STATE OF
MINNESOTA
NINETY-FIRST
SESSION - 2019
_____________________
THIRTY-FIRST
DAY
Saint Paul, Minnesota, Wednesday, April 3, 2019
The House of Representatives convened at 12:00
noon and was called to order by Liz Olson, Speaker pro tempore.
Prayer was offered by the Reverend Daniel
Griffith, Our Lady of Lourdes Catholic Church, Minneapolis, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Albright
Anderson
Bahner
Bahr
Baker
Becker-Finn
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Daudt
Davids
Davnie
Dehn
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Franson
Freiberg
Garofalo
Gomez
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hornstein
Howard
Huot
Johnson
Jurgens
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Lueck
Mahoney
Mann
Mariani
Marquart
Masin
Mekeland
Miller
Moller
Moran
Morrison
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu
Noor
Nornes
O'Driscoll
Olson
O'Neill
Pelowski
Persell
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Runbeck
Sandell
Sandstede
Sauke
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Tabke
Theis
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
A quorum was present.
Backer and Bennett were excused.
McDonald was excused until 6:45 p.m.
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.
REPORTS
OF CHIEF CLERK
S. F. No. 1339 and
H. F. No. 1568, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Youakim moved that
S. F. No. 1339 be substituted for H. F. No. 1568
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Melissa Hortman
Speaker of the House of
Representatives
The Honorable Jeremy R. Miller
President of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2019 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2019 |
Date Filed 2019 |
1743 5 1:37
p.m. April 1 April 1
307 6 1:56
p.m. April 1 April 1
Sincerely,
Steve
Simon
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Freiberg from the Committee on Government Operations to which was referred:
H. F. No. 132, A bill for an act relating to state government; requiring involvement in user acceptance testing from local units of governments impacted by new information technology business software; proposing coding for new law in Minnesota Statutes, chapter 16E.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [16E.031]
USER ACCEPTANCE TESTING.
Subdivision 1. Applicability. As used in this section:
(1) "primary user" means an
employee or agent of a state agency or local unit of government who uses an
information technology business software application to perform an official
function; and
(2) "local unit of
government" does not include a school district.
Subd. 2. User
acceptance testing. (a) A
state agency implementing a new information technology business software
application or new business software application functionality that
significantly impacts the operations of a primary user must provide
opportunities for user acceptance testing, unless the testing is deemed not
feasible or necessary by the relevant agency commissioner, in consultation with
the chief information officer and representatives of the primary user.
(b) The requirements in paragraph (a) do not apply to routine software upgrades or application changes that are primarily intended to comply with federal law, rules, or regulations."
Amend the title as follows:
Page 1, line 3, delete everything before "new" and insert "of"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 484, A bill for an act relating to local government; modifying expiration of metropolitan agricultural preserves; amending Minnesota Statutes 2018, section 473H.08, subdivisions 1, 4, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 836, A bill for an act relating to transportation; designating the Richard J. Ames Memorial Highway; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 161.14, is amended by adding a subdivision to read:
Subd. 88. Richard
J. Ames Memorial Highway. (a)
The following route between the city of Jordan and marked U.S. Highway 61 shall
be known as the "Richard J. Ames Memorial Highway":
Beginning at a point at the eastern
city limits of Jordan; thence extending easterly along marked Trunk
Highway 282 to its junction with marked Trunk Highway 13; thence extending
northerly along marked Trunk Highway 13 to its junction with Eagle Creek Avenue
in the city limits of Prior Lake; thence extending easterly along Eagle Creek
Avenue and 185th Street East to its junction with Kenwood Trail and Dakota
County State-Aid Highway 50; thence
extending easterly and southerly along Kenwood Trail and Dakota County
State-Aid Highway 50 to its junction with marked Trunk Highway 3 in the
city limits of Farmington; thence extending southerly along marked Trunk
Highway 3 to its junction with marked Trunk Highway 50; thence extending
easterly along marked Trunk Highway 50 to its terminus at its junction with
marked Trunk Highway 20 and marked U.S. Highway 61 near Miesville.
(b) Subject to section 161.139, the
commissioner shall adopt a suitable design to mark this highway and erect
appropriate signs on the trunk highway portions of the route, and the local
road authorities shall erect appropriate signs on the local roadway portions of
the route, with the cost of the signs to be paid by the Ames family.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to transportation; designating the Richard J. Ames Memorial Highway; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1024, A bill for an act relating to transportation; designating a portion of marked Interstate Highway 94 as Kenneth E. Sellon and Eugene B. Schlotfeldt Memorial Highway; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1127, A bill for an act relating to transportation; designating a segment of marked Trunk Highway 23 in Kandiyohi County as Ryane Clark Memorial Highway; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1584, A bill for an act relating to environment; modifying small business loan program for environmental improvement; amending Minnesota Statutes 2018, section 116.993, subdivisions 2, 6.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1586, A bill for an act relating to state lands; modifying requirements for conveying certain state land; adding to and deleting from state parks; authorizing sale of certain state land; allowing access on rustic roads for certain timber harvesting; amending Minnesota Statutes 2018, sections 84.0273; 92.115, subdivision 1; 94.09, subdivision 3; 94.10; 282.01, subdivision 4; Laws 2012, chapter 236, section 28, subdivisions 2, as amended, 9, as amended.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 84.0273, is amended to read:
84.0273
ESTABLISHING BOUNDARY LINES RELATING TO CERTAIN STATE LANDHOLDINGS.
(a) In order To resolve boundary
line issues affecting the ownership interests of the state and adjacent landowners,
the commissioner of natural resources may, in the name of the state upon terms
the commissioner deems appropriate, convey, by a boundary line agreement,
quitclaim deed, or management agreement in such form as the attorney general
approves, such rights, titles, and interests of the state in state lands for
such rights, titles, and interests in adjacent lands as are necessary for
the purpose of establishing to establish boundaries. The commissioner must publish a notice
of the proposed conveyance and a brief statement of the reason therefor
shall be published for the conveyance once in the State Register by
the commissioner between 15 and at least 30 days prior to before
the conveyance. The provisions of
This paragraph are is not intended to replace or supersede laws
relating to land exchange or disposal of surplus state property.
(b) In order To resolve trespass
issues affecting the ownership interests of the state and adjacent landowners,
the commissioner of natural resources, in the name of the state, may sell
surplus lands not needed for natural resource purposes at private sale to
adjoining property owners and leaseholders.
The conveyance must be by quitclaim in a form approved by the attorney
general for a consideration not less than the value determined according to
section 94.10, subdivision 1.
(c) Paragraph (b) applies to all state-owned lands managed by the commissioner of natural resources, except school trust land as defined in section 92.025. For acquired lands, the commissioner may sell the surplus lands as provided in paragraph (b) notwithstanding the offering to public entities, public sale, and related notice and publication requirements of sections 94.09 to 94.165. For consolidated conservation lands, the commissioner may sell the surplus lands as provided in paragraph (b) notwithstanding the classification and public sale provisions of chapters 84A and 282.
Sec. 2. Minnesota Statutes 2018, section 92.115, subdivision 1, is amended to read:
Subdivision 1. Land
valuation required. Before offering
any state land for sale under this chapter, the commissioner must establish the
value of the land. The commissioner
shall have the land appraised if the estimated market value is in excess of $50,000
$100,000.
Sec. 3. Minnesota Statutes 2018, section 94.09, subdivision 3, is amended to read:
Subd. 3. Notice
to agencies; determination of surplus. The
commissioner of natural resources shall send written notice to all state
departments, agencies and the University of Minnesota the Departments of
Administration and Transportation, the Board of Water and Soil Resources, the
Office of School Trust Lands, the legal or land departments of the University
of Minnesota and Minnesota State Colleges and Universities, the Minnesota
Indian Affairs Council, and any other state department or agency that requests
to receive notices describing any lands or tracts which that
may be declared surplus. If a department
or agency or the University of Minnesota recipient of the notice
desires custody of the lands or tracts, it shall the recipient must
submit a written request to the commissioner, no later than four
calendar weeks after mailing of the notice, setting forth in detail its
the reasons for desiring to acquire, and its the intended
use of, the land or tract. The
commissioner shall then determine whether any of the lands described in the
certifications of the heads of the departments or agencies so requested
should be declared surplus and offered for sale or otherwise disposed of by
transferring custodial control to other requesting state departments or
agencies or to the Board of Regents of the University of Minnesota for
educational purposes, provided however that transfer to the Board of Regents shall
is not be determinative of tax exemption or immunity. If the commissioner determines that any of
the lands are no longer needed for state purposes, the commissioner shall make
findings of fact, describe the lands, declare the lands to be surplus state
land, and state the reasons for the sale or disposition of the lands.
Sec. 4. Minnesota Statutes 2018, section 94.10, is amended to read:
94.10
SURVEYS, APPRAISALS, AND SALE.
Subdivision 1. Appraisal;
notice and offer to public bodies. (a)
Before offering any surplus state-owned lands for sale, the commissioner of
natural resources must establish the value of the lands. The commissioner shall have the lands
appraised if the estimated value is in excess of $50,000 $100,000. No parcel of state-owned land shall be sold
for less than $1,000.
(b) The appraisals must be made by regularly appointed and qualified state appraisers. To be qualified, an appraiser must hold a state appraiser license issued by the Department of Commerce. The appraisal must be in conformity with the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.
(c) Before offering surplus state-owned
lands for public sale, the lands shall must first be offered to
the city, county, town, school district, or other public body corporate or
politic in which the lands are situated for public purposes and the lands may
be sold for public purposes for not less than the appraised value of the lands. To determine whether a public body desires to
purchase the surplus land, the commissioner of natural resources shall give a
written notice to the governing body of each political subdivision whose
jurisdictional boundaries include or are adjacent to the surplus land. If a public body desires to purchase the
surplus land, it shall the public body must submit a written
offer to the commissioner no later than two weeks after receipt of notice
setting forth in detail its the reasons for desiring to acquire
and its the intended use of the land. In the event that If more than
one public body tenders an offer, the commissioner shall determine which party
shall receive the property and shall submit written findings regarding the
decision. If lands are offered for sale
for public purposes and if a public body notifies the commissioner of its desire
to acquire the lands, the public body may have up to two years from the date of
the accepted offer to commence payment begin paying for the lands
in the manner provided by law.
(d)
Before offering surplus state-owned lands that are located within the
reservation boundary of a federally recognized Indian tribe for public sale or
before offering the lands to an entity specified in paragraph (c), the lands
must first be offered to the federally recognized Indian tribe with governing
authority over the reservation where the lands are located. If the lands are located within the
reservation boundary of a federally recognized tribe that is one of the six
constituent tribes of the Minnesota Chippewa Tribe, then the lands must be
offered to both the Minnesota Chippewa Tribe and the constituent tribe where
the lands are located. The lands may be
sold for not less than the appraised value of the lands. To determine whether an Indian tribe desires
to purchase the lands, the commissioner of natural resources must give a
written notice to the governing body of the Indian tribe and, when applicable,
to the Minnesota Chippewa Tribe if the tribe is a member of the Minnesota
Chippewa Tribe. If the Indian tribe
desires to purchase the lands, the Indian tribe must notify the commissioner in
writing of the intent to purchase the lands no later than two weeks after
receiving the notice. If the Indian
tribe notifies the commissioner of its intent to acquire the lands, the Indian
tribe has up to two years from the date that the notice of intent to purchase
the lands was submitted to begin paying for the lands in the manner provided by
law.
Subd. 2. Public sale requirements. (a) After complying with subdivision 1
and before any public sale of surplus state-owned land is made and at least 30
days before the sale, the commissioner of natural resources shall publish a
notice of the sale in a newspaper of general distribution in the county in
which the real property to be sold is situated.
The notice shall specify the time and place at which the sale will
commence, a general description of the lots or tracts to be offered, and a
general statement of the terms of sale. The
commissioner shall also provide electronic notice of the sale.
(b) The minimum bid for a parcel of land must include the estimated value or appraised value of the land and any improvements and, if any of the land is valuable for merchantable timber, the value of the merchantable timber. The minimum bid may include expenses incurred by the commissioner in rendering the property salable, including survey, appraisal, legal, advertising, and other expenses.
(c) The purchaser of state land must pay recording fees and the state deed tax.
(d) Except as provided under paragraph (e), parcels
remaining unsold after the offering may be sold to anyone agreeing to pay at
least 75 percent of the appraised value.
The sale shall must continue until all parcels are sold or
until the commissioner orders a reappraisal or withdraws the remaining parcels
from sale.
(e) The commissioner may retain the services of a licensed real estate broker to find a buyer for parcels remaining unsold after the offering. The sale price may be negotiated by the broker, but must not be less than 90 percent of the appraised value as determined by the commissioner. The broker's fee must be established by prior agreement between the commissioner and the broker and must not exceed ten percent of the sale price for sales of $10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.
(f) Public sales of surplus state-owned land may be conducted through online auctions.
Sec. 5. Minnesota Statutes 2018, section 282.01, subdivision 4, is amended to read:
Subd. 4. Sale; method; requirements; effects. (a) The sale authorized under subdivision
3 must be conducted by the county auditor at the county seat of the county in
which the parcels lie, except that in St. Louis and Koochiching Counties,
the sale may be conducted in any county designated facility within
the county. The sale must not be for
less than the appraised value except as provided in subdivision 7a. The parcels must be sold for cash only,
unless the county board of the county has adopted a resolution providing for
their sale on terms, in which event the resolution controls with respect to the
sale. When the sale is made on terms
other than for cash only (1) a payment of at least ten percent of the purchase
price must be made at the time of purchase, and the balance must be paid in no
more than ten equal annual installments, or (2) the payments must be made in
accordance with county board policy, but in no event may the board require more
than 12 installments annually, and the contract term must
not be for more than ten years. Standing timber or timber products must not be removed from these lands until an amount equal to the appraised value of all standing timber or timber products on the lands at the time of purchase has been paid by the purchaser. If a parcel of land bearing standing timber or timber products is sold at public auction for more than the appraised value, the amount bid in excess of the appraised value must be allocated between the land and the timber in proportion to their respective appraised values. In that case, standing timber or timber products must not be removed from the land until the amount of the excess bid allocated to timber or timber products has been paid in addition to the appraised value of the land. The purchaser is entitled to immediate possession, subject to the provisions of any existing valid lease made in behalf of the state.
(b) For sales occurring on or after July 1, 1982, the unpaid balance of the purchase price is subject to interest at the rate determined pursuant to section 549.09. The unpaid balance of the purchase price for sales occurring after December 31, 1990, is subject to interest at the rate determined in section 279.03, subdivision 1a. The interest rate is subject to change each year on the unpaid balance in the manner provided for rate changes in section 549.09 or 279.03, subdivision 1a, whichever, is applicable. Interest on the unpaid contract balance on sales occurring before July 1, 1982, is payable at the rate applicable to the sale at the time that the sale occurred.
