Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12111

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-THIRD SESSION - 2024

 

_____________________

 

NINETY-SIXTH DAY

 

Saint Paul, Minnesota, Monday, March 25, 2024

 

 

      The House of Representatives convened at 3:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Pastor Jason Steffenhagen, Peace, A United Methodist Community, Shoreview, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Bahner

Baker

Becker-Finn

Bennett

Berg

Bierman

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Davids

Davis

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frederick

Freiberg

Garofalo

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Lee, F.

Lee, K.

Lillie

Lislegard

Long

McDonald

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Neu Brindley

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rarick

Rehm

Reyer

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Backer; Bakeberg; Bliss; Frazier; Gillman; Kresha; Liebling; Mekeland; Nelson, N., and Wiener were excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12112

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Pinto from the Committee on Children and Families Finance and Policy to which was referred:

 

H. F. No. 367, A bill for an act relating to early childhood; allowing a child care center and a family child care provider to adopt a policy regarding immunizations; amending Minnesota Statutes 2022, section 121A.15, subdivision 3.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2022, section 121A.15, subdivision 3, is amended to read:

 

Subd. 3.  Exemptions from immunizations.  (a) If a person is at least seven years old and has not been immunized against pertussis, the person must not be required to be immunized against pertussis.

 

(b) If a person is at least 18 years old and has not completed a series of immunizations against poliomyelitis, the person must not be required to be immunized against poliomyelitis.

 

(c) If a statement, signed by a physician, is submitted to the administrator or other person having general control and supervision of the school or child care facility stating that an immunization is contraindicated for medical reasons or that laboratory confirmation of the presence of adequate immunity exists, the immunization specified in the statement need not be required.

 

(d) If a notarized statement signed by the minor child's parent or guardian or by the emancipated person is submitted to the administrator or other person having general control and supervision of the school or child care facility stating that the person has not been immunized as prescribed in subdivision 1 because of the conscientiously held beliefs of the parent or guardian of the minor child or of the emancipated person, the immunizations specified in the statement shall not be required.  This statement must also be forwarded to the commissioner of the Department of Health.  This paragraph does not apply to a child enrolling or enrolled in a child care center or family child care program that adopts a policy under subdivision 3b.

 

(e) If the person is under 15 months, the person is not required to be immunized against measles, rubella, or mumps.

 

(f) If a person is at least five years old and has not been immunized against haemophilus influenzae type b, the person is not required to be immunized against haemophilus influenzae type b.

 

(g) If a person who is not a Minnesota resident enrolls in a Minnesota school online learning course or program that delivers instruction to the person only by computer and does not provide any teacher or instructor contact time or require classroom attendance, the person is not subject to the immunization, statement, and other requirements of this section.

 

Sec. 2.  Minnesota Statutes 2022, section 121A.15, is amended by adding a subdivision to read:

 

Subd. 3b.  Child care programs.  A child care center licensed under chapter 245A and Minnesota Rules, chapter 9503, and a family child care provider licensed under chapter 245A and Minnesota Rules, chapter 9502, may adopt a policy prohibiting a child over two months of age from enrolling or remaining enrolled in the child care


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12113

center or family child care program if the child:  (1) has not been immunized in accordance with subdivision 1 or 2 and in accordance with Minnesota Rules, chapter 4604; and (2) is not exempt from immunizations under subdivision 3, paragraph (a), (c), (e), or (f)."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Pelowski from the Committee on Higher Education Finance and Policy to which was referred:

 

H. F. No. 1630, A bill for an act relating to capital investment; eliminating the one-third user financing requirement for future capital improvement projects at public postsecondary institutions; amending Minnesota Statutes 2022, section 16A.662, subdivision 5.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [16A.865] HIGHER EDUCATION CAPITAL PROJECTS; FULL FUNDING REQUIRED.

 

It is the policy of the legislature that:

 

(1) an appropriation from the bond proceeds fund to either the Board of Regents of the University of Minnesota or the Board of Trustees of the Minnesota State Colleges and Universities for a capital project shall fund the full cost of the project benefiting an institution within those public postsecondary systems; and

 

(2) neither the Board of Regents of the University of Minnesota nor the Board of Trustees of the Minnesota State Colleges and Universities shall be obligated to pay debt service on the principal amount of state bonds sold to finance projects benefiting institutions within those public postsecondary systems or cover the cost of a portion of a capital project from public postsecondary system sources.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to appropriations of bond proceeds on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to capital investment; requiring full funding for capital projects at public postsecondary institutions; proposing coding for new law in Minnesota Statutes, chapter 16A."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Capital Investment.

 

      The report was adopted.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12114

         Moller from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 2319, A bill for an act relating to judiciary; prohibiting admission in judicial proceeding of certain custodial statements; proposing coding for new law in Minnesota Statutes, chapter 634.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Hassan from the Committee on Economic Development Finance and Policy to which was referred:

 

H. F. No. 2821, A bill for an act relating to economic development; equity; establishing a process for requesting a racial equity impact note for legislation; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 3.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on State and Local Government Finance and Policy.

 

      The report was adopted.

 

 

Klevorn from the Committee on State and Local Government Finance and Policy to which was referred:

 

H. F. No. 3182, A bill for an act relating to state government; public employees insurance program modifications; creating a Minnesota insurance pool committee; requiring a report; appropriating money; amending Minnesota Statutes 2022, section 43A.316, subdivisions 5, 7.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2022, section 43A.316, subdivision 5, is amended to read:

 

Subd. 5.  Public employee participation.  (a) Participation in the program is subject to the conditions in this subdivision.

 

(b) Each exclusive representative for an eligible employer determines whether the employees it represents will participate in the program.  The exclusive representative shall give the employer notice of intent to participate at least 30 days before the expiration date of the collective bargaining agreement preceding the collective bargaining agreement that covers the date of entry into the program.  The exclusive representative and the eligible employer shall give notice to the commissioner of the determination to participate in the program at least 30 days before entry into the program.  Entry into the program is governed by a schedule established by the commissioner.

 

(c) Employees not represented by exclusive representatives may become members of the program upon a determination of an eligible employer to include these employees in the program.  Either all or none of the employer's unrepresented employees must participate.  The eligible employer shall give at least 30 days' notice to the commissioner before entering the program.  Entry into the program is governed by a schedule established by the commissioner.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12115

(d) Participation in the program is for a two-year four-year term.  Participation is automatically renewed for an additional two-year four-year term unless the exclusive representative, or the employer for unrepresented employees, gives the commissioner notice of withdrawal at least 30 days before expiration of the participation period.  A group that withdraws must wait two years before rejoining.  An exclusive representative, or employer for unrepresented employees, may also withdraw if premiums increase 50 20 percent or more from one insurance year to the next.

 

(e) The exclusive representative shall give the employer notice of intent to withdraw to the commissioner at least 30 days before the expiration date of a collective bargaining agreement that includes the date on which the term of participation expires.

 

(f) Each participating eligible employer shall notify the commissioner of names of individuals who will be participating within two weeks of the commissioner receiving notice of the parties' intent to participate.  The employer shall also submit other information as required by the commissioner for administration of the program.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to state government; public employees insurance program modifications; amending Minnesota Statutes 2022, section 43A.316, subdivision 5."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

 

H. F. No. 3436, A bill for an act relating to transportation; modifying various policies, including but not limited to legislative routes, driving rules, small business contract preferences, nondivisible loads, and greater Minnesota transit programs; making technical corrections; appropriating money; amending Minnesota Statutes 2022, sections 161.115, subdivisions 116, 117, by adding a subdivision; 161.321, subdivisions 2, 2b; 169.19, subdivision 2; 169.34, subdivision 1; 169.444, subdivision 4; 169.80, by adding a subdivision; 174.03, subdivision 12; 174.22, subdivisions 2b, 7, 12, 14, by adding subdivisions; 174.23, subdivision 2; 174.24, subdivisions 1a, 3b, 3c; 174.247; 473.121, subdivision 19; Minnesota Statutes 2023 Supplement, sections 4.076, subdivision 3; 161.045, subdivision 3; 168.1259, subdivision 5; 174.40, subdivision 4a; 256B.0625, subdivision 17; 609.855, subdivision 7; Laws 2021, First Special Session chapter 5, article 4, section 114; Laws 2023, chapter 68, article 1, section 2, subdivision 4; article 2, section 2, subdivisions 3, 4, 5, 7, 9; proposing coding for new law in Minnesota Statutes, chapter 174; repealing Minnesota Statutes 2022, sections 169.011, subdivision 70; 169.25; 174.22, subdivisions 5, 15; 174.23, subdivision 7; Minnesota Rules, parts 8835.0110, subparts 1, 1a, 6, 7, 10, 11a, 12a, 12b, 13a, 14a, 15, 15a, 16, 17, 18, 19; 8835.0210; 8835.0220; 8835.0230; 8835.0240; 8835.0250; 8835.0260; 8835.0265; 8835.0270; 8835.0275; 8835.0280; 8835.0290; 8835.0310; 8835.0320; 8835.0330, subparts 1, 3, 4; 8835.0350, subparts 1, 3, 4, 5.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12116

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

TRANSPORTATION POLICY

 

Section 1.  Minnesota Statutes 2023 Supplement, section 4.076, subdivision 3, is amended to read:

 

Subd. 3.  Membership; chair.  (a) The advisory council consists of the following members:

 

(1) the chair, which is filled on a two-year rotating basis by a designee from:

 

(i) the Office of Traffic Safety in the Department of Public Safety;

 

(ii) the Office of Traffic Engineering in the Department of Transportation; and

 

(iii) the Injury and Violence Prevention Section in the Department of Health;

 

(2) two vice chairs, which must be filled by the two designees who are not currently serving as chair of the advisory council under clause (1);

 

(3) the statewide Toward Zero Deaths coordinator;

 

(4) a regional coordinator from the Toward Zero Deaths program;

 

(5) the chief of the State Patrol or a designee;

 

(6) the state traffic safety engineer in the Department of Transportation or a designee;

 

(7) a law enforcement liaison from the Department of Public Safety;

 

(8) a representative from the Department of Human Services;

 

(9) a representative from the Department of Education;

 

(10) a representative from the Council on Disability;

 

(11) a representative for Tribal governments;

 

(12) a representative from the Center for Transportation Studies at the University of Minnesota;

 

(13) a representative from the Minnesota Chiefs of Police Association;

 

(14) a representative from the Minnesota Sheriffs' Association;

 

(15) a representative from the Minnesota Safety Council;

 

(16) a representative from AAA Minnesota;

 

(17) a representative from the Minnesota Trucking Association;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12117

(18) a representative from the Insurance Federation of Minnesota;

 

(19) a representative from the Association of Minnesota Counties;

 

(20) a representative from the League of Minnesota Cities;

 

(21) the American Bar Association State Judicial Outreach Liaison;

 

(22) a representative from the City Engineers Association of Minnesota;

 

(23) a representative from the Minnesota County Engineers Association;

 

(24) a representative from the Bicycle Alliance of Minnesota;

 

(25) two individuals representing vulnerable road users, including pedestrians, bicyclists, and other operators of a personal conveyance;

 

(26) a representative from Minnesota Operation Lifesaver;

 

(27) a representative from the Minnesota Driver and Traffic Safety Education Association;

 

(28) a representative from the Minnesota Association for Pupil Transportation;

 

(29) a representative from the State Trauma Advisory Council;

 

(30) a person representing metropolitan planning organizations; and

 

(31) a person representing contractors engaged in construction and maintenance of highways and other infrastructure.;

 

(32) the director of the Minnesota Emergency Medical Services Regulatory Board; and

 

(33) a person representing a victims advocacy organization.

 

(b) The commissioners of public safety and transportation must jointly appoint the advisory council members under paragraph (a), clauses (11), (25), (30), and (31), and (33).

 

Sec. 2.  Minnesota Statutes 2022, section 43A.17, is amended by adding a subdivision to read:

 

Subd. 13.  Compensation for law enforcement officers.  (a) For purposes of this subdivision, the term "law enforcement officers" means all licensed peace officers employed by the state who are included in the state units under section 179A.10, subdivision 2, including without limitation:  Minnesota State Patrol troopers, Bureau of Criminal Apprehension agents, and Alcohol and Gambling Enforcement agents, in the Department of Public Safety; Department of Natural Resources conservation officers; Department of Corrections Fugitive Apprehension Unit members; and Commerce Fraud Bureau agents in the Department of Commerce.

 

(b) When the commissioner of management and budget negotiates a collective bargaining agreement establishing compensation for law enforcement officers, the commissioner must use compensation and benefit data from the most recent salary and benefits survey conducted pursuant to section 299D.03, subdivision 2a, to compare salaries to ensure appropriate increases are made to law enforcement officer salaries and benefits.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and expires January 1, 2032.  This section applies to contracts entered into on or after the effective date but before January 1, 2032.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12118

Sec. 3.  Minnesota Statutes 2022, section 65B.28, subdivision 2, is amended to read:

 

Subd. 2.  Accident prevention course; rules.  (a) The commissioner of public safety shall adopt rules establishing and regulating a motor vehicle accident prevention course for persons 55 years old and older. 

 

(b) The rules must, at a minimum, include provisions:

 

(1) establishing curriculum requirements; and

 

(2) establishing the number of hours required for successful completion of the course; and

 

(3) (2) providing for the issuance of a course completion certification and requiring its submission to an insured as evidence of completion of the course.

 

(c) The accident prevention course must be a total of four hours. 

 

EFFECTIVE DATE.  This section is effective July 1, 2024, and applies to accident prevention courses held on or after that date.

 

Sec. 4.  Minnesota Statutes 2023 Supplement, section 115E.042, subdivision 4, is amended to read:

 

Subd. 4.  Response capabilities; time limits.  (a) Following confirmation of a discharge, a railroad must deliver and deploy sufficient equipment and trained personnel to (1) contain and recover discharged oil or other hazardous substances, (2) protect the environment, and (3) assist local public safety officials.  Within 15 minutes of a rail incident involving a confirmed discharge or release of oil or other hazardous substances, a railroad must contact the applicable emergency manager and applicable fire chief department, through the local public safety answering point, having jurisdiction along the route where the incident occurred.  After learning of the rail incident involving oil or other hazardous substances, the applicable emergency manager and applicable fire chief department must, as soon as practicable, identify and provide contact information of the responsible incident commander to the reporting railroad.

 

(b) Within 15 minutes of local emergency responder arrival on the scene of a rail incident involving oil or other hazardous substances, a railroad must assist the incident commander to determine the nature of any hazardous substance known to have been released and hazardous substance cargo transported on the train.  Assistance must include providing information that identifies the chemical content of the hazardous substance, contact information for the shipper, and instructions for dealing with the release of the material.  A railroad may provide information on the hazardous substances transported on the train through the train orders on board the train or by facsimile or electronic transmission.

 

(c) Within one hour of confirmation of a discharge, a railroad must provide a qualified company representative to advise the incident commander, assist in assessing the situation, initiate railroad response actions as needed, and provide advice and recommendations to the incident commander regarding the response.  The representative may be made available by telephone, and must be authorized to deploy all necessary response resources of the railroad.

 

(d) Within three hours of confirmation of a discharge, a railroad must be capable of delivering monitoring equipment and a trained operator to assist in protection of responder and public safety.  A plan to ensure delivery of monitoring equipment and an operator to a discharge site must be provided each year to the commissioner of public safety.

 

(e) Within three hours of confirmation of a discharge, a railroad must provide (1) qualified personnel at a discharge site to assess the discharge and to advise the incident commander, and (2) resources to assist the incident commander with ongoing public safety and scene stabilization.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12119

(f) A railroad must be capable of deploying containment boom from land across sewer outfalls, creeks, ditches, and other places where oil or other hazardous substances may drain, in order to contain leaked material before it reaches those resources.  The arrangement to provide containment boom and staff may be made by:

 

(1) training and caching equipment with local jurisdictions;

 

(2) training and caching equipment with a fire mutual-aid group;

 

(3) means of an industry cooperative or mutual-aid group;

 

(4) deployment of a contractor;

 

(5) deployment of a response organization under state contract; or

 

(6) other dependable means acceptable to the Pollution Control Agency.

 

(g) Each arrangement under paragraph (f) must be confirmed each year.  Each arrangement must be tested by drill at least once every five years.

 

(h) Within eight hours of confirmation of a discharge, a railroad must be capable of delivering and deploying containment boom, boats, oil recovery equipment, trained staff, and all other materials needed to provide:

 

(1) on-site containment and recovery of a volume of oil equal to ten percent of the calculated worst case discharge at any location along the route; and

 

(2) protection of listed sensitive areas and potable water intakes within one mile of a discharge site and within eight hours of water travel time downstream in any river or stream that the right-of-way intersects.

 

(i) Within 60 hours of confirmation of a discharge, a railroad must be capable of delivering and deploying additional containment boom, boats, oil recovery equipment, trained staff, and all other materials needed to provide containment and recovery of a worst case discharge and to protect listed sensitive areas and potable water intakes at any location along the route.

 

Sec. 5.  Minnesota Statutes 2023 Supplement, section 161.045, subdivision 3, is amended to read:

 

Subd. 3.  Limitations on spending.  (a) A commissioner must not pay for any of the following with funds from the highway user tax distribution fund or the trunk highway fund:

 

(1) Bureau of Criminal Apprehension laboratory;

 

(2) Explore Minnesota Tourism kiosks;

 

(3) Minnesota Safety Council;

 

(4) driver education programs;

 

(5) Emergency Medical Services Regulatory Board;

 

(6) Mississippi River Parkway Commission;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12120

(7) payments to the Department of Information Technology Services in excess of actual costs incurred for trunk highway purposes;

 

(8) personnel costs incurred on behalf of the governor's office;

 

(9) the Office of Aeronautics within the Department of Transportation;

 

(10) the Office of Transit and Active Transportation within the Department of Transportation;

 

(11) the Office of Passenger Rail;

 

(12) purchase and maintenance of soft body armor under section 299A.38;

 

(13) tourist information centers;

 

(14) parades, events, or sponsorships of events;

 

(15) the installation, construction, expansion, or maintenance of public electric vehicle infrastructure;

 

(16) (15) the statewide notification center for excavation services pursuant to chapter 216D; and

 

(17) (16) manufacturing license plates.

 

(b) The prohibition in paragraph (a) includes all expenses for the named entity or program, including but not limited to payroll, purchased services, supplies, repairs, and equipment.  This prohibition on spending applies to any successor entities or programs that are substantially similar to the entity or program named in this subdivision.

 

Sec. 6.  Minnesota Statutes 2022, section 161.115, subdivision 116, is amended to read:

 

Subd. 116.  Route No. 185.  Beginning at a point on Route No. 1 at Sandstone and Route No. 390, thence extending in a northeasterly direction to a point on Route No. 103 as herein established in Duluth.

 

EFFECTIVE DATE.  This section is effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Pine County to transfer jurisdiction of a portion of Legislative Route No. 185 and notifies the revisor of statutes electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 7.  Minnesota Statutes 2022, section 161.115, subdivision 117, is amended to read:

 

Subd. 117.  Route No. 186.  Beginning at a point on Route No. 110 as herein established, thence extending in an easterly direction to a point on Route No. 185 as herein established at or near Askov 1 and Route No. 390; affording Isle, and Finlayson, and Askov, a reasonable means of communication each with the other and other places within the state.

 

EFFECTIVE DATE.  This section is effective the day after the commissioner of transportation notifies the revisor of statutes electronically or in writing of the effective date.

 

Sec. 8.  Minnesota Statutes 2022, section 161.115, is amended by adding a subdivision to read:

 

Subd. 272.  Route No. 341.  Beginning at a point on Route No. 1 at Sandstone, thence extending in a generally easterly direction to a point at or near the east bank of the Kettle River.

 

EFFECTIVE DATE.  This section is effective the day after the commissioner of transportation notifies the revisor of statutes electronically or in writing of the effective date.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12121

Sec. 9.  Minnesota Statutes 2022, section 161.321, subdivision 2, is amended to read:

 

Subd. 2.  Small targeted group business, small business; contract preferences.  (a) The commissioner may award up to a six 12 percent preference in the amount bid for specified construction work to small targeted group businesses.

 

(b) The commissioner may designate a contract for construction work for award only to small targeted group businesses if the commissioner determines that at least three small targeted group businesses are likely to bid.

 

(c) The commissioner may award up to a four percent preference in the amount bid for specified construction work to small businesses located in an economically disadvantaged area as defined in section 16C.16, subdivision 7.

 

Sec. 10.  Minnesota Statutes 2022, section 161.321, subdivision 2b, is amended to read:

 

Subd. 2b.  Veteran-owned small business; contract preferences.  (a) The commissioner may award up to a six 12 percent preference in the amount bid for specified construction work to veteran-owned small businesses, except when prohibited by the federal government as a condition of receiving federal funds.  When a bid preference is provided under this section, the percentage of preference in bid amount under this subdivision may not be less than the percentage of bid preference provided to any small targeted group business under subdivision 2.

 

(b) When a bid preference is provided under this subdivision, the commissioner must be as inclusive as possible in specifying contracts for construction work, as well as for construction-related professional and technical services, available under this bid preference program for veteran-owned small businesses.  The term "construction" must be given broad meaning for purposes of specifying and letting contracts for veteran-owned small businesses and must include, but is not limited to, preplanning, planning, and all other construction-related professional and technical services.

 

(c) When a bid preference is provided under this subdivision, the commissioner must strive to ensure that contracts will be awarded on a proportional basis with contracts awarded under subdivision 2.

 

(d) The commissioner may designate a contract for construction work for award only to veteran-owned small businesses, if the commissioner determines that at least three veteran-owned small businesses are likely to bid.

 

Sec. 11.  Minnesota Statutes 2022, section 168.002, subdivision 18, is amended to read:

 

Subd. 18.  Motor vehicle.  (a) "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to operate primarily on highways, and not operated exclusively upon railroad tracks.  It includes any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled by electric power obtained from overhead trolley wires but not operated upon rails.

 

(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle (1) has at least four wheels, (2) is owned and operated by a physically disabled person, and (3) displays both disability plates and a physically disabled certificate issued under section 169.345.

 

(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle before August 1, 1985.  The owner may continue to license an all-terrain vehicle described in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another owner, is destroyed, or fails to comply with the registration and licensing requirements of this chapter.

