STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED SEVENTEENTH DAY
Saint Paul, Minnesota, Friday, May 16, 2008
The House of Representatives convened at 12:00 noon and was
called to order by Neva Walker, Speaker pro tempore.
Prayer was offered by Rabbi Jared H. Saks, Temple Israel,
Minneapolis, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Pelowski was excused until 8:00 p.m. Kranz was excused until 9:35 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Lesch moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 3322 and
H. F. No. 3809, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Huntley moved that the rules be so far suspended that
S. F. No. 3322 be substituted for H. F. No. 3809
and that the House File be indefinitely postponed. The motion prevailed.
SECOND READING OF SENATE BILLS
S. F. No. 3322 was read for the second time.
The Speaker assumed the Chair.
Juhnke moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by Speaker pro
tempore Juhnke.
The following Conference Committee Report was received:
CONFERENCE
COMMITTEE REPORT ON H. F. NO. 3082
A bill for an act relating to retirement; various retirement
plans; adding two employment positions to the correctional state employees
retirement plan; including certain departments of the Rice Memorial Hospital in
Willmar and the Worthington Regional Hospital in privatized public employee
retirement coverage; providing for the potential dissolution of the Minnesota
Post Retirement Investment Fund; increasing teacher retirement plan reemployed
annuitant earnings limitations; temporarily exempting Metropolitan Airports
Commission police officers from reemployed annuitant earnings limits; mandating
joint and survivor optional annuities rather than single life annuities as
basic annuity form; making various changes in retirement plan administrative
provisions; clarifying general state employee retirement plan alternative
coverage elections by certain unclassified state employees retirement program
participants; clarifying direct state aid for the teacher retirement
associations; clarifying the handling of unclaimed retirement accounts in the
individual retirement account plan; providing for a study of certain Minnesota
State Colleges and Universities System tenure track faculty members; modifying
the manner in which official actuarial work for public pension plans is
performed; allowing pension plans greater latitude in setting salary and
payroll assumptions; extending amortization target dates for various retirement
plans; making the number and identity of tax-sheltered annuity vendors a
mandatory bargaining item for school districts and their employees; allowing a
certain firefighter relief association certain benefit increases; providing for
certain teacher retirement benefit and contribution increases; allowing
security broker-dealers to directly hold local pension plan assets; increasing
upmost flexible service pension maximum amounts for volunteer firefighters;
creating a voluntary statewide volunteer firefighter retirement plan advisory
board within the Public Employees Retirement
Association; allowing
various retirement plans to accept labor union retired member dues deduction
authorizations; authorizing various prior service credit purchases; authorizing
certain service credit and coverage transfers; authorizing a disability benefit
application to be rescinded; authorizing a retirement coverage termination;
providing an additional benefit to certain injured Minneapolis bomb squad
officers; allowing certain Independent School District No. 625 school board
members to make back defined contribution retirement plan contributions;
revising post-2009 additional amortization state aid allocations; modifying
PERA-P&F duty disability benefit amounts; authorizing a PERA prior military
service credit purchase; revising the administrative duties of the board and
the executive director of the Minnesota State Retirement System; increasing
pension commission membership; appropriating money; amending Minnesota Statutes
2006, sections 3.85, subdivision 3; 6.67; 11A.18, subdivision 9, by adding
subdivisions; 16A.055, subdivision 5; 43A.346, subdivisions 4, 5, 6, 7; 69.011,
subdivision 1; 123B.02, subdivision 15; 127A.50, subdivision 1; 352.03,
subdivisions 4, 5; 352.12, subdivision 2; 352.22, subdivision 10; 352.931,
subdivision 1; 352.97; 352.98, subdivisions 1, 2, 3, 4, 5; 352D.075,
subdivision 2a; 353.01, subdivisions 10, 11a, by adding a subdivision; 353.27,
by adding a subdivision; 353.30, subdivision 3; 353.33, subdivision 5; 353.64,
subdivision 11; 353.656, subdivision 2; 353D.05, subdivision 2; 353D.12,
subdivision 4; 353E.07, subdivision 7; 354.05, subdivisions 37, 38; 354.33,
subdivision 5; 354.42, subdivisions 2, 3; 354.44, subdivision 5; 354A.011,
subdivision 15a; 354A.12, subdivisions 1, 2a, 3a; 354A.31, subdivisions 3, 4,
4a, 7; 354B.20, by adding a subdivision; 354B.25, subdivision 5, by adding a
subdivision; 354C.165; 356.20, subdivisions 1, 2, 3, 4, 4a; 356.214,
subdivisions 1, 3, by adding a subdivision; 356.215, subdivisions 1, 2, 3, 8,
11, 18; 356.24, subdivision 1; 356.315, by adding a subdivision; 356.41;
356.46, as amended; 356.47, subdivision 3; 356.551, subdivision 2; 356.611,
subdivision 2, by adding a subdivision; 356A.06, subdivisions 1, 7, 8b;
356B.10, subdivision 3; 363A.36, subdivision 1; 383B.914, subdivision 7;
423A.02, subdivision 1b; 424A.001, subdivision 6, by adding a subdivision;
424A.02, subdivisions 3, 7, 9; 424A.05, subdivision 3; 518.003, subdivision 8;
Minnesota Statutes 2007 Supplement, sections 43A.346, subdivisions 1, 2;
352.01, subdivision 2a; 352.017, subdivision 2; 352.91, subdivision 3d;
352.955, subdivisions 3, 5; 352D.02, subdivisions 1, 3; 353.01, subdivision 2b;
353.0161, subdivision 2; 353.27, subdivision 14; 353.32, subdivision 1a; 353.656,
subdivision 1; 353.657, subdivision 2a; 353F.02, subdivision 4; 354.096,
subdivision 2; 354.44, subdivision 6; 354.72, subdivision 2; 354A.12,
subdivision 3c; 354C.12, subdivision 4; 356.96, subdivision 1; 422A.06,
subdivision 8; Laws 2002, chapter 392, article 2, section 4; Laws 2006, chapter
271, article 5, section 5; proposing coding for new law in Minnesota Statutes,
chapters 11A; 352; 353D; 353F; 354; 354C; 356; 423A; repealing Minnesota
Statutes 2006, sections 352.96; 354.44, subdivision 6a; 354.465; 354.51,
subdivision 4; 354.55, subdivisions 2, 3, 6, 12, 15; 354A.091, subdivisions 1a,
1b; 354A.12, subdivision 3a; 355.629; 356.214, subdivision 2; 356.215,
subdivision 2a; Minnesota Statutes 2007 Supplement, section 354A.12,
subdivisions 3b, 3c; Laws 1965, chapter 592, sections 3, as amended; 4, as
amended; Laws 1967, chapter 575, sections 2, as amended; 3; 4; Laws 1969,
chapter 352, section 1, subdivisions 3, 4, 5, 6; Laws 1969, chapter 526,
sections 3; 4; 5, as amended; 7, as amended; Laws 1971, chapter 140, sections
2, as amended; 3, as amended; 4, as amended; 5, as amended; Laws 1971, chapter
214, section 1, subdivisions 1, 2, 3, 4, 5; Laws 1973, chapter 304, section 1,
subdivisions 3, 4, 5, 6, 7, 8, 9; Laws 1973, chapter 472, section 1, as amended;
Laws 1975, chapter 185, section 1; Laws 1985, chapter 261, section 37, as
amended; Laws 1991, chapter 125, section 1; Laws 1993, chapter 244, article 4,
section 1; Laws 2005, First Special Session chapter 8, article 1, section 23;
Minnesota Rules, parts 7905.0100; 7905.0200; 7905.0300; 7905.0400; 7905.0500;
7905.0600; 7905.0700; 7905.0800; 7905.0900; 7905.1000; 7905.1100; 7905.1200;
7905.1300; 7905.1400; 7905.1500; 7905.1600; 7905.1700; 7905.1800; 7905.1900;
7905.2000; 7905.2100; 7905.2200; 7905.2300; 7905.2400; 7905.2450; 7905.2500;
7905.2560; 7905.2600; 7905.2700; 7905.2800; 7905.2900.
May
15, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 3082 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No.
3082 be further amended as follows:
Page 13, after line 1,
insert:
"Sec. 7. TEACHER
RETIREMENT BENEFITS.
The Legislative Commission
on Pensions and Retirement shall review issues related to Minnesota teacher
benefit adequacy and shall compare the level of teacher pension benefits in
Minnesota and other states. The commission
must report by January 15, 2009, to the chairs and ranking minority members of
the legislative committees with jurisdiction over public pensions and education
policy and finance.
EFFECTIVE DATE. This section is effective June 30, 2008."
Page 59, delete article 7
Page 92, delete section 1
and insert:
"Section 1. Minnesota Statutes 2006, section 123B.02,
subdivision 15, is amended to read:
Subd. 15. Annuity
contract; payroll allocation. (a)
At the request of an employee and as part of the employee's compensation
arrangement, the board may purchase an individual annuity contract for an
employee for retirement or other purposes and may make payroll allocations in
accordance with such arrangement for the purpose of paying the entire premium
due and to become due under such contract.
The allocation must be made in a manner which will qualify the annuity
premiums, or a portion thereof, for the benefit afforded under section 403(b)
of the current Federal Internal Revenue Code or any equivalent provision of subsequent
federal income tax law. The employee
shall own such contract and the employee's rights under the contract shall be
nonforfeitable except for failure to pay premiums. Section 122A.40 shall not be applicable hereto and the board
shall have no liability thereunder because of its purchase of any individual
annuity contracts. This statute shall
be applied in a nondiscriminatory manner to employees of the school
district. The identity and number of
the available vendors under federal Internal Revenue Code section 403(b) is a
term and condition of employment under section 179A.03.
(b) When considering vendors
under paragraph (a), the school district and the exclusive representative of
the employees shall consider all of the following:
(1) the vendor's ability to
comply with all employer requirements imposed by section 403(b) of the Internal
Revenue Code of 1986 and its subsequent amendments, other provisions of the
Internal Revenue Code of 1986 that apply to section 403(b) of the Internal
Revenue Code, and any regulation adopted in relation to these laws;
(2) the vendor's experience
in providing 403(b) plans;
(3) the vendor's potential
effectiveness in providing client services attendant to its plan and in
relation to cost;
(4) the nature and extent of
rights and benefits offered under the vendor's plan;
(5) the suitability of the
rights and benefits offered under the vendor's plan;
(6) the vendor's ability to
provide the rights and benefits offered under its plan; and
(7) the vendor's financial stability.
EFFECTIVE DATE. This section is effective August 1, 2008."
Page 105, delete article 14
Page 140, line 17, delete
"partisan"
Page 140, delete article 18
and insert:
"ARTICLE 16
SMALL GROUP PROVISIONS
Section 1. PUBLIC
EMPLOYEES RETIREMENT ASSOCIATION COVERAGE TERMINATION.
Subdivision 1. Eligibility. (a) An eligible individual specified in
paragraph (b) is authorized to apply for a retirement annuity, provided
necessary age and service requirements are met, under Minnesota Statutes, section
353.29 or 353.30, as applicable, as further specified under subdivision 2.
(b) An eligible individual
is an individual who:
(1) was employed by
Independent School District No. 535, Rochester, on October 6, 1993, and became
a member of the Public Employees Retirement Association coordinated plan;
(2) terminated from
Independent School District No. 535, Rochester, on December 31, 2003;
(3) was elected to the
Rochester City Council on April 22, 2003, and sworn in on May 5, 2003;
(4) was reelected to the
Rochester City Council and took office in November 2004;
(5) continued to work for
Olmsted County on a contract basis, while serving on the city council;
(6) elected under law then
applicable to have Public Employees Retirement Association coordinated plan
coverage for the city council elected service; and
(7) terminated Independent
School District No. 535, Rochester, employment but is unable to commence
receipt of a Public Employees Retirement Association coordinated plan annuity
because of the continuing Public Employees Retirement Association coordinated
plan coverage for the elected city council service and for Olmsted County.
Subd. 2. Retirement annuity. (a) Notwithstanding an irrevocable
election to participate in the Public Employees Retirement Association
coordinated plan as an elected official and continuation of elected service, an
eligible individual under subdivision 1, paragraph (b), is deemed to have
terminated membership under Minnesota Statutes, section 353.01, subdivision
11b, following termination of the Olmsted County employment.
(b) If the requirements of
paragraph (a) are satisfied, the eligible individual may apply for a retirement
annuity under Minnesota Statutes, section 353.29 or 353.30, as applicable. In computing the annuity, the Public
Employees Retirement Association must exclude salary due to the elected
Rochester City Council service.
Deferred annuity augmentation under Minnesota Statutes, section 353.71,
applies to this annuity.
Subd. 3. Treatment of Rochester
City Council contributions to the Public Employees Retirement Association. (a) All employee contributions to the
Public Employees Retirement Association coordinated plan by an eligible
individual in subdivision 1, paragraph (b), due to the elected Rochester City
Council service, and all corresponding employer contributions, must be
determined.
(b) An eligible individual
under subdivision 1, paragraph (b), must elect, within one year of the
effective date of this section or upon termination of elective service,
whichever is earlier, a refund under Minnesota Statutes, section 353.34,
subdivision 2, of employee contributions determined under paragraph (a), or
coverage by the public employees defined contribution plan under Minnesota
Statutes, chapter 353D, as further specified in paragraph (c).
(c) If public employee
defined contribution plan coverage is elected under paragraph (b),
contributions to that plan commence as of the first day of the pay period
following this election, and accumulated employee and employer contributions
determined under paragraph (a) must be transferred with six percent annual
interest to an account for the eligible individual in the public employees
defined contribution plan.
(d) If no election is made
by an eligible individual by the required date in paragraph (b), the individual
is assumed to have elected the refund indicated in paragraph (b).
(e) Upon an election under
paragraph (b), or a mandatory refund under paragraph (d), all rights in the
Public Employees Retirement Association coordinated plan due to elected
Rochester City Council service are forfeited and may not be reestablished.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 2. PERA-GENERAL;
ST. PAUL PUBLIC WORKS EMPLOYEE; RETIREMENT ANNUITY REVOCATION.
(a) Notwithstanding any
provision of Minnesota Statutes, chapter 353, to the contrary, an eligible
person described in paragraph (b) is entitled to withdraw a retirement annuity
application previously filed with the general employees retirement plan of the
Public Employees Retirement Association and to apply for a disability benefit
if determined to have been totally and permanently disabled as of the date of
the termination of active employment.
(b) An eligible person is a
person who:
(1) was born on March 9,
1949;
(2) was an employee of the
Department of Public Works of the city of St. Paul prior to terminating active
employment;
(3) suffered an
employment-related shoulder injury on May 9, 2006;
(4) suffers from and has
been treated for stress and related disorders; and
(5) filed an application for
a retirement annuity from the general employees retirement plan of the Public
Employees Retirement Association on December 12, 2006, without being provided
with a disability benefit application and without being provided with any
benefit counseling by the Public Employees Retirement Association.
(c) If the eligible person,
upon withdrawing the retirement annuity application in writing and upon filing
a disability benefit application with the Public Employees Retirement
Association, is determined to have been totally and permanently disabled as of
the date of the termination of active employment under Minnesota Statutes,
sections 353.01, subdivision 19, and 353.33, the eligible person is entitled to
receive a disability benefit effective retroactively from the date on which the
eligible person terminated active employment, under the same annuity option
selection made on December 12, 2006.
The amount of any increased benefit amount between the date of the
termination of active employment and the disability determination date is
payable in a lump sum as soon as is practicable following the disability
determination date.
(d) If the previously filed
retirement annuity application is withdrawn under this section and the eligible
person is determined not to have been totally and permanently disabled as of
the date of the termination of active employment, the prior retirement annuity
application is reinstated.
(e) The authority to
withdraw a previously filed retirement annuity application under this section
expires on January 1, 2009.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to any eligible person who was a public employee on December 1,
2006.
Sec. 3. PERA-P&F;
TRANSFER OF SERVICE CREDIT FOR PRIOR MAPLE GROVE CITY EMPLOYMENT PERIOD.
Subdivision 1. Authorization. An eligible person described in
subdivision 2 is authorized to have service credit transferred under
subdivision 3 upon the payment of the additional amounts required under
subdivision 4 and upon the substantiation of the nature of the employment under
subdivision 5.
Subd. 2. Eligible person. For purposes of this section, an eligible
person is a person who:
(1) was born on April 12,
1956;
(2) was initially employed
by the city of Maple Grove on February 16, 1988;
(3) was employed as a
full-time fire inspector by the fire-rescue department of the city of Maple
Grove, including daytime response to fire calls, with retirement coverage by
the coordinated program of the general employees retirement plan of the Public
Employees Retirement Association, on April 2, 1990; and
(4) was transferred to
retirement coverage by the public employees police and fire retirement plan as
a fire inspector by Maple Grove city council action on January 1, 1996.
Subd. 3. Service credit
transfer. (a) An eligible
person, upon filing a written application as prescribed by the executive
director of the Public Employees Retirement Association and upon compliance
with subdivisions 4 and 5, shall have service credit for the period from April
2, 1990, to January 1, 1996, transferred from the coordinated program of the
general employees retirement plan to the public employees police and fire
retirement plan on the first of the month next following the receipt of the
additional payments under subdivision 4.
(b) Upon the transfer of
service credit under paragraph (a), the service credit of the eligible person
in the coordinated program of the general employees retirement plan for the
period from April 2, 1990, to January 1, 1996, is forfeited and may not be
subsequently restored under Minnesota Statutes, section 353.35, or any other
applicable provision of law.
Subd. 4. Additional payment
amounts. (a) Accompanying
the written application under subdivision 3, the eligible person shall include
an additional member contribution payment for the period from April 2, 1990, to
January 1, 1996. The additional member
contribution payment amount is the difference between the member contribution
rate under Minnesota Statutes, section 353.65, subdivision 2, and the member
contribution rate under Minnesota Statutes, section 353.27, subdivision 2,
applied to the eligible person's total covered salary for the period from April
2, 1990, to January 1, 1996, plus annual compound interest from August 1, 1993,
to the date on which the payment is made at the rate of 8.5 percent.
(b) Upon receipt of the
additional member contributions under paragraph (a), the executive director of
the Public Employees Retirement Association shall notify the city of Maple
Grove that the payment was made and the amount of the additional employer
contribution. Within 30 days of the
receipt of the notification from the Public Employees Retirement Association,
the city of Maple Grove shall pay the additional employer contribution
amount. The amount is the difference
between the present value of the eligible person's combined retirement annuity
from the coordinated program of the general employees retirement plan and from
the public employees police and fire retirement plan as of the end of the month
preceding the payment of the additional member contribution amount and the
present value of the potential retirement annuity from the public employees
police and fire retirement plan if the service credit transfer occurred as of
the same date, reduced by the amount of the retirement plan asset transfer
under paragraph (c) and by the amount of the additional member contribution
amount. The present value computation
must be made by the actuary retained under Minnesota Statutes, section 356.214,
and must utilize the applicable actuarial assumptions under Minnesota Statutes,
section 356.215. The additional
employer contribution amount must be paid in a lump sum. If the additional employer contribution
payment is not made in a timely fashion, the executive director of the Public
Employees Retirement Association shall notify the commissioners of finance and
revenue of that fact and the commissioners shall deduct the required amount
from any state aid or other state payment amount applicable to the city, plus
interest on the amount at the rate of one percent per month from the payment
due date to the actual payment date.
(c) Upon the receipt of the
additional member contribution under paragraph (a), the executive director
shall transfer an amount equal to double the eligible person's member
contributions to the coordinated program of the general employees retirement
plan for the period from April 2, 1990, to January 1, 1996, plus compound
interest at the annual rate of 8.5 percent from August 1, 1993, to the date of
transfer from the general employees retirement fund to the public employees
police and fire retirement fund.
Subd. 5. Public safety
employment substantiation. Service
credit is transferrable under this section only if the employment for the city
of Maple Grove by the eligible person during the period from April 2, 1990, to
January 1, 1996, is documented as constituting firefighter employment
sufficient to qualify for public employees police and fire retirement plan
membership and eligibility if the city of Maple Grove had adopted the
resolution under Minnesota Statutes, section 353.64, subdivision 2, as of April
2, 1990. The city of Maple Grove and
the eligible person must provide any relevant documentation required by the
executive director of the Public Employees Retirement Association.
Subd. 6. Expiration. Authority to transfer service credit
under this section expires on July 1, 2009.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 4. TEACHERS
RETIREMENT ASSOCIATION COVERAGE ELECTION FOR CERTAIN MNSCU FACULTY MEMBERS.
(a) Notwithstanding any
provision to the contrary of Minnesota Statutes, chapter 354B, an eligible
person described in paragraph (b) may elect prospective and retroactive
retirement coverage under paragraph (c).
(b) An eligible person is a
person who:
(1) was born on December 9,
1954;
(2) was initially employed
by the Minnesota State Colleges and Universities system on a part-time basis at
Metropolitan State University on January 12, 2004;
(3) was first employed in
excess of 25 percent of full-time employment by the Minnesota State Colleges
and Universities system on August 27, 2005;
(4) was covered by the
higher education individual retirement account plan because of a failure of the
Minnesota State Colleges and Universities system to advise about the default
retirement coverage provision of Minnesota Statutes, section 354B.21,
subdivision 3; and
(5) became a full-time
employee of the Minnesota State Colleges and Universities system as a full-time
faculty member at Metropolitan State University on July 17, 2007.
(c) An eligible person may
elect retirement coverage by the Teachers Retirement Association rather than
the higher education individual retirement account plan for faculty employment
rendered after the date of the retirement coverage election under this section
and for past Minnesota State Colleges and Universities system faculty employment
from January 12, 2004, until the date of the retirement coverage election. The election must be made in writing, must
be filed with the executive director of the Teachers Retirement Association,
and must be accompanied with any relevant documentation required by the
executive director of the Teachers Retirement Association.
(d) If an eligible person
makes the retirement coverage election under paragraph (c), the eligible
person's member contributions to the higher education individual retirement
account plan must be transferred to the Teachers Retirement Association, with
any earned investment returns on those contributions. If the transferred member contributions and investment earnings
are less than the calculated amount of the member contribution that the
eligible person would have made to the Teachers Retirement Association on the
eligible person's compensation from the Minnesota State Colleges and
Universities system for the period from August 27, 2005, to the date of the
retirement coverage election, if the person had been covered by the Teachers
Retirement Association during the period, plus annual compound interest at the
rate of 8.5 percent, the eligible person shall pay the balance of that
calculated member contribution obligation within 30 days of the retirement
coverage election. Any payment may be
made through an institution-to-institution transfer from the eligible person's
account in the Minnesota state deferred compensation program or the eligible person's
tax-sheltered savings account under the federal Internal Revenue Code, section
403(b).
(e) Upon the transfer of the
equivalent member contribution amount and any additional payments under
paragraph (d), the balance of the eligible person's higher education individual
retirement account plan account must be transferred to the Teachers Retirement
Association. If the amounts under
paragraph (d) and the higher education individual retirement account plan
account balance under this paragraph are less than the prior service credit
purchase payment amount calculated under Minnesota Statutes, section 356.551,
the Minnesota State Colleges and Universities system shall pay that difference
within 60 days of the retirement coverage election date.
(f) Upon the transfers and
payments under paragraphs (d) and (e), the eligible person must be credited by
the Teachers Retirement Association with allowable and formula service for
Minnesota State Colleges and Universities system employment since January 12,
2004.
(g) The authority to make a
retirement coverage election under this section expires on January 1, 2009.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
5. TEACHERS
RETIREMENT ASSOCIATION; SERVICE CREDIT PURCHASE AUTHORIZATION.
(a) Notwithstanding any
provision of Minnesota Statutes, chapter 354, to the contrary, an eligible
person described in paragraph (b) may purchase allowable and formula service
credit under Minnesota Statutes, section 354.05, subdivisions 13 and 25, from
the Teachers Retirement Association, for the period of prior out-of-state
teaching service specified in paragraph (c), by making the payment required
under paragraph (d).
(b) An eligible person is a
person who:
(1) was born on April 7,
1976;
(2) was a teacher at the
Edwardsville High School in O'Fallon, Illinois, during the 1998-1999,
1999-2000, 2000-2001, and 2001-2002 school years;
(3) was a teacher for
Independent School District No. 196, Rosemount, at the Apple Valley High School
during the 2002-2003, 2003-2004, 2004-2005, 2005-2006, and 2006-2007 school
years; and
(4) was on a leave of
absence from Independent School District No. 196, Rosemount, for the 2007-2008
school year.
(c) The period of prior
service credit available for purchase is up to 4.188 years, representing
Illinois teaching service rendered during the 1998-1999, 1999-2000, 2000-2001,
and 2001-2002 school years. The prior
service credit may not exceed one year of service credit in any school year and
may not include any prior teaching service that entitles the eligible person to
a current or deferred age and service retirement annuity or disability benefit
from the Illinois Teachers Retirement System or that was previously subject to
a prior service credit purchase from another defined benefit public employee
retirement plan.
(d) The purchase payment
amount under this section is the amount calculated under Minnesota Statutes,
section 356.551. If permitted by
federal law and Illinois state law, the purchase payment obligation may be met in
whole or in part by an institution-to-institution transfer of the eligible
person's account balance in the Illinois Teachers Retirement System.
(e) The election to purchase
prior service credit under this section must be made in writing and must be
filed with the executive director of the Teachers Retirement Association. The executive director of the Teachers
Retirement Association may require the documentation of the applicability of
this section and any other relevant information from the eligible person.
EFFECTIVE DATE; EXPIRATION. This section is effective the day following final enactment
and expires on January 1, 2010.
Sec. 6. REVISED
TOTAL AND PERMANENT DISABILITY BENEFIT, MINNEAPOLIS BOMB SQUAD DISABILITANT.
(a) Notwithstanding
Minnesota Statutes 2007 Supplement, section 353.656, subdivision 1a, to the
contrary, an eligible person specified in paragraph (b) is entitled to the
benefit specified in paragraph (c).
(b) An eligible person is a
person who:
(1) was born on September 9,
1964;
(2) was injured on February
9, 2005, while working as a police officer on the city of Minneapolis bomb
squad, causing traumatic brain injury;
(3) because of ineligibility
for coverage under the federal Old Age, Survivors, and Disability Insurance
Program, is not eligible for federal Old Age, Survivors, and Disability
Insurance Program disability benefits; and
(4) commenced receiving
public employees police and fire retirement plan disability benefits on August
12, 2006.
(c) The disability benefit
payable to an eligible person specified in paragraph (b) is 75 percent of
average salary as defined in Minnesota Statutes, section 353.01, subdivision
17a. The benefit specified in this
paragraph commences on the first day of the month after the effective date, and
is in lieu of the disability benefit otherwise provided by law.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 7. PERA
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT NO. 2859, GLENCOE/SILVER LAKE,
ANNUITANT WAIVER OF REPAYMENT REQUIREMENT.