(c) Notwithstanding subdivision 7, a county board may by resolution provide for the listing and sale of individual parcels by other means, including through a real estate broker. However, if the buyer under this paragraph could have repurchased a parcel of property under section 282.012 or 282.241, that buyer may not purchase that same parcel of property at the sale under this subdivision for a purchase price less than the sum of all taxes, assessments, penalties, interest, and costs due at the time of forfeiture computed under section 282.251, and any special assessments for improvements certified as of the date of sale. This subdivision shall be liberally construed to encourage the sale and utilization of tax-forfeited land in order to eliminate nuisances and dangerous conditions and to increase compliance with land use ordinances.
Sec. 6. Laws 2012, chapter 236, section 28, subdivision 2, as amended by Laws 2016, chapter 154, section 9, is amended to read:
Subd. 2. Method of sale. (a) The leaseholder of a leased parcel may purchase at private sale the leased parcel and any other lands allocated to the parcel by the county under subdivision 6 that is offered for sale under this section. The purchase price is the appraised value of the land under subdivision 3 exclusive of improvements on it. To purchase a parcel, a leaseholder must pay in cash to the county an amount equal to the appraised value of the land within 180 days from the date of mailing to or service of notice of appraised value to the leaseholder by the county. The 180-day period runs from the date of mailing of a copy of the appraisal to the leaseholder at the address shown upon the most recent lease agreement between the parties, exclusive of the date of mailing or service. The county may use any alternative method of notice under the Minnesota Rules of Civil Procedure for the service of a summons and complaint.
(b) If the leaseholder does not purchase the parcel so offered, the county may offer the lands for sale under the provisions of Minnesota Statutes, section 282.01, subdivision 7. If a person other than the leaseholder purchases the parcel, the purchaser must make payment in full to the leaseholder in the manner provided in Minnesota Statutes, section 92.06, subdivision 4, for the value of any improvements as determined under subdivision 3 or for the value of any improvements as determined through negotiations.
(c) Failure of a purchaser to comply with the terms of payment voids the sale and the property may be reoffered for sale.
Sec. 7. Laws 2012, chapter 236, section 28, subdivision 9, as amended by Laws 2016, chapter 154, section 11, is amended to read:
Subd. 9. Sunset. This section expires seven ten
years after the effective date.
Sec. 8. ADDITION
TO STATE PARK.
[85.012]
[Subd. 23a.] Glendalough State Park, Otter Tail County.
The following areas are added to
Glendalough State Park, Otter Tail County:
(1) Government Lot 2, Section 12,
Township 133 North, Range 40 West, Otter Tail County, Minnesota, subject to an
existing conservation easement; and
(2) the West Half of the Southeast
Quarter and Government Lots 2 and 3, Section 11, Township 133 North, Range 40
West, Otter Tail County, Minnesota, except that part of said Government Lot 2
platted as Walvatne Addition. Subject to
an existing conservation easement.
Sec. 9. DELETION
FROM STATE PARK.
[85.012]
[Subd. 49.] St. Croix State Park, Pine County. The following area is deleted from St. Croix
State Park, Pine County: that part of
the North Half of the Northwest Quarter of Section 29 and that part of the
Northeast Quarter of the Northeast Quarter of Section 30, Township 41 North,
Range 17 West, Pine County, Minnesota, lying north of County Road 48.
Sec. 10. PRIVATE
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; CARLTON COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 92.45, 94.09, and 94.10, the commissioner of natural resources may
sell by private sale the surplus land bordering public water that is described
in paragraph (c).
(b) The commissioner may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The land that may be sold is
located in Carlton County and is described as:
Government Lot 6, Section 1, Township 48 North, Range 19 West.
(d) The land borders Perch Lake and is
not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would
be best served if the land were sold to a federally recognized Indian tribe for
land consolidation purposes.
Sec. 11. PUBLIC
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; CASS COUNTY.
(a) Notwithstanding Minnesota Statutes,
section 92.45, the commissioner of natural resources may sell by public sale
the surplus land bordering public water that is described in paragraph (c).
(b) The commissioner may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The land that may be sold is
located in Cass County and is described as:
Lot 7, Block 1, Dell's Sleepy Hollow, located in Section 22, Township
140 North, Range 29 West.
(d)
The land borders Woman Lake and is not contiguous to other state lands. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that
the state's land management interests would best be served if the land was
returned to private ownership.
Sec. 12. PRIVATE
SALE OF SURPLUS LAND BORDERING PUBLIC WATER; HUBBARD COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 92.45, 94.09, and 94.10, the commissioner of natural resources may
sell by private sale the surplus lands bordering public water that is described
in paragraph (c) to Hubbard County for no consideration.
(b) The commissioner may make necessary
changes to the legal descriptions to correct errors and ensure accuracy.
(c) The lands that may be conveyed are
located in Hubbard County and are described as:
(1) the East 285.00 feet of the West
660.00 feet of Government Lot 4 of Section 27, Township 141 North, Range 34
West. Including all riparian rights to
the contained 2.3 acres, more or less; and
(2) that part of Government Lot 2 of
Section 34, Township 141 North, Range 34 West, described as follows:
Commencing at the northwest corner of said
Government Lot 2; thence South 89 degrees 27 minutes 15 seconds East, bearing
assumed, along the north line of said Section 34 a distance of 375.18 feet to
the point of beginning; thence continuing South 89 degrees 27 minutes 15
seconds East along said north line a distance of 285.13 feet; thence South 02
degrees 01 minutes 46 seconds East along a line parallel with and 660.00 feet
from the west line of said Government Lot 2 a distance of 77.98 feet; thence
North 88 degrees 14 minutes 48 seconds East a distance of 65.77 feet along a
line which if continued 550.00 feet would intersect an angle iron previously
used as the northeast corner of said Government Lot 2; thence South 01 degrees
45 minutes 12 seconds East along a line parallel with and 550.00 feet west of a
previously established survey line a distance of 650.18 feet to the boundary
line as established by that certain agreement between Richard Dusbabek and Jean
Dusbabek, husband and wife, and Donald S. Olson and Betty Jane Olson, husband
and wife, and filed for record on May 10, 1982, in the office of the county
recorder in Book 146 of Deeds, page 806; thence South 88 degrees 12 minutes
12 seconds West along said boundary line a distance of 179.39 feet; thence
North 12 degrees 07 minutes 46 seconds West a distance of 663.07 feet;
thence North 32 degrees 35 minutes 05 seconds West a distance of 101.91 feet to
the point of beginning; containing 4.1 acres.
(d) The lands border Big Sand Lake. The Department of Natural Resources has
determined that the lands are not needed for natural resource purposes and that
the state's land management interests would best be served if the lands were
conveyed to Hubbard County.
Sec. 13. PRIVATE
SALE OF TAX-FORFEITED LAND; ITASCA COUNTY.
(a) Notwithstanding the public sale
provisions of Minnesota Statutes, chapter 282, or other law to the contrary,
Itasca County may sell by private sale the tax-forfeited land described in
paragraph (c).
(b) The conveyance must be in a form
approved by the attorney general. The
attorney general may make changes to the land description to correct errors and
ensure accuracy.
(c)
The land to be sold is located in Itasca County and is described as: the East 660 feet of the West 990 feet of the
South 660 feet of the Southwest Quarter of the Southeast Quarter, Section 7,
Township 55 North, Range 24 West.
(d)
The county has determined that the county's land management interests would
best be served if the lands were used for a new broadcast tower, transmitter,
and transmission building.
Sec. 14. PUBLIC
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; KANABEC COUNTY.
(a) Notwithstanding Minnesota Statutes,
section 92.45, the commissioner of natural resources may sell by public sale
the surplus land bordering public water that is described in paragraph (c).
(b) The commissioner may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The land that may be sold is
located in Kanabec County and is described as:
that part of the West 200 feet of the Northwest Quarter of Section 13,
Township 42 North, Range 23 West, Kanabec County, Minnesota, lying northerly of
the centerline of the Snake River.
(d) The land borders the Snake River
and is not contiguous to other state lands.
The Department of Natural Resources has determined that the land is not
needed for natural resource purposes and that the state's land management
interests would best be served if the land was returned to private ownership.
Sec. 15. PUBLIC
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a) Notwithstanding Minnesota Statutes,
section 92.45, the commissioner of natural resources may sell by public sale
the surplus land bordering public water that is described in paragraph (c).
(b) The commissioner may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The land that may be sold is
located in Otter Tail County and is described as:
Lots 25, 26, and 27 in Block 2 of Jackson
and Mckee's Addition, according to the plat thereof, on file and of record in the Office of the Recorder, Otter Tail
County, Minnesota, less and except that part of said Lot 27 in Block 2 of Jackson and Mckee's Addition, Otter Tail
County, Minnesota, South of the line between Government Lots 2 and 3,
Section 14, Township 136, Range 38.
(d) The land borders Big Pine Lake and
is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would
best be served if the land was returned to private ownership.
Sec. 16. LEASE;
TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a) Notwithstanding Minnesota Statutes,
section 282.04, or other law to the contrary, St. Louis County may enter
into a lease for the tax-forfeited lands described in paragraph (b) for
consideration of more than $12,000 per year.
(b) The lands to be leased are located
in St. Louis County and are described as:
(1) a 10.0-acre site in the Southeast
Quarter, Section 15, Township 56 North, Range 17 West, to be used for a
telecommunications tower and a 33-foot-wide strip of land, 16.5 feet on either
side of the centerline in the Southeast Quarter, Section 15, and in the
Southwest Quarter, Section 14, Township 56 North, Range 17 West, to be used for
an access road to the tower site; and
(2)
a 10.0-acre site in the West Half, Section 32, Township 60 North, Range 21
West, to be used for a telecommunications tower and a 33-foot-wide strip of
land, 16.5 feet on either side of the centerline in the West Half, Section 32,
Township 60 North, Range 21 West, to be used for an access road to the tower
site.
Sec. 17. ACCESS
TO TIMBER ON TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a) Notwithstanding Minnesota Statutes,
section 160.83, or other law to the contrary, St. Louis County or its
agents or assigns may operate vehicles used for timber harvesting and hauling
or for transporting equipment and appurtenances incidental to timber
harvesting, gravel, and other road-building materials for timber haul roads on
designated rustic roads to access tax-forfeited lands for sustainable forest
management.
(b)
The tax-forfeited lands to be accessed are located in St. Louis County in
Sections 26, 27, and 35, Township 53 North, Range 12 West.
(c) The rustic roads used for forest
management must be immediately repaired if damaged and must be maintained in
their preharvest condition.
(d) The county has determined that the
county's sustainable forest management responsibilities would best be served by
using existing public roads to access tax-forfeited land rather than building
new roads.
Sec. 18. PRIVATE
SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a) Notwithstanding the public sale
provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis
County may sell by private sale the tax-forfeited lands described in paragraph
(c).
(b) The conveyances must be in a form
approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors
and ensure accuracy.
(c) The lands to be sold are located in
St. Louis County and are described as:
(1) that part of the Southwest Quarter
of the Southwest Quarter lying North of Norton Road and West of Howard Gnesen
Road, except the easterly 95 feet of the westerly 890 feet and except the
westerly 300 feet, Section 3, Township 50, Range 14 (parcel identification
number 010-2710-00549);
(2) Lot 5, except the northerly three
feet and except the southerly ten feet, West Duluth Fifth Division, Section 7,
Township 49, Range 14 (parcel identification number 010-4510-06740);
(3) the Southeast Quarter of the
Northeast Quarter, except 4.24 acres for the highway and except the part
platted as Clayton Acres and except the highway right-of-way and except 6.44
acres of the adjacent plat and except the part North of Highway 169, Section
28, Township 57, Range 21 (parcel identification number 141-0050-05470);
(4) that part of the West 420 feet of
the Southeast Quarter of the Northwest Quarter lying South of the northerly
line of Government Lot 6, except that part beginning at the southwest corner;
thence easterly along the southerly boundary 420 feet to a point; thence
northerly and parallel with the westerly boundary of said Southeast Quarter of
the Northwest Quarter 177.95 feet to a point; thence North 67 degrees 38
minutes 35 seconds West to a point on the westerly boundary of said Southeast
Quarter of the Northwest Quarter; thence southerly along said westerly boundary
approximately 364.12 feet to the point of beginning, Section 26, Township 57,
Range 18 (parcel identification number 295-0017-00326);
(5) the South Half of the Northwest
Quarter, Section 15, Township 56, Range 18 (parcel identification number
435-0010-02590);
(6)
part of the East 400 feet of the Southeast Quarter, Section 14, Township 63,
Range 12 (part of parcel identification number 465-0020-01965);
(7) part of the Northeast Quarter of
the Southwest Quarter, Lots 2 and 3, Section 20, Township 54, Range 13 (part of
parcel identification number 620-0010-03130); and
(8) Lots 2, 3, 4, and 5, inclusive,
auditor's plat of Chandler Addition to Ely, Section 28, Township 63, Range 12
(parcel identification number 030-0030-03530).
(d) The county has determined that the
county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 19. CONVEYANCE
OF STATE LAND; STEARNS COUNTY.
(a) Notwithstanding Minnesota Statutes,
section 222.63, or any other law to the contrary, the commissioner of
transportation may convey and quitclaim to a private party all right, title,
and interest of the state of Minnesota in the land described in paragraph (e).
(b) The conveyance may take place only
upon conditions determined by the commissioner of transportation and is not
subject to restrictions on disposition, sale, lease, or otherwise contained in
Minnesota Statutes, section 222.63.
(c) The consideration for a conveyance
made under this section must be the fair market value of the land conveyed. Proceeds from the sale of real estate or
buildings under this section must be deposited in the rail bank maintenance
account established in Minnesota Statutes, section 222.63, subdivision 8.
(d) The conveyance may reduce the width
of the rail bank corridor to less than 100 feet, provided the conveyance does
not reduce the width of the rail bank corridor to less than ten feet.
(e) The land to be conveyed is located
in Stearns County and is described as:
That part of Tract A described below:
Tract A.
Outlot "A," Railroad Ridge, according to the plat thereof on
file and of record in the Office of the County Recorder in and for Stearns
County, Minnesota; which lies northerly of a line run parallel with and distant
33 feet southerly of the northerly line of said Outlot "A" and
westerly of the southerly extension of westerly right-of-way line of 5th Street
as shown on said Railroad Ridge; together with that part of Tract A, herein
before described, adjoining and southerly of the above described strip which
lies northerly of a line run parallel with and distant 40 feet southerly of the
northerly line of said Outlot "A" and westerly of the following
described line: beginning at a point on
the southerly line of said Outlot "A," distant 436.36 feet easterly
of the southwest corner thereof; thence northerly at right angles from said
southerly line for 50 feet and there terminating; containing 29,925 square
feet, more or less.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. PUBLIC
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; WABASHA COUNTY.
(a) Notwithstanding Minnesota Statutes,
section 92.45, the commissioner of natural resources may sell by public sale
the surplus land bordering public water that is described in paragraph (c).
(b)
The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
(c) The land that may be sold is located in Wabasha
County and is described as: Lot 4,
Section 8, Township 109, Range 12, lying and being in the county of Wabasha,
State of Minnesota.