 

(d) "Motor vehicle" does not include a snowmobile; a manufactured home; a park trailer; an electric personal assistive mobility device as defined in section 169.011, subdivision 26; a motorized foot scooter as defined in section 169.011, subdivision 46; or an electric-assisted bicycle as defined in section 169.011, subdivision 27.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12122

(e) "Motor vehicle" includes an off-highway motorcycle modified to meet the requirements of chapter 169 according to section 84.788, subdivision 12.

 

(f) "Motor vehicle" includes a roadable aircraft as defined in section 169.011, subdivision 67a. 

 

Sec. 12.  Minnesota Statutes 2022, section 168.002, subdivision 24, is amended to read:

 

Subd. 24.  Passenger automobile.  (a) "Passenger automobile" means any motor vehicle designed and used for carrying not more than 15 individuals, including the driver.

 

(b) "Passenger automobile" does not include motorcycles, motor scooters, buses, school buses, or commuter vans as defined in section 168.126.

 

(c) "Passenger automobile" includes, but is not limited to:

 

(1) a vehicle that is a pickup truck or a van as defined in subdivisions 26 and 40;

 

(2) neighborhood electric vehicles, as defined in section 169.011, subdivision 47; and

 

(3) medium-speed electric vehicles, as defined in section 169.011, subdivision 39; and

 

(4) roadable aircraft, as defined in section 169.011, subdivision 67a.

 

Sec. 13.  Minnesota Statutes 2022, section 168.002, subdivision 26, is amended to read:

 

Subd. 26.  Pickup truck.  "Pickup truck" means any truck with a manufacturer's nominal rated carrying capacity of three-fourths ton or less and commonly known as a pickup truck.  If the manufacturer's nominal rated carrying capacity is not provided or cannot be determined, then the value specified by the manufacturer as the gross vehicle weight as indicated on the manufacturer's certification label must be less than 10,000 pounds or less.

 

Sec. 14.  Minnesota Statutes 2022, section 168.002, subdivision 27, is amended to read:

 

Subd. 27.  Recreational vehicle.  (a) "Recreational vehicle" means travel trailers including those that telescope or fold down, chassis-mounted campers, motor homes, tent trailers, teardrop trailers, and converted buses that provide temporary human living quarters.

 

(b) "Recreational vehicle" is a vehicle that:

 

(1) is not used as the residence of the owner or occupant;

 

(2) is used while engaged in recreational or vacation activities; and

 

(3) is either self-propelled or towed on the highways incidental to the recreational or vacation activities.

 

Sec. 15.  Minnesota Statutes 2022, section 168.013, subdivision 1d, is amended to read:

 

Subd. 1d.  Trailer.  (a) On trailers registered at a gross vehicle weight of greater than 3,000 pounds, the annual tax is based on total gross weight and is 30 percent of the Minnesota base rate prescribed in subdivision 1e, when the gross weight is 15,000 pounds or less, and when the gross weight of a trailer is more than 15,000 pounds, the tax for the first eight years of vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and during the ninth and succeeding years of vehicle life the tax is 75 percent of the Minnesota base rate prescribed by


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12123

subdivision 1e.  A trailer registered at a gross vehicle weight greater than 3,000 pounds but no greater than 7,200 pounds may be taxed either:  (1) annually as provided in this paragraph; or (2) once every three years on the basis of total gross weight and is 90 percent of the Minnesota base rate prescribed in subdivision 1e, provided that the filing fee under section 168.33, subdivision 7, paragraph (a), is multiplied by three, with funds collected by the commissioner allocated proportionally in the same manner as provided in section 168.33, subdivision 7, paragraph (e).

 

(b) Farm trailers with a gross weight in excess of 10,000 pounds and as described in section 168.002, subdivision 8, are taxed as farm trucks as prescribed in subdivision 1c.

 

(c) Effective on and after July 1, 2001, trailers registered at a gross vehicle weight of 3,000 pounds or less, excluding recreational vehicles, must display a distinctive plate.  The registration on the license plate is valid for the life of the trailer only if it remains registered at the same gross vehicle weight.  The onetime registration tax for trailers registered for the first time in Minnesota is $55.  For trailers registered in Minnesota before July 1, 2001, and for which:

 

(1) registration is desired for the remaining life of the trailer, the registration tax is $25; or

 

(2) permanent registration is not desired, the biennial registration tax is $10 for the first renewal if registration is renewed between and including July 1, 2001, and June 30, 2003.  These trailers must be issued permanent registration at the first renewal on or after July 1, 2003, and the registration tax is $20.

 

For trailers registered at a gross weight of 3,000 pounds or less before July 1, 2001, but not renewed until on or after July 1, 2003, the registration tax is $20 and permanent registration must be issued.

 

Sec. 16.  Minnesota Statutes 2022, section 168.0135, is amended by adding a subdivision to read:

 

Subd. 2a.  Limitations.  (a) A vendor must not have an ownership interest with a deputy registrar or a driver's license agent.

 

(b) A vendor is not eligible to be appointed by the commissioner as a deputy registrar or a driver's license agent.

 

(c) An entity that owns, leases, or otherwise provides a location where a self-service kiosk is placed is not eligible to be appointed by the commissioner as a deputy registrar or a driver's license agent.  This paragraph does not apply to a deputy registrar or a driver's license agent appointed prior to placement of a self-service kiosk within the office of the deputy registrar or driver's license agent.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 17.  Minnesota Statutes 2022, section 168.12, subdivision 1, is amended to read:

 

Subdivision 1.  Plates; design, visibility, periods of issuance.  (a) The commissioner, upon approval and payment, shall issue to the applicant the plates required by this chapter, bearing the state name and an assigned vehicle registration number.  The number assigned by the commissioner may be a combination of a letter or sign with figures.  The color of the plates and the color of the abbreviation of the state name and the number assigned must be in marked contrast.  The plates must be lettered, spaced, or distinguished to suitably indicate the registration of the vehicle according to the rules of the commissioner.

 

(b) When a vehicle is registered on the basis of total gross weight, the plates issued must clearly indicate by letters or other suitable insignia the maximum gross weight for which the tax has been paid.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12124

(c) Plates issued to a noncommercial vehicle must bear the inscription "noncommercial" unless the vehicle is displaying a special plate authorized and issued under this chapter.

 

(d) A one-ton pickup truck that is used for commercial purposes and is subject to section 168.185, is eligible to display special plates as authorized and issued under this chapter.

 

(e) The plates must be so treated as to be at least 100 times brighter than the conventional painted number plates.  When properly mounted on an unlighted vehicle, the plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

 

(f) The commissioner shall issue plates for the following periods:

 

(1) New plates issued pursuant to section 168.012, subdivision 1, must be issued to a vehicle for as long as the vehicle is owned by the exempt agency and the plate shall not be transferable from one vehicle to another but the plate may be transferred with the vehicle from one tax-exempt agency to another.

 

(2) Plates issued for passenger automobiles must be issued for a seven-year period.  All plates issued under this paragraph must be replaced if they are seven years old or older at the time of registration renewal or will become so during the registration period.

 

(3) Plates issued under sections 168.053 and 168.27, subdivisions 16 and 17, must be for a seven-year period.

 

(4) Plates issued under subdivisions 2c and 2d and sections 168.123, 168.1235, and 168.1255 must be issued for the life of the veteran under section 169.79.

 

(5) Plates for any vehicle not specified in clauses (1) to (3) must be issued for the life of the vehicle.

 

(g) In a year in which plates are not issued, the commissioner shall issue for each registration a sticker to designate the year of registration.  This sticker must show the year or years for which the sticker is issued, and is valid only for that period.  The plates and stickers issued for a vehicle may not be transferred to another vehicle during the period for which the sticker is issued, except when issued for a vehicle registered under section 168.187.

 

(h) Despite any other provision of this subdivision, plates issued to a vehicle used for behind-the-wheel instruction in a driver education course in a public school may be transferred to another vehicle used for the same purpose without payment of any additional fee.  The public school shall notify the commissioner of each transfer of plates under this paragraph.  The commissioner may prescribe a format for notification.

 

(i) In lieu of plates required under this section, the commissioner must issue a registration number identical to the federally issued tail number assigned to a roadable aircraft.

 

Sec. 18.  Minnesota Statutes 2023 Supplement, section 168.1235, subdivision 1, is amended to read:

 

Subdivision 1.  General requirements; fees.  (a) The commissioner shall issue a special plate emblem for each plate to an applicant who:

 

(1) is a member of a congressionally chartered veterans service organization and is a registered owner of a passenger automobile, pickup truck, van, or self-propelled recreational vehicle, or is a congressionally chartered veterans service organization that is the registered owner of a passenger automobile, pickup truck, van, or self‑propelled recreational vehicle;

 

(2) pays the registration tax required by law;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12125

(3) pays a fee in the amount specified for special plates under section 168.12, subdivision 5, for each set of two plates, and any other fees required by this chapter; and

 

(4) complies with this chapter and rules governing the registration of motor vehicles and licensing of drivers.

 

(b) The additional fee is payable at the time of initial application for the special plate emblem and when the plates must be replaced or renewed.  An applicant must not be issued more than two sets of special plate emblems for motor vehicles listed in paragraph (a) and registered to the applicant.

 

(c) The applicant must present a valid card indicating membership in the American Legion, Veterans of Foreign Wars, or Disabled American Veterans.

 

Sec. 19.  Minnesota Statutes 2023 Supplement, section 168.1259, subdivision 5, is amended to read:

 

Subd. 5.  Contributions; account; appropriation.  Contributions collected under subdivision 2, paragraph (a), clause (5), must be deposited in the Minnesota professional sports team foundations account, which is established in the special revenue fund.  Money in the account is annually appropriated to the commissioner of public safety.  This appropriation is first for the annual cost of administering the account funds, and the remaining funds are for distribution to the foundations in proportion to the total number of Minnesota professional sports team foundation plates issued for that year.  Proceeds from a plate that includes the marks and colors of all foundations must be divided evenly between all foundations.  The foundations must only use the proceeds for philanthropic or charitable purposes.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 20.  [168.24] ROADABLE AIRCRAFT REGISTRATION.

 

(a) For purposes of this section, "roadable aircraft" has the meaning given in section 169.011, subdivision 67a.

 

(b) An owner of a roadable aircraft must comply with all rules and requirements of this chapter and chapter 168A governing the titling, registration, taxation, and insurance of motor vehicles. 

 

(c) A person who seeks to register a roadable aircraft for operation as a motor vehicle on public roadways in Minnesota must apply to the commissioner.  The application must contain:

 

(1) the name and address of the owner of the roadable aircraft;

 

(2) the federally issued tail number assigned to the aircraft;

 

(3) the make and model of the roadable aircraft; and

 

(4) any other information the commissioner may require.

 

(d) Upon receipt of a valid and complete application for registration of a roadable aircraft, the commissioner must issue a certificate of registration.

 

(e) A valid registration certificate issued under this section must be located inside the roadable aircraft when the aircraft is in operation on a public highway.

 

(f) A roadable aircraft registered as a motor vehicle under this section must also be registered as an aircraft as provided in section 360.60.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12126

Sec. 21.  Minnesota Statutes 2022, section 168.33, subdivision 8a, is amended to read:

 

Subd. 8a.  Electronic transmission.  (a) If the commissioner accepts electronic transmission of a motor vehicle transfer and registration by a new or used motor vehicle dealer, a deputy registrar who is equipped with electronic transmission technology and trained in its use shall must receive the filing fee provided for in subdivision 7 and review the transfer of each new or used motor vehicle to determine its genuineness and regularity before issuance of a certificate of title, and shall must receive and retain the filing fee under subdivision 7, paragraph (a), clause (2).

 

(b) The commissioner must establish reasonable performance, security, technical, and financial standards to approve companies that provide computer software and services to motor vehicle dealers to electronically transmit vehicle title transfer and registration information.  An approved company must be offered access to department facilities, staff, and technology on a fair and reasonable basis.  An approved company must not have an ownership interest with a deputy registrar or a driver's license agent.  An approved company is not eligible to be appointed by the commissioner as a deputy registrar or a driver's license agent.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 22.  Minnesota Statutes 2023 Supplement, section 168.345, subdivision 2, is amended to read:

 

Subd. 2.  Lessees; information.  (a) The commissioner may not furnish information about registered owners of passenger automobiles who are automobile lessees under a lease for a term of 180 days or more to any person except:

 

(1) the owner of the vehicle,;

 

(2) the lessee,;

 

(3) personnel of law enforcement agencies and;

 

(4) trade associations performing a member service under section 604.15, subdivision 4a, and;

 

(5) licensed dealers in connection with a vehicle sale or lease;

 

(6) federal, state, and local governmental units,; and,

 

(7) at the commissioner's discretion, to persons who use the information to notify lessees of automobile recalls.

 

(b) The commissioner may release information about passenger automobile lessees in the form of summary data, as defined in section 13.02, to persons who use the information in conducting statistical analysis and market research.

 

EFFECTIVE DATE.  This section is effective October 1, 2024.

 

Sec. 23.  Minnesota Statutes 2022, section 168A.085, is amended by adding a subdivision to read:

 

Subd. 4.  Foreign passport.  A valid and unexpired passport issued to the applicant by a recognized foreign government is a primary document for purposes of Minnesota Rules, part 7410.0400, and successor rules, when the applicant is an individual who is applying as the owner for a vehicle title or registration.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12127

Sec. 24.  Minnesota Statutes 2022, section 168B.035, subdivision 3, is amended to read:

 

Subd. 3.  Towing prohibited.  (a) A towing authority may not tow a motor vehicle because:

 

(1) the vehicle has expired displays registration tabs validation stickers 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 (i) at least 12 hours in advance in a home rule charter or statutory city having a population under 50,000, or (ii) 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;

 

(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;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12128

(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 this chapter.

 

Sec. 25.  Minnesota Statutes 2022, section 169.011, subdivision 3a, is amended to read:

 

Subd. 3a.  Autocycle.  (a) "Autocycle" means a motorcycle that:

 

(1) has three wheels in contact with the ground;

 

(2) is designed with seating that does not require operators or any occupants to straddle or sit astride it;

 

(3) has a steering wheel;

 

(4) is equipped with antilock brakes; and

 

(5) is originally manufactured to meet federal motor vehicle safety standards for motorcycles in Code of Federal Regulations, title 49, part 571, and successor requirements.

 

(b) An autocycle does not include a roadable aircraft as defined in subdivision 67a.

 

Sec. 26.  Minnesota Statutes 2022, section 169.011, subdivision 44, is amended to read:

 

Subd. 44.  Motorcycle.  "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and autocycles.  Motorcycle does not include (1) motorized bicycles as defined in subdivision 45, (2) electric-assisted bicycles as defined in subdivision 27, or (3) a tractor, or (4) roadable aircraft.

 

Sec. 27.  Minnesota Statutes 2022, section 169.011, is amended by adding a subdivision to read:

 

Subd. 48a.  Nondivisible load or vehicle.  "Nondivisible load" or "nondivisible vehicle" means any load or vehicle exceeding the applicable length, width, height, or weight limits set forth in this chapter which, if separated into smaller loads or vehicles, would:

 

(1) compromise the intended use of the load or vehicle;

 

(2) destroy the value of the load or vehicle; or

 

(3) require more than eight work hours to dismantle using appropriate equipment.

 

Sec. 28.  Minnesota Statutes 2022, section 169.011, is amended by adding a subdivision to read:

 

Subd. 67a.  Roadable aircraft.  "Roadable aircraft" means any aircraft capable of taking off and landing from a suitable airfield and that is also designed to be operated on a public highway as a motor vehicle.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12129

Sec. 29.  Minnesota Statutes 2022, section 169.09, subdivision 5, is amended to read:

 

Subd. 5.  Notify owner of damaged property.  If the driver of any vehicle involved in a collision knows or has reason to know the collision resulted only in damage to fixtures legally upon or adjacent to a highway, the driver shall must:

 

(1) take reasonable steps to locate and notify the owner or person in charge of the property of that fact the collision, of the driver's name and address, and of the registration license plate number of the vehicle being driven and shall must, upon request and if available, exhibit the driver's license, and make an accident report in every case; and

 

(2) report the information required in clause (1) to a peace officer.

 

Sec. 30.  Minnesota Statutes 2023 Supplement, section 169.09, subdivision 8, is amended to read:

 

Subd. 8.  Officer to report accident to commissioner.  A peace officer who, in the regular course of duty, investigates an accident that must be reported under this section shall, within ten days after the date of the accident, forward an electronic or written report of the accident as prescribed by the commissioner of public safety.  Within two business days after identification of a fatality that resulted from an accident, the reporting agency must notify the commissioner of the basic circumstances of the accident using an electronic format as prescribed by the commissioner.  Accidents involving the following occurrences must be reported under this subdivision if they occur on a trafficway, a traffic right-of-way, public lands, or trail systems:

 

(1) a fatality;

 

(2) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident;

 

(3) one or more motor vehicles incurs disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene of the accident by a tow truck or other motor vehicle;

 

(4) property damage to state-owned highway infrastructure; or

 

(5) any accident involving a school bus or commercial motor vehicle that must be reported under sections 169.4511 and 169.783.

 

Sec. 31.  Minnesota Statutes 2022, section 169.09, subdivision 14a, is amended to read:

 

Subd. 14a.  Suspension of license for failure to report accident.  The commissioner may suspend the license, or any nonresident's operating privilege, of any person driver who willfully fails, refuses, or neglects to make report of a traffic accident as required by the laws of this state.  A license suspension under this section is subject to the notice requirements of section 171.18, subdivision 2.

 

Sec. 32.  Minnesota Statutes 2022, section 169.09, subdivision 19, is amended to read:

 

Subd. 19.  Terminology.  (a) The provisions of this section apply equally whether the term "accident" or "collision" is used.  The term "accident" or "collision" does not include:

 

(1) an occurrence involving only boarding and alighting from a stationary motor vehicle;

 

(2) an occurrence involving only the loading or unloading of cargo; or


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12130

(3) intentional vehicle-to-vehicle contact when initiated by a peace officer:

 

(i) to stop a perpetrator from fleeing in a motor vehicle, as defined in section 609.487, subdivision 3; or

 

(ii) as an authorized use of force, as defined in section 609.06, subdivision 1; 609.065; or 609.066.

 

(b) For purposes of this section, "disabling damage" means damage that prevents a motor vehicle from departing the scene of an accident in its usual manner in daylight after simple repairs.  Disabling damage includes damage to a motor vehicle that could be driven from the scene of an accident but would be further damaged if so driven.  Disabling damage does not include:

 

(1) damage that can be remedied temporarily at the scene of an accident without special tools or parts;

 

(2) tire disablement without other damage, even if no spare tire is available;

 

(3) headlamp or taillight damage; or

 

(4) damage that makes the turn signals, horn, or windshield wipers inoperable.

 

(c) For purposes of this section, motor vehicle includes the various off-road vehicles defined in section 84.771, 84.787, 84.797, 84.81, or 84.92.

 

Sec. 33.  Minnesota Statutes 2022, section 169.19, subdivision 2, is amended to read:

 

Subd. 2.  U-turn.  No vehicle shall be turned The operator of a vehicle must not turn to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where the vehicle cannot be seen by the driver operator of any other vehicle approaching from either direction within 1,000 feet, nor shall the driver.  The operator of a vehicle must not turn the vehicle to proceed in the opposite direction unless the movement can be made safely and without interfering with other traffic.  When necessary to accommodate vehicle configuration on The operator of a vehicle is permitted to make a right-hand turn into the farthest lane of a roadway with two or more lanes in the same direction, a driver may turn the vehicle into the farthest lane and temporarily use the shoulder to make a U-turn in order to make a U-turn at a reduced-conflict intersection if it is safe to do so.

 

Sec. 34.  Minnesota Statutes 2022, section 169.224, subdivision 3, is amended to read:

 

Subd. 3.  Operation.  (a) A neighborhood electric vehicle or a medium-speed electric vehicle may not be operated on a street or highway with a speed limit greater than 35 miles per hour, except to make a direct crossing of that street or highway.

 

(b) A person may operate a three-wheeled neighborhood electric vehicle without a two-wheeled vehicle motorcycle endorsement, provided if the person has a valid driver's license issued under chapter 171.

 

Sec. 35.  Minnesota Statutes 2022, section 169.34, subdivision 1, is amended to read:

 

Subdivision 1.  Prohibitions.  (a) No person shall A person must not stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places:

 

(1) on a sidewalk;

 

(2) in front of a public or private driveway;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12131

(3) within an intersection;

 

(4) within ten feet of a fire hydrant;

 

(5) on a crosswalk;

 

(6) within 20 feet of a crosswalk at an intersection;

 

(7) within 30 feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;

 

(8) between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

 

(9) (8) within 50 feet of the nearest rail of a railroad crossing;

 

(10) (9) within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted;

 

(11) (10) alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;

 

(12) (11) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;

 

(13) (12) upon any bridge or other elevated structure upon a highway or within a highway tunnel, except as otherwise provided by ordinance;

 

(14) (13) within a bicycle lane, except when posted signs permit parking; or

 

(15) (14) at any place where official signs prohibit stopping.

 

(b) No person shall move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful.

 

(c) No person shall A person must not, for camping purposes, leave or park a travel trailer on or within the limits of any highway or on any highway right-of-way, except where signs are erected designating the place as a campsite.

 

(d) No person shall A person must not stop or park a vehicle on a street or highway when directed or ordered to proceed by any peace officer invested by law with authority to direct, control, or regulate traffic.

 

Sec. 36.  Minnesota Statutes 2022, section 169.444, subdivision 4, is amended to read:

 

Subd. 4.  Exception for separated roadway.  (a) A person driving a vehicle on a street or highway with separated roadways is not required to stop the vehicle when approaching or meeting a school bus that is on a different roadway.

 

(b) "Separated roadway" means a road that is separated from a parallel road by a safety isle or safety zone physical barrier, raised median, or depressed median.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12132

Sec. 37.  Minnesota Statutes 2022, section 169.685, is amended by adding a subdivision to read:

 

Subd. 3a.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Booster seat" means a child passenger restraint system that meets applicable federal motor vehicle safety standards and is designed to provide belt-positioning that elevates a child to be properly seated with a safety belt.

 

(c) "Child passenger restraint system" means a device that:

 

(1) meets applicable federal motor vehicle safety standards of the United States Department of Transportation and complies with any other applicable federal regulations;

 

(2) is designed to restrain, seat, or position children; and

 

(3) is appropriate to the age of the child being restrained.