(a) Notwithstanding any
provisions of Minnesota Statutes 2007 Supplement, section 353.01, subdivision
28, to the contrary, an eligible person described in paragraph (b) must be
considered by the executive director of the Public Employees Retirement
Association to have retired on September 30, 2003, although the person rendered
service in October 2003 as an employee of an independent contractor which
provided services to the same governmental subdivision from which the
individual terminated service on September 30, 2003.
(b) An eligible person is a
person who:
(1) was born on November 13,
1944;
(2) was hired on August 17,
1964, by Independent School District No. 422, Glencoe, predecessor of the now
consolidated Independent School District No. 2859, Glencoe/Silver Lake, with
coverage by the general employees retirement plan of the Public Employees
Retirement Association;
(3) terminated employment as
manager of the grounds and transportation for the school district on September
30, 2003; and
(4) relying upon incomplete
or erroneous information provided by the Public Employees Retirement
Association regarding separation from service requirements as it applies to
independent contractor employment, became an employee in October 2003 of the
independent contractor providing bus service for the same school district.
(c) Notwithstanding
Minnesota Statutes, section 353.27, subdivision 7b, an eligible person
described in paragraph (b) must not be required to repay, through suspension or
reduction of the annuity or any other means, any Public Employees Retirement
Association general plan retirement annuity amount received before December 31,
2004.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 8. PERA-GENERAL;
CITY OF ST. PAUL EMPLOYEE SERVICE CREDIT PURCHASE.
(a) An eligible person
described in paragraph (b) is entitled to purchase allowable service credit
from the general employees retirement plan of the Public Employees Retirement
Association for the period of employment by the city of St. Paul between May 1,
1982, and March 31, 1984, that qualified as employment by a public employee
under Minnesota Statutes 1982, section 353.01, subdivision 2, that was not
previously credited by the retirement plan.
(b) An eligible person is a
person who:
(1) was born on March 25,
1960;
(2) was first employed by
the city of St. Paul on April 23, 1979;
(3) qualified for Public
Employees Retirement Association general plan coverage in May 1982 but was not
reported by the city of St. Paul to the Public Employees Retirement Association
for coverage until April 1984; and
(4) became a member of the
general employees retirement plan of the Public Employees Retirement
Association in April 1984.
(c) The eligible person
described in paragraph (b) is authorized to apply with the executive director
of the Public Employees Retirement Association to make the service credit
purchase under this section. The
application must be in writing and must include all necessary documentation of
the applicability of this section and any other relevant information that the
executive director may require.
(d) Allowable service credit
under Minnesota Statutes, section 353.01, subdivision 16, must be granted by
the general employees retirement plan of the Public Employees Retirement
Association to the account of the eligible person upon the receipt of the prior
service credit purchase payment amount required under Minnesota Statutes,
section 356.551.
(e) Of the prior service
credit purchase payment amount under Minnesota Statutes, section 356.551, the
eligible person must pay an amount equal to the employee contribution rate or
rates in effect during the uncredited employment period applied to the actual
salary rates in effect during the period, plus annual compound interest at the
rate of 8.5 percent from the date the member contribution payment should have
been made if made in a timely fashion until the date on which the contribution
is actually made. If the equivalent
member contribution payment, plus interest, is made, the city of St. Paul shall
pay the balance of the total prior service credit purchase payment amount under
Minnesota Statutes, section 356.551, within 60 days of notification by the
executive director of the Public Employees Retirement Association that the member
contribution equivalent payment has been received by the association.
(f) Authority for an
eligible person to make a prior service credit purchase under this section
expires on June 30, 2009, or upon termination of employment covered by the
Public Employees Retirement Association, whichever is earlier.
(g) If the city of St. Paul
fails to pay its portion of the prior service credit purchase payment amount
under paragraph (e), the executive director of the Public Employees Retirement
Association must notify the commissioners of finance and revenue of that fact
and the commissioners shall order the deduction of the required payment amount
from the next payment of any state aid to the city of St. Paul and the
commissioners shall transmit the applicable amount to the general employees
retirement fund of the Public Employees Retirement Association.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 9. ST.
PAUL SCHOOL BOARD; PRIOR SERVICE PURCHASE.
(a) An eligible person described
in paragraph (b) is entitled to purchase prior uncredited service rendered as a
member of the board of education of Independent School District No. 625, St.
Paul, from the defined contribution retirement plan of the Public Employees
Retirement Association.
(b) An eligible person is a
person who has one of the following combinations of date of birth, date of
initial membership on the board of education of Independent School District No.
625, St. Paul, and first enrolled in the public employees defined contribution
plan:
date
of enrollment in
date
of initial school board public
employees defined
person birth
date membership contribution
plan
A January 10, 1955 January
1, 2000 August
28, 2007
B May 15, 1957 January
1, 2006 January
20, 2007
C May 7, 1960 January
1, 1992 February
17, 1998
D July 16, 1969 January
1, 2004 April
13, 2007
(c) To make the purchase, eligible persons A, B, and
D shall pay an amount equal to five percent of the salary of the eligible
person between the date of the initial school board membership and the date of
enrollment in the public employees defined contribution plan, plus compound
interest on that amount from the midpoint of that period to the date of
payment. To make the purchase, eligible
person C shall make two payments, one before December 15, 2008, and the other
after January 1, 2009, and before January 31, 2010, each in an amount equal to
2.5 percent of the salary of the eligible person between January 1, 1992, and
February 17, 1998, plus compound interest on that amount at the rate of six
percent from July 1, 1994, to the date of payment.
(d) If the eligible person makes the payment under
paragraph (c), Independent School District No. 625, St. Paul, shall pay an
amount equal to the payment amount or amounts under paragraph (c). The employer payment or payments must be
made within ten days of the date of notification of the eligible person's
payment by the executive director of the Public Employees Retirement
Association.
(e) This authority expires on May 31, 2010, or on
the first day of the month next following the conclusion of the eligible
member's elected public service, whichever occurs earlier.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 10. TEACHERS
RETIREMENT ASSOCIATION; SERVICE CREDIT PURCHASE AUTHORIZATION.
(a) Notwithstanding any provision of Minnesota
Statutes, chapter 354, to the contrary, unless the period to be purchased is
credited as allowable service by another retirement plan covered by Minnesota
Statutes, section 356.30, or is ineligible for credit as allowable or formula
service under Minnesota Statutes, chapter 354, an eligible person described in
paragraph (b) may purchase allowable and formula service credit under Minnesota
Statutes, section 354.05, subdivisions 13 and 25, from the Teachers Retirement
Association, for the period specified in paragraph (c), by making the payment
required under paragraph (d).
(b) An eligible person is a person who:
(1) was born on December 8, 1974; and
(2) took a leave of absence from teaching in
Wayzata, Independent School District, No. 284, from January, 2006, through
March, 2006, during which the person did not receive allowable and formula
service credit from the Teachers Retirement Association.
(c) The period of prior service credit available for
purchase is 26.5 days.
(d) The purchase payment amount under this section
is the amount calculated in Minnesota Statutes, section 356.551.
(e) The election to purchase prior service credit
under this section must be made in writing and must be filed with the executive
director of the Teachers Retirement Association. The executive director may require documentation of the
applicability of this section and any other relevant information from the
eligible person.
EFFECTIVE
DATE; EXPIRATION. (a) This section is
effective the day following final enactment.
(b) This section expires on June 30, 2009.
Sec. 11. MSRS-UNCLASSIFIED PROGRAM; MARITAL
PROPERTY DIVISION.
(a) An eligible state employee described in paragraph
(b) may elect to have the person's account in the unclassified state employees
retirement program of the Minnesota State Retirement System governed by
Minnesota Statutes, chapter 352D, divided as provided in a marital property
division decree as part of a marriage dissolution action prior to the date on
which the person terminates state employment.
(b) An eligible state employee is a person who:
(1) was born on July 19, 1953;
(2) was employed by the State Lottery in October
1989; and
(3) filed a marital property division decree from a
marriage dissolution action with the executive director of the Minnesota State
Retirement System.
(c) The former spouse of an eligible state employee,
following the division election under paragraph (a), may, upon filing a written
application, withdraw the cash value of the shares to the credit of the former
spouse or leave those shares on deposit in the supplemental investment fund.
(d) If the eligible state employee described in
paragraph (b) exercises a retirement coverage transfer option election under
Minnesota Statutes, section 352D.02, subdivision 3, and if the eligible state
employee had previously exercised the division election under paragraph (a),
the redemption of shares by the eligible state employee under Minnesota
Statutes, section 352D.02, subdivision 3, is limited to the employee's portion
of the total account amount and the allowable service credit of the employee in
the general state employees retirement plan obtained by the election must bear
the same relationship to the total state employment of the employee that the
employee's portion of the total account bears to the total account amount. An election by an eligible state employee
under Minnesota Statutes, section 352D.02, subdivision 3, does not apply to the
former spouse and does not prevent the former spouse from utilizing Minnesota
Statutes, section 352D.05, at any time after the division election under
paragraph (a) is made or Minnesota Statutes, section 352D.06, when the former
spouse attains at least age 55.
(e) A division election under paragraph (a) is
irrevocable.
EFFECTIVE
DATE. This section is effective the day
following final enactment."
Page 153, delete article 19
Renumber the articles in sequence
Amend the title as follows:
Page 1, line 11, delete everything after the
semicolon
Page 1, delete line 12
Page 1, line 13, delete everything before
"clarifying"
Page 1, line 22, delete "providing" and
insert "requiring a review of teacher benefits;"
Page 1, line 23, delete everything before
"allowing"
Page 1, line 38, delete everything before
"appropriating"
Correct the title numbers accordingly
We request the adoption of this report and repassage of the
bill.
House Conferees: Mary Murphy, Phyllis Kahn, Paul Thissen,
Michael V. Nelson and Steve Smith.
Senate Conferees: Don Betzold, Dan Larson, Mary A. Olson, Ann
Lynch and Betsy L. Wergin.
Murphy, M., moved that the report of the Conference Committee
on H. F. No. 3082 be adopted and that the bill be repassed as
amended by the Conference Committee.
Wardlow moved that the House refuse to adopt the Conference
Committee report on H. F. No. 3082, and that the bill be
returned to the Conference Committee.
A roll call was requested and properly seconded.
The question was taken on the Wardlow motion and the roll was
called.
Pursuant to rule 2.05, Speaker pro tempore Juhnke excused
Ozment from voting on the Wardlow motion relating to H. F. No. 3082, as amended
by Conference.
There were 41 yeas and 90 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Berns
Bly
Brod
Brown
Buesgens
Cornish
Dean
DeLaForest
Dettmer
Dittrich
Doty
Emmer
Erickson
Faust
Finstad
Gardner
Hamilton
Haws
Heidgerken
Kohls
Lanning
Magnus
Marquart
McFarlane
Nornes
Olin
Olson
Paulsen
Peterson, S.
Rukavina
Simpson
Tingelstad
Tschumper
Urdahl
Ward
Wardlow
Westrom
Those who voted in the negative were:
Atkins
Beard
Benson
Bigham
Brynaert
Bunn
Carlson
Clark
Davnie
Demmer
Dill
Dominguez
Drazkowski
Eastlund
Eken
Erhardt
Fritz
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Otremba
Paymar
Peppin
Peterson, A.
Peterson, N.
Poppe
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Walker
Welti
Winkler
Wollschlager
Zellers
Spk. Kelliher
The motion did not prevail.
The question recurred on the Murphy, M., motion that the report
of the Conference Committee on H. F. No. 3082 be adopted and
that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3082, A bill for an act relating to retirement;
various retirement plans; adding two employment positions to the correctional
state employees retirement plan; including certain departments of the Rice
Memorial Hospital in Willmar and the Worthington Regional Hospital in
privatized public employee retirement coverage; providing for the potential
dissolution of the Minnesota Post Retirement Investment Fund; increasing teacher
retirement plan reemployed annuitant earnings limitations; temporarily
exempting Metropolitan Airports Commission police officers from reemployed
annuitant earnings limits; mandating joint and survivor optional annuities
rather than single life annuities as basic annuity form; making various changes
in retirement plan administrative provisions; clarifying general state employee
retirement plan alternative coverage elections by certain unclassified state
employees retirement program participants; clarifying direct state aid for the
teacher retirement associations; clarifying the handling of unclaimed
retirement accounts in the individual retirement account plan; providing for a
study of certain Minnesota State Colleges and Universities System tenure track
faculty members; modifying the manner in which official actuarial work for
public pension plans is performed; allowing pension plans greater latitude in
setting salary and payroll assumptions; extending amortization target dates for
various retirement plans; making the number and identity of tax-sheltered
annuity vendors a mandatory bargaining item for school districts and their
employees; allowing a certain firefighter relief association certain benefit
increases; providing for certain teacher retirement benefit and contribution
increases; allowing security broker-dealers to directly hold local pension plan
assets; increasing upmost flexible service pension maximum amounts for
volunteer firefighters; creating a voluntary statewide volunteer firefighter
retirement plan advisory board within the Public Employees Retirement
Association; allowing various retirement plans to accept labor union retired
member dues deduction authorizations; authorizing various prior service credit
purchases; authorizing certain service credit and coverage transfers;
authorizing a disability benefit application to be rescinded; authorizing a
retirement coverage termination; providing an additional benefit to certain
injured Minneapolis bomb squad officers; allowing certain Independent School
District No. 625 school board members to make back defined contribution
retirement plan contributions; revising post-2009 additional amortization state
aid allocations; modifying PERA-P&F duty disability benefit amounts;
authorizing a PERA prior military service credit purchase; revising the
administrative duties of the board and the executive director of the Minnesota
State Retirement System; increasing pension commission membership;
appropriating money; amending Minnesota Statutes 2006, sections 3.85,
subdivision 3; 6.67; 11A.18, subdivision 9, by adding subdivisions; 16A.055,
subdivision 5; 43A.346, subdivisions 4, 5, 6, 7; 69.011, subdivision 1;
123B.02, subdivision 15; 127A.50, subdivision 1; 352.03, subdivisions 4, 5;
352.12, subdivision 2; 352.22, subdivision 10; 352.931, subdivision 1; 352.97;
352.98, subdivisions 1, 2, 3, 4, 5; 352D.075, subdivision 2a; 353.01,
subdivisions 10, 11a, by adding a subdivision; 353.27, by adding a subdivision;
353.30, subdivision 3; 353.33, subdivision 5;
353.64, subdivision 11;
353.656, subdivision 2; 353D.05, subdivision 2; 353D.12, subdivision 4;
353E.07, subdivision 7; 354.05, subdivisions 37, 38; 354.33, subdivision 5;
354.42, subdivisions 2, 3; 354.44, subdivision 5; 354A.011, subdivision 15a;
354A.12, subdivisions 1, 2a, 3a; 354A.31, subdivisions 3, 4, 4a, 7; 354B.20, by
adding a subdivision; 354B.25, subdivision 5, by adding a subdivision;
354C.165; 356.20, subdivisions 1, 2, 3, 4, 4a; 356.214, subdivisions 1, 3, by
adding a subdivision; 356.215, subdivisions 1, 2, 3, 8, 11, 18; 356.24,
subdivision 1; 356.315, by adding a subdivision; 356.41; 356.46, as amended;
356.47, subdivision 3; 356.551, subdivision 2; 356.611, subdivision 2, by
adding a subdivision; 356A.06, subdivisions 1, 7, 8b; 356B.10, subdivision 3;
363A.36, subdivision 1; 383B.914, subdivision 7; 423A.02, subdivision 1b;
424A.001, subdivision 6, by adding a subdivision; 424A.02, subdivisions 3, 7,
9; 424A.05, subdivision 3; 518.003, subdivision 8; Minnesota Statutes 2007
Supplement, sections 43A.346, subdivisions 1, 2; 352.01, subdivision 2a;
352.017, subdivision 2; 352.91, subdivision 3d; 352.955, subdivisions 3, 5;
352D.02, subdivisions 1, 3; 353.01, subdivision 2b; 353.0161, subdivision 2;
353.27, subdivision 14; 353.32, subdivision 1a; 353.656, subdivision 1;
353.657, subdivision 2a; 353F.02, subdivision 4; 354.096, subdivision 2;
354.44, subdivision 6; 354.72, subdivision 2; 354A.12, subdivision 3c; 354C.12,
subdivision 4; 356.96, subdivision 1; 422A.06, subdivision 8; Laws 2002,
chapter 392, article 2, section 4; Laws 2006, chapter 271, article 5, section
5; proposing coding for new law in Minnesota Statutes, chapters 11A; 352; 353D;
353F; 354; 354C; 356; 423A; repealing Minnesota Statutes 2006, sections 352.96;
354.44, subdivision 6a; 354.465; 354.51, subdivision 4; 354.55, subdivisions 2,
3, 6, 12, 15; 354A.091, subdivisions 1a, 1b; 354A.12, subdivision 3a; 355.629;
356.214, subdivision 2; 356.215, subdivision 2a; Minnesota Statutes 2007
Supplement, section 354A.12, subdivisions 3b, 3c; Laws 1965, chapter 592,
sections 3, as amended; 4, as amended; Laws 1967, chapter 575, sections 2, as
amended; 3; 4; Laws 1969, chapter 352, section 1, subdivisions 3, 4, 5, 6; Laws
1969, chapter 526, sections 3; 4; 5, as amended; 7, as amended; Laws 1971, chapter
140, sections 2, as amended; 3, as amended; 4, as amended; 5, as amended; Laws
1971, chapter 214, section 1, subdivisions 1, 2, 3, 4, 5; Laws 1973, chapter
304, section 1, subdivisions 3, 4, 5, 6, 7, 8, 9; Laws 1973, chapter 472,
section 1, as amended; Laws 1975, chapter 185, section 1; Laws 1985, chapter
261, section 37, as amended; Laws 1991, chapter 125, section 1; Laws 1993,
chapter 244, article 4, section 1; Laws 2005, First Special Session chapter 8,
article 1, section 23; Minnesota Rules, parts 7905.0100; 7905.0200; 7905.0300;
7905.0400; 7905.0500; 7905.0600; 7905.0700; 7905.0800; 7905.0900; 7905.1000;
7905.1100; 7905.1200; 7905.1300; 7905.1400; 7905.1500; 7905.1600; 7905.1700;
7905.1800; 7905.1900; 7905.2000; 7905.2100; 7905.2200; 7905.2300; 7905.2400;
7905.2450; 7905.2500; 7905.2560; 7905.2600; 7905.2700; 7905.2800; 7905.2900.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called.
Pursuant to rule 2.05, Speaker pro tempore
Juhnke excused Ozment from voting on the repassage of
H. F. No. 3082, as amended by Conference.
There were 115 yeas and 16 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
DeLaForest
Demmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erhardt
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
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
Otremba
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Wardlow
Welti
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, S.
Berns
Brod
Buesgens
Dean
Dettmer
Emmer
Erickson
Finstad
Heidgerken
Kohls
Olson
Peterson, S.
Urdahl
Westrom
The bill was repassed, as
amended by Conference, and its title agreed to.
REPORTS
FROM THE COMMITTEE ON RULES AND
LEGISLATIVE
ADMINISTRATION
Sertich from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be
placed on the Supplemental Calendar for the Day for Friday, May 16, 2008:
S. F. No. 3003; H. F. No. 2949;
and S. F. No. 3780.
Sertich from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bill to be
placed on the Supplemental Calendar for the Day for Friday, May 16, 2008:
H. F. No. 615.
CALENDAR FOR THE DAY
S. F. No. 3780 was reported to the House.
Thao moved to amend S. F. No. 3780 as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 3924, the first engrossment:
"Section
1. Minnesota Statutes 2006, section
145.711, is amended by adding a subdivision to read:
Subd.
1a. Contact
lens. "Contact
lens" means any device placed on the anterior surface of the eye for
refractive, cosmetic, diagnostic, or therapeutic purposes.
Sec.
2. Minnesota Statutes 2006, section
148.56, is amended to read:
148.56 OPTOMETRISTS.
Subdivision
1. Optometry
defined. (a) Any person
shall be deemed to be practicing optometry within the meaning of sections
148.52 to 148.62 who shall display a sign, such as an eye, a pair of eyes, a
pair of glasses or spectacles, or who shall in any way:
(1) advertise as an optometrist,;
or who shall
(2)
employ any
means for the measurement of the powers of vision or the adaptation of lenses
or prisms for the aid thereof,; or
(3) possess testing appliances
for the purpose of the measurement of the powers of vision,; or
(4) diagnose any disease, optical
deficiency or deformity, or visual or muscular anomaly of the human eye,;
or
(5) prescribe lenses, prisms,
or ocular exercises for the correction or the relief of same,; or
(6)
prescribe or administer legend drugs to aid in the diagnosis, cure, mitigation,
prevention, treatment, or management of disease, deficiency, deformity, or
abnormality of the human eye and adnexa included in the curricula of accredited
schools or colleges of optometry, and as limited by Minnesota statute and rules
adopted by the Board of Optometry, or who holds oneself out as being able to do so.
(b)
In the course of treatment, nothing in this section shall allow:
(1)
legend drugs to be administered intravenously, intramuscularly, or by
injection, except for treatment of anaphylaxis;
(2)
invasive surgery including, but not limited to, surgery using lasers;
(3)
schedule II and III oral legend drugs and oral steroids to be administered or
prescribed;
(4)
oral antivirals to be prescribed or administered for more than ten days; or
(5)
oral carbonic anhydrase inhibitors to be prescribed or administered for more
than seven days.
Subd.
2. Unlawful
practices. It shall be unlawful for
any person who is not licensed as an optometrist in this state to:
(1) perform any of the actions contained
in subdivision 1;
(2)
fit, sell,
or dispose of, or to take, receive, or solicit any order for the fitting, sale,
or disposition of, any spectacles, eye glasses, or lenses for the correction of
vision in any place within the state other than an established place of
business wherein such where spectacles, eye glasses, or lenses
are commonly sold and dealt in; and it shall be unlawful for any person, not
licensed as an optometrist thereunder, to; or
(3) sell or dispose of, at
retail, any spectacles, eye glasses, or lenses for the correction of vision in
any established place of business or elsewhere in this state except under the
supervision, direction, and authority of a duly licensed optometrist holding
who holds a certificate under sections 148.52 to 148.62, who shall be
and is in charge of and in personal attendance at the booth, counter, or
place where such articles are sold or disposed of.
Subd.
3. Unregulated
sales. Nothing in sections 148.52
to 148.62 shall be construed to apply to the sale of toy glasses, goggles
consisting of plano-white or plano-colored lenses or ordinary colored glasses
or to the replacement of duplications of broken lenses, nor to sales upon
prescription from persons legally authorized by the laws of this state to
examine eyes and prescribe glasses therefor, nor shall it apply to regularly
licensed physicians and surgeons.
Sections 148.52 to 148.62 also do not apply to the sale of spectacles,
used for reading and containing only simple lenses having a plus power of up to
and including 3.25, if no attempt is made to test the eyes. The term "simple lenses" does not
include bifocals. The seller shall
prominently display a sign on the counter or rack or other display device where
the spectacles are offered for sale that reads as follows: "If you have
experienced a vision loss, the selection of these glasses should not take the
place of an eye exam."
Subd.
4. License
required. It shall be unlawful for
any person to engage in the practice of optometry without first procuring and
filing for record a certificate of registration as a licensed optometrist
pursuant to this section a license from the state Board of Optometry.
Sec.
3. Minnesota Statutes 2006, section
148.57, is amended to read:
148.57 LICENSE.
Subdivision
1. Examination. (a) A person not authorized to practice
optometry in the state and desiring to do so shall apply to the director of
the state Board of Optometry and pay to the board by filling out
and swearing to an application for a license granted by the board and
accompanied by a fee in an amount set by the board of $87. The candidate desiring to apply to the
board shall complete a form furnished by the board. With the submission of the application form, the candidate
shall prove that the candidate:
(1) is
of good moral character;
(2)
has obtained a clinical doctorate degree from an optometry a
board-approved school requiring at least two academic years of
preprofessional training for admittance to the school and which has been approved
by the board or college of optometry, or is currently enrolled in
the final year of study at such a school an institution; and
(3) has
passed all parts of an examination.
(b)
The examination shall include both a written portion and a clinical practical
portion and shall thoroughly test the fitness of the candidate to practice in
this state. In regard to the written
and clinical practical examinations, the board may:
(1)
prepare, administer, and grade the examination itself;
(2)
recognize and approve in whole or in part an examination prepared, administered
and graded by a national board of examiners in optometry; or
(3)
administer a recognized and approved examination prepared and graded by or
under the direction of a national board of examiners in optometry.
(c)
The board shall issue a license to each applicant who satisfactorily passes the
examinations and fulfills the other requirements stated in this section and
section 148.575 for board certification for the use of legend drugs. Applicants for initial licensure do not need
to apply for or possess a certificate as referred to in sections 148.571 to
148.574. The applicant shall pay
to the board a fee as set by the board upon issuance of the license. In the event the candidate fails to pass a part
of the examination, upon the payment of an additional fee as set by the board,
the candidate may reapply to the Board of Optometry. The fees mentioned in this section are for the use of the
board and in no case shall be refunded.
Subd.
2. Reciprocity
Endorsement. A person
An optometrist who holds a certificate of registration, or current license, from another
state, and who has practiced in that state not less than three years in
that state immediately preceding application, may apply for
licensure in Minnesota by filling out and swearing to an application for
license by reciprocity form endorsement furnished by the board and
by filing that form with the board secretary along with a fee as set by the
board at least two weeks prior to the regular meeting at which the board is
considering such applications. The
completed application with all required documentation shall be filed at the
board office along with a fee of $87. The
application fee as set by the board shall be for the use of the board
and in no case shall be refunded. To
verify that the applicant possesses the knowledge and ability essential to the
practice of optometry in this state, the board may for good cause request
the applicant to perform a practical demonstration to its satisfaction. applicant
must provide evidence of:
(1)
having obtained a clinical doctorate degree from a board-approved school or
college of optometry;
(2)
successful completion of both written and practical examinations for licensure
in the applicant's original state of licensure that thoroughly tested the
fitness of the applicant to practice;
(3)
successful completion of an examination of Minnesota state optometry laws;
(4)
compliance with the requirements for board certification in section 148.575;
(5)
compliance with all continuing education required for license renewal in every
state in which the applicant currently holds an active license to practice; and
(6)
being in good standing with every state board from which a license has been
issued.
Documentation
from a national certification system or program, approved by the board, which
supports any of the listed requirements, may be used as evidence. The applicant may then be issued a license if the
requirements for registration or licensure in the other state are deemed
by the board to be equivalent to those of sections 148.52 to 148.62;
provided, that the other state accords like privileges to holders of
certificates from the Minnesota board.
Subd.