(d) The land borders the Zumbro River and is not
contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would
best be served if the land was returned to private ownership.
Sec. 21. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; YELLOW MEDICINE COUNTY.
(a) Notwithstanding Minnesota Statutes, sections 92.45,
94.09, and 94.10, the commissioner of natural resources may sell by private
sale the surplus land bordering public water that is described in paragraph (c)
to the United States for no consideration.
(b) The commissioner may make necessary changes to the
legal description to correct errors and ensure accuracy.
(c) The land that may be sold is located in Yellow
Medicine County and is described as: the
South 33.00 feet of the Northwest Quarter of the Northwest Quarter and that
part of Government Lot 1, Section 22, Township 114 North, Range 41 West, Yellow
Medicine County, Minnesota, described as follows:
Beginning at the southwest corner of said Government Lot 1;
thence on an assumed bearing of North 01 degrees 09 minutes 07 seconds West
along the west line of said Government Lot 1 a distance of 33.00 feet; thence
North 89 degrees 42 minutes 02 seconds East parallel with the south line of
said Government Lot 1 a distance of 150.00 feet; thence North 00 degrees 17
minutes 58 seconds West 267.00 feet; thence North 89 degrees 42 minutes 02
seconds East 754 feet more or less, to the water's edge of Spellman Lake;
thence southwesterly along said water's edge 760 feet, more or less, to the
south line of said Government Lot 1; thence South 89 degrees 42 minutes 02
seconds West along the south line of said Government Lot 1 a distance of 288
feet, more or less, to the point of beginning; including all riparian rights to
the contained 4.1 acres, more or less.
(d) The land borders Spellman Lake and is not contiguous to other state lands but is adjacent to a waterfowl production area. The Department of Natural Resources has determined that the land would best be managed by the United States Fish and Wildlife Services as part of a waterfowl production area."
With the recommendation that when so amended the bill be placed on the General Register.
The report was
adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1623, A bill for an act relating to transportation; making miscellaneous policy changes, including but not limited to provisions governing bicycles, school bus warning lights, driver's license suspension, airport zoning, legislative route removals, and memorial highways and bridges; amending Minnesota Statutes 2018, sections 3.972, subdivision 4; 13.461, by adding a subdivision; 13.72, subdivision 10; 160.02, subdivision 1a; 161.115, subdivision 111; 161.14, by adding subdivisions; 161.32, subdivision 2; 168A.29, subdivision 1; 169.011, subdivisions 5, 9; 169.18, subdivisions 3, 7; 169.20, by adding a subdivision; 169.222, subdivisions 1, 4; 169.442, subdivision 5, by
adding a subdivision; 169.448, subdivision 1; 169.4503, subdivisions 5, 13, by adding a subdivision; 169.55, subdivision 1; 169.57, subdivision 3; 169.64, subdivisions 3, 8, by adding a subdivision; 169.81, by adding a subdivision; 169.8261, subdivision 2; 169.829, subdivision 4; 169.92, subdivision 4; 171.041; 171.06, subdivision 2; 171.16, subdivisions 2, 3; 171.18, subdivision 1; 174.12, subdivision 8; 299A.705; 360.013, by adding a subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.024; 360.062; 360.063, subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, subdivision 9, by adding a subdivision; 473.13, by adding a subdivision; 473.386, by adding a subdivision; 574.26, subdivision 1a; Laws 2014, chapter 312, article 11, section 38, subdivisions 5, 6; proposing coding for new law in Minnesota Statutes, chapters 299A; 360; repealing Minnesota Statutes 2018, sections 168.013, subdivision 21; 360.063, subdivision 4; 360.065, subdivision 2; 360.066, subdivisions 1a, 1b.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 161.115, subdivision 111, is amended to read:
Subd. 111. Route No. 180. Beginning at a point on Route No. 392
southwest or west of Ashby 3 at or near Erdahl, thence extending in
a general northerly or northeasterly direction to a point on Route No. 153
as herein established at or near Ashby, thence extending in a northeasterly
direction to a point on Route No. 181 as herein established at or near
Ottertail.
Sec. 2. Minnesota Statutes 2018, section 161.14, is amended by adding a subdivision to read:
Subd. 88. Trooper
Ray Krueger Memorial Highway. That
segment of marked Trunk Highway 210 within Cass County is designated as
"Trooper Ray Krueger Memorial Highway." Subject to section 161.139, the commissioner
shall adopt a suitable design to mark this highway and erect appropriate signs
in the vicinity of the location where Trooper Krueger died.
Sec. 3. Minnesota Statutes 2018, section 161.14, is amended by adding a subdivision to read:
Subd. 89. Warrant
Officer Dennis A. Groth Memorial Bridge.
The bridge on marked U.S. Highway 52 over Dakota County State-Aid
Highway 42, known as 145th Street within the city of Rosemount, is designated
as "Warrant Officer Dennis A. Groth Memorial Bridge." Subject to section 161.139, the commissioner
shall adopt a suitable design to mark the bridge and erect appropriate signs.
Sec. 4. Minnesota Statutes 2018, section 161.14, is amended by adding a subdivision to read:
Subd. 90. Specialist
Noah Pierce Bridge. The
bridge on marked U.S. Highway 53 over marked Trunk Highway 37 in the city of
Eveleth is designated as "Specialist Noah Pierce Bridge." Subject to section 161.139, the commissioner
shall adopt a suitable design to mark this bridge and erect appropriate signs.
Sec. 5. Minnesota Statutes 2018, section 161.32, subdivision 2, is amended to read:
Subd. 2. Direct
negotiation. In cases where the
estimated cost of construction work or maintenance work does not exceed $150,000
$250,000, the commissioner may enter into a contract for the work by
direct negotiation, by obtaining two or more quotations for the work, and
without advertising for bids or otherwise complying with the
requirements
of competitive bidding if the total contractual obligation of the state for the
directly negotiated contract or contracts on any single project does not exceed
$150,000 $250,000. All
quotations obtained shall be kept on file for a period of at least one year
after receipt of the quotation.
Sec. 6. Minnesota Statutes 2018, section 169.18, subdivision 7, is amended to read:
Subd. 7. Laned
highway. When any roadway has been
divided into two or more clearly marked lanes for traffic, the following rules,
in addition to all others consistent herewith with this subdivision,
shall apply:
(a) (1) a vehicle shall be
driven as nearly as practicable entirely within a single lane and shall must
not be moved from such the lane until the driver has first
ascertained that such the movement can be made with safety.;
(b) (2) upon a roadway which
is not a one-way roadway and which is divided into three lanes, a vehicle shall
must not be driven in the center lane except when overtaking and passing
another vehicle where the roadway is clearly visible and such the
center lane is clear of traffic within a safe distance, or in preparation for a
left turn or where such the center lane is at the time allocated
exclusively to traffic moving in the direction the vehicle is proceeding, and
is signposted to give notice of such the allocation. The left lane of a three-lane roadway which
is not a one-way roadway shall must not be used for overtaking
and passing another vehicle.;
(c) (3) official signs may
be erected directing slow-moving traffic to use a designated lane or allocating
specified lanes to traffic moving in the same direction, and drivers of
vehicles shall must obey the directions of every such sign.;
(d) (4) whenever a bicycle
lane has been established on a roadway, any person operating a motor vehicle on
such the roadway shall must not drive in the
bicycle lane except to perform parking maneuvers in order to park where parking
is permitted, to enter or leave the highway, to prepare for a turn as provided
in section 169.19, subdivision 1, or to stop a school bus for the purpose of receiving
or discharging any person provided the school bus is equipped and identified as
provided in sections 169.441 and 169.442, subdivision 1, and the flashing red
signals are activated and stop-signal arm is extended.; and
(5) notwithstanding clause (1), the
operator of a vehicle or combination of vehicles with a total length exceeding
40 feet or a total width exceeding ten feet may, with due regard for all other
traffic, deviate from the lane in which the operator is driving to the extent
necessary to approach and drive through a roundabout.
Sec. 7. Minnesota Statutes 2018, section 169.20, is amended by adding a subdivision to read:
Subd. 8. Roundabouts. If two vehicles or combinations of
vehicles each having a total length exceeding 40 feet or a total width
exceeding ten feet approach or drive through a roundabout at approximately the
same time or so closely as to constitute a hazard of collision, the operator of
the vehicle or combination of vehicles on the right must yield the right-of-way
to the vehicle or combination of vehicles on the left and, if necessary, must
reduce speed or stop in order to so yield.
Sec. 8. Minnesota Statutes 2018, section 169.442, subdivision 5, is amended to read:
Subd. 5. White
strobe lamps on certain buses transporting children. Notwithstanding section 169.55,
subdivision 1, or 169.57, subdivision 3, paragraph (b), or other law to the
contrary, A school bus that is subject to and complies with the
equipment requirements of subdivision 1 and section 169.441, subdivision 1,
or a Head Start bus, may be equipped with a flashing strobe lamp under
section 169.64, subdivision 8.
Sec. 9. Minnesota Statutes 2018, section 169.442, is amended by adding a subdivision to read:
Subd. 6. Supplemental
warning system. In addition
to the signals required under subdivision 1, a type A, B, C, or D school bus
may be equipped with a supplemental warning system under section 169.4503,
subdivision 31.
Sec. 10. Minnesota Statutes 2018, section 169.448, subdivision 1, is amended to read:
Subdivision 1. Restrictions
on appearance; misdemeanor. (a) A
bus that is not used as a school bus may must not be operated on
a street or highway unless it is painted a color significantly different than
national school bus glossy yellow.
(b) A bus that is not used as a school bus or Head Start bus may not be operated if it is equipped with school bus or Head Start bus-related equipment and printing.
(c) A violation of this subdivision is a misdemeanor.
(d) This subdivision does not apply to a school bus owned by or under contract to a school district operated as a charter or leased bus.
(e) This subdivision does not apply to a school bus operated by a licensed child care provider if:
(1) the stop stop-signal arm
is removed;
(2) the eight-light system is lighting
systems for prewarning flashing amber signals, flashing red signals, and
supplemental warnings under section 169.4503, subdivision 31, are
deactivated;
(3) the school bus is identified as a "child care bus" in letters at least eight inches high on the front and rear top of the bus;
(4) the name, address, and telephone number of the owner or operator of the bus is identified on each front door of the bus in letters not less than three inches high; and
(5)
the conditions under section 171.02, subdivision 2a, paragraphs (a) through
to (j), and (l), and (n), have been met.
Sec. 11. Minnesota Statutes 2018, section 169.4503, subdivision 5, is amended to read:
Subd. 5. Colors. Fenderettes may be black. The beltline may be painted yellow over black
or black over yellow. The rub rails shall
must be black or yellow. The
area around the lenses of alternately flashing signal lamps extending outward
from the edge of the lamp three inches, plus or minus one-quarter inch, to the
sides and top and at least one inch to the bottom, shall must be
black. Visors or hoods, black in color,
with a minimum of four inches may be provided.
Sec. 12. Minnesota Statutes 2018, section 169.4503, subdivision 13, is amended to read:
Subd. 13. Identification. (a) Each bus shall must, in
the beltline, identify the school district serviced, or company name, or owner
of the bus. Numbers necessary for
identification must appear on the sides and rear of the bus. Symbols or letters may be used on the outside
of the bus near the entrance door for student identification. A manufacturer's nameplate or logo may be
placed on the bus.
(b)
Effective December 31, 1994, All type A, B, C, and D buses sold must
display lettering "Unlawful to pass when red lights are flashing" on
the rear of the bus. The lettering shall
must be in two-inch black letters on school bus yellow background. This message shall must be
displayed directly below the upper window of the rear door. On rear engine buses, it shall must
be centered at approximately the same location.
Only signs and lettering approved or required by state law may are
permitted to be displayed.
(c) The requirements of paragraph (b) do not apply to a
type A, B, C, or D school bus that is equipped with a changeable electronic
message sign on the rear of the bus that:
(1) displays one or more of the messages: "Caution / stopping,"
"Unlawful to pass," "Stop / do not pass," or similar
messages approved by the commissioner;
(2) displays messages in conjunction with bus operation
and activation of prewarning flashing amber signals, flashing red signals, or
stop-signal arm, as appropriate; and
(3) is a supplemental warning system under section
169.4503, subdivision 31.
Sec. 13. Minnesota Statutes 2018, section 169.4503, is amended by adding a subdivision to read:
Subd. 31.
Supplemental warning system;
temporary authority. (a)
Prior to August 1, 2022, the commissioner may approve a type A, B, C, or D
school bus to be equipped with a supplemental warning system. On and after that date, a school bus may
continue to be equipped with a previously approved supplemental warning system.
(b) To determine approval of a supplemental warning
system, the commissioner must consider:
(1) signal colors, which are limited to one or more of
the colors white, amber, and red;
(2) flashing patterns;
(3) vehicle mounting and placement;
(4) supplemental warning system activation in
conjunction with activation of prewarning flashing amber signals, stop-signal
arm, and flashing red signals;
(5) light intensity; and
(6) permissible text, signage, and graphics, if any.
(c) The commissioner must review relevant research
findings and experience in other jurisdictions, and must consult with interested
stakeholders, including but not limited to representatives from school district
pupil transportation directors, private school bus operators, and pupil
transportation and traffic safety associations.
Sec. 14. Minnesota Statutes 2018, section 169.55, subdivision 1, is amended to read:
Subdivision 1. Lights or reflectors required. At the times when lighted lamps on
vehicles are required each vehicle including an animal-drawn vehicle and any
vehicle specifically excepted in sections 169.47 to 169.79, with respect to
equipment and not hereinbefore specifically previously required
to be equipped with lamps, shall must be equipped with one or
more lighted lamps or lanterns projecting a white light visible from a distance
of 500 feet to the front of the vehicle and with a lamp or lantern exhibiting a
red light visible from a distance of 500 feet to the rear, except that reflectors
meeting the maximum requirements of this chapter may be used in lieu of the
lights
required
in this subdivision. It shall be
unlawful except as otherwise provided in this subdivision, to project a white
light to the rear of any such vehicle while traveling on any street or highway,
unless such vehicle is moving in reverse.
A lighting device mounted on top of a vehicle engaged in deliveries to
residences may project a white light to the rear if the sign projects one or
more additional colors to the rear. An
authorized emergency vehicle may display an oscillating, alternating, or
rotating white light used in connection with an oscillating, alternating, or
rotating red light when responding to emergency calls.
Sec. 15. Minnesota Statutes 2018, section 169.57, subdivision 3, is amended to read:
Subd. 3. Maintenance. (a) When a vehicle is equipped with stop
lamps or signal lamps, such the lamps shall must at
all times be maintained in good working condition.
(b) No stop lamps or signal lamp shall
project a glaring or dazzling light.
(c) All mechanical signal devices shall
must be self-illumined when in use at the times when lighted lamps on
vehicles are required.
