Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12280
insurance; authorizing
amendments to a municipal comprehensive plan for affordable housing; amending
Iron Range resources provisions; requiring certain reports; appropriating
money; amending Minnesota Statutes 2008, sections 58.04, subdivision 1; 58.08,
by adding a subdivision; 58.09; 58.10, subdivision 1; 58.11; 60K.36,
subdivision 2; 60K.38, subdivision 1; 82B.05, subdivision 5, by adding a
subdivision; 82B.06; 115C.08, subdivision 1; 116J.437, subdivision 1;
116J.8731, subdivisions 1, 4; 116J.996; 116L.665, subdivisions 3, 6, by adding
a subdivision; 136F.06, by adding a subdivision; 181.723, subdivision 5;
268.035, subdivision 20, by adding a subdivision; 268.046, subdivision 1;
268.051, subdivisions 2, 5, 7; 268.07, as amended; 268.085, subdivisions 9, 16;
268.095, subdivision 5; 268.101, by adding a subdivision; 268.184, subdivision
1; 326B.106, subdivision 9; 326B.133, subdivisions 1, 3, 8, 11, by adding
subdivisions; 326B.16; 326B.197; 326B.33, subdivisions 18, 20, 21; 326B.42, by
adding subdivisions; 326B.44; 326B.46, as amended; 326B.47; 326B.475,
subdivision 2; 326B.50, by adding subdivisions; 326B.54; 326B.55, as amended;
326B.56, as amended; 326B.805, subdivision 6; 326B.83, subdivisions 1, 3, 6;
326B.865; 326B.921, subdivisions 2, 4, 7; 326B.922; 326B.978, subdivision 2, by
adding a subdivision; 327.31, subdivision 17, by adding subdivisions; 327.32,
subdivision 1, by adding subdivisions; 327.34, subdivision 1; 327B.04,
subdivision 2; 363A.42, as added; 363A.43, as added; 462.355, subdivision 3;
469.1082, subdivision 5; 471.59, subdivision 10; Minnesota Statutes 2009
Supplement, sections 58.06, subdivision 2; 60K.55, subdivision 2; 82B.05,
subdivision 1; 115C.08, subdivision 4; 116J.8731, subdivision 3; 268.035,
subdivisions 19a, 23a; 268.052, subdivision 2; 268.053, subdivision 1; 268.085,
subdivision 1; 268.095, subdivisions 2, 6; 268.105, subdivision 1; 268.136, subdivision
1; 326B.33, subdivision 19; 326B.475, subdivision 4; 326B.49, subdivision 1;
326B.58; 326B.815, subdivision 1; 326B.86, subdivision 1; 326B.94, subdivision
4; 326B.986, subdivision 5; 327B.04, subdivisions 7, 7a, 8; 327B.041; Laws
2009, chapter 78, article 1, section 3, subdivision 2; Laws 2010, chapter 216,
section 58; proposing coding for new law in Minnesota Statutes, chapters 60K;
116J; 116L; 184B; 325E; 326B; proposing coding for new law as Minnesota
Statutes, chapters 58A; 82C; 116W; repealing Minnesota Statutes 2008, sections
116J.657; 326B.133, subdivisions 9, 10; 326B.37, subdivision 13; 326B.475,
subdivisions 5, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3, 4;
326B.976; 327.32, subdivision 4; 327C.07, subdivisions 3a, 8; Minnesota
Statutes 2009 Supplement, sections 58.126; 326B.56, subdivision 4; 326B.986,
subdivision 2; Laws 2010, chapter 215, article 9, section 3; Minnesota Rules,
parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, 4; 1350.7200, subpart 3;
1350.8000, subpart 2."
We request the adoption of
this report and repassage of the bill.
Senate Conferees: David
Tomassoni, Dan Sparks, Kathy Saltzman, Kenneth Kelash and Katie Sieben.
House Conferees: Mike
Obermueller, Tom Rukavina, Tim Mahoney, Larry Haws and Bob Gunther.
Obermueller moved that the report of the Conference Committee
on S. F. No. 2510 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
S. F. No. 2510,
A bill for an act relating to economic development; amending the definition of
green economy to include the concept of green chemistry; creating a fast-action
economic response team; expanding the Minnesota investment fund; removing a
grant program restriction; expanding loan program to veteran-owned small
businesses; creating the Minnesota Science and Technology Authority; providing
for a comparative study of state laws affecting small business start-ups;
modifying certain unemployment insurance administrative, benefit, and tax
provisions; protecting customers from injuries resulting from use of inflatable
play equipment; modifying labor and industry licensing and certain license fee
provisions; modifying enforcement requirements of the State Building Code;
modifying the requirements of the Manufactured Home Building Code; allowing
expedited rulemaking; providing for licensing and regulation of individuals
engaged in mortgage loan origination or mortgage loan business; providing for
licensing and regulation of appraisal management companies; providing for
property acquisition from petroleum tank fund proceeds; clarifying requirements
for granting additional cable franchises; regulating cadmium
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12281
in children's jewelry;
regulating the sale and termination of portable electronics insurance;
authorizing amendments to a municipal comprehensive plan for affordable
housing; amending Iron Range resources provisions; requiring certain reports;
appropriating money; amending Minnesota Statutes 2008, sections 58.04,
subdivision 1; 58.08, by adding a subdivision; 58.09; 58.10, subdivision 1;
58.11; 60K.36, subdivision 2; 60K.38, subdivision 1; 82B.05, subdivision 5, by
adding a subdivision; 82B.06; 115C.08, subdivision 1; 116J.437, subdivision 1;
116J.8731, subdivisions 1, 4; 116J.996; 181.723, subdivision 5; 238.08,
subdivision 1; 268.035, subdivision 20; 268.046, subdivision 1; 268.051,
subdivisions 2, 5, 7; 268.07, as amended; 268.085, subdivision 9; 326B.106,
subdivision 9; 326B.133, subdivisions 1, 3, 8, 11, by adding subdivisions;
326B.16; 326B.197; 326B.33, subdivisions 18, 20, 21; 326B.42, by adding
subdivisions; 326B.44; 326B.46, as amended; 326B.47; 326B.475, subdivision 2;
326B.50, by adding subdivisions; 326B.54; 326B.55, as amended if enacted;
326B.56, as amended; 326B.805, subdivision 6; 326B.83, subdivisions 1, 3, 6;
326B.865; 326B.921, subdivisions 2, 4, 7; 326B.922; 326B.978, subdivision 2, by
adding a subdivision; 327.31, subdivision 17, by adding subdivisions; 327.32,
subdivision 1, by adding subdivisions; 327B.04, subdivision 2; 462.355,
subdivision 3; Minnesota Statutes 2009 Supplement, sections 58.06, subdivision
2; 60K.55, subdivision 2; 82B.05, subdivision 1; 115C.08, subdivision 4;
116J.8731, subdivision 3; 116L.20, subdivision 1; 268.035, subdivision 19a;
268.052, subdivision 2; 268.053, subdivision 1; 268.085, subdivision 1;
268.136, subdivision 1; 326B.33, subdivision 19; 326B.475, subdivision 4;
326B.49, subdivision 1; 326B.58; 326B.815, subdivision 1; 326B.86, subdivision
1; 326B.94, subdivision 4; 326B.986, subdivision 5; 327B.04, subdivisions 7,
7a, 8; 327B.041; Laws 2009, chapter 78, article 1, section 3, subdivision 2;
Laws 2010, chapter 216, section 58; proposing coding for new law in Minnesota
Statutes, chapters 60K; 116J; 184B; 325E; 326B; proposing coding for new law as
Minnesota Statutes, chapters 58A; 82C; 116W; repealing Minnesota Statutes 2008,
sections 116J.657; 326B.133, subdivisions 9, 10; 326B.37, subdivision 13;
326B.475, subdivisions 5, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3,
4; 326B.976; 327.32, subdivision 4; 327C.07, subdivisions 3, 3a, 8; Minnesota
Statutes 2009 Supplement, sections 58.126; 326B.56, subdivision 4; Laws 2010,
chapter 215, article 9, section 3; Minnesota Rules, parts 1301.0500; 1301.0900;
1301.1100, subparts 2, 3, 4; 1350.7200, subpart 3; 1350.8000, subpart 2.
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. There
were 91 yeas and 42 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12282
Those who
voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Welti
Westrom
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 2695.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2695
A bill for
an act relating to health; modifying mandatory reporting requirements related
to pregnant women; amending Minnesota Statutes 2008, section 626.5561,
subdivision 1.
May 8, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2695 report that we have
agreed upon the items in dispute and recommend as follows:
That the House
recede from its amendment and that S. F. No. 2695 be further
amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
626.5561, subdivision 1, is amended to read:
Subdivision
1. Reports
required. (a) Except as provided
in paragraph (b), a person mandated to report under section 626.556,
subdivision 3, shall immediately report to the local welfare agency if the
person knows or has reason to believe that a woman is pregnant and has used a
controlled substance for a nonmedical purpose during the pregnancy, including,
but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages
during the pregnancy in any way that is habitual or excessive.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12283
(b) A health care
professional or a social service professional who is mandated to report under
section 626.556, subdivision 3, is exempt from reporting under paragraph (a) a
woman's use or consumption of tetrahydrocannabinol or alcoholic beverages
during pregnancy if the professional is providing the woman with prenatal care
or other healthcare services.
(c) Any person may make a voluntary
report if the person knows or has reason to believe that a woman is pregnant
and has used a controlled substance for a nonmedical purpose during the
pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed
alcoholic beverages during the pregnancy in any way that is habitual or
excessive. An oral report shall be made
immediately by telephone or otherwise.
An oral report made by a person required to report shall be followed
within 72 hours, exclusive of weekends and holidays, by a report in writing to
the local welfare agency. Any report
shall be of sufficient content to identify the pregnant woman, the nature and
extent of the use, if known, and the name and address of the reporter.
(d) For purposes of this
section, "prenatal care" means the comprehensive package of medical
and psychological support provided throughout the pregnancy."
We request the adoption of
this report and repassage of the bill.
Senate Conferees: Kathy
Sheran, Linda Higgins and Julianne
Ortman.
House Conferees: Maria
Ruud, Debra Hilstrom and Jim
Abeler.
Ruud moved that the report of the Conference Committee on
S. F. No. 2695 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
S. F. No. 2695,
A bill for an act relating to health; modifying mandatory reporting
requirements related to pregnant women; amending Minnesota Statutes 2008,
section 626.5561, subdivision 1.
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. There were 119 yeas and
14 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dill
Dittrich
Doepke
Doty
Downey
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12284
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Dettmer
Drazkowski
Emmer
Garofalo
Holberg
Hoppe
Kohls
Lanning
Peppin
Scott
Seifert
Severson
Shimanski
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 3147.
The Senate has
repassed said bill in accordance with the recommendation and report of the Conference
Committee. Said Senate File is herewith
transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 3147
A bill for
an act relating to health occupation; requiring license revocation for
chiropractors convicted of a felony-level criminal sexual conduct offense;
amending Minnesota Statutes 2008, sections 148.10, by adding a subdivision;
364.09.
May 7, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 3147 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 3147 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
148.10, is amended by adding a subdivision to read:
Subd. 7. Conviction
of a felony-level criminal sexual conduct offense. (a) Except as provided in paragraph
(e), the board shall not grant or renew a license to practice chiropractic to
any person who has been convicted on or after August 1, 2010, of any of the
provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344,
subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b)
to (o).
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12285
(b) A
license to practice chiropractic is automatically revoked if the licensee is
convicted of an offense listed in paragraph (a) of this section.
(c) A
license to practice chiropractic that has been denied or revoked under this subdivision
is not subject to chapter 364.
(d) For
purposes of this subdivision, "conviction" means a plea of guilty, a
verdict of guilty by a jury, or a finding of guilty by the court, unless the
court stays imposition or execution of the sentence and final disposition of
the case is accomplished at a nonfelony level.
(e) The
board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) of this subdivision may become licensed provided that
the criteria:
(1) utilize
a rebuttable presumption that the applicant is not suitable for licensing or
credentialing;
(2) provide
a standard for overcoming the presumption; and
(3) require
that a minimum of ten years has elapsed since the applicant was released from
any incarceration or supervisory jurisdiction related to the offense.
The board
shall not consider an application under this paragraph if the board determines
that the victim involved in the offense was a patient or a client of the
applicant at the time of the offense.
EFFECTIVE DATE. This
section is effective for new licenses issued on or after August 1, 2010.
Sec. 2. Minnesota Statutes 2008, section 364.09, is
amended to read:
364.09 EXCEPTIONS.
(a) This
chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph
(f); to fire protection agencies; to eligibility for a private detective or
protective agent license; to the licensing and background study process under
chapters 245A and 245C; to eligibility for school bus driver endorsements; to
eligibility for special transportation service endorsements; to eligibility for
a commercial driver training instructor license, which is governed by section
171.35 and rules adopted under that section; to emergency medical services
personnel, or to the licensing by political subdivisions of taxicab drivers, if
the applicant for the license has been discharged from sentence for a
conviction within the ten years immediately preceding application of a
violation of any of the following:
(1)
sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;
(2) any
provision of chapter 152 that is punishable by a maximum sentence of 15 years
or more; or
(3) a
violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.
This
chapter also shall not apply to eligibility for juvenile corrections
employment, where the offense involved child physical or sexual abuse or
criminal sexual conduct.
(b) This
chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12286
(c) Nothing
in this section precludes the Minnesota Police and Peace Officers Training
Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's
discretion to apply to law enforcement or fire protection agencies.
(d) This
chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091,
subdivision 1a.
(e) This
chapter does not apply to any person who has been denied a license to practice
chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section 148.10, subdivision 7.
EFFECTIVE DATE. This section
is effective for new licenses issued on or after August 1, 2010.
Sec. 3. COUNCIL
OF HEALTH BOARDS.
The Council
of Health Boards established in section 214.025 shall review the statutory
provisions of sections 148.10, subdivision 7, and 364.09, paragraph (e), and
make recommendations to the house of representatives and senate legislative
committees with jurisdiction over licensing health-related occupations
regarding the impact of similar legislation on the health-related licensing
boards. The commissioner of health or a
designee shall participate in this review.
The recommendations shall be submitted no later than January 15, 2011,
and include any proposed legislation.
EFFECTIVE DATE. This section
is effective the day following final enactment."
Amend the
title as follows:
Page 1, line
3, after the semicolon, insert "requiring a report;"
We request the adoption of this report and
repassage of the bill.
Senate Conferees: Sharon
Erickson Ropes, Mike Parry and Mary
Olson.
House Conferees: Gail
Kulick Jackson, Carolyn Laine and Jim
Abeler.
Jackson moved that the report of the
Conference Committee on S. F. No. 3147 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 3147, A bill for
an act relating to health occupation; requiring license revocation for
chiropractors convicted of a felony-level criminal sexual conduct offense;
amending Minnesota Statutes 2008, sections 148.10, by adding a subdivision;
364.09.
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. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12287
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 1060.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 1060
A bill for
an act relating to transportation; modifying management, priorities, research,
and planning provisions related to Department of Transportation; requiring
reports; amending Minnesota Statutes 2008, sections 161.53; 165.03, by adding a
subdivision; 174.02, subdivision 1a; 174.03, subdivision 1a, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 167.
May 10, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 1060 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 1060 be
further amended as follows:
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12288
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
161.53, is amended to read:
161.53 RESEARCH ACTIVITIES.
(a) The
commissioner may set aside in each fiscal year up to two percent of the total
amount of all funds appropriated to the commissioner other than county
state-aid and municipal state-aid highway funds for transportation research
including public and private research partnerships. The commissioner shall spend this money for
(1) research to improve the design, construction, maintenance, management, and
environmental compatibility of transportation systems, including research
into and implementation of innovations in bridge-monitoring technology and
bridge inspection technology; bridge inspection techniques and best practices;
and the cost-effectiveness of deferred or lower cost highway and bridge design
and maintenance activities and their impacts on long-term trunk highway costs
and maintenance needs; (2) research on transportation policies that enhance
energy efficiency and economic development; (3) programs for implementing and
monitoring research results; and (4) development of transportation education
and outreach activities.
(b) Of all
funds appropriated to the commissioner other than state-aid funds, the
commissioner shall spend at least 0.1 percent, but not exceeding $1,200,000 in
any fiscal year, for research and related activities performed by the Center
for Transportation Studies of the University of Minnesota. The center shall establish a technology
transfer and training center for Minnesota transportation professionals.
Sec. 2. Minnesota Statutes 2008, section 165.03, is
amended by adding a subdivision to read:
Subd. 8. Biennial
report on bridge inspection quality assurance. By February 1 of each odd-numbered
year, the commissioner shall submit a report electronically to the members of
the senate and house of representatives committees with jurisdiction over
transportation policy and finance concerning quality assurance for bridge
inspections. At a minimum, the report
must:
(1)
summarize the bridge inspection quality assurance and quality control
procedures used in Minnesota;
(2) identify
any substantive changes to quality assurance and quality control procedures
made in the previous two years;
(3)
summarize and provide a briefing on findings from bridge inspection quality
reviews performed in the previous two years;
(4) identify
actions taken and planned in response to findings from bridge inspection
quality reviews performed in the previous two years;
(5) summarize the results of any bridge inspection compliance review by
the Federal Highway Administration; and
(6) identify
actions in response to the Federal Highway Administration compliance review
taken by the department in order to reach full compliance.
Sec. 3. [167.60]
DEBT-FINANCING MANAGEMENT POLICY.
(a) By July
1, 2010, the commissioner shall develop a debt-financing management policy for
trunk highway bonds, federal advanced construction funds, and other forms of
highway financing based on debt or future repayment. The policy must be used by the department to
guide decision making related to debt financing. The commissioner may update the policy as
necessary. In developing and updating
the policy, the commissioner shall consult with the commissioner of management
and budget and the chairs and ranking minority members of the senate and house
of representatives committees with jurisdiction over transportation finance.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12289
(b) The
debt-financing management policy must address relevant financial issues,
including, but not limited to:
(1) limits
on cumulative amounts of debt for the trunk highway system from all state and
federal sources;
(2)
eligibility of projects for debt-financing funds;
(3)
allocation and use of funds;
(4) terms of
debt service and methods of repayment;
(5)
management of trunk highway fund balance impacts; and
(6) mitigation
of risks from different forms of debt financing.
(c) Upon
creation or formal revision of the debt-financing management policy, the
commissioner shall distribute electronic copies to the members of the senate
and house of representatives committees with jurisdiction over transportation
finance, and as required for reports to the legislature under section 3.195,
subdivision 1.
Sec. 4. Minnesota Statutes 2008, section 174.02,
subdivision 1a, is amended to read:
Subd. 1a. Mission;
efficiency; legislative report, recommendations. It is part of the department's mission
that within the department's resources the commissioner shall endeavor to:
(1) prevent
the waste or unnecessary spending of public money;
(2) use
innovative fiscal and human resource practices to manage the state's resources
and operate the department as efficiently as possible;
(3) minimize
the degradation of air and water quality;
(4)
coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;
(5) use
technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase
public participation in the business of government;
(6) utilize constructive
and cooperative labor-management practices to the extent otherwise required by
chapters 43A and 179A;
(7) ensure
that the safety, maintenance, and preservation of Minnesota's transportation
infrastructure is a primary priority;
(8) report to
the legislature on the performance of agency operations and the accomplishment
of agency goals in the agency's biennial budget according to section 16A.10,
subdivision 1; and
(8) (9) recommend
to the legislature appropriate changes in law necessary to carry out the
mission and improve the performance of the department.
Sec. 5. Minnesota Statutes 2008, section 174.02, is
amended by adding a subdivision to read:
Subd. 8. Electronic
reports. For any legislative
report required to be submitted by the commissioner by law, in which the report
may or must be submitted electronically, the commissioner shall meet the
requirements under section 3.195, subdivision 1.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12290
Sec. 6. Minnesota Statutes 2008, section 174.03,
subdivision 1a, is amended to read:
Subd. 1a. Revision
of state statewide multimodal transportation plan. (a) The commissioner shall revise
the state statewide multimodal transportation plan by January 1
15, 1996, January 1, 2000, and, if the requirements of clauses (1)
and (2) have been met in the previous revision 2013, and by
January 1 15 of every third even-numbered year four
years thereafter. Before final
adoption of a revised plan, the commissioner shall hold a hearing to receive
public comment on the preliminary draft of the revised plan.
The (b) Each
revised state statewide multimodal transportation plan must:
(1)
incorporate the goals of the state transportation system in section 174.01; and
(2)
establish objectives, policies, and strategies for achieving those goals.;
and
(3) identify
performance targets for measuring progress and achievement of transportation
system goals, objectives, or policies.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2008, section 174.03, is
amended by adding a subdivision to read:
Subd. 1c. Statewide
highway 20-year capital investment plan.
By January 15, 2013, and in conjunction with each future revision
of the statewide multimodal transportation plan, the commissioner shall prepare
a 20-year statewide highway capital investment plan that:
(1) incorporates
performance measures and targets for assessing progress and achievement of the
state's transportation goals, objectives, and policies identified in this
chapter for the state trunk highway system, and those goals, objectives, and
policies established in the statewide multimodal transportation plan. Performance targets must be based on
objectively verifiable measures, and address, at a minimum, preservation and
maintenance of the structural condition of state highway bridges and pavements,
safety, and mobility;
(2)
summarizes trends and impacts for each performance target over the past five
years;
(3)
summarizes the amount and analyzes the impact of the department's capital
investments and priorities over the past five years on each performance target,
including a comparison of prior plan projected costs with actual costs;
(4)
identifies the investments required to meet the established performance targets
over the next 20-year period;
(5) projects
available state and federal funding over the 20-year period, including any
unique, competitive, time-limited, or focused funding opportunities;
(6)
identifies strategies to ensure the most efficient use of existing
transportation infrastructure, and to maximize the performance benefits of
projected available funding;
(7)
establishes investment priorities for projected funding, including a schedule
of major projects or improvement programs for the 20-year period together with
projected costs and impact on performance targets; and
(8)
identifies those performance targets identified under clause (1) not expected
to meet the target outcome over the 20-year period together with alternative
strategies that could be implemented to meet the targets.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12291
Sec. 8. [174.93]
GUIDEWAY INVESTMENT.
Subdivision
1. Definitions. (a) For
purposes of this section, the following terms have the meanings given:
(1)
"commissioner" means the commissioner of transportation; and
(2)
"guideway" means a form of transportation service provided to the
public on a regular and ongoing basis, that operates on exclusive or controlled
rights-of-way or rails in whole or in part, and includes each line for
intercity passenger rail, commuter rail, light rail transit, streetcars, and
bus rapid transit.
(b) For
purposes of this section, "sources of funds" includes, but is not
limited to, money from federal aid, state appropriations, the Metropolitan
Council, special taxing districts, local units of government, fare box
recovery, and nonpublic sources.