3. Revocation,
suspension. The board may revoke
the license or suspend or restrict the right to practice of any person who has
been convicted of any violation of sections 148.52 to 148.62 or of any other
criminal offense, or who violates any provision of sections 148.571 to 148.576
or who is found by the board to be incompetent or guilty of unprofessional
conduct. "Unprofessional conduct" means any conduct of a character
likely to deceive or defraud the public, including, among other things, free
examination advertising, the loaning of a license by any licensed optometrist
to any person; the employment of "cappers" or "steerers" to
obtain business; splitting or dividing a fee with any person; the obtaining of
any fee or compensation by fraud or misrepresentation; employing directly or
indirectly any suspended or unlicensed optometrist to perform any work covered
by sections 148.52 to 148.62; the advertising by any means of optometric
practice or treatment or advice in which untruthful, improbable, misleading, or
impossible statements are made. After
one year, upon application and proof that the disqualification has ceased, the
board may reinstate such person.
Subd.
4. Peddling
or canvassing forbidden. Every
licensed optometrist who shall temporarily practice optometry outside or away
from the regular registered place of business shall display the license and
deliver to each customer or person there fitted or supplied with glasses a
receipt or record which shall contain the signature, permanent registered place
of business or post office address, and number of license of the optometrist,
together with the amount charged therefor, but nothing contained in this
section shall be construed as to permit peddling or canvassing by licensed
optometrists.
Sec.
4. Minnesota Statutes 2006, section
148.571, is amended to read:
148.571 USE OF TOPICAL OCULAR DRUGS.
Subdivision
1. Authority. Subject to the provisions of sections 148.57,
subdivision 3, and 148.571 to 148.574, licensed optometrists who
are currently licensed on August 1, 2007, and are not board certified under
section 148.575 may possess a valid topical ocular drug certificate,
referred to in sections 148.571 to 148.574, allowing them to administer
topical ocular drugs to the anterior segment of the human eye during an eye
examination in the course of practice in their normal practice setting, solely
for the purposes of determining the refractive, muscular, or functional origin
of sources of visual discomfort or difficulty, and detecting abnormalities
which may be evidence of disease. Authority
granted under sections 148.571 to 148.574 is granted to optometrists who are
board certified under section 148.575.
Subd.
2. Drugs
specified. For purposes of sections
148.57, subdivision 3, and 148.571 to 148.574, "topical ocular
drugs" means:
(1)
commercially prepared topical anesthetics as follows: proparacaine HC1 0.5
percent, tetracaine HC1 0.5 percent, and benoxinate HC1 0.4 percent;
(2)
commercially prepared mydriatics as follows: phenylephrine HC1 in strength not
greater than 2.5 percent and hydroxyamphetamine HBr in strength not greater
than 1 percent; and
(3)
commercially prepared cycloplegics/mydriatics as follows: tropicamide in
strength not greater than 1 percent and cyclopentolate in strength not greater
than 1 percent.
Sec.
5. Minnesota Statutes 2006, section
148.573, subdivision 1, is amended to read:
Subdivision
1. Certificate
required. A licensed optometrist
shall not purchase, possess, or administer any topical ocular drugs
unless, after August 1, 1982, the optometrist has obtained a topical ocular
drug certificate from the Board of Optometry certifying that the
optometrist has complied with the following requirements: in
paragraphs (a) and (b).
(a)
Successful completion of 60 classroom hours of study in general and clinical
pharmacology as it relates to the practice of optometry, with particular
emphasis on the use of topical ocular drugs for examination purposes. At least 30 of the 60 classroom hours shall
be in ocular pharmacology and shall emphasize the systemic effects of and
reactions to topical ocular drugs, including the emergency management and
referral of any adverse reactions that may occur. The course of study shall be approved by the Board of Optometry,
and shall be offered by an institution which is accredited by a regional or professional
accreditation organization recognized or approved by the Council on
Postsecondary Education or the United States Department of Education or their
successors. The course shall be
completed prior to entering the examination required by this section;.
(b)
Successful completion of an examination approved by the Board of Optometry on
the subject of general and ocular pharmacology as it relates to optometry with
particular emphasis on the use of topical ocular drugs, including emergency
management and referral of any adverse reactions that may occur;.
(c)
Successful completion, after August 1, 1982, of a course in cardiopulmonary
resuscitation offered or approved by the Red Cross, American Heart Association,
an accredited hospital, or a comparable organization or institution; and
(d)
Establishment, after August 1, 1982, of an emergency plan for the management
and referral to appropriate medical services of patients who may experience
adverse drug reactions resulting from the application of topical ocular
drugs. The plan must be approved by the
Board of Optometry and shall, at least, require the optometrist to:
(1)
Refer patients who notify the optometrist of an adverse drug reaction to
appropriate medical specialists or facilities;
(2)
Routinely advise the patient to immediately contact the optometrist if the
patient experiences an adverse reaction;
(3)
Place in the patient's permanent record information describing any adverse drug
reaction experienced by the patient, and the date and time that any referral
was made; and
(4)
Include in the plan the names of at least three physicians, physician clinics,
or hospitals to whom the optometrist will refer patients who experience an
adverse drug reaction. At least one of
these physicians shall be skilled in the diagnosis and treatment of diseases of
the eye.
Sec.
6. Minnesota Statutes 2006, section
148.574, is amended to read:
148.574 PROHIBITIONS RELATING TO LEGEND
DRUGS; AUTHORIZING SALES BY PHARMACISTS UNDER CERTAIN CONDITIONS.
An
optometrist shall not purchase, possess, administer, prescribe or give any
legend drug as defined in section 151.01 or 152.02 to any person except as is
expressly authorized by sections 148.571 to 148.577. Nothing in chapter 151 shall prevent a pharmacist from selling topical
ocular drugs to an optometrist authorized to use such drugs according to
sections 148.571 to 148.577.
Notwithstanding sections 151.37 and 152.12, an optometrist is prohibited
from dispensing legend drugs at retail, unless the legend drug is within the
scope designated in section 148.576, subdivision 1, and is administered to the
eye through a contact lens that is intended to correct vision.
Sec.
7. Minnesota Statutes 2006, section
148.575, is amended to read:
148.575 CERTIFICATE REQUIRED FOR USE OF
TOPICAL LEGEND DRUGS.
Subdivision
1. Certificate
required for use of legend drugs. A
licensed optometrist must be board certified to use legend drugs for therapy
under section 148.576.
Subd.
2. Board
certified defined. "Board
certified" means that a licensed optometrist has been issued a certificate
by the Board of Optometry certifying that the optometrist has complied with the
following requirements for the use of legend drugs described in section
148.576:
(1)
successful completion of at least 60 hours of study in general and ocular
pharmacology emphasizing drugs used for examination or treatment purposes,
their systemic effects and management or referral of adverse reactions;
(2)
successful completion of at least 100 hours of study in the examination,
diagnosis, and treatment of conditions of the human eye with legend drugs;
(3)
successful completion of two years of supervised clinical experience in
differential diagnosis of eye disease or disorders as part of optometric
training or one year of that experience and ten years of actual clinical
experience as a licensed optometrist; and
(4)
successful completion of a nationally standardized examination approved or
administered by the board on the subject of treatment and management of
ocular disease prepared, administered, and graded by the International
Association of Boards of Examiners in Optometry or an equivalent national board
examination.
Subd.
3. Display
of certificate required. A
certificate issued under this section to a licensed optometrist by the
Board of Optometry supersedes any previously issued certificate limited to
topical ocular drugs described in sections 148.571 to 148.574 and must be
displayed in a prominent place in the licensed optometrist's office.
Subd.
4. Accreditation
of courses. The Board of Optometry
may approve courses of study in general or ocular pharmacology and examination,
diagnosis, and treatment of conditions of the human eye only if they are taught
by an institution that meets the following criteria:
(1)
the institution has facilities for both didactic and clinical instruction in
pharmacology and ocular disease treatment;
(2)
the institution certifies to the Board of Optometry that the course of
instruction is comparable in content to courses of instruction required by
other health-related licensing boards whose license holders or registrants are
permitted to administer pharmaceutical agents in their professional practice
for either diagnostic or therapeutic purposes or both; and
(3)
the institution is accredited by a regional or professional accrediting
organization recognized by the Council on Postsecondary Accreditation or the
United States Department of Education, Council for Higher Education
Accreditation or their successors its successor agency.
Subd.
5. Notice
to Board of Pharmacy. The Board of
Optometry shall notify the Board of Pharmacy of each licensed optometrist who
meets the certification requirements in this section.
Subd.
6. Board
certification required. Optometrists
who were licensed in this state prior to August 1, 2007, must have met the
board certification requirements under this section by August 1, 2012, in order
to renew their license.
Sec.
8. REPEALER.
(a)
Minnesota Rules, part 6500.2100, is repealed.
(b)
Minnesota Statutes 2006, section 148.573, subdivisions 2 and 3, are repealed."
Delete the title and insert:
"A bill for an act relating to occupations and
professions; changing provisions related to the practice of optometry; allowing
optometrists to dispense a legend drug at retail under certain conditions;
amending Minnesota Statutes 2006, sections 145.711, by adding a subdivision;
148.56; 148.57; 148.571; 148.573, subdivision 1; 148.574; 148.575; repealing
Minnesota Statutes 2006, section 148.573, subdivisions 2, 3; Minnesota Rules,
part 6500.2100."
The motion prevailed and the amendment was adopted.
S. F. No. 3780, A bill for an act relating to occupations and
professions; allowing optometrists to dispense a legend drug at retail under
certain conditions; amending Minnesota Statutes 2006, sections 145.711, by
adding a subdivision; 148.574.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 123 yeas and 7
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Erickson
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Olin
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Drazkowski
Emmer
Finstad
Norton
Olson
The bill was passed, as amended, and its title agreed to.
H. F. No. 3301 was reported to the House.
Kalin moved to amend H. F.
No. 3301, the second engrossment, as follows:
Delete everything after the
enacting clause and insert:
"Section 1. Minnesota Statutes 2006, section 161.3412,
subdivision 3, is amended to read:
Subd. 3. Restriction;
reports. (a) The number of
design-build contracts awarded by the commissioner in any fiscal year may not
exceed ten percent of the total number of transportation construction contracts
awarded by the commissioner in the previous fiscal year.
(b) The commissioner shall
notify the chairs of the senate and house of representatives committees with
jurisdiction over transportation policy and transportation finance each time
the commissioner decides to use the design-build method of procurement and.
The notification must explain why
that method was chosen, and provide the initial cost estimate, the expected
date of release for the RFP, and the expected stipulated fee.
(c) The commissioner shall
notify the chairs of the senate and house of representatives committees with
jurisdiction over transportation policy and transportation finance within three
days of any change to the cost estimate or to the stipulated fee of a
design-build project.
Sec. 2. Minnesota Statutes 2006, section 161.3420,
subdivision 2, is amended to read:
Subd. 2. Technical
Review Committee. During the
phase-one request for qualifications (RFQ) and before solicitation, the
commissioner shall appoint a Technical Review Committee of at least five
individuals. The Technical Review
Committee must include an individual whose name and qualifications are
submitted to the commissioner by the Minnesota chapter of the Associated
General Contractors, after consultation with other commercial contractor
associations in the state. Members of
the Technical Review Committee who are not state employees are subject to the
Minnesota Government Data Practices Act and section 16C.06 to the same extent
that state agencies are subject to those provisions. The commissioner shall pay reasonable compensation to
Technical Review Committee members who are not public employees for their
services. A minimum of one state
employee on the Technical Review Committee must be at the level of senior
administrative engineer or above. A
Technical Review Committee member may not participate in the review or
discussion of responses to an RFQ or request for proposals (RFP) when the
member has a financial interest in any of the design-build firms that respond
to that RFQ or RFP. "Financial interest" includes, but is not limited
to, being or serving as an owner, employee, partner, limited liability partner,
shareholder, joint venturer, family member, officer, or director of a
design-build firm responding to an RFQ or RFP for a specific project, or having
any other economic interest in that design-build firm. The members of the Technical Review
Committee must be treated as state employees in the event of litigation
resulting from any action arising out of their service on the committee.
Sec. 3. Minnesota Statutes 2006, section 161.3420,
subdivision 3, is amended to read:
Subd. 3. Contents. The commissioner shall prepare or have
prepared an RFQ. The RFQ must include
the following:
(1) the minimum
qualifications of design-builders necessary to meet the requirements for
acceptance;
(2) a scope of work
statement and schedule;
(3) documents defining the
project requirements;
(4) the form of contract to
be awarded;
(5) the weighted selection
criteria for compiling a short list and the number of firms to be included in
the short list, which must be at least two but not more than five;
(6) a description of the
request for proposals (RFP) requirements;
(7) the maximum time allowed
for design and construction;
(8) the commissioner's
estimated cost of design and construction;
(9) requirements for
construction experience, design experience, financial, personnel, and equipment
resources available from potential design-builders for the project and
experience in other design-build transportation projects or similar projects,
provided that these requirements may not unduly restrict competition; and
(10) a statement that
"past performance," or "experience,"
or other criteria used in the RFQ evaluation process does not include the
exercise or assertion of a person's legal rights.
Sec. 4. Minnesota Statutes 2006, section 161.3420,
subdivision 4, is amended to read:
Subd. 4. Evaluation. The selection team Technical
Review Committee shall evaluate the design-build qualifications of
responding firms and shall compile a short list of no more than five most
highly qualified firms in accordance with qualifications criteria described in
the request for qualifications (RFQ).
If only one design-build firm responds to the RFQ or remains on the
short list, the commissioner may readvertise or cancel the project as the
commissioner deems necessary.
Sec. 5. Minnesota Statutes 2006, section 161.3426,
subdivision 1, is amended to read:
Subdivision 1. Award;
computation; announcement. Except
as provided in subdivision 2, A design-build contract shall be awarded as
follows:
(a) The Technical Review
Committee shall score the technical proposals using the selection criteria in
the request for proposals (RFP). The
Technical Review Committee shall then submit a technical proposal score for
each design-builder to the commissioner.
The Technical Review Committee shall reject any proposal it deems
nonresponsive.
(b) The commissioner shall
announce the technical proposal score for each design-builder and shall
publicly open the sealed price proposals and shall divide each design-builder's
price by the technical score that the Technical Review Committee has given to
it to obtain an adjusted score. The
design-builder selected must be that responsive and responsible design-builder
whose adjusted score is the lowest.
(c) If a time factor is
included with the selection criteria in the RFP package, the commissioner may
also adjust the bids using a value of the time factor established by the
commissioner. The value of the time
factor must be expressed as a value per day.
The adjustment must be based on the total time value. The total time value is the design-builder's
total number of days to complete the project multiplied by the factor. The time-adjusted price is the total time
value plus the bid amount. This
adjustment must be used for selection purposes only, and must not affect the
Department of Transportation's liquidated damages schedule or incentive or
disincentive program. An adjusted score
must then be obtained by dividing each design-builder's time-adjusted price by
the score given by the technical review team.
The commissioner shall select the responsive and responsible
design-builder whose adjusted score is the lowest.
(d) Unless all proposals are
rejected, the commissioner shall award the contract to the responsive and
responsible design-builder with the lowest adjusted score. The commissioner shall reserve the right to
reject all proposals.
(e) The commissioner shall
not limit the ability of design-builders that have submitted proposals to
protest a contemplated or actual award by the commissioner by, among other
things, unreasonably restricting the time to protest, restricting the right to
seek judicial review of the commissioner's actions, attempting to change the
judicial standard of review, or attempting to shift the commissioner's costs or
damages from a protest to a protestor.
Unless all design-builders that have submitted proposals agree to
execution of a contract for the project without a waiting period beforehand,
the commissioner shall wait at least seven days after both the award of the project
and public disclosure of the Technical Review Committee's scoring data and the
successful proposal before executing a contract for the project.
Sec. 6. Minnesota Statutes 2006, section 161.3426,
subdivision 3, is amended to read:
Subd. 3. Stipulated
fee. The commissioner shall award a
stipulated fee not less than two-tenths of one percent of the department's
estimated cost of design and construction to each short-listed, responsible
proposer who provides a responsive but unsuccessful proposal. Any increases to the stipulated fee must
be made only by the commissioner and the reasons for those changes must be
publicly announced at the time of the change.
If the commissioner does not award a contract, all short-listed
proposers must receive the stipulated fee.
If the commissioner cancels the contract before reviewing the technical
proposals, the commissioner shall award each design-builder on the short list a
stipulated fee of not less than two-tenths of one percent of the commissioner's
estimated cost of design and construction.
The commissioner shall pay the stipulated fee to each proposer within 90
days after the award of the contract or the decision not to award a contract
without conditions other than those stated in this subdivision. In consideration for paying the stipulated
fee, the commissioner may use any ideas or information contained in the
proposals in connection with any contract awarded for the project or in
connection with a subsequent procurement, without any obligation to pay any additional
compensation to the unsuccessful proposers.
Notwithstanding the other provisions of this subdivision, an
unsuccessful short-list proposer may elect to waive the stipulated fee. If an unsuccessful short-list proposer
elects to waive the stipulated fee, the commissioner may not use ideas and
information contained in that proposer's proposal. Upon the request of the commissioner, a proposer who waived a
stipulated fee may withdraw the waiver, in which case the commissioner shall
pay the stipulated fee to the proposer and thereafter may use ideas and
information in the proposer's proposal.
Sec. 7. REPEALER.
Minnesota Statutes 2006,
section 161.3426, subdivision 2, is repealed."
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Magnus moved to amend H. F.
No. 3301, the second engrossment, as amended, as follows:
Page 4, after line 28,
insert:
"Sec. 7. REPORT
ON DESIGN-BUILD CHANGE IMPACTS.
The commissioner of
transportation shall submit a report by February 15, 2010, to the chairs and
ranking minority members of the senate and house of representatives committees
with jurisdiction over transportation finance and policy, on the impacts of
design-build changes. The report must
include, but is not limited to, an analysis of financial savings or costs to
the state due to design-build changes under this act; a summary of use and
effectiveness of the design-build process, including identification of concerns
raised with the process; and, any recommendations for legislative changes."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Gottwalt offered an amendment to H. F. No. 3301,
the second engrossment, as amended.
POINT
OF ORDER
Kalin raised a point of order pursuant to rule 3.21 that the
Gottwalt amendment was not in order.
Speaker pro tempore Juhnke ruled the point of order well taken and the
Gottwalt amendment out of order.
Thissen was excused between the hours of 3:05 p.m. and 8:55
p.m.
H. F. No. 3301, A bill for an act relating to transportation;
modifying provisions relating to design-build projects; requiring a report;
amending Minnesota Statutes 2006, sections 161.3412, subdivision 3; 161.3420,
subdivisions 2, 3, 4; 161.3426, subdivisions 1, 3; repealing Minnesota Statutes
2006, section 161.3426, subdivision 2.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 94 yeas and 36
nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Garofalo
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paulsen
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Thao
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gottwalt
Hamilton
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Paymar
Ruth
Seifert
Severson
Shimanski
Simpson
Solberg
Tingelstad
Wardlow
Zellers
The bill was passed, as amended, and its title agreed to.
There being no objection, the order of business reverted to
Reports of Standing Committees and Divisions.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
S. F.
No. 2492, A bill for an act relating to state government; appropriating money for
environment and natural resources; providing for repayment of certain
appropriations from the environment and natural resources trust fund; amending
Minnesota Statutes 2006, section 116P.10.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. MINNESOTA
RESOURCES APPROPRIATION.
The
sums shown in the columns marked "Appropriations" are appropriated to
the agencies and for the purposes specified in this act. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures
"2008" and "2009" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2008, or June 30, 2009, respectively. "The first year" is fiscal
year 2008. "The second year" is fiscal year 2009. "The
biennium" is fiscal years 2008 and 2009.
Appropriations for the fiscal year ending June 30, 2008, are effective
the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 2. MINNESOTA RESOURCES.
Subdivision 1. Total Appropriation $86,000 $22,866,000
Appropriations by Fund
2008 2009
Environment and Natural
Resources Trust -0- 22,866,000
Great Lakes Protection
Account 86,000 -0-
Appropriations are available
for two years beginning July 1, 2008, unless otherwise stated in the
appropriation. Any unencumbered balance
remaining in the first year does not cancel and is available for the second
year.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 2. Definitions
(a) "Trust fund"
means the Minnesota environment and natural resources trust fund referred to in
Minnesota Statutes, section 116P.02, subdivision 6.
(b) "Great Lakes
protection account" means the account referred to in Minnesota Statutes,
section 116Q.02.
Subd. 3. Land and Habitat -0- 15,817,000
Appropriations by Fund
Trust Fund -0- 15,817,000
(a) Metro Conservation
Corridors (MeCC) - Phase IV
$3,150,000 is from the trust
fund to the commissioner of natural resources for the fourth appropriation for
acceleration of agency programs and cooperative agreements. Of this appropriation, $1,915,000 is for
Department of Natural Resources agency programs and $1,235,000 is for
agreements as follows: $475,000 with
the Trust for Public Land; $92,000 with Friends of the Mississippi River;
$111,000 with Great River Greening; $225,000 with Minnesota Land Trust;
$225,000 with Minnesota Valley National Wildlife Refuge Trust, Inc.; and
$107,000 with Friends of the Minnesota Valley for the purposes of planning,
restoring, and protecting important natural areas in the metropolitan area, as
defined under Minnesota Statutes, section 473.121, subdivision 2, and portions
of the surrounding counties, through grants, contracted services, conservation
easements, and fee title acquisition.
Land acquired with this appropriation must be sufficiently improved to
meet at least minimum management standards as determined by the commissioner of
natural resources. Expenditures are
limited to the identified project corridor areas as defined in the work
program. This appropriation may not be
used for the purchase of residential structures, unless expressly approved in
the work program. All conservation
easements must be perpetual and have a natural resource management plan. Any land acquired in fee title by the
commissioner of natural resources with money from this appropriation must be
designated as an outdoor recreation unit under Minnesota Statutes, section
86A.07. The commissioner may similarly
designate any lands acquired in less than fee title. A list of proposed restorations and fee title and easement
acquisitions must be provided as part of the required work program. All funding for conservation easements must
include a long-term stewardship plan and funding for monitoring and enforcing
the agreement.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(b) Vermillion River
Corridor Acquisition and Restoration in Dakota County
$400,000 is from the trust
fund to the commissioner of natural resources for an agreement with Dakota
County to develop and implement a comprehensive and integrated water quality,
wildlife habitat, and outdoor recreational corridor plan in the Vermillion
River watershed through easement and fee title acquisition and
restoration. At least 90 percent of
this appropriation must be spent on the implementation of the comprehensive
plan. A list of proposed restorations
and fee title and easement acquisitions must be provided as part of the
required work program. All funding for
conservation easements must include a long-term stewardship plan and funding
for monitoring and enforcing the agreement.
This appropriation is available until June 30, 2011, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program. On
January 2, 2009, the unobligated balance of the appropriation for Dakota County
wildlife habitat acquisition and development in Laws 1999, chapter 231, section
16, subdivision 13, paragraph (m), is transferred and added to this
appropriation.
(c) Minnesota Habitat
Conservation Partnership - Phase V
$3,150,000 is from the trust
fund for the fifth appropriation for acceleration of agency programs and
cooperative agreements. Of this
appropriation, $250,000 is to the Board of Water and Soil Resources; $733,500
is to the commissioner of natural resources for agency programs; and $2,166,500
is for agreements as follows: $420,000
with Pheasants Forever; $30,000 with Minnesota Deer Hunters Association;
$597,500 with Ducks Unlimited, Inc.; $85,000 with National Wild Turkey
Federation; $317,000 with the Nature Conservancy; $210,000 with Minnesota Land
Trust; $350,000 with the Trust for Public Land; $50,000 with Minnesota Valley
National Wildlife Refuge Trust, Inc.; $30,000 with U.S. Fish and Wildlife
Service; $30,000 with the Leech Lake Band of Chippewa; $27,000 with the Fond du
Lac Band of Chippewa; and $20,000 with Friends of Detroit Lakes Watershed
Management District to plan, restore, and acquire fragmented landscape
corridors that connect areas of quality habitat to sustain fish, wildlife, and
plants. The USDA-Natural Resources Conservation
Service is a cooperating partner in the appropriation. Expenditures are limited to the project
corridor areas as defined in the work program.
Land acquired with this appropriation must be sufficiently improved to
meet at least minimum habitat and facility management
standards as determined by the
commissioner of
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
natural resources. This appropriation may not be used for the
purchase of residential structures, unless expressly approved in the work
program. All conservation easements
must be perpetual and have a natural resource management plan. Any land acquired in fee title by the
commissioner of natural resources with money from this appropriation must be
designated as an outdoor recreation unit under Minnesota Statutes, section
86A.07. The commissioner may similarly
designate any lands acquired in less than fee title. A list of proposed restorations and fee title and easement
acquisitions must be provided as part of the required work program. All funding for conservation easements must
include a long-term stewardship plan and funding for monitoring and enforcing
the agreement.
(d) Preserving the Avon
Hills Landscape
$337,000 is from the trust
fund to the commissioner of natural resources for a grant to Saint John's
Arboretum and University for community outreach, in cooperation with the
Minnesota Land Trust; conservation easements, in cooperation with the Minnesota
Land Trust; and local ordinance reviews and recommendations for the Avon Hills
landscape in Stearns County. A list of
proposed fee title and easement acquisitions must be provided as part of the
required work program. All funding for
conservation easements must include a long-term stewardship plan and appropriate
funding for monitoring. This
appropriation is available until June 30, 2011, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(e) Minnesota River Valley
Green Corridor Land Protection
$1,000,000 is from the trust
fund to the commissioner of natural resources for an agreement with the
Southwest Initiative Foundation for planning, acquisition, and easements in the
Minnesota River Valley. The priority
for acquisition must be on lands with native prairies, unique geological
features, fens, and wetlands not currently under a permanent protection
program. A list of proposed
restorations and fee title and easement acquisitions must be provided as part
of the required work program. All
funding for conservation easements must include a long-term stewardship plan
and funding for monitoring and enforcing the agreement. No more than ten percent may be spent on
planning and management.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(f) Scientific and Natural
Area Acquisition
$1,000,000 is from the trust
fund to the commissioner of natural resources for acquisition of scientific and
natural areas in the southern two-thirds of Minnesota. A list of proposed acquisitions must be
provided as part of the required work program.
(g) State Land Acquisition
Consolidation
$500,000 is from the trust
fund to the commissioner of natural resources to consolidate state land
ownership through acquisition and sale to reduce forest fragmentation and
enhance management efficiency. A list
of proposed fee title and easement acquisitions must be provided as part of the
required work program. All funding for
conservation easements must include a long-term stewardship plan and funding
for monitoring and enforcing the agreement.