Sec. 16. Minnesota Statutes 2018, section 169.64, subdivision 3, is amended to read:
Subd. 3. Flashing
lights; glaring lights. (a)
Flashing lights are prohibited, except:
(1) on an authorized emergency
vehicle, school bus, bicycle as provided in section 169.222, subdivision 6,
road maintenance equipment, tow truck or towing vehicle as provided in
section 168B.16, service vehicle, farm tractor, self-propelled farm
equipment, rural mail carrier vehicle, or funeral home vehicle, or;
(2) on any vehicle as a means of
indicating a right or left turn, or the presence of a vehicular traffic hazard
requiring unusual care in approaching, overtaking, or passing.; or
(3) as otherwise provided in this section.
(b) All flashing warning lights shall
must be of the type authorized by section 169.59, subdivision 4, unless
otherwise permitted or required in this chapter.
(c) A stop lamp or signal lamp is
prohibited from projecting a glaring or dazzling light, except for:
(1) strobe lamps as provided under subdivision
8 or section 169.59, subdivision 4; or
(2) a school bus equipped with a
supplemental warning system under section 169.4503, subdivision 31.
Sec. 17. Minnesota Statutes 2018, section 169.64, is amended by adding a subdivision to read:
Subd. 4a. White
light. (a) It is unlawful to
project a white light at the rear of a vehicle while traveling on any street or
highway, except:
(1) for a vehicle moving in reverse;
(2) for a school bus equipped with a
supplemental warning system under section 169.4503, subdivision 31;
(3) for a strobe lamp as provided under
subdivision 8;
(4) as required for license plate
illumination under section 169.50, subdivision 2;
(5)
as provided in section 169.59, subdivision 4; and
(6) as otherwise provided in this subdivision.
(b) A lighting device mounted on top of
a vehicle engaged in deliveries to residences may project a white light to the
rear if the sign projects one or more additional colors to the rear.
(c) An authorized emergency vehicle may
display an oscillating, alternating, or rotating white light used in connection
with an oscillating, alternating, or rotating red light when responding to
emergency calls.
Sec. 18. Minnesota Statutes 2018, section 169.64, subdivision 8, is amended to read:
Subd. 8. Strobe
lamp. (a) Notwithstanding sections
169.55, subdivision 1; 169.57, subdivision 3, paragraph (b); or any other
law to the contrary, a vehicle may be equipped with a 360-degree flashing
strobe lamp that emits a white light with a flash rate of 60 to 120 flashes a
minute, and the lamp may be used as provided in this subdivision, if the
vehicle is:
(1) a
school bus that is subject to and complies with the equipment requirements of sections
169.441, subdivision 1, and section 169.442,
subdivision 1, or a Head Start bus. The
lamp must operate from a separate switch containing an indicator lamp to show
when the strobe lamp is in use; or
(2) a road maintenance vehicle owned or under contract to the Department of Transportation or a road authority of a county, home rule or statutory city, or town, but the strobe lamp may only be operated while the vehicle is actually engaged in snow removal during daylight hours.
(b) Notwithstanding sections 169.55,
subdivision 1; 169.57, subdivision 3, paragraph (b); or any other law to
the contrary, a vehicle may be equipped with a 360-degree flashing strobe lamp
that emits an amber light with a flash rate of 60 to 120 flashes a minute, and
the lamp may be used as provided in this subdivision, if the vehicle is a rural
mail carrier vehicle, provided that the strobe lamp is mounted at the highest
practicable point on the vehicle. The
strobe lamp may only be operated while the vehicle is actually engaged during
daylight hours in the delivery of mail to residents on a rural mail route.
(c) A strobe lamp authorized by this section
shall subdivision must be of a double flash type certified to the
commissioner of public safety by the manufacturer as being weatherproof and
having a minimum an effective light output of 200 candelas as
measured by the Blondel-Rey formula that meets or exceeds the most
recent version of SAE International standard J845, Class 2, or a subsequent
standard.
Sec. 19. Minnesota Statutes 2018, section 169.81, is amended by adding a subdivision to read:
Subd. 11. Automobile
transporter. (a) For purposes
of this subdivision, the following terms have the meanings given them:
(1) "automobile transporter"
means any vehicle combination designed and used to transport assembled highway
vehicles, including truck camper units;
(2) "stinger-steered combination
automobile transporter" means a truck tractor semitrailer having the fifth
wheel located on a drop frame located behind and below the rear-most axle of
the power unit; and
(3) "backhaul" means the
return trip of a vehicle transporting cargo or general freight, including when
carrying goods back over all or part of the same route.
(b)
Stinger-steered combination automobile transporters having a length of 80 feet
or less may be operated on interstate highways and other highways designated in
this section, and in addition may carry a load that extends the length by four
feet or less in the front of the vehicle and six feet or less in the rear of
the vehicle.
(c) An automobile transporter may
transport cargo or general freight on a backhaul, provided it complies with
weight limitations for a truck tractor and semitrailer combination under
section 169.824.
Sec. 20. Minnesota Statutes 2018, section 169.8261, subdivision 2, is amended to read:
Subd. 2. Conditions. (a) A vehicle or combination of vehicles described in subdivision 1 must:
(1) comply with seasonal load restrictions in effect between the dates set by the commissioner under section 169.87, subdivision 2;
(2) comply with bridge load limits posted under section 169.84;
(3) be equipped and operated with six or more axles and brakes on all wheels;
(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle weight during the time when seasonal increases are authorized under section 169.826;
(5) not be operated on interstate highways;
(6) obtain an annual permit from the commissioner of transportation;
(7) obey all road postings; and
(8) not exceed 20,000 pounds gross weight on any single axle.
(b) A vehicle operated under this section may exceed the legal axle weight limits listed in section 169.824 by not more than 12.5 percent; except that, the weight limits may be exceeded by not more than 23.75 percent during the time when seasonal increases are authorized under section 169.826, subdivision 1.
(c) Notwithstanding paragraph (a), clause
(5), a vehicle or combination of vehicles hauling raw or unfinished forest
products may operate on the segment of marked Interstate Highway 35 provided under
United States Code, title 23, section 127(q)(2)(D).
Sec. 21. Minnesota Statutes 2018, section 169.829, subdivision 4, is amended to read:
Subd. 4. Certain emergency vehicles. (a) The provisions of sections 169.80 to 169.88 governing size, weight, and load do not apply to a fire apparatus, a law enforcement special response vehicle, or a licensed land emergency ambulance service vehicle.
(b) Emergency vehicles designed to
transport personnel and equipment to support the suppression of fires and to
mitigate other hazardous situations are subject to the following weight
limitations when operated on an interstate highway: (1) 24,000 pounds on a single steering axle;
(2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear
drive steer axle; and (4) 62,000 pounds on a tandem axle. The gross weight of an emergency vehicle
operating on an interstate highway must not exceed 86,000 pounds.
Sec. 22. Minnesota Statutes 2018, section 171.041, is amended to read:
171.041
RESTRICTED LICENSE FOR FARM WORK.
(a) Notwithstanding any provisions of section 171.04 relating to the age of an applicant to the contrary, the commissioner may issue a restricted farm work license to operate a motor vehicle to a person who has attained the age of 15 years and who, except for age, is qualified to hold a driver's license. The applicant is not required to comply with the six-month instruction permit possession provisions of sections 171.04, subdivision 1, clause (2), and 171.05, subdivision 2a, or with the 12-month provisional license possession provision of section 171.04, subdivision 1, clause (1), item (i).
(b) The restricted license shall
must be issued solely for the purpose of authorizing the person to whom
the restricted license is issued to assist the person's parents or guardians
with farm work. An individual may
perform farm work under the restricted license for any entity authorized to
farm under section 500.24. A person
holding this restricted license may operate a motor vehicle only during
daylight hours and only within a radius of 20 40 miles of the
parent's or guardian's farmhouse; however, in no case may a person holding the
restricted license operate a motor vehicle in a city of the first class.
(c) An applicant for a restricted
license shall must apply to the commissioner for the license on
forms prescribed by the commissioner. The
application shall must be accompanied by:
(1) a copy of a property tax statement showing that the applicant's parent or guardian owns land that is classified as agricultural land or a copy of a rental statement or agreement showing that the applicant's parent or guardian rents land classified as agricultural land; and
(2) a written verified statement by the applicant's parent or guardian setting forth the necessity for the license.
EFFECTIVE
DATE. This section is
effective June 1, 2019.
Sec. 23. Minnesota Statutes 2018, section 174.12, subdivision 8, is amended to read:
Subd. 8. Legislative
report. (a) By February 1 of each
odd-numbered year, the commissioner of transportation, with assistance from the
commissioner of employment and economic development, shall must
submit a report on the transportation economic development program to the
chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy and finance and economic development
policy and finance.
(b) At a minimum, the report must:
(1) summarize the requirements and implementation of the transportation economic development program established in this section;
(2) review the criteria and economic impact performance measures used for evaluation, prioritization, and selection of projects;
(3) provide a brief overview of each project that received financial assistance under the program, which must at a minimum identify:
(i) basic project characteristics, such as funding recipient, geographic location, and type of transportation modes served;
(ii) sources and respective amounts of project funding; and
(iii) the degree of economic benefit anticipated or observed, following the economic impact performance measures established under subdivision 4;
(4) identify the allocation of funds, including but not limited to a breakdown of total project funds by transportation mode, the amount expended for administrative costs, and the amount transferred to the transportation economic development assistance account;
(5) evaluate the overall economic impact of the program; and
(6) provide recommendations for any legislative changes related to the program.
(c) Notwithstanding paragraph (a), a
report is not required in an odd-numbered year if no project received financial
assistance during the preceding 24 months.
Sec. 24. Minnesota Statutes 2018, section 360.013, is amended by adding a subdivision to read:
Subd. 46a. Comprehensive plan. "Comprehensive plan" has the
meaning given in section 394.22, subdivision 9, or 462.352,
subdivision 5.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019.
Sec. 25. Minnesota Statutes 2018, section 360.017, subdivision 1, is amended to read:
Subdivision 1. Creation; authorized disbursements. (a) There is hereby created a fund to be known as the state airports fund. The fund shall consist of all money appropriated to it, or directed to be paid into it, by the legislature.
(b) The state airports fund shall be paid out on authorization of the commissioner and shall be used:
(1) to acquire, construct, improve, maintain, and operate airports and other air navigation facilities;
(2) to assist municipalities in the planning, acquisition, construction, improvement, and maintenance of airports and other air navigation facilities;
(3) to assist municipalities to initiate, enhance, and market scheduled air service at their airports;
(4) to promote interest and safety in aeronautics through education and information; and
(5) to pay the salaries and expenses of the Department of Transportation related to aeronautic planning, administration, and operation. All allotments of money from the state airports fund for salaries and expenses shall be approved by the commissioner of management and budget.
(c) A municipality that adopts a
comprehensive plan that the commissioner finds is incompatible with the state
aviation plan is not eligible for assistance from the state airports fund.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make
changes to runway lengths or configurations, or (2) is required to update
airport safety zoning ordinances.
Sec. 26. Minnesota Statutes 2018, section 360.021, subdivision 1, is amended to read:
Subdivision 1. Authority
to establish. The commissioner is
authorized and empowered, on behalf of and in the name of this state, within
the limitation of available appropriations, to acquire, by purchase, gift,
devise, lease, condemnation proceedings, or otherwise, property, real or
personal, for the purpose of establishing and constructing restricted landing
areas and other air navigation facilities and to acquire in like manner, own,
control, establish, construct, enlarge, improve, maintain, equip, operate,
regulate, and police such restricted landing areas and other air navigation
facilities, either within or without this state; and to make, prior to any such
acquisition, investigations, surveys, and plans. The commissioner may maintain, equip,
operate, regulate, and police airports, either within or without this state. The operation and maintenance of airports
is an essential public service. The
commissioner may maintain at such airports facilities for the servicing of
aircraft and for the comfort and accommodation of air travelers. The commissioner may dispose of any such
property, airport, restricted landing area, or any other air navigation
facility, by sale, lease, or otherwise, in accordance with the laws of this
state governing the disposition of other like property of the state. The commissioner may not acquire or take over
any restricted landing area, or other air navigation facility without the
consent of the owner. The commissioner
shall not acquire any additional state airports nor establish any additional
state-owned airports. The commissioner
may erect, equip, operate, and maintain on any airport buildings and equipment
necessary and proper to maintain, and conduct such airport and air navigation
facilities connected therewith. The
commissioner shall not expend money for land acquisition, or for the
construction, improvement, or maintenance of airports, or for air navigation
facilities for an airport, unless the governmental unit municipality,
county, or joint airport zoning board involved has or is establishing a
zoning authority for that airport, and the authority has made a good-faith
showing that it is in the process of and will complete with due diligence, an
airport zoning ordinance in accordance with sections 360.061 to 360.074. The commissioner may provide funds to
support airport safety projects that maintain existing infrastructure,
regardless of a zoning authority's efforts to complete a zoning regulation. The commissioner may withhold funding from
only the airport subject to the proposed zoning ordinance. Notwithstanding the foregoing prohibition,
the commissioner may continue to maintain the state-owned airport at Pine
Creek.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make changes
to runway lengths or configurations, or (2) is required to update airport
safety zoning ordinances.
Sec. 27. Minnesota Statutes 2018, section 360.024, is amended to read:
360.024
AIR TRANSPORTATION SERVICE CHARGE.
Subdivision 1. Charges. (a) The commissioner shall must
charge users of air transportation services provided by the commissioner for
direct operating costs, excluding pilot salary and.
(b) The commissioner must charge users for a portion of aircraft acquisition, replacement, or leasing costs.
Subd. 2. Accounts;
appropriation. (a) An air
transportation services account is established in the state airports fund. The account consists of money collected under
subdivision 1, paragraph (a), and any other money donated, allotted, transferred,
or otherwise provided to the account.
All receipts for these services shall be deposited in the air
transportation services account in the state airports fund and are Money
in the account is annually appropriated to the commissioner to pay these
direct air service operating costs.
(b)
An aircraft capital account is established in the state airports fund. The account consists of collections under
subdivision 1, paragraph (b), proceeds from the sale of aircraft under
jurisdiction of the department, and any other money donated, allotted,
transferred, or otherwise provided to the account. Money in the account must be used for
aircraft acquisition, replacement, or leasing costs. Except as provided by law, the commissioner
must not transfer money into or out of the account.
EFFECTIVE DATE. This section is effective July 1,
2019.
Sec. 28. Minnesota Statutes 2018, section 360.062, is amended to read:
360.062 AIRPORT
HAZARD PREVENTION; PROTECTING EXISTING NEIGHBORHOOD LAND USES.
(a) It is hereby found that an airport hazard endangers the
lives and property of users of the airport and of occupants of land in its
vicinity, and may reduce the size of the area available for the landing,
takeoff, and maneuvering of aircraft, thereby impairing the utility of the
airport and the public investment therein.
It is also found that the social and financial costs of disrupting
existing land uses around airports in built up urban areas, particularly
established residential neighborhoods, often outweigh the benefits of a
reduction in airport hazards that might result from the elimination or removal
of those uses.