 

Child passenger restraint system includes a booster seat.

 

(d) "Properly restrained" means restrained or secured according to the instructions of both the motor vehicle manufacturer and the child passenger restraint system manufacturer.

 

(e) "Secured with a safety belt" means restrained or secured by a seat belt that (1) meets applicable federal motor vehicle safety standards, and (2) is properly adjusted and fastened, including both the shoulder and lap straps when equipped in the vehicle.

 

Sec. 38.  Minnesota Statutes 2022, section 169.685, subdivision 4, is amended to read:

 

Subd. 4.  Admissibility into evidence.  (a) Except as provided in paragraph (b), proof of the use or failure to use seat belts or a child passenger restraint system as described in subdivision 5 4a, or proof of the installation or failure of installation of seat belts or a child passenger restraint system as described in subdivision 5 shall not be 4a is not admissible in evidence in any litigation involving personal injuries or property damage resulting from the use or operation of any motor vehicle.

 

(b) Paragraph (a) does not affect the right of a person to bring an action for damages arising out of an incident that involves a defectively designed, manufactured, installed, or operating seat belt or child passenger restraint system.  Paragraph (a) does not prohibit the introduction of evidence pertaining to the use of a seat belt or child passenger restraint system in an action described in this paragraph.

 

Sec. 39.  Minnesota Statutes 2022, section 169.685, is amended by adding a subdivision to read:

 

Subd. 4a.  Child passenger restraint systems.  (a) Except as provided in paragraph (c), every driver in this state who transports a child or children under the age of 18 years in a motor vehicle that is in motion or a part of traffic and is required under federal motor vehicle safety standards to be equipped with a safety belt or lower anchors and tethers for children in a passenger seating position must have the child or children secured as follows:

 

(1) a child who is younger than two years of age must be properly restrained in a rear-facing child passenger restraint system with an internal harness, until the child reaches the weight or height limit of the child passenger restraint system;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12133

(2) a child who is at least two years of age and exceeds the rear-facing weight or height limit of the child passenger restraint system must be properly restrained in a forward-facing child passenger restraint system with an internal harness, until the child reaches the weight or height limit of the child passenger restraint system;

 

(3) a child who is at least four years of age and exceeds the weight or height limit of the forward-facing child passenger restraint system must be properly restrained in a booster seat and secured with a safety belt;

 

(4) a child who is at least nine years of age or exceeds the weight or height limit of the child passenger restraint system or the booster seat must be secured with a safety belt adjusted and fastened around the child's body to fit correctly.  The safety belt fits correctly when the child sits all the way back against the vehicle seat, the child's knees bend over the edge of the vehicle seat, the lap strap fits snugly across the child's thighs and lower hips and not the child's abdomen, and the shoulder strap snugly crosses the center of the child's chest and not the child's neck;

 

(5) a child who is younger than 13 years of age must be transported in the rear seat of a motor vehicle, when available, and must be properly restrained in a child passenger restraint system or booster seat or secured with a safety belt; and

 

(6) a child who, because of age or weight, can be placed in more than one category under this paragraph must be placed in the more protective category, where clause (1) provides for the most protective and clause (5) provides for the least protective.

 

(b) The driver of a motor vehicle transporting a child who is younger than six years of age or weighs less than 60 pounds must transport the child in a rear seat if:

 

(1) the vehicle is equipped with a passenger side air bag supplemental restraint system;

 

(2) the air bag system is activated; and

 

(3) a rear seat is available.

 

(c) When the number of children in the motor vehicle under 13 years of age exceeds the number of age- or size‑appropriate child passenger restraint systems and safety belts available in the motor vehicle, the unrestrained children must be seated in a rear seat, if rear seats are available.

 

(d) The weight and height limits of a child passenger restraint system under this subdivision are as established by the child passenger restraint system manufacturer.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to violations committed on or after that date.

 

Sec. 40.  Minnesota Statutes 2022, section 169.685, subdivision 5, is amended to read:

 

Subd. 5.  Violation; petty misdemeanor.  (a) Every motor vehicle operator, when transporting a child who is both under the age of eight and shorter than four feet nine inches on the streets and highways of this state in a motor vehicle equipped with factory-installed seat belts, shall equip and install for use in the motor vehicle, according to the manufacturer's instructions, a child passenger restraint system meeting federal motor vehicle safety standards.

 

(b) No motor vehicle operator who is operating a motor vehicle on the streets and highways of this state may transport a child who is both under the age of eight and shorter than four feet nine inches in a seat of a motor vehicle equipped with a factory-installed seat belt, unless the child is properly fastened in the child passenger restraint system. Any motor vehicle operator who violates this subdivision 4a is guilty of a petty misdemeanor and may be


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12134

sentenced to pay a fine of not more than $50.  The fine may be waived or the amount reduced if the motor vehicle operator produces evidence that within 14 days after the date of the violation a child passenger restraint system meeting federal motor vehicle safety standards was purchased or obtained for the exclusive use of the operator.

 

(c) (b) At the time of issuance of a citation under this subdivision, a peace officer may provide to the violator information on obtaining a free or low-cost child passenger restraint system.

 

(d) (c) The fines collected for violations of this subdivision must be deposited in the state treasury and credited to a special account to be known as the Minnesota child passenger restraint and education account.

 

(e) For the purposes of this section, "child passenger restraint system" means any device that meets the standards of the United States Department of Transportation; is designed to restrain, seat, or position children; and includes a booster seat.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to violations committed on or after that date.

 

Sec. 41.  Minnesota Statutes 2022, section 169.79, is amended by adding a subdivision to read:

 

Subd. 3b.  Roadable aircraft.  Notwithstanding subdivision 1 and section 168.09, subdivision 1, a roadable aircraft is not required to display a license plate.

 

Sec. 42.  Minnesota Statutes 2022, section 169.80, is amended by adding a subdivision to read:

 

Subd. 4.  Divisible load.  (a) A load that is not a nondivisible load on a vehicle or combination of vehicles must be transported:

 

(1) with the load reduced or positioned in a manner so that the transportation does not exceed the size and weight limits of vehicles under this chapter; or

 

(2) under a special permit authorized in this chapter for which the transportation qualifies.

 

(b) The applicant for a special permit related to a nondivisible load has the burden of proof as to the number of work hours required to dismantle the load.

 

Sec. 43.  Minnesota Statutes 2022, section 169.974, subdivision 2, is amended to read:

 

Subd. 2.  License endorsement and permit requirements.  (a) No person shall A person must not operate a motorcycle on any street or highway without having a valid driver's license with a two-wheeled vehicle motorcycle endorsement as provided by law.  A person may operate an autocycle without a two-wheeled vehicle motorcycle endorsement, provided if the person has a valid driver's license issued under section 171.02.

 

(b) The commissioner of public safety shall must issue a two-wheeled vehicle motorcycle endorsement only if the applicant (1) has in possession a valid two-wheeled vehicle motorcycle instruction permit as provided in paragraph (c), (2) has passed a written examination and road test administered by the Department of Public Safety for the endorsement, and (3) in the case of applicants under 18 years of age, presents a certificate or other evidence of having successfully completed an approved two-wheeled vehicle motorcycle driver's safety course in this or another state, in accordance with rules adopted by the commissioner of public safety for courses offered by a public, private, or commercial school or institute.  The commissioner of public safety may waive the road test for any applicant on determining that the applicant possesses a valid license to operate a two-wheeled vehicle motorcycle issued by a jurisdiction that requires a comparable road test for license issuance.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12135

(c) The commissioner of public safety shall must issue a two-wheeled vehicle motorcycle instruction permit to any person over 16 years of age who (1) is in possession of a valid driver's license, (2) is enrolled in an approved two-wheeled vehicle motorcycle driver's safety course, and (3) has passed a written examination for the permit and paid a fee prescribed by the commissioner of public safety.  A two-wheeled vehicle motorcycle instruction permit is effective for one year and may be renewed under rules prescribed by the commissioner of public safety.

 

(d) No A person who is operating by virtue of a two-wheeled vehicle motorcycle instruction permit shall must not:

 

(1) carry any passengers on the streets and highways of this state on the motorcycle while the person is operating the motorcycle;

 

(2) drive the motorcycle at night; or

 

(3) drive the motorcycle without wearing protective headgear that complies with standards established by the commissioner of public safety.

 

(e) Notwithstanding paragraphs (a) to (d), the commissioner of public safety may issue a special motorcycle permit, restricted or qualified as the commissioner of public safety deems proper, to any person demonstrating a need for the permit and unable to qualify for a driver's license.

 

Sec. 44.  [169.975] OPERATION OF ROADABLE AIRCRAFT.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Aircraft" has the meaning given in section 360.013, subdivision 37.

 

(c) "Airport" has the meaning given in section 360.013, subdivision 39, and includes a personal-use airport as defined in Minnesota Rules, part 8800.0100, subpart 22a.

 

(d) "Restricted landing area" has the meaning given in section 360.013, subdivision 57.

 

(e) "Unlicensed landing area" has the meaning given in Minnesota Rules, part 8800.0100, subpart 32a.

 

Subd. 2.  Operation.  (a) A roadable aircraft is considered a motor vehicle when in operation, including on a public highway, except when the vehicle is (1) at an airport, (2) on a restricted landing area, (3) on an unlicensed landing area, or (4) in flight.  When operating a roadable aircraft as a motor vehicle, an operator must comply with all rules and requirements set forth in this chapter governing the operation and insurance of a motor vehicle.

 

(b) When in operation at an airport, a restricted landing area, an unlicensed landing area, or in flight, a roadable aircraft is considered an aircraft and the operator must comply with all rules and requirements set forth in chapter 360.  An owner of a roadable aircraft registered in Minnesota must comply with all rules and requirements of chapter 360 governing the registration, taxation, and insurance of aircraft. 

 

(c) A roadable aircraft may only take off or land at an airport, unlicensed landing area, or restricted landing area.

 

Sec. 45.  Minnesota Statutes 2022, section 169A.52, subdivision 7, is amended to read:

 

Subd. 7.  Test refusal; driving privilege lost.  (a) On behalf of the commissioner, a peace officer requiring a test or directing the administration of a chemical test shall serve immediate notice of intention to revoke and of revocation on a person who refuses to permit a test or on a person who submits to a test the results of which indicate an alcohol concentration of 0.08 or more.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12136

(b) On behalf of the commissioner, a peace officer requiring a test or directing the administration of a chemical test of a person driving, operating, or in physical control of a commercial motor vehicle shall serve immediate notice of intention to disqualify and of disqualification on a person who refuses to permit a test, or on a person who submits to a test the results of which indicate an alcohol concentration of 0.04 or more.

 

(c) The officer shall:

 

(1) invalidate the person's driver's license or permit card by clipping the upper corner of the card in such a way that no identifying information including the photo is destroyed, and immediately return the card to the person;

 

(2) issue the person a temporary license effective for only seven days; and

 

(3) send the notification of this action to the commissioner along with the certificate required by subdivision 3 or 4.

 

Sec. 46.  Minnesota Statutes 2022, section 171.01, subdivision 40, is amended to read:

 

Subd. 40.  Motorcycle.  "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including.  Motorcycle includes motor scooters and bicycles with motor attached, but excluding.

 

(b) Motorcycle excludes tractors and, motorized bicycles, and roadable aircraft, as defined in section 169.011, subdivision 67a.

 

Sec. 47.  Minnesota Statutes 2022, section 171.01, subdivision 41a, is amended to read:

 

Subd. 41a.  Noncompliant license; noncompliant identification card.  "Noncompliant license," "noncompliant identification card," or "noncompliant license or identification card," means a driver's license or a Minnesota identification card issued under section 171.019, subdivision 2, paragraph (b).  Unless provided otherwise, noncompliant license includes an appropriate instruction permit, provisional license, limited license, and restricted license.

 

Sec. 48.  Minnesota Statutes 2022, section 171.01, is amended by adding a subdivision to read:

 

Subd. 45c.  REAL ID compliant license; REAL ID compliant identification card.  "REAL ID compliant license," "REAL ID compliant identification card," or "REAL ID compliant license or identification card" means a driver's license or a Minnesota identification card issued under section 171.019, subdivision 2, paragraph (a).  Unless provided otherwise, REAL ID compliant license includes an appropriate instruction permit, provisional license, limited license, and restricted license.

 

Sec. 49.  Minnesota Statutes 2022, section 171.01, subdivision 47, is amended to read:

 

Subd. 47.  State.  "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, including a United States military base located on foreign soil.

 

Sec. 50.  Minnesota Statutes 2022, section 171.06, subdivision 2a, is amended to read:

 

Subd. 2a.  Two-wheeled vehicle Motorcycle endorsement fee.  (a) In addition to the appropriate fee under subdivision 2, the fee for a two-wheeled vehicle motorcycle endorsement on a driver's license is:

 

(1) $26.50 for an initial endorsement or a duplicate license obtained for the purpose of adding the endorsement; and

 

(2) $17 for each license renewal with the endorsement.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12137

(b) The additional fee must be paid into the state treasury and credited as follows:

 

(1) $19 of the additional fee under paragraph (a), clause (1), and $11 of the additional fee under paragraph (a), clause (2), to the motorcycle safety fund, which is hereby created; and

 

(2) the remainder to the general fund.

 

(c) All application forms prepared by the commissioner for two-wheeled vehicle motorcycle endorsements must clearly state the amount of the total fee that is dedicated to the motorcycle safety fund.

 

Sec. 51.  Minnesota Statutes 2023 Supplement, section 171.06, subdivision 3, is amended to read:

 

Subd. 3.  Contents of application; other information.  (a) An application must:

 

(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii) designated address under section 5B.05;

 

(2) as may be required by the commissioner, contain a description of the applicant and any other facts pertaining to the applicant, including the applicant's height in feet and inches, weight in pounds, eye color, and sex; the applicant's driving privileges,; and the applicant's ability to operate a motor vehicle with safety;

 

(3) state:

 

(i) the applicant's Social Security number; or

 

(ii) if the applicant does not have a Social Security number and is applying for a Minnesota identification card, instruction permit, or class D provisional or driver's license, that the applicant elects not to specify a Social Security number;

 

(4) contain a notification to the applicant of the availability of a living will/health care directive designation on the license under section 171.07, subdivision 7;

 

(5) include a method for the applicant to:

 

(i) request a veteran designation on the license under section 171.07, subdivision 15, and the driving record under section 171.12, subdivision 5a;

 

(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);

 

(iii) as applicable, designate document retention as provided under section 171.12, subdivision 3c;

 

(iv) indicate emergency contacts as provided under section 171.12, subdivision 5b;

 

(v) indicate the applicant's race and ethnicity; and

 

(vi) indicate caretaker information as provided under section 171.12, subdivision 5c; and

 

(6) meet the requirements under section 201.161, subdivision 3.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12138

(b) Applications must be accompanied by satisfactory evidence demonstrating:

 

(1) identity, date of birth, and any legal name change if applicable; and

 

(2) for driver's drivers' licenses and Minnesota identification cards that meet all requirements of the REAL ID Act:

 

(i) principal residence address in Minnesota, including application for a change of address, unless the applicant provides a designated address under section 5B.05;

 

(ii) Social Security number, or related documentation as applicable; and

 

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

 

(c) An application for an enhanced driver's license or enhanced identification card must be accompanied by:

 

(1) satisfactory evidence demonstrating the applicant's full legal name and United States citizenship; and

 

(2) a photographic identity document.

 

(d) A valid Department of Corrections or Federal Bureau of Prisons identification card containing the applicant's full name, date of birth, and photograph issued to the applicant is an acceptable form of proof of identity in an application for an identification card, instruction permit, or driver's license as a secondary document for purposes of Minnesota Rules, part 7410.0400, and successor rules.

 

(e) (d) An application form must not provide for identification of (1) the accompanying documents used by an applicant to demonstrate identity, or (2) except as provided in paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence in the United States.  The commissioner and a driver's license agent must not inquire about an applicant's citizenship, immigration status, or lawful presence in the United States, except as provided in paragraphs (b) and (c).

 

(e) A Minnesota driver's license or identification card must be issued only to an individual who has a residence address in the state at the time of the application.  Applications for an enhanced driver's license or enhanced identification card must include proof of residency in accordance with section 171.063, subdivision 6.  An individual may only have one residence address where the individual is domiciled at any particular time.  The residence address of the individual is presumed to continue until the contrary is shown.  The applicant must provide the following information about the residence address:  residence number, street name, street type, directional, city or town, state, and zip code.

 

Sec. 52.  Minnesota Statutes 2022, section 171.0605, subdivision 2, is amended to read:

 

Subd. 2.  Evidence; identity; date of birth.  (a) Only the following is satisfactory evidence of an applicant's identity and date of birth under section 171.06, subdivision 3, paragraph (b):

 

(1) a driver's license or identification card that:

 

(i) complies with all requirements of the REAL ID Act;

 

(ii) is not designated as temporary or limited term; and

 

(iii) is current or has been expired for five years or less;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12139

(2) a valid, unexpired United States passport, including a passport booklet or passport card, issued by the United States Department of State;

 

(3) a certified copy of a birth certificate issued by a government bureau of vital statistics or equivalent agency in the applicant's state of birth, which must bear the raised or authorized seal of the issuing government entity;

 

(4) a consular report of birth abroad, certification of report of birth, or certification of birth abroad, issued by the United States Department of State, Form FS-240, Form DS-1350, or Form FS-545;

 

(5) a valid, unexpired permanent resident card issued by the United States Department of Homeland Security or the former Immigration and Naturalization Service of the United States Department of Justice, Form I-551.  If the Form I-551 validity period has been automatically extended by the United States Department of Homeland Security, it is deemed unexpired, regardless of the expiration date listed;

 

(6) a foreign passport with an unexpired temporary I-551 stamp or a temporary I-551 printed notation on a machine-readable immigrant visa with a United States Department of Homeland Security admission stamp within the validity period;

 

(7) a United States Department of Homeland Security Form I-94 or Form I-94A with a photograph and an unexpired temporary I-551 stamp;

 

(8) a United States Department of State Form DS-232 with a United States Department of Homeland Security admission stamp and validity period;

 

(6) (9) a certificate of naturalization issued by the United States Department of Homeland Security, Form N-550 or Form N-570;

 

(7) (10) a certificate of citizenship issued by the United States Department of Homeland Security, Form N-560 or Form N-561;

 

(8) (11) an unexpired employment authorization document issued by the United States Department of Homeland Security, Form I-766 or Form I-688B.  If the Form I-766 validity period has been automatically extended by the United States Department of Homeland Security, it is deemed unexpired, regardless of the expiration date listed;

 

(9) (12) a valid, unexpired passport issued by a foreign country and a valid, unexpired United States visa accompanied by documentation of the applicant's most recent lawful admittance into the United States;

 

(10) (13) a document as designated by the United States Department of Homeland Security under Code of Federal Regulations, title 6, part 37.11 (c)(1)(x);

 

(11) (14) a copy of the applicant's certificate of marriage certified by the issuing government jurisdiction;

 

(12) (15) a certified copy of a court order that specifies the applicant's name change; or

 

(13) (16) a certified copy of a divorce decree or dissolution of marriage that specifies the applicant's name change, issued by a court.

 

(b) A document under paragraph (a) must be legible and unaltered.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12140

Sec. 53.  Minnesota Statutes 2023 Supplement, section 171.0605, subdivision 5, is amended to read:

 

Subd. 5.  Evidence; residence in Minnesota.  (a) Submission of two forms of documentation from the following is satisfactory evidence of an applicant's principal residence address in Minnesota under section 171.06, subdivision 3, paragraph (b):

 

(1) a home utility services bill issued no more than 12 months before the application;

 

(2) a home utility services hook-up work order issued no more than 12 months before the application;

 

(3) United States bank or financial information issued no more than 12 months before the application, with account numbers redacted, including:

 

(i) a bank account statement;

 

(ii) a credit card or debit card statement;

 

(iii) a brokerage account statement;

 

(iv) a money market account statement;

 

(v) a Health Savings Account statement; or

 

(vi) a retirement account statement;

 

(4) a certified transcript from a United States high school, if issued no more than 180 days before the application;

 

(5) a certified transcript from a Minnesota college or university, if issued no more than 180 days before the application;

 

(6) a student summary report from a United States high school signed by a school principal or designated authority and issued no more than 180 days before the application;

 

(7) an employment pay stub issued no more than 12 months before the application that lists the employer's name and address;

 

(8) a Minnesota unemployment insurance benefit statement issued no more than 12 months before the application;

 

(9) a statement from an assisted living facility licensed under chapter 144G, nursing home licensed under chapter 144A, or a boarding care facility licensed under sections 144.50 to 144.56, that was issued no more than 12 months before the application;

 

(10) a current policy or card for health, automobile, homeowner's, or renter's insurance;

 

(11) a federal or state income tax return for the most recent tax filing year;

 

(12) a Minnesota property tax statement for the current or prior calendar year or a proposed Minnesota property tax notice for the current year that shows the applicant's principal residential address both on the mailing portion and the portion stating what property is being taxed;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12141

(13) a Minnesota vehicle certificate of title;

 

(14) a filed property deed or title for current residence;

 

(15) a Supplemental Security Income award statement issued no more than 12 months before the application;

 

(16) mortgage documents for the applicant's principal residence;

 

(17) a residential lease agreement for the applicant's principal residence issued no more than 12 months before the application;

 

(18) an affidavit of residence for an applicant whose principal residence is a group home, communal living arrangement, cooperative, or a religious order issued no more than 90 days before the application;

 

(19) an assisted living or nursing home statement issued no more than 90 days before the application;

 

(20) a valid driver's license, including an instruction permit, issued under this chapter;

 

(21) a valid Minnesota identification card;

 

(22) an unexpired Minnesota professional license;

 

(23) an unexpired Selective Service card;

 

(24) military orders that are still in effect at the time of application;

 

(25) a cellular phone bill issued no more than 12 months before the application; or

 

(26) a valid license issued pursuant to the game and fish laws.

 

(b) In lieu of one of the two documents required by paragraph (a), an applicant under the age of 18 may use a parent or guardian's proof of principal residence as provided in this paragraph.  The parent or guardian of the applicant must provide a document listed under paragraph (a) that includes the parent or guardian's name and the same address as the address on the document provided by the applicant.  The parent or guardian must also certify that the applicant is the child of the parent or guardian and lives at that address.