Minnesota Statutes, sections 94.16 and 94.165, apply to the proceeds
from the sale of land. For this
appropriation, the Department of Natural Resources must establish a separate
revolving account under Minnesota Statutes, section 94.165, for the use and
accounting of trust fund money. This
appropriation is available until June 30, 2011, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(h) State Park and Trail
Land Acquisition
$1,500,000 is from the trust
fund to the commissioner of natural resources to acquire land for designated
state trail alignments and in-holdings for state parks. Land acquired with this appropriation must
be sufficiently improved to meet at least minimum management standards as
determined by the commissioner of natural resources. A list of proposed acquisitions must be provided as part of the
required work program.
(i) Metropolitan Regional Park
System Land Acquisition
$1,500,000 is from the trust
fund to the Metropolitan Council for subgrants for the acquisition of lands
within the approved park unit boundaries of the metropolitan regional park
system. This appropriation may not be
used for the purchase of residential structures. Subdivision 12 applies to grants awarded in the approved work
program. A list of proposed fee title
and easement acquisitions must be provided as part of the required work
program. All funding for conservation
easements must include a long-term stewardship plan and funding for monitoring and
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
enforcing the
agreement. This appropriation must be
matched by at least 40 percent of nonstate money and must be committed by
December 31, 2008, or the appropriation cancels. This appropriation is available until June 30, 2011, at which
time the project must be completed and final products delivered, unless an earlier
date is specified in the work program.
(j) Local Initiative Grants
- Regional Parks and Natural Areas
$1,000,000 is from the trust
fund to the commissioner of natural resources for a grant to Wright County for
land acquisition for a proposed regional park on the Bertram Chain of Lakes in
Wright County. If the acquisition for a
proposed regional park on the Bertram Chain of Lakes is not completed by June
30, 2010, then the appropriation is available for matching grants to other
local governments for acquisition of regional parks and natural and scenic
areas as provided in Minnesota Statutes, section 85.019, subdivisions 2,
paragraph (b), and 4a. This
appropriation is available until June 30, 2011, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(k) Conservation Partners/Environmental
Partnerships Matching Grant Program
$150,000 is from the trust
fund to the commissioner of natural resources to provide matching grants to
local governments and private, nonprofit organizations for projects that
enhance fish, wildlife, and native plant habitat, provide related research or
surveys, and protect and enhance the state's natural environment.
(l) County Trail System
Design
$175,000 is from the trust
fund to the Board of Regents of the University of Minnesota to design
recreational trail systems for Lyon, Brown, Redwood, and Renville Counties.
(m) Accelerated Prairie
Management, Survey, Acquisition, and Evaluation
$1,250,000 is from the trust
fund to the commissioner of natural resources to provide for a rapid assessment
of remaining native prairie, accelerate the Minnesota county biological survey
in the prairie region, provide technical assistance to private prairie landowners, accelerate management of public and private prairie
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
lands, evaluate and monitor
prairie conditions and associated wildlife, and acquire prairie natural areas,
prairie bank easements, and buffers. At
least $475,000 of this appropriation must be spent on acquisition. A list of proposed restorations and fee
title and easement acquisitions must be provided as part of the required work
program. All funding for conservation
easements must include a long-term stewardship plan and funding for monitoring
and enforcing the agreement.
(n) Prairie Ecosystem
Restoration
$80,000 is from the trust
fund to the Board of Water and Soil Resources for an agreement with the Martin
County Soil and Water Conservation District to collect and propagate local
ecotype native plant materials from prairie remnants for establishment on lands
with perpetual conservation protection in Martin County. If the Martin County Soil and Water
Conservation District sells seeds or plants that were collected or propagated
using money from this appropriation, the net proceeds of the sale must be
repaid to the trust fund.
(o) Best Practices for
Native Prairie Management
$45,000 is from the trust
fund to the commissioner of natural resources for an agreement with the
Minnesota Recreation and Park Association to provide information on best
practices for native prairie management through field demonstrations, regional
workshops, and the Web.
(p) Impacts of Climate
Change and CO2 on Prairie and Forest Production
$330,000 is from the trust
fund to the Board of Regents of the University of Minnesota to accelerate
research simulating future changing CO2, rainfall, and temperature
level impacts on biomass production, carbon sequestration, and water quality in
prairie and tree species. This
appropriation is available until June 30, 2011, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(q) Biofuel Production and
Wildlife Conservation in Working Prairies
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$250,000 is from the trust
fund to the Board of Regents of the University of Minnesota to research and
evaluate methods of managing diverse working prairies for wildlife and
renewable bioenergy production. On June
1, 2008, the $500,000 appropriation for the Phillips biomass community energy
system under Laws 2006, chapter 243, section 20, subdivision 3, is transferred
and added to this appropriation. This
appropriation is available until June 30, 2011, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
Subd. 4. Water Resources 86,000 3,480,000
Appropriations by Fund
Trust Fund -0- 3,480,000
Great Lakes Protection
Account 86,000 -0-
(a) Future of Energy and
Minnesota Water Resources
$270,000 is from the trust
fund to the Board of Regents of the University of Minnesota to spatially model
water demand in Minnesota under differing energy production scenarios and
develop a Web-based tool for comparing policy scenarios impacts on water
resources in the state.
(b) Accelerating Plans for
Integrated Control of the Common Carp
$550,000 is from the trust
fund to the Board of Regents of the University of Minnesota to accelerate
research on new approaches to control the invasive common carp. This appropriation is available until June
30, 2011, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(c) Testing Pesticides and
Degradates in Public Drinking Water
$368,000 is from the trust
fund to the commissioner of agriculture, in cooperation with the commissioner
of health, to purchase equipment and supplies to accelerate the sampling of
public water supplies for the presence and concentration of pesticides and
their degradates for health risk assessments.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(d)
Assessment of Riparian Buffers in the Whitewater River Watershed
$52,000 is from the trust
fund to the Board of Water and Soil Resources for an agreement with the
Whitewater Joint Powers Board to inventory streams and adjacent land use and
survey riparian landowners to assist in the prioritization of restoration
efforts to improve water quality, habitat, and future enforcement of riparian
buffers in the southeast ten-county region of the Southeast Minnesota Water
Resources Board.
(e) Intralake Zoning to
Protect Sensitive Lakeshore Areas
$125,000 is from the trust
fund to the commissioner of natural resources for the second appropriation for
a cooperative effort with Cass County to identify sensitive shorelines for the
highest priority lakes and develop innovative zoning in Cass County to protect
water quality and near-shore habitat.
This appropriation is available until June 30, 2011, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(f) Native Shoreland Buffer
Incentives Program
$225,000 is from the trust
fund to the commissioner of natural resources to accelerate the native
shoreland buffer incentive program through market research, technical
assistance, and competitive grants to local governments for creating and
implementing shoreland buffer incentive programs. Grant recipients must have current shoreline management
requirements and effective enforcement.
This appropriation is available until June 30, 2011, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(g) Southeast Minnesota
Stream Restoration Projects
$240,000 is from the trust
fund to the commissioner of natural resources for an agreement with Trout
Unlimited to accelerate stream bank stabilization projects on at least six
miles of streams through restoration, providing technical assistance, and
conducting workshops. This
appropriation is available until June 30, 2011, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(h) South-Central Minnesota
Groundwater Monitoring and County Geologic Atlases
$1,600,000 is from the trust
fund for collection and interpretation of subsurface geological information and
acceleration of the county geologic atlas program. $706,000 of this
appropriation is to the Board of Regents of the University of Minnesota for the
Geological Survey to begin county geologic atlases in three counties. $894,000
of this appropriation is to the commissioner of natural resources to
investigate the physical and recharge characteristics of the Mt. Simon
aquifer. This appropriation represents
a continuing effort to complete the county geologic atlases throughout the
state. This appropriation is available
until June 30, 2011, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.
(i) Lake Superior Research
$86,000 is from the Great
Lakes protection account to the Board of Regents of the University of Minnesota
for the Large Lakes Observatory for research on Lake Superior waters. This appropriation is added to Laws 2006,
chapter 243, section 20, subdivision 6, Lake Superior research. This appropriation is effective the day
following final enactment and is available until June 30, 2011, at which time
the project must be completed and final products delivered, unless an earlier
date is specified in the work program.
(j) Eurasian Water Milfoil
Control Research
$50,000 is from the trust
fund to the Board of Regents of the University of Minnesota to accelerate
research on new approaches to control Eurasian water milfoil to be tested on
Green Lake in Kandiyohi County. Up to
$50,000 in additional funds from nonstate sources may be used for this
study. This appropriation is available
until June 30, 2011, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.
Subd. 5. Natural Resource Information -0- 2,365,000
Appropriations by Fund
Trust Fund -0- 2,365,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(a) Updating the National
Wetlands Inventory for Minnesota
$550,000 is from the trust
fund to the commissioner of natural resources to begin updating the National
Wetlands Inventory through standards development, mapping, training, and
imagery acquisition. This is the first
phase of an overall effort to update the inventory statewide. This appropriation is available until June
30, 2011, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(b) Soil Survey
$400,000 is from the trust
fund to the Board of Water and Soil Resources for soil survey mapping and
interpretation efforts in areas of the state, including Crow Wing, Pine, Cook,
Lake, and Isanti Counties, and to accelerate the delivery of soils data through
the Internet as a Web-based soil survey.
The new soil surveys must be done on a cost-share basis with local and
federal funds.
(c) Updating Precipitation
Intensities for Runoff Estimation and Infrastructure Designs
$100,000 is from the trust
fund to the commissioner of the Pollution Control Agency for a cooperative
agreement with the National Oceanic and Atmospheric Administration to partially
fund a multistate effort to obtain updated climate change related rainfall
frequencies to enhance engineering of storm water conveyance and treatment
systems and roads. The acquired data
shall be distributed free of charge.
This appropriation is available until June 30, 2011, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(d) Minnesota Breeding Bird
Atlas
$270,000 is from the trust
fund to develop a statewide survey of Minnesota breeding bird distribution and
create related publications, including a book and online atlas with distribution
maps and breeding status. Of this
appropriation, $169,000 is to the commissioner of natural resources for an
agreement with Audubon Minnesota and $101,000 is to the Board of Regents of the
University of Minnesota for the Natural Resources Research Institute. The atlas must be available for downloading
on the Internet free of charge.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(e) Restorable Wetlands
Inventory
$245,000 is from the trust
fund to the commissioner of natural resources for an agreement with Ducks
Unlimited, Inc., to continue the inventory, mapping, and digitizing of drained
restorable wetlands in the southwest prairie region of Minnesota. This appropriation is available until June
30, 2011, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(f) Wildlife Disease Data
Surveillance and Analysis
$100,000 is from the trust
fund to the Board of Regents of the University of Minnesota for the Raptor
Center to develop a GIS-based database that catalogs symptoms and conditions
observed in injured wildlife.
(g)
Conservation Easement Stewardship, Oversight, and Maintenance
$180,000 is from the trust
fund to the Board of Water and Soil Resources to enhance long-term stewardship,
oversight, and maintenance of conservation easements held by the board and to
update the current easement database.
This effort must be done in cooperation with the Department of Natural
Resources. This appropriation is
available until June 30, 2011, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.
(h) Conservation Easement
Stewardship and Enforcement Program Plan
$520,000 is from the trust
fund to the commissioner of natural resources to inventory and digitize the
department's conservation easements and prepare a plan for monitoring,
stewardship, and enforcement. This
effort must be done in cooperation with the Board of Water and Soil
Resources. This appropriation is
available until June 30, 2011, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.
Subd. 6. Environmental Education -0- 1,099,000
Appropriations by Fund
Trust Fund -0- 1,099,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(a) Waters of Minnesota
Documentary on Watersheds
$349,000 is from the trust
fund to the Board of Regents of the University of Minnesota for the Bell Museum
of Natural History to begin the development of an educational documentary
television series on the waters of Minnesota designed to promote watershed
understanding and citizen action in protecting, restoring, and conserving water
resources. This appropriation is
available until June 30, 2011, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.
(b) Global Warming -
Reducing Carbon Footprint of Minnesota Schools
$750,000 is from the trust
fund to the commissioner of the Pollution Control Agency to provide
student-focused grants to high schools, colleges, and universities to identify
their carbon footprints and develop and implement innovative plans to reduce
carbon emissions. This appropriation is
available until June 30, 2011, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.
Subd. 7. Emerging Issues Account -0- 105,000
$105,000 is from the trust
fund for an emerging issues account as authorized under Minnesota Statutes,
section 116P.08, subdivision 4, paragraph (d).
Subd. 8. Availability of Appropriations
Unless otherwise provided,
the amounts in this section are available until June 30, 2010, when projects
must be completed and final products delivered. For acquisition of real property, the amounts in this section are
available until June 30, 2011, if a binding contract is entered into by June
30, 2010, and closed not later than June 30, 2011. The time period for the amounts available in this section may be
extended by up to one year through an approved work program. If a project receives a federal grant, the
time period of the appropriation is extended to equal the federal grant period.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 9. Leveraged Funds for Real Property
Interest Requirement
The work program for every
appropriation under this section for acquisition of a real property interest
shall identify nonstate leveraged funds and a plan for expenditure of funds to
maximize the benefit of the trust fund allocation. Any work program that proposes materially less leverage than the
proposal shall be brought to the Legislative-Citizen Commission on Minnesota
Resources for review and approval or disapproval. The final report of each project shall identify all leverage
obtained. Leveraged funds shall be
spent concurrently with trust fund appropriations to the extent possible.
Subd. 10. Data Availability Requirements
Data collected by the
projects funded under this section that have value for planning and management
of natural resource, emergency preparedness, and infrastructure investments
must conform to the enterprise information architecture developed by the Office
of Enterprise Technology. Spatial data
must conform to geographic information system guidelines and standards outlined
in that architecture and adopted by the Minnesota Geographic Data Clearinghouse
at the Land Management Information Center.
A description of these data that adheres to the Office of Enterprise
Technology geographic metadata standards must be submitted to the Land
Management Information Center to be made available online through the
clearinghouse and the data must be accessible and free to the public unless
made private under the Data Practices Act, Minnesota Statutes, chapter 13.
To the extent practicable,
summary data and results of projects funded under this section should be
readily accessible on the Internet and identified as an environment and natural
resources trust fund project.
Subd. 11. Project Requirements
As a condition of accepting
an appropriation in this section, any agency or entity receiving the
appropriation must, for any project funded in whole or in part with funds from
this appropriation:
(1) comply with Minnesota
Statutes, chapter 116P;
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(2) plant vegetation only of
native ecotypes to Minnesota and preferably of the local ecotype using a high
diversity of species grown as close to the restoration site as possible;
(3) when restoring prairies:
(i) the seeds and plant
materials must originate in the same county as the restoration site or within
25 miles of the county border, but not across the boundary of an ecotype
region. Ecotype regions are defined by
the Department of Natural Resources map, "Minnesota Ecotype Regions Map -
County Landscape Groupings Based on Ecological Subsections," dated
February 15, 2007;
(ii) if seeds and plant
material described in item (i) are not available, then the restoration must use
seeds and plant materials from within the same ecotype region; or
(iii) if seeds and plant
material described in item (i) or (ii) are not available, then the restoration
must use seeds and plant material from within the same ecotype region or within
25 miles of the ecotype region boundary.
Use of seeds and plant
materials from beyond the geographic areas described in this clause must be
expressly approved in the work program;
(4) provide that all
conservation easements:
(i) are perpetual;
(ii) specify the parties to
an easement in the easement;
(iii) specify all of the
provisions of an agreement that are perpetual;
(iv) are sent to the commission
office in an electronic format; and
(v) include a long-term
stewardship plan and funding for monitoring and enforcing the easement
agreement;
(5) give priority in any
acquisition of land or interest in land to high quality natural resources or conservation
lands that provide natural buffers to water resources; and
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(6) provide documentation to
the Legislative-Citizen Commission on Minnesota Resources of the selection
process used to identify parcels acquired and provide documentation of all
related transaction costs, including but not limited to appraisals, legal fees,
recording fees, commissions, other similar costs, and donations. This information must be provided for all parties
involved in the transaction. The
recipient shall also report to the Legislative-Citizen Commission on Minnesota
Resources any difference between the acquisition amount paid to the seller and
the state certified or state reviewed appraisal. Appropriate data such as appraisals may remain private
during negotiations but must ultimately be made public according to
Minnesota Statutes, chapter 13.
Subd. 12. Payment Conditions and Capital Equipment
Expenditures
All agreements, grants, or
contracts referred to in this section must be administered on a reimbursement
basis unless otherwise provided in this section. Notwithstanding Minnesota Statutes, section 16A.41, expenditures
made on or after July 1, 2008, or the date the work program is approved, whichever
is later, are eligible for reimbursement unless otherwise provided in this
section. Periodic payment must be made
upon receiving documentation that the deliverable items articulated in the
approved work program have been achieved, including partial achievements as
evidenced by approved progress reports.
Reasonable amounts may be advanced to projects to accommodate cash flow
needs or match federal money. The
advances must be approved as part of the work program. No expenditures for capital equipment are
allowed unless expressly authorized in the project work program.
Subd. 13. Purchase of Recycled and Recyclable
Materials
A political subdivision,
public or private corporation, or other entity that receives an appropriation
in this section must use the appropriation in compliance with Minnesota
Statutes, sections 16B.121 and 16B.122, requiring the purchase of recycled,
repairable, and durable materials; the purchase of uncoated paper stock; and
the use of soy-based ink.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 14. Energy Conservation and Sustainable
Building Guidelines
A recipient to whom an
appropriation is made in this section for a capital improvement project shall
ensure that the project complies with the applicable energy conservation and
sustainable building guidelines and standards contained in law, including
Minnesota Statutes, sections 16B.325, 216C.19, and 216C.20, and rules adopted
thereunder. The recipient may use the
energy planning, advocacy, and State Energy Office units of the Department of
Commerce to obtain information and technical assistance on energy conservation
and alternative energy development relating to the planning and construction of
the capital improvement project.
Subd. 15. Accessibility
Structural and nonstructural
facilities must meet the design standards in the Americans with Disability Act
(ADA) accessibility guidelines.
Subd. 16. Carryforward
(a) The availability of the
appropriations for the following projects are extended to June 30, 2009:
(1) Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 6, paragraph (h), as
extended by Laws 2007, chapter 57, article 1, section 4, subdivision 6, Paul
Bunyan State Trail connection; and
(2) Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 7, paragraph (j),
improving impaired watersheds conservation drainage research.
(b) The availability of the
appropriations for the following projects are extended to June 30, 2010:
(1) Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 6, paragraph (e),
metropolitan regional parks acquisition, rehabilitation, and development;
(2) Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 6, paragraph (p), land
acquisition, Minnesota Landscape Arboretum;
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(3) Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 7, paragraph (i),
improving water quality on the central sands; and
(4) Laws 2003, chapter 128,
article 1, section 9, subdivision 6, paragraph (l), as amended by Laws 2005,
First Special Session chapter 1, article 2, section 150, as extended by Laws
2006, chapter 243, section 16, land acquisition, Minnesota Landscape Arboretum.
Sec. 3. Minnesota Statutes 2006, section 116P.10, is
amended to read:
116P.10 ROYALTIES, COPYRIGHTS, PATENTS, AND SALE OF PRODUCTS AND
ASSETS.
(a) This section applies to
projects supported by the trust fund and the oil overcharge money referred to
in section 4.071, subdivision 2, each of which is referred to in this section
as a "fund."
(b) The fund owns and shall take
title to the percentage of a royalty, copyright, or patent resulting from a
project supported by the fund equal to the percentage of the project's total
funding provided by the fund. Cash
receipts resulting from a royalty, copyright, or patent, or the sale of the
fund's rights to a royalty, copyright, or patent, must be credited immediately
to the principal of the fund. Receipts
from Minnesota future resources fund projects must be credited to the trust
fund. Before a project is included
in the budget plan, The commission may vote include in its annual
legislative bill a recommendation to relinquish the ownership or rights to
a royalty, copyright, or patent resulting from a project supported by the fund
to the project's proposer when the amount of the original grant or loan, plus
interest, has been repaid to the fund.
(c) If a project supported
by the fund results in net income from the sale of products or assets developed
or acquired by an appropriation from the fund, the appropriation must be repaid
to the fund in an amount equal to the percentage of the project's total funding
provided by the fund. The commission
may include in its annual legislative bill a recommendation to relinquish the
income if a plan is approved for reinvestment of the income in the project or
when the amount of the original grant or loan, plus interest, has been repaid
to the fund."
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.
The following Conference Committee Report was received:
CONFERENCE
COMMITTEE REPORT ON H. F. NO. 3800
A bill for an act relating to transportation; modifying or
adding provisions relating to highways, motor vehicles, traffic regulations,
drivers' licenses and records, transit, railroads, motor carriers, and other
transportation-related programs or activities; imposing penalties; requiring
reports; making technical and clarifying corrections; amending
Minnesota Statutes 2006,
sections 86B.825, subdivision 5; 123B.88, subdivision 3; 161.081, subdivision
3, as amended, by adding subdivisions; 168.011, subdivision 7; 168.012,
subdivision 1; 168.021, subdivisions 1, 2; 168.09, subdivision 7; 168.185;
168A.03, subdivision 1; 168A.05, subdivision 9; 168B.051, subdivision 2;
168B.06, subdivisions 1, 3; 168B.07, by adding subdivisions; 168B.08, subdivision
1; 168B.087, subdivision 1; 169.01, subdivisions 55, 76, by adding
subdivisions; 169.18, subdivisions 1, 5, by adding a subdivision; 169.224;
169.67, subdivision 3; 169.781, subdivisions 1, 2, 5; 169.79; 169.801; 169.82,
subdivision 3; 169.826, subdivision 1a; 169.85, subdivision 1; 169.86, by
adding a subdivision; 169A.03, subdivision 23; 171.01, subdivisions 35, 46;
171.02, by adding a subdivision; 171.03; 171.055, subdivisions 1, 2; 171.0701;
171.12, subdivision 6; 171.13, by adding a subdivision; 171.165, subdivision 2;
171.321, subdivision 1; 174.02, subdivision 2; 174.03, subdivision 1; 174.24,
by adding a subdivision; 221.011, by adding a subdivision; 221.031, subdivision
1; 221.036, subdivisions 1, 3; 221.121, subdivisions 1, 6a; 221.151, subdivision
1; 299D.03, subdivision 1; 299D.06; 473.1465, by adding a subdivision; 473.388,
subdivision 2; 473.399, by adding a subdivision; Minnesota Statutes 2007
Supplement, sections 168.017, subdivision 3; 169.443, subdivision 9; 171.02,
subdivision 2; Laws 2002, chapter 393, section 85; Laws 2008, chapter 152,
article 2, sections 1; 3, subdivision 2; article 3, sections 6; 8; article 6,
section 7; proposing coding for new law in Minnesota Statutes, chapters 123B;
169; 171; 174; 219; repealing Minnesota Statutes 2006, sections 168B.087,
subdivision 2; 169.145; 221.121, subdivision 4.
May
15, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 3800 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No.
3800 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE
1
TRANSPORTATION
POLICY
Section
1. Minnesota Statutes 2006, section
86B.825, subdivision 5, is amended to read:
Subd.
5. No
legal title without certificate. A
person acquiring a watercraft, required to have a certificate of title under
this section, through a sale or gift does not acquire a right, title,
claim, or interest in the watercraft until the person has been issued a
certificate of title to the watercraft or has received a manufacturer's or
importer's certificate. A waiver or
estoppel does not operate in favor of that person against another person who
has obtained possession of the certificate of title or manufacturer's or
importer's certificate for the watercraft for valuable consideration.
Sec.
2. Minnesota Statutes 2006, section 161.14,
is amended by adding a subdivision to read:
Subd.
61. Mayor
William "Bill" Sandberg Memorial Bridge. The bridge over Margaret Street on marked
Trunk Highway 36 in North St. Paul is designated the "Mayor William
"Bill" Sandberg Memorial Bridge." The commissioner of
transportation shall adopt a suitable design to mark this highway and erect
appropriate signs, subject to section 161.139.
Sec.
3. Minnesota Statutes 2006, section
162.02, is amended by adding a subdivision to read:
Subd.
3b. Insurance
standards. When reviewing
data and information for the development of safety improvements for trunk
highways and state-aid projects, the commissioner of transportation may
consider, among other things, the Insurance Institute for Highway Safety's
findings in addition to standards contained in Department of Transportation
manuals, American Association of State Highway and Transportation Officials
manual on design of highways and streets, and other applicable federal
publications.
Sec.
4. Minnesota Statutes 2006, section
163.051, subdivision 1, is amended to read:
Subdivision
1. Tax
authorized. (a) Except as
provided in paragraph (b), the board of commissioners of each metropolitan
county is authorized to levy a wheelage tax of $5 for the year 1972 and each
subsequent year thereafter by resolution on each motor vehicle, except
motorcycles as defined in section 169.01, subdivision 4, which that is
kept in such county when not in operation and which that is
subject to annual registration and taxation under chapter 168. The board may provide by resolution for
collection of the wheelage tax by county officials or it may request that the
tax be collected by the state registrar of motor vehicles, and the state
registrar of motor vehicles shall collect such tax on behalf of the county if
requested, as provided in subdivision 2.
(b)
The following vehicles are exempt from the wheelage tax:
(1)
motorcycles, as defined in section 169.01, subdivision 4;
(2)
motorized bicycles, as defined in section 169.01, subdivision 4a;
(3)
electric-assisted bicycles, as defined in section 169.01, subdivision 4b; and
(4)
motorized foot scooters, as defined in section 169.01, subdivision 4c.
Sec.
5. Minnesota Statutes 2006, section
168.011, subdivision 7, is amended to read:
Subd.
7. Passenger
automobile. (a) "Passenger
automobile" means any motor vehicle designed and used for carrying not
more than 15 individuals, including the driver.
(b)
"Passenger automobile" does not include motorcycles, motor scooters,
buses, school buses, or commuter vans as defined in section 168.126. Except as provided in paragraph (c),
clause (1), a vehicle with a gross vehicle weight rating of 9,000 to 13,000
pounds that is a pickup truck or a van is not a passenger automobile.
(c)
"Passenger automobile" includes, but is not limited to:
(1) pickup
trucks and vans, including those vans designed to carry passengers, with a
manufacturer's nominal rated carrying capacity of one ton a vehicle that
is: (i) a pickup truck or a van; (ii)
not used in furtherance of a commercial enterprise; and (iii) not subject to
state or federal regulation as a commercial motor vehicle; and
(2)
neighborhood electric vehicles, as defined in section 169.01, subdivision 91;
and
(3)
medium-speed electric vehicles, as defined in section 169.01, subdivision 94.
EFFECTIVE DATE. Paragraph (b) and paragraph (c), clause (1), are effective the
day following final enactment and apply to any additional tax for a
registration period that starts on or after March 1, 2011.
Sec.
6. Minnesota Statutes 2006, section
168.011, subdivision 22, is amended to read:
Subd.
22. Special mobile equipment. (a)
"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 except
vehicles described in paragraph (b).
