STATE OF
MINNESOTA
NINETY-THIRD
SESSION - 2023
_____________________
SEVENTY-SIXTH
DAY
Saint Paul, Minnesota, Sunday, May 21, 2023
The House of Representatives convened at
1:00 p.m. and was called to order by Dan Wolgamott, Speaker pro tempore.
Prayer was offered by Stacy McClendon,
Common Ground Meditation Center, 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
Agbaje
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Garofalo
Gillman
Gomez
Greenman
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
A quorum was present.
Grossell, Kiel, Kresha and Moller were
excused.
Davis was excused until 3:50 p.m. Witte was excused until 4:30 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.
INTRODUCTION AND FIRST READING
OF HOUSE BILLS
The
following House Files were introduced:
Heintzeman introduced:
H. F. No. 3337, A bill for an act relating to natural resources; modifying provisions for operating all-terrain vehicles on public roads; amending Minnesota Statutes 2022, section 84.928, subdivision 1.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.
Freiberg introduced:
H. F. No. 3338, A bill for an act relating to real property; providing for certain private transfer fees; amending Minnesota Statutes 2022, section 513.73, subdivision 3.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law.
Koegel, Stephenson, Daniels, Edelson and Hassan introduced:
H. F. No. 3339, A bill for an act relating to insurance; requiring coverage for orthotic and prosthetic devices; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 62Q.
The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.
Long moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Wolgamott.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 2887
A
bill for an act relating to transportation; establishing a budget for
transportation; appropriating money for transportation purposes, including
Department of Transportation, Department of Public Safety, and Metropolitan
Council activities; modifying prior appropriations; authorizing the sale and
issuance of state bonds; modifying various policy and finance provisions;
establishing metropolitan region sales and use tax; requiring Metropolitan
Council to implement and enforce transit safety measures; authorizing administrative citations; establishing criminal penalties; establishing an advisory committee, a task force, and a working group; establishing pilot programs; requiring a study; requiring reports; transferring money; amending Minnesota Statutes 2022, sections 13.69, subdivision 1; 43A.17, by adding a subdivision; 151.37, subdivision 12; 161.088, subdivisions 1, 2, 4, 5, as amended, by adding subdivisions; 161.45, subdivisions 1, 2; 161.46, subdivision 2; 163.051, subdivision 1; 168.002, by adding a subdivision; 168.012, by adding a subdivision; 168.013, subdivision 1a; 168.326; 168.327, subdivisions 1, 2, 3, by adding a subdivision; 168.33, subdivision 7; 168.345, subdivision 2; 168.54, subdivision 5; 168A.29, by adding a subdivision; 169.09, subdivision 13, by adding a subdivision; 169.14, by adding a subdivision; 169.345, subdivision 2; 169.475, subdivisions 2, 3; 169.8261; 169.865, subdivision 1a; 171.01, by adding subdivisions; 171.06, subdivisions 2, 3, as amended, 7, by adding subdivisions; 171.061, subdivision 4; 171.0705, by adding a subdivision; 171.13, subdivisions 1, 1a; 171.26; 174.01, by adding a subdivision; 174.03, subdivision 1c; 174.634; 219.015, subdivision 2; 219.1651; 221.0269, by adding a subdivision; 222.37, subdivision 1; 256.9752, by adding a subdivision; 270C.15; 297A.94; 297A.99, subdivision 1; 297A.993, by adding a subdivision; 297B.02, subdivision 1; 297B.03; 297B.09; 299A.01, by adding a subdivision; 299A.705, subdivision 1; 299D.03, subdivision 5; 299F.60, subdivision 1; 299J.16, subdivision 1; 357.021, subdivisions 6, 7; 473.146, subdivision 1, by adding a subdivision; 473.39, by adding a subdivision; 473.859, by adding a subdivision; 609.855, subdivisions 1, 3, 7, by adding a subdivision; Laws 2021, First Special Session chapter 5, article 1, sections 2, subdivision 2; 4, subdivision 4; article 4, section 143; Laws 2022, chapter 39, section 2; proposing coding for new law in Minnesota Statutes, chapters 4; 160; 161; 168; 169; 171; 174; 297A; 473; proposing coding for new law as Minnesota Statutes, chapter 168E; repealing Minnesota Statutes 2022, sections 168.121, subdivision 5; 168.1282, subdivision 5; 168.1294, subdivision 5; 168.1299, subdivision 4; 168.345, subdivision 1; 299A.705, subdivision 2; 360.915, subdivision 5.