 

(c) A document under paragraph (a) must include the applicant's name and principal residence address in Minnesota.

 

(d) For purposes of this section subdivision, Internet service and cable service are utilities under this section and Minnesota Rules, part 7410.0410, subpart 4a.

 

Sec. 54.  [171.062] EVIDENCE OF IDENTITY; NONCOMPLIANT CREDENTIALS.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Court" includes a foreign court of competent jurisdiction.

 

(c) "Foreign" means a jurisdiction that is not, and is not within, the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, or a territory of the United States.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12142

Subd. 2.  Evidence of identity.  For a noncompliant license or identification card, an applicant must submit:

 

(1) a Minnesota driver's license or identification card that is current or has been expired:

 

(i) for five years or less with a color photograph or electronically produced or digitized image; or

 

(ii) for one year or less without a color photograph or electronically produced or digitized image; or

 

(2) if the applicant cannot present a credential under clause (1), either:

 

(i) one primary document under subdivision 4 and one secondary document under subdivision 5; or

 

(ii) two primary documents under subdivision 4.

 

Subd. 3.  General requirements.  (a) A document submitted under this section must include the applicant's name and must be:

 

(1) issued to or provided for the applicant;

 

(2) legible and unaltered;

 

(3) an original or a copy certified by the issuing agency or by a court; and

 

(4) accompanied by a certified translation or an affidavit of translation into English, if the document is not in English.

 

(b) If the applicant's current legal name is different from the name on a document submitted under subdivision 4 or 5, the applicant must submit:

 

(1) a certified copy of a court order that specifies the applicant's name change;

 

(2) a certified copy of the applicant's certificate of marriage;

 

(3) a certified copy of a divorce decree or dissolution of marriage that specifies the applicant's name change, issued by a court; or

 

(4) similar documentation of a lawful change of name, as determined by the commissioner.

 

(c) A form issued by a federal agency that is specified under this section includes any subsequent form or version.

 

(d) The commissioner must establish a process to grant a waiver from the requirements under this section.

 

(e) The same document must not be submitted as both a primary document and a secondary document.

 

Subd. 4.  Primary documents.  (a) For purposes of a noncompliant driver's license or identification card, a primary document includes:

 

(1) a copy of the applicant's record of birth, or an original certificate of birth that is in the files of the applicable bureau or board under item (iii) and can be readily viewed by the official accepting the application, certified by the issuing state that:

 

(i) is not issued by a hospital and is not a baptismal certificate;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12143

(ii) bears the raised or authorized seal of the issuing government jurisdiction or a protective equivalent; and

 

(iii) is issued by:

 

(A) a government bureau of vital statistics or community health board;

 

(B) the United States Department of State as a Record of Birth Abroad, Form FS-545 or Form DS-1350; or

 

(C) a United States embassy as a Consular Report of Birth Abroad, Form FS-240;

 

(2) a certified copy of an adoption certificate with the applicant's full name and date of birth from a United States court of competent jurisdiction that bears the raised court seal or other court certification;

 

(3) an unexpired identification card issued to the applicant by the United States Department of Defense for active duty, reserve, or retired military personnel, Form DD-2 or Common Access Card;

 

(4) a valid, unexpired passport issued to the applicant by the United States Department of State;

 

(5) a Canadian birth certificate or Canadian naturalization certificate;

 

(6) one of the following documents issued by the United States Department of Justice or the United States Department of Homeland Security or any subsequent form or version of the documents:

 

(i) Certificate of Naturalization, Form N-550, Form N-570, or Form N-578;

 

(ii) Certificate of Citizenship, Form N-560, Form N-561, or Form N-645;

 

(iii) United States Citizen Identification card, Form I-179 or Form I-197;

 

(iv) valid, unexpired Permanent Resident or Resident Alien card, Form I-551 or Form I-151;

 

(v) Northern Mariana card, Form I-873, with "Northern Mariana" imprinted instead of "Resident Alien";

 

(vi) American Indian card, Form I-872, with "American Indian" imprinted instead of "Resident Alien";

 

(vii) unexpired employment authorization document with a photograph, Form I-688, Form I-688A, Form I-688B, or Form I-766; or

 

(viii) unexpired Re-entry Permit/Refugee Travel Document, Form I-571;

 

(7) an unexpired passport or a consular identification document that bears a photograph of the applicant;

 

(8) a certified birth certificate issued by a foreign jurisdiction; and

 

(9) a certified adoption certificate issued by a foreign jurisdiction that includes the applicant's name and date of birth.

 

(b) A document submitted under this subdivision must contain security features that make the document as impervious to alteration as is reasonably practicable in its design and quality of material and technology.

 

(c) Submission of more than one primary document is not required under this subdivision.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12144

Subd. 5.  Secondary documents.  (a) For purposes of a noncompliant driver's license or identification card, a secondary document includes:

 

(1) a second primary document listed under subdivision 4, paragraph (a);

 

(2) a driver's license, identification card, or permit, with a photograph or digitized image, issued by a United States state other than Minnesota or a foreign jurisdiction and that is current or has expired no more than five years before the application;

 

(3) a certified copy of a court order or judgment from a United States or Canadian court of competent jurisdiction containing the applicant's full name and date of birth and bearing the raised court seal or other court certification;

 

(4) a current United States or Canadian government jurisdiction employee photo identification card;

 

(5) a certified copy of a record of birth issued by a government jurisdiction other than one in the United States, the District of Columbia, Guam, Puerto Rico, or the United States Virgin Islands;

 

(6) a current identification card or document issued to the applicant by the United States Department of Defense, described as:

 

(i) DD Form 1173 series, for dependents of active duty personnel; or

 

(ii) DD Form 214, Certificate of Release or Discharge from Active Duty;

 

(7) a copy of a marriage certificate certified by the issuing government jurisdiction or the original certificate only if it is in the files of the issuing jurisdiction and can be readily viewed by the official accepting the application;

 

(8) an unexpired permit to carry a firearm or concealed weapon bearing a color photo of the applicant issued by a chief of police in an organized, full-time United States police department or by a United States county sheriff;

 

(9) a current pilot's license issued by the United States Department of Transportation, Federal Aviation Administration;

 

(10) a copy of a transcript containing the applicant's full legal name and date of birth certified by the issuing secondary or postsecondary school;

 

(11) a United States nonmetal Social Security card or a Canadian social insurance card;

 

(12) a current secondary school student identification card with the student's name, a photograph or electronically produced image of the student, and the student's date of birth or unique student identification number;

 

(13) a notice of action on or proof of submission of a completed Application for Asylum and for Withholding of Removal issued by the United States Department of Homeland Security, Form I-589;

 

(14) a Certificate of Eligibility for Nonimmigrant Student Status issued by the United States Department of Homeland Security, Form I-20;

 

(15) a Certificate of Eligibility for Exchange Visitor (J-1) Status issued by the United States Department of State, Form DS-2019;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12145

(16) a Deferred Action for Childhood Arrival approval notice issued by the United States Department of Homeland Security;

 

(17) an employment authorization document issued by the United States Department of Homeland Security, Form I-688, Form I-688A, Form I-688B, or Form I-766;

 

(18) a document issued by the Internal Revenue Service with an individual taxpayer identification number;

 

(19) a Social Security card;

 

(20) a Supplemental Security Income award statement;

 

(21) a Selective Service card;

 

(22) military orders that are still in effect at the time of the application with a copy of a DD Form 2058 State of Legal Residence Certificate;

 

(23) a Minnesota unemployment insurance benefit statement;

 

(24) a valid identification card for health benefits or an assistance or social services program;

 

(25) a Minnesota vehicle certificate of title;

 

(26) mortgage documents for the applicant's residence;

 

(27) a filed property deed or title for the applicant's residence;

 

(28) a Minnesota property tax statement or a proposed Minnesota property tax notice;

 

(29) a certified copy of a divorce decree or dissolution of marriage issued by a court that specifies the applicant's name or name change;

 

(30) a valid Department of Corrections or Federal Bureau of Prisons identification card containing the applicant's full name, date of birth, and photograph; and

 

(31) any of the following documents issued by a foreign jurisdiction:

 

(i) a driver's license that is current or has been expired for no more than five years before the application;

 

(ii) a high school, college, or university student identification card with a certified transcript from the school;

 

(iii) an official high school, college, or university transcript that includes the applicant's date of birth and a photograph of the applicant at the age the record was issued;

 

(iv) a federal electoral card that contains the applicant's photograph issued on or after January 1, 1991;

 

(v) a certified copy of the applicant's certificate of marriage; and

 

(vi) a certified copy of a court order or judgment from a court of competent jurisdiction that contains the applicant's name and date of birth.

 

(b) Submission of more than one secondary document is not required under this subdivision.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12146

Subd. 6.  Verification.  The department must be able to verify with the issuing jurisdiction the issuance and authenticity of the primary or secondary documents submitted under this section.  Verification is required if:

 

(1) the document provided by the applicant is inconsistent with the department record;

 

(2) the document provided by the applicant appears to be altered or fraudulent; or

 

(3) there is reason to believe the applicant is not who the applicant claims to be.

 

Sec. 55.  [171.063] EVIDENCE OF IDENTITY FOR ENHANCED CREDENTIALS.

 

Subdivision 1.  Date of birth.  As satisfactory evidence of date of birth, an applicant for an enhanced driver's license or an enhanced identification card must present one of the following documents:

 

(1) original or certified copy of a United States or United States territory birth certificate that bears the raised or authorized seal of the issuing jurisdiction or a protective equivalent;

 

(2) United States Department of State Consular Report of Birth Abroad, Form FS-240, Form DS-1350, or Form FS-545;

 

(3) valid, unexpired United States passport or United States passport card;

 

(4) Certificate of Naturalization, Form N-550 or Form N-570;

 

(5) Certificate of Citizenship, Form N-560 or Form N-561;

 

(6) American Indian card, Form I-872, or Minnesota tribal identification card that meets the requirements of section 171.072; or

 

(7) United States military photo identification card issued to active duty, reserve, or retired military personnel.

 

Subd. 2.  Full legal name.  As satisfactory evidence of full legal name, an applicant for an enhanced driver's license or enhanced identification card must present one of the following documents that was not also presented for proof of photographic identity under subdivision 4:

 

(1) original or certified copy of a United States or United States territory birth certificate that bears the raised or authorized seal of the issuing jurisdiction or a protective equivalent;

 

(2) United States Department of State Consular Report of Birth Abroad, Form FS-240, Form DS-1350, or Form FS-545;

 

(3) valid, unexpired United States passport or United States passport card;

 

(4) Certificate of Naturalization, Form N-550 or Form N-570;

 

(5) Certificate of Citizenship, Form N-560 or Form N-561;

 

(6) American Indian card, Form I-872, or Minnesota tribal identification card that meets the requirements of section 171.072;

 

(7) United States military photo identification card issued to active duty, reserve, or retired military personnel;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12147

(8) federal or Minnesota income tax form W-2;

 

(9) federal or Minnesota income tax form SSA-1099;

 

(10) non-SSA federal or Minnesota income tax form 1099;

 

(11) United States high school identification card with a certified transcript from the same school if issued no more than 180 days before the application;

 

(12) United States college or university identification card with a certified transcript from the same college or university if issued no more than 180 days before the application;

 

(13) Minnesota unemployment insurance benefit statement issued no more than 90 days before the application;

 

(14) life, health, automobile, homeowner's, or renter's insurance policy that is issued no more than 90 days before the application.  The commissioner must not accept a proof of insurance card;

 

(15) federal or state income tax return or statement for the most recent tax filing year;

 

(16) Minnesota property tax statement for the current year that reflects the applicant's principal residential address both on the mailing portion and the portion stating what property is being taxed;

 

(17) Minnesota vehicle certificate of title if issued no more than 12 months before the application;

 

(18) filed property deed or title for the applicant's current residence if issued no more than 12 months before the application;

 

(19) Supplemental Security Income award statement that is issued no more than 12 months before the application;

 

(20) valid Minnesota driver's license, valid Minnesota identification card, or valid permit;

 

(21) unexpired Minnesota professional license;

 

(22) unexpired Selective Service card;

 

(23) military orders that are still in effect at the time of the application;

 

(24) copy of the applicant's certificate of marriage certified by the issuing government jurisdiction;

 

(25) certified copy of a court order specifying a name change; or

 

(26) certified copy of a divorce decree or dissolution of marriage granted to the applicant that specifies a name change requested from a court of competent jurisdiction.

 

Subd. 3.  Social Security number.  As satisfactory evidence of Social Security number, an applicant for an enhanced driver's license or an enhanced identification card must present the applicant's original Social Security card or one of the following:

 

(1) federal or Minnesota income tax form W-2;

 

(2) federal or Minnesota income tax form SSA-1099;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12148

(3) non-SSA federal or Minnesota income tax form 1099; or

 

(4) United States employment computer-printed pay stub containing the applicant's name, address, and full Social Security number.

 

Subd. 4.  Photographic identity.  As satisfactory evidence of photographic identity, an applicant for an enhanced driver's license or an enhanced identification card must present one of the following documents:

 

(1) valid Minnesota driver's license, identification card, or permit;

 

(2) valid driver's license, identification card, or permit issued by another United States state, including the District of Columbia and any United States territory;

 

(3) United States military identification card issued to active duty, reserve, or retired military personnel;

 

(4) United States military dependent identification card;

 

(5) valid, unexpired United States passport or United States passport card;

 

(6) American Indian card, Form I-872, or Minnesota tribal identification card that meets the requirements under section 171.072;

 

(7) valid city, county, state, or federal employee identification card;

 

(8) United States high school identification card with a certified transcript from the same school, both issued no more than 180 days before the application;

 

(9) United States college or university identification card with a certified transcript from the same college or university, both issued no more than 180 days before the application; or

 

(10) veterans universal access identification card.

 

Subd. 5.  United States citizenship.  As satisfactory evidence of United States citizenship, an applicant for an enhanced driver's license or enhanced identification card must present one of the following documents:

 

(1) original or certified copy of a United States or United States territory birth certificate that bears the raised or authorized seal of the issuing jurisdiction or a protective equivalent;

 

(2) United States Department of State Consular Report of Birth Abroad, Form FS-240, Form DS-1350, or Form FS-545;

 

(3) valid, unexpired United States passport or United States passport card;

 

(4) Certificate of Naturalization, Form N-550 or Form N-570; or

 

(5) Certificate of Citizenship, Form N-560 or Form N-561.

 

Subd. 6.  Residency.  (a) As satisfactory evidence of residency, an applicant for an enhanced driver's license or enhanced identification card must present two different forms of the following documents that list the applicant's name and address:

 

(1) United States home utility services bill that is issued no more than 90 days before the application.  The commissioner must not accept a United States home utility bill if two unrelated people are listed on the bill;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12149

(2) United States home utility services hook-up work order that is issued no more than 90 days before the application.  The commissioner must not accept a United States home utility services hook-up work order if two unrelated people are listed on the work order;

 

(3) United States financial information with account numbers redacted that is issued no more than 90 days before the application, including a:

 

(i) bank account statement;

 

(ii) canceled check; or

 

(iii) credit card statement;

 

(4) United States high school identification card with a certified transcript from the same school if issued no more than 180 days before the application;

 

(5) United States college or university identification card with a certified transcript from the same college or university if issued no more than 180 days before the application;

 

(6) United States employment pay stub that lists the employer's name, address, and telephone number that is issued no more than 90 days before the application;

 

(7) Minnesota unemployment insurance benefit statement issued no more than 90 days before the application;

 

(8) assisted living or nursing home statement that is issued no more than 90 days before the application;

 

(9) life, health, automobile, homeowner's, or renter's insurance policy that is issued no more than 90 days before the application.  The commissioner must not accept a proof of insurance card;

 

(10) federal or state income tax return or statement for the most recent tax filing year;

 

(11) Minnesota property tax statement for the current year that reflects the applicant's principal residential address both on the mailing portion and the portion stating what property is being taxed;

 

(12) Minnesota vehicle certificate of title if issued no more than 12 months before the application;

 

(13) filed property deed or title for the applicant's current residence if issued no more than 12 months before the application;

 

(14) Supplemental Security Income award statement that is issued no more than 12 months before the application;

 

(15) mortgage documents for the applicant's principal residence;

 

(16) residential lease agreement for the applicant's principal residence that is issued no more than 12 months before the application;

 

(17) valid Minnesota driver's license, identification card, or permit;

 

(18) unexpired Minnesota professional license;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12150

(19) unexpired Selective Service card; or

 

(20) military orders that are still in effect at the time of the application with a copy of a DD Form 2058 State of Legal Residence Certificate.

 

(b) For purposes of this subdivision, Internet service and cable service are utilities.

 

(c) The commissioner must verify with the United States Postal Service the address information provided under this subdivision.

 

Subd. 7.  Verification.  The department must be able to verify with the issuing jurisdiction the issuance and authenticity of the documents submitted under this section.  Verification is required if:

 

(1) the document provided by the applicant is inconsistent with the department record;

 

(2) the document provided by the applicant appears to be altered or fraudulent; or

 

(3) there is reason to believe the applicant is not who the applicant claims to be.

 

Sec. 56.  [171.069] TRANSLATIONS.

 

For any document submitted to the commissioner under this chapter in a language other than English:

 

(1) the document must be accompanied by a translation of that document into the English language;

 

(2) the translation must be sworn to by the translator as being a true and accurate translation;

 

(3) the translator must not be related by blood or marriage to the applicant; and

 

(4) the translator must be:

 

(i) accredited by the American Translators Association;

 

(ii) certified by a court of competent jurisdiction;

 

(iii) approved by an embassy or consulate of the United States or diplomatic or consular official of a foreign country assigned or accredited to the United States;

 

(iv) affiliated with or approved by the United States Citizenship and Immigration Services or a government jurisdiction within the United States;

 

(v) an attorney licensed to practice in the United States or affiliated with that attorney;

 

(vi) a vendor listed to provide translation services for the state of Minnesota; or

 

(vii) a qualified individual who certifies the individual is competent to translate the document into English.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12151

Sec. 57.  Minnesota Statutes 2022, section 171.072, is amended to read:

 

171.072 TRIBAL IDENTIFICATION CARD.

 

(a) If a Minnesota identification card is deemed an acceptable form of identification in Minnesota Statutes or Rules, a tribal identification card is also an acceptable form of identification.  A tribal identification card is a primary document for purposes of Minnesota Rules, part 7410.0400, and successor rules, section 171.062 when an applicant applies for a noncompliant license or identification card.

 

(b) For purposes of this section, "tribal identification card" means an unexpired identification card issued by a Minnesota tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the legal name, date of birth, signature, and picture of the enrolled tribal member.

 

(c) The tribal identification card must contain security features that make it as impervious to alteration as is reasonably practicable in its design and quality of material and technology.  The security features must use materials that are not readily available to the general public.  The tribal identification card must not be susceptible to reproduction by photocopying or simulation and must be highly resistant to data or photograph substitution and other tampering.

 

(d) The requirements of this section do not apply:  (1) except as provided in paragraph (a), to an application for a driver's license or Minnesota identification card under this chapter; or (2) to tribal identification cards used to prove an individual's residence for purposes of section 201.061, subdivision 3.

 

Sec. 58.  Minnesota Statutes 2023 Supplement, section 171.12, subdivision 5c, is amended to read:

 

Subd. 5c.  Caretaker information.  (a) Upon request by an applicant for a driver's license, instruction permit, or Minnesota identification card under section 171.06, subdivision 3, the commissioner must maintain electronic records of names and contact information for up to three individuals receiving exclusive care from the applicant.  The request must be made on a form prescribed by the commissioner.  The commissioner must make the form available on the department's website.  The form must include a notice as described in section 13.04, subdivision 2.

 

(b) A person who has provided caretaker information under this subdivision may change, add, or delete the information at any time.  Notwithstanding sections 171.06, subdivision 2; and 171.061, the commissioner or a driver's license agent must not charge a fee for a transaction described in this paragraph.

 

(c) Caretaker data are classified as private data on individuals, as defined in section 13.02, subdivision 12, except that the commissioner may share caretaker information with law enforcement agencies to notify the cared-for individuals regarding an emergency.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 59.  Minnesota Statutes 2023 Supplement, section 171.12, subdivision 11, is amended to read:

 

Subd. 11.  Certain data on noncompliant license or identification card; department and agents.  (a) For purposes of this section, "immigration status data" means data on individuals who have applied for or been issued a noncompliant driver's license or identification card and that indicate or otherwise have the effect of identifying (1) whether the individual has demonstrated United States citizenship, or (2) whether the individual has demonstrated lawful presence in the United States.  Immigration status data include but are not limited to any documents specified under section 171.06, subdivision 9, 10, or 11 171.062; immigration status data contained in those documents; or the applicant's submission of the documents.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12152

(b) Immigration status data are classified as private data on individuals, as defined in section 13.02, subdivision 12.  Notwithstanding any law to the contrary, the commissioner or a driver's license agent must not share or disseminate immigration status data except to or within the division of the department that administers driver licensing and to the secretary of state for purposes of improving the accuracy of voter registration records under subdivision 7a.

 

(c) As authorized or required by state or federal law, the commissioner or a driver's license agent may share or disseminate data on individuals who have applied for or been issued a noncompliant driver's license or identification card that are not immigration status data to a government entity, as defined in section 13.02, subdivision 7a, or to a federal government entity that does not enforce immigration law, provided that the receiving entity must not use the data for civil immigration enforcement purposes or further disclose the data to a state or federal government entity that primarily enforces immigration law or to any employee or agent of any such government entity.

 

(d) Notwithstanding any law to the contrary, the commissioner or a driver's license agent must not share or disseminate any data on individuals who have applied for or been issued a noncompliant driver's license or identification card to any federal government entity that primarily enforces immigration law, except pursuant to a valid search warrant or court order issued by a state or federal judge.

 

(e) Violation of this subdivision by the commissioner, a driver's license agent, a government entity, or an employee or agent thereof constitutes a violation of the Minnesota Government Data Practices Act and may be subject to penalties and remedies applicable under that chapter.