Special mobile equipment includes, but is not limited
to: ditch-digging apparatuses, moving
dollies, pump hoists and other water well-drilling equipment registered and
licensed under chapter 103I, street-sweeping vehicles, and other road
construction or road maintenance machinery such as asphalt spreaders,
bituminous mixers, bucket loaders, tractors other than truck-tractors,
ditchers, leveling graders, finishing machines, motor graders, road rollers,
scarifiers, aggregate processing and conveying equipment,
truck-mounted log loaders, earth-moving carryalls, scrapers, power shovels,
draglines, self-propelled cranes, and earth-moving equipment that are
used exclusively for commercial logging, and self-propelled cranes. The term
(b)
"Special mobile equipment" does not include travel trailers,: (1) machinery that has been temporarily or
permanently mounted on a commercial motor vehicle chassis that is used only to
provide a service and is not able to haul goods for resale; or (2) 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.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to any additional tax for a registration period that starts on or
after March 1, 2009.
Sec.
7. Minnesota Statutes 2006, section
168.012, subdivision 1, is amended to read:
Subdivision
1. Vehicles
exempt from tax, fees, or plate display.
(a) The following vehicles are exempt from the provisions of this
chapter requiring payment of tax and registration fees, except as provided in
subdivision 1c:
(1)
vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;
(2)
vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;
(3)
vehicles used solely in driver education programs at nonpublic high schools;
(4)
vehicles owned by nonprofit charities and used exclusively to transport
disabled persons for charitable, religious, or educational purposes;
(5)
vehicles owned by nonprofit charities and used exclusively for disaster
response and related activities;
(6)
ambulances
owned by ambulance services licensed under section 144E.10, the general
appearance of which is unmistakable; and
(6) (7) vehicles owned
by a commercial driving school licensed under section 171.34, or an employee of
a commercial driving school licensed under section 171.34, and the vehicle is
used exclusively for driver education and training.
(b)
Vehicles owned by the federal government, municipal fire apparatuses including
fire-suppression support vehicles, police patrols, and ambulances, the general
appearance of which is unmistakable, are not required to register or display
number plates.
(c)
Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or
operated by the Department of Corrections, must be registered and must display
appropriate license number plates, furnished by the registrar at cost. Original and renewal applications for these
license plates authorized for use in general police work and for use by the
Department of Corrections must be accompanied by a certification signed by the
appropriate chief of police if issued to a police vehicle, the appropriate
sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
issued to a Department of Corrections vehicle, or the appropriate officer in
charge if issued to a vehicle of any other law enforcement agency. The certification must be on a form
prescribed by the commissioner and state that the vehicle will be used
exclusively for a purpose authorized by this section.
(d)
Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be
registered and must display passenger vehicle classification license number
plates, furnished at cost by the registrar.
Original and renewal applications for these passenger vehicle license
plates must be accompanied by a certification signed by the commissioner of
revenue or the commissioner of labor and industry. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used exclusively for the purposes
authorized by this section.
(e)
Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle
classification license number plates.
These plates must be furnished at cost by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a certification signed
by the commissioner of health. The
certification must be on a form prescribed by the commissioner and state that
the vehicles will be used exclusively for the official duties of the Division
of Disease Prevention and Control.
(f)
Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger
vehicle classification license number plates.
These plates must be furnished at cost by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a certification signed
by the board chair. The certification
must be on a form prescribed by the commissioner and state that the vehicles
will be used exclusively for the official duties of the Gambling Control Board.
(g)
Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required
identification on the sides of the vehicle.
The vehicle must be registered and must display passenger vehicle
classification license number plates.
These plates must be furnished at cost by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a certification signed
by the hospital administrator. The
certification must be on a form prescribed by the commissioner and state that
the vehicles will be used exclusively for the official duties of the state
hospital or institution.
(h)
Each county social service agency may have vehicles used for child and
vulnerable adult protective services without the required identification on the
sides of the vehicle. The vehicles must
be registered and must display passenger vehicle classification license number
plates. These plates must be furnished
at cost by the registrar. Original and
renewal applications for these passenger vehicle license plates must be
accompanied by a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the social service agency.
(i) All other motor vehicles
must be registered and display tax-exempt number plates, furnished by the
registrar at cost, except as provided in subdivision 1c. All vehicles required to display tax-exempt
number plates must have the name of the state department or political
subdivision, nonpublic high school operating a driver education program, or
licensed commercial driving school, or other qualifying organization or
entity, plainly displayed on both sides of the vehicle; except that each
state hospital and institution for persons who are mentally ill and
developmentally
disabled may have one vehicle without the required identification on the sides
of the vehicle, and county social service agencies may have vehicles used for
child and vulnerable adult protective services without the required
identification on the sides of the vehicle.
This identification must be in a color giving contrast with that of the
part of the vehicle on which it is placed and must endure throughout the term
of the registration. The identification
must not be on a removable plate or placard and must be kept clean and visible
at all times; except that a removable plate or placard may be utilized on
vehicles leased or loaned to a political subdivision or to a nonpublic high
school driver education program.
Sec.
8. Minnesota Statutes 2006, section
168.012, is amended by adding a subdivision to read:
Subd.
2c. Spotter
trucks. Spotter trucks, as
defined in section 169.01, subdivision 7a, shall not be taxed as motor vehicles
using the public streets and highways, and shall be exempt from the provisions
of this chapter.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
9. Minnesota Statutes 2006, section 168.013,
is amended by adding a subdivision to read:
Subd.
1l. Concrete
pumps and street-sweeping vehicles.
The tax on vehicle-mounted concrete pumps and street-sweeping
vehicles that are not registered under section 168.187 is 15 percent of the
Minnesota base rate schedule. Vehicles
registered under this subdivision must display plates from a distinctive
series.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to any additional tax for a registration period that starts on or
after March 1, 2009.
Sec.
10. Minnesota Statutes 2006, section
168.021, subdivision 1, is amended to read:
Subdivision
1. Disability
plates; application. (a) When a
motor vehicle registered under section 168.017, a motorcycle, a truck having a
manufacturer's nominal rated capacity of one ton and resembling a pickup truck,
or a self-propelled recreational vehicle is owned or primarily operated by a
permanently physically disabled person or a custodial parent or guardian of a
permanently physically disabled minor, the owner may apply for and secure from
the commissioner (1) immediately, a temporary permit valid for 30 days if the
applicant is eligible for the disability plates issued under this section and
(2) two disability plates with attached emblems, one plate to be attached to
the front, and one to the rear of the motor vehicle.
(b)
The commissioner shall not issue more than one set of plates to any owner of a
motor vehicle at the same time unless all motor vehicles have been
specifically modified for and are used exclusively by a permanently physically
disabled person the state council on disability approves the issuance of
a second set of plates to a motor vehicle owner.
(c)
When the owner first applies for the disability plates, the owner must submit a
medical statement in a format approved by the commissioner under section
169.345, or proof of physical disability provided for in that section.
(d) No
medical statement or proof of disability is required when an owner of a motor
vehicle applies for plates for one or more motor vehicles that are specially
modified for and used exclusively by permanently physically disabled persons.
(e)
The owner of a motor vehicle may apply for and secure (i) immediately, a permit
valid for 30 days, if the applicant is eligible to receive the disability
plates issued under this section, and (ii) a set of disability plates for a
motor vehicle if:
(1)
the owner employs a permanently physically disabled person who would qualify
for disability plates under this section; and
(2)
the owner furnishes the motor vehicle to the physically disabled person for the
exclusive use of that person in the course of employment.
Sec.
11. Minnesota Statutes 2006, section
168.021, subdivision 2, is amended to read:
Subd.
2. Plate
design; furnished by commissioner.
The commissioner shall design and furnish two disability plates with
attached emblems to each an eligible owner. The emblem must bear the internationally
accepted wheelchair symbol, as designated in section 16B.61, subdivision 5,
approximately three inches square. The
emblem must be large enough to be visible plainly from a distance of 50
feet. An applicant eligible for
disability plates shall pay the motor vehicle registration fee authorized by
sections 168.013 and 168.09.
Sec.
12. Minnesota Statutes 2006, section
168.09, subdivision 7, is amended to read:
Subd.
7. Display
of temporary permit; special plates. (a) A vehicle that displays a special Minnesota
plate issued under section 168.021; 168.12, subdivision 2, 2a, 2b, 2c, or
2d; 168.123; 168.124; 168.125; 168.126; 168.128; or 168.129, chapter 168
may display a temporary permit in conjunction with expired registration if:
(1)
the current registration tax and all other fees and taxes have been paid
in full; and
(2)
the plate requires replacement under section 168.12, subdivision 1,
paragraph (d), clause (3) has been applied for.
(b) A
vehicle that is registered under section 168.10 may display a temporary
permit in conjunction with expired registration, with or without a registration
plate, if:
(1)
the plates have been applied for and;
(2) the registration tax has
and other fees and taxes have been paid in full, as provided for in
section 168.10; and
(2) (3) either the
vehicle is used solely as a collector vehicle while displaying the temporary
permit and not used for general transportation purposes or the vehicle was
issued a 21-day permit under section 168.092, subdivision 1.
(c)
The permit is valid for a period of 60 days.
The permit must be in a format prescribed by the commissioner and
whenever practicable must be posted upon the driver's side of the rear window
on the inside of the vehicle. The
permit is valid only for the vehicle for which it was issued to allow a
reasonable time for the new plates to be manufactured and delivered to the
applicant. The permit may be issued
only by the commissioner or by a deputy registrar under section 168.33.
Sec.
13. [168.1295] MINNESOTA SESQUICENTENNIAL SPECIAL PLATES.
Subdivision
1. Issuance
and design. Notwithstanding
section 168.1293, the commissioner shall issue Minnesota sesquicentennial
plates or one motorcycle plate to an applicant who:
(1)
is a registered owner of a passenger automobile, one-ton pickup truck,
motorcycle, or recreational vehicle;
(2)
pays a fee of $10 for each set of license plates;
(3)
contributes a minimum of $25 to the Minnesota Sesquicentennial Commission; and
(4)
complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.
Subd.
2. Novelty
plates. Notwithstanding
subdivision 1, the commissioner may issue distinctive Minnesota
Sesquicentennial novelty plates for a fee of $5 for each plate, and a minimum
contribution of $25 to the Minnesota Sesquicentennial Commission.
Subd.
3. Design. After consultation with the Minnesota
Sesquicentennial Commission, the commissioner shall design the special plate.
Subd.
4. Plates
transfer. On payment of a
transfer fee of $5, plates issued under subdivision 1 may be transferred to
another passenger automobile, one-ton pickup truck, motorcycle, or recreational
vehicle registered to the individual to whom the special plates were issued.
Subd.
5. Fees. Fees collected under subdivision 1,
clause (2), or under subdivision 2, are credited to the vehicle services
operating account in the special revenue fund.
Subd.
6. Contributions. Contributions collected under subdivision
1, clause (3), or under subdivision 2, are credited to the sesquicentennial
account, which is established in the special revenue fund. Money in the account is appropriated to the
Minnesota Sesquicentennial Commission to be used in performance of the
commission's powers and duties. After
the commission expires, money in the account is appropriated to the Capitol
Area Architectural and Planning Board for restoration and renovation of the
Capitol Building.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires for issuance of plates after June 30, 2011.
Sec.
14. Minnesota Statutes 2006, section
168.185, is amended to read:
168.185 USDOT NUMBERS.
(a) Except
as provided in paragraph (d), an owner of a truck or truck-tractor having a
gross vehicle weight of more than 10,000 pounds, as defined in section 169.01,
subdivision 46, other than a farm truck that is not used in interstate
commerce, shall report to the registrar commissioner at the
time of registration its USDOT carrier number.
A person subject to this paragraph who does not have a USDOT number
shall apply for the number at the time of registration by completing a form
MCS-150 Motor Carrier Identification Report, issued by the Federal Motor
Carrier Safety Administration, or comparable document as determined by the registrar
commissioner. The registrar
commissioner shall not assign a USDOT carrier number to a vehicle owner who
is not subject to this paragraph.
(b)
Assigned USDOT numbers need not be displayed on the outside of the vehicle, but
must be made available upon request of an authorized agent of the registrar
commissioner, peace officer, other employees of the State Patrol authorized
in chapter 299D, or employees of the Minnesota Department of
Transportation. The vehicle owner shall
notify the registrar commissioner if there is a change to the
owner's USDOT number.
(c) If
an owner fails to report or apply for a USDOT number, the registrar
commissioner shall suspend the owner's registration.
(d) Until
October 1, 2003, paragraphs (a) to (c) do not apply to an agricultural
fertilizer or agricultural chemical retailer while exclusively engaged in
delivering fertilizer or agricultural chemicals to a farmer for on-farm use.
This section does not apply to (1) a farm truck that is not used in interstate
commerce, (2) a vehicle that is not used in intrastate commerce or interstate
commerce, or (3) a vehicle that is owned and used solely in the transaction of
official business by the federal government, the state, or any political
subdivision.
Sec.
15. Minnesota Statutes 2006, section
168.28, is amended to read:
168.28 VEHICLES SUBJECT TO TAX; EXCEPTIONS.
Every
motor vehicle (except those exempted in section 168.012, and except those which
are being towed upon the streets and highways and which shall not be deemed to
be using the streets and highways within the meaning of this section) shall be
deemed to be one using the public streets and highways and hence as such
subject to taxation under this chapter if such motor vehicle has since April
23, 1921, used such public streets or highways, or shall actually use them, or
if it shall come into the possession of an owner other than as a manufacturer,
dealer, warehouse operator, mortgagee or pledgee. New and unused motor vehicles in the possession of a dealer
solely for the purpose of sale, and used or secondhand motor vehicles
which have not theretofore used the public streets or highways of this state
which are in the possession of a dealer solely for the purpose of sale and
which are duly listed as herein provided, shall not be deemed to be vehicles
using the public streets or highways. The driving or operating of a motor vehicle upon the public
streets or highways of this state by a motor vehicle dealer or any employee of
such motor vehicle dealer for demonstration purposes or for any purpose incident
to the usual and customary conduct and operation of the business in which
licensed under section 168.27 to engage, or solely for the purpose of moving it
from points outside or within the state to the place of business or storage of
a licensed dealer within the state or solely for the purpose of moving it from
the place of business of a manufacturer, or licensed dealer within the state to
the place of business or residence of a purchaser outside the state, shall not
be deemed to be using the public streets or highways in the state within the
meaning of this chapter or of the Constitution of the state of Minnesota,
article XIV, and shall not be held to make the motor vehicle subject to
taxation under this chapter as one using the public streets or highways, if
during such driving or moving the dealer's plates herein provided for shall be
duly displayed upon such vehicle. Any
dealer or distributor may register a motor vehicle prior to its assessment or
taxation as personal property, and pay the license fee and tax thereon for the
full calendar year as one using the public streets and highways, and thereafter
such vehicle shall be deemed to be one using the public streets and highways
and shall not be subject to assessment or taxation as personal property during
the calendar year for which it is so registered, whether or not such vehicle
shall actually have used the streets or highways. Special mobile equipment is subject to a penalty equal to the
tax due under this chapter for the full registration year if it is used to
transport persons or property at any time using the public streets.
Sec.
16. Minnesota Statutes 2006, section
168A.01, subdivision 21, is amended to read:
Subd.
21. 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,
well-boring apparatuses, moving dollies, sawing machines, corn shellers, and
road construction and maintenance machinery such as asphalt spreaders,
bituminous mixers, bucket loaders, tractors other than truck-tractors,
ditchers, leveling graders, finishing machines, motor graders, road rollers,
scarifiers, earth-moving carryalls and scrapers, power shovels and draglines,
and 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 vehicles
designed for the transportation of persons or property to which machinery has
been attached has the meaning given it in section 168.011.
Sec.
17. Minnesota Statutes 2006, section
168A.03, subdivision 1, is amended to read:
Subdivision
1. No
certificate issued. The registrar
shall not issue a certificate of title for:
(1) a
vehicle owned by the United States;
(2) a
vehicle owned by a nonresident and not required by law to be registered in this
state;
(3) a
vehicle owned by a nonresident and regularly engaged in the interstate
transportation of persons or property for which a currently effective
certificate of title has been issued in another state;
(4) a
vehicle moved solely by animal power;
(5) an
implement of husbandry;
(6)
special mobile equipment;
(7) a
self-propelled wheelchair or invalid tricycle;
(8) a
trailer (i) having a gross weight of 4,000 pounds or less unless a secured
party holds an interest in the trailer or a certificate of title was previously
issued by this state or any other state or (ii) designed primarily for
agricultural purposes except a recreational vehicle or a manufactured home,
both as defined in section 168.011, subdivisions 8 and 25;
(9) a
snowmobile.; and
(10)
a spotter truck, as defined in section 169.01, subdivision 7a.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
18. Minnesota Statutes 2006, section
168A.05, subdivision 9, is amended to read:
Subd.
9. Neighborhood
electric vehicle and medium-speed electric vehicles; certificate
required. Neighborhood electric
vehicles and medium-speed electric vehicles, as defined in section
169.01, subdivision subdivisions 91 and 94, must be titled
as specified in section 168A.02. The
department shall not issue a title for a neighborhood electric vehicle or a
medium-speed electric vehicle (1) that lacks a vehicle identification
number, and (2) for which a manufacturer's certificate of origin clearly
labeling the vehicle as a neighborhood electric vehicle or similar designation
has not been issued. The department
shall not issue a vehicle identification number to a homemade neighborhood
electric or low-speed vehicle or retrofitted golf cart, and such vehicles do
not qualify as neighborhood electric vehicles.
Sec.
19. Minnesota Statutes 2006, section
168B.051, subdivision 2, is amended to read:
Subd.
2. Sale
after 45 days or title transfer.
An (a) If an unauthorized vehicle is impounded, other than by
the city of Minneapolis or the city of St. Paul, the impounded vehicle is
eligible for disposal or sale under section 168B.08, the earlier of:
(1)
45 days
after notice to the owner, if the vehicle is determined to be an
unauthorized vehicle that was not impounded by the city of Minneapolis or the
city of St. Paul; or
(2)
the date of a voluntary written title transfer by the registered owner to the
impound lot operator.
(b)
A voluntary written title transfer constitutes a waiver by the registered owner
of any right, title, and interest in the vehicle.
Sec.
20. Minnesota Statutes 2006, section
168B.06, subdivision 1, is amended to read:
Subdivision
1. Contents;
Written notice given within five days of impound. (a) When an impounded vehicle is
taken into custody, the unit of government or impound lot operator taking it
into custody shall give written notice of the taking within five days
to the registered vehicle owner and any lienholders.
(b)
The notice shall
must:
(1)
set forth the date and place of the taking,;
(2)
provide the
year, make, model, and serial number of the impounded motor vehicle,
if such information can be reasonably obtained, and the place where the
vehicle is being held,;
(2) (3) inform the owner and any
lienholders of their right to reclaim the vehicle under section 168B.07, and;
(3) (4) state that failure of the
owner or lienholders to:
(i) exercise their right to
reclaim the vehicle and contents within the appropriate time allowed
under section 168B.051, subdivision 1, 1a, or 2, shall be deemed and
under the conditions set forth in section 168B.07, subdivision 1, constitutes a
waiver by them of all right, title, and interest in the vehicle and contents
and a consent to the transfer of title to and disposal or sale of the vehicle and
contents pursuant to section 168B.08; or
(ii)
exercise their right to reclaim the contents of the vehicle within the
appropriate time allowed and under the conditions set forth in section 168B.07,
subdivision 3, constitutes a waiver by them of all right, title, and interest
in the contents and consent to sell or dispose of the contents under section
168B.08; and
(5)
state that a vehicle owner who provides to the impound lot operator
documentation from a government or nonprofit agency or legal aid office that
the owner is homeless, receives relief based on need, is eligible for legal aid
services, or has a household income at or below 50 percent of state median
income has the unencumbered right to retrieve any and all contents without
charge.
Sec.
21. Minnesota Statutes 2006, section
168B.06, subdivision 3, is amended to read:
Subd.
3. Unauthorized
vehicle; second notice. If
an unauthorized vehicle remains unclaimed after 30 days from the date the
notice was sent under subdivision 2, a second notice shall must be
sent by certified mail, return receipt requested, to the registered owner, if
any, of the unauthorized vehicle and to all readily identifiable lienholders of
record.
Sec.
22. Minnesota Statutes 2006, section
168B.07, is amended by adding a subdivision to read:
Subd.
3. Retrieval
of contents. (a) For
purposes of this subdivision:
(1)
"contents" does not include any permanently affixed mechanical or
nonmechanical automobile parts; automobile body parts; or automobile
accessories, including audio or video players; and
(2)
"relief based on need" includes, but is not limited to, receipt of
MFIP and Diversionary Work Program, medical assistance, general assistance,
general assistance medical care, emergency general assistance, Minnesota
supplemental aid, MSA-emergency assistance, MinnesotaCare, Supplemental
Security Income, energy assistance, emergency assistance, Food Stamps, earned
income tax credit, or Minnesota working family tax credit.
(b)
A unit of government or impound lot operator shall establish reasonable
procedures for retrieval of vehicle contents, and may establish reasonable
procedures to protect the safety and security of the impound lot and its
personnel.
(c)
At any time before the expiration of the waiting periods provided in section
168B.051, a registered owner who provides documentation from a government or
nonprofit agency or legal aid office that the registered owner is homeless,
receives relief based on need, is eligible for legal aid services, or has a
household income at or below 50 percent of state median income has the
unencumbered right to retrieve any and all contents without charge and
regardless of whether the registered owner pays incurred charges or fees,
transfers title, or reclaims the vehicle.
Sec.
23. Minnesota Statutes 2006, section
168B.07, is amended by adding a subdivision to read:
Subd.
4. Waiver
of rights. The failure of
the registered owner or lienholders to exercise the right to reclaim the
vehicle before the expiration of the waiting periods provided under section
168B.051 constitutes a waiver of all right, title, and interest in the vehicle
and a consent to the transfer of title to, and disposal or sale of, the vehicle
under section 168B.08. The failure of
the registered owner to exercise the right provided under subdivision 3
constitutes a waiver of all right, title, and interest in the contents and a
consent to the transfer of title to, and disposal or sale of, the contents
under section 168B.08.
Sec.
24. Minnesota Statutes 2006, section
168B.08, subdivision 1, is amended to read:
Subdivision
1. Auction
or sale. (a) If an abandoned or
unauthorized vehicle and contents taken into custody by a unit of
government or any impound lot is not reclaimed under section 168B.07, subdivision
1, it may be disposed of or sold at auction or sale when eligible pursuant
to sections 168B.06 and 168B.07. If
the contents of an abandoned or unauthorized vehicle taken into custody by a
unit of government or any impound lot is not reclaimed under section 168B.07,
subdivision 3, it may be disposed of or sold at auction or sale when eligible
pursuant to sections 168B.06 and 168B.07.
(b)
The purchaser shall be given a receipt in a form prescribed by the registrar of
motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser
to register the vehicle and receive a certificate of title, free and clear of
all liens and claims of ownership.
Before such a vehicle is issued a new certificate of title it must
receive a motor vehicle safety check.
Sec.
25. Minnesota Statutes 2006, section
169.01, is amended by adding a subdivision to read:
Subd.
7a. Spotter
truck. "Spotter
truck" means a truck-tractor with a manufacturer's certificate of origin
"not for on road use" specification, used exclusively for staging or
shuttling trailers in the course of a truck freight operation or freight
shipping operation.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
26. Minnesota Statutes 2006, section
169.01, subdivision 55, is amended to read:
Subd.
55. Implement of husbandry.
"Implement of husbandry" has the meaning given in section
168A.01, subdivision 8 means a self-propelled or towed vehicle designed
or adapted to be used exclusively for timber-harvesting, agricultural,
horticultural, or livestock-raising operations.
Sec.
27. Minnesota Statutes 2006, section
169.01, subdivision 76, is amended to read:
Subd.
76. Hazardous materials.
"Hazardous materials" means those materials found to be
hazardous for the purposes of the federal Hazardous Materials Transportation
Act and that require the motor vehicle any material that has been
designated as hazardous under United States Code, title 49, section 5103, and
is required to be placarded under Code of Federal Regulations, title 49, parts
100-185 part 172, subpart F, or any quantity of a material listed as a
select agent or toxin in Code of Federal Regulations, title 42, part 73.
Sec.
28. Minnesota Statutes 2006, section
169.01, is amended by adding a subdivision to read:
Subd.
93. Wireless
communications device. "Wireless
communications device" means (1) a cellular phone, or (2) a portable
electronic device that is capable of receiving and transmitting data, including
but not limited to text messages and e-mail, without an access line for
service. A wireless communications
device does not include a device that is permanently affixed to the vehicle, or
a global positioning system or navigation system when the system is used
exclusively for navigation purposes.
Sec.
29. Minnesota Statutes 2006, section
169.01, is amended by adding a subdivision to read:
Subd.
94. Medium-speed
electric vehicle. "Medium-speed
electric vehicle" means an electrically powered four-wheeled motor
vehicle, equipped with a roll cage or crushproof body design, that can attain a
maximum speed of 35 miles per hour on a paved level surface, is fully enclosed
and has at least one door for entry, has a wheelbase of 40 inches or greater
and a wheel diameter of ten inches or greater, and except with respect to
maximum speed, otherwise meets or exceeds regulations in the Code of Federal
Regulations, title 49, section 571.500, and successor requirements.
Sec.
30. Minnesota Statutes 2006, section
169.18, subdivision 1, is amended to read:
Subdivision
1. Keep
to the right. Upon all roadways of
sufficient width a vehicle shall be driven upon the right half of the roadway,
except as follows:
(1)
when overtaking and passing another vehicle proceeding in the same direction
under the rules governing such movement;
(2)
when the right half of a roadway is closed to traffic while under construction
or repair;
(3)
upon a roadway divided into three marked lanes for traffic under the rules
applicable thereon;
(4)
upon a roadway designated and signposted for one-way traffic as a one-way
roadway; or
(5) as
necessary to comply with subdivision 11 when approaching an authorized
emergency vehicle parked or stopped on the roadway.; or
(6)
as necessary to comply with subdivision 12 when approaching a road maintenance
or construction vehicle parked or stopped on the roadway.
Sec.
31. Minnesota Statutes 2006, section
169.18, subdivision 5, is amended to read:
Subd.
5. Driving
left of roadway center; exception.
(a) No vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle proceeding in the same
direction unless such left side is clearly visible and is free of oncoming
traffic for a sufficient distance ahead to permit such overtaking and passing
to be completely made without interfering with the safe operation of any
vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must
return to the right-hand side of the roadway before coming within 100 feet of
any vehicle approaching from the opposite direction.