Subd. 2. Legislative
report. (a) By November 15 in
every odd-numbered year, the commissioner shall prepare, in collaboration with
the Metropolitan Council, and submit a report electronically to the chairs and
ranking minority members of the house of representatives and senate committees
with jurisdiction over transportation policy and finance concerning the status
of guideway projects (1) currently in study, planning, development, or
construction; (2) identified in the transportation policy plan under section
473.146; or (3) identified in the comprehensive statewide freight and passenger
rail plan under section 174.03, subdivision 1b.
(b) At a
minimum, the report must include, for each guideway project:
(1) a brief
description of the project, including projected ridership;
(2) a summary
of the overall status and current phase of the project;
(3) a
timeline that includes (i) project phases or milestones; (ii) expected and
known dates of commencement of each phase or milestone; and (iii) expected and
known dates of completion of each phase or milestone;
(4) a brief
progress update on specific project phases or milestones completed since the
last previous submission of a report under this subdivision; and
(5) a
summary financial plan that identifies, to the extent available:
(i) capital
expenditures, including expenditures to date and total projected expenditures,
with a breakdown by committed and proposed sources of funds for the project;
and
(ii)
estimated annual operations and maintenance expenditures reflecting the level
of detail available in the current phase of the project development, with a
breakdown by committed and proposed sources of funds for the projects in the
Metropolitan Council's transportation policy plan.
Sec. 9. REPORT
ON DEPARTMENT OF TRANSPORTATION MANAGEMENT CHANGES.
(a) By
February 1, 2011, the commissioner of transportation shall submit a report
electronically to the members of the senate and house of representatives
committees with jurisdiction over transportation policy and finance concerning recent
changes in the department's organizational structure, internal procedures and
practices, and anticipated budget. The
report must include, but is not limited to:
(1) a
summary and review of the department organizational structure for bridge
management, maintenance, and inspections, including a brief explanation of any
relevant structural or organizational changes made since
August 1, 2007;
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12292
(2) an
analysis of the division of bridge-related duties and decision-making
responsibilities between districts and central administration;
(3) a summary of current agency procedures and processes, and any
changes made since August 1, 2007, related to:
(i)
initiation of bridge re-rating and use of bridge inspection findings in the
re-rating process;
(ii)
implementation of agencywide standards for documenting bridge inspection
findings and decision making for postinspection bridge maintenance; and
(iii) other
changes designed to ensure or enhance the safety of Minnesota's transportation
infrastructure; and
(4) a
budget analysis of anticipated funding and funding allocations for pavement
preservation and highway maintenance, safety projects, mobility enhancement
projects, and highway and bridge construction, for fiscal years 2012 through
2018, including a discussion of any anticipated budgetary challenges or risks.
(b) In
addition to an electronic report, the commissioner shall prepare a summary of
findings from the report for distribution and oral testimony to the chairs of
the senate and house of representatives committees with jurisdiction over
transportation finance, who shall make every reasonable effort to arrange
testimony from the department during the 2011 legislative session."
Delete the
title and insert:
"A
bill for an act relating to transportation; modifying management, priorities,
research, and planning provisions related to Department of Transportation;
requiring reports; amending Minnesota Statutes 2008, sections 161.53; 165.03,
by adding a subdivision; 174.02, subdivision 1a, by adding a subdivision;
174.03, subdivision 1a, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapters 167; 174."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
D. Scott Dibble, Kathy Saltzman
and Joe Gimse.
House Conferees:
Melissa Hortman, Frank Hornstein
and Carol McFarlane.
Hortman moved that the report of the
Conference Committee on S. F. No. 1060 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 1060,
A bill for an act relating to transportation; modifying management, priorities,
research, and planning provisions related to Department of Transportation;
requiring reports; amending Minnesota Statutes 2008, sections 161.53; 165.03,
by adding a subdivision; 174.02, subdivision 1a; 174.03, subdivision 1a, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 167.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12293
The question was taken on the repassage of the bill and the
roll was called. There were 133 yeas and
0 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was repassed, as amended by Conference, and its title
agreed to.
Madam Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 2540.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Colleen
J. Pacheco,
First Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT
ON S. F. NO. 2540
A bill for an act relating
to transportation; modifying or adding provisions relating to truck insurance,
school bus transportation, transportation construction impacts on business,
rest areas, highways, bridges, transportation contracts, variances from rules
and engineering standards for local streets and highways, the state park road
account, tax-exempt vehicles, license plates, deputy registrars, vehicles and
drivers, impounds, towing, pedestrians, intersection gridlock, bus and type III
vehicle operation, various traffic regulations, cargo tank vehicle weight
exemptions, drivers' licenses, transportation department goals and mission, the
Disadvantaged Business Enterprise Collaborative, a Minnesota Council of
Transportation Access, complete streets, a Commuter Rail Corridor Coordinating
Committee, railroad track safety, motor carriers, allocation of traffic fines,
airport authorities, property
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12294
acquisition for highways,
transit, town road interest extinguishment nullification, Northstar commuter rail,
and roundabouts design; providing for State Patrol tax compliance and vehicle
crimes investigations; providing for issuance and sale of trunk highway bonds;
requiring reports; making technical and clarifying changes; appropriating
money; amending Minnesota Statutes 2008, sections 65B.43, subdivision 2;
161.14, by adding subdivisions; 161.3426, subdivision 3, by adding a
subdivision; 162.02, subdivision 3a; 162.09, subdivision 3a; 165.14,
subdivisions 4, 5; 168.12, subdivisions 2a, 2b, by adding a subdivision;
168.123, subdivisions 1, 2; 168.1255, subdivision 1; 168.1291, subdivisions 1,
2; 168.33, subdivision 2; 168B.04, subdivision 2; 168B.06, subdivision 1;
168B.07, subdivision 3; 169.041, subdivision 5; 169.09, subdivision 5a; 169.15;
169.26, by adding a subdivision; 169.306; 169.79, subdivision 3; 169.87, by
adding a subdivision; 169.92, subdivision 4; 171.321, subdivision 2; 174.01,
subdivisions 1, 2; 174.02, subdivision 1a; 174.86, subdivision 5; 219.01;
221.012, subdivision 38, by adding a subdivision; 221.0252, subdivision 7;
221.036, subdivisions 1, 3; 221.221, subdivision 3; 221.251, subdivision 1;
360.061, subdivision 3; 473.167, subdivision 2a; 473.411, subdivision 5;
514.18, subdivision 1a; Minnesota Statutes 2009 Supplement, sections 123B.92,
subdivision 1; 160.165; 161.14, subdivision 62; 162.06, subdivision 5; 168.012,
subdivision 1; 168.12, subdivision 5; 169.71, subdivision 1; 169.865,
subdivision 1; 171.02, subdivision 2b; 174.66; 221.026, subdivision 2; 221.031,
subdivision 1; 221.122, subdivision 1; 299D.03, subdivision 5; Laws 2008,
chapter 287, article 1, section 122; Laws 2009, chapter 36, article 1, sections
1; 3, subdivisions 1, 2, 3; 5, subdivisions 1, 3, 4; proposing coding for new
law in Minnesota Statutes, chapters 160; 168; 174; 221; 383D; repealing
Minnesota Statutes 2008, sections 169.041, subdivisions 3, 4; 221.161,
subdivisions 2, 3; 221.291, subdivision 5; Minnesota Statutes 2009 Supplement,
sections 221.161, subdivisions 1, 4; 221.171; Minnesota Rules, parts 7805.0300;
7805.0400.
May 8, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2540 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 2540 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2009 Supplement,
section 123B.92, subdivision 1, is amended to read:
Subdivision
1. Definitions. For purposes of this section and section
125A.76, the terms defined in this subdivision have the meanings given to them.
(a)
"Actual expenditure per pupil transported in the regular and excess
transportation categories" means the quotient obtained by dividing:
(1) the sum
of:
(i) all
expenditures for transportation in the regular category, as defined in
paragraph (b), clause (1), and the excess category, as defined in paragraph (b),
clause (2), plus
(ii) an
amount equal to one year's depreciation on the district's school bus fleet and
mobile units computed on a straight line basis at the rate of 15 percent per
year for districts operating a program under section 124D.128 for grades 1 to 12 for all students in the district
and 12-1/2 percent per year for other districts of the cost of the fleet, plus
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12295
(iii) an
amount equal to one year's depreciation on the district's type III vehicles, as
defined in section 169.011, subdivision 71, which must be used a majority of
the time for pupil transportation purposes, computed on a straight line basis
at the rate of 20 percent per year of the cost of the type three school buses
by:
(2) the
number of pupils eligible for transportation in the regular category, as
defined in paragraph (b), clause (1), and the excess category, as defined in
paragraph (b), clause (2).
(b)
"Transportation category" means a category of transportation service
provided to pupils as follows:
(1) Regular
transportation is:
(i)
transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school
they attend, and resident secondary pupils residing two miles or more from the
public or nonpublic school they attend, excluding desegregation transportation
and noon kindergarten transportation; but with respect to transportation of
pupils to and from nonpublic schools, only to the extent permitted by sections
123B.84 to 123B.87;
(ii)
transportation of resident pupils to and from language immersion programs;
(iii)
transportation of a pupil who is a custodial parent and that pupil's child
between the pupil's home and the child care provider and between the provider
and the school, if the home and provider are within the attendance area of the
school;
(iv)
transportation to and from or board and lodging in another district, of
resident pupils of a district without a secondary school; and
(v)
transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident
secondary pupils when the distance from the attendance area border to the
public school is two miles or more, excluding desegregation transportation and
noon kindergarten transportation.
For the
purposes of this paragraph, a district may designate a licensed day care
facility, school day care facility, respite care facility, the residence of a
relative, or the residence of a person chosen by the pupil's parent or guardian,
or an after school program for children operated by a political subdivision of
the state, as the home of a pupil for part or all of the day, if requested
by the pupil's parent or guardian, and if that facility or,
residence, or program is within the attendance area of the school the
pupil attends.
(2) Excess
transportation is:
(i)
transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the
public or nonpublic school they attend, and transportation to and from school
for resident pupils residing less than one mile from school who are transported
because of extraordinary traffic, drug, or crime hazards; and
(ii)
transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the
attendance area border to the school is at least one mile but less than two
miles from the public school they attend, and for nonresident pupils when the
distance from the attendance area border to the school is less than one mile
from the school and who are transported because of extraordinary traffic, drug,
or crime hazards.
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of Page 12296
(3)
Desegregation transportation is transportation within and outside of the
district during the regular school year of pupils to and from schools located
outside their normal attendance areas under a plan for desegregation mandated
by the commissioner or under court order.
(4)
"Transportation services for pupils with disabilities" is:
(i)
transportation of pupils with disabilities who cannot be transported on a
regular school bus between home or a respite care facility and school;
(ii)
necessary transportation of pupils with disabilities from home or from school
to other buildings, including centers such as developmental achievement
centers, hospitals, and treatment centers where special instruction or services
required by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 are
provided, within or outside the district where services are provided;
(iii)
necessary transportation for resident pupils with disabilities required by
sections 125A.12, and 125A.26 to 125A.48;
(iv) board
and lodging for pupils with disabilities in a district maintaining special
classes;
(v)
transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and
necessary transportation required by sections 125A.18, and 125A.26 to 125A.48,
for resident pupils with disabilities who are provided special instruction and
services on a shared-time basis or if resident pupils are not transported, the
costs of necessary travel between public and private schools or neutral
instructional sites by essential personnel employed by the district's program
for children with a disability;
(vi) transportation
for resident pupils with disabilities to and from board and lodging facilities
when the pupil is boarded and lodged for educational purposes; and
(vii)
services described in clauses (i) to (vi), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to
the pupil's individual education plan or in conjunction with a learning year
program established under section 124D.128.
For purposes
of computing special education initial aid under section 125A.76, subdivision
2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary
nonshelter home in another district to the school of origin, or a formerly homeless
student from a permanent home in another district to the school of origin but
only through the end of the academic year; and (B) depreciation on
district-owned school buses purchased after July 1, 2005, and used primarily
for transportation of pupils with disabilities, calculated according to
paragraph (a), clauses (ii) and (iii).
Depreciation costs included in the disabled transportation category must
be excluded in calculating the actual expenditure per pupil transported in the
regular and excess transportation categories according to paragraph (a).
(5)
"Nonpublic nonregular transportation" is:
(i)
transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs,
excluding transportation for nonpublic pupils with disabilities under clause
(4);
(ii)
transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided
pupil support services pursuant to section 123B.44; and
(iii) late
transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12297
(c)
"Mobile unit" means a vehicle or trailer designed to provide
facilities for educational programs and services, including diagnostic testing,
guidance and counseling services, and health services. A mobile unit located off nonpublic school
premises is a neutral site as defined in section 123B.41, subdivision 13.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2009 Supplement, section
160.165, is amended to read:
160.165 MITIGATING TRANSPORTATION CONSTRUCTION IMPACTS
ON BUSINESS.
Subdivision
1. Definitions. For the purposes of this section, the
following terms have the meanings given:
(1)
"project" means construction work to maintain, construct,
reconstruct, or improve a street or highway or for a rail transit project;
(2)
"substantial business impacts" means impairment of road access,
parking, or visibility for one or more business establishments as a result of a
project, for a minimum period of one month; and
(3)
"transportation authority" means the commissioner, as to trunk
highways; the county board, as to county state-aid highways and county
highways; the town board, as to town roads; and statutory or home rule
charter cities, as to city streets; the Metropolitan Council, for rail
transit projects located entirely within the metropolitan area as defined in
section 473.121, subdivision 2; and the commissioner, for all other rail
transit projects.
Subd. 2. Business
liaison. (a) Before beginning
construction work on a project, a transportation authority shall identify
whether the project is anticipated to include substantial business
impacts. For such projects, the
transportation authority shall designate an individual to serve as business
liaison between the transportation authority and affected businesses.
(b) The
business liaison shall consult with affected businesses before and during
construction to investigate means of mitigating project impacts to
businesses. The mitigation considered
must include signage. The business
liaison shall provide information to the identified businesses before and
during construction, concerning project duration and timetables, lane and road
closures, detours, access impacts, customer parking impacts, visibility, noise,
dust, vibration, and public participation opportunities.
Subd. 3. Exception. This section does not apply to
construction work in connection with the Central Corridor light rail transit
line that will connect downtown Minneapolis and downtown St. Paul.
EFFECTIVE DATE. Subdivision
1 is effective July 1, 2012. Subdivision
3 is effective July 1, 2010.
Sec. 3. [160.2755]
PROHIBITED ACTIVITIES AT REST AREAS.
Subdivision
1. Prohibited activities. It
is unlawful at rest areas to:
(1) dispose
of travel-related trash and rubbish, except if depositing it in a designated
receptacle;
(2) dump
household or commercial trash and rubbish into containers or anywhere else on
site; or
(3) drain or
dump refuse or waste from any trailer, recreational vehicle, or other vehicle
except where receptacles are provided and designated to receive the refuse or
waste.
Subd. 2. Penalty. Violation of this section is a petty
misdemeanor.
EFFECTIVE DATE.
This section is effective August 1, 2010,
and applies to acts committed on or after that date.
Journal of the House - 102nd
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Sec. 4. Minnesota Statutes 2009 Supplement, section
161.14, subdivision 62, is amended to read:
Subd. 62. Clearwater
County Veterans Memorial Highway. (a)
The following described route is designated the "Clearwater County
Veterans Memorial Highway": that
portion of Legislative Route No. 168, marked on August 1, 2009, as Trunk
Highway 200, from its intersection with Clearwater County State-Aid Highway 37
39 to its intersection with Legislative Route No. 169, marked on
August 1, 2009, as Trunk Highway 92; and that portion of Route No. 169 to
its intersection with Clearwater County State-Aid Highway 5.
(b) The commissioner shall
adopt a suitable marking design to mark this highway and erect appropriate
signs, subject to section 161.139.
Sec. 5. Minnesota Statutes 2008, section 161.14, is
amended by adding a subdivision to read:
Subd. 64. Veterans
Memorial Highway. Legislative
Route No. 31, signed as Trunk Highway 200 as of the effective date of this
section, from the border with North Dakota to the city of Mahnomen, is
designated as the "Veterans Memorial Highway." The commissioner shall
adopt a suitable design to mark this highway and erect appropriate signs,
subject to section 161.139.
Sec. 6. Minnesota Statutes 2008, section 161.14, is
amended by adding a subdivision to read:
Subd. 65. Becker
County Veterans Memorial Highway. Marked
Trunk Highway 34, from its intersection with Washington Avenue in Detroit Lakes
to its intersection with County State-Aid Highway 39; and marked Trunk Highway
87, from its intersection with County State-Aid Highway 33 to its intersection
with County State-Aid Highway 39, is named and designated the "Becker
County Veterans Memorial Highway." Subject to section 161.139, the
commissioner shall adopt a suitable marking design to mark this highway and
erect appropriate signs.
Sec. 7. Minnesota Statutes 2008, section 161.14, is
amended by adding a subdivision to read:
Subd. 66. Granite
City Crossing. The bridge
over the Mississippi River on marked Trunk Highway 23 in St. Cloud is
designated "Granite City Crossing." The commissioner of
transportation shall adopt a suitable design to mark this bridge and erect
appropriate signs, subject to section 161.139.
Sec. 8. Minnesota Statutes 2008, section 161.14, is
amended by adding a subdivision to read:
Subd. 67. Veterans
Memorial Highway. Marked
Trunk Highway 59 from the city of Karlstad to the border with Canada is
designated as the "Veterans Memorial Highway." The commissioner shall
adopt a suitable design to mark this highway and erect appropriate signs,
subject to section 161.139.
Sec. 9. Minnesota Statutes 2008, 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. When the request for proposals specifies a
maximum price, the stipend shall be awarded if the proposal is responsive in
all other aspects but comes in above the maximum price. If the commissioner does not award a
contract, all short-listed proposers must receive the stipulated fee. If the commissioner cancels the contract
before reviewing the technical proposals, the commissioner shall award each
design-builder on the short list a stipulated fee of not less than two-tenths
of one percent of the commissioner's estimated cost of design and construction. The commissioner shall pay the stipulated fee
to each proposer within 90 days after the award of the contract or the decision
not to award a contract. In
consideration for paying the stipulated fee, the commissioner may use any ideas
or information contained in the proposals in connection with any contract
awarded for the project or in connection with a subsequent procurement, without
any obligation to pay any
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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. 10. Minnesota Statutes 2008, section 161.3426, is
amended by adding a subdivision to read:
Subd. 6. Reissue
of request for proposals. If
the commissioner rejects all bids or does not execute the contract, the
commissioner may reissue the request for proposals and allow only short-listed
teams to resubmit proposals. The
commissioner shall then pay a reasonable stipulated fee to each short-listed,
responsible proposer who provides a responsive but unsuccessful proposal in
response to the reissued request for proposals.
When the reissued request for proposals specifies a maximum price, the stipend
shall be awarded if the proposal is responsive in all other aspects but comes
in above the maximum price.
Sec. 11. Minnesota Statutes 2008, section 162.02,
subdivision 3a, is amended to read:
Subd. 3a. Variances
from rules and engineering standards. (a)
The commissioner may grant variances from the rules and from the
engineering standards developed pursuant to section 162.021 or 162.07,
subdivision 2. A political subdivision
in which a county state-aid highway is located or is proposed to be located may
submit a written request to the commissioner for a variance for that
highway. The commissioner shall
comply with section 174.75, subdivision 5, in evaluating a variance request
related to a complete streets project.
(b) The commissioner shall publish
notice of the request in the State Register and give notice to all persons
known to the commissioner to have an interest in the matter. The commissioner may grant or deny the
variance within 30 days of providing notice of the request. If a written objection to the request is
received within seven days of providing notice, the variance shall be granted
or denied only after a contested case hearing has been held on the
request. If no timely objection is
received and the variance is denied without hearing, the political subdivision
may request, within 30 days of receiving notice of denial, and shall be granted
a contested case hearing.
(c) For purposes of this
subdivision, "political subdivision" includes (1) an agency of a
political subdivision which has jurisdiction over parks, and (2) a regional
park authority.
Sec. 12. Minnesota Statutes 2008, section 162.09,
subdivision 3a, is amended to read:
Subd. 3a. Variances
from rules and engineering standards. (a)
The commissioner may grant variances from the rules and from the engineering
standards developed pursuant to section 162.13, subdivision 2. A political subdivision in which a municipal
state-aid street is located or is proposed to be located may submit a written
request to the commissioner for a variance for that street. The commissioner shall comply with section
174.75, subdivision 5, in evaluating a variance request related to a complete
streets project.
(b) The commissioner shall
publish notice of the request in the State Register and give notice to all
persons known to the commissioner to have an interest in the matter. The commissioner may grant or deny the
variance within 30 days of providing notice of the request. If a written objection to the request is
received within seven days of providing notice, the variance shall be granted
or denied only after a contested case hearing has been held on the
request. If no timely objection is
received and the variance is denied without hearing, the political subdivision
may request, within 30 days of receiving notice of denial, and shall be granted
a contested case hearing.
(c) For purposes of this
subdivision, "political subdivision" includes (1) an agency of a
political subdivision which has jurisdiction over parks, and (2) a regional
park authority.
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Sec. 13. Minnesota Statutes 2008, section 165.14,
subdivision 4, is amended to read:
Subd. 4. Prioritization
of bridge projects. (a) The
commissioner shall classify all bridges in the program into tier 1, 2, or 3
bridges, where tier 1 is the highest tier.
Unless the commissioner identifies a reason for proceeding otherwise,
before commencing bridge projects in a lower tier, all bridge projects within a
higher tier must to the extent feasible be selected and funded in the approved
state transportation improvement program, at any stage in the project
development process, solicited for bids, in contract negotiation, under
construction, or completed.
(b) The
classification of each tier is as follows:
(1) tier 1
consists of any bridge in the program that (i) has an average daily traffic
count that is above 1,000 and has a sufficiency rating that is at or below 50,
or (ii) is identified by the commissioner as a priority project;
(2) tier 2
consists of any bridge that is not a tier 1 bridge, and (i) is classified as
fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and
(3) tier 3
consists of any other bridge in the program that is not a tier 1 or tier 2
bridge.
(c) By June
30, 2018, all tier 1 and tier 2 bridges originally included in the program must
be under contract for repair or replacement with a new bridge that contains a
load-path-redundant design, except that a specific bridge may remain in
continued service if the reasons are documented in the report required under
subdivision 5.
(d) All
bridge projects funded under this section in fiscal year 2012 or later must
include bicycle and pedestrian accommodations if both sides of the bridge are
located in a city or the bridge links a pedestrian way, shared-use path, trail,
or scenic bikeway.
Bicycle and
pedestrian accommodations would not be required if:
(1) a
comprehensive assessment demonstrates that there is an absence of need for
bicycle and pedestrian accommodations for the life of the bridge; or
(2) there
is a reasonable alternative bicycle and pedestrian crossing within one-quarter mile
of the bridge project.
All bicycle
and pedestrian accommodations should enable a connection to any existing
bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian facilities must meet or exceed
federal accessibility requirements as outlined in Title II of the Americans
with Disabilities Act, codified in United States Code, title 42, chapter 126,
subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in
United States Code, title 29, section 794.