 

Sec. 60.  Minnesota Statutes 2023 Supplement, section 171.13, subdivision 1a, is amended to read:

 

Subd. 1a.  Waiver when license issued by another jurisdiction.  (a) If the commissioner determines that an applicant for a driver's license is 21 years of age or older and possesses a valid driver's license issued by another state or jurisdiction that requires a comparable examination to obtain a driver's license, the commissioner must waive the requirements that the applicant pass a knowledge examination and demonstrate ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

 

(b) If the commissioner determines that an applicant for a two-wheeled vehicle motorcycle endorsement is 21 years of age or older and possesses a valid driver's license with a two-wheeled vehicle motorcycle endorsement issued by another state or jurisdiction that requires a comparable examination to obtain an endorsement, the commissioner must waive the requirements with respect to the endorsement that the applicant pass a knowledge examination and demonstrate the ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

 

(c) For purposes of this subdivision, "jurisdiction" includes, but is not limited to, both the active and reserve components of any branch or unit of the United States armed forces, and "valid driver's license" includes any driver's license that is recognized by that branch or unit as currently being valid, or as having been valid at the time of the applicant's separation or discharge from the military within a period of time deemed reasonable and fair by the commissioner, up to and including one year past the date of the applicant's separation or discharge.

 

Sec. 61.  Minnesota Statutes 2022, section 171.13, subdivision 6, is amended to read:

 

Subd. 6.  Two-wheeled vehicle Motorcycle endorsement examination fee.  A person applying for an initial two-wheeled vehicle motorcycle endorsement on a driver's license shall must pay at the place of examination a $2.50 examination fee, an endorsement fee as prescribed in section 171.06, subdivision 2a, and the appropriate driver's license fee as prescribed in section 171.06, subdivision 2.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12153

Sec. 62.  Minnesota Statutes 2022, section 171.30, subdivision 2a, is amended to read:

 

Subd. 2a.  Other waiting periods.  Notwithstanding subdivision 2, a limited license shall must not be issued for a period of:

 

(1) 15 days, to a person whose license or privilege has been revoked or suspended for a first violation of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a statute or ordinance from another state in conformity with either of those sections; or

 

(2) one year, to a person whose license or privilege has been revoked or suspended for:

 

(i) committing manslaughter resulting from the operation of a motor vehicle, committing criminal vehicular homicide or injury under section 609.2112, subdivision 1, clause (1), (2), item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under section 609.2112, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or violating a statute or ordinance from another state in conformity with either of those offenses.; or

 

(ii) committing criminal vehicular operation under section:

 

(A) 609.2113, subdivision 1, 2, or 3; or

 

(B) 609.2114, subdivision 2.

 

Sec. 63.  Minnesota Statutes 2022, section 171.30, subdivision 5, is amended to read:

 

Subd. 5.  Exception; criminal vehicular operation homicide.  Notwithstanding subdivision 1, the commissioner may not issue a limited license to a person whose driver's license has been suspended or revoked due to:

 

(1) a violation of under section:

 

(i) 609.2112, subdivision 1, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm paragraph (a); or

 

(ii) 609.2114, subdivision 1, paragraph (a); or

 

(2) a statute or ordinance from another state in conformity with the offenses under clause (1).

 

Sec. 64.  Minnesota Statutes 2023 Supplement, section 171.395, subdivision 1, is amended to read:

 

Subdivision 1.  Authorization.  A licensed or approved driver education program that provides both classroom and behind-the-wheel instruction may offer teleconference driver education as provided in this section.  For purposes of this section, the driver education program must offer both classroom and behind-the-wheel instruction.  If a program partners or contracts with a second program to provide any portion of classroom or behind-the-wheel instruction, the first program is not eligible to offer teleconference driver education instruction.

 

Sec. 65.  Minnesota Statutes 2023 Supplement, section 171.396, is amended to read:

 

171.396 ONLINE DRIVER EDUCATION PROGRAM.

 

(a) A licensed or approved driver education program may offer online driver education as provided in this section.  The online driver education program must satisfy the requirements for classroom driver education as provided in section 171.0701, subdivision 1, and Minnesota Rules, chapter 7411.  In addition, an online driver education program must:

 

(1) include a means for the student to measure performance outcomes;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12154

(2) use a pool of rotating quiz questions;

 

(3) incorporate accountability features to ensure the identity of the student while engaged in the course of online study;

 

(4) measure the amount of time that the student spends in the course;

 

(5) provide technical support to customers that is available 24 hours per day, seven days per week;

 

(6) require a licensed Minnesota driver education instructor to monitor each student's progress and be available to answer questions in a timely manner, provided that the instructor is not required to monitor progress or answer questions in real time;

 

(7) store course content and student data on a secure server that is protected against data breaches and is regularly backed up;

 

(8) incorporate preventive measures in place to protect against the access of private information;

 

(9) include the ability to update course content uniformly throughout the state; and

 

(10) provide online interactive supplemental parental curriculum consistent with section 171.0701, subdivision 1a.

 

(b) Except as required by this section, the commissioner is prohibited from imposing requirements on online driver education programs that are not equally applicable to classroom driver education programs.

 

Sec. 66.  Minnesota Statutes 2022, section 174.03, subdivision 12, is amended to read:

 

Subd. 12.  Trunk highway performance, resiliency, and sustainability.  (a) The commissioner must implement performance measures and annual targets for the trunk highway system in order to construct resilient infrastructure, enhance the project selection for all transportation modes, improve economic security, and achieve the state transportation goals established in section 174.01.

 

(b) At a minimum, the transportation planning process must include:

 

(1) an inventory of transportation assets, including but not limited to bridge, pavement, geotechnical, pedestrian, bicycle, and transit asset categories;

 

(2) lag (resulting), and where practicable lead (predictive), establishment of statewide performance measures and annual targets, reporting of performance measure results, and where possible, performance forecasts that are:

 

(i) statewide and, where data allow, district-specific;

 

(ii) for assets in each asset category specified in clause (1) for a period of up to 60 years; and

 

(iii) identified in collaboration with the public;

 

(3) gap identification and an explanation of the difference between performance targets and current status; and

 

(4) life cycle assessment and corridor risk assessment as part of asset management programs in each district of the department.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12155

(c) At a minimum, the ten-year capital highway investment plan in each district of the department must:

 

(1) be based on expected funding during the plan period and, to the extent feasible, maximize long-term benefits;

 

(2) estimate the funding necessary to make optimal life cycle investments;

 

(2) (3) identify investments within each of the asset categories specified in paragraph (b), clause (1), that are funded through the trunk highway capital program;

 

(3) (4) recommend identify specific trunk highway segments programmed to be removed from the trunk highway system; and

 

(4) (5) deliver annual progress toward achieving the state transportation goals established in section 174.01.

 

(d) Annually by December 15, the commissioner must report trunk highway performance measures and annual targets and identify gaps, including information detailing the department's progress on achieving the state transportation goals, to the chairs and ranking minority members of the legislative committees having jurisdiction over transportation policy and finance.  The report must be signed by the department's chief engineer commissioner.

 

Sec. 67.  Minnesota Statutes 2023 Supplement, section 174.40, subdivision 4a, is amended to read:

 

Subd. 4a.  Eligibility.  A statutory or home rule charter city, county, town, or federally recognized Indian Tribe is eligible to receive funding under this section.  A statutory or home rule charter city, county, or town is eligible to receive funding for infrastructure projects under this section only if it has adopted subdivision regulations that require safe routes to school infrastructure in developments authorized on or after June 1, 2016.

 

Sec. 68.  [174.595] TRANSPORTATION FACILITIES CAPITAL PROGRAM.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Capital building asset" includes but is not limited to district headquarters buildings, truck stations, salt storage or other unheated storage buildings, deicing and anti-icing facilities, fuel dispensing facilities, highway rest areas, and vehicle weigh and inspection stations.

 

(c) "Commissioner" means the commissioner of transportation.

 

(d) "Department" means the Department of Transportation.

 

(e) "Program" means the transportation facilities capital program established in this section.

 

Subd. 2.  Program established.  The commissioner must establish a transportation facilities capital program in conformance with this section to provide for capital building asset projects related to buildings and other capital facilities of the department.

 

Subd. 3.  Transportation facilities capital accounts.  (a) A transportation facilities capital account is established in the trunk highway fund.  The account consists of money appropriated from the trunk highway fund for the purposes of the program and any other money donated, allotted, transferred, or otherwise provided to the account by law.

 

(b) A transportation facilities capital subaccount is established in the bond proceeds account in the trunk highway fund.  The subaccount consists of trunk highway bond proceeds appropriated to the commissioner for the purposes of the program.  Money in the subaccount may only be expended on trunk highway purposes, including the purposes specified in this section.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12156

Subd. 4.  Implementation standards.  The commissioner must establish a process to implement the program that includes allocation of funding based on review of eligible projects as provided under subdivision 5 and prioritization as provided under subdivision 6.  The process must be in conformance with trunk highway fund uses for the purposes of constructing, improving, and maintaining the trunk highway system in the state pursuant to Minnesota Constitution, article XIV.

 

Subd. 5.  Eligible expenditures.  A project is eligible under this section only if the project:

 

(1) involves the construction, improvement, or maintenance of a capital building asset that is part of the trunk highway system; and

 

(2) accomplishes at least one of the following:

 

(i) supports the programmatic mission of the department;

 

(ii) extends the useful life of existing buildings; or

 

(iii) renovates or constructs facilities to meet the department's current and future operational needs.

 

Subd. 6.  Prioritization.  In prioritizing funding allocation among projects under the program, the commissioner must consider:

 

(1) whether a project ensures the effective and efficient condition and operation of the facility;

 

(2) the urgency in ensuring the safe use of existing buildings;

 

(3) the project's total life-cycle cost;

 

(4) additional criteria for priorities otherwise specified in law that apply to a category listed in the act making an appropriation for the program; and

 

(5) any other criteria the commissioner deems necessary.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 69.  Minnesota Statutes 2022, section 174.632, subdivision 2, is amended to read:

 

Subd. 2.  Responsibilities.  (a) The planning, design, development, construction, operation, and maintenance of passenger rail track, facilities, and services are governmental functions, serve a public purpose, and are a matter of public necessity.

 

(b) The commissioner is responsible for all aspects of planning, designing, developing, constructing, equipping, operating, promoting, and maintaining passenger rail, including system planning, alternatives analysis, environmental studies, preliminary engineering, final design, construction, negotiating with railroads, and developing financial and operating plans.

 

(c) The commissioner may enter into a memorandum of understanding or agreement with a public or private entity, including Amtrak, a regional railroad authority, a joint powers board, and a railroad, to carry out these activities.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12157

Sec. 70.  Minnesota Statutes 2022, section 174.636, subdivision 1, is amended to read:

 

Subdivision 1.  Powers.  The commissioner has all powers necessary to carry out the duties specified in section 174.632.  In the exercise of those powers, the commissioner may:

 

(1) acquire by purchase, gift, or by eminent domain proceedings as provided by law, all land and property necessary to preserve future passenger rail corridors or to construct, maintain, and improve passenger rail corridors;

 

(2) conduct and engage in promotional and marketing research, campaigns, outreach, and other activities to increase awareness, education, and ridership of passenger rail in Minnesota;

 

(2) (3) let all necessary contracts as provided by law; and

 

(3) (4) make agreements with and cooperate with any public or private entity, including Amtrak, to carry out statutory duties related to passenger rail.

 

Sec. 71.  Minnesota Statutes 2022, section 221.033, subdivision 1, is amended to read:

 

Subdivision 1.  Requirements.  Except as provided in subdivisions 2 to 2d this section, no person may transport or offer or accept for transportation within the state of Minnesota a hazardous material, hazardous substance, or hazardous waste except in compliance with United States Code, title 49, sections 5101 to 5126 and the provisions of Code of Federal Regulations, title 49, parts 171 to 199, which are incorporated by reference.  Those provisions apply to transportation in intrastate commerce to the same extent they apply to transportation in interstate commerce.

 

Sec. 72.  Minnesota Statutes 2022, section 221.033, is amended by adding a subdivision to read:

 

Subd. 2e.  Transportation of specific petroleum products; driver requirements.  (a) This subdivision applies to intrastate commerce.

 

(b) A driver who operates a motorized tank truck vehicle with a capacity of less than 3,500 gallons that is used to transport petroleum products must have a valid commercial driver's license with endorsements for hazardous materials and tank vehicles and be at least 18 years of age.

 

(c) A driver who operates a vehicle that is used to transport liquefied petroleum gases in nonbulk or bulk packaging as defined in Code of Federal Regulations, title 49, section 171.8, including the transportation of consumer storage tanks in compliance with Code of Federal Regulations, title 49, section 173.315(j), must have a valid commercial driver's license with a hazardous materials endorsement and be at least 18 years of age.

 

(d) A driver who operates a vehicle under paragraph (c) must also have a tank vehicle endorsement if the aggregate capacity of the bulk packaging being transported is 1,000 gallons or more.

 

(e) Nonbulk or bulk packaging transported under paragraph (c) must have an aggregate capacity of less than 3,500 gallons.

 

Sec. 73.  Minnesota Statutes 2022, section 360.013, is amended by adding a subdivision to read:

 

Subd. 57c.  Roadable aircraft.  "Roadable aircraft" has the meaning given in section 169.011, subdivision 67a.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12158

Sec. 74.  Minnesota Statutes 2022, section 360.075, subdivision 1, is amended to read:

 

Subdivision 1.  Misdemeanor.  Every person who:

 

(1) operates an aircraft either on or over land or water in this state without the consent of the owner of such aircraft;

 

(2) operates aircraft while in the possession of any federal license, certificate, or permit or any certificate of registration issued by the Transportation Department of this state, or displays, or causes or permits to be displayed, such federal license, certificate, or permit or such state certificate of registration, knowing either to have been canceled, revoked, suspended, or altered;

 

(3) lends to, or knowingly permits the use of by, one not entitled thereto of any federal airman's or aircraft license, certificate, or permit, or any state airman's or aircraft certificate of registration issued to that person;

 

(4) displays or represents as the person's own any federal airman's or aircraft license, certificate, or permit or any state airman's or aircraft certificate of registration not issued to that person;

 

(5) tampers with, climbs upon or into, makes use of, or navigates any aircraft without the knowledge or consent of the owner or person having control thereof, whether while the same is in motion or at rest, or hurls stones or any other missiles at aircraft, or the occupants thereof, or otherwise damages or interferes with the same, or places upon any portion of any airport any object, obstruction, or other device tending to injure aircraft or parts thereof;

 

(6) uses a false or fictitious name, gives a false or fictitious address, knowingly makes any false statement or report, or knowingly conceals a material fact, or otherwise commits a fraud in any application or form required under the provisions of sections 360.011 to 360.076, or by any rules or orders of the commissioner;

 

(7) operates any aircraft in such a manner as to indicate either a willful or a wanton disregard for the safety of persons or property;

 

(8) carries on or over land or water in this state in an aircraft other than a public aircraft any explosive substance except as permitted by the Federal Explosives Act, as amended by Public Law 77-775;

 

(9) discharges a gun, pistol, or other weapon in or from any aircraft in this state except as the hunting of certain wild animals from aircraft may be permitted by other laws of this state, or unless the person is the pilot or officer in command of the aircraft or a peace officer or a member of the military or naval forces of the United States, engaged in the performance of duty;

 

(10) carries in any aircraft, other than a public aircraft, any shotgun, rifle, pistol, or small arms ammunition except in the manner in which such articles may be lawfully carried in motor vehicles in this state, or is a person excepted from the provisions of clause (9);

 

(11) engages in acrobatic or stunt flying without being equipped with a parachute and without providing any other occupants of the aircraft with parachutes and requiring that they be worn;

 

(12) while in flying over a thickly inhabited area or over a public gathering in this state, engages in trick or acrobatic flying or in any acrobatic feat;

 

(13) except while in landing or taking off, flies at such low levels as to endanger persons on the surface beneath, or engages in advertising through the playing of music or transcribed or oral announcements, or makes any noise with any siren, horn, whistle, or other audible device which is not necessary for the normal operation of the aircraft, except that sound amplifying devices may be used in aircraft when operated by or under the authority of any agency of the state or federal government for the purpose of giving warning or instructions to persons on the ground;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12159

(14) drops any object, except loose water, loose fuel, or loose sand ballast, without the prior written consent of the commissioner of transportation and the prior written consent of the municipality or property owner where objects may land; drops objects from an aircraft that endanger person or property on the ground, or drops leaflets for any purpose whatsoever; or

 

(15) while in flight in an aircraft, whether as a pilot, passenger, or otherwise, endangers, kills, or attempts to kill any birds or animals or uses any aircraft for the purpose of concentrating, driving, rallying, or stirring up migratory waterfowl; or

 

(16) while operating an aircraft, takes off or lands the aircraft on a public road without consent of the landowner unless under conditions of an emergency;

 

except as may be permitted by other laws of this state, shall be guilty of a misdemeanor.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to crimes committed on or after that date.

 

Sec. 75.  Laws 2021, First Special Session chapter 5, article 2, section 3, is amended to read:

 

      Sec. 3.  BOND SALE EXPENSES

 

 

 

$413,000

 

(a) This appropriation is to the commissioner of management and budget for bond sale expenses under Minnesota Statutes, sections 16A.641, subdivision 8, and 167.50, subdivision 4.

 

(b) This appropriation is available in the amounts of:

 

(1) $213,000 in fiscal year 2022;

 

(2) $100,000 in fiscal year 2024; and

 

(3) $100,000 in fiscal year 2025.

 

(c) The appropriation in this section cancels as specified under Minnesota Statutes, section 16A.642, except that the commissioner of management and budget must count the start of authorization for issuance of state bonds as the first day of the fiscal year during which the bonds are available to be issued as specified under paragraph (b), and not as the date of enactment of this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 76.  Laws 2023, chapter 68, article 1, section 2, subdivision 4, is amended to read:

 

Subd. 4.  Local Roads

 

(a) County State-Aid Highways

 

917,782,000

 

991,615,000

 

This appropriation is from the county state-aid highway fund under Minnesota Statutes, sections 161.081, 174.49, and 297A.815, subdivision 3, and chapter 162, and is available until June 30, 2033.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12160

If the commissioner of transportation determines that a balance remains in the county state-aid highway fund following the appropriations and transfers made in this paragraph and that the appropriations made are insufficient for advancing county state-aid highway projects, an amount necessary to advance the projects, not to exceed the balance in the county state-aid highway fund, is appropriated in each year to the commissioner.  Within two weeks of a determination under this contingent appropriation, the commissioner of transportation must notify the commissioner of management and budget and the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance concerning funds appropriated.  The governor must identify in the next budget submission to the legislature under Minnesota Statutes, section 16A.11, any amount that is appropriated under this paragraph.

 

(b) Municipal State-Aid Streets

 

236,360,000

 

251,748,000

 

This appropriation is from the municipal state-aid street fund under Minnesota Statutes, chapter 162, and is available until June 30, 2033.

 

If the commissioner of transportation determines that a balance remains in the municipal state-aid street fund following the appropriations and transfers made in this paragraph and that the appropriations made are insufficient for advancing municipal state‑aid street projects, an amount necessary to advance the projects, not to exceed the balance in the municipal state-aid street fund, is appropriated in each year to the commissioner.  Within two weeks of a determination under this contingent appropriation, the commissioner of transportation must notify the commissioner of management and budget and the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance concerning funds appropriated.  The governor must identify in the next budget submission to the legislature under Minnesota Statutes, section 16A.11, any amount that is appropriated under this paragraph.

 

(c) Other Local Roads

 

 

 

 

 

(1) Local Bridges

 

18,013,000

 

-0-

 

This appropriation is from the general fund to replace or rehabilitate local deficient bridges under Minnesota Statutes, section 174.50.  This is a onetime appropriation and is available until June 30, 2027.

 

(2) Local Road Improvement

 

18,013,000

 

-0-

 

This appropriation is from the general fund for construction and reconstruction of local roads under Minnesota Statutes, section 174.52.  This is a onetime appropriation and is available until June 30, 2027.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12161

(3) Local Transportation Disaster Support

 

4,300,000

 

1,000,000

 

This appropriation is from the general fund to provide:

 

(i) a cost-share for federal assistance from the Federal Highway Administration for the emergency relief program under United States Code, title 23, section 125.; and

 

(ii) assistance for roadway damage on the state-aid or federal-aid system associated with state or federally declared disasters ineligible for assistance from existing state and federal disaster programs.

 

Of the appropriation in fiscal year 2024, $3,300,000 is onetime and is available until June 30, 2027.

 

(4) Metropolitan Counties

 

20,000,000

 

-0-

 

This appropriation is from the general fund for distribution to metropolitan counties as provided under Minnesota Statutes, section 174.49, subdivision 5, for use in conformance with the requirements under Minnesota Statutes, section 174.49, subdivision 6.

 

Sec. 77.  Laws 2023, chapter 68, article 2, section 2, subdivision 3, is amended to read:

 

      Subd. 3.  Transportation Facilities Capital Improvements

 

 

 

87,440,000

 

This appropriation is for capital improvements to Department of Transportation facilities.  The improvements must:  (1) support the programmatic mission of the department; (2) extend the useful life of existing buildings; or (3) renovate or construct facilities to meet the department's current and future operational needs the transportation facilities capital program under Minnesota Statutes, section 174.595.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 78.  Laws 2023, chapter 68, article 2, section 2, subdivision 4, is amended to read:

 

      Subd. 4.  Trunk Highway 65; Anoka County

 

 

 

68,750,000

 

This appropriation is for one or more grants to the city of Blaine, Anoka County, or both for the predesign, right-of-way acquisition, design, engineering, and construction of intersection improvements along Trunk Highway 65 at 99th Avenue Northeast; 105th Avenue Northeast; Anoka County State-Aid Highway 12; 109th Avenue Northeast; 117th Avenue Northeast; and the associated frontage roads and backage roads within the trunk highway system.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12162

Sec. 79.  Laws 2023, chapter 68, article 2, section 2, subdivision 5, is amended to read:

 

      Subd. 5.  U.S. Highway 10; Coon Rapids

 

 

 

30,000,000

 

This appropriation is for a grant to Anoka County for preliminary engineering, environmental analysis, final design, right-of-way acquisition, construction, and construction administration of a third travel lane in each direction of marked U.S. Highway 10 from east of the interchange with Hanson Boulevard to Round Lake Boulevard in the city of Coon Rapids.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 80.  Laws 2023, chapter 68, article 2, section 2, subdivision 7, is amended to read:

 

      Subd. 7.  U.S. Highway 169 Interchange; Scott County

 

 

 

4,200,000

 

This appropriation is for a grant to Scott County to design and construct trunk highway improvements associated with an interchange at U.S. Highway 169, marked Trunk Highway 282, and Scott County State-Aid Highway 9 in the city of Jordan, including accommodations for bicycles and pedestrians and for bridge and road construction.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 81.  Laws 2023, chapter 68, article 2, section 2, subdivision 9, is amended to read:

 

      Subd. 9.  U.S. Highway 8; Chisago County

 

 

 

42,000,000

 

This appropriation is for a grant to Chisago County for predesign, design, engineering, and reconstruction of marked U.S. Highway 8 from Karmel Avenue in Chisago City to marked Interstate Highway 35, including pedestrian and bike trails along and crossings of this segment of marked U.S. Highway 8.  The reconstruction project may include expanding segments of marked U.S. Highway 8 to four lanes, constructing or reconstructing frontage roads and backage roads, and realigning local roads to consolidate, remove, and relocate access onto and off of U.S. Highway 8.  This appropriation is for the portion of the project that is eligible for use of proceeds of trunk highway bonds.  This appropriation is not available until the commissioner of management and budget determines that sufficient resources have been committed from nonstate sources to complete the project.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12163

Sec. 82.  Laws 2023, chapter 68, article 2, section 3, is amended to read:

 

      Sec. 3.  BOND SALE EXPENSES

 

 

 

$610,000

 

(a) This appropriation is to the commissioner of management and budget for bond sale expenses under Minnesota Statutes, sections 16A.641, subdivision 8, and 167.50, subdivision 4.