May 20, 2023
The Honorable Melissa Hortman
Speaker of the House of Representatives
The Honorable Bobby Joe Champion
President of the Senate
We, the undersigned conferees for H. F. No. 2887 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 2887 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1. TRANSPORTATION
APPROPRIATIONS. |
The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the trunk highway fund, or another named
fund, and are available for the fiscal years indicated for each purpose. Amounts for "Total Appropriation"
and sums shown in the corresponding columns marked "Appropriations by
Fund" are summary only and do not have legal effect. Unless specified otherwise, the amounts in
fiscal year 2025 under "Appropriations by Fund" show the base within
the meaning of Minnesota Statutes, section 16A.11, subdivision 3, by fund. The figures "2024" and "2025"
used in this article mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2024, or June 30, 2025, respectively. "Each year" is each of fiscal years
2024 and 2025. "The biennium"
is fiscal years 2024 and 2025. "C.S.A.H."
is the county state-aid highway fund. "M.S.A.S."
is the municipal state-aid street fund.
"H.U.T.D." is the
highway user tax distribution fund. "Staff"
means those employees who are identified in any of the following roles for the
legislative committees: committee
administrator, committee legislative assistant, caucus research, fiscal
analysis, counsel, or nonpartisan research.
|
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APPROPRIATIONS
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|
|
|
|
Available
for the Year |
|
|
|
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Ending
June 30 |
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2024
|
2025
|
Sec. 2. DEPARTMENT
OF TRANSPORTATION |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$4,174,897,000 |
|
$3,672,723,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
634,359,000 |
46,450,000 |
Airports |
40,368,000 |
25,368,000 |
C.S.A.H. |
917,782,000 |
991,615,000 |
M.S.A.S. |
236,360,000 |
251,748,000 |
Trunk Highway |
2,346,028,000 |
2,357,542,000 |
The appropriations in this
section are to the commissioner of transportation.
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Multimodal
Systems |
|
|
|
|
(a) Aeronautics
(1) Airport Development and Assistance |
|
69,598,000 |
|
18,598,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
36,000,000 |
-0- |
Airports |
33,598,000 |
18,598,000 |
The appropriation from the
state airports fund must be spent according to Minnesota Statutes, section
360.305, subdivision 4.
$36,000,000 in fiscal year
2024 is from the general fund for matches to federal aid and state investments
related to airport infrastructure projects.
This is a onetime appropriation and is available until June 30, 2027.
$15,000,000 in fiscal year
2024 is from the state airports fund for system maintenance of critical airport
safety systems, equipment, and essential airfield technology.
Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 6, the appropriation from the state
airports fund is available for five years after the year of the appropriation. If the appropriation for either year is insufficient,
the appropriation for the other year is available for it.
If the commissioner of
transportation determines that a balance remains in the state airports fund
following the appropriations made in this article and that the appropriations
made are insufficient for advancing airport development and assistance projects,
an amount necessary to advance the projects, not to exceed the balance in the
state airports fund, is appropriated in each year to the commissioner and must
be spent according to Minnesota Statutes, section 360.305, subdivision 4. Within two weeks of a determination under
this contingent appropriation, the commissioner of transportation must notify
the commissioner of management and budget and the chairs, ranking minority
members, and staff of the legislative committees with jurisdiction over
transportation finance concerning the funds appropriated. Funds appropriated under this contingent
appropriation do not adjust the base for fiscal years 2026 and 2027.
(2) Aviation Support Services |
|
15,397,000 |
|
8,431,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
8,707,000 |
1,741,000 |
Airports |
6,690,000 |
6,690,000 |
$7,000,000 in fiscal year 2024 is from the general fund to purchase two utility aircraft for the Department of Transportation.
(3) Civil Air Patrol |
|
80,000 |
|
80,000 |
This appropriation is from
the state airports fund for the Civil Air Patrol.
(b) Transit and Active Transportation |
|
58,478,000 |
|
18,374,000 |
This appropriation is from
the general fund.
$200,000 in fiscal year 2024
and $50,000 in fiscal year 2025 are for a grant to the city of Rochester to
implement demand response transit service using electric transit vehicles. The money is available for mobile software
application development; vehicles and equipment, including accessible vehicles;
associated charging infrastructure; and capital and operating costs.
$40,000,000 in fiscal year
2024 is for matches to federal aid and state investments related to transit and
active transportation projects. This is
a onetime appropriation and is available until June 30, 2027.
(c) Safe Routes to School |
|
15,297,000 |
|
10,500,000 |
This appropriation is from the general fund for the safe routes to school program under Minnesota Statutes, section 174.40.
If the appropriation for
either year is insufficient, the appropriation for the other year is available
for it. The appropriations in each year
are available until June 30, 2027.
The base for this
appropriation is $1,500,000 in each of fiscal years 2026 and 2027.
(d) Passenger Rail |
|
197,521,000 |
|
4,226,000 |
This appropriation is from
the general fund for passenger rail activities under Minnesota Statutes,
sections 174.632 to 174.636.