(e) The
commissioner shall establish criteria for determining the priority of bridge
projects within each tier, and must include safety considerations as a
criterion.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 14. Minnesota Statutes 2008, section 165.14,
subdivision 5, is amended to read:
Subd. 5. Statewide
transportation planning report. In
conjunction with each update to the Minnesota statewide transportation plan, or
at least every six years, the commissioner shall submit a report to the chairs
and ranking minority members of the house of representatives and senate
committees with jurisdiction over transportation finance. The report must include:
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(1) an
explanation of the criteria and decision-making processes used to prioritize
bridge projects;
(2) a
historical and projected analysis of the extent to which all trunk highway bridges
meet bridge performance targets and comply with the accessibility
requirements of Title II of the Americans with Disabilities Act of 1990, Public
Law 101-336;
(3) a
summary of bridge projects (i) completed in the previous six years or since the
last update to the Minnesota statewide transportation plan, and (ii) currently
in progress under the program;
(4) a
summary of bridge projects scheduled in the next four fiscal years and included
in the state transportation improvement program;
(5) a projection
of annual needs over the next 20 years;
(6) a
calculation of funding necessary to meet the completion date under
subdivision 4, paragraph (c), compared to the total amount of bridge-related
funding available; and
(7) for any
tier 1 fracture-critical bridge that is repaired but not replaced, an
explanation of the reasons for repair instead of replacement.
Sec. 15. Minnesota Statutes 2008, section 168.002, is
amended by adding a subdivision to read:
Subd. 31a. Special
plates. Unless otherwise
specified, "special plates" or "special plate" means
plates, or a single motorcycle plate, that are designed with wording or
graphics that differ from a regular Minnesota passenger automobile plate or
motorcycle plate.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2009 Supplement, 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) vehicles
owned by ambulance services licensed under section 144E.10 that are equipped
and specifically intended for emergency response or providing ambulance
services; and
(7) vehicles
owned by a commercial driving school licensed under section 171.34, or an employee
of a commercial driving school licensed under section 171.34, and the vehicle
is used exclusively for driver education and training.
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(b) Provided the general
appearance of the vehicle is unmistakable, the following vehicles are not
required to register or display number plates:
(1) vehicles owned by the
federal government, municipal;
(2) fire apparatuses,
including fire-suppression support vehicles, owned or leased by the state or
a political subdivision;
(3) police patrols,
owned or leased by the state or a political subdivision; and
(4) ambulances, the general
appearance of which is unmistakable, are not required to register or display
number plates owned or leased by the state or a political subdivision.
(c) Unmarked vehicles used
in general police work, liquor investigations, or arson investigations, and
passenger automobiles, pickup trucks, and buses owned or operated by the
Department of Corrections, must be registered and must display appropriate
license number plates, furnished by the registrar at cost. Original and renewal applications for these
license plates authorized for use in general police work and for use by the
Department of Corrections must be accompanied by a certification signed by the
appropriate chief of police if issued to a police vehicle, the appropriate
sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
issued to a Department of Corrections vehicle, or the appropriate officer in
charge if issued to a vehicle of any other law enforcement agency. The certification must be on a form
prescribed by the commissioner and state that the vehicle will be used
exclusively for a purpose authorized by this section.
(d) Unmarked vehicles used
by the Departments of Revenue and Labor and Industry, fraud unit, in conducting
seizures or criminal investigations must be registered and must display
passenger vehicle classification license number plates, furnished at cost by
the registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by
a certification signed by the commissioner of revenue or the commissioner of
labor and industry. The certification
must be on a form prescribed by the commissioner and state that the vehicles
will be used exclusively for the purposes authorized by this section.
(e) Unmarked vehicles used
by the Division of Disease Prevention and Control of the Department of Health
must be registered and must display passenger vehicle classification license
number plates. These plates must be
furnished at cost by the registrar.
Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of
health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the Division of Disease Prevention and
Control.
(f) Unmarked vehicles used
by staff of the Gambling Control Board in gambling investigations and reviews
must be registered and must display passenger vehicle classification license
number plates. These plates must be
furnished at cost by the registrar.
Original and renewal applications for these passenger vehicle license
plates must be accompanied by a certification signed by the board chair. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the Gambling Control Board.
(g) Unmarked vehicles used
in general investigation, surveillance, supervision, and monitoring by the
staff of the Department of Human Services Office of Special Investigations and
the executive director of the Minnesota sex offender program must be registered
and must display passenger vehicle classification license number plates,
furnished by the registrar at cost.
Original and renewal applications for passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of human
services. The certification must be on a
form prescribed by the commissioner and state that the vehicles must be used
exclusively for the official duties of the Office of Special Investigations and
the executive director of the Minnesota sex offender program.
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(h) Each state hospital and
institution for persons who are mentally ill and developmentally disabled may
have one vehicle without the required identification on the sides of the
vehicle. The vehicle must be registered
and must display passenger vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by
a certification signed by the hospital administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the state hospital or institution.
(i) Each county social
service agency may have vehicles used for child and vulnerable adult protective
services without the required identification on the sides of the vehicle. The vehicles must be registered and must
display passenger vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by
a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the social service agency.
(j) All other motor vehicles
must be registered and display tax-exempt number plates, furnished by the
registrar at cost, except as provided in subdivision 1c. All vehicles required to display tax-exempt
number plates must have the name of the state department or political
subdivision, nonpublic high school operating a driver education program,
licensed commercial driving school, or other qualifying organization or entity,
plainly displayed on both sides of the vehicle.
This identification must be in a color giving contrast with that of the
part of the vehicle on which it is placed and must endure throughout the term
of the registration. The identification
must not be on a removable plate or placard and must be kept clean and visible
at all times; except that a removable plate or placard may be utilized on
vehicles leased or loaned to a political subdivision or to a nonpublic high
school driver education program.
Sec. 17. Minnesota Statutes 2008, section 168.12,
subdivision 2a, is amended to read:
Subd. 2a. Personalized
plates; rules. (a) The commissioner
may issue personalized plates or, if requested for special plates issued under
section 168.123 for veterans, 168.124 for medal of honor recipients, or 168.125
for former prisoners of war, applicable personalized special veterans plates,
to an applicant who:
(1) is an owner of a
passenger automobile including a passenger automobile registered as a classic
car, pioneer car, collector car, or street rod; any truck with a manufacturer's
nominal rated capacity of one ton or less and resembling a pickup truck; a
motorcycle, including a classic motorcycle; a motorized bicycle; a commuter van
as defined in section 168.126; or a recreational vehicle;
(2) pays a onetime fee of
$100 and any other fees required by this chapter;
(3) pays the registration
tax required by this chapter for the motor vehicle; and
(4) complies with this
chapter and rules governing registration of motor vehicles and licensing of
drivers.
(b) The commissioner shall
charge a replacement fee for personalized license plates and personalized
special veterans plates issued under section 168.123 as specified in
subdivision 5. This fee must be paid by
the applicant whenever the personalized plates are required to be replaced by
law, except that as provided in section 168.124, subdivision 3, and 168.125,
subdivision 1b, no fee may be charged to replace plates issued under those sections.
(c) In lieu of the
registration number assigned as provided in subdivision 1, personalized plates
and personalized special veterans plates must have imprinted on them a series
of not more than seven numbers and letters, or five numbers and letters for
personalized special veterans plates, in any combination and, as applicable,
satisfy the design requirements of section 168.123, 168.124, or 168.125. When an applicant has once obtained
personalized plates or
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personalized special
veterans plates, the applicant shall have a prior claim for similar personalized
plates or personalized special veterans plates in the next succeeding year as
long as current motor vehicle registration is maintained.
(d) The commissioner shall
adopt rules in the manner provided by chapter 14, regulating the issuance and transfer
of personalized plates and personalized special veterans plates. No words or combination of letters placed on
these plates may be used for commercial advertising, be of an obscene,
indecent, or immoral nature, or be of a nature that would offend public morals
or decency. The call signals or letters
of a radio or television station are not commercial advertising for the
purposes of this subdivision.
(e) Despite the provisions
of subdivision 1, personalized plates and personalized special veterans plates
issued under this subdivision may be transferred to another motor vehicle
listed in paragraph (a) and owned by the applicant, upon the payment of a fee
of $5.
(f) The commissioner may by
rule specify the format for notification.
(g) A personalized plate or
personalized special veterans plate issued for a classic car, pioneer car,
collector car, street rod, or classic motorcycle may not be transferred to a
vehicle not eligible for such a plate.
(h) Despite any law to the
contrary, if the personalized license plates are lost, stolen, or destroyed,
the applicant may apply and must be issued duplicate license plates bearing the
same combination of letters and numbers and the same design as (1) the former
personalized plates or personalized special veterans plates under section
168.123 upon the payment of the fee required by section 168.29 or (2) the
former personalized special veterans plates issued under section 168.124 or
168.125, without charge.
(i) A personalized vertical
motorcycle plate may be issued upon payment of an additional payment of
$100. The vertical plate must have not
more than four identification characters, cannot be a duplication of any
current or reserved license plate, and must meet the requirements in paragraph
(d).
Sec. 18. Minnesota Statutes 2009 Supplement, section
168.12, subdivision 5, is amended to read:
Subd. 5. Additional
fee. (a) In addition to any fee
otherwise authorized or any tax otherwise imposed upon any vehicle, the payment
of which is required as a condition to the issuance of any plate or plates, the
commissioner shall impose the fee specified in paragraph (b) that is calculated
to cover the cost of manufacturing and issuing the plate or plates, except for
plates issued to disabled veterans as defined in section 168.031 and plates
issued pursuant to section 168.124, 168.125, or 168.27, subdivisions 16 and 17,
for passenger automobiles. The
commissioner shall issue graphic design plates only for vehicles registered
pursuant to section 168.017 and recreational vehicles registered pursuant to
section 168.013, subdivision 1g.
(b) Unless otherwise
specified or exempted by statute, the following plate and validation sticker
fees apply for the original, duplicate, or replacement issuance of a plate in a
plate year:
License Plate Single Double
Regular and Disability $4.50 $6.00
Special $8.50 $10.00
Personalized (Replacement) $10.00 $14.00
Collector Category $13.50 $15.00
Emergency Vehicle Display $3.00 $6.00
Utility Trailer Self-Adhesive $2.50
Vertical Motorcycle Plate $100.00 NA
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Stickers
Duplicate
year $1.00 $1.00
International
Fuel Tax Agreement $2.50
(c) For
vehicles that require two of the categories above, the registrar shall only
charge the higher of the two fees and not a combined total.
Sec. 19. Minnesota Statutes 2008, section 168.123,
subdivision 1, is amended to read:
Subdivision
1. General
requirements; fees. (a) On payment
of a fee of $10 for each set of two plates, or for a single plate in the case
of a motorcycle plate, payment of the registration tax required by law, and
compliance with other applicable laws relating to vehicle registration and
licensing, as applicable, the commissioner shall issue:
(1) special
veteran's plates to an applicant who served in the active military service in a
branch of the armed forces of the United States or of a nation or society allied
with the United States in conducting a foreign war, was discharged under
honorable conditions, and is a registered owner of a passenger automobile,
recreational motor vehicle, or truck resembling a pickup truck and having a
manufacturer's nominal rated capacity of one ton, but which is not a commercial
motor vehicle as defined in section 169.011, subdivision 16; or
(2) a
veteran's special motorcycle plate as described in subdivision 2, paragraph
(a), (f), (h), or (i), or (j), or another special plate designed
by the commissioner to an applicant who is a registered owner of a motorcycle
and meets the criteria listed in this paragraph and in subdivision 2, paragraph
(a), (f), (h), or (i), or (j).
Plates issued under this clause must be the same size as regular
motorcycle plates. Special motorcycle
license plates issued under this clause are not subject to section 168.1293.
(b) The
additional fee of $10 is payable for each set of veteran's plates, is payable
only when the plates are issued, and is not payable in a year in which stickers
are issued instead of plates.
(c) The
veteran must have a certified copy of the veteran's discharge papers,
indicating character of discharge, at the time of application. If an applicant served in the active military
service in a branch of the armed forces of a nation or society allied with the
United States in conducting a foreign war and is unable to obtain a record of
that service and discharge status, the commissioner of veterans affairs may certify
the applicant as qualified for the veterans' plates provided under this
section.
(d) For
license plates issued for one-ton trucks described in paragraph (a), clause
(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected
under paragraph (a). The surcharge must
be deposited in the vehicle services operating account in the special revenue
fund.
Sec. 20. Minnesota Statutes 2008, section 168.123,
subdivision 2, is amended to read:
Subd. 2. Design. The commissioner of veterans affairs
shall design the emblem for the veterans' special plates, subject to the
approval of the commissioner, that satisfy the following requirements:
(a) For a
Vietnam veteran who served after July 1, 1961, and before July 1, 1978, in the
active military service in a branch of the armed forces of the United States or
a nation or society allied with the United States the special plates must bear
the inscription "VIETNAM VET" and the letters "V" and
"V" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
(b) For a
veteran stationed on the island of Oahu, Hawaii, or offshore, during the attack
on Pearl Harbor on December 7, 1941, the special plates must bear the
inscription "PEARL HARBOR SURVIVOR" and the letters "P" and
"H" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
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(c) For a
veteran who served during World War I or World War II, the plates must bear the
inscription "WORLD WAR VET" and:
(1) for a
World War I veteran, the characters "W" and "I" with the
first character directly above the second character and both characters just
preceding the first numeral of the special plate number; or
(2) for a
World War II veteran, the characters "W" and "II" with the
first character directly above the second character and both characters just
preceding the first numeral of the special plate number.
(d) For a
veteran who served during the Korean Conflict, the special plates must bear the
inscription "KOREAN VET" and the letters "K" and
"V" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
(e) For a
combat wounded veteran who is a recipient of the purple heart medal, the plates
must bear the inscription "COMBAT WOUNDED VET" and have a facsimile
on an emblem of the official purple heart medal and the letters "C"
over "W" with the first letter directly over the second letter just
preceding the first numeral of the special plate number.
(f) For a
Persian Gulf War veteran, the plates must bear the inscription "GULF WAR
VET" and the letters "G" and "W" with the first letter
directly above the second letter and both letters just preceding the first
numeral of the special plate number. For
the purposes of this section, "Persian Gulf War veteran" means a
person who served on active duty after August 1, 1990, in a branch of the armed
forces of the United States or a nation or society allied with the United
States or the United Nations during Operation Desert Shield, Operation Desert
Storm, or other military operation in the Persian Gulf area combat zone as
designated in United States Presidential Executive Order No. 12744, dated
January 21, 1991.
(g) For a
veteran who served in the Laos War after July 1, 1961, and before July 1, 1978,
the special plates must bear the inscription "LAOS WAR VET" and the
letters "L" and "V" with the first letter directly above
the second letter and both letters just preceding the first numeral of the
special plate number.
(h) For a
veteran who is the recipient of:
(1) the
Iraq Campaign Medal, the special plates must be inscribed with a facsimile of
that medal and must bear the inscription "IRAQ WAR VET" directly
below the special plate number;
(2) the
Afghanistan Campaign Medal, the special plates must be inscribed with a
facsimile of that medal and must bear the inscription "AFGHAN WAR
VET" directly below the special plate number; or
(3) the
Global War on Terrorism Expeditionary Medal, the special plates must be
inscribed with a facsimile of that medal and must bear the inscription
"GWOT VETERAN" directly below the special plate number; or
(4) the
Armed Forces Expeditionary Medal, the special plates must bear an appropriate
inscription that includes a facsimile of that medal.
(i) For a
veteran who is the recipient of the Global War on Terrorism Service Medal, the
special plates must be inscribed with a facsimile of that medal and must bear
the inscription "GWOT VETERAN" directly below the special plate
number. In addition, any member of the
National Guard or other military reserves who has been ordered to federally
funded state active service under United States Code, title 32, as defined in
section 190.05, subdivision 5b, and who is the recipient of the Global War on
Terrorism Service Medal, is eligible for the license plate described in this
paragraph, irrespective of whether that person qualifies as a veteran under
section 197.447.
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(j) For a
veteran who is the recipient of the Korean Defense Service Medal, the special
plates must be inscribed with a facsimile of that medal and must bear the
inscription "KOREAN DEFENSE SERVICE" directly below the special plate
number.
(k) For a
veteran who is a recipient of the Bronze Star medal, the plates must bear the
inscription "BRONZE STAR VET" and have a facsimile or an emblem of
the official Bronze Star medal.
(l) For a
veteran who is a recipient of the Silver Star medal, the plates must bear the
inscription "SILVER STAR VET" and have a facsimile or an emblem of
the official Silver Star medal.
Sec. 21. Minnesota Statutes 2008, section 168.123, is
amended by adding a subdivision to read:
Subd. 2b. Eligibility;
combat wounded plate. A
member of the United States armed forces who is serving actively in the
military and who is a recipient of the purple heart medal is also eligible for
the license plate under subdivision 2, paragraph (e). The commissioner of public safety shall
ensure that information regarding the required proof of eligibility for any
applicant under this subdivision who has not yet been issued military discharge
papers is distributed to the public officials responsible for administering this
section.
EFFECTIVE DATE. This
section is effective August 1, 2010.
Sec. 22. Minnesota Statutes 2008, section 168.1255,
subdivision 1, is amended to read:
Subdivision
1. General
requirements and procedures. The
commissioner shall issue special veteran contribution plates or a single
motorcycle plate to an applicant who:
(1) is a
veteran, as defined in section 197.447;
(2) is a
registered owner of a passenger automobile, recreational vehicle, one-ton
pickup truck, or motorcycle;
(3) pays a fee
of $10 to cover the costs of handling and manufacturing the plates;
(4) pays
the registration tax required under section 168.013;
(5) pays
the fees required under this chapter;
(6) pays an
additional onetime World War II memorial contribution of $30, which the
department shall retain until all start-up costs associated with the
development and issuing of the plates have been recovered, after which the
commissioner shall deposit contributions in the World War II donation match
account; and
(7)
complies with this chapter and rules governing the registration of motor
vehicles and licensing of drivers.
EFFECTIVE DATE. This
section is effective August 1, 2010.
Sec. 23. Minnesota Statutes 2008, section 168.1293, is
amended to read:
168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION,
DISCONTINUANCE.
Subdivision
1. Definition. For purposes of this section and
section 168.1297, the following terms have the meanings given them:
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(1) "new
special plate" or "proposed special plate" means a
special plate authorized by sections 168.12, subdivisions 2b and 2e;
168.1235; and 168.129, to have wording and graphics that differ from a
Minnesota passenger vehicle plate. that
is not authorized under this chapter and for which legislation authorizing the
plate, including but not limited to a bill or amendment, is introduced or
presented to the legislature; and
(2)
"proximate special plate" means a special plate (i) authorized under
section 168.12, subdivisions 2b and 2e; 168.1235; or 168.129; or (ii)
authorized in law on or after August 1, 2010.
Subd. 1a. Establishment
of plate. The commissioner
may only establish a special plate as authorized under this chapter. This requirement does not apply to
alternative or additional designs for a special plate.
Subd. 2.
Submissions
to commissioner. (a) A person, legal
entity, or other requester, however organized, that plans to seek legislation
establishing a new special plate, or is a proponent of a new special
plate, shall submit the following information and fee to the commissioner:
(1) The
requester shall submit a request for the special plate being sought, describing
the proposed special plate in general terms, the purpose of the
plate, and the proposed fee or minimum contribution required for the plate.
(2) The requester
shall submit the results of a scientific sample survey of Minnesota motor
vehicle owners that indicates that at least 10,000 motor vehicle owners intend
to purchase the proposed plate with the proposed fee or minimum contribution. The requester's plan to undertake the survey
must be reported to the commissioner before the survey is undertaken. The survey must be performed independently of
the requester by another person or legal entity, however organized, that
conducts similar sample surveys in the normal course of business.
(3) The
requester shall submit an application fee of $20,000, to cover the cost of
reviewing the application for a new plate and developing the new special plate
if authorized by law. State funds may
not be used to pay the application fee. This
requirement does not apply if legislation or a bill introduced to the
legislature proposing the new special plate contains a mechanism by which all
costs incurred by the commissioner for development and implementation of the
plate are covered, provided that the application fee subsequently does apply if
such a mechanism is not enacted in the law authorizing the new special plate.
(4) The
requester shall submit a marketing strategy that contains (i) short-term and
long-term marketing plans for the requested plate, and (ii) a financial
analysis showing the anticipated revenues and the planned expenditures of any
fee or contribution derived from the requested plate.
(b) The
requester shall submit the information required under paragraph (a) to the
commissioner at least 120 days before the convening of the next regular
legislative session at which the requester will submit the proposal.
Subd. 2a. Information
for legislature. (a) Within
15 days of the introduction of a bill proposing a new special plate, the
commissioner shall submit a briefing to the chairs and ranking minority members
of the house of representatives and senate committees to which the bill was
referred. At a minimum, the briefing must:
(1)
summarize the requirements for a special plate under this section; and
(2)
identify which of the requirements have been met for the proposed special
plate.
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(b) If a
proposed special plate is a topic of discussion at a legislative committee
hearing, the commissioner shall make every reasonable effort to provide
testimony. The testimony must include
the information required in the briefing under paragraph (a).
(c)
Notwithstanding section 3.195, the commissioner may submit the briefing under
paragraph (a) by submitting an electronic version rather than a printed
version.
Subd. 3. Design;
redesign. (a) If the proposed new
special plate sought by the requester is approved by law, the requester shall
submit the proposed design for the plate to the commissioner as soon as
practicable, but not later than 120 days after the effective date of the law
authorizing issuance of the plate. The
commissioner is responsible for selecting the final design for the special
plate.
(b) The
requester that originally requested a new special plate subsequently
approved by law may not submit a new design for the plate within the five years
following the date of first issuance of the plate unless the inventory of those
plates has been exhausted. The requester
may deplete the remaining inventory of the plates by reimbursing the
commissioner for the cost of the plates.
Subd. 4. Refund
of fee. If the special plate
requested is not authorized in the legislative session at which authorization
was sought, the commissioner shall, if applicable, refund $17,500 of the
application fee to the requester.
Subd. 5. Discontinuance
of plate. (a) The commissioner shall
discontinue the issuance or renewal of any proximate special plate authorized
by sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, if (1)
fewer than 1,000 sets of those plates are currently registered at the end of
the first six years during which the plates are available, or (2) fewer than
1,000 sets of those plates are currently registered at the end of any
subsequent two-year period following the first six years of availability.
(b) The
commissioner shall discontinue the issuance or renewal of any proximate
special plate authorized by sections 168.12, subdivisions 2b and 2e;
168.1235; and 168.129, and distribution of any contributions resulting from
that plate, if the commissioner determines that (1) the fund or requester
receiving the contributions no longer exists, (2) the requester has stopped
providing services that are authorized to be funded from the contribution
proceeds, (3) the requester has requested discontinuance, or (4)
contributions have been used in violation of subdivision 6.
(c) Nothing
in this subdivision applies to plates issued under section 168.123, 168.124,
168.125, 168.1251, or 168.1255.