 

(b) This appropriation is available in the amounts of:

 

(1) $330,000 in fiscal year 2024;

 

(2) $140,000 in fiscal year 2025; and

 

(3) $140,000 in fiscal year 2026.

 

(c) The appropriation in this section cancels as specified under Minnesota Statutes, section 16A.642, except that the commissioner of management and budget must count the start of authorization for issuance of state bonds as the first day of the fiscal year during which the bonds are available to be issued as specified under paragraph (b), and not as the date of enactment of this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 83.  TRAFFIC ENGINEERING STUDIES AND INVESTIGATIONS.

 

(a) Notwithstanding the requirements of the Minnesota Manual on Uniform Traffic Control Devices established by the commissioner of transportation under Minnesota Statutes, section 169.06, subdivision 2, by July 1, 2024, the commissioner must implement section 2B.21 of the Manual on Uniform Traffic Control Devices for Streets and Highways, 11th Edition, as incorporated by the United States Department of Transportation, pertaining to traffic engineering studies and investigations for establishing or reevaluating speed limits within speed zones.

 

(b) This section expires upon adoption of relevant revisions to the Minnesota Manual on Uniform Traffic Control Devices that pertain to traffic engineering studies and investigations for speed zones.  The commissioner must notify the revisor of statutes, whether electronically or in writing, of the expiration.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 84.  FULL-SERVICE PROVIDER.

 

(a) For purposes of this section, the following terms have the meanings given:

 

(1) "commissioner" means the commissioner of public safety; and

 

(2) "full-service provider" has the meaning given in Minnesota Statutes, section 168.002, subdivision 12a.

 

(b) A driver's license agent under Minnesota Statutes, section 171.061, who was appointed before January 1, 2024, and is recognized by the commissioner as a limited licensing agent under Minnesota Rules, part 7404.0340, may apply to the commissioner to become a full-service provider at the agent's current office location.  A driver's license agent must submit an application on or before June 1, 2025.  By June 30, 2025, an applicant under this section must satisfactorily complete any additional staff training required by the commissioner to offer expanded services as a full-service provider.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12164

(c) The commissioner may appoint an applicant who meets the requirements under this section as a full-service provider.

 

(d) Minnesota Rules, chapter 7404, applies to an appointment under this section, except that this section applies notwithstanding Minnesota Rules, parts 7404.0300, subparts 4, 5, and 6; 7404.0305, subpart 1, item B; 7404.0345, item D; 7404.0350; 7404.0360, subpart 2; and 7404.0400, subpart 4, item B.

 

Sec. 85.  MINNESOTA STATE FAIR TRANSPORTATION PLANNING.

 

(a) By August 1, 2024, the board of managers of the State Agricultural Society, in consultation with the Metropolitan Council, must develop a multimodal Minnesota State Fair transportation plan for implementation at the 2024 Minnesota State Fair and must submit a copy of the plan to the chairs and ranking minority members of the legislative committees with jurisdiction over agriculture and transportation policy and finance.

 

(b) At a minimum, the plan must:

 

(1) determine methods to reduce motor vehicle traffic, congestion, and parking in the area of the Minnesota State Fairgrounds;

 

(2) identify improvements to the transportation experience for attendees at the Minnesota State Fair;

 

(3) expand bicycle access and secure storage, including at park-and-ride locations;

 

(4) improve support for ride hailing and transportation network companies; and

 

(5) specify public distribution of information on transportation options and services.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 86.  REPEALER.

 

(a) Minnesota Statutes 2022, sections 169.011, subdivision 70; 169.25; 171.0605, subdivision 4; and 221.033, subdivision 2c, are repealed.

 

(b) Minnesota Statutes 2023 Supplement, section 171.06, subdivisions 9, 10, and 11, are repealed.

 

(c) Minnesota Rules, part 7411.7600, subpart 3, is repealed.

 

EFFECTIVE DATE.  Paragraph (c) is effective July 1, 2024.

 

ARTICLE 2

GREATER MINNESOTA TRANSIT PROGRAM

 

Section 1.  Minnesota Statutes 2022, section 174.22, is amended by adding a subdivision to read:

 

Subd. 1a.  Complementary paratransit service (ADA).  "Complementary paratransit service (ADA)" means public transportation service provided on a regular basis where fixed route public transit service exists and is designed exclusively or primarily to serve individuals who are elderly or disabled and unable to use regular means of public transportation.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12165

Sec. 2.  Minnesota Statutes 2022, section 174.22, subdivision 2b, is amended to read:

 

Subd. 2b.  Elderly and disabled service.  "Elderly and disabled service" means transportation service provided on a regular basis in small urbanized or large urbanized areas and designed exclusively or primarily to serve individuals who are elderly or disabled and unable to use regular means of public transportation.

 

Sec. 3.  Minnesota Statutes 2022, section 174.22, is amended by adding a subdivision to read:

 

Subd. 3a.  Large urbanized area service.  "Large urbanized area service" means a public transportation service operated in areas located outside the metropolitan area with a population greater than 200,000 that is designated by the United States Census Bureau.  Large urbanized area service does not include complementary paratransit service (ADA), as defined in subdivision 1a.

 

Sec. 4.  Minnesota Statutes 2022, section 174.22, subdivision 7, is amended to read:

 

Subd. 7.  Public transit or transit transportation.  "Public transit" or "transit" means general or specific transportation service provided to the public on a regular and continuing basis.  "Public transit" or "transit" includes paratransit and regular route transit. "Public transportation" means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income.  Public transportation does not include:

 

(1) intercity passenger rail transportation provided by the entity described in United States Code, title 49, section 243, or a successor entity;

 

(2) intercity bus service;

 

(3) charter bus service;

 

(4) school bus service;

 

(5) sightseeing service;

 

(6) courtesy shuttle service for patrons of one or more specific establishments; or

 

(7) intraterminal or intrafacility shuttle services.

 

Sec. 5.  Minnesota Statutes 2022, section 174.22, subdivision 12, is amended to read:

 

Subd. 12.  Rural area service.  "Rural area service" means a public transportation service primarily operated in an area having population centers of less than 2,500 persons rural areas that have not been designated in the most recent decennial census as an urbanized area by the United States Census Bureau.

 

Sec. 6.  Minnesota Statutes 2022, section 174.22, subdivision 14, is amended to read:

 

Subd. 14.  Small urban urbanized area service.  "Small urban urbanized area service" means a public transportation service operating in an area with a population between 2,500 and 50,000 operated in areas located outside the metropolitan area with a population of at least 50,000 but less than 200,000 that is designated by the United States Census Bureau.  Small urbanized area service does not include complementary paratransit service (ADA), as defined in subdivision 1a.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12166

Sec. 7.  Minnesota Statutes 2022, section 174.23, subdivision 2, is amended to read:

 

Subd. 2.  Financial assistance; application, approval.  (a) The commissioner shall must seek out and select eligible recipients of financial assistance under sections 174.21 to 174.27.

 

(b) The commissioner shall must 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 must 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 may be reviewed 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.

 

Sec. 8.  Minnesota Statutes 2022, section 174.24, subdivision 1a, is amended to read:

 

Subd. 1a.  Greater Minnesota transit investment plan.  (a) The commissioner shall must develop a greater Minnesota transit investment plan that contains a goal of meeting at least 80 percent of total transit service needs in greater Minnesota by July 1, 2015, and meeting at least 90 percent of total transit service needs in greater Minnesota by July 1, 2025.

 

(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 the level and type of service required to meet total transit service needs, for the transit system classifications as provided under subdivision 3b, paragraph (c), of large urbanized area, small urban urbanized area, rural area, and elderly and disabled service, and complementary paratransit service (ADA);

 

(3) an analysis of costs and revenue options;

 

(4) a plan to reduce 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.

 

Sec. 9.  Minnesota Statutes 2022, 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


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12167

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) (a) Prior to distributing operating assistance to eligible recipients for any contract period, the commissioner shall must place all recipients into one of the following classifications:  large urbanized area service, small urban urbanized area service, rural area service, and elderly and disabled service, and complementary paratransit service (ADA).

 

(c) (b) The commissioner shall must distribute funds the operating assistance amount under this section so that the percentage of total contracted operating cost from local sources paid by any recipient from local sources will not exceed the following percentage for that recipient's classification, except as provided in 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 and complementary paratransit service (ADA), 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 the United States Department of Transportation.

 

(d) (c) 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.

 

(e) (d) 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 the operating assistance amount 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 the operating assistance amount as provided in this paragraph, the commissioner shall must reduce the state share in each classification to the extent necessary.

 

Sec. 10.  Minnesota Statutes 2022, section 174.24, subdivision 3c, is amended to read:

 

Subd. 3c.  Nonoperating assistance.  The commissioner shall must determine the total cost of any planning and engineering design, capital assistance, other capital expenditures, and other assistance for public transit services that furthers the purposes of section 174.21 for any public transit system receiving or applying for the assistance in accordance with generally accepted accounting principles.  The percentage of local sources paid by any recipient must not exceed 20 percent of the awarded amount.  To be eligible for non-operating-cost financial assistance, an applicant or recipient shall must provide to the commissioner all financial records and other information and shall must permit any inspection reasonably necessary to determine total cost and the amount of assistance that may be paid to the applicant or recipient.  When more than one county or municipality contributes assistance to the operation of a public transit system, the commissioner shall must identify one as a lead agency for the purpose of receiving money under this section.  The commissioner has the sole discretion to determine the amount of state funds distributed to any recipient for non-operating-cost assistance.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12168

Sec. 11.  Minnesota Statutes 2022, section 174.247, is amended to read:

 

174.247 ANNUAL TRANSIT REPORT.

 

(a) By February 15 annually, the commissioner shall must 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 must 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 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; and

 

(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 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

 

(iv) the amount of surplus or insufficient funds available for paying capital and operating costs to fully implement the greater Minnesota transit investment plan under section 174.24, subdivision 1a.

 

Sec. 12.  REPEALER.

 

(a) Minnesota Statutes 2022, sections 174.22, subdivisions 5 and 15; and 174.23, subdivision 7, are repealed.

 

(b) Minnesota Rules, parts 8835.0110, subparts 1, 1a, 6, 7, 10, 11a, 12a, 12b, 13a, 14a, 15, 15a, 16, 17, 18, and 19; 8835.0210; 8835.0220; 8835.0230; 8835.0240; 8835.0250; 8835.0260; 8835.0265; 8835.0270; 8835.0275; 8835.0280; 8835.0290; 8835.0310; 8835.0320; 8835.0330, subparts 1, 3, and 4; and 8835.0350, subparts 1, 3, 4, and 5, are repealed.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12169

ARTICLE 3

CONFORMING CHANGES

 

Section 1.  Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 17, is amended to read:

 

Subd. 17.  Transportation costs.  (a) "Nonemergency medical transportation service" means motor vehicle transportation provided by a public or private person that serves Minnesota health care program beneficiaries who do not require emergency ambulance service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.

 

(b) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means a census-tract based classification system under which a geographical area is determined to be urban, rural, or super rural.

 

(c) Medical assistance covers medical transportation costs incurred solely for obtaining emergency medical care or transportation costs incurred by eligible persons in obtaining emergency or nonemergency medical care when paid directly to an ambulance company, nonemergency medical transportation company, or other recognized providers of transportation services.  Medical transportation must be provided by:

 

(1) nonemergency medical transportation providers who meet the requirements of this subdivision;

 

(2) ambulances, as defined in section 144E.001, subdivision 2;

 

(3) taxicabs that meet the requirements of this subdivision;

 

(4) public transit, within the meaning of "public transportation" as defined in section 174.22, subdivision 7; or

 

(5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472, subdivision 1, paragraph (h).

 

(d) Medical assistance covers nonemergency medical transportation provided by nonemergency medical transportation providers enrolled in the Minnesota health care programs.  All nonemergency medical transportation providers must comply with the operating standards for special transportation service as defined in sections 174.29 to 174.30 and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the commissioner and reported on the claim as the individual who provided the service.  All nonemergency medical transportation providers shall bill for nonemergency medical transportation services in accordance with Minnesota health care programs criteria.  Publicly operated transit systems, volunteers, and not-for-hire vehicles are exempt from the requirements outlined in this paragraph.

 

(e) An organization may be terminated, denied, or suspended from enrollment if:

 

(1) the provider has not initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or

 

(2) the provider has initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:

 

(i) the commissioner has sent the provider a notice that the individual has been disqualified under section 245C.14; and

 

(ii) the individual has not received a disqualification set-aside specific to the special transportation services provider under sections 245C.22 and 245C.23.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12170

(f) The administrative agency of nonemergency medical transportation must:

 

(1) adhere to the policies defined by the commissioner;

 

(2) pay nonemergency medical transportation providers for services provided to Minnesota health care programs beneficiaries to obtain covered medical services;

 

(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled trips, and number of trips by mode; and

 

(4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single administrative structure assessment tool that meets the technical requirements established by the commissioner, reconciles trip information with claims being submitted by providers, and ensures prompt payment for nonemergency medical transportation services.

 

(g) Until the commissioner implements the single administrative structure and delivery system under subdivision 18e, clients shall obtain their level-of-service certificate from the commissioner or an entity approved by the commissioner that does not dispatch rides for clients using modes of transportation under paragraph (l), clauses (4), (5), (6), and (7).

 

(h) The commissioner may use an order by the recipient's attending physician, advanced practice registered nurse, physician assistant, or a medical or mental health professional to certify that the recipient requires nonemergency medical transportation services.  Nonemergency medical transportation providers shall perform driver-assisted services for eligible individuals, when appropriate.  Driver-assisted service includes passenger pickup at and return to the individual's residence or place of business, assistance with admittance of the individual to the medical facility, and assistance in passenger securement or in securing of wheelchairs, child seats, or stretchers in the vehicle.

 

(i) Nonemergency medical transportation providers must take clients to the health care provider using the most direct route, and must not exceed 30 miles for a trip to a primary care provider or 60 miles for a trip to a specialty care provider, unless the client receives authorization from the local agency.

 

(j) Nonemergency medical transportation providers may not bill for separate base rates for the continuation of a trip beyond the original destination.  Nonemergency medical transportation providers must maintain trip logs, which include pickup and drop-off times, signed by the medical provider or client, whichever is deemed most appropriate, attesting to mileage traveled to obtain covered medical services.  Clients requesting client mileage reimbursement must sign the trip log attesting mileage traveled to obtain covered medical services.

 

(k) The administrative agency shall use the level of service process established by the commissioner to determine the client's most appropriate mode of transportation.  If public transit or a certified transportation provider is not available to provide the appropriate service mode for the client, the client may receive a onetime service upgrade.

 

(l) The covered modes of transportation are:

 

(1) client reimbursement, which includes client mileage reimbursement provided to clients who have their own transportation, or to family or an acquaintance who provides transportation to the client;

 

(2) volunteer transport, which includes transportation by volunteers using their own vehicle;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12171

(3) unassisted transport, which includes transportation provided to a client by a taxicab or public transit.  If a taxicab or public transit is not available, the client can receive transportation from another nonemergency medical transportation provider;

 

(4) assisted transport, which includes transport provided to clients who require assistance by a nonemergency medical transportation provider;

 

(5) lift-equipped/ramp transport, which includes transport provided to a client who is dependent on a device and requires a nonemergency medical transportation provider with a vehicle containing a lift or ramp;

 

(6) protected transport, which includes transport provided to a client who has received a prescreening that has deemed other forms of transportation inappropriate and who requires a provider:  (i) with a protected vehicle that is not an ambulance or police car and has safety locks, a video recorder, and a transparent thermoplastic partition between the passenger and the vehicle driver; and (ii) who is certified as a protected transport provider; and

 

(7) stretcher transport, which includes transport for a client in a prone or supine position and requires a nonemergency medical transportation provider with a vehicle that can transport a client in a prone or supine position.

 

(m) The local agency shall be the single administrative agency and shall administer and reimburse for modes defined in paragraph (l) according to paragraphs (p) and (q) when the commissioner has developed, made available, and funded the web-based single administrative structure, assessment tool, and level of need assessment under subdivision 18e.  The local agency's financial obligation is limited to funds provided by the state or federal government.

 

(n) The commissioner shall:

 

(1) verify that the mode and use of nonemergency medical transportation is appropriate;

 

(2) verify that the client is going to an approved medical appointment; and

 

(3) investigate all complaints and appeals.

 

(o) The administrative agency shall pay for the services provided in this subdivision and seek reimbursement from the commissioner, if appropriate.  As vendors of medical care, local agencies are subject to the provisions in section 256B.041, the sanctions and monetary recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.

 

(p) Payments for nonemergency medical transportation must be paid based on the client's assessed mode under paragraph (k), not the type of vehicle used to provide the service.  The medical assistance reimbursement rates for nonemergency medical transportation services that are payable by or on behalf of the commissioner for nonemergency medical transportation services are:

 

(1) $0.22 per mile for client reimbursement;

 

(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer transport;

 

(3) equivalent to the standard fare for unassisted transport when provided by public transit, and $12.10 for the base rate and $1.43 per mile when provided by a nonemergency medical transportation provider;

 

(4) $14.30 for the base rate and $1.43 per mile for assisted transport;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12172

(5) $19.80 for the base rate and $1.70 per mile for lift-equipped/ramp transport;

 

(6) $75 for the base rate and $2.40 per mile for protected transport; and

 

(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for an additional attendant if deemed medically necessary.

 

(q) The base rate for nonemergency medical transportation services in areas defined under RUCA to be super rural is equal to 111.3 percent of the respective base rate in paragraph (p), clauses (1) to (7).  The mileage rate for nonemergency medical transportation services in areas defined under RUCA to be rural or super rural areas is:

 

(1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage rate in paragraph (p), clauses (1) to (7); and

 

(2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage rate in paragraph (p), clauses (1) to (7).

 

(r) For purposes of reimbursement rates for nonemergency medical transportation services under paragraphs (p) and (q), the zip code of the recipient's place of residence shall determine whether the urban, rural, or super rural reimbursement rate applies.

 

(s) The commissioner, when determining reimbursement rates for nonemergency medical transportation under paragraphs (p) and (q), shall exempt all modes of transportation listed under paragraph (l) from Minnesota Rules, part 9505.0445, item R, subitem (2).

 

(t) Effective for the first day of each calendar quarter in which the price of gasoline as posted publicly by the United States Energy Information Administration exceeds $3.00 per gallon, the commissioner shall adjust the rate paid per mile in paragraph (p) by one percent up or down for every increase or decrease of ten cents for the price of gasoline.  The increase or decrease must be calculated using a base gasoline price of $3.00.  The percentage increase or decrease must be calculated using the average of the most recently available price of all grades of gasoline for Minnesota as posted publicly by the United States Energy Information Administration.

 

Sec. 2.  Minnesota Statutes 2022, section 473.121, subdivision 19, is amended to read:

 

Subd. 19.  Public transit or transit.  "Public transit" or "transit" has the meaning given to "public transportation" in section 174.22, subdivision 7.

 

Sec. 3.  Minnesota Statutes 2023 Supplement, section 609.855, subdivision 7, is amended to read:

 

Subd. 7.  Definitions.  (a) The definitions in this subdivision apply in this section.

 

(b) "Public transit" or "transit" has the meaning given to "public transportation" in section 174.22, subdivision 7.

 

(c) "Public transit vehicle" or "transit vehicle" means any vehicle used for the purpose of providing public transit, whether or not the vehicle is owned or operated by a public entity.

 

(d) "Public transit facilities" or "transit facilities" means any vehicles, equipment, property, structures, stations, improvements, plants, parking or other facilities, or rights that are owned, leased, held, or used for the purpose of providing public transit, whether or not the facility is owned or operated by a public entity.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12173

(e) "Fare medium" means a ticket, smart card, pass, coupon, token, transfer, or other medium sold or distributed by a public transit provider, or its authorized agents, for use in gaining entry to or use of the public transit facilities or vehicles of the provider.

 

(f) "Proof of fare payment" means a fare medium valid for the place or time at, or the manner in, which it is used.  If using a reduced-fare medium, proof of fare payment also includes proper identification demonstrating a person's eligibility for the reduced fare.  If using a fare medium issued solely for the use of a particular individual, proof of fare payment also includes an identification document bearing a photographic likeness of the individual and demonstrating that the individual is the person to whom the fare medium is issued.

 

(g) "Authorized transit representative" means the person authorized by the transit provider to operate the transit vehicle, a peace officer, a transit official under section 473.4075, subdivision 1, or any other person designated by the transit provider as an authorized transit representative under this section.

 

Sec. 4.  REVISOR INSTRUCTION.

 

(a) The revisor of statutes must renumber the subdivisions in Minnesota Statutes, section 174.22, in alphabetical order and correct any cross-reference changes that result.

 

(b) The revisor of statutes must change the term "public transit" to "public transportation" wherever the term appears in Minnesota Statutes, sections 174.21 to 174.27.