$194,700,000 in fiscal year
2024 is for capital improvements and betterments for the Minneapolis-Duluth
Northern Lights Express intercity passenger rail project, including preliminary
engineering, design, engineering, environmental analysis and mitigation,
acquisition of land and right-of-way, equipment and rolling stock, and
construction. From this appropriation,
the amount necessary is for: (1) Coon
Rapids station improvements to establish a joint station that provides for
Amtrak train service on the Empire Builder line between Chicago and Seattle;
and (2) acquisition of equipment and rolling stock for purposes of
participation in the Midwest fleet pool to provide for service on Northern
Lights Express and expanded Amtrak train service between Minneapolis and St. Paul
and Chicago. The commissioner of
transportation must not approve additional stops or stations beyond those
included in the Federal Railroad Administration's January 2018 Finding of No
Significant Impact and Section 4(f) Determination if the commissioner
determines that the resulting speed reduction would negatively impact total
ridership. This appropriation is onetime
and is available until June 30, 2028.
$1,833,000 in fiscal year
2024 and $3,238,000 in fiscal year 2025 are for a match to federal aid for
capital and operating costs for expanded Amtrak train service between
Minneapolis and St. Paul and Chicago.
The base from the general
fund is $5,742,000 in each of fiscal years 2026 and 2027.
(e) Freight |
|
14,650,000 |
|
9,066,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
8,283,000 |
2,400,000 |
Trunk Highway |
6,367,000 |
6,666,000 |
$5,000,000 in fiscal year
2024 is from the general fund for matching federal aid grants for improvements,
engineering, and administrative costs for the Stone Arch Bridge in Minneapolis. This is a
onetime appropriation and is available until June 30, 2027.
$1,000,000 in each year is
from the general fund for staff, operating costs, and maintenance related to
weight and safety enforcement systems.
$974,000 in fiscal year 2024
is from the general fund for procurement costs of a statewide freight network
optimization tool under Laws 2021, First Special Session chapter 5, article 4,
section 133. This is a onetime
appropriation and is available until June 30, 2025.
Subd. 3. State
Roads |
|
|
|
|
(a) Operations and Maintenance |
|
414,220,000 |
|
425,341,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
2,000,000 |
-0- |
Trunk Highway |
412,220,000 |
425,341,000 |
$1,000,000 in fiscal year
2024 is from the general fund for the highways for habitat program under
Minnesota Statutes, section 160.2325.
$248,000 in each year is
from the trunk highway fund for living snow fence implementation and
maintenance activities.
$1,000,000 in fiscal year
2024 is from the general fund for safe road zones under Minnesota Statutes,
section 169.065, including development and delivery of public awareness and
education campaigns about safe road zones.
(b) Program Planning and Delivery |
|
|
|
|
(1) Planning and Research |
|
32,679,000 |
|
33,465,000 |
The commissioner may use any
balance remaining in this appropriation for program delivery under clause (2).
$130,000 in each year is
available for administrative costs of the targeted group business program.
$266,000 in each year is
available for grants to metropolitan planning organizations outside the
seven-county metropolitan area.
$900,000 in each year is
available for grants for transportation studies outside the metropolitan area
to identify critical concerns, problems, and issues. These grants are available: (i) to regional development commissions; (ii)
in regions where no regional development commission is functioning, to joint
powers boards established under agreement of two or more political subdivisions
in the region to exercise the planning functions of a regional development
commission; and (iii) in regions where no regional development commission or
joint powers board is functioning, to the Department of Transportation district
office for that region.
(2) Program Delivery |
|
274,451,000 |
|
273,985,000 |
Appropriations by Fund |
||
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2024 |
2025 |
General |
2,250,000 |
2,000,000 |
Trunk Highway |
272,201,000 |
271,985,000 |
This appropriation includes
use of consultants to support development and management of projects.
$10,000,000 in fiscal year
2024 is from the trunk highway fund for roadway design and related improvements
that reduce speeds and eliminate intersection interactions on rural high-risk
roadways. The commissioner must identify
roadways based on crash information and in consultation with the Advisory
Council on Traffic Safety under Minnesota Statutes, section 4.076, and local
traffic safety partners. This is a
onetime appropriation and is available until June 30, 2026.
$2,000,000 in each year is
from the general fund for implementation of climate-related programs as
provided under the federal Infrastructure Investment and Jobs Act, Public Law 117-58.
$1,193,000 in fiscal year
2024 is from the trunk highway fund for costs related to the property
conveyance to the Upper Sioux Community of state-owned land within the
boundaries of Upper Sioux Agency State Park, including fee purchase, property
purchase, appraisals, and road and bridge demolition and related engineering.