(d) Upon
commencing discontinuance of a proximate special plate under this subdivision,
the commissioner (1) shall not issue the plate, including as a duplicate;
and (2) shall allow retention of any existing plate for the regular
period. For purposes of this paragraph,
"regular period" may be, as appropriate, the period specified under
section 168.12, subdivision 1; the time until issuance of a duplicate plate for
that vehicle; or as otherwise provided by law.
Subd. 6. Use of
contributions. Contributions made as
a condition of obtaining a proximate special plate authorized by
sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, and
interest earned on the contributions, may not be spent for commercial or
for-profit purposes.
Subd. 7. Deposit
of fee; appropriation. The
commissioner shall deposit the application fee under subdivision 2, paragraph
(a), clause (3), in the vehicle services operating account of the special
revenue fund under section 299A.705. An
amount sufficient to pay the department's cost in implementing and
administering this section, including payment of refunds under subdivision 4,
is appropriated to the commissioner.
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Sec. 24. Minnesota Statutes 2008, section 168.33, subdivision
2, is amended to read:
Subd. 2. Deputy
registrars. (a) The commissioner may
appoint, and for cause discontinue, a deputy registrar for any statutory or
home rule charter city as the public interest and convenience may require, without
regard to whether the county auditor of the county in which the city is
situated has been appointed as the deputy registrar for the county or has been
discontinued as the deputy registrar for the county, and without regard to
whether the county in which the city is situated has established a county
license bureau that issues motor vehicle licenses as provided in section
373.32.
(b) The
commissioner may appoint, and for cause discontinue, a deputy registrar for any
statutory or home rule charter city as the public interest and convenience may
require, if the auditor for the county in which the city is situated chooses
not to accept appointment as the deputy registrar for the county or is
discontinued as a deputy registrar, or if the county in which the city is
situated has not established a county license bureau that issues motor vehicle
licenses as provided in section 373.32.
The individual appointed by the commissioner as a deputy registrar for
any statutory or home rule charter city must be a resident of the county in
which the city is situated.
(c) The
commissioner may appoint, and for cause discontinue, the county auditor of each
county as a deputy registrar.
(d) Despite
any other provision, a person other than a county auditor or a director of a
county license bureau, who was appointed by the registrar before August 1,
1976, as a deputy registrar for any statutory or home rule charter city, may
continue to serve as deputy registrar and may be discontinued for cause only by
the commissioner. The county auditor who
appointed the deputy registrars is responsible for the acts of deputy
registrars appointed by the auditor.
(e) Each
deputy, before entering upon the discharge of duties, shall take and subscribe
an oath to faithfully discharge the duties and to uphold the laws of the state.
(f) If a
deputy registrar appointed under this subdivision is not an officer or employee
of a county or statutory or home rule charter city, the deputy shall in
addition give bond to the state in the sum of $10,000, or a larger sum as may
be required by the commissioner, conditioned upon the faithful discharge of
duties as deputy registrar.
(g) Until
January 1, 2012, A corporation governed by chapter 302A or 317A may
be appointed a deputy registrar. Upon
application by an individual serving as a deputy registrar and the giving of
the requisite bond as provided in this subdivision, personally assured by the
individual or another individual approved by the commissioner, a corporation
named in an application then becomes the duly appointed and qualified successor
to the deputy registrar. The
appointment of any corporation as a deputy registrar expires January 1,
2012. The commissioner shall appoint an
individual as successor to the corporation as a deputy registrar. The commissioner shall appoint as the
successor agent to a corporation whose appointment expires under this paragraph
an officer of the corporation if the officer applies for appointment before
July 1, 2012.
(h) Each
deputy registrar appointed under this subdivision shall keep and maintain
office locations approved by the commissioner for the registration of vehicles
and the collection of taxes and fees on vehicles.
(i) The
deputy registrar shall keep records and make reports to the commissioner as the
commissioner requires. The records must
be maintained at the offices of the deputy registrar. The records and offices of the deputy
registrar must at all times be open to the inspection of the commissioner or
the commissioner's agents. The deputy
registrar shall report to the commissioner by the next working day following
receipt all registrations made and taxes and fees collected by the deputy
registrar.
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(j) The
filing fee imposed under subdivision 7 must be deposited in the treasury of the
place for which appointed or, if not a public official, a deputy shall retain
the filing fee, but the registration tax and any additional fees for delayed
registration the deputy registrar has collected the deputy registrar shall
deposit by the next working day following receipt in an approved state
depository to the credit of the state through the commissioner of management
and budget. The place for which the
deputy registrar is appointed through its governing body must provide the
deputy registrar with facilities and personnel to carry out the duties imposed
by this subdivision if the deputy is a public official. In all other cases, the deputy shall maintain
a suitable facility for serving the public.
Sec. 25. Minnesota Statutes 2008, section 168B.06,
subdivision 1, is amended to read:
Subdivision
1. Written
notice 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 must:
(1) set
forth the date and place of the taking;
(2) provide
the year, make, model, and serial number of the impounded motor vehicle, if
such information can be reasonably obtained, and the place where the vehicle is
being held;
(3) inform
the owner and any lienholders of their right to reclaim the vehicle under
section 168B.07;
(4) state
that failure of the owner or lienholders to:
(i)
exercise their right to reclaim the vehicle within the appropriate time allowed
under section 168B.051, subdivision 1, 1a, or 2, and under the conditions set
forth in section 168B.07, subdivision 1, constitutes a waiver by them of all
right, title, and interest in the vehicle and a consent to the transfer of
title to and disposal or sale of the vehicle pursuant to section 168B.08; or
(ii)
exercise their right to reclaim the contents of the vehicle within the
appropriate time allowed and under the conditions set forth in section 168B.07,
subdivision 3, constitutes a waiver by them of all right, title, and interest
in the contents and consent to sell or dispose of the contents under section
168B.08; and
(5) state
that a vehicle owner who provides to the impound lot operator documentation
from a government or nonprofit agency or legal aid office that the owner is
homeless, receives relief based on need, or 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. 26. Minnesota Statutes 2008, section 168B.07,
subdivision 3, is amended 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.
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(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, or 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. 27. Minnesota Statutes 2008, section 169.041,
subdivision 5, is amended to read:
Subd. 5. Towing
prohibited. Unless the vehicle is
described in subdivision 4, (a) A towing authority may not tow a
motor vehicle because:
(1) the
vehicle has expired registration tabs that have been expired for less than 90
days; or
(2) the
vehicle is at a parking meter on which the time has expired and the vehicle has
fewer than five unpaid parking tickets.
(b) A towing
authority may tow a motor vehicle, notwithstanding paragraph (a), if:
(1) the
vehicle is parked in violation of snow emergency regulations;
(2) the
vehicle is parked in a rush-hour restricted parking area;
(3) the
vehicle is blocking a driveway, alley, or fire hydrant;
(4) the vehicle
is parked in a bus lane, or at a bus stop, during hours when parking is
prohibited;
(5) the
vehicle is parked within 30 feet of a stop sign and visually blocking the stop
sign;
(6) the
vehicle is parked in a disability transfer zone or disability parking space
without a disability parking certificate or disability license plates;
(7) the
vehicle is parked in an area that has been posted for temporary restricted
parking (A) at least 12 hours in advance in a home rule charter or statutory
city having a population under 50,000, or (B) at least 24 hours in advance in
another political subdivision;
(8) the
vehicle is parked within the right-of-way of a controlled-access highway or
within the traveled portion of a public street when travel is allowed there;
(9) the
vehicle is unlawfully parked in a zone that is restricted by posted signs to
use by fire, police, public safety, or emergency vehicles;
(10) the
vehicle is unlawfully parked on property at the Minneapolis-St. Paul International
Airport owned by the Metropolitan Airports Commission;
(11) a law
enforcement official has probable cause to believe that the vehicle is stolen,
or that the vehicle constitutes or contains evidence of a crime and impoundment
is reasonably necessary to obtain or preserve the evidence;
(12) the
driver, operator, or person in physical control of the vehicle is taken into
custody and the vehicle is impounded for safekeeping;
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(13) a law
enforcement official has probable cause to believe that the owner, operator, or
person in physical control of the vehicle has failed to respond to five or more
citations for parking or traffic offenses;
(14) the
vehicle is unlawfully parked in a zone that is restricted by posted signs to
use by taxicabs;
(15) the
vehicle is unlawfully parked and prevents egress by a lawfully parked vehicle;
(16) the
vehicle is parked, on a school day during prohibited hours, in a school zone on
a public street where official signs prohibit parking; or
(17) the
vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section
168B.011, and subject to immediate removal under chapter 168B.
Sec. 28. Minnesota Statutes 2008, section 169.041, is
amended by adding a subdivision to read:
Subd. 5a. Quick
clearance. (a) For purposes
of this subdivision:
(1)
"road" includes the roadway, a lane for vehicular traffic, shoulder,
on-ramp, and off-ramp of a street or highway, including a parkway; and
(2)
"obstructions" includes motor vehicles, debris, personal property,
and cargo.
(b) Within
the Department of Transportation's eight-county metropolitan district, the
department and the State Patrol may move, remove, or cause to remove
obstructions from a road if:
(1) there
has been a traffic incident involving a collision, accident, or spilled load;
(2) the
obstructions block a road or aggravate an emergency on a road; and
(3) the
department cooperates with the State Patrol and private towing or recovery
companies authorized by the State Patrol concerning towing of the vehicle and
removal of other obstructions.
(c) The State
Patrol shall make a reasonable effort to contact the owner of the motor vehicle
or other obstructions before undertaking an action under this subdivision.
(d) The
department shall make a reasonable effort to allow the owner of the motor
vehicle to arrange for its removal, taking into account any time delay and
safety issues, and shall give due consideration to having the vehicle towed by
a licensed towing service capable of safely moving the vehicle.
(e) Towing
charges accrued by the owner or owners of the vehicle must be reasonable for
the type of vehicle removed and the circumstances surrounding its removal.
Sec. 29. Minnesota Statutes 2008, section 169.15, is
amended to read:
169.15 IMPEDING TRAFFIC; INTERSECTION GRIDLOCK.
Subdivision
1. Impeding traffic; drive at slow speed. No person shall drive a motor vehicle at
such a slow speed as to impede or block the normal and reasonable movement of
traffic except when reduced speed is necessary for safe operation or in
compliance with law or except when the vehicle is temporarily unable to
maintain a greater speed due to a combination of the weight of the vehicle and
the grade of the highway.
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Subd. 2. Intersection
gridlock; stop or block traffic. (a)
Except as provided in paragraph (b), a driver of a vehicle shall not enter an
intersection controlled by a traffic-control signal until the driver is able to
move the vehicle immediately, continuously, and completely through the
intersection without impeding or blocking the subsequent movement of cross
traffic.
(b)
Paragraph (a) does not apply to movement of a vehicle made:
(1) at the
direction of a city-authorized traffic-control agent or a peace officer;
(2) to
facilitate passage of an authorized emergency vehicle with its emergency lights
activated; or
(3) to make
a turn, as permitted under section 169.19, that allows the vehicle to safely leave
the intersection.
(c) A
violation of this subdivision does not constitute grounds for suspension or
revocation of the violator's driver's license.
EFFECTIVE
DATE. This section is effective January 1, 2011, and applies to acts committed
on or after that date.
Sec. 30. Minnesota Statutes 2008, section 169.26, is
amended by adding a subdivision to read:
Subd. 4. Pedestrians;
penalty. (a) A pedestrian
shall not pass through, around, over, or under any crossing gate or barrier at
a railroad grade crossing while the gate or barrier is closed or is being
opened or closed.
(b) A
pedestrian shall not enter, remain upon, or traverse over a railroad track,
grade crossing, or pedestrian walkway crossing a railroad track when an audible
bell or clearly visible electric or mechanical signal device is operational and
warning of the presence, approach, passage, or departure of a railroad train.
(c) A
person who violates this subdivision is subject to a fine of up to $100.
Sec. 31. Minnesota Statutes 2008, section 169.306, is
amended to read:
169.306 USE OF SHOULDERS BY BUSES.
(a) The
commissioner of transportation may is authorized to permit the
use by transit buses and Metro Mobility buses of a shoulder, as designated
by the commissioner, of a freeway or expressway, as defined in section
160.02, in the seven-county metropolitan area in Minnesota.
(b) If the
commissioner permits the use of a freeway or expressway shoulder by transit
buses, the commissioner shall also permit the use on that shoulder of a
bus (1) with a seating capacity of 40 passengers or more operated by a
motor carrier of passengers, as defined in section 221.012, subdivision 26,
while operating in intrastate commerce or (2) providing regular route
transit service, as defined in section 174.22, subdivision 8, or Metro Mobility
services, and operated by or under contract with the Metropolitan Council, a
local transit authority, or a transit authority created by the
legislature. Drivers of these buses must
have adequate training in the requirements of paragraph (c), as determined by
the commissioner.
(c) Buses
authorized to use the shoulder under this section may be operated on the
shoulder only when main-line traffic speeds are less than 35 miles per
hour. Drivers of buses being operated on
the shoulder may not exceed the speed of main-line traffic by more than 15
miles per hour and may never exceed 35 miles per hour. Drivers of buses being operated on the
shoulder must yield to merging, entering, and exiting traffic and must yield to
other vehicles on the shoulder. Buses
operated on the shoulder must be registered with the Department of
Transportation.
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(d) For the
purposes of this section, the term "Metro Mobility bus" means a motor
vehicle of not less than 20 feet in length engaged in providing special
transportation services under section 473.386 that is:
(1)
operated by the Metropolitan Council, or operated by or under
contract with a public or private entity receiving financial assistance
to provide transit services from the Metropolitan Council or the
commissioner of transportation; and
(2)
authorized by the council commissioner to use freeway or
expressway shoulders.
(e) This
section does not apply to the operation of buses on dynamic shoulder lanes.
Sec. 32. Minnesota Statutes 2009 Supplement, section
169.71, subdivision 1, is amended to read:
Subdivision 1. Prohibitions generally; exceptions. (a) A person shall not drive or operate
any motor vehicle with:
(1) a
windshield cracked or discolored to an extent to limit or obstruct proper
vision;
(2) any
objects suspended between the driver and the windshield, other than:
(i) sun
visors;
(ii)
rearview mirrors;
(iii)
driver feedback and safety-monitoring equipment when mounted immediately
behind, slightly above, or slightly below the rearview mirror;
(iii) (iv)
global positioning systems or navigation systems when mounted or located near
the bottommost portion of the windshield; and
(iv) (v)
electronic toll collection devices; or
(3) any
sign, poster, or other nontransparent material upon the front windshield, sidewings,
or side or rear windows of the vehicle, other than a certificate or other paper
required to be so displayed by law or authorized by the state director of the
Division of Emergency Management or the commissioner of public safety.
(b)
Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.
(c)
Paragraph (a), clause (2), does not apply to authorized emergency vehicles.
Sec. 33. Minnesota Statutes 2008, section 169.79,
subdivision 3, is amended to read:
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 or vertically, for a motorcycle issued vertical
license plates under section 168.12, subdivision 2a, 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.
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Sec. 34. Minnesota Statutes 2009 Supplement, section
169.865, subdivision 1, is amended to read:
Subdivision
1. Six-axle
vehicles. (a) A road authority may
issue an annual permit authorizing a vehicle or combination of vehicles with a
total of six or more axles to haul raw or unprocessed agricultural products and
be operated with a gross vehicle weight of up to:
(1) 90,000
pounds; and
(2) 99,000
pounds during the period set by the commissioner under section 169.826,
subdivision 1.
(b)
Notwithstanding subdivision 4 3, paragraph (a), clause (4), a
vehicle or combination of vehicles operated under this subdivision and
transporting only sealed intermodal containers may be operated on an interstate
highway if allowed by the United States Department of Transportation.
(c) The fee
for a permit issued under this subdivision is $300.
EFFECTIVE DATE. This
section is effective retroactively from July 1, 2008.
Sec. 35. Minnesota Statutes 2008, section 169.87, is
amended by adding a subdivision to read:
Subd. 7. Cargo
tank vehicles. (a) Weight
restrictions imposed by the commissioner under subdivisions 1 and 2 do not
apply to cargo tank vehicles with two or three permanent axles when delivering
propane for heating or dyed fuel oil on seasonally weight-restricted roads if
the vehicle is loaded at no more than 50 percent capacity of the cargo tank.
(b) To be
exempt from weight restrictions under paragraph (a), a cargo tank vehicle used
for propane must have an operating gauge on the cargo tank that shows the
amount of propane as a percent of capacity of the cargo tank. Documentation of the capacity of the cargo
tank must be available on the cargo tank or in the cab of the vehicle. For purposes of this subdivision, propane
weighs 4.2 pounds per gallon.
(c) To be
exempt from weight restrictions under paragraph (a), a cargo tank vehicle used
for dyed fuel oil must utilize the forward two tank compartments and must carry
documentation of the empty weight of the cargo tank vehicle from a certified
scale in the cab of the vehicle. For purposes
of this subdivision, dyed fuel oil weighs seven pounds per gallon.
(d) To the
extent practicable, cargo tank vehicles that are exempt from weight
restrictions under paragraph (a) shall complete deliveries on seasonally weight
restricted roads by 12:00 p.m. and before the last week of April.
Sec. 36. Minnesota Statutes 2009 Supplement, section
171.02, subdivision 2b, is amended to read:
Subd. 2b. Exception
for type III vehicle drivers. (a)
Notwithstanding subdivision 2, the holder of a class A, B, C, or D driver's
license, without a school bus endorsement, may operate a type III vehicle
described in section 169.011, subdivision 71, paragraph (h), under the
conditions in paragraphs (b) through (o).
(b) The
operator is an employee of the entity that owns, leases, or contracts for the
school bus.
(c) The
operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:
(1) safe
operation of a type III vehicle;
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(2) understanding student
behavior, including issues relating to students with disabilities;
(3) encouraging orderly
conduct of students on the bus and handling incidents of misconduct
appropriately;
(4) knowing and understanding
relevant laws, rules of the road, and local school bus safety policies;
(5) handling emergency
situations;
(6) proper use of seat belts
and child safety restraints;
(7) performance of pretrip
vehicle inspections;
(8) safe loading and unloading
of students, including, but not limited to:
(i) utilizing a safe
location for loading and unloading students at the curb, on the nontraffic side
of the roadway, or at off-street loading areas, driveways, yards, and other
areas to enable the student to avoid hazardous conditions;
(ii) refraining from loading
and unloading students in a vehicular traffic lane, on the shoulder, in a
designated turn lane, or a lane adjacent to a designated turn lane;
(iii) avoiding a loading or
unloading location that would require a pupil to cross a road, or ensuring that
the driver or an aide personally escort the pupil across the road if it is
not reasonably feasible to avoid such a location; and
(iv) placing the type III
vehicle in "park" during loading and unloading; and
(v) escorting a pupil across
the road under clause (iii) only after the motor is stopped, the ignition key
is removed, the brakes are set, and the vehicle is otherwise rendered immobile;
and
(9) compliance with
paragraph (k), concerning reporting certain convictions to the employer within
ten days of the date of conviction.
(d) A background check or
background investigation of the operator has been conducted that meets the
requirements under section 122A.18, subdivision 8, or 123B.03 for school
district employees; section 144.057 or chapter 245C for day care employees; or
section 171.321, subdivision 3, for all other persons operating a type A or
type III vehicle under this subdivision.
(e) Operators shall submit
to a physical examination as required by section 171.321, subdivision 2.
(f) The operator's employer
requires preemployment drug and alcohol testing of applicants for
operator positions. Current operators must comply with the
employer's policy under section 181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the contrary,
the operator's employer may use a breathalyzer or similar device to fulfill
random alcohol testing requirements.
(g) The operator's driver's
license is verified annually by the entity that owns, leases, or contracts for
the school bus type III vehicle as required under section
171.321, subdivision 5.
(h) A person who sustains a
conviction, as defined under section 609.02, of violating section 169A.25,
169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under
sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of
violating or whose driver's license is revoked under a similar statute or
ordinance of another state, is precluded from operating a type III vehicle for
five years from the date of conviction.
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(i) A
person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a type III vehicle
under this subdivision.
(j) A person who sustains a
conviction, as defined under section 609.02, of a moving offense in violation
of chapter 169 within three years of the first of three other moving offenses
is precluded from operating a type III vehicle for one year from the date of
the last conviction.
(k) An operator who sustains
a conviction as described in paragraph (h), (i), or (j) while employed by the
entity that owns, leases, or contracts for the school bus, shall report the
conviction to the employer within ten days of the date of the conviction.
(l) Students riding the type
III vehicle must have training required under section 123B.90, subdivision 2.
(m) Documentation of meeting
the requirements listed in this subdivision must be maintained under separate
file at the business location for each type III vehicle operator. The business manager, school board, governing
body of a nonpublic school, or any other entity that owns, leases, or contracts
for the type III vehicle operating under this subdivision is responsible for
maintaining these files for inspection.
(n) The type III vehicle
must bear a current certificate of inspection issued under section 169.451.
(o) An employee of a school
or of a school district, who is not employed for the sole purpose of operating
a type III vehicle, is exempt from paragraphs (e) and (f).
EFFECTIVE DATE. This section is effective July 1, 2010.
Sec. 37. Minnesota Statutes 2008, section 171.321,
subdivision 2, is amended to read:
Subd. 2. Rules. (a) The commissioner of public safety
shall prescribe rules governing (1) the physical qualifications of
school bus drivers and tests required to obtain a school bus endorsement,
and (2) the physical qualifications of type III vehicle drivers.
(b) The rules under
paragraph (a) must provide that an applicant for a school bus endorsement
or renewal is exempt from the physical qualifications and medical examination
required to operate a school bus upon providing evidence of being medically
examined and certified within the preceding 24 months as physically qualified
to operate a commercial motor vehicle, pursuant to Code of Federal Regulations,
title 49, part 391, subpart E, or rules of the commissioner of transportation
incorporating those federal regulations.
The commissioner shall accept physical examinations for school bus
drivers conducted by medical examiners authorized as provided by Code of
Federal Regulations, title 49, chapter 3, part 391, subpart E.
(b) (c) The commissioner
of public safety, in conjunction with the commissioner of education, shall
adopt rules prescribing a training program for Head Start bus drivers. The program must provide for initial
classroom and behind-the-wheel training, and annual in-service training. The program must provide training in
defensive driving, human relations, emergency and accident procedures, vehicle
maintenance, traffic laws, and use of safety equipment. The program must provide that the training
will be conducted by the contract operator for a Head Start agency, the Head
Start grantee, a licensed driver training school, or by another person or entity
approved by both commissioners.
(d) The commissioner may
exempt a type III vehicle driver from the physical qualifications required to
operate a type III vehicle upon receiving evidence of the driver having been
medically examined and certified within the preceding 24 months as physically
qualified to operate a commercial motor vehicle as provided for applicants for
a school bus endorsement under paragraph (b).
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Sec. 38. Minnesota Statutes 2008, section 174.01,
subdivision 1, is amended to read:
Subdivision 1. Department
created. In order to provide a
balanced an integrated transportation system, including of
aeronautics, highways, motor carriers, ports, public transit, railroads, and
pipelines, and including facilities for walking and bicycling, a
Department of Transportation is created.