(b) Accordingly, it is hereby declared: (1) that the creation or establishment
of an airport hazard is a public nuisance and an injury to the community served
by the airport in question; (2) that it is therefor necessary in
the interest of the public health, public safety, and general welfare that the
creation or establishment of airport hazards be prevented and that this should
be accomplished to the extent legally possible, by exercise of the police
power, without compensation; and (3) that the elimination or removal of
existing land uses, particularly established residential neighborhoods in
built-up urban areas, or their designation as nonconforming uses is not in
the public interest and should be avoided whenever possible consistent with
reasonable standards of safety.
(c) It is further declared that the prevention of the
creation or establishment of airport hazards and the elimination, removal, alteration,
mitigation, or marking and lighting of existing airport hazards are essential
public purposes services for which political subdivisions may
raise and expend public funds and acquire land or property interests therein.
EFFECTIVE DATE;
APPLICATION. This section is
effective August 1, 2019, and applies to airport sponsors that make or plan to
make changes to runway lengths or configurations on or after that date. Airport safety zoning ordinances that were
approved by the commissioner and effective before August 1, 2019, remain valid
until or unless the airport sponsor (1) makes or plans to make changes to
runway lengths or configurations, or (2) is required to update airport safety
zoning ordinances.
Sec. 29. Minnesota Statutes 2018, section 360.063, subdivision 1, is amended to read:
Subdivision 1. Enforcement under police power. (a) In order to prevent the creation or
establishment of airport hazards, every municipality having an airport hazard
area within its territorial limits may, unless a joint airport zoning board is
permitted under subdivision 3, adopt, amend from time to time, administer, and
enforce, under the police power and in the manner and upon the conditions
hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area
into zones, and, within such zones, specify the land uses permitted and
regulate and restrict the height to which structures and trees may be erected
or allowed to grow.
(b) For the purpose of promoting In order to
promote health, safety, order, convenience, prosperity, general welfare and
for conserving to conserve property values and encouraging
encourage the most appropriate use of land, the municipality may
regulate the location, size and use of buildings and the density of
population in that portion of
an
airport hazard area under approach zones for a distance not to exceed two miles
from the airport boundary and in other portions of an in airport
hazard area may regulate by land use zoning for a distance not to exceed one
mile from the airport boundary, and by height-restriction zoning for a distance
not to exceed 1-1/2 miles from the airport boundary areas: (1) land use; (2) height restrictions; (3)
the location, size, and use of buildings; and (4) the density of population.
(c) The powers granted by this subdivision may be exercised by metropolitan airports commissions in contiguous cities of the first class in and for which they have been created.
(d) In the case of airports owned or operated by the state of Minnesota such powers shall be exercised by the state airport zoning boards or by the commissioner of transportation as authorized herein.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make
changes to runway lengths or configurations, or (2) is required to update
airport safety zoning ordinances.
Sec. 30. Minnesota Statutes 2018, section 360.063, subdivision 3, is amended to read:
Subd. 3. Joint airport zoning board. (a) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport may request a county or municipality in which an airport hazard area is located:
(1) to adopt and enforce airport zoning
regulations for the area in question that conform to standards prescribed by
the commissioner pursuant to subdivision 4 under sections 360.0655 and
360.0656; or
(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning or controlling municipality shall determine which of these actions it shall request, except as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall be made by certified mail to the governing body of each county and municipality in which an airport hazard area is located.
(b) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport and the county or other municipality within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by subdivision 1 in the municipality within which the area is located. A joint board shall have as members two representatives appointed by the municipality owning or controlling the airport and two from the county or municipality, or in case more than one county or municipality is involved two from each county or municipality, in which the airport hazard is located, and in addition a chair elected by a majority of the members so appointed. All members shall serve at the pleasure of their respective appointing authority. Notwithstanding any other provision of law to the contrary, if the owning and controlling municipality is a city of the first class it shall appoint four members to the board, and the chair of the board shall be elected from the membership of the board.
(c) If a county or municipality, within 60 days of receiving a request from an owning or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the owning or controlling municipality, or a joint airport zoning board created without participation by the subdivisions which fail to join the board, may itself adopt, administer, and enforce
airport zoning regulations for the airport hazard area in question. In the event of conflict between the regulations and airport zoning regulations adopted by the county or municipality within which the airport hazard area is located, section 360.064, subdivision 2, applies.
(d) "Owning or controlling municipality," as used in this subdivision, includes:
(1) a joint airport operating board created pursuant to section 360.042 that has been granted all the powers of a municipality in zoning matters under the agreement creating the board;
(2) a joint airport operating board created pursuant to section 360.042 that has not been granted zoning powers under the agreement creating the board; provided that the board shall not itself adopt zoning regulations nor shall a joint airport zoning board created at its request adopt zoning regulations unless all municipalities that created the joint operating board join to create the joint zoning board; and
(3) the Metropolitan Airports Commission established and operated pursuant to chapter 473.
(e) The Metropolitan Airports Commission shall request creation of one joint airport zoning board for each airport operated under its authority.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make changes
to runway lengths or configurations, or (2) is required to update airport
safety zoning ordinances.
Sec. 31. Minnesota Statutes 2018, section 360.064, subdivision 1, is amended to read:
Subdivision 1. Comprehensive
regulations. In the event that a
municipality has adopted, or hereafter adopts, a comprehensive zoning ordinance
regulating, among other things the height of buildings, any airport zoning
regulations applicable to the same area or portion thereof may must
be incorporated by reference or incorporated in and made a part of such
comprehensive zoning regulations and be administered and enforced in connection
therewith.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make
changes to runway lengths or configurations, or (2) is required to update
airport safety zoning ordinances.
Sec. 32. Minnesota Statutes 2018, section 360.065, subdivision 1, is amended to read:
Subdivision 1. Notice
of proposed zoning regulations, hearing.
(a) No airport zoning regulations shall be adopted, amended,
or changed under sections 360.011 to 360.076, except by action of the governing
body of the municipality or, county in question, or
joint airport zoning board under section 360.0655 or 360.0656, or the
boards provided for in section 360.063, subdivisions 3 and 7, or by the
commissioner as provided in subdivisions 6 and 8, after public hearings, at
which parties in interest and citizens shall have an opportunity to be heard.
(b) A public hearing shall must
be held on the proposed airport zoning regulations proposed by
a municipality, county, or joint airport zoning board before they are
submitted for approval to the commissioner and after that approval
but before final adoption by the local zoning authority for approval. If any changes that alter the
regulations
placed on a parcel of land are made to the proposed airport zoning regulations
after the initial public hearing, the municipality, county, or joint airport
zoning board must hold a second public hearing before final adoption of the
regulation. The commissioner may require
a second hearing as determined necessary.
(c) Notice of a hearing required
pursuant to this subdivision shall must be published by the local
zoning authority municipality, county, or joint airport zoning board
at least three times during the period between 15 days and five days before the
hearing in an official newspaper and in a second newspaper designated by that
authority which has a wide general circulation in the area affected by the
proposed regulations. and posted on the municipality's, county's, or
joint airport zoning board's website. If
there is not a second newspaper of wide general circulation in the area that
the municipality, county, or joint airport zoning board can designate for the
notice, the municipality, county, or joint airport zoning board is only
required to publish the notice once in the official newspaper of the
jurisdiction. The notice shall not
be published in the legal notice section of a newspaper. The notice must specify the time,
location, and purpose of the hearing, and must identify any additional location
and time the proposed regulations will be available for public inspection. A copy of the published notice must be added
to the record of the proceedings.
(d) Notice of a hearing shall
also be mailed to the governing body of each political subdivision in which
property affected by the regulations is located. Notice shall must be given by mail
at least 15 ten days before each hearing to any persons in
municipalities that own land proposed to be included in safety zone A or B as
provided in the rules of the Department of Transportation and landowners
where the location or size of a building, or the density of population, will be
regulated. Mailed notice must also be
provided at least ten days before each hearing to persons or municipalities
that have previously requested such notice from the authority. municipality, county, or joint airport
zoning board. The notice must specify
the time, location, and purpose of the hearing, and must identify any
additional location and time the proposed regulations will be made available
for public inspection. Mailed notice
must also identify the property affected by the regulations. For the purpose of giving providing
mailed notice, the authority municipality, county, or joint airport
zoning board may use any appropriate records to determine the names and
addresses of owners. A copy of the
notice and a list of the owners and addresses to which the notice was sent shall
be attested to by the responsible person and shall must be made a
part of added to the records of the proceedings. The Failure to give provide
mailed notice to individual property owners, or defects a
defect in the notice, shall does not invalidate the
proceedings; provided if a bona fide attempt to comply with this
subdivision has been was made.
A notice shall describe the property affected by the proposed
regulations and the restrictions to be imposed on the property by the
regulations and shall state the place and time at which the proposed
regulations are available for public inspection.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make changes
to runway lengths or configurations, or (2) is required to update airport
safety zoning ordinances.
Sec. 33. [360.0655]
AIRPORT ZONING REGULATIONS BASED ON COMMISSIONER'S STANDARDS; SUBMISSION PROCESS.
Subdivision 1. Submission
to commissioner; review. (a)
Except as provided in section 360.0656, prior to adopting zoning regulations
the municipality, county, or joint airport zoning board must submit the
proposed regulations to the commissioner for the commissioner to determine
whether the regulations conform to the standards prescribed by the commissioner. The municipality, county, or joint airport
zoning board may elect to complete custom airport zoning under section 360.0656
instead of using the commissioner's standard, but only after providing written
notice to the commissioner.
(b)
Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the
municipality, county, or joint airport zoning board the commissioner's approval
or objections, if any. Failure to
respond within 90 days is deemed an approval.
The commissioner may request additional information from the
municipality, county, or joint airport zoning board within the 90-day review
period. If the commissioner requests
additional information, the 90-day review period is tolled until the
commissioner receives information and deems the information satisfactory.
(c) If the commissioner objects on the
grounds that the regulations do not conform to the standards prescribed by the
commissioner, the municipality, county, or joint airport zoning board must make
amendments necessary to resolve the objections or provide written notice to the
commissioner that the municipality, county, or joint airport zoning board has
elected to proceed with zoning under section 360.0656.
(d) If the municipality, county, or
joint airport zoning board makes revisions to the proposed regulations after
its initial public hearing, the municipality, county, or joint airport zoning
board must conduct a second public hearing on the revisions and resubmit the
revised proposed regulations to the commissioner for review. The commissioner must examine the revised
proposed regulations within 90 days of receipt to determine whether the revised
proposed regulations conform to the standards prescribed by the commissioner.
(e) If, after a second review period,
the commissioner determines that the municipality, county, or joint airport
zoning board failed to submit proposed regulations that conform to the
commissioner's standards, the commissioner must provide a final written
decision to the municipality, county, or joint airport zoning board.
(f) The municipality, county, or joint
airport zoning board must not adopt regulations or take other action until the
proposed regulations are approved by the commissioner.
(g) The commissioner may approve local
zoning ordinances that are more stringent than the commissioner's standards.
(h) If the commissioner approves the
proposed regulations, the municipality, county, or joint airport zoning board
may adopt the regulations.
(i) A copy of the adopted regulations
must be filed with the county recorder in each county that contains a zoned
area subject to the regulations.
(j) Substantive rights that existed and
had been exercised prior to August 1, 2019, are not affected by the filing of
the regulations.
Subd. 2. Protection
of existing land uses. (a) In
order to ensure minimum disruption of existing land uses, the commissioner's
airport zoning standards and local airport zoning ordinances or regulations
adopted under this section must distinguish between the creation or
establishment of a use and the elimination of an existing use, and must avoid
the elimination, removal, or reclassification of existing uses to the extent
consistent with reasonable safety standards.
The commissioner's standards must include criteria for determining when
an existing land use may constitute an airport hazard so severe that public
safety considerations outweigh the public interest in preventing disruption to
that land use.
(b) Airport zoning regulations that
classify as a nonconforming use or require nonconforming use classification
with respect to any existing low-density structure or existing isolated
low-density building lots must be adopted under sections 360.061 to 360.074.
(c)
A local airport zoning authority may classify a land use described in paragraph
(b) as an airport hazard if the authority finds that the classification is
justified by public safety considerations and is consistent with the
commissioner's airport zoning standards.
Any land use described in paragraph (b) that is classified as an airport
hazard must be acquired, altered, or removed at public expense.
(d) This subdivision must not be construed
to affect the classification of any land use under any zoning ordinances or
regulations not adopted under sections 360.061 to 360.074.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make
changes to runway lengths or configurations, or (2) is required to update
airport safety zoning ordinances.
Sec. 34. [360.0656]
CUSTOM AIRPORT ZONING STANDARDS.
Subdivision 1. Custom
airport zoning standards; factors. (a)
Notwithstanding section 360.0655, a municipality, county, or joint airport
zoning board must provide notice to the commissioner when the municipality,
county, or joint airport zoning board intends to establish and adopt custom
airport zoning regulations under this section.
(b) Airport zoning regulations
submitted to the commissioner under this subdivision are not subject to the
commissioner's zoning regulations under section 360.0655 or Minnesota Rules,
part 8800.2400.
(c) When developing and adopting custom
airport zoning regulations under this section, the municipality, county, or
joint airport zoning board must include in the record a detailed analysis that
explains how the proposed custom airport zoning regulations addressed the
following factors to ensure a reasonable level of safety:
(1) the location of the airport, the
surrounding land uses, and the character of neighborhoods in the vicinity of
the airport, including:
(i)
the location of vulnerable populations, including schools, hospitals, and
nursing homes, in the airport hazard area;
(ii) the location of land uses that
attract large assemblies of people in the airport hazard area;
(iii) the availability of contiguous
open spaces in the airport hazard area;
(iv) the location of wildlife
attractants in the airport hazard area;
(v) airport ownership or control of the
federal Runway Protection Zone and the department's Clear Zone;
(vi) land uses that create or cause
interference with the operation of radio or electronic facilities used by the
airport or aircraft;
(vii) land uses that make it difficult
for pilots to distinguish between airport lights and other lights, result in
glare in the eyes of pilots using the airport, or impair visibility in the
vicinity of the airport;
(viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the aircraft;
(ix) airspace protection to prevent the
creation of air navigation hazards in the airport hazard area; and
(x)
the social and economic costs of restricting land uses;
(2) the airport's type of operations
and how the operations affect safety surrounding the airport;
(3) the accident rate at the airport
compared to a statistically significant sample, including an analysis of
accident distribution based on the rate with a higher accident incidence;
(4) the planned land uses within an
airport hazard area, including any applicable platting, zoning, comprehensive
plan, or transportation plan; and
(5) any other information relevant to
safety or the airport.
Subd. 2. Submission
to commissioner; review. (a)
Except as provided in section 360.0655, prior to adopting zoning regulations,
the municipality, county, or joint airport zoning board must submit its
proposed regulations and the supporting record to the commissioner for review. The commissioner must determine whether the
proposed custom airport zoning regulations and supporting record (1) evaluate
the criteria under subdivision 1, and (2) provide a reasonable level of safety.