$250,000 in fiscal year 2024
is from the general fund for costs related to the Clean Transportation Fuel
Standard Working Group established under article 4, section 124.
$1,000,000 in each year is
available from the trunk highway fund for management of contaminated and
regulated material on property owned by the Department of Transportation,
including mitigation of property conveyances, facility acquisition or
expansion, chemical release at maintenance facilities, and spills on the trunk
highway system where there is no known responsible party. If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
(c) State Road Construction |
|
1,207,013,000 |
|
1,174,045,000 |
Appropriations by Fund |
||
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2024 |
2025 |
General |
1,800,000 |
-0- |
Trunk Highway |
1,205,213,000 |
1,174,045,000 |
This appropriation is for
the actual construction, reconstruction, and improvement of trunk highways,
including design-build contracts, internal department costs associated with
delivering the construction program, consultant usage to support these
activities, and the cost of actual payments to landowners for lands acquired
for highway rights-of-way, payment to lessees, interest subsidies, and
relocation expenses.
This appropriation includes
federal highway aid. The commissioner of
transportation must notify the chairs, ranking minority members, and staff of
the legislative committees with jurisdiction over transportation finance of any
significant events that cause the estimates of federal aid to change.
$1,500,000 in fiscal year
2024 is from the general fund for living snow fence implementation, including: acquiring and planting trees, shrubs, native
grasses, and wildflowers that are climate adaptive to Minnesota; improvements;
contracts; easements; rental agreements; and program delivery.
$300,000 in fiscal year
2024 is from the general fund for additions and modifications to work zone
design or layout to reduce vehicle speeds in a work zone. This appropriation is available following a
determination by the commissioner that the initial work zone design or layout
insufficiently provides for reduced vehicle speeds.
The commissioner may expend up
to one-half of one percent of the federal appropriations under this paragraph
as grants to opportunity industrialization centers and other nonprofit job
training centers for job training programs related to highway construction.
The commissioner may
transfer up to $15,000,000 in each year to the transportation revolving loan
fund.
The commissioner may
receive money covering other shares of the cost of partnership projects. These receipts are appropriated to the
commissioner for these projects.
The base from the trunk
highway fund is $1,161,813,000 in each of fiscal years 2026 and 2027.
(d) Corridors of Commerce |
|
25,000,000 |
|
25,000,000 |
This appropriation is for
the corridors of commerce program under Minnesota Statutes, section 161.088. The commissioner may use up to 17 percent of
the amount in each year for program delivery.
(e) Highway Debt Service |
|
268,336,000 |
|
291,394,000 |
$265,336,000 in fiscal year
2024 and $288,394,000 in fiscal year 2025 are for transfer to the state bond
fund. If this appropriation is
insufficient to make all transfers required in the year for which it is made,
the commissioner of management and budget must transfer the deficiency amount
as provided under Minnesota Statutes, section 16A.641, and notify the chairs,
ranking minority members, and staff of the legislative committees with
jurisdiction over transportation finance and the chairs of the senate Finance
Committee and the house of representatives Ways and Means Committee of the
amount of the deficiency. Any excess
appropriation cancels to the trunk highway fund.
(f) Statewide Radio Communications |
|
8,653,000 |
|
6,907,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
2,003,000 |
3,000 |
Trunk Highway |
6,650,000 |
6,904,000 |
$3,000 in each year is from
the general fund to equip and operate the Roosevelt signal tower for Lake of
the Woods weather broadcasting.
$2,000,000 in fiscal year
2024 is from the general fund for Allied Radio Matrix for Emergency Response
(ARMER) tower building improvements and replacement.
Subd. 4.
Local Roads |
|
|
|
|
(a) County State-Aid Highways |
|
917,782,000 |
|
991,615,000 |
This appropriation is from
the county state-aid highway fund under Minnesota Statutes, sections 161.081,
174.49, and 297A.815, subdivision 3, and
chapter 162, and is available until June 30, 2033.
If the commissioner of
transportation determines that a balance remains in the county state-aid
highway fund following the appropriations and transfers made in this paragraph
and that the appropriations made are insufficient for advancing county state-aid
highway projects, an amount necessary to advance the projects, not to exceed
the balance in the county state-aid highway fund, is appropriated in each year
to the commissioner. Within two weeks of
a determination under this contingent appropriation, the commissioner of
transportation must notify the commissioner of management and budget and the
chairs, ranking minority members, and staff of the legislative committees with
jurisdiction over transportation finance concerning funds appropriated. The governor must identify in the next budget
submission to the legislature under Minnesota Statutes, section 16A.11, any
amount that is appropriated under this paragraph.