 

(c) Except as otherwise provided in this article, the revisor of statutes must change the term "public transit" to "public transportation" wherever the term appears in Minnesota Statutes in conjunction with a specific reference to Minnesota Statutes, section 174.22, subdivision 7."

 

Delete the title and insert:

 

"A bill for an act relating to transportation; modifying various transportation-related provisions, including but not limited to motor vehicles, driving rules, accident reporting requirements, child passenger restraint requirements, roadable aircraft, legislative routes, drivers' licenses, and greater Minnesota transit; establishing criminal penalties; modifying prior appropriations; making technical changes; appropriating money; amending Minnesota Statutes 2022, sections 43A.17, by adding a subdivision; 65B.28, subdivision 2; 161.115, subdivisions 116, 117, by adding a subdivision; 161.321, subdivisions 2, 2b; 168.002, subdivisions 18, 24, 26, 27; 168.013, subdivision 1d; 168.0135, by adding a subdivision; 168.12, subdivision 1; 168.33, subdivision 8a; 168A.085, by adding a subdivision; 168B.035, subdivision 3; 169.011, subdivisions 3a, 44, by adding subdivisions; 169.09, subdivisions 5, 14a, 19; 169.19, subdivision 2; 169.224, subdivision 3; 169.34, subdivision 1; 169.444, subdivision 4; 169.685, subdivisions 4, 5, by adding subdivisions; 169.79, by adding a subdivision; 169.80, by adding a subdivision; 169.974, subdivision 2; 169A.52, subdivision 7; 171.01, subdivisions 40, 41a, 47, by adding a subdivision; 171.06, subdivision 2a; 171.0605, subdivision 2; 171.072; 171.13, subdivision 6; 171.30, subdivisions 2a, 5; 174.03, subdivision 12; 174.22, subdivisions 2b, 7, 12, 14, by adding subdivisions; 174.23, subdivision 2; 174.24, subdivisions 1a, 3b, 3c; 174.247; 174.632, subdivision 2; 174.636, subdivision 1; 221.033, subdivision 1, by adding a subdivision; 360.013, by adding a subdivision; 360.075, subdivision 1; 473.121, subdivision 19; Minnesota Statutes 2023 Supplement, sections 4.076, subdivision 3; 115E.042, subdivision 4; 161.045, subdivision 3; 168.1235, subdivision 1; 168.1259, subdivision 5; 168.345, subdivision 2; 169.09, subdivision 8; 171.06, subdivision 3; 171.0605, subdivision 5; 171.12, subdivisions 5c, 11; 171.13, subdivision 1a; 171.395, subdivision 1; 171.396; 174.40, subdivision 4a; 256B.0625, subdivision 17; 609.855, subdivision 7; Laws 2021, First Special Session chapter 5, article 2, section 3; Laws 2023, chapter 68, article 1, section 2, subdivision 4; article 2, sections 2, subdivisions 3, 4, 5, 7, 9; 3; proposing coding for new law in Minnesota Statutes, chapters 168; 169; 171; 174; repealing Minnesota Statutes 2022, sections 169.011, subdivision 70; 169.25; 171.0605, subdivision 4; 174.22, subdivisions 5, 15; 174.23,


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12174

subdivision 7; 221.033, subdivision 2c; Minnesota Statutes 2023 Supplement, section 171.06, subdivisions 9, 10, 11; Minnesota Rules, parts 7411.7600, subpart 3; 8835.0110, subparts 1, 1a, 6, 7, 10, 11a, 12a, 12b, 13a, 14a, 15, 15a, 16, 17, 18, 19; 8835.0210; 8835.0220; 8835.0230; 8835.0240; 8835.0250; 8835.0260; 8835.0265; 8835.0270; 8835.0275; 8835.0280; 8835.0290; 8835.0310; 8835.0320; 8835.0330, subparts 1, 3, 4; 8835.0350, subparts 1, 3, 4, 5."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 3443, A bill for an act relating to health; modifying requirements for the release of patient health records; amending Minnesota Statutes 2022, section 144.293, subdivisions 2, 4, 9, 10; proposing coding for new law in Minnesota Statutes, chapter 144.

 

Reported the same back with the following amendments:

 

Page 1, line 7, delete "144.293 to 144.297" and insert "144.291 to 144.298"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Hassan from the Committee on Economic Development Finance and Policy to which was referred:

 

H. F. No. 3448, A bill for an act relating to economic development; modifying the membership of the energy transition advisory committee; amending Minnesota Statutes 2022, section 116J.5492, subdivision 2.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 3529, A bill for an act relating to health care; requiring health maintenance organizations to be nonprofit corporations organized under chapter 317A; amending Minnesota Statutes 2022, sections 62D.02, subdivision 4; 62D.03, subdivision 1; 62D.05, subdivision 1; 62D.06, subdivision 1; 62D.19; 62E.02, subdivision 3.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12175

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 3577, A bill for an act relating to solid waste; establishing Packaging Waste and Cost Reduction Act; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 115A.

 

Reported the same back with the following amendments:

 

Page 1, line 20, delete "reuse, recycling," and insert "recycling"

 

Page 2, line 29, delete "and" and insert "or"

 

Page 2, after line 30, insert:

 

"Subd. 12.  Drop-off collection site.  "Drop-off collection site" means a physical location where covered materials are accepted from the public and that is open a minimum of 12 hours weekly throughout the year."

 

Page 3, line 13, delete "or"

 

Page 3, after line 13, insert:

 

"(4) are packaging for medical devices or drugs, as defined in the federal Food, Drug, and Cosmetic Act, United States Code, title 21, sections 321(g), 321(h), and 353(b)(1), as amended;

 

(5) are packaging for products regulated as animal biologics, including vaccines, bacterins, antisera, diagnostic kits, and other products of biological origin, under the federal Virus-Serum-Toxin Act, United States Code, title 21, section 151 et seq., as amended;

 

(6) are packaging for products regulated under the federal Insecticide, Fungicide, and Rodenticide Act, United States Code, title 7, section 136 et seq., as amended;

 

(7) are paper products used for a print publication with a circulation of less than 20,000 that primarily includes content derived from primary sources related to news and current events; or"

 

Page 3, line 15, delete "4" and insert "6"

 

Renumber the clauses in sequence

 

Page 3, line 27, after "for" insert "waste reduction,"

 

Page 4, line 13, after the period, insert "Packaging does not include exempt materials."

 

Page 4, line 22, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 6, lines 6 and 21, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 6, after line 27, insert:

 

"Subd. 29.  Refill.  "Refill" means the continued use of a covered material by a consumer through a system that is:

 

(1) intentionally designed and marketed for repeated filling of a covered material to reduce demand for new production of the covered material;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12176

(2) supported by adequate logistics and infrastructure to provide convenient access for consumers; and

 

(3) compliant with all applicable state and local statutes, rules, ordinances, and other laws governing health and safety."

 

Page 7, line 1, delete "statutes and rules" and insert "statutes, rules, ordinances, and other laws"

 

Page 7, after line 6, insert:

 

"Subd. 32.  Return rate.  "Return rate" means the amount of reusable covered material, in aggregate or by individual covered materials type, collected for reuse by the producer or service provider in a calendar year divided by the total amount of reusable covered materials sold or distributed into the state by the relevant unit of measurement established in section 115A.1451."

 

Page 7, line 9, delete "refilling or" and delete "in the marketplace for its original" and insert "by a producer or service provider"

 

Page 7, line 10, delete everything before "when"

 

Page 7, line 11, before the semicolon, insert "for its original intended purpose without a change in form"

 

Page 7, line 13, before the semicolon, insert "of the covered material"

 

Page 7, line 15, delete "return for" and insert "consumers"

 

Page 7, line 16, delete everything before the semicolon

 

Page 7, line 17, delete "and rules" and insert ", rules, ordinances, and other laws"

 

Page 7, lines 30 and 31, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 7, delete line 32

 

Renumber the subdivisions in sequence

 

Page 8, line 5, after the second "reduction" insert "includes refill, but"

 

Page 8, line 9, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 9, lines 4, 6, and 18, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 10, lines 6, 23, and 25, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 11, line 20, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 13, delete lines 3 to 5 and insert:

 

"(5) provide the lists of covered materials that are recyclable or compostable and exempt materials developed by the commissioner under section 115A.1453 to all producer responsibility organizations by March 1, 2027;"

 

Page 13, line 14, delete "list" and insert "lists" and after "materials" insert "and of exempt materials"


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12177

Page 13, line 22, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 13, after line 22, insert:

 

"(7) provide producer responsibility organizations with information regarding Minnesota and federal laws that prohibit toxic substances in covered materials;"

 

Renumber the clauses in sequence

 

Page 14, lines 7, 17, 25, and 27, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 14, delete lines 18 to 20 and insert:

 

"(4) forward upon receipt from the commissioner the lists of covered materials that are recyclable or compostable and exempt materials developed by the commissioner under section 115A.1453 to all service providers that participate in a stewardship plan administered by the producer responsibility organization;"

 

Page 15, delete lines 19 to 24 and insert:

 

"(1) collected under a program in a stewardship plan approved by the commissioner under section 115A.1451, subdivision 4;

 

(2) reusable, included in a reuse system that meets the reuse rate and return rate required under section 115A.1451, subdivision 7, and included in an approved stewardship plan;

 

(3) capable of waste reduction and are in a system for waste reduction included in an approved stewardship plan;

 

(4) included on the list established under section 115A.1453, subdivision 1; or

 

(5) included on the list established under section 115A.1453, subdivision 2."

 

Page 15, line 27, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 16, line 24, delete "least the" and insert "a minimum:"

 

Page 16, delete line 25

 

Page 16, line 29, delete "and" and after "rates" insert ", and return rates"

 

Page 16, line 30, delete "overall rates of recycling and composting" and insert "the stewardship plan with respect to the recycling rate, composting rate, reuse rate, and return rate"

 

Page 17, line 12, after "reuse" insert "rates and return rates"

 

Page 17, line 13, after "recycling" insert "rates"

 

Page 17, line 14, after "composting" insert "rates"


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12178

Page 17, delete lines 16 and 17 and insert:

 

"(4) an evaluation of the following factors for each covered material collected for recycling or composting:

 

(i) current availability of recycling collection services;

 

(ii) recycling collection and processing infrastructure;

 

(iii) capacity and technology for sorting covered materials;

 

(iv) availability of responsible end markets;

 

(v) the presence and amount of processing residuals, contamination, and toxic substances;

 

(vi) quantity of material estimated to be available and recoverable;

 

(vii) projected future conditions for clauses (i) to (vi); and

 

(viii) other criteria or factors determined by the commissioner;"

 

Page 17, line 23, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 17, line 26, after "existing" insert "waste reduction,"

 

Page 17, line 28, after "cost of" insert "waste reduction,"

 

Page 18, line 4, delete "and accounts for" and insert ", taking into account the waste reduction,"

 

Page 18, line 7, delete "the same or comparable" and insert "an equivalent" and after "level of" insert "service and"

 

Page 18, after line 10 insert:

 

"(10) proposed formulas reimbursing service providers, based on factors identified in section 115A.1455, subdivision 4;"

 

Renumber the clauses in sequence

 

Page 18, line 22, after "sound" insert "use and"

 

Page 18, line 24, after "how to" insert "use and"

 

Page 18, line 25, after "access" insert "waste reduction,"

 

Page 18, line 27, after "participation in" insert "waste reduction,"

 

Page 18, line 32, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 19, lines 2 and 22, delete "this act" and insert "sections 115A.144 to 115A.1462"


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12179

Page 20, delete lines 1 to 3 and insert:

 

"(2) a description of the methods of collection to be used for each covered materials type and how they will meet the statewide requirement established in subdivision 7;

 

(3) a description of the methods of collection to be used for each covered materials type managed through a reuse system, including infrastructure, convenience metrics, and measurement, and how they will meet the statewide requirement established in subdivision 7;

 

(4) a description of the methods to be used for each covered materials type for waste reduction, including infrastructure, convenience metrics, and measurement methods for refill, and how they will meet the statewide requirement established in subdivision 7;"

 

Page 20, line 4, after "targets" insert "and statewide requirements"

 

Page 20, line 8, delete "source" and insert "waste"

 

Page 20, line 23, after "product's" insert "refill," and after "reuse" insert a comma

 

Page 20, line 31, after "convenience of" insert "waste reduction,"

 

Page 21, delete lines 1 to 4 and insert:

 

"(iv) ensure statewide coverage of collection services for covered materials on the recyclable or compostable list established under section 115A.1453, subdivision 1, at no cost to all single-family and multifamily residences and political subdivisions that arrange for the collection of recyclable materials from public places, at the equivalent level of service and convenience as collection services for mixed municipal solid waste; and"

 

Page 21, line 6, after "collection," insert "waste reduction,"

 

Page 21, after line 12, insert:

 

"(12) a description of how the producer responsibility organization will ensure that all persons engaged in reuse, recycling, composting, and management of mixed municipal solid waste are made aware of bid opportunities under section 115A.1455;"

 

Page 21, line 19, delete "recyclable"

 

Page 21, line 20, delete "or" and delete "lists" and insert "list"

 

Page 21, after line 25, insert:

 

"(15) a process to resolve disputes that arise between the producer responsibility organization and a service provider regarding the determination and payment of the reasonable cost of services provided under an approved stewardship plan;"

 

Renumber the clauses in sequence

 

Page 22, line 8, after "about" insert "refilling,"

 

Page 22, line 10, after "how to" insert "use and"


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12180

Page 22, line 11, after "access" insert "waste reduction,"

 

Page 22, line 12, after "participation in" insert "waste reduction,"

 

Page 23, lines 6, 7, 11, and 21, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 23, line 15, delete everything after "for" and insert "reuse rates, return rates, recycling rates, composting rates,"

 

Page 24, lines 3 and 4, delete "source" and insert "waste"

 

Page 24, line 10, delete "measuring to be" and insert "the measurement of"

 

Page 24, line 15, after "impacts" insert "than the single-use version of the item"

 

Page 24, delete subdivision 7 and insert:

 

"Subd. 7.  Statewide requirements.  (a) The producer responsibility organization must ensure the following requirements are met collectively by its members by the end of the year indicated:

 

(1) by 2033:

 

(i) the combined recycling rate and composting rate must be no less than 65 percent of covered materials by weight sold or distributed;

 

(ii) the reuse rate is ten percent of the number of units of packaging sold or distributed into the state, with a return rate of no less than 90 percent;

 

(iii) the weight of covered materials introduced must be waste reduced by 15 percent, compared to levels identified in the initial needs assessment; and

 

(iv) all covered materials introduced must contain at least ten percent postconsumer recycled content, with all covered materials containing an overall average of at least 30 percent; and

 

(2) by 2038:

 

(i) the combined recycling rate and composting rate must be no less than 75 percent of covered materials by weight sold or distributed into the state;

 

(ii) the reuse rate is 20 percent of the number of units of packaging sold or distributed into the state, with a return rate of no less than 95 percent;

 

(iii) the weight of covered materials introduced must be waste reduced by 25 percent, compared to levels identified in the initial needs estimate; and

 

(iv) all covered materials introduced must contain at least 30 percent postconsumer recycled content, with all covered products containing an overall average of at least 50 percent.

 

(b) The commissioner may adjust any requirement established in paragraph (a) by no more than five percent after submitting the proposed adjustment to the advisory board and considering the board's recommendations before making the adjustment.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12181

(c) After 2038, the commissioner may establish additional statewide requirements for:

 

(1) the amount of covered materials that must be recycled or composted;

 

(2) the number of units of packaging sold or distributed into the state that must be reusable and the return rate that must be met when returned to an established reuse system;

 

(3) the weight of covered materials introduced that must be waste reduced; and

 

(4) the percent of postconsumer recycled content that must be used in covered materials introduced.

 

The statewide requirements established under this paragraph must not be less than those listed in paragraph (a), clause (2)."

 

Page 25, line 24, delete "and at least every three years thereafter,"

 

Page 25, line 27, after the period, insert "These covered materials must be collected at the equivalent level of service and convenience as collection services for mixed municipal solid waste."

 

Page 25, after line 27, insert:

 

"Subd. 2.  Alternative collection list required.  By March 1, 2027, the commissioner must complete a list of covered materials determined to be recyclable or compostable and collected statewide through systems other than the system required for covered materials on the list established in subdivision 1."

 

Page 25, line 30, after "develop" insert "or amend"

 

Page 25, after line 31, insert:

 

"Subd. 4.  Criteria.  In developing the lists under subdivisions 1 and 2, the commissioner may consider the following criteria:

 

(1) current availability of recycling collection services;

 

(2) recycling collection and processing infrastructure;

 

(3) capacity and technology for sorting covered materials;

 

(4) availability of responsible end markets;

 

(5) presence and amount of processing residuals, contamination, and toxic substances;

 

(6) quantity of material estimated to be available and recoverable;

 

(7) projected future conditions for clauses (1) to (6);

 

(8) if collected for recycling, the covered material type and form must be one that is regularly sorted and aggregated into defined streams for recycling processes or the packaging format must be specified in a relevant Institution of Scrap Recycling Industries specification; and

 

(9) other criteria or factors determined by the commissioner."


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12182

Page 26, delete subdivision 3 and insert:

 

"Subd. 5.  Collection requirements.  (a) A producer responsibility organization must collect covered materials included in a list established under subdivision 1, on a statewide basis, as follows:

 

(1) for residents that have curbside mixed municipal solid waste collection, provide collection of covered materials at the same frequency and on the same day as mixed municipal solid waste collection;

 

(2) provide collection of covered materials at each recycling or mixed municipal solid waste drop-off site that is open to the public, including but not limited to canister sites, transfer stations, and disposal facilities;

 

(3) provide a durable container dedicated to the collection of covered materials to every residential unit served according to this paragraph; and

 

(4) in addition to the requirements of clauses (1) to (3), the producer responsibility organization may collect or contract for the collection of covered materials from the public by other means, including but not limited to other drop off locations or mobile collections.

 

(b) A producer responsibility organization must collect covered materials included in a list established under subdivision 2, on a statewide basis, as follows:

 

(1) the producer responsibility organization must provide:

 

(i) for each county with a population of 10,000 or less, at least two permanent drop-off collection sites;

 

(ii) for each county with a population greater than 10,000 but less than or equal to 100,000, at least two permanent drop-off collection sites and at least one additional permanent drop-off collection site for each additional 10,000 in population above a population of 10,000;

 

(iii) for each county with a population greater than 100,000, at least 11 permanent drop-off collection sites and at least one additional permanent year-round drop-off collection site for each additional 50,000 in population above a population of 100,000; and

 

(iv) a permanent drop-off collection site located within ten miles of at least 95 percent of state residents;

 

(2) the producer responsibility organization may propose an alternative to the requirements of paragraph (b), clause (1), as part of a stewardship plan if the producer responsibility organization demonstrates that the alternative will provide an equivalent or greater level of service and convenience; and

 

(3) the producer responsibility organization may use the following additional collection methods:

 

(i) curbside collection of source-separated covered materials;

 

(ii) curbside collection that is less frequent than collection of mixed municipal solid waste;

 

(iii) mobile collection;

 

(iv) collection events;

 

(v) custom collection programs based on the use and generation of the covered material being managed in a custom program; and

 

(vi) collection in the same manner provided for the covered materials in the list under subdivision 1."


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12183

Renumber the subdivisions in sequence

 

Page 27, line 5, delete "work to"

 

Page 28, line 15, after "provision of" insert "waste reduction,"

 

Page 28, line 24, before the period, insert "that are no less than monthly"

 

Page 28, line 26, delete "a comparable" and insert "the equivalent" and after "level of" insert "service and"

 

Page 28, line 27, delete "the recyclable covered materials" and insert "a"

 

Page 28, line 28, before the comma, insert ", subdivision 1"

 

Page 29, line 3, after "state for" insert "waste reduction,"

 

Page 29, line 9, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 29, line 13, after "affect" insert "waste reduction,"

 

Page 30, lines 5 and 8, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 31, line 14, after "composting," insert "waste reduction,"

 

Page 31, lines 19 and 27, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 32, line 16, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 32, delete lines 31 to 33 and insert:

 

"(5) information on how to manage covered materials included on the lists established by the commissioner under section 115A.1453;

 

(6) information on reuse systems and waste reduction systems operating according to sections 115A.144 to 115A.1462;"

 

Renumber the clauses in sequence

 

Page 33, lines 5, 18, 20, 23, and 27, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

Page 33, lines 17 and 19, after "composting," insert "waste reduction,"

 

Page 33, line 26, delete "this" and insert "sections 115A.144 to 115A.1462"

 

Page 33, line 27, delete the first "act"

 

Page 34, lines 3, 4, 10, 12, 15, and 19, delete "this act" and insert "sections 115A.144 to 115A.1462"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12184

Moller from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 3697, A bill for an act relating to public safety; limiting the requirement to participate in the ignition interlock program to individuals whose driver's license is revoked, canceled, or denied for an incident involving alcohol; establishing an intensive testing program for individuals whose driver's license is revoked, canceled, or denied for an incident involving a controlled substance or an intoxicating substance; amending Minnesota Statutes 2022, sections 169A.55, subdivision 4; 171.306, subdivision 1; Minnesota Statutes 2023 Supplement, section 169A.44, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 171.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Pryor from the Committee on Education Policy to which was referred:

 

H. F. No. 3782, A bill for an act relating to education; modifying provisions for prekindergarten through grade 12 education including general education, education excellence, teachers, literacy, charter schools, nutrition, health and safety, early learning, and education partnerships and compacts; requiring reports; amending Minnesota Statutes 2022, sections 120A.05, subdivision 10a, by adding a subdivision; 120A.22, subdivision 12; 120A.35; 120B.022, subdivisions 1a, 1b; 120B.13, subdivision 4; 121A.41, subdivision 8; 122A.181, by adding a subdivision; 122A.182, subdivision 2, by adding a subdivision; 123B.37, subdivision 2; 124D.151, as amended; 124D.60, subdivision 1; 124D.61; 124E.05, subdivision 3; 124E.07, subdivisions 3, 8; 124E.10, subdivisions 2, 5; 124E.26; 125A.02, subdivision 1a; 125A.27, subdivision 8; 125A.56, subdivision 1; 127A.70, subdivision 1; 260E.14, subdivision 1; Minnesota Statutes 2023 Supplement, sections 13.32, subdivision 5; 120B.021, subdivision 1; 120B.024, subdivision 1; 120B.11, subdivision 2; 120B.1117; 120B.1118, subdivisions 4, 7, by adding a subdivision; 120B.117, subdivision 4; 120B.12, subdivisions 1, 2, 2a, 4; 120B.123, subdivisions 1, 2; 120B.124, subdivision 1; 120B.30, subdivisions 7, 12, by adding a subdivision; 120B.302; 120B.305; 120B.31, subdivision 4; 120B.36, subdivision 1; 121A.20, subdivision 2; 122A.092, subdivision 5; 122A.181, subdivisions 2, 2a; 122A.182, subdivision 2a; 124D.09, subdivision 5; 124D.094, subdivisions 2, 3; 124D.111, subdivision 2a; 124D.165, subdivisions 2, 2a; 124D.42, subdivision 8; 124D.98, subdivision 5; 124E.02; 124E.03, subdivision 2; 124E.06, subdivisions 1, 4, 5; 124E.12, subdivision 1; 124E.16, subdivision 1; 126C.40, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 127A; 134; repealing Minnesota Statutes 2022, section 120B.31, subdivisions 2, 6; Laws 2017, First Special Session chapter 5, article 8, section 9.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

GENERAL EDUCATION

 

Section 1.  Minnesota Statutes 2023 Supplement, section 13.32, subdivision 5, is amended to read:

 

Subd. 5.  Directory information.  (a) Educational data designated as directory information is public data on individuals to the extent required under federal law.  Directory information must be designated pursuant to the provisions of:

 

(1) this subdivision; and

 

(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title 34, section 99.37, which were in effect on January 3, 2012.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12185

(b) When conducting the directory information designation and notice process required by federal law, an educational agency or institution shall give parents and students notice of the right to refuse to let the agency or institution designate specified data about the student as directory information.  This notice may be given by any means reasonably likely to inform the parents and students of the right.