(b) Notwithstanding section 15.99, the
commissioner must examine the proposed regulations within 90 days of receipt of
the regulations and report to the municipality, county, or joint airport zoning
board the commissioner's approval or objections, if any. Failure to respond within 90 days is deemed
an approval. The commissioner may
request additional information from the municipality, county, or joint airport
zoning board within the 90-day review period.
(c) If the commissioner objects on the
grounds that the regulations do not provide a reasonable level of safety, the
municipality, county, or joint airport zoning board must review, consider, and
provide a detailed explanation demonstrating how it evaluated the objections
and what action it took or did not take in response to the objections. If the municipality, county, or joint airport
zoning board submits amended regulations after its initial public hearing, the
municipality, county, or joint airport zoning board must conduct a second
public hearing on the revisions and resubmit the revised proposed regulations
to the commissioner for review. The
commissioner must examine the revised proposed regulations within 90 days of
receipt of the regulations. If the
commissioner requests additional information, the 90-day review period is
tolled until satisfactory information is received by the commissioner. Failure to respond within 90 days is deemed
an approval.
(d) If, after the second review period,
the commissioner determines that the municipality, county, or joint airport
zoning board failed to submit proposed regulations that provide a reasonable
safety level, the commissioner must provide a final written decision to the
municipality, county, or joint airport zoning board.
(e) A municipality, county, or joint
airport zoning board is prohibited from adopting custom regulations or taking
other action until the proposed regulations are approved by the commissioner.
(f) If the commissioner approves the
proposed regulations, the municipality, county, or joint airport zoning board
may adopt the regulations.
(g) A copy of the adopted regulations
must be filed with the county recorder in each county that contains a zoned
area subject to the regulations.
(h) Substantive rights that existed and
had been exercised prior to August 1, 2019, are not affected by the filing of
the regulations.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make
changes to runway lengths or configurations, or (2) is required to update
airport safety zoning ordinances.
Sec. 35. Minnesota Statutes 2018, section 360.066, subdivision 1, is amended to read:
Subdivision 1. Reasonableness. Standards of the commissioner Zoning
standards defining airport hazard areas and the categories of uses
permitted and airport zoning regulations adopted under sections 360.011 to
360.076, shall must be reasonable, and none shall impose a
requirement or restriction which that is not reasonably necessary
to effectuate the purposes of sections 360.011 to 360.076. In determining what minimum airport zoning
regulations may be adopted, the commissioner and a local airport zoning
authority shall consider, among other things, the character of the flying operations
expected to be conducted at the airport, the location of the airport, the
nature of the terrain within the airport hazard area, the existing land uses
and character of the neighborhood around the airport, the uses to which the
property to be zoned are planned and adaptable, and the social and economic
costs of restricting land uses versus the benefits derived from a strict
application of the standards of the commissioner.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make
changes to runway lengths or configurations, or (2) is required to update
airport safety zoning ordinances.
Sec. 36. Minnesota Statutes 2018, section 360.067, is amended by adding a subdivision to read:
Subd. 5. Federal
no hazard determination. (a)
Notwithstanding subdivisions 1 and 2, a municipality, county, or joint airport
zoning board may include in its custom airport zoning regulations adopted under
section 360.0656 an option to permit construction of a structure, an increase
or alteration of the height of a structure, or the growth of an existing tree
without a variance from height restrictions if the Federal Aviation
Administration has analyzed the proposed construction, alteration, or growth
under Code of Federal Regulations, title 14, part 77, and has determined the
proposed construction, alteration, or growth does not:
(1) pose a hazard to air navigation;
(2) require changes to airport or
aircraft operations; or
(3) require any mitigation conditions by
the Federal Aviation Administration that cannot be satisfied by the landowner.
(b) A municipality, county, or joint
airport zoning board that permits an exception to height restrictions under
this subdivision must require the applicant to file the Federal Aviation
Administration's no hazard determination with the applicable zoning
administrator. The applicant must obtain
written approval of the zoning administrator before construction, alteration,
or growth may occur. Failure of the
administrator to respond within 60 days to a filing under this subdivision is
deemed a denial. The Federal Aviation
Administration's no hazard determination does not apply to requests for
variation from land use, density, or any other requirement unrelated to the
height of structures or the growth of trees.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make
changes to runway lengths or configurations, or (2) is required to update airport
safety zoning ordinances.
Sec. 37. Minnesota Statutes 2018, section 360.071, subdivision 2, is amended to read:
Subd. 2. Membership.
(a) Where a zoning board of appeals or adjustment already
exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall
consist of five members, each to be appointed for a term of three years by the
authority adopting the regulations and to be removable by the appointing
authority for cause, upon written charges and after public hearing. The length of initial appointments may be
staggered.
(b) In the case of a Metropolitan Airports Commission, five members shall be appointed by the commission chair from the area in and for which the commission was created, any of whom may be members of the commission. In the case of an airport owned or operated by the state of Minnesota, the board of commissioners of the county, or counties, in which the airport hazard area is located shall constitute the airport board of adjustment and shall exercise the powers and duties of such board as provided herein.
EFFECTIVE DATE;
APPLICATION. This section is
effective August 1, 2019, and applies to airport sponsors that make or plan to
make changes to runway lengths or configurations on or after that date. Airport safety zoning ordinances that were
approved by the commissioner and effective before August 1, 2019, remain valid
until or unless the airport sponsor (1) makes or plans to make changes to
runway lengths or configurations, or (2) is required to update airport safety
zoning ordinances.
Sec. 38. Minnesota Statutes 2018, section 360.305, subdivision 6, is amended to read:
Subd. 6. Zoning required. The commissioner shall must
not expend money for planning or land acquisition, or for the
construction, improvement, or maintenance of airports, or for air navigation
facilities for an airport, unless the governmental unit municipality,
county, or joint airport zoning board involved has or is establishing a
zoning authority for that airport, and the authority has made a good-faith
showing that it is in the process of and will complete with due diligence, an
airport zoning ordinance in accordance with sections 360.061 to 360.074. The commissioner may provide funds to
support airport safety projects that maintain existing infrastructure,
regardless of a zoning authority's efforts to complete a zoning regulation. The commissioner shall must
make maximum use of zoning and easements to eliminate runway and other
potential airport hazards rather than land acquisition in fee.
EFFECTIVE DATE;
APPLICATION. This section is
effective August 1, 2019, and applies to airport sponsors that make or plan to
make changes to runway lengths or configurations on or after that date. Airport safety zoning ordinances that were
approved by the commissioner and effective before August 1, 2019, remain valid
until or unless the airport sponsor (1) makes or plans to make changes to
runway lengths or configurations, or (2) is required to update airport safety
zoning ordinances.
Sec. 39. Minnesota Statutes 2018, section 394.22, is amended by adding a subdivision to read:
Subd. 1a.
Airport safety zone. "Airport safety zone" means
an area subject to land use zoning controls adopted under sections 360.061 to
360.074 if the zoning controls regulate (1) the size or location of buildings,
or (2) the density of population.
EFFECTIVE DATE;
APPLICATION. This section is
effective August 1, 2019.
Sec. 40. Minnesota Statutes 2018, section 394.23, is amended to read:
394.23 COMPREHENSIVE
PLAN.
The board has the power and authority to prepare and adopt by ordinance, a comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be the basis for official controls adopted under the provisions of sections 394.21 to 394.37. The commissioner of natural resources must provide the natural heritage
data
from the county biological survey, if available, to each county for use in the
comprehensive plan. When adopting or
updating the comprehensive plan, the board must, if the data is available to
the county, consider natural heritage data resulting from the county biological
survey. In a county that is not a
greater than 80 percent area, as defined in section 103G.005, subdivision 10b,
the board must consider adopting goals and objectives that will protect open
space and the environment. The board
must consider the location and dimensions of airport safety zones in any
portion of the county, and of any airport improvements, identified in the
airport's most recent approved airport layout plan.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make
changes to runway lengths or configurations, or (2) is required to update
airport safety zoning ordinances.
Sec. 41. Minnesota Statutes 2018, section 394.231, is amended to read:
394.231
COMPREHENSIVE PLANS IN GREATER MINNESOTA; OPEN SPACE.
A county adopting or updating a comprehensive plan in a county outside the metropolitan area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and objectives for the preservation of agricultural, forest, wildlife, and open space land, and minimizing development in sensitive shoreland areas. Within three years of updating the comprehensive plan, the county shall consider adopting ordinances as part of the county's official controls that encourage the implementation of the goals and objectives. The county shall consider the following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers;
(4) encouraging land uses in airport
safety zones that are compatible with the safe operation of the airport and the
safety of people in the vicinity of the airport;
(4) (5) identification of areas
of preference for higher density, including consideration of existing and
necessary water and wastewater services, infrastructure, other services, and to
the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
(5) (6) encouraging development
close to places of employment, shopping centers, schools, mass transit, and
other public and private service centers;
(6) (7) identification of areas
where other developments are appropriate; and
(7) (8) other goals and
objectives a county may identify.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make changes
to runway lengths or configurations, or (2) is required to update airport
safety zoning ordinances.
Sec. 42. Minnesota Statutes 2018, section 394.25, subdivision 3, is amended to read:
Subd. 3. In
district zoning, maps. Within each
such district zoning ordinances or maps may also be adopted designating or
limiting the location, height, width, bulk, type of foundation, number of
stories, size of, and the specific uses for which dwellings, buildings, and
structures may be erected or altered; the minimum and maximum size of yards,
courts, or other open spaces; setback from existing roads and highways and
roads and highways designated on an official map; protective measures necessary
to protect the public interest including but not limited to controls relating
to appearance, signs, lighting, hours of operation and other aesthetic
performance characteristics including but not limited to noise, heat, glare,
vibrations and smoke; the area required to provide for off street loading and
parking facilities; heights of trees and structures near airports; and to avoid
too great concentration or scattering of the population. All such provisions shall be uniform for each
class of land or building throughout each district, but the provisions in one
district may differ from those in other districts. No provision may prohibit earth sheltered
construction as defined in section 216C.06, subdivision 14, or manufactured
homes built in conformance with sections 327.31 to 327.35 that comply with all
other zoning ordinances promulgated pursuant to this section. Airport safety zones must be included on
maps that illustrate boundaries of zoning districts and that are adopted as
official controls.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and applies to maps created or updated under this
section on or after that date.
Sec. 43. Minnesota Statutes 2018, section 462.352, is amended by adding a subdivision to read:
Subd. 1a. Airport
safety zone. "Airport
safety zone" has the meaning given in section 394.22, subdivision 1a.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019.
Sec. 44. Minnesota Statutes 2018, section 462.355, subdivision 1, is amended to read:
Subdivision 1. Preparation
and review. The planning agency
shall prepare the comprehensive municipal plan.
In discharging this duty the planning agency shall consult with and
coordinate the planning activities of other departments and agencies of the
municipality to insure conformity with and to assist in the development of the
comprehensive municipal plan. In its
planning activities the planning agency shall take due cognizance of the
planning activities of adjacent units of government and other affected public
agencies. The planning agency shall
periodically review the plan and recommend amendments whenever necessary. When preparing or recommending amendments to
the comprehensive plan, the planning agency of a municipality located within a
county that is not a greater than 80 percent area, as defined in section
103G.005, subdivision 10b, must consider adopting goals and objectives that
will protect open space and the environment.
When preparing or recommending amendments to the comprehensive plan,
the planning agency must consider (1) the location and dimensions of airport
safety zones in any portion of the municipality, and (2) any airport
improvements identified in the airport's most recent approved airport layout
plan.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make
changes to runway lengths or configurations, or (2) is required to update
airport safety zoning ordinances.
Sec. 45. Minnesota Statutes 2018, section 462.357, is amended by adding a subdivision to read:
Subd. 1i. Airport
safety zones on zoning maps. Airport
safety zones must be included on maps that illustrate boundaries of zoning
districts and that are adopted as official controls.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and applies to maps created or updated under this
section on or after that date.
Sec. 46. Minnesota Statutes 2018, section 462.357, subdivision 9, is amended to read:
Subd. 9. Development goals and objectives. In adopting official controls after July 1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider restricting new residential, commercial, and industrial development so that the new development takes place in areas subject to the following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers;
(4) encouraging land uses in airport
safety zones that are compatible with the safe operation of the airport and the
safety of people in the vicinity of the airport;
(4) (5) identification of
areas of preference for higher density, including consideration of existing and
necessary water and wastewater services, infrastructure, other services, and to
the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
(5) (6) encouraging
development close to places of employment, shopping centers, schools, mass
transit, and other public and private service centers;
(6) (7) identification of
areas where other developments are appropriate; and
(7) (8) other goals and
objectives a municipality may identify.
EFFECTIVE
DATE; APPLICATION. This
section is effective August 1, 2019, and applies to airport sponsors that make
or plan to make changes to runway lengths or configurations on or after that
date. Airport safety zoning ordinances
that were approved by the commissioner and effective before August 1, 2019,
remain valid until or unless the airport sponsor (1) makes or plans to make
changes to runway lengths or configurations, or (2) is required to update
airport safety zoning ordinances.
Sec. 47. Minnesota Statutes 2018, section 574.26, subdivision 1a, is amended to read:
Subd. 1a. Exemptions: certain manufacturers; commissioner of transportation; road maintenance. (a) Sections 574.26 to 574.32 do not apply to a manufacturer of public transit buses that manufactures at least 100 public transit buses in a calendar year. For purposes of this section, "public transit bus" means a motor vehicle designed to transport people, with a design capacity for carrying more than 40 passengers, including the driver. The term "public transit bus" does not include a school bus, as defined in section 169.011, subdivision 71.
(b) At the discretion of the commissioner
of transportation, sections 574.26 to 574.32 do not apply to any projects of
the Department of Transportation (1) costing less than the amount in section
471.345, subdivision 3, or (2) involving the permanent or semipermanent
installation of heavy machinery, fixtures, or other capital equipment to be
used primarily for maintenance or repair, or (3) awarded under section
161.32, subdivision 2.
(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal, grading, or other similar routine road maintenance on town roads.
Sec. 48. Laws 2014, chapter 312, article 11, section 38, subdivision 5, is amended to read:
Subd. 5. Pilot
program evaluation. In coordination
with the city, the commissioner of transportation shall evaluate effectiveness
of the pilot program under this section, which must include analysis of traffic
safety impacts, utility to motorists and tourists, costs and expenditures,
extent of community support, and pilot program termination or continuation. By January 15, 2021 2025, the
commissioner shall submit a report on the evaluation to the chairs and
ranking minority members and staff of the legislative committees
with jurisdiction over transportation policy and finance.
Sec. 49. Laws 2014, chapter 312, article 11, section 38, subdivision 6, is amended to read:
Subd. 6. Expiration. The pilot program under this section
expires January 1, 2022 2026.
Sec. 50. LEGISLATIVE
ROUTE NO. 222 REMOVED.
(a) Minnesota Statutes, section 161.115,
subdivision 153, is repealed effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner and
the governing body of Red Lake County to transfer jurisdiction of Legislative
Route No. 222 and after the commissioner notifies the revisor of statutes
under paragraph (b).