(b) Municipal State-Aid Streets |
|
236,360,000 |
|
251,748,000 |
This appropriation is from
the municipal state-aid street fund under Minnesota
Statutes, chapter 162, and is available until June 30, 2033.
If the commissioner of
transportation determines that a balance remains in the municipal state-aid
street fund following the appropriations and transfers made in this paragraph
and that the appropriations made are insufficient for advancing municipal state‑aid
street projects, an amount necessary to advance the projects, not to exceed the
balance in the municipal state-aid street fund, is appropriated in each year to
the commissioner. Within two weeks of a
determination under this contingent appropriation, the commissioner of
transportation must notify the commissioner of management and budget and the
chairs, ranking minority members, and staff of the legislative committees with
jurisdiction over transportation finance concerning funds appropriated. The governor must identify in the next budget
submission to the legislature under Minnesota Statutes, section 16A.11, any
amount that is appropriated under this paragraph.
(c) Other Local Roads |
|
|
|
|
(1) Local Bridges |
|
18,013,000 |
|
-0- |
This appropriation is from
the general fund to replace or rehabilitate local deficient bridges under
Minnesota Statutes, section 174.50. This
is a onetime appropriation and is available until June 30, 2027.
(2) Local Road Improvement |
|
18,013,000 |
|
-0- |
This appropriation is from
the general fund for construction and reconstruction of local roads under
Minnesota Statutes, section 174.52. This
is a onetime appropriation and is available until June 30, 2027.
(3) Local Transportation Disaster Support |
|
4,300,000 |
|
1,000,000 |
This appropriation is from
the general fund to provide a cost-share for federal assistance from the
Federal Highway Administration for the emergency relief program under United
States Code, title 23, section 125. Of
the appropriation in fiscal year 2024, $3,300,000 is onetime and is available
until June 30, 2027.
(4) Metropolitan Counties |
|
20,000,000 |
|
-0- |
This appropriation is from
the general fund for distribution to metropolitan counties as provided under
Minnesota Statutes, section 174.49, subdivision 5, for use in conformance with
the requirements under Minnesota Statutes, section 174.49, subdivision 6.
Subd. 5. Agency
Management |
|
|
|
|
(a) Agency Services |
|
317,666,000 |
|
87,228,000 |
Appropriations by Fund |
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|
2024 |
2025 |
General |
241,639,000 |
6,151,000 |
Trunk Highway |
76,027,000 |
81,077,000 |
$216,400,000 in fiscal year
2024 is from the general fund for Infrastructure Investment and Jobs Act (IIJA)
discretionary matches under article 4, section 111. This is a onetime appropriation and is
available until June 30, 2027.
$13,790,000 in fiscal year
2024 and $190,000 in fiscal year 2025 are from the general fund for matching
federal aid, related state investments, and staff costs for the electric
vehicle infrastructure program under Minnesota Statutes, section 174.47. Of this appropriation, $13,600,000 in fiscal
year 2024 is onetime and is available until June 30, 2027.
$900,000 in each year is
from the general fund for the purpose of establishing a Tribal affairs
workforce training program related to the construction industry.
$2,000,000 in fiscal year 2024 is from the general fund for federal transportation grants technical assistance under article 4, section 110. This is a onetime appropriation and is available until June 30, 2027.
$7,000,000 in fiscal year
2024 and $4,000,000 in fiscal year 2025 are from the general fund for
information technology projects and implementation.
$500,000 in fiscal year
2024 is from the general fund for grants to nonprofit organizations or
carsharing operators to support the growth of carsharing in disadvantaged
communities through programs, marketing, and community engagement. A grant recipient may use grant proceeds for
capital and operational costs of a program.
Eligible grant recipients must be based in Minnesota and be either a nonprofit
organization or carsharing operator, with a preference given to nonprofit
carsharing operators. Transportation
management organizations are not eligible to receive grants under this
paragraph.
(b) Buildings |
|
40,790,000 |
|
41,120,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
55,000 |
55,000 |
Trunk Highway |
40,735,000 |
41,065,000 |
Any money appropriated to
the commissioner of transportation for building construction for any fiscal
year before fiscal year 2024 is available to the commissioner during the
biennium to the extent that the commissioner spends the money on the building
construction projects for which the money was originally encumbered during the
fiscal year for which it was appropriated.
If the appropriation for either year is insufficient, the appropriation
for the other year is available for it.
The base from the general
fund is $0 in each of fiscal years 2026 and 2027.
(c) Tort Claims |
|
600,000 |
|
600,000 |
If the appropriation for
either year is insufficient, the appropriation for the other year is available
for it.