The department is the principal agency of the state for development,
implementation, administration, consolidation, and coordination of state
transportation policies, plans, and programs.
Sec. 39. Minnesota Statutes 2008, section 174.01,
subdivision 2, is amended to read:
Subd. 2. Transportation
goals. The goals of the state
transportation system are as follows:
(1) to provide safe
transportation minimize fatalities and injuries for transportation
users throughout the state;
(2) to provide multimodal
and intermodal transportation that enhances mobility and economic
development and provides access to all persons and businesses in Minnesota
while ensuring that there is no facilities and services to increase
access for all persons and businesses and to ensure economic well-being and
quality of life without undue burden placed on any community;
(3) to provide a reasonable
travel time for commuters;
(4) to enhance economic
development and provide for the economical, efficient, and safe movement of
goods to and from markets by rail, highway, and waterway;
(5) to encourage tourism by
providing appropriate transportation to Minnesota facilities designed to
attract tourists and to enhance the appeal, through transportation
investments, of tourist destinations across the state;
(6) to provide transit
services throughout to all counties in the state to meet the
needs of transit users;
(7) to promote productivity
accountability through system systematic management of
system performance and productivity through the utilization of
technological advancements;
(8) to maximize the
long-term benefits received for each state transportation investment;
(9) to provide for and
prioritize funding for of transportation investments
that, at a minimum, preserves the transportation infrastructure ensures
that the state's transportation infrastructure is maintained in a state of good
repair;
(10) to ensure that the
planning and implementation of all modes of transportation are consistent with
the environmental and energy goals of the state;
(11) to promote and increase
the use of high-occupancy vehicles and low-emission vehicles;
(12) to provide an air
transportation system sufficient to encourage economic growth and allow all
regions of the state the ability to participate in the global economy;
(13) to increase transit
use of transit as a percentage of all trips statewide by giving highest
priority to the transportation modes with
the greatest people-moving capacity and lowest long-term economic and
environmental cost;
(14) to promote and increase
bicycling and walking as a percentage of all trips as an
energy-efficient, nonpolluting, and healthful form healthy forms
of transportation;
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(15) to
reduce greenhouse gas emissions from the state's transportation sector; and
(16) to
accomplish these goals with minimal impact on the environment.
Sec. 40. Minnesota Statutes 2008, section 174.02,
subdivision 1a, is amended to read:
Subd. 1a. Mission;
efficiency; legislative report, recommendations. It is part of the department's mission
that within the department's resources the commissioner shall endeavor to:
(1) prevent
the waste or unnecessary spending of public money;
(2) use
innovative fiscal and human resource practices to manage the state's resources
and operate the department as efficiently as possible;
(3)
minimize the degradation of air and, water quality, and the
climate, including reduction in greenhouse gas emissions;
(4)
coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;
(5) use
technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase
public participation in the business of government;
(6) utilize
constructive and cooperative labor-management practices to the extent otherwise
required by chapters 43A and 179A;
(7) report
to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to
section 16A.10, subdivision 1; and
(8)
recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the department.
Sec. 41. [174.186]
DISADVANTAGED BUSINESS ENTERPRISE COLLABORATIVE.
Subdivision
1. Establishment; purpose. (a)
The commissioner of transportation shall convene regular meetings of the
disadvantaged business enterprise program and workforce inclusion
collaborative, as constituted by the commissioner as of January 1, 2010.
(b) The
collaborative shall review and evaluate the commissioner's implementation of
the disadvantaged business enterprise program, under Code of Federal
Regulations, title 49, and recommend changes, including possible legislation,
to improve the effectiveness of the program in this state. At a minimum, the collaborative shall review,
evaluate, and recommend program changes where necessary in the following areas:
(1) an
on-the-job training program to increase the diversity of the workforce on
projects;
(2)
on-the-job trainee tracking and retention;
(3) a
mentor and protégé program for small, disadvantaged business entrepreneurs;
(4)
requirements for participation of disadvantaged business enterprises at the
time of letting bids for contracts;
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(5) a
coordinated access point to recruit disadvantaged business enterprises and a
diverse workforce;
(6)
objective measures for good-faith efforts to recruit disadvantaged business
enterprises;
(7) a
working capital fund for small disadvantaged business enterprises;
(8)
increased transparency for results in the on-the-job training and disadvantaged
business enterprise programs;
(9) civil
rights program training;
(10) a
targeted group business program for state-funded projects; and
(11) coding
systems and dual goals for women and people of color.
(c) The commissioner
shall provide staff and administrative support for the collaborative and shall
establish policies and procedures for the collaborative, including quorum
requirements and majority decision making.
(d) The
representatives of the Department of Transportation with responsibility for
civil rights and contracting shall participate in collaborative meetings and
deliberations.
(e) Members
of the collaborative do not receive compensation or reimbursement of expenses.
Subd. 2. Powers
and duties; report. (a) The
collaborative shall develop recommendations to the commissioner and to the
legislature as provided in paragraph (b) designed to implement fully the
federal Disadvantaged Business Enterprise program in this state and to improve
the effectiveness of the program. These
recommendations, including any draft legislation if the collaborative decides
to recommend legislation, may include, but are not limited to, strategies,
policies, and actions focused on:
(1)
requiring bid proposals to include information on disadvantaged business
enterprise participation;
(2)
defining and implementing appropriate accountability measures when
disadvantaged business enterprise contract goals are not met in accordance with
Code of Federal Regulations, title 49;
(3) sponsoring
disadvantaged business enterprise training and development workshops; and
(4)
strengthening the content and frequency of department reporting requirements
relating to the disadvantaged business enterprise program.
(b) The collaborative
shall report its findings and legislative recommendations, including draft
legislation if the collaborative decides to recommend legislation, to the
chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over transportation policy and finance by February 1,
2011. The report must be made available
electronically and available in print upon request.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 42. Minnesota Statutes 2008, section 174.22, is
amended by adding a subdivision to read:
Subd. 14a. State
sources of funds. "State
sources of funds" means funding for the public transit participation
program appropriated from (1) the general fund, and (2) the greater Minnesota
transit account.
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Sec. 43. Minnesota Statutes 2008, section 174.23,
subdivision 1, is amended to read:
Subdivision
1. General. (a) The commissioner shall have
all powers necessary and convenient to carry out the provisions of sections
174.21 to 174.27 including the power to:
(1) review
applications for financial assistance, execute contracts, and obligate and
expend program funds, upon conditions and limitations as the commissioner deems
necessary for purposes of program and project implementation, operation, and
evaluation,;
(2) accept
and disburse federal funds available for the purposes of sections 174.21 to
174.27, and such funds are appropriated to the commissioner; and
(3) act
upon request as the designated agent of any eligible person for the receipt and
disbursal of federal funds.
(b) The commissioner
shall perform the duties and exercise the powers under sections 174.21 to
174.27 in coordination with and in furtherance of statewide, regional, and
local transportation plans and transportation development programs. The commissioner shall set guidelines for
financial assistance under the public transit subsidy program. The commissioner shall present any proposed
guidelines regarding public transit financial assistance to a legislative
committee composed of equal numbers appointed by the house of representatives
local and urban affairs and senate transportation committees. The commissioner shall not implement any new
guidelines regarding public transit financial assistance, between the period
January 1, 1981 to April 15, 1982, without the prior approval of that
committee.
Sec. 44. Minnesota Statutes 2008, section 174.23,
subdivision 2, is amended to read:
Subd. 2. Financial
assistance; application, approval.
(a) The commissioner shall seek out and select eligible
recipients of financial assistance under sections 174.21 to 174.27.
(b) The
commissioner shall establish by rule the procedures and standards for review
and approval of applications for financial assistance submitted to the
commissioner pursuant to sections 174.21 to 174.27. Any applicant shall provide to the
commissioner any financial or other information required by the commissioner to
carry out the commissioner's duties. The
commissioner may require local contributions from applicants as a condition for
receiving financial assistance.
(c) Before the
commissioner approves any grant, the application for the grant shall may
be reviewed and approved by the appropriate regional development
commission only for consistency with regional transportation plans and
development guides. If an applicant
proposes a project within the jurisdiction of a transit authority or commission
or a transit system assisted or operated by a city or county, the application
shall also be reviewed by that commission, authority, or political subdivision
for consistency with its transit programs, policies, and plans. Any regional development commission that
has not adopted a transportation plan may review but may not approve or
disapprove of any application.
Sec. 45. Minnesota Statutes 2009 Supplement, section
174.24, subdivision 1a, is amended to read:
Subd. 1a. Transit
service needs implementation Greater Minnesota transit investment
plan. (a) The commissioner
shall develop a greater Minnesota transit service needs
implementation investment plan that contains a goal of meeting at
least 80 percent of unmet total transit service needs in greater
Minnesota by July 1, 2015, and meeting at least 90 percent of unmet total
transit service needs in greater Minnesota by July 1, 2025.
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(b) The plan
must include, but is not limited to, the following:
(1) an
analysis of ridership and total transit service needs throughout greater
Minnesota;
(2) a
calculation of unmet needs; an assessment of the level and type of
service required to meet unmet total transit service needs,
for the transit system classifications as provided under subdivision 3b, paragraph
(c), of urbanized area, small urban area, rural area, and elderly and disabled
service;
(3) an
analysis of costs and revenue options; and,
(4) a plan to
reduce unmet total transit service needs as specified in this
subdivision; and
(5) identification
of the operating and capital costs necessary to meet 100 percent of the greater
Minnesota transit targeted and projected bus service hours, as identified in
the greater Minnesota transit plan, for 2010, 2015, 2020, 2025, and 2030.
(c) The plan
must specifically address special transportation service ridership and
needs. The plan must also provide that
recipients of operating assistance under this section provide fixed route
public transit service without charge for disabled veterans in accordance with
subdivision 7. 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.
Sec. 46. Minnesota Statutes 2008, section 174.24,
subdivision 2, is amended to read:
Subd. 2. Eligibility;
application. Any legislatively
established public transit commission or authority, any county or statutory or
home rule charter city providing financial assistance to or operating public
transit, any private operator of public transit, or any combination thereof is
eligible to receive financial assistance through the public transit
participation program. Except as
provided in subdivision 2b for assistance provided from federal funds,
eligible recipients must be located outside of the metropolitan area.
Sec. 47. Minnesota Statutes 2008, section 174.24, is
amended by adding a subdivision to read:
Subd. 2b. Federal
aid. (a) The commissioner may
accept and disburse federal funds received and appropriated under section
174.23, subdivision 1, as an additional source of funds for implementing the
public transit participation program established in this section. This authority includes, but is not limited
to:
(1)
adopting administrative rules to establish financial assistance allocation
priorities, identify factors to consider in reviewing an applicant's management
plan, evaluate a request for financial assistance, and determine the amount of
financial assistance to be provided; and
(2)
establishing project selection criteria under the United States Code, title 49,
section 5311, state management plan as approved by the Federal Transit
Administration, United States Department of Transportation.
(b) If the
commissioner accepts and disburses federal funds as provided in paragraph (a),
the commissioner shall:
(1)
maintain separate accounts for (i) state sources of funds, and (ii) federal
sources of funding; and
(2) ensure
that all state sources of funds are only used for assistance to eligible recipients
as provided in subdivision 2.
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Sec. 48. Minnesota Statutes 2008, section 174.24, subdivision
3b, is amended to read:
Subd. 3b. Operating
assistance; recipient classifications. (a)
The commissioner shall determine the total operating cost of any public transit
system receiving or applying for assistance in accordance with generally accepted
accounting principles. To be eligible
for financial assistance, an applicant or recipient shall provide to the
commissioner all financial records and other information and shall permit any
inspection reasonably necessary to determine total operating cost and
correspondingly the amount of assistance that may be paid to the applicant or
recipient. Where more than one county or
municipality contributes assistance to the operation of a public transit
system, the commissioner shall identify one as lead agency for the purpose of
receiving money under this section.
(b) Prior to
distributing operating assistance to eligible recipients for any contract
period, the commissioner shall place all recipients into one of the following
classifications: urbanized area service,
small urban area service, rural area service, and elderly and disabled service.
(c) The
commissioner shall distribute funds under this section so that the percentage
of total contracted operating cost paid by any recipient from local
sources will not exceed the percentage for that recipient's classification,
except as provided in an undue hardship case this subdivision. The percentages must be:
(1) for
urbanized area service and small urban area service, 20 percent;
(2) for rural
area service, 15 percent; and
(3) for elderly
and disabled service, 15 percent.
Except as
provided in a United States Department of Transportation program allowing or
requiring a lower percentage to be paid from local sources, the
remainder of the recipient's total contracted operating cost will
be paid from state sources of funds less any assistance received by the
recipient from any federal source the United States Department of
Transportation.
(d) For
purposes of this subdivision, "local sources" means all local sources
of funds and includes all operating revenue, tax levies, and contributions from
public funds, except that the commissioner may exclude from the total
assistance contract revenues derived from operations the cost of which is
excluded from the computation of total operating cost. Total operating costs of the Duluth
Transit Authority or a successor agency does not include costs related to the
Superior, Wisconsin service contract and the Independent School District
No. 709 service contract.
(c) (e)
If a recipient informs the commissioner in writing after the establishment of
these percentages but prior to the distribution of financial assistance for any
year that paying its designated percentage of total operating cost from local
sources will cause undue hardship, the commissioner may reduce the percentage
to be paid from local sources by the recipient and increase the percentage to
be paid from local sources by one or more other recipients inside or outside
the classification. However, the
commissioner may not reduce or increase any recipient's percentage under this
paragraph for more than two years successively.
If for any year the funds appropriated to the commissioner to carry out
the purposes of this section are insufficient to allow the commissioner to pay
the state share of total operating cost as provided in this paragraph, the
commissioner shall reduce the state share in each classification to the extent
necessary.
Sec. 49. Minnesota Statutes 2009 Supplement, section
174.24, subdivision 5, is amended to read:
Subd. 5. Method
of payment, operating assistance. Payments
for operating assistance under this section from state sources of funds
must be made in the following manner:
(a) For
payments made from the general fund:
(1) 50
percent of the total contract amount in or before the first month of operation;
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12325
(2) 40
percent of the total contract amount in or before the seventh month of
operation;
(3) 9
percent of the total contract amount in or before the 12th month of operation;
and
(4) 1
percent of the total contract amount after the final audit.
(b) For payments
made from the greater Minnesota transit account:
(1) 50
percent of the total contract amount in or before the seventh month of
operation; and
(2) 50
percent of the total contract amount in or before the 11th month of operation.
Sec. 50. Minnesota Statutes 2008, section 174.247, is
amended to read:
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:
(i) the
operating and capital costs;
(ii) each of
the funding sources used to provide financial assistance; and
(iii) for
federal funds, the amount from each specific federal program under which
funding is provided;
(6) a
summary of the differences in program implementation requirements and aid
recipient eligibility between federal aid and state sources of funds;
(7) in each
odd-numbered year, an analysis of public transit system needs and operating
expenditures on an annual basis, which must include a methodology for
identifying monetary needs, and calculations of:
(i) the
total monetary needs for all public transit systems, for the year of the report
and the ensuing five years;
(ii) the
total expenditures from local sources for each transit system classification;
(iii) the
comprehensive transit assistance percentage for each transit system
classification, which equals (A) the expenditures identified under clause (7),
item (ii), for a transit system classification, divided by (B) the amounts
identified under subitem (A), plus the sum of state sources of funds plus
federal funds provided to all transit systems in that classification; and
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(iv) in each odd-numbered
year, beginning in 2009, a calculation of the amounts the amount 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 greater Minnesota transit investment plan under
section 174.24, subdivision 1a.
Sec. 51. [174.285]
MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.
Subdivision 1. Council
established. A Minnesota
Council on Transportation Access is established to study, evaluate, oversee,
and make recommendations to improve the coordination, availability,
accessibility, efficiency, cost-effectiveness, and safety of transportation
services provided to the transit public.
"Transit public" means those persons who utilize public
transit and those who, because of mental or physical disability, income status,
or age are unable to transport themselves and are dependent upon others for
transportation services.
Subd. 2. Duties
of council. In order to
accomplish the purposes in subdivision 1, the council, following consultation
with the legislative committees or divisions with jurisdiction over transportation
policy and budget, or with appropriate legislative transportation
subcommittees, shall adopt a biennial work plan that must incorporate the
following activities:
(1) compile information on
existing transportation alternatives for the transit public, and serve as a
clearinghouse for information on services, funding sources, innovations, and
coordination efforts;
(2) identify best practices
and strategies that have been successful in Minnesota and in other states for
coordination of local, regional, state, and federal funding and services;
(3) recommend statewide
objectives for providing public transportation services for the transit public;
(4) identify barriers
prohibiting coordination and accessibility of public transportation services and
aggressively pursue the elimination of those barriers;
(5) recommend policies and
procedures for coordinating local, regional, state, and federal funding and
services for the transit public;
(6) identify stakeholders in
providing services for the transit public, and seek input from them concerning
barriers and appropriate strategies;
(7) recommend guidelines for
developing transportation coordination plans throughout the state;
(8) encourage all state
agencies participating in the council to purchase trips within the coordinated
system;
(9) facilitate the creation
and operation of transportation brokerages to match riders to the appropriate
service, promote shared dispatching, compile and disseminate information on
transportation options, and promote regional communication;
(10) encourage volunteer
driver programs and recommend legislation to address liability and insurance
issues;
(11) recommend minimum
performance standards for delivery of services;
(12) identify methods to
eliminate fraud and abuse in special transportation services;
(13) develop a standard
method for addressing liability insurance requirements for transportation
services purchased, provided, or coordinated;
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(14) design
and develop a contracting template for providing coordinated transportation
services;
(15) recommend
an interagency uniform contracting and billing and accounting system for
providing coordinated transportation services;
(16)
encourage the design and development of training programs for coordinated
transportation services;
(17)
encourage the use of public school transportation vehicles for the transit
public;
(18)
develop an allocation methodology that equitably distributes transportation
funds to compensate units of government and all entities that provide
coordinated transportation services;
(19)
identify policies and necessary legislation to facilitate vehicle sharing; and
(20)
advocate aggressively for eliminating barriers to coordination, implementing
coordination strategies, enacting necessary legislation, and appropriating
resources to achieve the council's objectives.
Subd. 3. Coordination
with legislative committees. The
council shall coordinate its meeting schedule and activities pursuant to its
work plan, to the extent practicable, with legislative committees and divisions
with jurisdiction over transportation budget and policy, or with appropriate
subcommittees. The chairperson of the
council shall act as a liaison with the chairs and ranking minority members of
the legislative transportation committees, divisions, and appropriate
subcommittees, in carrying out these duties.
Subd. 4. Membership. (a) The council is composed of the
following 13 members:
(1) one
representative from the Office of the Governor;
(2) one
representative from the Council on Disability;
(3) one
representative from the Minnesota Public Transit Association;
(4) the
commissioner of transportation or a designee;
(5) the
commissioner of human services or a designee;
(6) the
commissioner of health or a designee;
(7) the
chair of the Metropolitan Council or a designee;
(8) the
commissioner of education or a designee;
(9) the
commissioner of veterans affairs or a designee;
(10) one
representative from the Board on Aging;
(11) the
commissioner of employment and economic development or a designee;
(12) the
commissioner of commerce or a designee; and
(13) the
commissioner of management and budget or a designee.
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(b) All appointments
required by paragraph (a) must be completed by August 1, 2010.
(c) The commissioner of
transportation or a designee shall convene the first meeting of the council
within two weeks after the members have been appointed to the council. The members shall elect a chairperson from
their membership at the first meeting.
(d) The Department of
Transportation and the Department of Human Services shall provide necessary
staff support for the council.
Subd. 5. Report. By January 15 of each year, beginning
in 2012, the council shall report its findings, recommendations, and activities
to the governor's office and to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation, health, and human
services, and to the legislature as provided under section 3.195.
Subd. 6. Reimbursement. Members of the council shall receive
reimbursement of expenses from the commissioner of transportation as provided
in section 15.059, subdivision 3.
Subd. 7. Transfer
of appropriation. The amount
appropriated to the Metropolitan Council in Laws 2009, chapter 36, article 1,
section 4, subdivision 2, for the administrative expenses of the Minnesota
Council on Transportation Access, and for other costs relating to the
preparation of required reports, including the costs of hiring a consultant, is
transferred to the Department of Transportation for the same purposes.
Subd. 8. Expiration. This section expires June 30, 2014.
Sec. 52. [174.75]
COMPLETE STREETS.
Subdivision 1. Definition. "Complete streets" is the
planning, scoping, design, implementation, operation, and maintenance of roads
in order to reasonably address the safety and accessibility needs of users of
all ages and abilities. Complete streets
considers the needs of motorists, pedestrians, transit users and vehicles,
bicyclists, and commercial and emergency vehicles moving along and across
roads, intersections, and crossings in a manner that is sensitive to the local
context and recognizes that the needs vary in urban, suburban, and rural
settings.
Subd. 2. Implementation. The commissioner shall implement a
complete streets policy after consultation with stakeholders, state and regional
agencies, local governments, and road authorities. The commissioner, after such consultation,
shall address relevant protocols, guidance, standards, requirements, and
training, and shall integrate related principles of context-sensitive solutions.
Subd. 3. Report. Beginning in 2011, the commissioner
shall report on the implementation of the complete streets policy in the
agency's biennial budget submission under section 174.02.
Subd. 4. Local
road authorities. Local road
authorities are encouraged, but not required, to create and adopt complete
streets policies for their roads that reflect local context and goals. Nothing in this section may be construed to
prohibit a local road authority from adopting a complete streets policy that
incorporates or exceeds statutory complete streets principles.
Subd. 5. Variances
from engineering standards. (a)
When evaluating a request for a variance from the engineering standards for state-aid
projects under chapter 162 in which the variance request is related to complete
streets, the commissioner shall consider the latest edition of:
(1) A Policy on Geometric
Design of Highways and Streets, from the American Association of State Highway
and Transportation Officials; and
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(2) for projects in urban
areas, the Context Sensitive Solutions in Designing Major Urban Thoroughfares
for Walkable Communities, from the Institute of Transportation Engineers.
(b) If the commissioner
denies a variance request related to complete streets, the commissioner shall
provide written reasons for the denial to the political subdivision that
submitted the request.
Sec. 53. Minnesota Statutes 2008, section 174.86,
subdivision 5, is amended to read:
Subd. 5. Commuter
Rail Corridor Coordinating Committee. (a)
A Commuter Rail Corridor Coordinating Committee shall be is
established to advise the commissioner on issues relating to the alternatives
analysis, environmental review, advanced corridor planning, preliminary
engineering, final design, implementation method, construction of commuter
rail, public involvement, land use, service, and safety. The Commuter Rail Corridor Coordinating
Committee shall consist of:
(1) one member representing
each significant funding partner in whose jurisdiction the line or lines are
located;
(2) one member appointed by
each county in which the corridors are located;
(3) one member appointed by
each city in which advanced corridor plans indicate that a station may be
located;
(4) two members appointed by
the commissioner, one of whom shall be designated by the commissioner as the
chair of the committee;
(5) one member appointed by
each metropolitan planning organization through which the commuter rail line
may pass; and
(6) one member appointed by
the president of the University of Minnesota, if a designated corridor provides
direct service to the university.; and
(7) two ex-officio members
who are members of labor organizations operating in, and with authority for,
trains or rail yards or stations junctioning with freight and commuter rail
lines on corridors, with one member appointed by the speaker of the house and
the other member appointed by the senate Rules and Administration Subcommittee
on Committees.