(b) The revisor of statutes shall delete
the route identified in paragraph (a) from Minnesota Statutes when the
commissioner of transportation sends notice to the revisor electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 51. LEGISLATIVE
ROUTE NO. 253 REMOVED.
(a) Minnesota Statutes, section 161.115,
subdivision 184, is repealed effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner and
the governing body of Faribault County to transfer jurisdiction of Legislative
Route No. 253 and after the commissioner notifies the revisor of statutes
under paragraph (b).
(b) The revisor of statutes shall delete
the route identified in paragraph (a) from Minnesota Statutes when the
commissioner of transportation sends notice to the revisor electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 52. LEGISLATIVE
ROUTE NO. 254 REMOVED.
(a) Minnesota Statutes, section 161.115,
subdivision 185, is repealed effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner and
the governing body of Faribault County to transfer jurisdiction of Legislative
Route No. 254 and after the commissioner notifies the revisor of statutes
under paragraph (b).
(b) The revisor of statutes shall delete
the route identified in paragraph (a) from Minnesota Statutes when the
commissioner of transportation sends notice to the revisor electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 53. LEGISLATIVE
ROUTE NO. 277 REMOVED.
(a) Minnesota Statutes, section 161.115,
subdivision 208, is repealed effective June 1, 2019, or the day after the
commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Chippewa County to transfer jurisdiction
of Legislative Route No. 277 and after the commissioner notifies the
revisor of statutes under paragraph (b), whichever is later.
(b)
The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the
revisor electronically or in writing that the conditions required to transfer
the route have been satisfied.
Sec. 54. LEGISLATIVE
ROUTE NO. 298 REMOVED.
(a) Minnesota Statutes, section 161.115,
subdivision 229, is repealed effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner and
the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 298 and after the commissioner notifies the revisor
of statutes under paragraph (b).
(b) The revisor of statutes shall delete
the route identified in paragraph (a) from Minnesota Statutes when the
commissioner of transportation sends notice to the revisor electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 55. LEGISLATIVE
ROUTE NO. 299 REMOVED.
(a) Minnesota Statutes, section 161.115,
subdivision 230, is repealed effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner and
the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 299 and after the commissioner notifies the revisor
of statutes under paragraph (b).
(b) The revisor of statutes shall delete
the route identified in paragraph (a) from Minnesota Statutes when the
commissioner of transportation sends notice to the revisor electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 56. LEGISLATIVE
ROUTE NO. 323 REMOVED.
(a) Minnesota Statutes, section 161.115,
subdivision 254, is repealed effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner and
the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 323 and after the commissioner notifies the revisor
of statutes under paragraph (b).
(b) The revisor of statutes shall delete
the route identified in paragraph (a) from Minnesota Statutes when the
commissioner of transportation sends notice to the revisor electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 57. COMMERCIAL
DRIVER'S LICENSE FEDERAL REGULATION WAIVER REQUEST.
For the sole purpose of authorizing a
person to drive a bus with no passengers to deliver the bus to the purchaser,
the commissioner of public safety must apply to the Federal Motor Carrier
Safety Administration for a waiver from Code of Federal Regulations, title 49,
section 383.93, and any other federal rule or regulation that requires a person
to have a passenger endorsement.
EFFECTIVE
DATE. This section is
effective June 1, 2019.
Sec. 58. NORTHSTAR
COMMUTER RAIL OPERATING COSTS; EXCEPTION.
(a) Minnesota Statutes, section 398A.10,
subdivision 2, does not apply for reserve funds available to the Anoka County
Regional Railroad Authority as of June 30, 2019, that are used to pay operating
and maintenance costs of Northstar Commuter Rail.
(b) This section expires on January 1,
2022.
Sec. 59. REPEALER.
Minnesota Statutes 2018, sections
360.063, subdivision 4; 360.065, subdivision 2; and 360.066, subdivisions 1a
and 1b, are repealed.
EFFECTIVE DATE; APPLICATION. This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date. Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances."
Delete the title and insert:
"A bill for an act relating to transportation; making miscellaneous policy changes, including but not limited to provisions governing traffic regulations, school bus warning lights, airport zoning, legislative route removals, and memorial highways and bridges; amending Minnesota Statutes 2018, sections 161.115, subdivision 111; 161.14, by adding subdivisions; 161.32, subdivision 2; 169.18, subdivision 7; 169.20, by adding a subdivision; 169.442, subdivision 5, by adding a subdivision; 169.448, subdivision 1; 169.4503, subdivisions 5, 13, by adding a subdivision; 169.55, subdivision 1; 169.57, subdivision 3; 169.64, subdivisions 3, 8, by adding a subdivision; 169.81, by adding a subdivision; 169.8261, subdivision 2; 169.829, subdivision 4; 171.041; 174.12, subdivision 8; 360.013, by adding a subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.024; 360.062; 360.063, subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, subdivision 9, by adding a subdivision; 574.26, subdivision 1a; Laws 2014, chapter 312, article 11, section 38, subdivisions 5, 6; proposing coding for new law in Minnesota Statutes, chapter 360; repealing Minnesota Statutes 2018, sections 360.063, subdivision 4; 360.065, subdivision 2; 360.066, subdivisions 1a, 1b."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1706, A bill for an act relating to natural resources; specifying duties and services of soil and water conservation districts; proposing coding for new law in Minnesota Statutes, chapter 103C.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1781, A bill for an act relating to economic development; modifying use of Minnesota investment fund; requiring a report.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 2009, A bill for an act relating to health; prohibiting health plan companies and the commissioner of human services from requiring enrollees to follow step therapy protocols for certain metastatic cancers; amending Minnesota Statutes 2018, section 256B.0625, subdivision 13f; proposing coding for new law in Minnesota Statutes, chapter 62Q.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [62Q.1841]
PROHIBITION ON USE OF STEP THERAPY FOR METASTATIC CANCER.
Subdivision 1. Definitions. (a) For purposes of this section, the
following definitions apply.
(b) "Health plan" has the
meaning given in section 62Q.01, subdivision 3.
Health plan includes health coverage provided by a county-based
purchasing plan participating in a public program under chapter 256B or 256L or
an integrated health partnership under section 256B.0755.
(c) "Stage four advanced metastatic
cancer" means cancer that has spread from the primary or original site of
the cancer to nearby tissues, lymph nodes, or other parts of the body.
(d) "Step therapy protocol"
has the meaning given in section 62Q.184, subdivision 1.
Subd. 2. Prohibition
on use of step therapy protocols. A
health plan that provides coverage for the treatment of stage four advanced
metastatic cancer or associated conditions must not limit or exclude coverage
for a drug approved by the United States Food and Drug Administration that is
on the health plan's prescription drug formulary by mandating that an enrollee
with stage four advanced metastatic cancer or associated conditions follow a
step therapy protocol if the use of the approved drug is consistent with:
(1) a United States Food and Drug Administration-approved
indication; and
(2) a clinical practice guideline
published by the National Comprehensive Care Network.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to health plans offered, issued, or
renewed on or after that date.
Sec. 2. Minnesota Statutes 2018, section 256B.0625, subdivision 13f, is amended to read:
Subd. 13f. Prior authorization. (a) The Formulary Committee shall review and recommend drugs which require prior authorization. The Formulary Committee shall establish general criteria to be used for the prior authorization of brand-name drugs for which generically equivalent drugs are available, but the committee is not required to review each brand-name drug for which a generically equivalent drug is available.
(b) Prior authorization may be required by the commissioner before certain formulary drugs are eligible for payment. The Formulary Committee may recommend drugs for prior authorization directly to the commissioner. The commissioner may also request that the Formulary Committee review a drug for prior authorization. Before the commissioner may require prior authorization for a drug:
(1) the commissioner must provide information to the Formulary Committee on the impact that placing the drug on prior authorization may have on the quality of patient care and on program costs, information regarding whether the drug is subject to clinical abuse or misuse, and relevant data from the state Medicaid program if such data is available;
(2) the Formulary Committee must review the drug, taking into account medical and clinical data and the information provided by the commissioner; and
(3) the Formulary Committee must hold a public forum and receive public comment for an additional 15 days.
The commissioner must provide a 15-day notice period before implementing the prior authorization.
(c) Except as provided in subdivision 13j, prior authorization shall not be required or utilized for any atypical antipsychotic drug prescribed for the treatment of mental illness if:
(1) there is no generically equivalent drug available; and
(2) the drug was initially prescribed for the recipient prior to July 1, 2003; or
(3) the drug is part of the recipient's current course of treatment.
This paragraph applies to any multistate preferred drug list or supplemental drug rebate program established or administered by the commissioner. Prior authorization shall automatically be granted for 60 days for brand name drugs prescribed for treatment of mental illness within 60 days of when a generically equivalent drug becomes available, provided that the brand name drug was part of the recipient's course of treatment at the time the generically equivalent drug became available.
(d) Prior authorization shall not be required or utilized for any antihemophilic factor drug prescribed for the treatment of hemophilia and blood disorders where there is no generically equivalent drug available if the prior authorization is used in conjunction with any supplemental drug rebate program or multistate preferred drug list established or administered by the commissioner.
(e) The commissioner may require prior authorization for brand name drugs whenever a generically equivalent product is available, even if the prescriber specifically indicates "dispense as written-brand necessary" on the prescription as required by section 151.21, subdivision 2.
(f) Notwithstanding this subdivision, the commissioner may automatically require prior authorization, for a period not to exceed 180 days, for any drug that is approved by the United States Food and Drug Administration on or after July 1, 2005. The 180-day period begins no later than the first day that a drug is available for shipment to pharmacies within the state. The Formulary Committee shall recommend to the commissioner general criteria to be used for the prior authorization of the drugs, but the committee is not required to review each individual drug. In order to continue prior authorizations for a drug after the 180-day period has expired, the commissioner must follow the provisions of this subdivision.
(g) Any step therapy protocol
requirements established by the commissioner must comply with section 62Q.1841.
EFFECTIVE DATE. This section is effective January 1, 2020."
Delete the title and insert:
"A bill for an act relating to health;
prohibiting health plan companies and the commissioner of human services from
requiring enrollees to follow step therapy protocols for certain metastatic
cancers; amending Minnesota Statutes 2018,
section 256B.0625, subdivision 13f; proposing coding for new law in Minnesota
Statutes, chapter 62Q."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Freiberg from the Committee on Government Operations to which was referred:
H. F. No. 2069, A bill for an act relating to human services; establishing the Community Competency Restoration Task Force; requiring reports; appropriating money.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with House Concurrent Resolution No. 1, H. F. No. 2069 was re‑referred
to the Committee on Rules and Legislative Administration.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 2401, A bill for an act relating to education finance; modifying general education aid; amending Minnesota Statutes 2018, section 126C.13, subdivision 4.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Freiberg from the Committee on Government Operations to which was referred:
H. F. No. 2501, A bill for an act relating to local government; permitting city and town expenditures for city and town historical societies; amending Minnesota Statutes 2018, section 138.053.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.
The
report was adopted.
Freiberg from the Committee on Government Operations to which was referred:
H. F. No. 2636, A bill for an act relating to port authorities; allowing the Seaway Port Authority of Duluth to conduct meetings by telephone or other electronic means; amending Minnesota Statutes 2018, section 469.074, by adding a subdivision.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 2681, A bill for an act relating to utilities; providing access rights to energy usage data maintained by utilities; amending Minnesota Statutes 2018, section 13.685; proposing coding for new law in Minnesota Statutes, chapter 216B.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 2697, A bill for an act relating to claims against the state; providing for settlement of certain claims; appropriating money.
Reported the same back with the following amendments:
Page 1, line 15, delete everything after "to" and insert "Ricky Ritchie for permanent injuries to his left little finger sustained while performing assigned duties at Minnesota Correctional Facility - Rush City, $1,875."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Freiberg from the Committee on Government Operations to which was referred:
H. F. No. 2741, A bill for an act relating to state government; motor vehicles; modifying various provisions governing motor vehicle titling and registration; amending Minnesota Statutes 2018, sections 80E.13; 168.013, subdivisions 1a, 6; 168.27, by adding subdivisions; 168.301, subdivision 3; 168.33, subdivision 8a; 168.346, subdivision 1; 168A.12, subdivision 2; 168A.17, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 168A.
Reported the same back with the following amendments:
Page 12, delete section 11 and insert:
"Sec. 11. [168A.241]
DRIVER AND VEHICLE SERVICES EXECUTIVE STEERING COMMITTEE.
Subdivision 1. Definition. For purposes of this section,
"committee" means the Driver and Vehicle Services Executive Steering
Committee established in this section.
Subd. 2. Establishment; purpose. A Driver and Vehicle Services Executive Steering Committee is established in the Department of Public Safety. The purpose of the committee is to provide input within the governance structure for the driver and vehicle services information system on matters relevant to:
(1) effective and efficient systems relating to the licensing of drivers and the ownership, transfer, and registration of motor vehicles;
(2) planning and implementing future
changes and enhancements to driver and vehicle services information systems;
and
(3) proposed legislation related to the
areas identified in clauses (1) and (2), including but not limited to business
processes and distribution of work.
Subd. 3. Members. (a) The committee consists of:
(1) four senior leaders or appointees
from the Department of Public Safety Driver and Vehicle Services Division;
(2)
one senior leader or appointee from the Bureau of Criminal Apprehension;
(3) two senior leaders or appointees
from the Minnesota Automobile Dealers Association;
(4) one senior leader or appointee from
the Northland Independent Automobile Dealers Association;
(5) four senior leaders or appointees
from the Minnesota Deputy Registrars Association;
(6) two senior leaders or appointees
from the Minnesota Deputy Registrar Business Owners Association; and
(7) one representative who performs
auctions exclusively for dealers licensed under section 168.27 and not for the
general public, appointed by the commissioner following consultation with
eligible auto auctions.
(b) Section 15.059 governs the
committee, except that committee members must not receive compensation for serving
on the committee.
Subd. 4. Meetings. (a) The committee must meet at least
two times per year.
(b) The committee is subject to chapter
13D. A committee meeting occurs when a
quorum is present and the members receive information, discuss, or take action
on any matter relating to the committee's duties. The committee may conduct meetings as
provided in section 13D.015 or 13D.02. The
committee may conduct meetings at any location in the state that is appropriate
for the purposes of the committee, provided the location is open and accessible
to the public. Enforcement of this
paragraph is governed by section 13D.06, subdivisions 1 and 2.
Subd. 5. Staff. The commissioner must provide support
staff, office space, and administrative services for the committee.
Subd. 6. Duties. The committee's duties include but are
not limited to:
(1) serving in an advisory capacity to
the commissioner of public safety and the director of driver and vehicle
services on matters relevant to oversight and accountability of projects within
driver and vehicle services that impact the information systems used to issue
identification cards and motor vehicle titles and registrations by:
(i)
creating working groups to encourage participation with stakeholders and driver
and vehicle services staff on information system changes used for the issuance
of identification cards and motor vehicle titles and registrations; and
(ii) reviewing status reports from
Independent Verification and Validation services for projects and audits that
impact driver and vehicle services information systems; and
(2) reviewing and making
recommendations with respect to work plans, policy initiatives, major
activities, and strategic planning, with regard to the issuance of identification
cards and providing motor vehicle title and registration services.