Subd. 6. Transfers;
General Authority |
|
|
|
|
(a) With the approval of
the commissioner of management and budget, the commissioner of transportation
may transfer unencumbered balances among the appropriations from the trunk
highway fund and the state
airports fund made in this section. Transfers
under this paragraph must not be made: (1)
between funds; (2) from the appropriations for state road construction or debt
service; or (3) from the appropriations for operations and maintenance or
program delivery, except for a transfer to state road construction or debt
service.
(b) The commissioner of
transportation must immediately report transfers under paragraph (a) to the
chairs, ranking minority members, and staff of the legislative committees with
jurisdiction over transportation finance.
The authority for the commissioner of transportation to make transfers
under Minnesota Statutes, section 16A.285, is superseded by the authority and
requirements under this subdivision.
Subd. 7. Transfers;
Flexible Highway Account |
|
|
|
|
The commissioner of
transportation must transfer from the flexible highway account in the county
state-aid highway fund:
(1) $1,850,000 in fiscal
year 2024 to the trunk highway fund;
(2) $5,000,000 in fiscal
year 2024 to the municipal turnback account in the municipal state-aid street
fund; and
(3) the remainder in each
year to the county turnback account in the county state-aid highway fund.
The money transferred under
this subdivision is for highway turnback purposes as provided under Minnesota
Statutes, section 161.081, subdivision 3.
Subd. 8. Contingent
Appropriations |
|
|
|
|
The commissioner of
transportation, with the approval of the governor and the written approval of
at least five members of a group consisting of the members of the Legislative
Advisory Commission under Minnesota Statutes, section 3.30, and the ranking
minority members of the legislative committees with jurisdiction over
transportation finance, may transfer all or part of the unappropriated balance
in the trunk highway fund to an appropriation:
(1) for trunk highway design, construction, or inspection in order to
take advantage of an unanticipated receipt of income to the trunk highway fund
or to take advantage of federal advanced construction funding; (2) for trunk
highway maintenance in order to meet an emergency; or (3) to pay tort or
environmental claims. Nothing in this
subdivision authorizes the commissioner to increase the use of federal advanced
construction funding beyond amounts specifically authorized. Any transfer as a result of the use of
federal advanced construction funding must include an analysis of the effects
on the long-term trunk highway fund balance.
The amount transferred is appropriated for the purpose of the account to
which it is transferred.
Sec. 3. METROPOLITAN COUNCIL |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$141,630,000 |
|
$88,630,000 |
The appropriations in this
section are from the general fund to the Metropolitan Council.
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Transit
System Operations |
|
85,654,000 |
|
32,654,000 |
This appropriation is for
transit system operations under Minnesota Statutes, sections 473.371 to
473.449.
$50,000,000 in fiscal year
2024 is for a grant to Hennepin County for the Blue Line light rail transit
extension project, including but not limited to predesign, design, engineering,
environmental analysis and mitigation, right-of-way acquisition, construction,
and acquisition of rolling stock. Of
this amount, $40,000,000 is available only upon entering a full funding grant
agreement with the Federal Transit Administration by June 30, 2027. This is a onetime appropriation and is
available until June 30, 2030.
$3,000,000 in fiscal year
2024 is for highway bus rapid transit project development in the marked U.S. Highway
169 and marked Trunk Highway 55 corridors, including but not limited to
feasibility study, predesign, design, engineering, environmental analysis and
remediation, and right-of-way acquisition.
Subd. 3. Metro
Mobility |
|
55,976,000 |
|
55,976,000 |
This appropriation is for
Metro Mobility under Minnesota Statutes, section 473.386.
Sec. 4. DEPARTMENT
OF PUBLIC SAFETY |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$298,096,000 |
|
$281,378,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
44,758,000 |
35,470,000 |
H.U.T.D. |
1,336,000 |
1,378,000 |
Special Revenue
|
72,296,000 |
73,442,000 |
Trunk Highway |
179,706,000 |
171,088,000 |
The appropriations in this
section are to the commissioner of public safety.
The amounts that may be spent
for each purpose are specified in the following subdivisions. The commissioner must spend appropriations
from the trunk highway fund in subdivision 3 only for State Patrol purposes.
Subd. 2. Administration
and Related Services |
|
|
|
|
(a) Office of Communications |
|
896,000 |
|
1,148,000 |
This appropriation is from
the general fund.
(b) Public Safety Support |
|
9,976,000 |
|
11,773,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
5,049,000 |
6,564,000 |
Trunk Highway |
4,927,000 |
5,209,000 |
$1,482,000 in each year is
from the general fund for staff and operating costs related to public
engagement activities.
(c) Public Safety Officer Survivor
Benefits |
|
640,000 |
|
640,000 |
This appropriation is from
the general fund for payment of public safety officer survivor benefits under
Minnesota Statutes, section 299A.44. If
the appropriation for either year is insufficient, the appropriation for the
other year is available for it.