(b) A joint powers board
existing on April 1, 1999, consisting of local governments along a commuter
rail corridor, shall perform the functions set forth in paragraph (a) in place
of the committee.
(c) Notwithstanding section
15.059, subdivision 5, the committee does not expire.
Sec. 54. Minnesota Statutes 2008, section 219.01, is
amended to read:
219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.
(a) The track safety standards
of the United States Department of Transportation and Federal Railroad
Administration apply to railroad trackage and are the standards for the
determination of unsafe trackage within the state.
(b) The commissioner of
transportation shall apply to the Federal Railroad Administration under Public
Law 110-432, the Railroad Safety Enhancement Act of 2008 (the act), for (1)
railroad safety technology grant funding available under section 105 of the act
and (2) development and installation of rail safety technology, including
provision for switch position indicator signals in nonsignalized main track
territory, under section 406 of the act.
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The commissioner shall
respond and make application to the Federal Railroad Administration notice of
funds availability under the Rail Safety Assurance Act in a timely manner and
before the date of the program deadline to assure full consideration of the
application. The commissioner shall (i)
prioritize grant requests for the installation of switch indicator signals on
all segments of nonsignalized track where posted speeds are in excess of 20
miles per hour and (ii) apply for grant funding in each year after 2010 until
all nonsignalized track territory in the state has switch indicator signals
installed and in operation.
(c) Prior to
applying for funds under paragraph (b), the commissioner shall solicit grant
requests from all eligible railroads.
The commissioner shall submit written notice to the chairs of the
legislative committees with jurisdiction over transportation policy and finance
of an acceptance by a class I or class II railroad of federal grant program
funding for switch point indicator monitor systems.
(d)
Participating railroads shall provide the 20 percent nonfederal match. Railroads shall provide all technical documentation
requested by the commissioner and required by the Federal Railroad
Administration for the applications under paragraph (b). Railroads are responsible for developing,
acquiring, and installing all rail safety technology obtained under this section
in accordance with requirements established by the Federal Railroad
Administration.
Sec. 55. Minnesota Statutes 2008, section 221.012, is
amended by adding a subdivision to read:
Subd. 27a. Motor
carrier of railroad employees. "Motor
carrier of railroad employees" means a motor carrier engaged in the
for-hire transportation of railroad employees of a class I or II common
carrier, as defined in Code of Federal Regulations, title 49, part 1201,
general instruction 1-1, under the terms of a contractual agreement with a
common carrier, as defined in section 218.011, subdivision 10.
Sec. 56. Minnesota Statutes 2008, section 221.012,
subdivision 38, is amended to read:
Subd. 38. Small
vehicle passenger service. (a)
"Small vehicle passenger service" means a service provided by a
person engaged in the for-hire transportation of passengers in a vehicle
designed to transport seven or fewer persons, including the driver.
(b) In the
metropolitan area as defined in section 473.121, subdivision 2, "small vehicle
passenger service" also includes for-hire transportation of persons who
are certified by the Metropolitan Council to use special transportation service
provided under section 473.386, in a vehicle designed to transport not more
than 15 persons including the driver, that is equipped with a wheelchair lift
and at least three wheelchair securement positions.
(c) Small
vehicle passenger service does not include a motor carrier of railroad
employees.
Sec. 57. [221.0255]
MOTOR CARRIER OF RAILROAD EMPLOYEES.
(a) A motor
carrier of railroad employees must meet the requirements specified in this
section, is subject to section 221.291, and is otherwise exempt from the
provisions of this chapter.
(b) A
vehicle operator for a motor carrier of railroad employees who transports
passengers must:
(1) have a
valid driver's license under chapter 171; and
(2) submit
to a physical examination.
(c) The
carrier must implement a policy that provides for annual training and
certification of the operator in:
(1) safe
operation of the vehicle transporting railroad employees;
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(2) knowing
and understanding relevant laws, rules of the road, and safety policies;
(3)
handling emergency situations;
(4) proper
use of seat belts;
(5)
performance of pretrip and posttrip vehicle inspections, and inspection record
keeping; and
(6) proper
maintenance of required records.
(d) The
carrier must:
(1) perform
a background check or background investigation of the operator;
(2)
annually verify the operator's driver's license;
(3)
document meeting the requirements in this subdivision, and maintain the file at
the carrier's business location;
(4)
maintain liability insurance in a minimum amount of $5,000,000 regardless of
the seating capacity of the vehicle; and
(5)
maintain uninsured and underinsured coverage in a minimum amount of $1,000,000.
If a party contracts
with the motor carrier on behalf of the railroad to transport the railroad
employees, then the insurance requirements may be satisfied by either that
party or the motor carrier, so long as the motor carrier is a named insured or
additional insured under any policy.
(e) A
person who sustains a conviction of violating section 169A.25, 169A.26,
169A.27, or 169A.31, or whose driver's license is revoked under sections
169A.50 to 169A.53 of the implied consent law, or who is convicted of or has
their driver's license revoked under a similar statute or ordinance of another
state, may not operate a vehicle under this subdivision for five years from the
date of conviction. A person who
sustains a conviction of a moving offense in violation of chapter 169 within
three years of the first of three other moving offenses may not operate a
vehicle under this subdivision for one year from the date of the last
conviction. A person who has ever been
convicted of a disqualifying offense as defined in section 171.3215,
subdivision 1, paragraph (c), may not operate a vehicle under this subdivision.
(f) An
operator who sustains a conviction as described in paragraph (e) while employed
by the carrier shall report the conviction to the carrier within ten days of
the date of the conviction.
(g) A
carrier must implement a mandatory alcohol and controlled substance testing
program as provided under sections 181.950 to 181.957 that consists of
preemployment testing, postaccident testing, random testing, reasonable
suspicion testing, return-to-duty testing, and follow-up testing.
(h) A motor
carrier of railroad employees shall not allow or require a driver to drive or
remain on duty for more than: ten hours
after eight consecutive hours off duty; 15 hours of combined on-duty time and
drive time since last obtaining eight consecutive hours of off-duty time; or 70
hours of on-duty and drive time in any period of eight consecutive days. After 24 hours off duty, a driver begins a
new seven consecutive day period and on-duty time is reset to zero.
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of Page 12332
(i) An
operator who encounters an emergency and cannot, because of that emergency, safely
complete a transportation assignment within the ten-hour maximum driving time
permitted under paragraph (h), may drive for not more than two additional hours
in order to complete that transportation assignment or to reach a place
offering safety for the occupants of the vehicle and security for the transport
motor vehicle, if the transportation assignment reasonably could have been
completed within the ten-hour period absent the emergency.
(j) A carrier
shall maintain and retain for a period of six months accurate time records that
show the time the driver reports for duty each day; the total number of hours
of on-duty time for each driver for each day; the time the driver is released
from duty each day; and the total number of hours driven each day.
(k) For
purposes of this subdivision, the following terms have the meanings given:
(1)
"conviction" has the meaning given in section 609.02; and
(2)
"on-duty time" means all time at a terminal, facility, or other
property of a contract carrier or on any public property waiting to be
dispatched. On-duty time includes time
spent inspecting, servicing, or conditioning the vehicle.
EFFECTIVE DATE. Paragraph
(d), clause (5), is effective July 1, 2011.
Sec. 58. Minnesota Statutes 2009 Supplement, section
299D.03, subdivision 5, is amended to read:
Subd. 5. Traffic
fines and forfeited bail money. (a)
All fines and forfeited bail money collected from persons apprehended or
arrested by officers of the State Patrol shall be transmitted by the person or
officer collecting the fines, forfeited bail money, or installments thereof, on
or before the tenth day after the last day of the month in which these moneys
were collected, to the commissioner of management and budget. Except where a different disposition is
required in this subdivision or section 387.213, or otherwise provided by law,
three-eighths of these receipts must be deposited in the state treasury and
credited to the state general fund. The
other five-eighths of these receipts must be deposited in the state treasury
and credited as follows: (1) the first $600,000
$1,000,000 in each fiscal year must be credited to the Minnesota grade
crossing safety account in the special revenue fund, and (2) remaining
receipts must be credited to the state trunk highway fund. If, however, the violation occurs within a
municipality and the city attorney prosecutes the offense, and a plea of not
guilty is entered, one-third of the receipts shall be deposited in the state
treasury and credited to the state general fund, one-third of the receipts
shall be paid to the municipality prosecuting the offense, and one-third shall
be deposited in the state treasury and credited to the Minnesota grade crossing
safety account or the state trunk highway fund as provided in this
paragraph. When section 387.213 also is
applicable to the fine, section 387.213 shall be applied before this paragraph
is applied. All costs of participation
in a nationwide police communication system chargeable to the state of
Minnesota shall be paid from appropriations for that purpose.
(b) Notwithstanding
any other provisions of law, All fines and forfeited bail money from
violations of statutes governing the maximum weight of motor vehicles, collected
from persons apprehended or arrested by employees of the state of Minnesota, by
means of stationary or portable scales operated by these employees, shall be
transmitted by the person or officer collecting the fines or forfeited bail
money, on or before the tenth day after the last day of the month in which the
collections were made, to the commissioner of management and budget. Five-eighths of these receipts shall be
deposited in the state treasury and credited to the state highway user tax
distribution fund. Three-eighths of
these receipts shall be deposited in the state treasury and credited to the
state general fund.
Sec. 59. Minnesota Statutes 2008, section 360.061,
subdivision 3, is amended to read:
Subd. 3. Municipality. "Municipality" does not include
a county unless the county owns or controls an airport, in which case such
county may exercise all the powers granted by said sections to other
municipalities. It specifically includes
a town, an airport authority, the Metropolitan Airports Commission
established and operated pursuant to chapter 473, and the state of Minnesota.
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Sec. 60. [383D.75]
NEW LOCATION FOR DEPUTY REGISTRAR.
Notwithstanding
section 168.33, and rules adopted by the commissioner of public safety,
limiting sites for the office of deputy registrar based on either the distance to
an existing deputy registrar office or the annual volume of transactions
processed by any deputy registrar, the commissioner of public safety shall
permit the deputy registrar of motor vehicles agent number 128 and driver's
license agent number 726 for Dakota County to move from the existing deputy
registrar location in Burnsville to the Dakota County Burnhaven Library in
Burnsville, with full authority to function as a registration and motor vehicle
tax collection and driver's license bureau, at the Dakota County Burnhaven
Library. All other provisions regarding
the appointment and operation of a deputy registrar of motor vehicles and
driver's license agent under sections 168.33 and 171.061, and Minnesota Rules,
chapter 7406, not inconsistent with this section, apply to the office.
EFFECTIVE DATE; LOCAL APPROVAL. This
section is effective the day after the governing body of the county of Dakota
and its chief clerical officer timely complete their compliance with section
645.021, subdivisions 2 and 3.
Sec. 61. Minnesota Statutes 2008, section 473.167,
subdivision 2a, is amended to read:
Subd. 2a. Hardship
Loans for acquisition and relocation.
(a) The council may make hardship loans to acquiring
authorities within the metropolitan area to purchase homestead property located
in a proposed state trunk highway right-of-way or project, and to provide
relocation assistance. Acquiring
authorities are authorized to accept the loans and to acquire the property. Except as provided in this subdivision, the
loans shall be made as provided in subdivision 2. Loans shall be in the amount of the fair
market value of the homestead property plus relocation costs and less salvage
value. Before construction of the
highway begins, the acquiring authority shall convey the property to the
commissioner of transportation at the same price it paid, plus relocation costs
and less its salvage value. Acquisition
and assistance under this subdivision must conform to sections 117.50 to 117.56.
(b) The
council may make hardship loans only when:
(1) the
owner of affected homestead property requests acquisition and relocation
assistance from an acquiring authority;
(2) federal
or state financial participation is not available;
(3) the
owner is unable to sell the homestead property at its appraised market value
because the property is located in a proposed state trunk highway right-of-way
or project as indicated on an official map or plat adopted under section
160.085, 394.361, or 462.359; and
(4) the
council agrees to and approves the fair market value of the homestead property,
which approval shall not be unreasonably withheld; and.
(5) the
owner of the homestead property is burdened by circumstances that constitute a
hardship, such as catastrophic medical expenses; a transfer of the homestead
owner by the owner's employer to a distant site of employment; or inability of
the owner to maintain the property due to physical or mental disability or the
permanent departure of children from the homestead.
(c) For
purposes of this subdivision, the following terms have the meanings given them.
(1) "Acquiring authority" means counties, towns, and statutory
and home rule charter cities in the metropolitan area.
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(2)
"Homestead property" means:
(i) a single-family dwelling occupied by the owner, and the
surrounding land, not exceeding a total of ten acres; or (ii) a manufactured
home, as defined in section 327B.01, subdivision 13.
(3)
"Salvage value" means the probable sale price of the dwelling and
other property that is severable from the land if offered for sale on the
condition that it be removed from the land at the buyer's expense, allowing a
reasonable time to find a buyer with knowledge of the possible uses of the
property, including separate use of serviceable components and scrap when there
is no other reasonable prospect of sale.
Sec. 62. Minnesota Statutes 2008, section 473.411,
subdivision 5, is amended to read:
Subd. 5. Use of
public roadways and appurtenances. The
council may use for the purposes of sections 473.405 to 473.449 upon the
conditions stated in this subdivision any state highway or other public
roadway, parkway, or lane, or any bridge or tunnel or other appurtenance of a
roadway, without payment of any compensation, provided the use does not
interfere unreasonably with the public use or maintenance of the roadway or
appurtenance or entail any substantial additional costs for maintenance. The provisions of this subdivision do not
apply to the property of any common carrier railroad or common carrier
railroads. The consent of the public
agency in charge of such state highway or other public highway or roadway or
appurtenance is not required; except that if the council seeks to use a
designated parkway for regular route service in the city of Minneapolis, it
must obtain permission from and is subject to reasonable limitations imposed by
a joint board consisting of two representatives from the council, two members
of the board of park commissioners, and a fifth member jointly selected by the representatives
of the council and the park other members of the board. If the use is a designated Minneapolis
parkway for regular route service adjacent to the city of Minneapolis, it must
obtain permission from and is subject to reasonable limitations imposed by a
joint board consisting of two representatives from the council, two members of
the board of park commissioners, and a fifth member jointly selected by other
members of the board. The joint board
must include a nonvoting member appointed by the council of the city in which
the parkway is located.
The board
of park commissioners and the council may designate persons to sit on the joint
board. In considering a request by the
council to use designated parkways for additional routes or trips, the joint
board consisting of the council or their designees, the board of park
commissioners or their designees, and the fifth member, shall base its decision
to grant or deny the request based on the criteria to be established by the
joint board. The decision to grant or
deny the request must be made within 45 days of the date of the request. The park board must be notified immediately
by the council of any temporary route detours.
If the park board objects to the temporary route detours within five
days of being notified, the joint board must convene and decide whether to
grant the request, otherwise the request is deemed granted. If the agency objects to the proposed use or
claims reimbursement from the council for additional cost of maintenance, it
may commence an action against the council in the district court of the county
wherein the highway, roadway, or appurtenance, or major portion thereof, is
located. The proceedings in the action
must conform to the Rules of Civil Procedure applicable to the district
courts. The court shall sit without
jury. If the court determines that the
use in question interferes unreasonably with the public use or maintenance of
the roadway or appurtenance, it shall enjoin the use by the council. If the court determines that the use in
question does not interfere unreasonably with the public use or maintenance of
the roadway or appurtenance, but that it entails substantial additional
maintenance costs, the court shall award judgment to the agency for the amount
of the additional costs. Otherwise the
court shall award judgment to the council.
An aggrieved party may appeal from the judgment of the district court in
the same manner as is provided for such appeals in other civil actions. The council may also use land within the
right-of-way of any state highway or other public roadway for the erection of
traffic control devices, other signs, and passenger shelters upon the
conditions stated in this subdivision and subject only to the approval of the
commissioner of transportation where required by statute, and subject to the
express provisions of other applicable statutes and to federal requirements
where necessary to qualify for federal aid.
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Sec. 63. Minnesota Statutes 2008, section 514.18,
subdivision 1a, is amended to read:
Subd. 1a. Towed
motor vehicles. A person who tows
and stores a motor vehicle at the request of a law enforcement officer shall have
a lien on the motor vehicle for the value of the storage and towing and the
right to retain possession of the motor vehicle until the lien is lawfully
discharged. This section does not apply
to tows authorized in section 169.041, subdivision 4, clause (1) of
vehicles parked in violation of snow emergency regulations.
Sec. 64. Laws 2008, chapter 287, article 1, section
122, is amended to read:
Sec. 122. NULLIFICATION
OF EXPEDITED TOWN ROAD EXTINGUISHMENT.
(a) Any extinguishment
of town interest in a town road under Minnesota Statutes, section 164.06,
subdivision 2, is hereby nullified if:
(1) the
interest was not recorded or filed with the county recorder but was recorded or
filed with the county auditor prior to 1972;
(2) the
state or a political subdivision has constructed or funded a road or
bridge improvement on a right-of-way affected by the interest;
(3) the
affected road was the only means of access to a property;
(4) the
extinguishment took place within the last ten years; and
(5) a person
whose only access to property was lost because of the extinguishment files a
petition of a nullification with the town board stating that the person's
property became landlocked because of the extinguishment and that the road
satisfies all of the requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
recorded with the county auditor must be attached to the petition. The town shall file the petition with the
county auditor and record it with the county recorder.
(b)
Notwithstanding Minnesota Statutes, sections 164.08, subdivision 1, and
541.023, for any nullification under paragraph (a), the affected road is hereby
deemed to be a cartway. No additional
damages or other payments may be required other than those paid at the time the
fee interest was originally acquired and the order filed with the county
auditor. A cartway created by this
paragraph may be converted to a private driveway under Minnesota Statutes,
section 164.08, subdivision 2.
(c) For
purposes of this section, "affected road" means the road in which the
town board extinguished its interest.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 65. Laws 2008, chapter 350, article 1, section 5,
the effective date, is amended to read:
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 2012.
Sec. 66. Laws 2009, chapter 36, article 1, section 3,
subdivision 3, is amended to read:
Subd. 3. State
Roads
(a) Infrastructure Operations and Maintenance 251,643,000 245,892,000
The base appropriation
for fiscal years 2012 and 2013 is $257,395,000 for each year.
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of Page 12336
(b) Infrastructure Investment and Planning
(1) Infrastructure Investment Support 201,461,000 196,935,000
The base
appropriation for fiscal years 2012 and 2013 is $205,988,000 for each year.
$266,000 the
first year and $266,000 the second year are available for grants to metropolitan
planning organizations outside the seven-county metropolitan area.
$75,000 the
first year and $75,000 the second year are for a transportation research
contingent account to finance research projects that are reimbursable from the
federal government or from other sources.
If the appropriation for either year is insufficient, the appropriation
for the other year is available for it.
$600,000 the
first year and $600,000 the second year are available for grants for
transportation studies outside the metropolitan area to identify critical
concerns, problems, and issues. These
grants are available (1) to regional development commissions; (2) in regions
where no regional development commission is functioning, to joint powers boards
established under agreement of two or more political subdivisions in the region
to exercise the planning functions of a regional development commission; and
(3) in regions where no regional development commission or joint powers board
is functioning, to the department's district office for that region.
$200,000 the
second year is for grants to nonprofit job training centers for: (1) job training programs related to highway
construction; and (2) business training for companies that are certified
disadvantaged business enterprises.
(2) State Road Construction 551,300,000 598,700,000
The base
appropriation for fiscal years 2012 and 2013 is $635,000,000 for each year.
It is
estimated that these appropriations will be funded as follows:
Appropriations
by Fund
Federal
Highway Aid 301,100,000 388,500,000
Highway User
Taxes 250,200,000 210,200,000
The
commissioner of transportation shall notify the chairs and ranking minority
members of the senate and house of representatives committees with jurisdiction
over transportation finance of any significant events that should cause these
estimates to change.
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of Page 12337
This
appropriation is for the actual construction, reconstruction, and improvement
of trunk highways, including design-build contracts and consultant usage to
support these activities. This includes
the cost of actual payment to landowners for lands acquired for highway
rights-of-way, payment to lessees, interest subsidies, and relocation expenses.
The commissioner
may spend up to $250,000 of trunk highway funds in fiscal year 2011 to pay the
operating costs of bus service between Hastings and Minneapolis-St. Paul
to mitigate the traffic impacts of the project involving construction of a
bridge crossing the Mississippi River in the city of Hastings on marked Trunk
Highway 61.
The
commissioner shall expend up to one-half of one percent of the federal
appropriations under this paragraph as grants to opportunity industrialization
centers and other nonprofit job training centers for job training programs
related to highway construction.
The
commissioner may transfer up to $15,000,000 each year to the transportation
revolving loan fund.
The
commissioner may receive money covering other shares of the cost of partnership
projects. These receipts are
appropriated to the commissioner for these projects.
(3) Highway Debt Service 101,170,000 173,400,000
$86,517,000
the first year and $157,304,000 the second year are for transfer to the state
bond fund. If this appropriation is
insufficient to make all transfers required in the year for which it is made,
the commissioner of finance shall notify the Committee on Finance of the senate
and the Committee on Ways and Means of the house of representatives of the
amount of the deficiency and shall then transfer that amount under the
statutory open appropriation. Any excess
appropriation cancels to the trunk highway fund.
(c) Electronic Communications 5,177,000 5,177,000
Appropriations
by Fund
General 9,000 9,000
Trunk
Highway 5,168,000 5,168,000
The general
fund appropriation is to equip and operate the Roosevelt signal tower for Lake
of the Woods weather broadcasting.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12338
Sec. 67. ADDITIONAL DEPUTY REGISTRAR OF MOTOR
VEHICLES FOR CITY OF FARMINGTON.
Notwithstanding Minnesota Statutes, section 168.33, and
rules adopted by the commissioner of public safety, limiting sites for the
office of deputy registrar based on either the distance to an existing deputy
registrar office or the annual volume of transactions processed by any deputy
registrar, the commissioner of public safety shall appoint a municipal deputy
registrar of motor vehicles for the city of Farmington to operate a new
full-service Office of Deputy Registrar, with full authority to function as a
registration and motor vehicle tax collection bureau, at the city hall in the
city of Farmington. All other provisions
regarding the appointment and operation of a deputy registrar of motor vehicles
under Minnesota Statutes, section 168.33, and Minnesota Rules, chapter 7406,
apply to the office.
EFFECTIVE
DATE; LOCAL APPROVAL. This section is effective the day
after the governing body of the city of Farmington and its chief clerical
officer timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
Sec. 68. ROUNDABOUTS DESIGN.