 

(c) An educational agency or institution may not designate a student's home address, telephone number, email address, or other personal contact information as directory information under this subdivision.  This paragraph does not apply to a postsecondary institution.

 

(d) When requested, educational agencies or institutions must share personal student contact information and directory information, whether public or private, with the Minnesota Department of Education, as required for federal reporting purposes.

 

(e) When requested, educational agencies or institutions may share personal student contact information and directory information for students served in special education with postsecondary transition planning and services under section 125A.08, paragraph (b), clause (1), whether public or private, with the Department of Employment and Economic Development, as required for coordination of services to students with disabilities under sections 125A.08, paragraph (b), clause (1); 125A.023; and 125A.027. 

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 2.  Minnesota Statutes 2022, section 120A.35, is amended to read:

 

120A.35 ABSENCE FROM SCHOOL FOR RELIGIOUS OBSERVANCE AND CULTURAL OBSERVANCES.

 

Reasonable efforts must be made by a school district to accommodate any pupil who wishes to be excused from a curricular activity for a religious observance or American Indian cultural practice, observance, or ceremony.  A school board must provide annual notice to parents of the school district's policy relating to a pupil's absence from school for religious observance under this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 3.  [121A.73] SCHOOL CELL PHONE POLICY.

 

A school district or charter school must adopt a policy on students' possession and use of cell phones in school by March 15, 2025.  The Minnesota Elementary School Principals Association and the Minnesota Association of Secondary School Principals must collaborate to make best practices available to schools on a range of different strategies in order to minimize the impact of cell phones on student behavior, mental health, and academic attainment.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 4.  Minnesota Statutes 2023 Supplement, section 124D.094, subdivision 2, is amended to read:

 

Subd. 2.  Digital instruction.  (a) An enrolling district may provide digital instruction, including blended instruction and online instruction, to the district's own enrolled students.  Enrolling districts may establish agreements to provide digital instruction, including blended instruction and online instruction, to students enrolled in the cooperating schools.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12186

(b) When online instruction is provided, an online teacher as defined under subdivision 1, paragraph (h), shall perform all duties of teacher of record under Minnesota Rules, part 8710.0310.  Unless the commissioner grants a waiver, a teacher providing online instruction shall not instruct more than 40 students in any one online learning course or section.

 

(c) Students receiving online instruction full time shall be reported as enrolled in an online instructional site under subdivision 1, paragraph (g).

 

(d) Curriculum used for digital instruction shall be aligned with Minnesota's current academic standards and benchmarks.

 

(e) Digital instruction shall be accessible to students under section sections 504 and 508 of the federal Rehabilitation Act and Title II of the federal Americans with Disabilities Act.

 

(f) An enrolling district providing digital instruction and a supplemental online course provider shall assist an enrolled student whose family qualifies for the education tax credit under section 290.0674 to acquire computer hardware and educational software so they may participate in digital instruction.  Funds provided to a family to support digital instruction or supplemental online courses may only be used for qualifying expenses as determined by the provider.  Nonconsumable materials purchased with public education funds remain the property of the provider.  Records for any funds provided must be available for review by the public or the department.

 

(g) An enrolling district providing digital instruction shall establish and document procedures for determining attendance for membership and keep accurate records of daily attendance under section 120A.21.

 

Sec. 5.  Minnesota Statutes 2023 Supplement, section 124D.094, subdivision 3, is amended to read:

 

Subd. 3.  Supplemental online courses.  (a) Notwithstanding sections 124D.03 and 124D.08 and chapter 124E, procedures for applying to take supplemental online courses other than those offered by the student's enrolling district are as provided in this subdivision.

 

(b) Any kindergarten through grade 12 student may apply to take a supplemental online course under subdivision 1, paragraph (j).  The student, or the student's parent or guardian for a student under age 17, must submit an application for the proposed supplemental online course or courses.  A student may:

 

(1) apply to take an online course from a supplemental online course provider that meets or exceeds the academic standards of the course in the enrolling district they are replacing;

 

(2) apply to take supplemental online courses for up to 50 percent of the student's scheduled course load; and

 

(3) apply to take supplemental online courses no later than 15 school days after the student's enrolling district's term has begun.  An enrolling district may waive the 50 percent course enrollment limit or the 15-day time limit.; and

 

(4) enroll in additional courses with the online learning provider under a separate agreement that includes terms for paying any tuition or course fees.

 

(c) A student taking a supplemental online course must have the same access to the computer hardware and education software available in a school as all other students in the enrolling district.

 

(d) A supplemental online course provider must have a current, approved application to be listed by the Department of Education as an approved provider.  The supplemental online course provider must:

 

(1) use an application form specified by the Department of Education;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12187

(2) notify the student, the student's guardian if they are age 17 or younger, and enrolling district of the accepted application to take a supplemental online course within ten days of receiving a completed application;

 

(3) notify the enrolling district of the course title, credits to be awarded, and the start date of the online course.  A supplemental online course provider must make the online course syllabus available to the enrolling district;

 

(4) request applicable academic support information for the student, including a copy of the IEP, EL support plan, or 504 plan; and

 

(5) track student attendance and monitor academic progress and communicate with the student, the student's guardian if they are age 17 or younger, and the enrolling district's designated online learning liaison.

 

(e) A supplemental online course provider may limit enrollment if the provider's school board or board of directors adopts by resolution specific standards for accepting and rejecting students' applications.  The provisions may not discriminate against any protected class or students with disabilities.

 

(f) A supplemental online course provider may request that the Department of Education review an enrolling district's written decision to not accept a student's supplemental online course application.  The student may participate in the supplemental online course while the application is under review.  Decisions shall be final and binding for both the enrolling district and the supplemental online course provider.

 

(g) A supplemental online course provider must participate in continuous improvement cycles with the Department of Education.

 

Sec. 6.  Minnesota Statutes 2022, section 124D.12, is amended to read:

 

124D.12 PURPOSE OF FLEXIBLE LEARNING YEAR PROGRAMS.

 

Sections 124D.12 to 124D.127 authorize districts to evaluate, plan and employ the use of flexible learning year programs.  It is anticipated that the open selection of the type of flexible learning year operation from a variety of alternatives will allow each district seeking to utilize this concept to suitably fulfill the educational needs of its pupils.  These alternatives must include, but not be limited to, various 45-15 plans, four-quarter plans, quinmester plans, extended learning year plans, and flexible all-year plans.  A school district with an approved four-day week plan in the 2014-2015 school year may continue under a four-day week plan through the end of the 2019-2020 school year.  Future approvals are contingent upon meeting the school district's performance goals established in the district's plan under section 120B.11 The commissioner must establish clear criteria for evaluating a district's application to use a four-day school week plan, at least annually accept district applications to use a four-day school week plan, and determine whether each application meets the criteria.  The commissioner must give a school district one school year's notice before revoking approval of its flexible learning year program.  Approval of a four-day school week plan may not be revoked for six years from the date it is granted.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 7.  Minnesota Statutes 2023 Supplement, section 126C.40, subdivision 6, is amended to read:

 

Subd. 6.  Lease purchase; installment buys.  (a) Upon application to, and approval by, the commissioner in accordance with the procedures and limits in subdivision 1, paragraphs (a) and (b), a district, as defined in this subdivision, may:

 

(1) purchase real or personal property under an installment contract or may lease real or personal property with an option to purchase under a lease purchase agreement, by which installment contract or lease purchase agreement title is kept by the seller or vendor or assigned to a third party as security for the purchase price, including interest, if any; and


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12188

(2) annually levy the amounts necessary to pay the district's obligations under the installment contract or lease purchase agreement.

 

(b) The obligation created by the installment contract or the lease purchase agreement must not be included in the calculation of net debt for purposes of section 475.53, and does not constitute debt under other law.  An election is not required in connection with the execution of the installment contract or the lease purchase agreement.

 

(c) The proceeds of the levy authorized by this subdivision must not be used to acquire a facility to be primarily used for athletic or school administration purposes.

 

(d) For the purposes of this subdivision, "district" means:

 

(1) Special School District No. 1, Minneapolis, Independent School District No. 625, St. Paul, Independent School District No. 709, Duluth, or Independent School District No. 535, Rochester, if the district's desegregation achievement and integration plan has been determined by the commissioner to be in compliance with Department of Education rules relating to equality of educational opportunity and where the acquisition, as defined in section 475.51, subdivision 7, of property under this subdivision is determined by the commissioner to contribute to the implementation of the desegregation approved achievement and integration plan; or

 

(2) other districts eligible for revenue under section 124D.862 if the facility acquired under this subdivision is to be primarily used for a joint program for interdistrict desegregation and the commissioner determines that the joint programs are is being undertaken to implement the districts' desegregation approved achievement and integration plan.

 

(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease or rent a district-owned building to itself does not apply to levies otherwise authorized by this subdivision.

 

(f) For the purposes of this subdivision, any references in subdivision 1 to building or land shall include personal property.

 

(g) Projects funded under this subdivision are subject to review and comment under section 123B.71, subdivision 8, in the same manner as other school construction projects form and manner prescribed by the commissioner.

 

Sec. 8.  REVISOR INSTRUCTION.

 

The revisor of statutes shall remove the term "state-approved" wherever it appears in Minnesota Statutes, sections 125A.15, 125A.51, and 125A.515, for education in care and treatment facilities.

 

ARTICLE 2

EDUCATION EXCELLENCE

 

Section 1.  Minnesota Statutes 2023 Supplement, section 120B.021, subdivision 1, is amended to read:

 

Subdivision 1.  Required academic standards.  (a) The following subject areas are required for statewide accountability:

 

(1) language arts;

 

(2) mathematics, encompassing algebra II, integrated mathematics III, or an equivalent in high school, and to be prepared for the three credits of mathematics in grades 9 through 12, the grade 8 standards include completion of algebra;


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12189

(3) science, including earth and space science, life science, and the physical sciences, including chemistry and physics;

 

(4) social studies, including history, geography, economics, and government and citizenship that includes civics;

 

(5) physical education;

 

(6) health, for which locally developed academic standards apply; and

 

(7) the arts.  Public elementary and middle schools must offer at least three and require at least two of the following five arts areas:  dance; media arts; music; theater; and visual arts.  Public high schools must offer at least three and require at least one of the following five arts areas:  media arts; dance; music; theater; and visual arts.

 

(b) For purposes of applicable federal law, the academic standards for language arts, mathematics, and science apply to all public school students, except the very few students with extreme cognitive or physical impairments for whom an individualized education program team has determined that the required academic standards are inappropriate.  An individualized education program team that makes this determination must establish alternative standards.

 

(c) The department may modify SHAPE America (Society of Health and Physical Educators) standards and adapt the national standards to accommodate state interest.  The modification and adaptations must maintain the purpose and integrity of the national standards.  The department must make available sample assessments, which school districts may use as an alternative to local assessments, to assess students' mastery of the physical education standards beginning in the 2018-2019 school year.

 

(d) (c) A school district may include child sexual abuse prevention instruction in a health curriculum, consistent with paragraph (a), clause (6).  Child sexual abuse prevention instruction may include age-appropriate instruction on recognizing sexual abuse and assault, boundary violations, and ways offenders groom or desensitize victims, as well as strategies to promote disclosure, reduce self-blame, and mobilize bystanders.  A school district may provide instruction under this paragraph in a variety of ways, including at an annual assembly or classroom presentation.  A school district may also provide parents information on the warning signs of child sexual abuse and available resources.

 

(e) (d) District efforts to develop, implement, or improve instruction or curriculum as a result of the provisions of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.

 

Sec. 2.  Minnesota Statutes 2022, section 120B.022, subdivision 1a, is amended to read:

 

Subd. 1a.  Foreign World language and culture; proficiency certificates.  (a) World languages teachers and other school staff should develop and implement world languages programs that acknowledge and reinforce the language proficiency and cultural awareness that non-English language speakers already possess, and encourage students' proficiency in multiple world languages.  Programs under this section must encompass Indigenous American Indian languages and cultures, among other world languages and cultures.  The department shall consult with postsecondary institutions in developing related professional development opportunities for purposes of this section.

 

(b) Any Minnesota public, charter, or nonpublic school may award Minnesota World Language Proficiency Certificates consistent with this subdivision.

 

(c) The Minnesota World Language Proficiency Certificate recognizes students who demonstrate listening, speaking, reading, and writing language skills at an overall intermediate-low or intermediate-mid level of proficiency on the American Council on the Teaching of Foreign Languages' Intermediate-Low level ACTFL's scale of levels of proficiency.  A student's level of proficiency is derived from assessment in the domains of listening, reading, speaking, and writing on a valid and reliable assessment tool.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12190

Sec. 3.  Minnesota Statutes 2022, section 120B.022, subdivision 1b, is amended to read:

 

Subd. 1b.  State bilingual and multilingual seals.  (a) Consistent with efforts to strive for the world's best workforce under sections 120B.11 and 124E.03, subdivision 2, paragraph (i), and close the academic achievement and opportunity gap under sections 124D.861 and 124D.862, voluntary state bilingual and multilingual seals are established to recognize graduating high school students in any school district, charter school, or nonpublic school who demonstrate particular levels of proficiency in one or more languages other than English.  The levels of proficiency established under this subdivision are based on the ACTFL's proficiency guidelines.  A student is eligible for a seal in a language other than English if the student demonstrates an overall Advanced-Low level or an intermediate high level of functional proficiency in listening, speaking, reading, and writing on either assessments derived from assessment in the domains of listening, reading, speaking, and writing on an assessment aligned with American Council on the Teaching of Foreign Languages' (ACTFL) ACTFL proficiency guidelines or on an equivalent valid and reliable assessments in one or more languages in addition to English assessment.  Indigenous American Indian languages and American Sign Language is a language are languages other than English for purposes of this subdivision and a world language languages for purposes of subdivision 1a.

 

(b) In addition to paragraph (a), to be eligible to receive a seal:

 

(1) students must satisfactorily complete all required English language arts credits; and.

 

(2) students must demonstrate mastery of Minnesota's English language proficiency standards.

 

(c) Consistent with this subdivision, a high school student who demonstrates an overall intermediate high ACTFL level of functional proficiency derived from assessment in the domains of listening, reading, speaking, and writing in one language in addition to English is eligible to receive the state bilingual gold seal.  A high school student who demonstrates an overall intermediate high ACTFL level of functional native proficiency derived from assessment in the domains of listening, reading, speaking, and writing in more than one language in addition to English is eligible to receive the state multilingual gold seal.  A high school student who demonstrates an overall advanced-low and above ACTFL level of functional proficiency derived from assessment in the domains of listening, reading, speaking, and writing in one language in addition to English is eligible to receive the state bilingual platinum seal.  A high school student who demonstrates an overall advanced-low and above ACTFL level of functional proficiency derived from assessment in the domains of listening, reading, speaking, and writing in more than one language in addition to English is eligible to receive the state multilingual platinum seal.

 

(d) School districts and charter schools may give students periodic opportunities to demonstrate their level of proficiency in listening, speaking, reading, and writing in a language in addition to English.  Where valid and reliable assessments are unavailable, a school district or charter school may rely on evaluators trained in assessing under ACTFL proficiency guidelines to assess a student's level of foreign, heritage, or Indigenous non-English language proficiency under this section.  School districts and charter schools must maintain appropriate records to identify high school students eligible to receive the state bilingual or multilingual gold and platinum seals upon graduation.  The school district or charter school must affix notate the appropriate seal to the transcript of each high school student who meets the requirements of this subdivision and may affix the seal to the student's diploma.  A school district or charter school must not charge the high school student a fee for this seal.

 

(e) A school district or charter school may award elective course credits in world languages to a student who demonstrates the requisite proficiency in a language other than English under this section.

 

(f) A school district or charter school may award community service credit to a student who demonstrates an overall intermediate high or an overall advanced-low and above ACTFL level of functional proficiency in listening, speaking, reading, and writing derived from assessment in the domains of listening, reading, speaking, and writing in a language other than English and who participates in community service activities that are integrated into the curriculum, involve the participation of teachers, and support biliteracy in the school or local community.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12191

(g) The commissioner must list on the web page those the assessments that are aligned to ACTFL proficiency guidelines, and establish guidelines on interpreting the scores or ratings from approved assessments.

 

(h) By August 1, 2015, the colleges and universities of the Minnesota State Colleges and Universities system must establish criteria to translate the seals into college credits based on the world language course equivalencies identified by the Minnesota State Colleges and Universities faculty and staff and, upon request from an enrolled student, the Minnesota State Colleges and Universities may award foreign language credits to a student who receives received a Minnesota World Language Proficiency Certificate or Minnesota Bilingual or Multilingual Seals under subdivision 1a.  A student who demonstrated the requisite level of language proficiency in grade 10, 11, or 12 to receive a seal or certificate and is enrolled in a Minnesota State Colleges and Universities institution must request college credits for the student's seal or proficiency certificate within three academic years after graduating from high school.  The University of Minnesota is encouraged to award students foreign language academic credits consistent with this paragraph.

 

Sec. 4.  Minnesota Statutes 2023 Supplement, section 120B.024, subdivision 1, is amended to read:

 

Subdivision 1.  Graduation requirements.  (a) Students must successfully complete the following high school level credits for graduation:

 

(1) four credits of language arts sufficient to satisfy all of the academic standards in English language arts;

 

(2) three credits of mathematics sufficient to satisfy all of the academic standards in mathematics;

 

(3) three credits of science, including one credit to satisfy all the earth and space science standards for grades 9 through 12, one credit to satisfy all the life science standards for grades 9 through 12, and one credit to satisfy all the chemistry or physics standards for grades 9 through 12;

 

(4) three and one-half credits of social studies, including credit for a course in government and citizenship in either grade 11 or 12 for students beginning grade 9 in the 2024-2025 2025-2026 school year and later or an advanced placement, international baccalaureate, or other rigorous course on government and citizenship under section 120B.021, subdivision 1a, and a combination of other credits encompassing at least United States history, geography, government and citizenship, world history, and economics sufficient to satisfy all of the academic standards in social studies;

 

(5) one credit of the arts sufficient to satisfy all of the academic standards in the arts;

 

(6) credits credit sufficient to satisfy the state standards in physical education; and

 

(7) a minimum of seven elective credits.

 

(b) Students who begin grade 9 in the 2024-2025 school year and later must successfully complete a course for credit in personal finance in grade 10, 11, or 12.  A teacher of a personal finance course that satisfies the graduation requirement must have a field license or out-of-field permission in agricultural education, business, family and consumer science, social studies, or math.

 

EFFECTIVE DATE.  This section is effective July 1, 2024.

 

Sec. 5.  Minnesota Statutes 2023 Supplement, section 120B.11, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For the purposes of this section and section 120B.10, the following terms have the meanings given them.


Journal of the House - 96th Day - Monday, March 25, 2024 - Top of Page 12192

(a) "Instruction" means methods of providing learning experiences that enable a student to meet state and district academic standards and graduation requirements including applied and experiential learning.

 

(b) "Curriculum" means district or school adopted programs and written plans for providing students with learning experiences that lead to expected knowledge and skills and career and college readiness.

 

(c) "World's best workforce" means striving to:  meet school readiness goals; close the academic achievement gap among all racial and ethnic groups of students and between students living in poverty and students not living in poverty; have all students attain career and college readiness before graduating from high school; and have all students graduate from high school.

 

(d) "Experiential learning" means learning for students that includes career exploration through a specific class or course or through work-based experiences such as job shadowing, mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative work experience, youth apprenticeship, or employment.

 

(e) "Ethnic studies" as defined in section 120B.25 has the same meaning for purposes of this section.  Ethnic studies curriculum may be integrated in existing curricular opportunities or provided through additional curricular offerings.

 

(f) "Antiracist" means actively working to identify and eliminate racism in all forms in order to change policies, behaviors, and beliefs that perpetuate racist ideas and actions.

 

(g) "Culturally sustaining" means integrating content and practices that infuse the culture and language of Black, Indigenous, and People of Color communities who have been and continue to be harmed and erased through the education system.

 

(h) "Institutional racism" means structures, policies, and practices within and across institutions that produce outcomes that disadvantage those who are Black, Indigenous, and People of Color.

 

(i) "On track for graduation" means that at the end of grade 9, a student has earned at least five credits and has received no more than one failing grade in a semester in a course in language arts, mathematics, science, or social studies.  A student is off track for graduation if the student fails to meet either of these criteria.

 

EFFECTIVE DATE.  This section is effective July 1, 2024.

 

Sec. 6.  Minnesota Statutes 2023 Supplement, section 12