(d) Public Safety Officer Reimbursements |
|
1,367,000 |
|
1,367,000 |
This appropriation is from
the general fund for transfer to the public safety officer's benefit account. This appropriation is available for
reimbursements under Minnesota Statutes, section 299A.465.
(e) Soft Body Armor Reimbursements |
|
745,000 |
|
745,000 |
This appropriation is from
the general fund for soft body armor reimbursements under Minnesota Statutes,
section 299A.38.
(f) Technology and Support Services |
|
6,712,000 |
|
6,783,000 |
Appropriations by Fund |
|
||||||
|
2024 |
2025 |
|
||||
General |
1,645,000 |
1,684,000 |
|
||||
Trunk Highway |
5,067,000
|
5,099,000
|
|
||||
Subd. 3.
State Patrol |
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|
|
|
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(a) Patrolling Highways |
|
154,044,000 |
|
141,731,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
387,000 |
37,000 |
H.U.T.D. |
92,000 |
92,000 |
Trunk Highway |
153,565,000 |
141,602,000 |
$350,000 in fiscal year 2024 is from the general fund for predesign of a State Patrol headquarters building and related storage and training facilities. The commissioner of public safety must work with the commissioner of administration to complete the predesign. This is a onetime appropriation and is available until June 30, 2027.
$14,500,000 in fiscal year
2024 is from the trunk highway fund to purchase and equip a helicopter for the
State Patrol. This is a onetime
appropriation and is available until June 30, 2025.
$2,300,000 in fiscal year
2024 is from the trunk highway fund to purchase a Cirrus single engine airplane
for the State Patrol. This is a onetime
appropriation and is available until June 30, 2025.
$1,700,000 in each year is
from the trunk highway fund for staff and equipment costs of pilots for the
State Patrol.
$611,000 in fiscal year
2024 and $352,000 in fiscal year 2025 are from the trunk highway fund to
support the State Patrol's accreditation process under the Commission on
Accreditation for Law Enforcement Agencies.
(b) Commercial Vehicle Enforcement |
|
15,446,000 |
|
18,423,000 |
$2,948,000 in fiscal year
2024 and $5,248,000 in fiscal year 2025 are to provide the required match for
federal grants for additional troopers and nonsworn commercial vehicle
inspectors.
(c) Capitol Security |
|
18,666,000 |
|
19,231,000 |
This appropriation is from
the general fund.
The commissioner must not:
(1) spend any money from
the trunk highway fund for capitol security; or
(2) permanently transfer any
state trooper from the patrolling highways activity to capitol security.
The commissioner must not
transfer any money appropriated to the commissioner under this section:
(1) to capitol security; or
(2) from capitol security.
(d) Vehicle Crimes Unit |
|
1,244,000 |
|
1,286,000 |
This appropriation is from
the highway user tax distribution fund to investigate:
(1) registration tax and
motor vehicle sales tax liabilities from individuals and businesses that
currently do not pay all taxes owed; and
(2) illegal or improper
activity related to the sale, transfer, titling, and registration of motor
vehicles.
Subd. 4. Driver
and Vehicle Services |
|
|
|
|
(a) Driver Services |
|
42,615,000 |
|
43,262,000 |
This appropriation is from
the driver and vehicle services operating account under Minnesota Statutes,
section 299A.705.
$750,000 in fiscal year
2024 and $120,000 in fiscal year 2025 are for reimbursement to driver's license
agents for the purchase and maintenance of equipment necessary for a
full-service provider, as defined in Minnesota Statutes, section 171.01,
subdivision 33a, following application to the commissioner. Of the amount in fiscal year 2024, the
commissioner may provide no more than $15,000 to each driver's license agent.
$115,000 in fiscal year
2024 and $109,000 in fiscal year 2025 are for staff costs to manage, review,
and audit online driver education programs.
$262,000 in fiscal year
2024 and $81,000 in fiscal year 2025 are for implementation of race and
ethnicity information collection from applicants for drivers' licenses and
identification cards.
$58,000 in fiscal year 2024
is for the implementation costs of a watercraft operator's permit indicator on
drivers' licenses and identification cards.
$2,598,000 in each year is to
maintain driver's license examination stations.
The commissioner must keep open all driver's license examination
stations that are open on the effective date of this section, including any
stations that reopened following closure in 2020 due to the COVID-19 pandemic.
(b) Vehicle Services |
|
34,238,000 |
|
28,737,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
6,000,000 |
-0- |
Special Revenue
|
28,238,000 |
28,737,000 |
The appropriation from the
special revenue fund is from the driver and vehicle services operating account
under Minnesota Statutes, section 299A.705.