(a) The commissioner of transportation shall, as part
of the next regular update of appropriate design and highway construction
manuals, develop specifications or standards on the design of roundabouts. The specifications or standards must include
consideration of the suitability of roundabout designs for commercial motor
vehicles, as defined in Minnesota Statutes, section 169.011, subdivision 16,
and disabled persons as defined by Minnesota Statutes, section 256.481.
(b) In developing the specifications or standards, the
commissioner shall consult with:
(1) the Minnesota Trucking Association;
(2) representatives, as identified by the
commissioner, of persons who regularly obtain oversize or overweight permits
under Minnesota Statutes, chapter 169, and are reasonably likely to travel on
routes that would include a roundabout; and
(3) the Council on Disability established under
Minnesota Statutes, section 256.482.
(c) The commissioner shall distribute the
specifications or standards, or a similar advisory guidance document, to local
road authorities.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 69. TIFIA PILOT PROGRAM.
(a) The commissioner of transportation may conduct a
pilot program to apply for and receive financial assistance under the
Transportation Infrastructure Finance and Innovation Act of 1998 (TIFIA),
United States Code, title 23, chapter 6, or through other federal
transportation loan, grant, or credit assistance programs. The assistance may include but is not limited
to loans, loan guarantees, and lines of credit.
The commissioner may enter into agreements to repay the financial
assistance subject to the availability of state money or other dedicated
revenue or resources, with the approval of Minnesota Management and Budget.
(b) The pilot program under this section is available
for one transportation project identified by the commissioner.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12339
(c) Upon completion of the transportation project
under the pilot program, the commissioner shall submit a report on the pilot
program to the chairs and ranking minority members of the house of
representatives and senate committees having jurisdiction over transportation
policy and finance. At a minimum, the
report must: describe the transportation
project undertaken and each financing mechanism utilized; analyze the
effectiveness of each financing mechanism; evaluate the costs, risks, and
benefits of additional participation in federal financial assistance programs;
and provide any recommendations for related legislative changes. The report may be submitted electronically,
and is subject to Minnesota Statutes, section 3.195, subdivision 1.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 70. NORTHSTAR COMMUTER RAIL INFILL STATIONS
IN CITIES OF RAMSEY AND COON RAPIDS.
The Metropolitan Council shall consider designating
Northstar commuter rail stations at the city of Ramsey in the vicinity of the
city of Ramsey Municipal Center and in the city of Coon Rapids at Foley
Boulevard.
Sec. 71. REPORT ON FINANCING OF BRIDGE
CONSTRUCTION.
By January 15, 2011, the commissioner of
transportation shall report to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation policy and finance
on the feasibility of utilizing any potential value capture options or potential
public-private partnerships, which may include charging tolls, for construction
of a new bridge over the St. Croix River at or near Stillwater. The report must be submitted electronically.
Sec. 72. COMPLETE STREETS REPORTS.
The commissioner of transportation shall submit to the
chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over transportation policy and finance reports
that:
(1) by January 15, 2011, summarize the department's
complete streets initiatives, summarize steps taken to expedite and improve the
transparency of the state-aid variance process related to complete streets,
outline plans to develop and implement a complete streets policy, and identify
any statutory barriers to complete streets implementation;
(2) by January 15, 2012, summarize the results of the
collaboration under Minnesota Statutes, section 174.75, subdivision 3; identify
modifications made to or recommended for protocols, guidance, standards, or
other requirements to facilitate complete streets implementation; report status
of development of complete streets performance indicators; outline other work
planned related to the complete streets policy; and identify statutory
recommendations to facilitate complete streets policy implementation; and
(3) by January 15, 2014, overview the department's
implementation of complete streets policy; note updates to protocols, guidance,
standards, or requirements; identify any recommendations for supporting local
complete streets implementation under the state-aid standards variance process;
and identify statutory recommendations to facilitate complete streets policy
implementation.
The reports in clauses (1), (2), and (3) must be made
available electronically and made available in print only upon request.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12340
Sec. 73. RULEMAKING EXCEPTION.
The actions of the commissioner of public safety in
establishing physical qualifications for type III vehicle drivers are not
rulemaking for purposes of Minnesota Statutes, chapter 14, are not subject to
the Administrative Procedure Act contained in Minnesota Statutes, chapter 14,
and are not subject to Minnesota Statutes, section 14.386.
Sec. 74. REPEALER.
Minnesota Statutes 2008, section 169.041, subdivisions
3 and 4, are repealed."
Delete the title and insert:
"A bill for an act relating to transportation;
modifying or adding provisions relating to school bus transportation,
transportation construction impacts on business, rest areas, highways, bridges,
transportation contracts, variances from rules and engineering standards for
local streets and highways, tax-exempt vehicles, license plates, deputy
registrars, impounds, towing, quick clearance of highway obstructions,
pedestrians, intersection gridlock, bus and type III vehicle operation, various
traffic regulations, cargo tank vehicle weight exemptions, drivers' licenses,
transportation department goals and mission, the Disadvantaged Business
Enterprise Collaborative, transit, a Minnesota Council of Transportation
Access, complete streets, a Commuter Rail Corridor Coordinating Committee,
railroad track safety, motor carriers, allocation of traffic fines, airport
authorities, property acquisition for highways, town road interest
extinguishment nullification, Northstar commuter rail, roundabouts design, and
a pilot program to obtain federal assistance for transportation projects;
providing for bus service during Hastings bridge construction; requiring
reports; making technical and clarifying changes; appropriating money; amending
Minnesota Statutes 2008, sections 161.14, by adding subdivisions; 161.3426,
subdivision 3, by adding a subdivision; 162.02, subdivision 3a; 162.09,
subdivision 3a; 165.14, subdivisions 4, 5; 168.002, by adding a subdivision;
168.12, subdivision 2a; 168.123, subdivisions 1, 2, by adding a subdivision;
168.1255, subdivision 1; 168.1293; 168.33, subdivision 2; 168B.06, subdivision
1; 168B.07, subdivision 3; 169.041, subdivision 5, by adding a subdivision;
169.15; 169.26, by adding a subdivision; 169.306; 169.79, subdivision 3;
169.87, by adding a subdivision; 171.321, subdivision 2; 174.01, subdivisions
1, 2; 174.02, subdivision 1a; 174.22, by adding a subdivision; 174.23,
subdivisions 1, 2; 174.24, subdivisions 2, 3b, by adding a subdivision;
174.247; 174.86, subdivision 5; 219.01; 221.012, subdivision 38, by adding a
subdivision; 360.061, subdivision 3; 473.167, subdivision 2a; 473.411,
subdivision 5; 514.18, subdivision 1a; Minnesota Statutes 2009 Supplement,
sections 123B.92, subdivision 1; 160.165; 161.14, subdivision 62; 168.012,
subdivision 1; 168.12, subdivision 5; 169.71, subdivision 1; 171.02,
subdivision 2b; 174.24, subdivisions 1a, 5; 299D.03, subdivision 5; Laws 2008,
chapter 287, article 1, section 122; Laws 2008, chapter 350, article 1, section
5; Laws 2009, chapter 36, article 1, section 3, subdivision 3; proposing coding
for new law in Minnesota Statutes, chapters 160; 174; 221; 383D; repealing
Minnesota Statutes 2008, section 169.041, subdivisions 3, 4."
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Steve
Murphy, D. Scott Dibble, Michael Jungbauer, Kathy Saltzman and Katie Sieben.
House Conferees: Frank
Hornstein, Melissa Hortman, Terry Morrow, Bernard Lieder and Dean Urdahl.
Hornstein moved that the report of the
Conference Committee on S. F. No. 2540 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12341
S. F. No. 2540,
A bill for an act relating to transportation; modifying or adding provisions
relating to truck insurance, school bus transportation, transportation
construction impacts on business, rest areas, highways, bridges, transportation
contracts, variances from rules and engineering standards for local streets and
highways, the state park road account, tax-exempt vehicles, license plates,
deputy registrars, vehicles and drivers, impounds, towing, pedestrians,
intersection gridlock, bus and type III vehicle operation, various traffic
regulations, cargo tank vehicle weight exemptions, drivers' licenses,
transportation department goals and mission, the Disadvantaged Business Enterprise
Collaborative, a Minnesota Council of Transportation Access, complete streets,
a Commuter Rail Corridor Coordinating Committee, railroad track safety, motor
carriers, allocation of traffic fines, airport authorities, property
acquisition for highways, transit, town road interest extinguishment
nullification, Northstar commuter rail, and roundabouts design; providing for
State Patrol tax compliance and vehicle crimes investigations; providing for
issuance and sale of trunk highway bonds; requiring reports; making technical
and clarifying changes; appropriating money; amending Minnesota Statutes 2008,
sections 65B.43, subdivision 2; 161.14, by adding subdivisions; 161.3426,
subdivision 3, by adding a subdivision; 162.02, subdivision 3a; 162.09, subdivision
3a; 165.14, subdivisions 4, 5; 168.12, subdivisions 2a, 2b, by adding a
subdivision; 168.123, subdivisions 1, 2; 168.1255, subdivision 1; 168.1291,
subdivisions 1, 2; 168.33, subdivision 2; 168B.04, subdivision 2; 168B.06,
subdivision 1; 168B.07, subdivision 3; 169.041, subdivision 5; 169.09,
subdivision 5a; 169.15; 169.26, by adding a subdivision; 169.306; 169.79,
subdivision 3; 169.87, by adding a subdivision; 169.92, subdivision 4; 171.321,
subdivision 2; 174.01, subdivisions 1, 2; 174.02, subdivision 1a; 174.86,
subdivision 5; 219.01; 221.012, subdivision 38, by adding a subdivision;
221.0252, subdivision 7; 221.036, subdivisions 1, 3; 221.221, subdivision 3;
221.251, subdivision 1; 360.061, subdivision 3; 473.167, subdivision 2a;
473.411, subdivision 5; 514.18, subdivision 1a; Minnesota Statutes 2009
Supplement, sections 123B.92, subdivision 1; 160.165; 161.14, subdivision 62;
162.06, subdivision 5; 168.012, subdivision 1; 168.12, subdivision 5; 169.71,
subdivision 1; 169.865, subdivision 1; 171.02, subdivision 2b; 174.66; 221.026,
subdivision 2; 221.031, subdivision 1; 221.122, subdivision 1; 299D.03,
subdivision 5; Laws 2008, chapter 287, article 1, section 122; Laws 2009,
chapter 36, article 1, sections 1; 3, subdivisions 1, 2, 3; 5, subdivisions 1,
3, 4; proposing coding for new law in Minnesota Statutes, chapters 160; 168;
174; 221; 383D; repealing Minnesota Statutes 2008, sections 169.041,
subdivisions 3, 4; 221.161, subdivisions 2, 3; 221.291, subdivision 5;
Minnesota Statutes 2009 Supplement, sections 221.161, subdivisions 1, 4;
221.171; Minnesota Rules, parts 7805.0300; 7805.0400.
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. There
were 109 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12342
Those who
voted in the negative were:
Anderson, B.
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Downey
Drazkowski
Eastlund
Emmer
Gunther
Hackbarth
Hoppe
Kelly
Kiffmeyer
Kohls
Mack
Peppin
Sanders
Scott
Seifert
Severson
Westrom
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Abeler was excused between the hours of
2:35 p.m. and 3:10 p.m.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 2933.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2933
A bill for an
act relating to human services; making changes to continuing care policy and
technical provisions; amending Minnesota Statutes 2008, sections 245A.03, by
adding a subdivision; 626.557, subdivision 9a; Minnesota Statutes 2009
Supplement, sections 144.0724, subdivision 11; 256B.0625, subdivision 19c;
256B.0651, by adding a subdivision; 256B.0652, subdivision 6; 256B.0659,
subdivisions 4, 10, 11, 13, 21, 30, by adding a subdivision; 256B.0911,
subdivision 2b.
May 10,
2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2933 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 2933 be
further amended as follows:
Delete
everything after the enacting clause and insert:
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12343
"ARTICLE 1
CONTINUING CARE POLICY
Section 1. Minnesota Statutes 2009 Supplement, section
144.0724, subdivision 11, is amended to read:
Subd. 11. Nursing
facility level of care. (a) For purposes
of medical assistance payment of long-term care services, a recipient must be
determined, using assessments defined in subdivision 4, to meet one of the
following nursing facility level of care criteria:
(1) the person requires
formal clinical monitoring at least once per day;
(1) (2) the person needs
the assistance of another person or constant supervision to begin and complete
at least four of the following activities of living: bathing, bed mobility, dressing, eating,
grooming, toileting, transferring, and walking;
(2) (3) the person needs
the assistance of another person or constant supervision to begin and complete
toileting, transferring, or positioning and the assistance cannot be scheduled;
(3) (4) the person has
significant difficulty with memory, using information, daily decision making,
or behavioral needs that require intervention;
(4) (5) the person has
had a qualifying nursing facility stay of at least 90 days;
(6) the person meets the
nursing facility level of care criteria determined 90 days after admission or
on the first quarterly assessment after admission, whichever is later; or
(5) (7) the person is
determined to be at risk for nursing facility admission or readmission through
a face-to-face long-term care consultation assessment as specified in section
256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or managed care
organization under contract with the Department of Human Services. The person is considered at risk under this clause
if the person currently lives alone or will live alone upon discharge and also
meets one of the following criteria:
(i) the person has
experienced a fall resulting in a fracture;
(ii) the person has been
determined to be at risk of maltreatment or neglect, including self-neglect; or
(iii) the person has a
sensory impairment that substantially impacts functional ability and
maintenance of a community residence.
(b) The assessment used to
establish medical assistance payment for nursing facility services must be the
most recent assessment performed under subdivision 4, paragraph (b), that
occurred no more than 90 calendar days before the effective date of medical
assistance eligibility for payment of long-term care services. In no case shall medical assistance payment
for long-term care services occur prior to the date of the determination of
nursing facility level of care.
(c) The assessment used to
establish medical assistance payment for long-term care services provided under
sections 256B.0915 and 256B.49 and alternative care payment for services
provided under section 256B.0913 must be the most recent face-to-face
assessment performed under section 256B.0911, subdivision 3a, 3b, or 4d, that
occurred no more than 60 calendar days before the effective date of medical
assistance eligibility for payment of long-term care services.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12344
Sec. 2. Minnesota Statutes 2008, section 144A.071,
subdivision 4b, is amended to read:
Subd. 4b. Licensed
beds on layaway status. A licensed
and certified nursing facility may lay away, upon prior written notice to the
commissioner of health, up to 50 percent of its licensed and certified
beds. A nursing facility may not
discharge a resident in order to lay away a bed. Notice to the commissioner shall be given 60
days prior to the effective date of the layaway. Beds on layaway shall have the same status as
voluntarily delicensed and decertified beds and shall not be subject to license
fees and license surcharge fees. In
addition, beds on layaway may be removed from layaway at any time on or after
one year after the effective date of layaway in the facility of origin, with a
60-day notice to the commissioner. A
nursing facility that removes beds from layaway may not place beds on layaway
status for one year after the effective date of the removal from layaway. The commissioner may approve the immediate
removal of beds from layaway if necessary to provide access to those nursing
home beds to residents relocated from other nursing homes due to emergency
situations or closure. In the event
approval is granted, the one-year restriction on placing beds on layaway after
a removal of beds from layaway shall not apply.
Beds may remain on layaway for up to five ten years. The commissioner may approve placing and
removing beds on layaway at any time during renovation or construction related
to a moratorium project approved under this section or section 144A.073. Nursing facilities are not required to
comply with any licensure or certification requirements for beds on layaway
status.
Sec. 3. Minnesota Statutes 2008, section 144A.161,
subdivision 1a, is amended to read:
Subd. 1a. Scope. Where a facility is undertaking closure,
curtailment, reduction, or change in operations, or where a housing with
services unit registered under chapter 144D is closed because the space that it
occupies is being replaced by a nursing facility bed that is being reactivated
from layaway status, the facility and the county social services agency
must comply with the requirements of this section.
Sec. 4. Minnesota Statutes 2009 Supplement, section
245A.03, subdivision 7, is amended to read:
Subd. 7. Licensing
moratorium. (a) The commissioner
shall not issue an initial license for child foster care licensed under
Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care licensed under
Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a
physical location that will not be the primary residence of the license holder
for the entire period of licensure. If a
license is issued during this moratorium, and the license holder changes the
license holder's primary residence away from the physical location of the
foster care license, the commissioner shall revoke the license according to
section 245A.07. Exceptions to the
moratorium include:
(1) foster
care settings that are required to be registered under chapter 144D;
(2) foster
care licenses replacing foster care licenses in existence on May 15, 2009, and
determined to be needed by the commissioner under paragraph (b);
(3) new
foster care licenses determined to be needed by the commissioner under
paragraph (b) for the closure of a nursing facility, ICF/MR, or regional
treatment center;
(4) new
foster care licenses determined to be needed by the commissioner under
paragraph (b) for persons requiring hospital level care; or
(5) new
foster care licenses determined to be needed by the commissioner for the
transition of people from personal care assistance to the home and
community-based services.
(b) The
commissioner shall determine the need for newly licensed foster care homes as
defined under this subdivision. As part
of the determination, the commissioner shall consider the availability of
foster care capacity in the area in which the licensee seeks to operate, and
the recommendation of the local county board.
The determination by the commissioner must be final. A determination of need is not required for a
change in ownership at the same address.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12345
(c)
Residential settings that would otherwise be subject to the moratorium
established in paragraph (a), that are in the process of receiving an adult or
child foster care license as of July 1, 2009, shall be allowed to continue to
complete the process of receiving an adult or child foster care license. For this paragraph, all of the following
conditions must be met to be considered in the process of receiving an adult or
child foster care license:
(1)
participants have made decisions to move into the residential setting,
including documentation in each participant's care plan;
(2) the
provider has purchased housing or has made a financial investment in the
property;
(3) the
lead agency has approved the plans, including costs for the residential setting
for each individual;
(4) the
completion of the licensing process, including all necessary inspections, is
the only remaining component prior to being able to provide services; and
(5) the
needs of the individuals cannot be met within the existing capacity in that
county.
To qualify
for the process under this paragraph, the lead agency must submit documentation
to the commissioner by August 1, 2009, that all of the above criteria are met.
(d) The
commissioner shall study the effects of the license moratorium under this
subdivision and shall report back to the legislature by January 15, 2011. This study shall include, but is not
limited to the following:
(1) the
overall capacity and utilization of foster care beds where the physical
location is not the primary residence of the license holder prior to and after
implementation of the moratorium;
(2) the
overall capacity and utilization of foster care beds where the physical
location is the primary residence of the license holder prior to and after
implementation of the moratorium; and
(3) the number
of licensed and occupied ICF/MR beds prior to and after implementation of the
moratorium.
Sec. 5. Minnesota Statutes 2008, section 245A.03, is
amended by adding a subdivision to read:
Subd. 9. Permitted
services by an individual who is related. Notwithstanding subdivision 2,
paragraph (a), clause (1), and subdivision 7, an individual who is related to a
person receiving supported living services may provide licensed services to
that person if:
(1) the
person who receives supported living services received these services in a
residential site on July 1, 2005;
(2) the
services under clause (1) were provided in a corporate foster care setting for
adults and were funded by the developmental disabilities home and
community-based services waiver defined in section 256B.092;
(3) the
individual who is related obtains and maintains both a license under chapter
245B and an adult foster care license under Minnesota Rules, parts 9555.5105 to
9555.6265; and
(4) the
individual who is related is not the guardian of the person receiving supported
living services.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12346
Sec. 6. Minnesota Statutes 2009 Supplement, section
245A.11, subdivision 7b, is amended to read:
Subd. 7b. Adult
foster care data privacy and security. (a)
An adult foster care license holder who creates, collects, records, maintains,
stores, or discloses any individually identifiable recipient data, whether in
an electronic or any other format, must comply with the privacy and security
provisions of applicable privacy laws and regulations, including:
(1) the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA),
Public Law 104-1; and the HIPAA Privacy Rule, Code of Federal Regulations,
title 45, part 160, and subparts A and E of part 164; and
(2) the Minnesota
Government Data Practices Act as codified in chapter 13.
(b) For
purposes of licensure, the license holder shall be monitored for compliance
with the following data privacy and security provisions:
(1) the
license holder must control access to data on foster care recipients according
to the definitions of public and private data on individuals under section
13.02; classification of the data on individuals as private under section
13.46, subdivision 2; and control over the collection, storage, use, access,
protection, and contracting related to data according to section 13.05, in
which the license holder is assigned the duties of a government entity;
(2) the
license holder must provide each foster care recipient with a notice that meets
the requirements under section 13.04, in which the license holder is assigned
the duties of the government entity, and that meets the requirements of Code of
Federal Regulations, title 45, part 164.52.
The notice shall describe the purpose for collection of the data, and to
whom and why it may be disclosed pursuant to law. The notice must inform the recipient that the
license holder uses electronic monitoring and, if applicable, that recording
technology is used;
(3) the
license holder must not install monitoring cameras in bathrooms;
(4)
electronic monitoring cameras must not be concealed from the foster care
recipients; and
(5)
electronic video and audio recordings of foster care recipients shall not
be stored by the license holder for more than five days unless: (i) a foster care recipient or legal
representative requests that the recording be held longer based on a specific
report of alleged maltreatment; or (ii) the recording captures an incident or
event of alleged maltreatment under section 626.556 or 626.557 or a crime under
chapter 609. When requested by a
recipient or when a recording captures an incident or event of alleged
maltreatment or a crime, the license holder must maintain the recording in a
secured area for no longer than 30 days to give the investigating agency an
opportunity to make a copy of the recording.
The investigating agency will maintain the electronic video or audio
recordings as required in section 626.557, subdivision 12b.
(c) The
commissioner shall develop, and make available to license holders and county
licensing workers, a checklist of the data privacy provisions to be monitored
for purposes of licensure.
Sec. 7. Minnesota Statutes 2009 Supplement, section
256B.0625, subdivision 19c, is amended to read:
Subd. 19c. Personal
care. Medical assistance covers
personal care assistance services provided by an individual who is qualified to
provide the services according to subdivision 19a and sections 256B.0651 to
256B.0656, provided in accordance with a plan, and supervised by a qualified
professional.
"Qualified
professional" means a mental health professional as defined in section
245.462, subdivision 18, or 245.4871, subdivision 27; or a registered nurse as
defined in sections 148.171 to 148.285, a licensed social worker as defined in section
148B.21 sections 148D.010 and 148D.055, or a qualified developmental
disabilities specialist under section 245B.07, subdivision 4. The qualified professional shall perform the
duties required in section 256B.0659.
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Sec. 8. Minnesota Statutes 2009 Supplement, section
256B.0651, is amended by adding a subdivision to read:
Subd. 17. Recipient
protection. (a) Providers of
home care services must provide each recipient with a copy of the home care
bill of rights under section 144A.44 at least 30 days prior to terminating
services to a recipient, if the termination results from provider sanctions
under section 256B.064, such as a payment withhold, a suspension of
participation, or a termination of participation. If a home care provider determines it is
unable to continue providing services to a recipient, the provider must notify
the recipient, the recipient's responsible party, and the commissioner 30 days
prior to terminating services to the recipient because of an action under
section 256B.064, and must assist the commissioner and lead agency in
supporting the recipient in transitioning to another home care provider of the
recipient's choice.