(b)
Except on a one-way roadway or as provided in paragraph (c), no vehicle shall,
in overtaking and passing another vehicle or at any other time, be driven to
the left half of the roadway under the following conditions:
(1)
when approaching the crest of a grade or upon a curve in the highway where the
driver's view along the highway is obstructed within a distance of 700 feet;
(2)
when approaching within 100 feet of any underpass or tunnel, railroad grade
crossing, intersection within a city, or intersection outside of a city if the
presence of the intersection is marked by warning signs; or
(3)
where official signs are in place prohibiting passing, or a distinctive
centerline is marked, which distinctive line also so prohibits passing, as
declared in the Manual on Uniform Traffic Control Devices adopted by the
commissioner.
(c)
Paragraph (b) does not apply to a self-propelled or towed implement of
husbandry that (1) is escorted at the front by a registered motor vehicle that
is displaying vehicular hazard warning lights visible to the front and rear in
normal sunlight, and (2) does not extend into the left half of the roadway to
any greater extent than made necessary by the total width of the right half of
the roadway together with any adjacent shoulder that is suitable for travel.
(d)
Paragraph (b) does not apply to a self-propelled or towed implement of
husbandry that is operated to the left half of the roadway if such operation is
not to a greater extent than is necessary to avoid collision with a parked
vehicle, sign, or other stationary object located on the highway right-of-way.
Sec.
32. Minnesota Statutes 2006, section
169.18, is amended by adding a subdivision to read:
Subd.
12. Passing
certain parked vehicles. (a)
When approaching and before passing a freeway service patrol, road maintenance,
or construction vehicle with its warning lights activated that is parked or
otherwise stopped on or next to a street or highway having two lanes in the
same direction, the driver of a vehicle shall safely move the vehicle to the
lane farthest away from the vehicle, if it is possible to do so.
(b)
When approaching and before passing a freeway service patrol, road maintenance,
or construction vehicle with its warning lights activated that is parked or otherwise
stopped on or next to a street or highway having more than two lanes in the
same direction, the driver of a vehicle shall safely move the vehicle so as to
leave a full lane vacant between the driver and any lane in which the vehicle
is completely or partially parked or otherwise stopped, if it is possible to do
so.
Sec.
33. Minnesota Statutes 2006, section
169.21, is amended by adding a subdivision to read:
Subd.
6. Driver
education curriculum. The
class D curriculum, in addition to driver education classroom curriculum
prescribed in rules of statutes for class D motor vehicles, must include
instruction on the duties of a driver when encountering a bicycle, other
nonmotorized vehicles, or a pedestrian.
Sec.
34. Minnesota Statutes 2006, section
169.224, is amended to read:
169.224 NEIGHBORHOOD AND MEDIUM-SPEED ELECTRIC
VEHICLES.
Subdivision
1. Definition. For purposes of this section, "road
authority" means the commissioner, as to trunk highways; the county board,
as to county state-aid highways and county highways; the town board, as to town
roads; and the governing body of a city, as to city streets.
Subd.
2. Required
equipment. Notwithstanding any
other law, a neighborhood electric vehicle or a medium-speed electric
vehicle may be operated on public streets and highways if it meets all
equipment and vehicle safety requirements in Code of Federal Regulations, title
49, section 571.500, and successor requirements.
Subd.
3. Operation. A neighborhood electric vehicle or a
medium-speed electric vehicle may not be operated on a street or highway
with a speed limit greater than 35 miles per hour, except to make a direct
crossing of that street or highway.
Subd.
4. Restrictions
and prohibitions. (a) A road
authority, including the commissioner of transportation by order, may prohibit
or further restrict the operation of neighborhood electric vehicles and
medium-speed electric vehicles on any street or highway under the road
authority's jurisdiction.
(b) Neither
a neighborhood electric vehicle nor a medium-speed electric vehicle may
not be used to take any examination to demonstrate ability to exercise
control in the operation of a motor vehicle as required under section 171.13.
Sec.
35. [169.228] SPOTTER TRUCKS.
Notwithstanding
any other law, a spotter truck may be operated on public streets and highways
if:
(1)
the operator has the appropriate class of driver's license;
(2)
the vehicle complies with the size, weight, and load restrictions under this
chapter;
(3)
the vehicle meets all inspection requirements under section 169.781; and
(4)
the vehicle is operated (i) within a zone of two air miles from the truck
freight operation or freight shipping operation where the vehicle is housed, or
(ii) directly to and from a repair shop, service station, or fueling station
for the purpose of repair, servicing, or refueling.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
36. Minnesota Statutes 2006, section
169.435, is amended to read:
169.435 STATE SCHOOL
BUS SAFETY ADMINISTRATION0 OFFICE OF PUPIL TRANSPORTATION SAFETY.
Subdivision
1. Responsibility;
Department of Public Safety. The
Department of Public Safety has the primary responsibility for school
transportation safety. The Office of
Pupil Transportation Safety is created as a section under the Division of State
Patrol. The commissioner or the
commissioner's designee shall serve as state designate a director
of pupil transportation according to subdivision 3.
Subd.
3. Pupil
transportation safety director. (a)
The commissioner of public safety or the commissioner's designee shall serve as
pupil transportation safety director.
(b) The duties of the pupil
transportation safety director shall include:
(1)
overseeing all department activities related to school bus safety;
(2)
assisting in the development, interpretation, and implementation of laws and
policies relating to school bus safety, in consultation with a stakeholder
group consisting of, but not limited to, representatives of the school board
association, school superintendents, private bus contractors, directors of
transportation, school bus employees or their exclusive bargaining
representatives, and parent organizations;
(3)
supervising preparation of the School Bus Inspection Manual; and
(4) in
conjunction with the Department of Education and the stakeholder group
described in clause (2), assisting school districts in developing and
implementing comprehensive transportation policies and establishing best practices
for private contracts;
(5)
developing and maintaining a consistent record-keeping system to document
school bus inspections, out-of-service school transportation vehicles, driver
turnover rate, and driver files; and
(6)
conducting periodic audits of selected school districts to determine compliance
with federal law and state statute concerning:
(i) school bus driver requirements and driver employee background and
license checks, including controlled substance and alcohol testing
requirements; and (ii) duty to report violations to the commissioner of public
safety. Audit results must be
documented and retained by the Office of Pupil Transportation Safety, and any
statutory violations documented in the audit must be reported to the
commissioners of public safety and education.
Subd.
4. Staff. In addition to the pupil transportation
safety director, who must be a state trooper, the Office of Pupil
Transportation Safety must be staffed by a minimum of:
(1)
three state troopers, each of whom must be assigned to the metropolitan area,
northern Minnesota, or southern Minnesota; and
(2)
15 school bus vehicle inspectors, one of whom must be designated chief
inspector. The school bus vehicle
inspectors shall perform annual and spot inspections of school buses and Head
Start buses as required by law.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
37. Minnesota Statutes 2006, section
169.446, subdivision 2, is amended to read:
Subd.
2. Driver
training programs. The commissioner
of public safety shall adopt rules requiring a minimum of 30 minutes of thorough
instruction concerning section 169.444 for persons enrolled in driver training
programs offered at public, private and parochial schools, and
commercial driver training schools. The
instruction must encompass at least the responsibilities of drivers, the
content and requirements of section 169.444, and the penalties for violating
that section.
Sec.
38. [169.475] USE OF WIRELESS COMMUNICATIONS DEVICE.
Subdivision
1. Definition. For purposes of this section,
"electronic message" means a self-contained piece of digital
communication that is designed or intended to be transmitted between physical
devices. An electronic message includes,
but is not limited to, e-mail, a text message, an instant message, a command or
request to access a World Wide Web page, or other data that uses a commonly
recognized electronic communications protocol.
An electronic message does not include voice or other data transmitted as
a result of making a phone call, or data transmitted automatically by a
wireless communications device without direct initiation by a person.
Subd.
2. Prohibition
on use. No person may
operate a motor vehicle while using a wireless communications device to
compose, read, or send an electronic message, when the vehicle is in motion or
a part of traffic.
Subd.
3. Exceptions. This section does not apply if a wireless
communications device is used:
(1)
solely in a voice-activated or other hands-free mode;
(2)
for making a cellular phone call;
(3)
for obtaining emergency assistance to (i) report a traffic accident, medical
emergency, or serious traffic hazard, or (ii) prevent a crime about to be
committed;
(4)
in the reasonable belief that a person's life or safety is in immediate danger;
or
(5)
in an authorized emergency vehicle while in the performance of official duties.
Sec.
39. Minnesota Statutes 2006, section
169.67, subdivision 3, is amended to read:
Subd.
3. Trailer,
semitrailer. (a) No trailer or
semitrailer with a gross vehicle weight of 3,000 or more pounds, or a
gross weight that exceeds the empty weight of the towing vehicle, may be drawn
on a highway unless it is equipped with brakes that are adequate to control the
movement of and to stop and hold the trailer or semitrailer. A surge brake on a trailer or semitrailer
meets the requirement of this paragraph for brakes adequate to stop and hold
the trailer or semitrailer.
(b) No
trailer or semitrailer that is required to have brakes and that has
with a gross vehicle weight of more than 6,000 3,000
pounds may be drawn on a highway unless it is equipped with brakes that are so
constructed that they are adequate to stop and hold the trailer or semitrailer
whenever it becomes detached from the towing vehicle.
(c)
Except as provided in paragraph (d), paragraph (a) does not apply to:
(1) a
trailer used by a farmer while transporting farm products produced on the
user's farm, or supplies back to the farm of the trailer's user;
(2) a towed custom service
vehicle drawn by a motor vehicle that is equipped with brakes that meet the
standards of subdivision 5, provided that such a towed custom service vehicle
that exceeds 30,000 pounds gross weight may not be drawn at a speed of more
than 45 miles per hour;
(3)
a trailer or semitrailer operated or used by retail dealers of implements of
husbandry while engaged exclusively in the delivery of implements of husbandry;
(4) (2) a motor vehicle drawn by
another motor vehicle that is equipped with brakes that meet the standards of
subdivision 5; and
(5)
a tank trailer of not more than 12,000 pounds gross weight owned by a
distributor of liquid fertilizer while engaged exclusively in transporting
liquid fertilizer, or gaseous fertilizer under pressure;
(6)
a trailer of not more than 12,000 pounds gross weight owned by a distributor of
dry fertilizer while engaged exclusively in the transportation of dry
fertilizer; and
(7) (3) a disabled vehicle while
being towed to a place of repair.
(d)
Vehicles described in paragraph (c), clauses (1), (3), and (4) clause
(2), may be operated without complying with paragraph (a) only if the
trailer or semitrailer does not exceed the following gross weights:
(1)
3,000 pounds while being drawn by a vehicle registered as a passenger
automobile, other than a pickup truck as defined in section 168.011,
subdivision 29;
(2)
12,000 pounds while being drawn by any other motor vehicle except a
self-propelled implement of husbandry.
Sec.
40. Minnesota Statutes 2006, section
169.781, subdivision 1, is amended to read:
Subdivision
1. Definitions. For purposes of sections 169.781 to
169.783:
(a)
"Commercial motor vehicle" means:
(1) a
commercial motor vehicle as defined in section 169.01, subdivision 75,
paragraph (a); and
(2)
each vehicle in a combination of more than 26,000 pounds.; and
(3)
a spotter truck.
"Commercial motor
vehicle" does not include (1) a school bus or Head Start bus
displaying a certificate under section 169.451, (2) a bus operated by
the Metropolitan Council or by a local transit commission created in chapter 458A, or (3) a motor vehicle that is
required to be placarded under Code of Federal Regulations, title 49, parts
100-185.
(b)
"Commissioner" means the commissioner of public safety.
(c)
"Owner" means a person who owns, or has control, under a lease of
more than 30 days' duration, of one or more commercial motor vehicles.
(d)
"Storage semitrailer" means a semitrailer that (1) is used
exclusively to store property at a location not on a street or highway, (2)
does not contain any load when moved on a street or highway, (3) is operated
only during daylight hours, and (4) is marked on each side of the semitrailer
"storage only" in letters at least six inches high.
(e)
"Building mover vehicle" means a vehicle owned or leased by a
building mover as defined in section 221.81, subdivision 1, paragraph (a), and
used exclusively for moving buildings.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
41. Minnesota Statutes 2006, section
169.781, subdivision 2, is amended to read:
Subd.
2. Inspection
required. It is unlawful for a
person to operate or permit the operation of:
(1) a
commercial motor vehicle registered in Minnesota or a spotter truck; or
(2)
special mobile equipment as defined in section 168.011, subdivision 22, and
which is self-propelled, if it is mounted on a commercial motor vehicle
chassis,
unless the vehicle displays
a valid safety inspection decal issued by an inspector certified by the
commissioner, or the vehicle carries (1) proof that the vehicle complies with
federal motor vehicle inspection requirements for vehicles in interstate
commerce, and (2) a certificate of compliance with federal requirements issued
by the commissioner under subdivision 9.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires on June 30, 2013.
Sec.
42. Minnesota Statutes 2006, section
169.781, subdivision 5, is amended to read:
Subd.
5. Inspection
decal; violation, penalty.
(a) A person inspecting a commercial motor vehicle shall issue an
inspection decal for the vehicle if each inspected component of the vehicle
complies with federal motor carrier safety regulations. The decal must state that in the month
specified on the decal the vehicle was inspected and each inspected component
complied with federal motor carrier safety regulations. The decal is valid for 12 months after the
month specified on the decal. The
commissioners of public safety and transportation shall make decals available,
at a fee of not more than $2 for each decal, to persons certified to perform
inspections under subdivision 3, paragraph (b).
(b)
Minnesota inspection decals may be affixed only to:
(1)
commercial motor vehicles bearing Minnesota-based license plates; or
(2)
special mobile equipment, within the meaning of subdivision 2, clause (2).
(c)
Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less than
57,000 pounds gross vehicle weight and registered as a farm truck, (2) a
storage semitrailer, or (3) a building mover vehicle must issue an inspection
decal to the vehicle unless the vehicle has one or more defects that would
result in the vehicle being declared out of service under the North American Uniform
Driver, Vehicle, and Hazardous Materials Out-of-Service Criteria issued by the
Federal Highway Administration and the Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in
clause (1), (2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle must
clearly indicate that it is valid for two years from the date of issuance.
(d)
Notwithstanding paragraph (a), a commercial motor vehicle that (1) is
registered as a farm truck, (2) is not operated more than 75 miles from the
owner's home post office, and (3) was manufactured before 1979 that has a dual
transmission system, is not required to comply with a requirement in an
inspection standard that requires that the service brake system and parking
brake system be separate systems in the motor vehicle.
(e)
A person who, with the intent to defraud, falsely makes, duplicates, alters, or
forges a decal or other writing or thing purporting to be a Minnesota
inspection decal described in this subdivision is guilty of a gross
misdemeanor. A person who, with the
intent to defraud, possesses a decal or other writing or thing falsely
purporting to be a Minnesota inspection decal described in this subdivision is
guilty of a gross misdemeanor.
Sec.
43. Minnesota Statutes 2006, section
169.79, is amended to read:
169.79 VEHICLE REGISTRATION; DISPLAYING
LICENSE PLATES.
Subdivision
1. Registration
required. No person shall operate,
drive, or park a motor vehicle on any highway unless the vehicle is registered
in accordance with the laws of this state and has the number plates or permit
confirming that valid registration or operating authority has been obtained,
except as provided in sections 168.10 and 168.12, subdivision 2f, as assigned
to it by the commissioner of public safety, conspicuously displayed thereon in
a manner that the view of any plate or permit is not obstructed. A plate issued under section 168.27 or a
permit issued under chapter 168 may be displayed on a vehicle in conjunction
with expired registration whether or not it displays the license plate to which
the last registration was issued.
Subd.
2. Semitrailer. If the vehicle is a semitrailer, the number
plate displayed must be assigned to the registered owner and correlate to the certificate
of title documentation on file with the department and shall not display
a year indicator.
Subd.
3. Rear
display of single plate. If the
vehicle is a motorcycle, motor scooter, motorized bicycle, motorcycle sidecar,
trailer registered at greater than 3,000 pounds gross vehicle weight (GVW),
semitrailer, or vehicle displaying a dealer plate, then one license plate must
be displayed horizontally with the identifying numbers and letters facing
outward from the vehicle and must be mounted in the upright position on the
rear of the vehicle.
Subd.
3a. Small trailer. If the
vehicle is a trailer with 3,000 pounds or less GVW with lifetime registration,
the numbered plate or sticker must be adhered to the side of the trailer frame
tongue near the hitch.
Subd.
4. Collector's
vehicle. If the vehicle is (1) a
collector's vehicle with a pioneer, classic car, collector, or street rod
license; (2) a vehicle that meets the requirements of a pioneer, classic, or
street rod vehicle except that the vehicle is used for general transportation
purposes; or (3) a vehicle that is of model year 1972 or earlier, not
registered under section 168.10, subdivision 1c, and is used for general
transportation purposes, then one plate must be displayed on the rear of
the vehicle, or one plate on the front and one on the rear, at the discretion
of the owner.
Subd.
5. Truck-tractor,
road-tractor, or farm truck. If the
vehicle is a truck-tractor, road-tractor, or farm truck, as defined in section
168.011, subdivision 17, but excluding from that definition semitrailers and
trailers, then one plate must be displayed on the front of the vehicle.
Subd.
6. Other
motor vehicles. If the motor
vehicle is any kind of motor vehicle other than those provided for in
subdivisions 2 to 4, one plate must be displayed on the front and one on the
rear of the vehicle.
Subd.
7. Plate
fastened and visible. All plates
must be (1) securely fastened so as to prevent them from swinging,
(2) displayed horizontally with the identifying numbers and letters facing
outward from the vehicle, and (3) mounted in the upright position. The person driving the motor vehicle shall
keep the plate legible and unobstructed and free from grease, dust, or other
blurring material so that the lettering is plainly visible at all times. It is unlawful to cover any assigned letters
and numbers or the name of the state of origin of a license plate with any
material whatever, including any clear or colorless material that affects the
plate's visibility or reflectivity.
Subd.
8. Plate
registration stickers. As viewed
facing the plates:
(a)
License
plates issued to vehicles registered under section 168.017 must display the
month of expiration in the lower left corner as viewed facing the of
each plate and the year of expiration in the lower right corner as
viewed facing the of each plate.
(b)
License
plates issued to vehicles registered under section 168.127 must display either
fleet registration validation stickers in the lower right corner as viewed
facing the plates of each plate or distinctive license plates,
issued by the registrar, with "FLEET REG" displayed on the bottom
center portion of the each plate.
(c)
License plates issued after July 1, 2008, requiring validation must display the
month of expiration in the lower left corner of each plate and the year of
expiration in the lower right corner of the plate.
Subd.
9. Tax-exempt
vehicle marking. Vehicles
displaying tax-exempt plates issued under section 16B.581 or 168.012 must have
vehicle markings that comply with section 168.012, subdivision 1.
Sec.
44. Minnesota Statutes 2006, section
169.801, is amended to read:
169.801 IMPLEMENT OF HUSBANDRY.
Subdivision
1. Exemption
from size, weight, load provisions.
Except as provided in this section and section 169.82, the provisions of
sections 169.80 to 169.88 that govern size, weight, and load do not apply to:
(1)
a horse-drawn wagon while carrying a load of loose straw or hay;
(2)
a specialized vehicle resembling a low-slung trailer having a short bed or
platform, while transporting one or more implements of husbandry; or
(3) an implement of husbandry while
being driven or towed at a speed of not more than 30 miles per hour; provided
that this exemption applies to an implement of husbandry owned, leased, or
under the control of a farmer or implement dealer only while the implement of
husbandry is being operated on noninterstate roads or highways within 75 miles
of any farmland or implement dealership:
(i) owned, leased, or operated by the farmer or implement dealer and
(ii) on which the farmer or implement dealer regularly uses or sells or leases
the implement of husbandry while operated in compliance with this
section.
Subd.
2. Weight
per inch of tire width restrictions. (a) An implement of husbandry that is
not self-propelled and is equipped with pneumatic tires may not be operated on
a public highway with a maximum wheel load that exceeds 600 pounds per inch
of tire width before August 1, 1996, and 500 pounds per inch of tire width on
and after August 1, 1996.
(b)
After December 31, 2009, a person operating or towing an implement of husbandry
on a bridge must comply with the gross weight limitations provided in section
169.824.
Subd.
3. Hitches. A towed implement of husbandry must be
equipped with (1) safety chains that meet the requirements of section 169.82,
subdivision 3, paragraph (b); (2) a regulation fifth wheel and kingpin assembly
approved by the commissioner of public safety; or (3) a hitch pin or other
hitching device with a retainer that prevents accidental unhitching.
Subd.
4. Bridge
posting. Despite subdivision
2, a person operating or towing an implement of husbandry must comply with a
sign that limits the maximum weight allowed on a bridge.
Subd.
5. Height
and width. A person operating,
towing, or transporting an implement of husbandry that is higher than 13 feet
six inches or wider than allowed under section 169.80, subdivision 2, must
ensure that the operation or transportation does not damage a highway
structure, utility line or structure, or other fixture adjacent to or over a
public highway.
Subd.
6. Speed. No person may operate or tow an implement
of husbandry at a speed of more than 30 miles per hour.
Subd.
7. Driving
rules. (a) An implement of
husbandry may not be operated or towed on an interstate highway.
(b)
An implement of husbandry may be operated or towed to the left of the center of
a roadway only if it is escorted at the front by a vehicle displaying hazard
warning lights visible in normal sunlight and the operation does not extend
into the left half of the roadway more than is necessary.
Subd.
8. Lights. An implement of husbandry must be
equipped with lights that comply with section 169.55, subdivisions 2 and 3.
Subd.
9. Slow
moving vehicle emblem. An implement
of husbandry must comply with section 169.522.
Subd.
10. Brakes. Notwithstanding section 169.67:
(a)
A self-propelled implement of husbandry must be equipped with brakes adequate
to control its movement and to stop and hold it and any vehicle it is towing.
(b)
A towed implement of husbandry must be equipped with brakes adequate to control
its movement and to stop and hold it if:
(1)
it has a gross vehicle weight of more than 24,000 pounds and was manufactured
and sold after January 1, 1994;
(2)
it has a gross vehicle weight of more than 12,000 pounds and is towed by a
vehicle other than a self-propelled implement of husbandry; or
(3)
it has a gross vehicle weight of more than 3,000 pounds and is being towed by a
registered passenger automobile other than a pickup truck as defined in section
168.011, subdivision 29.
(c)
If a towed implement of husbandry with a gross vehicle weight of more than
6,000 pounds is required under paragraph (b) to have brakes, it must also have
brakes adequate to stop and hold it if it becomes detached from the towing
vehicle.
Sec.
45. INFRASTRUCTURE ADAPTATIONS.
The
commissioner of transportation shall investigate and recommend opportunities
for infrastructure adaptations to accommodate the implementation of manure
application technologies that lessen impacts on roads and bridges.
Sec.
46. Minnesota Statutes 2006, section
169.82, subdivision 3, is amended to read:
Subd.
3. Hitch,
chain, or cable. (a) Every trailer
or semitrailer must be hitched to the towing motor vehicle by a device approved
by the commissioner of public safety.
(b)
Every trailer and semitrailer must be equipped with safety chains or cables
permanently attached to the trailer except in cases where the coupling device
is a regulation fifth wheel and kingpin assembly approved by the commissioner
of public safety. In towing, the chains
or cables must be attached to the vehicles near the points of bumper
attachments to the chassis of each vehicle, and must be of sufficient strength
to control the trailer in the event of failure of the towing device. The length of chain or cable must be no more
than necessary to permit free turning of the vehicles. A minimum fine of $25 must be imposed for a
violation of this paragraph.
(c)
This subdivision does not apply to towed implements of husbandry.
(d) No
person may be charged with a violation of this section solely by reason of
violating a maximum speed prescribed in section 169.145 or 169.67 or
169.801.
Sec.
47. Minnesota Statutes 2006, section
169.826, subdivision 1a, is amended to read:
Subd.
1a. Harvest season increase amount.
The limitations provided in sections 169.822 to 169.829 are increased by
ten percent from the beginning of harvest to November 30 each year for the
movement of sugar beets, carrots, and potatoes from the field of harvest to the
point of the first unloading. Transfer
of the product from a farm vehicle or small farm trailer, within the meaning of
chapter 168, to another vehicle is not considered to be the first
unloading. A permit issued under
section 169.86, subdivision 1, paragraph (a), is required. The commissioner shall not issue permits
under this subdivision if to do so will result in a loss of federal highway
funding to the state.
Sec.
48. Minnesota Statutes 2006, section
169.85, subdivision 1, is amended to read:
Subdivision
1. Driver
to stop for weighing. (a) The
driver of a vehicle that has been lawfully stopped may be required by an
officer to submit the vehicle and load to a weighing by means of portable or
stationary scales.
(b) In
addition, the officer may require that the vehicle be driven to the nearest
available scales, but only if:
(1)
the distance to the scales is no further than five miles, or if the distance
from the point where the vehicle is stopped to the vehicle's destination is not
increased by more than ten miles as a result of proceeding to the nearest
available scales; and
(2) if
the vehicle is a commercial motor vehicle, no more than two other commercial
motor vehicles are waiting to be inspected at the scale.
(c)
Official traffic control devices as authorized by section 169.06 may be used to
direct the driver to the nearest scale.
(d)
When a truck weight enforcement operation is conducted by means of portable or
stationary scales, signs giving notice of the operation must be posted within
the highway right-of-way and adjacent to the roadway within two miles of the
operation. The driver of a truck or
combination of vehicles registered for or weighing in excess of 12,000 with
a gross vehicle weight exceeding 10,000 pounds shall proceed to the scale
site and submit the vehicle to weighing and inspection.
Sec.
49. Minnesota Statutes 2006, section
169.86, subdivision 8, as added by Laws 2008, chapter 287, article 1, section
58, is amended 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 other conditions the
commissioner may prescribe. The commissioner may issue permits to an
applicant who pays a single $300 annual fee to cover all tow trucks and towing
vehicles owned by the applicant and meets any other conditions prescribed by
the commissioner. The permit authorizes
the tow truck or towing vehicle, when towing a disabled or damaged vehicle to a
place of repair or to a place of safekeeping, to exceed the length and weight
limitations of this chapter.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
50. [169.865] SPECIAL CANOLA HAULING VEHICLE PERMITS.
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 trailer or semitrailer, 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 105,500 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 marked Trunk Highway 175 from Hallock to the
North Dakota border, on U.S. Highway 75 from Hallock to Donaldson, and on
marked Trunk Highway 11 from Donaldson to the North Dakota border; and
(6)
the seasonal weight increases authorized under section 169.826, subdivision 1,
do not apply.
Subd.