Subd. 7. Report
and recommendations. Before
February 15 each year, the commissioner must prepare and submit to the chairs
and ranking minority members of the committees of the house of representatives
and the senate with jurisdiction over driver and vehicle services a report that
summarizes the committee's activities, issues identified by the committee,
methods taken to address the issues, and recommendations for legislative action,
if needed.
Subd. 8. Expiration. The committee expires June 30, 2026.
APPLICATION. The initial report under subdivision 7 must be submitted before February 15, 2020."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with House Concurrent Resolution No. 1, H. F. No. 2741 was re‑referred
to the Committee on Rules and Legislative Administration.
The Speaker assumed the Chair.
SECOND READING
OF HOUSE BILLS
H. F. Nos. 132, 836, 1024,
1127, 1584, 1586, 1623, 1706, 1781, 2009, 2401, 2636 and 2697 were read for the
second time.
SECOND READING
OF SENATE BILLS
S. F. No. 1339 was read for
the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Sandstede introduced:
H. F. No. 2793, A bill for an act relating to municipal utilities; allowing a utility modification without approval of voters under certain conditions; amending Minnesota Statutes 2018, section 412.321, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Government Operations.
Poston introduced:
H. F. No. 2794, A bill for an act relating to transportation; requiring a traffic safety study on marked Trunk Highway 210 in Pillager; requiring a report.
The bill was read for the first time and referred to the Transportation Finance and Policy Division.
Hornstein introduced:
H. F. No. 2795, A bill for an act relating to energy; adopting federal appliance and lighting efficiency standards.
The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.
Lillie and O'Neill introduced:
H. F.
No. 2796, A bill for an act relating to state government; ratifying a labor
agreement and a compensation plan.
The bill was read for the first time and referred to the Committee on Government Operations.
Green, Poston and Daniels introduced:
H. F. No. 2797, A bill for an act relating to arts and culture; appropriating money for grant to the Coalition of Allied Vietnam War Veterans.
The bill was read for the first time and referred to the Committee on Ways and Means.
Lislegard introduced:
H. F. No. 2798, A bill for an act relating to taxation; sustainable forest incentive program; clarifying effective date; amending Laws 2017, First Special Session chapter 1, article 10, section 4.
The bill was read for the first time and referred to the Committee on Taxes.
Heinrich introduced:
H. F. No. 2799, A bill for an act relating to natural resources; exempting paddleboards from watercraft licensure requirements; amending Minnesota Statutes 2018, sections 86B.005, subdivision 18; 86B.415, subdivision 1a.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Davids introduced:
H. F. No. 2800, A bill for an act relating to taxation; solid waste management; providing a collection allowance for waste management service providers; amending Minnesota Statutes 2018, sections 289A.20, subdivision 4; 297H.08; proposing coding for new law in Minnesota Statutes, chapter 297H.
The bill was read for the first time and referred to the Committee on Taxes.
Sandstede, Sundin and Ecklund introduced:
H. F. No. 2801, A bill for an act relating to capital investment; appropriating money for capital improvements to the Chisholm Sports Arena and Curling Club; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
O'Neill, Poston, Grossell, Robbins, Johnson and Nash introduced:
H. F. No. 2802, A bill for an act relating to public safety; establishing the crime of organized retail theft; proposing coding for new law in Minnesota Statutes, chapter 609.
The bill was read for the first time and referred to the Committee on Ways and Means.
Urdahl introduced:
H. F. No. 2803, A bill for an act relating to capital investment; appropriating money for athletic facilities at the Dassel-Cokato school district; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Olson, Becker-Finn and Christensen introduced:
H. F. No. 2804, A bill for an act relating to human services; providing payment to child care providers for emergency closures; clarifying requirements for tracking absences; amending Minnesota Statutes 2018, section 119B.13, subdivision 7.
The bill was read for the first time and referred to the Committee on Ways and Means.
Wazlawik and Runbeck introduced:
H. F. No. 2805, A bill for an act relating to transportation; capital investment; appropriating money for County Road J interchange improvements at Interstate Highway 35E; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Long, Dehn and Pinto introduced:
H. F. No. 2806, A bill for an act relating to corrections; establishing a Clemency Review Commission; modifying Board of Pardons procedures; making clarifying changes; amending Minnesota Statutes 2018, sections 638.01; 638.02, subdivisions 1, 2; 638.04; 638.06; 638.07; 638.075; 638.08.
The bill was read for the first time and referred to the Committee on Ways and Means.
Gomez, Hornstein, Wolgamott, Lee, Cantrell, Lesch and Xiong, J., introduced:
H. F. No. 2807, A bill for an act relating to public safety; reclassifying marijuana and nonsynthetic THC from a Schedule I to a Schedule II controlled substance; modifying the definition of a small amount of marijuana; prohibiting the weight of fluids used in water pipes from being used to determine the weight of marijuana mixtures; authorizing expungement of records in certain instances; amending Minnesota Statutes 2018, sections 152.01, subdivisions 9a, 16, 23; 152.02, subdivisions 2, 3; 152.021, subdivision 2; 152.022, subdivision 2; 152.023, subdivision 2; 152.11, by adding a subdivision; 152.12, by adding a subdivision; 152.125, subdivision 3; 152.126, subdivision 1; 152.18, subdivision 3.
The bill was read for the first time and referred to the Committee on Ways and Means.
Elkins introduced:
H. F. No. 2808, A bill for an act relating to state government; establishing a Website Accessibility Grant Advisory Council; appropriating money for grants to cities and counties to improve website accessibility; proposing coding for new law in Minnesota Statutes, chapter 16B.
The bill was read for the first time and referred to the Committee on Government Operations.
Youakim introduced:
H. F. No. 2809, A bill for an act relating to metropolitan government; providing for additional financing of metropolitan area transit and paratransit capital expenditures; authorizing the issuance of certain obligations; amending Minnesota Statutes 2018, section 473.39, subdivision 6, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
REPORTS
FROM THE COMMITTEE ON RULES
AND
LEGISLATIVE ADMINISTRATION
Winkler from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Thursday, April 4,
2019 and established a prefiling requirement for amendments offered to the
following bills:
S. F. Nos. 131 and 584; and
H. F. Nos. 1997 and 554.
Winkler from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bill to be placed on the Calendar for the Day for Friday, April 5,
2019 and established a prefiling requirement for amendments offered to the
following bill:
H. F. No. 1500.
MOTIONS AND RESOLUTIONS
Carlson, A., moved that the name of
Kotyza-Witthuhn be added as an author on H. F. No. 28. The motion prevailed.
Jurgens moved that the name of Bahner be
added as an author on H. F. No. 55. The motion prevailed.
Grossell moved that the name of Edelson be
added as an author on H. F. No. 89. The motion prevailed.
Schultz moved that the names of Bierman,
Loeffler and Sandstede be added as authors on H. F. No. 90. The motion prevailed.
Bahner moved that the name of
Sandstede be added as an author on H. F. No. 149. The motion prevailed.
Zerwas moved that the names of Edelson and
Masin be added as authors on H. F. No. 190. The motion prevailed.
Mann moved that her name be stricken as an
author on H. F. No. 196.
The motion prevailed.
Mann moved that the name of Christensen be
added as an author on H. F. No. 350. The motion prevailed.
Morrison moved that the name of Bierman be
added as an author on H. F. No. 440. The motion prevailed.
Howard moved that the name of Sandstede be
added as an author on H. F. No. 485. The motion prevailed.
Sandstede moved that the name of Layman be
added as an author on H. F. No. 663. The motion prevailed.
Bahner moved that the name of Sandstede be
added as an author on H. F. No. 687. The motion prevailed.
Mariani moved that the name of Munson be
added as an author on H. F. No. 717. The motion prevailed.
Mariani moved that the name of Becker-Finn
be added as an author on H. F. No. 739. The motion prevailed.
Morrison moved that the name of Bierman be
added as an author on H. F. No. 742. The motion prevailed.
Bahner moved that the name of Sandstede be
added as an author on H. F. No. 743. The motion prevailed.
Sauke moved that the name of
Kotyza-Witthuhn be added as an author on H. F. No. 751. The motion prevailed.
Loeffler moved that the name of Bierman be
added as an author on H. F. No. 763. The motion prevailed.
Edelson moved that the name of Loeffler be
added as an author on H. F. No. 766. The motion prevailed.
Kunesh-Podein moved that the name of
Sandstede be added as an author on H. F. No. 799. The motion prevailed.
Lippert moved that the name of Bahner be
added as an author on H. F. No. 811. The motion prevailed.
Acomb moved that the name of Christensen
be added as an author on H. F. No. 815. The motion prevailed.
Huot moved that the name of Nornes be
added as an author on H. F. No. 839. The motion prevailed.
Gomez moved that the name of Long be added
as an author on H. F. No. 980.
The motion prevailed.
Cantrell moved that the name of Bahner be
added as an author on H. F. No. 1049. The motion prevailed.
Halverson moved that the name of
Christensen be added as an author on H. F. No. 1058. The motion prevailed.
Hausman moved that the name of Sandstede
be added as an author on H. F. No. 1151. The motion prevailed.
Morrison moved that the name of Sandstede be
added as an author on H. F. No. 1246. The motion prevailed.
Baker moved that the name of Marquart
be added as an author on H. F. No. 1247. The motion prevailed.
Fischer moved that the name of Dehn be
added as an author on H. F. No. 1327. The motion prevailed.
Hornstein moved that the name of Loeffler
be added as an author on H. F. No. 1388. The motion prevailed.
Torkelson moved that the name of Dettmer
be added as an author on H. F. No. 1430. The motion prevailed.
Tabke moved that the name of Bahner be
added as an author on H. F. No. 1447. The motion prevailed.
Edelson moved that the name of Bahner be
added as an author on H. F. No. 1496. The motion prevailed.
Fischer moved that the name of Lien be
added as an author on H. F. No. 1624. The motion prevailed.
Pryor moved that the name of Sandstede be
added as an author on H. F. No. 1668. The motion prevailed.
Cantrell moved that the name of Sandstede
be added as an author on H. F. No. 1805. The motion prevailed.
Long moved that the name of Bierman be
added as an author on H. F. No. 1956. The motion prevailed.
Lesch moved that the name of Davids be
added as an author on H. F. No. 1971. The motion prevailed.
Pryor moved that the name of Edelson be
added as an author on H. F. No. 2046. The motion prevailed.
Liebling moved that the name of Loeffler
be added as an author on H. F. No. 2094. The motion prevailed.
Nelson, M., moved that the name of
Loeffler be added as an author on H. F. No. 2122. The motion prevailed.
Wazlawik moved that the name of Masin be
added as an author on H. F. No. 2276. The motion prevailed.
Liebling moved that the name of Loeffler
be added as an author on H. F. No. 2414. The motion prevailed.
Pierson moved that the names of Lillie and
Bahner be added as authors on H. F. No. 2500. The motion prevailed.
Gomez moved that the name of Loeffler be
added as an author on H. F. No. 2557. The motion prevailed.
Halverson moved that the name of Bierman
be added as an author on H. F. No. 2571. The motion prevailed.
Morrison moved that the name of Cantrell
be added as an author on H. F. No. 2581. The motion prevailed.
Sundin moved that the name of Bahner be
added as an author on H. F. No. 2687. The motion prevailed.
Dehn moved that the name of Hansen be
added as an author on H. F. No. 2701. The motion prevailed.
Robbins moved that the name of Neu be
added as an author on H. F. No. 2713. The motion prevailed.
Franson moved that the name of Nelson, N.,
be added as an author on H. F. No. 2732. The motion prevailed.
Gomez moved that the name of Loeffler
be added as an author on H. F. No. 2753. The motion prevailed.
Sandell moved that the name of Loeffler be
added as an author on H. F. No. 2756. The motion prevailed.
Pinto moved that the name of Miller be
added as an author on H. F. No. 2785. The motion prevailed.
Morrison moved that the name of Pryor be
added as an author on H. F. No. 2789. The motion prevailed.
Albright moved that
H. F. No. 4 be recalled from the Committee on Ways and Means and
be re-referred to the State Government Finance Division. The motion did not prevail.
Albright moved that
H. F. No. 6 be recalled from the Committee on Ways and Means and
be re-referred to the State Government Finance Division. The motion did not prevail.
MOTION TO
FIX TIME TO CONVENE
Winkler moved that when the House adjourns
today it adjourn until 3:30 p.m., Thursday, April 4, 2019. The motion prevailed.
Winkler moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
Quam and Schultz were excused for the
remainder of today's session.
The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.
JOINT CONVENTION
The Speaker of the House as President of the Joint Convention called the Joint Convention to order.
Prayer was offered by Bishop Patricia Lull, ELCA, St. Paul Area Synod; Imam Asad Zaman, Executive Director, Muslim American Society of Minnesota; and Rabbi Marcia Zimmerman, Temple Israel, Minneapolis, Minnesota.
The roll being called the following Senators answered to their names: Abeler; Anderson, B., and Anderson, P.
Senator Gazelka moved that further proceedings of the roll call be dispensed with. The motion prevailed and a quorum was declared present.
The Sergeant at Arms announced the arrival of the
Honorable Lorie Skjerven Gildea, Chief Justice of the Supreme Court, and the Honorable Associate Justices of
the Supreme Court, plus the Honorable Edward J. Cleary, Chief Judge of the
Court of Appeals of the State of Minnesota. They were escorted to the seats reserved for
them near the rostrum.
The Sergeant at Arms announced the arrival of the
Constitutional Officers of the State of Minnesota: Steve Simon, Secretary of State; Julie
Blaha, State Auditor; and Keith Ellison, Attorney General. The Constitutional Officers were escorted to
the seats reserved for them.
The Sergeant at
Arms announced the arrival of the Honorable Mark Dayton, former Governor of the
State of Minnesota. The former Governor
was escorted to the seat reserved for him.
The Sergeant at
Arms announced the arrival of the Honorable Peggy Flanagan, Lieutenant Governor
of the State of Minnesota. The
Lieutenant Governor was escorted to the seat reserved for her at the rostrum.
The Sergeant at
Arms announced the arrival of the Honorable Tim Walz, Governor of the State of Minnesota,
and his official party. The Governor was
escorted to the rostrum by the appointed committees.
ADDRESS BY THE GOVERNOR
As President of the Joint Convention, the Honorable Melissa Hortman presented the Honorable Tim Walz, Governor of the State of Minnesota, to deliver his "State of the State Address" to the members of the Joint Convention and their guests.
Following the address, Senator Gazelka moved that the Joint Convention adjourn. The motion prevailed and the President declared the Joint Convention adjourned.
RECONVENED
The House reconvened and was called to order by the Speaker.
ADJOURNMENT
Winkler moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 3:30 p.m., Thursday, April 4, 2019.
Patrick D. Murphy,
Chief Clerk, House of Representatives