(b) In the
event of a payment withhold from a home care provider, a suspension of
participation, or a termination of participation of a home care provider under
section 256B.064, the commissioner may inform the Office of Ombudsman for
Long-Term Care and the lead agencies for all recipients with active service
agreements with the provider. At the
commissioner's request, the lead agencies must contact recipients to ensure
that the recipients are continuing to receive needed care, and that the
recipients have been given free choice of provider if they transfer to another
home care provider. In addition, the
commissioner or the commissioner's delegate may directly notify recipients who
receive care from the provider that payments have been withheld or that the
provider's participation in medical assistance has been suspended or
terminated, if the commissioner determines that notification is necessary to
protect the welfare of the recipients.
For purposes of this subdivision, "lead agencies" means
counties, tribes, and managed care organizations.
Sec. 9. Minnesota Statutes 2009 Supplement, section
256B.0652, subdivision 6, is amended to read:
Subd. 6. Authorization;
personal care assistance and qualified professional. (a) All personal care assistance
services, supervision by a qualified professional, and additional services
beyond the limits established in subdivision 11, must be authorized by the
commissioner or the commissioner's designee before services begin except for
the assessments established in subdivision 11 and section 256B.0911. The authorization for personal care
assistance and qualified professional services under section 256B.0659 must be
completed within 30 days after receiving a complete request.
(b) The
amount of personal care assistance services authorized must be based on the
recipient's home care rating. The home
care rating shall be determined by the commissioner or the commissioner's
designee based on information submitted to the commissioner identifying the
following:
(1) total
number of dependencies of activities of daily living as defined in section
256B.0659;
(2) number
presence of complex health-related needs as defined in section
256B.0659; and
(3) number
presence of Level I behavior descriptions as defined in
section 256B.0659.
(c) The
methodology to determine total time for personal care assistance services for
each home care rating is based on the median paid units per day for each home
care rating from fiscal year 2007 data for the personal care assistance
program. Each home care rating has a
base level of hours assigned. Additional
time is added through the assessment and identification of the following:
(1) 30
additional minutes per day for a dependency in each critical activity of daily
living as defined in section 256B.0659;
(2) 30
additional minutes per day for each complex health-related function as defined
in section 256B.0659; and
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(3) 30
additional minutes per day for each behavior issue as defined in section
256B.0659, subdivision 4, paragraph (d).
(d) A limit of
96 units of qualified professional supervision may be authorized for each
recipient receiving personal care assistance services. A request to the commissioner to exceed this
total in a calendar year must be requested by the personal care provider agency
on a form approved by the commissioner.
Sec. 10. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 10, is amended to read:
Subd. 10. Responsible
party; duties; delegation. (a) A
responsible party shall enter into a written agreement with a personal care
assistance provider agency, on a form determined by the commissioner, to
perform the following duties:
(1) be
available while care is provided in a method agreed upon by the individual or
the individual's legal representative and documented in the recipient's
personal care assistance care plan;
(2) monitor
personal care assistance services to ensure the recipient's personal care
assistance care plan is being followed; and
(3) review
and sign personal care assistance time sheets after services are provided to
provide verification of the personal care assistance services.
Failure to
provide the support required by the recipient must result in a referral to the
county common entry point.
(b)
Responsible parties who are parents of minors or guardians of minors or
incapacitated persons may delegate the responsibility to another adult who is
not the personal care assistant during a temporary absence of at least 24 hours
but not more than six months. The person
delegated as a responsible party must be able to meet the definition of the
responsible party. The responsible party
must ensure that the delegate performs the functions of the responsible party,
is identified at the time of the assessment, and is listed on the personal care
assistance care plan. The responsible
party must communicate to the personal care assistance provider agency about
the need for a delegate delegated responsible party, including
the name of the delegated responsible party, dates the delegated responsible
party will be living with the recipient, and contact numbers.
Sec. 11. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 11, is amended to read:
Subd. 11. Personal
care assistant; requirements. (a) A
personal care assistant must meet the following requirements:
(1) be at
least 18 years of age with the exception of persons who are 16 or 17 years of
age with these additional requirements:
(i)
supervision by a qualified professional every 60 days; and
(ii) employment
by only one personal care assistance provider agency responsible for compliance
with current labor laws;
(2) be
employed by a personal care assistance provider agency;
(3) enroll
with the department as a personal care assistant after clearing a background
study. Except as provided in
subdivision 11a, before a personal care assistant provides services, the
personal care assistance provider agency must initiate a background study on the
personal care assistant under chapter 245C, and the personal care assistance
provider agency must have received a notice from the commissioner that the
personal care assistant is:
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(i) not
disqualified under section 245C.14; or
(ii) is
disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;
(4) be able
to effectively communicate with the recipient and personal care assistance
provider agency;
(5) be able
to provide covered personal care assistance services according to the
recipient's personal care assistance care plan, respond appropriately to
recipient needs, and report changes in the recipient's condition to the
supervising qualified professional or physician;
(6) not be
a consumer of personal care assistance services;
(7)
maintain daily written records including, but not limited to, time sheets under
subdivision 12;
(8)
effective January 1, 2010, complete standardized training as determined by the
commissioner before completing enrollment.
Personal care assistant training must include successful completion of
the following training components: basic
first aid, vulnerable adult, child maltreatment, OSHA universal precautions,
basic roles and responsibilities of personal care assistants including
information about assistance with lifting and transfers for recipients,
emergency preparedness, orientation to positive behavioral practices, fraud
issues, and completion of time sheets.
Upon completion of the training components, the personal care assistant
must demonstrate the competency to provide assistance to recipients;
(9)
complete training and orientation on the needs of the recipient within the
first seven days after the services begin; and
(10) be
limited to providing and being paid for up to 310 hours per month of personal care
assistance services regardless of the number of recipients being served or the
number of personal care assistance provider agencies enrolled with.
(b) A legal
guardian may be a personal care assistant if the guardian is not being paid for
the guardian services and meets the criteria for personal care assistants in
paragraph (a).
(c)
Effective January 1, 2010, persons who do not qualify as a personal care
assistant include parents and stepparents of minors, spouses, paid legal
guardians, family foster care providers, except as otherwise allowed in section
256B.0625, subdivision 19a, or staff of a residential setting.
EFFECTIVE DATE. This
section is effective retroactively from July 1, 2009.
Sec. 12. Minnesota Statutes 2009 Supplement, section
256B.0659, is amended by adding a subdivision to read:
Subd. 11a. Exception
to personal care assistant; requirements.
The personal care assistant for a recipient may be allowed to
enroll with a different personal care assistant provider agency upon initiation
of a new background study according to chapter 245C, if all of the following
are met:
(1) the
commissioner determines that a change in enrollment or affiliation of the
personal care assistant is needed in order to ensure continuity of services and
protect the health and safety of the recipient;
(2) the
chosen agency has been continuously enrolled as a personal care assistance
provider agency for at least two years;
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(3) the
recipient chooses to transfer to the personal care assistance provider agency;
(4) the
personal care assistant has been continuously enrolled with the former personal
care assistance provider agency since the last background study was completed;
and
(5) the
personal care assistant continues to meet requirements of subdivision 11,
excluding paragraph (a), clause (3).
EFFECTIVE DATE. This section
is effective retroactively from July 1, 2009.
Sec. 13. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 13, is amended to read:
Subd. 13. Qualified
professional; qualifications. (a)
The qualified professional must be employed by work for a
personal care assistance provider agency and meet the definition under section
256B.0625, subdivision 19c. Before a
qualified professional provides services, the personal care assistance provider
agency must initiate a background study on the qualified professional under
chapter 245C, and the personal care assistance provider agency must have
received a notice from the commissioner that the qualified professional:
(1) is not
disqualified under section 245C.14; or
(2) is
disqualified, but the qualified professional has received a set aside of the
disqualification under section 245C.22.
(b) The
qualified professional shall perform the duties of training, supervision, and
evaluation of the personal care assistance staff and evaluation of the effectiveness
of personal care assistance services.
The qualified professional shall:
(1) develop
and monitor with the recipient a personal care assistance care plan based on
the service plan and individualized needs of the recipient;
(2) develop
and monitor with the recipient a monthly plan for the use of personal care
assistance services;
(3) review
documentation of personal care assistance services provided;
(4) provide
training and ensure competency for the personal care assistant in the
individual needs of the recipient; and
(5) document
all training, communication, evaluations, and needed actions to improve
performance of the personal care assistants.
(c)
Effective January 1, 2010, the qualified professional shall complete the
provider training with basic information about the personal care assistance
program approved by the commissioner within six months of the date hired by a
personal care assistance provider agency.
Qualified professionals who have completed the required trainings
training as an employee with a worker from a personal care
assistance provider agency do not need to repeat the required trainings training
if they are hired by another agency, if they have completed the training within
the last three years.
Sec. 14. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 21, is amended to read:
Subd. 21. Requirements
for initial enrollment of personal care assistance provider agencies. (a) All personal care assistance provider
agencies must provide, at the time of enrollment as a personal care assistance
provider agency in a format determined by the commissioner, information and
documentation that includes, but is not limited to, the following:
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(1) the
personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;
(2) proof of
surety bond coverage in the amount of $50,000 or ten percent of the provider's
payments from Medicaid in the previous year, whichever is less;
(3) proof of
fidelity bond coverage in the amount of $20,000;
(4) proof of
workers' compensation insurance coverage;
(5) proof of
liability insurance;
(5) (6)
a description of the personal care assistance provider agency's organization
identifying the names of all owners, managing employees, staff, board of
directors, and the affiliations of the directors, owners, or staff to other
service providers;
(6) (7)
a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of
employees; training requirements; service delivery; and employee and consumer
safety including process for notification and resolution of consumer
grievances, identification and prevention of communicable diseases, and
employee misconduct;
(7) (8)
copies of all other forms the personal care assistance provider agency uses in
the course of daily business including, but not limited to:
(i) a copy
of the personal care assistance provider agency's time sheet if the time sheet
varies from the standard time sheet for personal care assistance services
approved by the commissioner, and a letter requesting approval of the personal
care assistance provider agency's nonstandard time sheet;
(ii) the
personal care assistance provider agency's template for the personal care
assistance care plan; and
(iii) the
personal care assistance provider agency's template for the written agreement
in subdivision 20 for recipients using the personal care assistance choice
option, if applicable;
(8) (9)
a list of all trainings training and classes that the personal care
assistance provider agency requires of its staff providing personal care
assistance services;
(9) (10)
documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section;
(10) (11)
documentation of the agency's marketing practices;
(11) (12)
disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services; and
(12) (13)
documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance
services for employee personal care assistant wages and benefits: 72.5 percent of revenue in the personal care
assistance choice option and 72.5 percent of revenue from other personal care
assistance providers.
(b) Personal
care assistance provider agencies shall provide the information specified in
paragraph (a) to the commissioner at the time the personal care assistance
provider agency enrolls as a vendor or upon request from the commissioner. The commissioner shall collect the
information specified in paragraph (a) from all personal care assistance
providers beginning July 1, 2009.
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(c) All
personal care assistance provider agencies shall complete mandatory training as
determined by the commissioner before enrollment as a provider. Personal care assistance provider agencies
are required to send all owners, qualified professionals employed by the
agency, and all other managing employees to the initial and subsequent trainings
training. Personal care
assistance provider agency billing staff shall complete training about personal
care assistance program financial management.
This training is effective July 1, 2009.
Any personal care assistance provider agency enrolled before that date
shall, if it has not already, complete the provider training within 18 months
of July 1, 2009. Any new owners, new
qualified professionals, and new managing employees are required to complete
mandatory training as a requisite of hiring.
Sec. 15. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 30, is amended to read:
Subd. 30. Notice
of service changes to recipients. The
commissioner must provide:
(1) by
October 31, 2009, information to recipients likely to be affected that (i)
describes the changes to the personal care assistance program that may result
in the loss of access to personal care assistance services, and (ii) includes
resources to obtain further information; and
(2) notice
of changes in medical assistance home care personal care assistant
services to each affected recipient at least 30 days before the effective date
of the change.
The notice
shall include how to get further information on the changes, how to get help to
obtain other services, a list of community resources, and appeal rights. Notwithstanding section 256.045, a recipient
may request continued services pending appeal within the time period allowed to
request an appeal.
Sec. 16. Minnesota Statutes 2009 Supplement, section
256B.0911, subdivision 1a, is amended to read:
Subd. 1a. Definitions. For purposes of this section, the
following definitions apply:
(a)
"Long-term care consultation services" means:
(1)
assistance in identifying services needed to maintain an individual in the most
inclusive environment;
(2)
providing recommendations on cost-effective community services that are
available to the individual;
(3)
development of an individual's person-centered community support plan;
(4)
providing information regarding eligibility for Minnesota health care programs;
(5) face-to-face
long-term care consultation assessments, which may be completed in a hospital,
nursing facility, intermediate care facility for persons with developmental
disabilities (ICF/DDs), regional treatment centers, or the person's current or
planned residence;
(6)
federally mandated screening to determine the need for a institutional level of
care under section 256B.0911, subdivision 4, paragraph (a);
(7)
determination of home and community-based waiver service eligibility including
level of care determination for individuals who need an institutional level of
care as defined under section 144.0724, subdivision 11, or 256B.092, service
eligibility including state plan home care services identified in section
sections 256B.0625, subdivisions 6, 7, and 19, paragraphs (a) and (c), and
256B.0657, based on assessment and support plan development with
appropriate referrals, including the option for consumer-directed community
supports;
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(8) providing
recommendations for nursing facility placement when there are no cost-effective
community services available; and
(9) assistance to transition
people back to community settings after facility admission.
(b) "Long-term care
options counseling" means the services provided by the linkage lines as
mandated by sections 256.01 and 256.975, subdivision 7, and also includes telephone
assistance and follow up once a long-term care consultation assessment has been
completed.
(c) "Minnesota health
care programs" means the medical assistance program under chapter 256B and
the alternative care program under section 256B.0913.
(d) "Lead
agencies" means counties or a collaboration of counties, tribes, and
health plans administering long-term care consultation assessment and support
planning services.
Sec. 17. Minnesota Statutes 2009 Supplement, section
256B.0911, subdivision 2b, is amended to read:
Subd. 2b. Certified
assessors. (a) Beginning January 1,
2011, each lead agency shall use certified assessors who have completed
training and the certification processes determined by the commissioner in
subdivision 2c. Certified assessors
shall demonstrate best practices in assessment and support planning including
person-centered planning principals and have a common set of skills that must
ensure consistency and equitable access to services statewide. Assessors must be part of a multidisciplinary
team of professionals that includes public health nurses, social workers, and
other professionals as defined in paragraph (b). For persons with complex health care needs, a
public health nurse or registered nurse from a multidisciplinary team must be
consulted. A lead agency may choose,
according to departmental policies, to contract with a qualified, certified
assessor to conduct assessments and reassessments on behalf of the lead agency.
(b) Certified assessors are
persons with a minimum of a bachelor's degree in social work, nursing with a
public health nursing certificate, or other closely related field with at least
one year of home and community-based experience or a two-year registered nursing
degree with at least three years of home and community-based experience that
have received training and certification specific to assessment and
consultation for long-term care services in the state.
Sec. 18. Minnesota Statutes 2009 Supplement, section
256B.0911, subdivision 3a, is amended to read:
Subd. 3a. Assessment
and support planning. (a) Persons
requesting assessment, services planning, or other assistance intended to
support community-based living, including persons who need assessment in order
to determine waiver or alternative care program eligibility, must be visited by
a long-term care consultation team within 15 calendar days after the date on
which an assessment was requested or recommended. After January 1, 2011, these
requirements also apply to personal care assistance services, private duty
nursing, and home health agency services, on timelines established in
subdivision 5. Face-to-face assessments
must be conducted according to paragraphs (b) to (i).
(b) The county may utilize a
team of either the social worker or public health nurse, or both. After January 1, 2011, lead
agencies shall use certified assessors to conduct the assessment in a
face-to-face interview. The consultation
team members must confer regarding the most appropriate care for each
individual screened or assessed.
(c) The assessment must be
comprehensive and include a person-centered assessment of the health,
psychological, functional, environmental, and social needs of referred
individuals and provide information necessary to develop a support plan that
meets the consumers needs, using an assessment form provided by the
commissioner.
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(d) The
assessment must be conducted in a face-to-face interview with the person being
assessed and the person's legal representative, as required by legally executed
documents, and other individuals as requested by the person, who can provide
information on the needs, strengths, and preferences of the person necessary to
develop a support plan that ensures the person's health and safety, but who is
not a provider of service or has any financial interest in the provision of
services.
(e) The
person, or the person's legal representative, must be provided with written
recommendations for community-based services, including consumer-directed
options, or institutional care that include documentation that the most
cost-effective alternatives available were offered to the individual. For purposes of this requirement,
"cost-effective alternatives" means community services and living
arrangements that cost the same as or less than institutional care.
(f) If the
person chooses to use community-based services, the person or the person's
legal representative must be provided with a written community support plan,
regardless of whether the individual is eligible for Minnesota health care
programs. A person may request
assistance in identifying community supports without participating in a
complete assessment. Upon a request for
assistance identifying community support, the person must be transferred or
referred to the services available under sections 256.975, subdivision 7, and
256.01, subdivision 24, for telephone assistance and follow up.
(g) The
person has the right to make the final decision between institutional placement
and community placement after the recommendations have been provided, except as
provided in subdivision 4a, paragraph (c).
(h) The
team must give the person receiving assessment or support planning, or the
person's legal representative, materials, and forms supplied by the
commissioner containing the following information:
(1) the
need for and purpose of preadmission screening if the person selects nursing
facility placement;
(2) the
role of the long-term care consultation assessment and support planning in
waiver and alternative care program eligibility determination;
(3)
information about Minnesota health care programs;
(4) the
person's freedom to accept or reject the recommendations of the team;
(5) the
person's right to confidentiality under the Minnesota Government Data Practices
Act, chapter 13;
(6) the
long-term care consultant's decision regarding the person's need for
institutional level of care as determined under criteria established in section
144.0724, subdivision 11, or 256B.092; and
(7) the
person's right to appeal the decision regarding the need for nursing facility
level of care or the county's final decisions regarding public programs
eligibility according to section 256.045, subdivision 3.
(i)
Face-to-face assessment completed as part of eligibility determination for the
alternative care, elderly waiver, community alternatives for disabled
individuals, community alternative care, and traumatic brain injury waiver
programs under sections 256B.0915, 256B.0917, and 256B.49 is valid to establish
service eligibility for no more than 60 calendar days after the date of
assessment. The effective eligibility
start date for these programs can never be prior to the date of
assessment. If an assessment was
completed more than 60 days before the effective waiver or alternative care
program eligibility start date, assessment and support plan information must be
updated in a face-to-face visit and documented in the department's Medicaid
Management Information System (MMIS).
The effective date of program eligibility in this case cannot be prior
to the date the updated assessment is completed.
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Sec. 19. Minnesota Statutes 2009 Supplement, section
256B.0911, subdivision 3b, is amended to read:
Subd. 3b. Transition
assistance. (a) A long-term care
consultation team shall provide assistance to persons residing in a nursing
facility, hospital, regional treatment center, or intermediate care facility
for persons with developmental disabilities who request or are referred for
assistance. Transition assistance must
include assessment, community support plan development, referrals to long-term
care options counseling under section 256B.975, subdivision 10, for community
support plan implementation and to Minnesota health care programs, including
home and community-based waiver services and consumer-directed options through
the waivers, and referrals to programs that provide assistance with
housing. Transition assistance must also
include information about the Centers for Independent Living and the Senior
LinkAge Line, and about other organizations that can provide assistance with
relocation efforts, and information about contacting these organizations to
obtain their assistance and support.
(b) The
county shall develop transition processes with institutional social workers and
discharge planners to ensure that:
(1) persons
admitted to facilities receive information about transition assistance that is
available;
(2) the
assessment is completed for persons within ten working days of the date of
request or recommendation for assessment; and
(3) there
is a plan for transition and follow-up for the individual's return to the
community. The plan must require
notification of other local agencies when a person who may require assistance
is screened by one county for admission to a facility located in another
county.
(c) If a
person who is eligible for a Minnesota health care program is admitted to a
nursing facility, the nursing facility must include a consultation team member
or the case manager in the discharge planning process.
Sec. 20. Minnesota Statutes 2008, section 256B.0911,
subdivision 4d, is amended to read:
Subd. 4d. Preadmission
screening of individuals under 65 years of age.
(a) It is the policy of the state of Minnesota to ensure that
individuals with disabilities or chronic illness are served in the most
integrated setting appropriate to their needs and have the necessary
information to make informed choices about home and community-based service
options.
(b)
Individuals under 65 years of age who are admitted to a nursing facility from a
hospital must be screened prior to admission as outlined in subdivisions 4a
through 4c.
(c)
Individuals under 65 years of age who are admitted to nursing facilities with
only a telephone screening must receive a face-to-face assessment from the
long-term care consultation team member of the county in which the facility is
located or from the recipient's county case manager within 40 calendar days of
admission.
(d)
Individuals under 65 years of age who are admitted to a nursing facility
without preadmission screening according to the exemption described in
subdivision 4b, paragraph (a), clause (3), and who remain in the facility
longer than 30 days must receive a face-to-face assessment within 40 days of
admission.
(e) At the face-to-face
assessment, the long-term care consultation team member or county case manager
must perform the activities required under subdivision 3b.
(f) For
individuals under 21 years of age, a screening interview which recommends
nursing facility admission must be face-to-face and approved by the
commissioner before the individual is admitted to the nursing facility.
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(g) In the event that an
individual under 65 years of age is admitted to a nursing facility on an
emergency basis, the county must be notified of the admission on the next
working day, and a face-to-face assessment as described in paragraph (c) must
be conducted within 40 calendar days of admission.
(h) At the face-to-face
assessment, the long-term care consultation team member or the case manager
must present information about home and community-based options, including
consumer-directed options, so the individual can make informed
choices. If the individual chooses home
and community-based services, the long-term care consultation team member or
case manager must complete a written relocation plan within 20 working days of
the visit. The plan shall describe the
services needed to move out of the facility and a time line for the move which
is designed to ensure a smooth transition to the individual's home and
community.
(i) An individual under 65
years of age residing in a nursing facility shall receive a face-to-face
assessment at least every 12 months to review the person's service choices and
available alternatives unless the individual indicates, in writing, that annual
visits are not desired. In this case,
the individual must receive a face-to-face assessment at least once every 36
months for the same purposes.
(j) Notwithstanding the
provisions of subdivision 6, the commissioner may pay county agencies directly
for face-to-face assessments for individuals under 65 years of age who are being
considered for placement or residing in a nursing facility.
Sec. 21. Minnesota Statutes 2009 Supplement, section
256D.44, subdivision 5, is amended to read:
Subd. 5. Special
needs. In addition to the state
standards of assistance established in subdivisions 1 to 4, payments are
allowed for the following special needs of recipients of Minnesota supplemental
aid who are not residents of a nursing home, a regional treatment center, or a
group residential housing facility.