2. Restrictions. Vehicles issued permits under subdivision
1 must comply with the following restrictions:
(1)
the vehicle must be operated in compliance with seasonal load restrictions
under section 169.87;
(2)
the vehicle may not be operated on the interstate highway system or national
network highways; and
(3)
the vehicle may be operated on streets or highways under the control of local
authorities only upon the approval of the local authority; however, vehicles
may have reasonable access to terminals and facilities for food, fuel, repairs,
and rest, and for continuity of route within one mile of the national network
as provided by section 169.81, subdivision 3, and by the Code of Federal
Regulations, title 23, part 658.19.
Subd.
3. Permit
fee; appropriation. Vehicle
permits issued under subdivision 1 must be annual permits. The fee is $850 for each vehicle and must be
deposited in the trunk highway fund. An
amount sufficient to administer the permit program is appropriated from the
trunk highway fund to the commissioner for the costs of administering the
permit program.
Sec.
51. Minnesota Statutes 2006, section
169.99, is amended by adding a subdivision to read:
Subd.
1c. Notice
of surcharge. All parts of
the uniform traffic ticket must give conspicuous notice of the fact that, if
convicted, the person to whom it was issued must pay a state imposed surcharge
under section 357.021, subdivision 6, and the current amount of the required
surcharge.
EFFECTIVE DATE. This section is effective July 1, 2008. However, law enforcement agencies may
continue to issue nonconforming tickets until the supply of those tickets has
been exhausted.
Sec.
52. Minnesota Statutes 2006, section
171.01, subdivision 35, is amended to read:
Subd.
35. Hazardous materials.
"Hazardous materials" means those materials found to be
hazardous for the purposes of the federal Hazardous Materials Transportation Act
and that require the motor vehicle any material that has been designated
as hazardous under United States Code, title 49, section 5103, and is required to
be placarded under Code of Federal Regulations, title 49, parts 100-185
part 172, subpart F, or any quantity of a material listed as a select agent or
toxin in Code of Federal Regulations, title 42, part 73.
Sec.
53. Minnesota Statutes 2006, section
171.01, subdivision 46, is amended to read:
Subd.
46. School bus. "School
bus" means a motor vehicle used to transport pupils to or from a school
defined in section 120A.22, or to or from school-related activities, by the
school or a school district or by someone under an agreement with the school or
a school district. A school bus does
not include a motor vehicle transporting children to or from school for which
parents or guardians receive direct compensation from a school district, a
motor coach operating under charter carrier authority, a transit bus providing
services as defined in section 174.22, subdivision 7, or a vehicle otherwise
qualifying as a type III vehicle under section 169.01, subdivision 6, paragraph
(5), when the vehicle is properly registered and insured and being driven by an
employee or agent of a school district for nonscheduled transportation.
has the meaning given in section 169.01, subdivision 6.
Sec.
54. Minnesota Statutes 2007 Supplement,
section 171.02, subdivision 2, is amended to read:
Subd.
2. Driver's
license classifications, endorsements, exemptions. (a) Drivers' licenses are classified
according to the types of vehicles that may be driven by the holder of each
type or class of license. The
commissioner may, as appropriate, subdivide the classes listed in this
subdivision and issue licenses classified accordingly.
(b)
Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a,
no class of license is valid to operate a motorcycle, school bus, tank vehicle,
double-trailer or triple-trailer combination, vehicle transporting hazardous
materials, or bus, unless so endorsed.
There are four general classes of licenses as described in paragraphs
(c) through (f).
(c)
Class D drivers' licenses are valid for:
(1)
operating all farm trucks if the farm truck is:
(i)
controlled and operated by a farmer, including operation by an immediate family
member or an employee of the farmer;
(ii)
used to transport agricultural products, farm machinery, or farm supplies,
including hazardous materials, to or from a farm;
(iii)
not used in the operations of a common or contract motor carrier as governed by
Code of Federal Regulations, title 49, part 365; and
(iv)
used within 150 miles of the farm;
(2)
notwithstanding paragraph (b), operating an authorized emergency vehicle, as
defined in section 169.01, subdivision 5, whether or not in excess of 26,000
pounds gross vehicle weight;
(3)
operating a recreational vehicle as defined in section 168.011, subdivision 25,
that is operated for personal use;
(4)
operating all single-unit vehicles except vehicles with a gross vehicle weight
of more than 26,000 pounds, vehicles designed to carry more than 15 passengers
including the driver, and vehicles that carry hazardous materials;
(5)
notwithstanding paragraph (d), operating a type A school bus or a
multifunctional school activity bus without a school bus endorsement if:
(i)
the bus has a gross vehicle weight of 10,000 pounds or less;
(ii)
the bus is designed to transport 15 or fewer passengers, including the driver;
and
(iii)
the requirements of subdivision 2a are satisfied, as determined by the
commissioner;
(6)
operating any vehicle or combination of vehicles when operated by a licensed
peace officer while on duty; and
(7)
towing vehicles if:
(i)
the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
(ii)
the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
the combination of vehicles has a gross vehicle weight of 26,000 pounds or
less.
(d)
Class C drivers' licenses are valid for:
(1)
operating class D motor vehicles;
(2) with
a hazardous materials endorsement, transporting hazardous materials in operating
class D vehicles to transport hazardous materials; and
(3)
with a passenger endorsement, operating buses; and
(3) (4) with a passenger
endorsement and school bus endorsement, operating school buses designed
to transport 15 or fewer passengers, including the driver.
(e)
Class B drivers' licenses are valid for:
(1)
operating all class C motor vehicles, class D motor vehicles, and all other
single-unit motor vehicles including, with a passenger endorsement, buses; and
(2)
towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
(f)
Class A drivers' licenses are valid for operating any vehicle or combination of
vehicles.
Sec.
55. Minnesota Statutes 2006, section
171.03, is amended to read:
171.03 PERSONS EXEMPT.
The
following persons are exempt from license hereunder:
(a) A
person in the employ or service of the United States federal government is
exempt while driving or operating a motor vehicle owned by or leased to the
United States federal government.
(b) A
person in the employ or service of the United States federal government is
exempt from the requirement to possess a valid class A, class B, or class C
commercial driver's license while driving or operating for military purposes a commercial motor vehicle owned by
or leased to for the United States federal government if the person
is:
(1) on
active duty in the U.S. Coast Guard;
(2) on
active duty in a branch of the U.S. Armed Forces, which includes the Army, Air
Force, Navy, and Marine Corps;
(3) a
member of a reserve component of the U.S. Armed Forces; or
(4) on
active duty in the Army National Guard or Air National Guard, which includes
(i) a member on full-time National Guard duty, (ii) a member undergoing
part-time National Guard training, and (iii) a National Guard military
technician, who is a civilian required to wear a military uniform.
The exemption provided under
this paragraph does not apply to a U.S.
Armed Forces Reserve technician.
(c)
Any person while driving or operating any farm tractor or implement of
husbandry temporarily on a highway is exempt.
For purposes of this section, an all-terrain vehicle, as defined in
section 84.92, subdivision 8, an off-highway motorcycle, as defined in section
84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
subdivision 7, are not implements of husbandry.
(d) A
nonresident who is at least 15 years of age and who has in immediate possession
a valid driver's license issued to the nonresident in the home state or country
may operate a motor vehicle in this state only as a driver.
(e) A
nonresident who has in immediate possession a valid commercial driver's license
issued by a state or jurisdiction in accordance with the standards of Code of
Federal Regulations, title 49, part 383, and who is operating in Minnesota the
class of commercial motor vehicle authorized by the issuing state or
jurisdiction is exempt.
(f)
Any nonresident who is at least 18 years of age, whose home state or country
does not require the licensing of drivers may operate a motor vehicle as a
driver, but only for a period of not more than 90 days in any calendar year, if
the motor vehicle so operated is duly registered for the current calendar year
in the home state or country of the nonresident.
(g)
Any person who becomes a resident of the state of Minnesota and who has in
possession a valid driver's license issued to the person under and pursuant to
the laws of some other state or jurisdiction or by military authorities of the
United States may operate a motor vehicle as a driver, but only for a period of
not more than 60 days after becoming a resident of this state, without being
required to have a Minnesota driver's license as provided in this chapter.
(h)
Any person who becomes a resident of the state of Minnesota and who has in
possession a valid commercial driver's license issued by another state or
jurisdiction in accordance with the standards of Code of Federal Regulations,
title 49, part 383, is exempt for not more than 30 days after becoming a
resident of this state.
(i)
Any person operating a snowmobile, as defined in section 84.81, is exempt.
Sec.
56. Minnesota Statutes 2006, section
171.055, subdivision 2, is amended to read:
Subd. 2. Use
of provisional license. (a) A
provisional license holder may operate a motor vehicle only when every occupant
under the age of 18 has a seat belt or child passenger restraint system
properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the
motor vehicle for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.
(b) A
provisional license holder may not operate a vehicle while communicating over,
or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion.
The provisional license holder may assert as an affirmative defense that
the violation was made for the sole purpose of obtaining emergency assistance
to prevent a crime about to be committed, or in the reasonable belief that a
person's life or safety was in danger.
Violation of this paragraph is a petty misdemeanor subject to section
169.89, subdivision 2.
(c) If
the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35,
or sections 169A.50 to 169A.53, (2) a conviction for a crash-related moving
violation, or (3) more than one conviction for a moving violation that is not
crash related, the person may not be issued a driver's license until 12
consecutive months have expired since the date of the conviction or until the
person reaches the age of 18 years, whichever occurs first.
(d)
For the first six months of provisional licensure, a provisional license holder
may not operate a motor vehicle carrying more than one passenger under the age
of 20 years who is not a member of the holder's immediate family. For the second six months, the holder of the
license may not operate a motor vehicle that is carrying more than three
passengers who are under the age of 20 years and who are not members of the
holder's immediate family. This
paragraph does not apply if the provisional license holder is accompanied by a
parent or guardian.
(e)
For the first six months of provisional licensure, a provisional license holder
may operate a motor vehicle between the hours of midnight and 5:00 a.m. only
when the license holder is:
(1)
driving between the license holder's home and place of employment;
(2)
driving between the license holder's home and a school event for which the
school has not provided transportation;
(3)
driving for employment purposes; or
(4)
accompanied by a licensed driver at least 25 years of age.
Sec.
57. Minnesota Statutes 2006, section
171.0701, is amended to read:
171.0701 DRIVER EDUCATION; ORGAN AND
TISSUE DONATION CONTENT.
(a)
The
commissioner shall adopt rules requiring a minimum of 30 minutes of
instruction, beginning January 1, 2007, relating to organ and tissue donations
and the provisions of section 171.07, subdivision 5, for persons enrolled in
driver education programs offered at public schools, private schools, and
commercial driver training schools.
(b)
The commissioner shall adopt rules for persons enrolled in driver education
programs offered at public schools, private schools, and commercial driver
training schools, requiring inclusion in the course of instruction, by January
1, 2009, a section on awareness and safe interaction with commercial motor
vehicle traffic. The rules must require
classroom instruction and behind-the-wheel training that includes, but is not
limited to, truck stopping distances, proper distances for following trucks,
identification of truck blind spots, and avoidance of driving in truck blind
spots.
(c)
The rules adopted by the commissioner under paragraph (b) are exempt from the
rulemaking provisions of chapter 14.
The rules are subject to section 14.386, except that notwithstanding
paragraph (b) of section 14.386, the rules continue in effect until repealed or
superseded by other law or rule.
Sec.
58. Minnesota Statutes 2006, section
171.13, subdivision 1, is amended to read:
Subdivision
1. Examination
subjects and locations; provisions for color blindness, disabled veterans. Except as otherwise provided in this
section, the commissioner shall examine each applicant for a driver's license
by such agency as the commissioner directs.
This examination must include a test of applicant's eyesight; ability to
read and understand highway signs regulating, warning, and directing traffic;
knowledge of traffic laws; knowledge of the effects of alcohol and drugs on a
driver's ability to operate a motor vehicle safely and legally, and of the
legal penalties and financial consequences resulting from violations of laws
prohibiting the operation of a motor vehicle while under the influence of
alcohol or drugs; knowledge of railroad grade crossing safety; knowledge of
slow-moving vehicle safety; knowledge of laws relating to pupil
transportation safety, including the significance of school bus lights, signals,
stop arm, and passing a school bus; knowledge of traffic laws related to
bicycles; an actual demonstration of ability to exercise ordinary and
reasonable control in the operation of a motor vehicle; and other physical and
mental examinations as the commissioner finds necessary to determine the
applicant's fitness to operate a motor vehicle safely upon the highways,
provided, further however, no driver's license shall be denied an applicant on
the exclusive grounds that the applicant's eyesight is deficient in color
perception. Provided, however, that war
veterans operating motor vehicles especially equipped for disabled persons,
shall, if otherwise entitled to a license, be granted such license. The commissioner shall make provision for
giving these examinations either in the county where the applicant resides or
at a place adjacent thereto reasonably convenient to the applicant.
Sec.
59. Minnesota Statutes 2006, section
171.13, is amended by adding a subdivision to read:
Subd.
1i. Pupil
transportation safety. The
commissioner shall include in each edition of the driver's manual a section
relating to pupil transportation safety laws.
Sec.
60. Minnesota Statutes 2006, section
171.13, is amended by adding a subdivision to read:
Subd.
1j. Driver's
manual; interaction with commercial motor vehicle. The commissioner shall include in each
edition of the driver's manual published by the department after August 1,
2008, a section that includes information on awareness and safe interaction
with commercial motor vehicle traffic.
Sec.
61. Minnesota Statutes 2006, section
171.165, subdivision 2, is amended to read:
Subd.
2. Implied
consent revocation. The
commissioner shall disqualify a person from operating commercial motor vehicles
for a revocation under section 169A.52 or a statute or ordinance from another
state or jurisdiction in conformity with it, in accordance with for a
period that is equivalent in duration under the driver disqualifications
and penalties in Code of Federal Regulations, title 49, part 383, subpart D,
that pertain to a conviction of being under the influence of alcohol or refusal
to be tested.
Sec.
62. [171.168] NOTIFICATION OF CONVICTION FOR VIOLATION BY COMMERCIAL
DRIVER.
(a)
Each person who operates a commercial motor vehicle, who has a commercial
driver's license issued by this state, and who is convicted of a criminal
offense; of a serious traffic violation, as defined in Code of Federal
Regulations, title 49, section 383.5; or of violating any other state or local
law relating to motor vehicle traffic control, other than a parking violation,
in any type of motor vehicle in another state or jurisdiction, shall notify the
department's Division of Driver and Vehicle Services of the conviction. The person shall notify the division within
30 days after the date that the person was convicted.
(b)
Each person who operates a commercial motor vehicle, who has a commercial
driver's license issued by this state, and who is convicted of violating, in
any type of motor vehicle, a Minnesota state or local law relating to motor
vehicle traffic control, other than a parking violation, shall notify the
person's employer of the conviction.
The person shall notify the person's employer within 30 days after the
date that the person was convicted. If
the person is not currently employed, the person shall notify the division
according to paragraph (a).
(c)
Notification to the division must be made in writing and contain the following
information:
(1)
the driver's full name;
(2)
the driver's license number;
(3)
the date of conviction;
(4)
the specific criminal or other offense; serious traffic violation, as defined
in Code of Federal Regulations, title 49, section 383.5; and any other
violation of state or local law relating to motor vehicle traffic control, for
which the person was convicted and any suspension, revocation, or cancellation
of certain driving privileges that resulted from the conviction;
(5)
an indication whether the violation was in a commercial motor vehicle;
(6)
the location of the offense; and
(7)
the driver's signature.
Sec.
63. [171.169] NOTIFICATION OF SUSPENSION OF LICENSE OF COMMERCIAL
DRIVER.
Each
employee, as defined in Code of Federal Regulations, title 49, section 383.5,
who has a Minnesota-issued driver's license suspended, revoked, or canceled by
this state or another state or jurisdiction, who loses the right to operate a
commercial motor vehicle in this state or another state or jurisdiction for any
period, or who is disqualified from operating a commercial motor vehicle for
any period, shall notify the person's employer of the suspension, revocation,
cancellation, lost privilege, or disqualification. The employee shall notify the employer before the end of the
business day following the day the employee received notice of the suspension,
revocation, cancellation, lost privilege, or disqualification.
Sec.
64. Minnesota Statutes 2006, section
171.321, subdivision 1, is amended to read:
Subdivision
1. Endorsement. No person shall drive a school bus when
transporting school children to or from school or upon a school-related trip or
activity without having a valid class A, class B, or class C driver's license
with a school bus endorsement except that a person possessing a valid driver's
license but not a school bus endorsement may drive a vehicle with a seating
capacity of ten or less persons used as a school bus but not outwardly equipped
or identified as a school bus type III vehicle.
Sec.
65. Minnesota Statutes 2006, section
174.03, subdivision 1, is amended to read:
Subdivision
1. Statewide
transportation plan; priorities; schedule of expenditures. In order to best meet the present and future
transportation needs of the public, to insure a strong state economy, to make
most efficient use of public and private funds, and to promote the more
efficient use of energy and other resources for transportation purposes, the
commissioner shall:
(1)
three months after notification that the department is ready to commence
operations and prior to the drafting of the statewide transportation plan, hold
public hearings as may be appropriate solely for the purpose of receiving
suggestions for future transportation alternatives and priorities for the
state. The Metropolitan Council,
regional development commissions, and port authorities shall appear at the
hearings and submit information concerning transportation-related planning
undertaken and accomplished by these agencies.
Other political subdivisions may appear and submit such information at
the hearings. These hearings shall be
completed no later than six months from the date of the commissioner's
notification;
(2)
develop, adopt, revise, and monitor a statewide transportation plan, taking
into account the suggestions and information submitted at the public hearings
held pursuant to clause (1). The plan
shall incorporate all modes of transportation and provide for the
interconnection and coordination of different modes of transportation. The commissioner shall evaluate alternative
transportation programs and facilities proposed for inclusion in the plan in
terms of economic costs and benefits, safety aspects, impact on present and
planned land uses, environmental effects, energy efficiency, national
transportation policies and priorities, and availability of federal and other
financial assistance;
(3)
based upon the statewide transportation plan, develop statewide transportation
priorities and schedule authorized public capital improvements and other
authorized public transportation expenditures pursuant to the priorities. As permitted by the federal surface
transportation program and subject to available funding, the commissioner shall
give serious consideration to prioritizing for funding those trunk highway
projects in the metropolitan area, as defined in section 473.121, subdivision
2, that are consistent with policies included in the Metropolitan Council's
metropolitan development guide, transportation policy plan, and regional
development framework, and that have been awarded funding through the federal
surface transportation program. In
responding to an unforeseen, catastrophic event affecting the state
transportation system, the commissioner may, upon written notification to the
chairs of the senate and house of representatives committees with jurisdiction
over transportation policy and finance, prioritize projects without regard to
availability of federal funding; and
(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 January 1, 2009.
Sec.
66. Minnesota Statutes 2006, section
174.03, is amended by adding a subdivision to read:
Subd.
1b. Statewide
freight and passenger rail plan.
(a) The commissioner shall develop a comprehensive statewide freight
and passenger rail plan to be included and revised as a part of the statewide
transportation plan.
(b)
Before the initial version of the plan is adopted, the commissioner shall
provide a copy for review and comment to the chairs and ranking minority
members of the senate and house of representatives committees with jurisdiction
over transportation policy and finance.
Notwithstanding paragraph (a), the commissioner may adopt the next
revision of the statewide transportation plan, scheduled to be completed in
calendar year 2009, prior to completion of the initial version of the
comprehensive statewide freight and passenger rail plan.
Sec.
67. Minnesota Statutes 2006, section
174.24, is amended by adding a subdivision to read:
Subd.
1a. Transit
service needs implementation plan.
The commissioner shall develop a transit service needs implementation
plan that contains a goal of meeting at least 80 percent of unmet transit
service needs in greater Minnesota by July 1, 2015, and meeting at least 90
percent of unmet transit service needs in greater Minnesota by July 1,
2025. The plan must include, but is not
limited to, the following: an analysis
of ridership and transit service needs throughout greater Minnesota; a
calculation of unmet needs; an assessment of the level and type of service
required to meet unmet needs; an analysis of costs and revenue options; and, a
plan to reduce unmet transit service needs as specified in this
subdivision. The plan must specifically
address special transportation service ridership and needs. The commissioner may amend the plan as
necessary, and may use all or part of the 2001 greater Minnesota public
transportation plan created by the Minnesota Department of Transportation.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
68. [174.247] ANNUAL TRANSIT REPORT.
(a)
By February 15 annually, the commissioner shall submit a report to the
legislature on transit services outside the metropolitan area. The Metropolitan Council and any public
transit system receiving assistance under section 174.24 shall provide
assistance in creating the report, as requested by the commissioner.
(b)
The report must include, at a minimum, the following:
(1)
a descriptive overview of public transit in Minnesota;
(2)
a descriptive summary of funding sources and assistance programs;
(3)
a summary of each public transit system receiving assistance under section
174.24;
(4)
data that identifies use of volunteers in providing transit service;
(5)
financial data that identifies operating and capital costs, and funding
sources, for each public transit system and for each transit system
classification under section 174.24, subdivision 3b; and
(6)
in each odd-numbered year, beginning in 2009, a calculation of the amounts of
surplus or insufficient funds available for (i) paying the state share of
transit operating costs under section 174.24, subdivision 3b, and (ii) paying
capital and operating costs to fully implement the transit service needs implementation
plan under section 147.24, subdivision 1a.
EFFECTIVE DATE. This section is effective January 1, 2009.
Sec.
69. [174.37] ADVISORY COMMITTEE ON NONMOTORIZED TRANSPORTATION.
Subdivision
1. Purpose. (a) The commissioner of transportation shall
establish an advisory committee on nonmotorized transportation. The committee shall make recommendations to
the commissioner on items related to nonmotorized transportation, including
safety, education, and development programs.
The committee shall review and analyze issues and needs relating to
operating nonmotorized transportation on public rights-of-way, and identify
solutions and goals for addressing identified issues and needs.
(b)
For purposes of this section, "nonmotorized transportation" includes
bicycling, pedestrian activities, and other forms of nonmotorized
transportation.
Subd.
2. Members. The advisory committee must consist of
the following members:
(a)
The commissioner of transportation shall appoint up to 18 public members, as follows: one member from each of the department's
seven greater Minnesota districts; four members from the department's
metropolitan district; and no more than seven members at large. Each of the members at large must represent
nonmotorized interests or organizations.
(b)
The commissioners of each of the following state agencies shall appoint an
employee of the agency to serve as a member:
administration, education, health, natural resources, public safety,
transportation, and pollution control.
The chair of the Metropolitan Council shall appoint an employee of the
council to serve as a member. The
director of Explore Minnesota Tourism shall appoint an employee of the agency
to serve as a member. The division
administrator of the Federal Highway Administration may appoint an employee of
the agency to serve as a member.
(c)
Members of the committee shall serve four-year terms.
Subd.
3. Meetings. The commissioner of transportation's
designee shall convene the first meeting by January 15, 2009. The committee shall elect a chair from its
membership, and shall establish a meeting schedule and meet at least annually.
Subd.
4. Reports. The committee shall issue an annual
report to the commissioner of transportation.
Subd.
5. Expenses. Members of the advisory committee serve
without compensation, but members who are not employees of government agencies
must be reimbursed for expenses in the same manner and amount as authorized by
the commissioner's plan adopted under section 43A.18, subdivision 2. The commissioner of transportation shall
provide department staff support to the committee.
Subd.
6. Expiration. Notwithstanding section 15.059,
subdivision 5, the committee expires June 30, 2014.
Sec.
70. Minnesota Statutes 2006, section
221.011, is amended by adding a subdivision to read:
Subd.
50. Out-of-service
order. "Out-of-service
order" has the meaning given it in Code of Federal Regulations, title 49,
section 383.5.
Sec.
71. 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.
72. Minnesota Statutes 2006, section
221.036, subdivision 1, is amended to read:
Subdivision
1. Order. The commissioner may issue an order
requiring violations to be corrected and administratively assessing monetary
penalties for a violation of (1) section 221.021; (2) section 221.033,
subdivision 2b; (3) section 221.151; (4) section 221.171; (5) section 221.141; (6)
a federal, state, or local law, regulation, rule, or ordinance pertaining to
railroad-highway grade crossings; or (6) (7) rules of the
commissioner relating to the transportation of hazardous waste, motor carrier
operations, insurance, or tariffs and accounting. An order must be issued as provided in this section.
Sec.
73. Minnesota Statutes 2006, section
221.036, subdivision 3, is amended to read:
Subd.
3. Amount
of penalty; considerations. (a) The
commissioner may issue an order assessing a penalty of up to $5,000 for all
violations of section 221.021; 221.141; 221.151; or 221.171, or rules of the
commissioner relating to motor carrier operations, insurance, or tariffs and
accounting, identified during a single inspection, audit, or investigation.
(b)
The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified
during a single inspection or audit.
(c) In
determining the amount of a penalty, the commissioner shall consider:
(1)
the willfulness of the violation;
(2)
the gravity of the violation, including damage to humans, animals, air, water,
land, or other natural resources of the state;
(3) the history of past violations, including
the similarity of the most recent violation and the violation to be penalized,
the time elapsed since the last violation, the number of previous violations,
and the response of the person to the most recent violation identified;
(4)
the economic benefit gained by the person by allowing or committing the
violation; and
(5)
other factors as justice may require, if the commissioner specifically
identifies the additional factors in the commissioner's order.
(d)
The commissioner shall assess a penalty of not less than $1,000 against a
driver who is convicted of a violation of an out-of-service order. The commissioner shall assess a penalty of
not more than $10,000 against an employer who knowingly allows or requires an
employee to operate a commercial motor vehicle in violation of an
out-of-service order. in accordance with Code of Federal Regulations,
title 49, section 383.53 against:
(1)
a driver who is convicted of a violation of an out-of-service order;
(2)
an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of an out-of-service order; or
(3)
an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of a federal, state, or local law or
regulation pertaining to railroad-highway grade crossings.
Sec.
74. Minnesota Statutes 2006, section
221.121, subdivision 1, is amended to read:
Subdivision
1. Petition;
notice and hearing; scope.
(a) A person desiring to operate as a permit carrier, except as provided
in subdivision 5 or section 221.296, shall file a petition with the
commissioner specifying the kind of permit desired, the name and address of the
petitioner and the names and addresses of the officers, if a corporation, and
other information as the commissioner may require. Letters of shipper support must be filed with the petition. No person shall knowingly make a false or
misleading statement in a petition.
(b)
The commissioner, after notice to interested parties and a hearing,
shall issue the permit upon compliance with the laws and rules relating to it,
if it finds that petitioner is fit and able to conduct the proposed operations,
that petitioner's vehicles meet the safety standards established by the
department, that the area to be served has a need for the transportation
services requested in the petition, and that existing permit and certificated
carriers in the area to be served have failed to demonstrate that they offer
sufficient transportation services to meet fully and adequately those needs,
provided that no person who holds a permit at the time sections 221.011 to
221.291 take effect may be denied a renewal of the permit upon compliance with
other provisions of sections 221.011 to 221.291.
(c) A
permit once granted continues in full force and effect until abandoned or
unless suspended or revoked, subject to compliance by the permit holder with
the applicable provisions of law and the rules of the commissioner governing
permit carriers.
(d) No
permit may be issued to a common carrier by rail permitting the common carrier
to operate trucks for hire within this state, nor may a common carrier by rail
be permitted to own, lease, operate, control, or have an interest in a permit
carrier by truck, either by stock ownership or otherwise, directly, indirectly,
through a holding company, or by stockholders or directors in common, or in any
other manner. Nothing in sections
221.011 to 221.291 prevents the commissioner from issuing a permit to a common
carrier by rail authorizing the carrier to operate trucks wholly within the
limits of a municipality or within adjacent or contiguous municipalities or a
common rate point served by the railroad and only as a service supplementary to
the rail service now established by the carriers.
Sec.
75. Minnesota Statutes 2006, section
221.121, subdivision 6a, is amended to read:
Subd.
6a. Household goods carrier. A
person who desires to hold out or to operate as a carrier of household goods
shall follow the procedure established in subdivision 1, and shall
specifically request a household goods mover permit. The permit granted by the commissioner to a person who meets the
criteria established in this subdivision and subdivision 1 shall authorize the
person to hold out and to operate as a household goods mover. A person who provides or offers to provide
household goods packing services and who makes any arrangement directly or
indirectly by lease, rental, referral, or by other means to provide or to
obtain drivers, vehicles, or transportation service for moving household goods,
must have a household goods mover permit file an application with the
commissioner on a form the commissioner prescribes. Notwithstanding this or any other section or rule to the
contrary, the commissioner must not provide public notice or hearing when
reviewing the application or before granting the requested operating
authority. All permits granted to
household goods carriers must allow statewide operation. Notwithstanding any geographical
restrictions imposed upon a permit at the time it was granted or any section or
rule to the contrary, the holder of a household goods permit may operate
statewide.
Sec.
76. Minnesota Statutes 2006, section
221.151, subdivision 1, is amended to read:
Subdivision
1. Petition. (a) Permits, except livestock
permits, issued under section 221.121 may be assigned or transferred but only
upon the order of the commissioner approving the transfer or assignment after
notice and hearing.
(b)
The
proposed seller and buyer or lessor and lessee of a permit, except for
livestock carrier permits, shall file a joint notarized petition with the
commissioner setting forth the name and address of the parties, the identifying
number of the permit, and the description of the authority which the parties
seek to sell or lease, a short statement of the reasons for the proposed sale
or lease, a statement of outstanding claims of creditors which are directly
attributable to the operation to be conducted under the permit, a copy of the
contract of sale or lease, and a financial statement with a balance sheet and
an income statement, if existent, of the buyer or lessee. If it appears to the commissioner, after
notice to interested parties and a hearing, from the contents of the
petition, from the evidence produced at the hearing, and from the
department's records, files, and investigation that the approval of the sale or
lease of the permit will not adversely affect the rights of the users of the
service and will not have an adverse effect upon other competing carriers,
the commissioner may make an order granting the sale or lease. Provided, however, that the commissioner
shall make no order granting the sale or lease of a permit to a person or
corporation or association which holds a certificate or permit other than local
cartage carrier permit from the commissioner under this chapter or to a common
carrier by rail.
Provided
further that the commissioner shall make no order approving the sale or lease
of a permit if the commissioner finds that the price paid for the sale or lease
of a permit is disproportionate to the reasonable value of the permit
considering the assets and goodwill involved.
The commissioner shall approve the sale or lease of a permit only after
a finding that the transferee is fit and able to conduct the operations
authorized under the permit and that the vehicles the transferee proposes to
use in conducting the operations meet the safety standards of the
commissioner. In determining the extent
of the operating authority to be conducted by the transferee under the sale or
lease of the permit, the past operations of the transferor within the two-year
period immediately preceding the transfer must be considered. Only such operating authority may be granted
to the transferee as was actually exercised by the transferor under the
transferor's authority within the two-year period immediately preceding the
transfer as evidenced by bills of lading, company records, operation records,
or other relevant evidence. For
purposes of determining the two-year period, the date of divesting of interest
or control is the date of the sale.
(c) The commissioner shall look
to the substance of the transaction rather than the form. An agreement for the transfer or sale of a
permit must be reported and filed with the commissioner within 30 days of the
agreement.
(d)
If an
authority to operate as a permit carrier is held by a corporation, a sale,
assignment, pledge, or other transfer of the stock interest in the corporation
which will accomplish a substantial or material change or transfer of the
majority ownership of the corporation, as exercised through its stockholders,
must be reported in the manner prescribed in the rules of the commissioner
within 30 days after the sale, assignment, pledge, or other transfer of
stock. The commissioner shall then make
a finding whether or not the stock transfer does, in fact, constitute a sale,
lease, or other transfer of the permit of the corporation to a new party or
parties and, if they so find, then the continuance of the permit issued to the
corporation may only be upon the corporation's complying with the standards and
procedures otherwise imposed by this section.
Sec.
77. Minnesota Statutes 2006, section
221.221, subdivision 2, is amended to read:
Subd.
2. Enforcement
powers. (a) Transportation
program specialists and hazardous material program specialists of the
department, for the purpose of enforcing are authorized to enforce
(1) this chapter, sections 169.781 to 169.783 relating to commercial vehicle
inspections, and sections 168D.05 and 168D.12 relating to motor carrier
licenses and trip permits, (2) Code of Federal Regulations, title 49, parts 40
and 382, and (3) the applicable rules, orders, or directives of the
commissioner of transportation and the commissioner of revenue, issued under
this chapter and chapter 168D or 296A, but for no other purpose, have the
powers conferred by law upon police officers.
The powers include the authority to and (4) the North American
Uniform Out-Of-Service Criteria, including issuing out-of-service orders, as
defined in Code of Federal Regulations, title 49, section 383.5, and they may conduct
inspections at designated highway weigh stations or under other appropriate
circumstances.
(b)
Transportation program specialists and hazardous material program specialists
of the department must not be armed and, except as provided in this section,
have none of the other powers and privileges reserved to peace officers,
including the power to enforce traffic laws and regulations.
Sec.
78. 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;
(3) to
acquire, maintain, manage, and dispose of railroad right-of-way pursuant to the
state rail bank program;
(4) 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) to
pay a portion of the costs of acquiring a rail line by a regional railroad
authority established pursuant to chapter 398A;
(6) to
pay the state matching portion of federal grants for rail-highway grade
crossing improvement projects; and
(7)
to fund rail planning studies.
(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.
79. Minnesota Statutes 2006, section
239.791, subdivision 10, is amended to read:
Subd.
10. Exemption for airport, marina, mooring facility, and resort. A person responsible for the product may
offer for sale, sell, or dispense at an airport, marina, mooring facility,
or resort, for use in airplanes or for purposes listed under subdivision
12, paragraph (a), gasoline that is not oxygenated in accordance with
subdivision 1 if the gasoline is unleaded premium grade as defined in section
239.751, subdivision 4.
Sec.
80. Minnesota Statutes 2006, section
239.791, is amended by adding a subdivision to read:
Subd.
10a. Exemption
for resorts, marinas, and houseboat rental companies. A person responsible for the product may
offer for sale, sell, or dispense at a resort, marina, or houseboat rental
company gasoline that is not oxygenated in accordance with subdivision 1 if the
gasoline: has an octane rating of 87 or
higher; is delivered into onsite bulk storage; and is not used for a licensed
motor vehicle as defined in section 168.011, subdivision 4.
Sec.
81. Minnesota Statutes 2006, section
299D.03, subdivision 1, is amended to read:
Subdivision
1. Members,
powers, and duties. (a) The
commissioner is hereby authorized to employ and designate a chief supervisor, a
chief assistant supervisor, and such assistant supervisors, sergeants and
officers as are provided by law, who shall comprise the Minnesota State Patrol.
(b)
The members of the Minnesota State Patrol shall have the power and authority:
(1) as
peace officers to enforce the provisions of the law relating to the protection
of and use of trunk highways;
(2) at
all times to direct all traffic on trunk highways in conformance with law, and
in the event of a fire or other emergency, or to expedite traffic or to insure
safety, to direct traffic on other roads as conditions may require
notwithstanding the provisions of law;
(3) to
serve search warrants related to criminal motor vehicle and traffic violations
and arrest warrants, and legal documents anywhere in the state;
(4) to
serve orders of the commissioner of public safety or the commissioner's duly
authorized agents issued under the provisions of the Driver's License Law, the
Safety Responsibility Act, or relating to authorized brake- and light-testing
stations, anywhere in the state and to take possession of any license, permit,
or certificate ordered to be surrendered;
(5) to
inspect official brake and light adjusting stations;
(6) to
make appearances anywhere within the state for the purpose of conducting
traffic safety educational programs and school bus clinics;
(7) to
exercise upon all trunk highways the same powers with respect to the
enforcement of laws relating to crimes, as sheriffs and police officers;
(8) to
cooperate, under instructions and rules of the commissioner of public safety,
with all sheriffs and other police officers anywhere in the state, provided
that said employees shall have no power or authority in connection with strikes
or industrial disputes;
(9) to
assist and aid any peace officer whose life or safety is in jeopardy;
(10)
as peace officers to provide security and protection to the governor, governor
elect, either or both houses of the legislature, and state buildings or
property in the manner and to the extent determined to be necessary after
consultation with the governor, or a designee.
Pursuant to this clause, members of the State Patrol, acting as peace
officers have the same powers with respect to the enforcement of laws relating
to crimes, as sheriffs and police officers have within their respective
jurisdictions;
(11)
to inspect school buses anywhere in the state for the purposes of determining
compliance with vehicle equipment, pollution control, and registration
requirements;
(12)
as peace officers to make arrests for public offenses committed in their
presence anywhere within the state.
Persons arrested for violations other than traffic violations shall be
referred forthwith to the appropriate local law enforcement agency for further
investigation or disposition.; and
(13)
to enforce the North American uniform out-of-service criteria and issue
out-of-service orders, as defined in Code of Federal Regulations, title 49,
section 383.5.
(c)
The state may contract for State Patrol members to render the services
described in this section in excess of their regularly scheduled duty hours and
patrol members rendering such services shall be compensated in such amounts,
manner and under such conditions as the agreement provides.
(d)
Employees thus employed and designated shall subscribe an oath.
Sec.
82. Minnesota Statutes 2006, section
299D.06, is amended to read:
299D.06 PATROL EMPLOYEES WHO ARE NOT
TROOPERS.
(a)
Department personnel must be classified employees assigned to the Division of
State Patrol if they are employed to enforce:
(1)
laws relating to motor vehicle equipment; school bus equipment; drivers'
licenses; motor vehicle registration; motor vehicle size and weight; motor
carrier insurance, registration, and safety; and motor vehicle petroleum taxes;
(2)
Pollution Control Agency rules relating to motor vehicle noise abatement; and
(3)
laws relating to directing the movement of vehicles.; and
(4)
the North American uniform out-of-service criteria and issue out-of-service
orders, as defined in Code of Federal Regulations, title 49, section 383.5.
(b)
Employees engaged in these duties, while actually on the job during their
working hours only, shall have power to:
(1)
issue citations in lieu of arrest and continued detention; and
(2)
prepare notices to appear in court for violation of these laws and rules, in
the manner provided in section 169.91, subdivision 3.
(c)
They shall not be armed and, except as provided in this section, shall have
none of the other powers and privileges reserved to peace officers including
the power to enforce traffic laws and regulations.
Sec.
83. Minnesota Statutes 2006, section
465.74, is amended by adding a subdivision to read:
Subd.
10. Facility
relocation costs. Notwithstanding
any contrary provisions in section 237.163, and rules adopted under that
section, public right-of-way users under Minnesota Rules, chapter 7819,
including, but not limited to, district heating and district cooling nonprofit
corporations organized under chapter 317A that are exempt organizations under
section 501(c)(3) of the United States Internal Revenue Code, are eligible to
receive grants and federal money for costs of relocating facilities from public
rights-of-way to prevent interference with public light rail projects, unless
eligibility would impact the project's Federal Transit Authority required cost
effectiveness index.
Sec.
84. Minnesota Statutes 2006, section
473.13, subdivision 1a, is amended to read:
Subd.
1a. Program evaluation. The
budget procedure of the council must include a substantive assessment and
evaluation of the effectiveness of each significant program of the council,
with, to the extent possible, quantitative information on the status, progress,
costs, benefits, and effects of each program. An assessment of progress towards meeting transit goals for people with disabilities must be included,
with required elements including, but not limited to:
(1)
a description of proposed program enhancements;
(2)
an assessment of progress;
(3)
identification of the estimated total number of potential and actual riders who
are disabled;
(4)
an assessment of the level and type of service required to meet unmet ridership
needs; and
(5)
an analysis of costs and revenue options, including a calculation of the
amounts of surplus or insufficient funds available for achieving paratransit
needs.
The council shall transmit the
evaluation to the legislature annually.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
85. Minnesota Statutes 2006, section
473.399, is amended by adding a subdivision to read:
Subd.
5. Availability
of light rail transit information.
The Metropolitan Council shall maintain in a centralized location on
an Internet Web site, for each light rail transit line operated by the council
and for each year of operation of the line:
(1)
financial data, including revenue by source and operating and capital expenses;
and
(2)
ridership information, including ridership and passenger miles.
Sec.
86. Laws 1976, chapter 199, section 14,
subdivision 1, as amended by Laws 1984, chapter 572, section 3, subdivision 1,
is amended to read:
Subdivision
1. Safety
regulation study. The commissioner
of transportation, with the cooperation of representatives of regional and
local units of government and law enforcement agencies, the state trail
council, the Governor's trail advisory committee, the commissioner of public
safety, highway user groups and associations, and cycling groups and
associations shall review and analyze problems relating to the operation of
bicycles on the public roads and ways.
As
part of this review and analysis the commissioner shall review the Minnesota
motor vehicle code to identify provisions which give motorists and bicyclists
inadequate guidelines where such traffic conflicts or which may be inconsistent
or ambiguous when applied to traffic situations involving special bicycle
facilities within or adjacent to public streets and highways.
No
later than January 15, 1977 the commissioner shall report the results of this
review and analysis and recommendations for any necessary action to the
legislative committees having jurisdiction over the subject.
Following
the completion of the study the advisory committee on bicycling formed by the
commissioner under this subdivision shall continue to function under that name
in an advisory capacity to make recommendations to the commissioners of
transportation and public safety and the legislature on bicycle safety and
bicycle education and development programs.
Sec.
87. ENGINE BRAKES; REGULATION BY MINNEAPOLIS.
Notwithstanding
any other law or charter provision, the governing body of the city of
Minneapolis may by ordinance restrict or prohibit the use of an engine brake on
motor vehicles along Legislative Route No. 107, also known as marked Interstate
Highway 394, beginning at the South Penn Avenue interchange in the city of
Minneapolis and thence extending easterly to the terminus of marked Interstate
Highway 394. Upon notification to the
commissioner of transportation by the city of Minneapolis, the commissioner of
transportation shall erect the appropriate signs, with the cost of the signs to
be paid by the city. For purposes of
this section, "engine brake" means any device that uses the engine
and transmission to impede the forward motion of the motor vehicle by
compression of the engine.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
88. LITTLE CROW TRANSIT WAY.
The
commissioner of transportation and the Metropolitan Council shall reference in
planning or study documents any commuter rail or other transit service proposal
along or near marked Trunk Highway 12 between Willmar and downtown Minneapolis
as the Little Crow transit way.
Sec.
89. HIGHWAY CHANGES; REPEALERS; EFFECTIVE DATES; REVISOR INSTRUCTIONS.
Subdivision
1. Legislative
Route No. 295 removed. (a)
Minnesota Statutes 2006, section 161.115, subdivision 226, is repealed
effective the day after the commissioner of transportation receives a copy of
the agreement between the commissioner and the city of St. Peter to transfer
jurisdiction of Legislative Route No. 295 to the city of St. Peter and notifies
the revisor of statutes under paragraph (b).
(b)
The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the
revisor in writing that the conditions required to transfer the route are
satisfied.
Subd.
2. Legislative
Route No. 335 removed. (a)
Minnesota Statutes 2006, section 161.115, subdivision 266, is repealed
effective the day after the commissioner of transportation receives a copy of
the agreement between the commissioner and the city of St. Peter to transfer
jurisdiction of Legislative Route No. 335 to the city of St. Peter and notifies
the revisor of statutes under paragraph (b).
(b)
The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the
revisor in writing that the conditions required to transfer the route are
satisfied.
Sec.
90. RIGHT-OF-WAY TRANSFERRED TO STATE RAIL BANK.
(a)
Notwithstanding Minnesota Statutes, section 16B.281, 16B.282, 92.45, or any
other law to the contrary, the trunk highway right-of-way described in
paragraph (b) is hereby transferred to the state rail bank under Minnesota
Statutes, section 222.63, being a certain parcel of land located in the county
of Otter Tail, state of Minnesota, being more particularly described in
paragraph (b).
(b)
All of Tracts A, B, and C described below:
TRACT
A
That
part of Government Lot 1 of Section 12, Township 132 North, Range 43 West,
Otter Tail County, Minnesota, lying Northeasterly of the former Southwesterly
right-of-way line of the BNSF Railway Company (formerly the St. Paul,
Minneapolis and Manitoba Railway Company);
TRACT
B
A
strip of land 150 feet in width, being 75 feet on each side of the former
centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis and
Manitoba Railway Company) across the SW1/4NW1/4 of Section 12, Township 132
North, Range 43 West, Otter Tail County, Minnesota, said strip extending from
the South line to the West line of said SW1/4NW1/4; together with that part of
said SW1/4NW1/4 adjoining and Westerly of the above described strip and
Easterly of the Easterly right-of-way line of said railroad company as located
prior to 1888;
TRACT
C
A
strip of land 100 feet in width, being 50 feet on each side of the former
centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
and Manitoba Railway Company) across the E1/2NE1/4 of Section 11, Township 132
North, Range 43 West, Otter Tail County, Minnesota, said strip extending from
the East to the North line of said E1/2NE1/4;
together with that part of
Tract D described below:
TRACT
D
A
strip of land 100 feet in width, being 50 feet on each side of the former
centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis and
Manitoba Railway Company) across the E1/2 of Section 2, Township 132 North,
Range 43 West, Otter Tail County, Minnesota;
which lies Southeasterly of
a line run parallel with and distant 135 feet Southeasterly of Line 1 described
below:
LINE
1.
Beginning
at a point on the North and South Quarter line of said Section 2, distant
1,060.11 feet North of the South Quarter corner thereof; thence run
Northeasterly at an angle of 72°36'15" (measured from North to East) from
said North and South Quarter line for 1,600 feet and there terminating;
together with all right of
access, being the right of ingress to and egress from that part of Tract D
hereinbefore described, not acquired herein, to the above described strip.
Sec.
91. BRIDGE INFRASTRUCTURE PLANNING.
Subdivision
1. Trunk
highway bridge improvements. In
conjunction with the planning or design for construction, reconstruction, or
replacement of a trunk highway bridge in the metropolitan area, within the
meaning of Minnesota Statutes, section 473.121, the commissioner of
transportation shall consult with the chair of the Metropolitan Council to
identify necessary or feasible transit infrastructure and improvements in the
corridor.
Subd.
2. Planning
and development. The
commissioner and the chair shall develop a process to coordinate planning and
development of highway and transit projects to enhance the efficient use of
resources, facilitate selection of appropriate infrastructure choices, and
provide a balanced transportation system for the metropolitan area.
Sec.
92. CREATION OF PLAN, REPORTS, AND ASSESSMENTS.
The
Department of Transportation and the Metropolitan Council shall create the
plan, reports, and assessments required in Minnesota Statutes, sections 174.24,
subdivision 1a; 174.247; and 473.13, subdivision 1a, within current
appropriation levels.
Sec.
93. REPORT ON OFFICE OF PUPIL TRANSPORTATION SAFETY.
By
January 15, 2009, the commissioner of public safety and the director of pupil
transportation safety must report to the chairs and ranking minority members of
the senate and house of representatives committees with jurisdiction over
transportation and education policy and finance concerning the Office of Pupil
Transportation Safety, including adequacy of funding, staffing levels,
available technology to carry out the requirements of Minnesota Statutes,
section 169.435, and any recommended legislation to improve the ability of the
pupil transportation safety director to perform statutory duties.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
94. COMPLETE STREETS.
The
commissioner of transportation, in cooperation with the Metropolitan Council
and representatives of counties, statutory and home rule charter cities, and
towns, shall study the benefits, feasibility, and cost of adopting a complete
streets policy applicable to plans to construct, reconstruct, and relocate
streets and roads that includes the following elements:
(1)
safe access for all users, including pedestrians, bicyclists, motorists, and
transit riders;
(2)
bicycle and pedestrian ways in urbanized areas except where bicyclists and
pedestrians are prohibited by law, where costs would be excessively
disproportionate, and where there is no need for bicycle and pedestrian ways;
(3)
paved shoulders on rural roads;
(4)
safe pedestrian travel, including for people with disabilities, on sidewalks
and street crossings;
(5)
utilization of the latest and best design standards; and
(6)
consistency of complete streets plan with community context.
The
commissioner shall report findings, conclusions, and recommendations to the
senate Transportation Budget and Policy Division and the house of representatives
Transportation Finance Division and Transportation and Transit Policy
Subcommittee by December 5, 2009.
Sec.
95. APPROPRIATION.
$575,000
is appropriated from the trunk highway fund to the commissioner of public
safety in fiscal year 2009 to implement and operate the Office of Pupil
Transportation Safety.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
96. REVISOR'S INSTRUCTION.
The
revisor of statutes shall change the terms "type III school bus,"
"type III bus," and "type III Head Start bus" to "type
III vehicle," and the terms "type III school buses," "type
III buses," and "type III Head Start buses" to "type III
vehicles," in Minnesota Statutes, chapters 169, 169A, and 171, and in
Minnesota Rules, parts 7470.1400 and 7470.1500.
Sec.
97. REPEALER.
Minnesota
Statutes 2006, sections 168.123, subdivision 2a; 168B.087, subdivision 2;
169.145; 169.446, subdivision 3; and 221.121, subdivision 4, are repealed.
ARTICLE
2
RAILWAY
WALKWAY SAFETY
Section
1. [219.501]
RAIL CARRIER WALKWAYS.
Subdivision
1. Duty
to provide walkways. (a)
Rail carriers must provide walkways adjacent to those portions of yard tracks
where rail carrier employees frequently work on the ground performing switching
activities. For purposes of this
section, "frequently work" means at least five days per week, one
shift per day.
(b)
This section applies to reconstruction and new construction of yard track
completed after July 1, 2008.
(c)
This section does not apply to an entity that owns or operates track in this
state other than class one and class two rail carriers as classified by the
Federal Railroad Administration.
Subd.
2. General
requirements. (a) Walkways
constructed pursuant to this section may be surfaced with asphalt, concrete,
planking, grating, native material, crushed material, or other similar
nonrevenue material. When crushed
material is used, 100 percent of the material must be capable of passing
through a 1-1/2-inch square sieve opening, and at least 90 percent of the
material must be capable of passing through a one-inch square sieve opening
provided, however, a de minimus variation is not a violation of this section
where the rail carrier has made a good faith effort to comply with the
percentage requirements. Smaller
crushed material is preferable, where drainage and durability issues do not
arise. Material that is three-quarter
inch or less in size is recommended for switching lead tracks.
(b)
Walkways must have a reasonably uniform surface and must be maintained in a
safe condition without compromising track drainage.
(c)
Cross slopes for walkways must not exceed one inch of elevation for each eight
inches of horizontal length in any direction.
(d)
Walkways must be a minimum width of two feet.
(e)
Walkways regulated under this section must be kept reasonably clear of spilled
fuel, oil, sand, posts, rocks, and other hazards or obstructions.
Subd.
3. Allowances
for unusual conditions. Rail
carriers are not required to comply with the requirements of this section
during (1) maintenance activities or any period of heavy rain or snow,
derailments, rock and earth slides, washouts, and similar weather or seismic
conditions, and (2) during a reasonable period after any occurrences identified
in clause (1) in order to allow a return to compliance.
Subd.
4. Waiver
of requirements. Upon
written request of a rail carrier, the commissioner may waive any portion of
this section where conditions do not reasonably allow compliance. A decision of the commissioner is subject to
the requirements under section 218.041.
Sec.
2. Minnesota Statutes 2006, section
219.51, is amended to read:
219.51 CLEARANCE VIOLATIONS AND
PENALTIES.
Subdivision
1. Clearance
Violation. A common carrier,
corporation, or person subject to sections 219.45 to 219.53 violating any of
the provisions of those sections, is liable to a penalty of not more than $500
for each violation.
Subd.
2. Failure
to correct. If a common carrier,
person, or corporation (1) fails to correct a violation of sections 219.45 to
219.53 when ordered by the commissioner of transportation within the time
provided in the order, and (2) does not appeal the order, then failure to
correct the violation as ordered by the commissioner constitutes a new and separate
offense distinct from the original violation of sections 219.45 to 219.53.
Subd.
3. Duties
of attorney general. The penalty
must be recovered in a suit brought in the name of the state by the attorney
general in a court having jurisdiction in the locality where the violation was
committed. Under the direction of the
commissioner, the attorney general shall bring suit upon receipt of duly
verified information from any person of a violation being committed. The commissioner shall lodge with the attorney
general information of any violation as may come to their knowledge.
Subd.
4. Walkway
orders. When the
commissioner finds that rail carrier employees who frequently work adjacent to
a portion of track performing switching activities are exposed to safety
hazards due to the lack of a walkway or to the condition of a walkway
constructed before July 1, 2008, the commissioner may, under the provisions of
this section, order a rail carrier to construct a walkway adjacent to a portion
of track where employees are performing switching activities, or require a rail
carrier to modify an existing walkway in conformance with the standards set
forth in section 219.501, within a reasonable period of time.
Subd.
5. Filing
of complaints. No formal
complaint of an alleged violation of sections 219.45 to 219.53 may be filed
until the filing party has attempted to address the alleged violations with the
rail carrier. Any complaint of an
alleged violation must contain a written statement that the filing party has
made a reasonable, good faith attempt to address the alleged violation.
Sec.
3. Minnesota Statutes 2006, section
609.85, subdivision 6, is amended to read:
Subd.
6. Trespass;
allowing animals on track exception. Whoever intentionally trespasses, or who permits animals
under the person's control to trespass on a railroad track, yard, or bridge
is guilty of a misdemeanor. This
subdivision does not apply to an elected union official's access to those
facilities when acting in an official capacity, to an employee acting within
the scope of employment, or to a person with written permission from the
railroad company to enter upon the railroad facility."