$202,000 in fiscal year
2024 and $192,000 in fiscal year 2025 are for staff costs related to monitoring
and auditing records issued by full-service providers.
$6,000,000 in fiscal year
2024 is from the general fund for payments to deputy registrars. The commissioner must make payments to each
deputy registrar based proportionally on the total number of transactions,
excluding corrections and transactions at a self-service kiosk, completed by
each deputy registrar during the previous fiscal year. The payments must be made on or before July
15, 2023.
$1,600,000 in fiscal year
2024 and $1,300,000 in fiscal year 2025 are for staff and operating costs
related to additional vehicle inspection sites.
$101,000 in fiscal year
2024 and $96,000 in fiscal year 2025 are for an appeals process for information
technology system data access revocations, including costs of staff and
equipment.
Subd. 5. Traffic
Safety |
|
9,504,000 |
|
4,249,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
8,803,000 |
3,494,000 |
Trunk Highway |
701,000 |
755,000 |
$1,000,000 in fiscal year
2024 is from the general fund for grants to local units of government to
perform additional traffic safety enforcement activities in safe road zones
under Minnesota Statutes,
section 169.065. In allocating funds, the commissioner must
account for other sources of funding for increased traffic enforcement.
$2,000,000 in fiscal year
2024 is from the general fund for grants to local units of government to
increase traffic safety enforcement activities, including training, equipment,
overtime, and related costs for peace officers to perform duties that are
specifically related to traffic management and traffic safety.
$2,000,000 in fiscal year
2024 is from the general fund for grants to law enforcement agencies to
undertake targeted speed reduction efforts on rural high-risk roadways
identified by the commissioner based on crash information and consultation with
the Advisory Council on Traffic Safety under Minnesota Statutes, section 4.076,
and local traffic safety partners.
$50,000 in fiscal year 2024
is from the general fund for an education and awareness campaign on motor
vehicles passing school buses, designed to:
(1) help reduce occurrences of motor vehicles unlawfully passing school
buses; and (2) inform drivers about the safety of pupils boarding and unloading
from school buses, including laws requiring a motor vehicle to stop when a
school bus has extended the stop-signal arm and is flashing red lights and
penalties for violations. The
commissioner must identify best practices, review effective communication
methods to educate drivers, and consider multiple forms of media to convey the
information.
$100,000 in fiscal year 2024 is from the general fund for a public awareness campaign to promote understanding and compliance with laws regarding the passing of parked authorized vehicles.
$350,000 in fiscal year
2024 is from the general fund for grants to local units of government for safe
ride programs that provide safe transportation options for patrons of
hospitality and entertainment businesses within a community.
$250,000 in fiscal year
2024 is from the general fund for the traffic safety violations disposition
analysis under article 4, section 109.
$2,000,000 in each year is
from the general fund for operations and traffic safety projects and activities
of the Advisory Council on Traffic Safety under Minnesota Statutes, section
4.076.
$98,000 in each year is from the general fund to coordinate a statewide traffic safety equity program, including staff costs.
The following amounts are
for the staff and operating costs related to a Traffic Safety Data Analytics
Center: (1) $407,000 in fiscal year 2024
and $813,000 in fiscal year 2025 from the general fund;
and (2) $140,000 in each year
is from the trunk highway fund. The base
from the trunk highway fund is $187,000 in each of fiscal years 2026 and 2027.
Subd. 6. Pipeline
Safety |
|
2,003,000 |
|
2,003,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
560,000 |
560,000 |
Special Revenue
|
1,443,000 |
1,443,000 |
The appropriation from the
special revenue fund is from the pipeline safety account under Minnesota
Statutes, section 299J.18.
$560,000 in each year is
from the general fund for staff and operating costs related to oversight of the
excavation notice system under Minnesota Statutes, chapter 216D, including
education, investigation, and enforcement activities.
Sec. 5. LEGISLATIVE
COORDINATING COMMISSION |
$225,000 |
|
$-0- |
This appropriation is from
the general fund to the Legislative Coordinating Commission for costs of the
Metropolitan Governance Task Force under article 4, section 123.
Sec. 6. MINNESOTA MANAGEMENT AND BUDGET |
|
|
|
Subdivision 1. Federal
Funds Coordinator |
|
570,000 |
|
570,000 |
(a) This appropriation is
from the general fund to the commissioner of management and budget for a
coordinator and support staff to provide for maximization of federal formula
and discretionary grant funds to recipients in the state, including but not limited
to funds under: (1) the Infrastructure
Investment and Jobs Act (IIJA), Public Law 117-58; (2) the Inflation Reduction
Act of 2022, Public Law 117-169; (3) the CHIPS and Science Act of 2022, Public
Law 117-167; and (4) subsequent federal appropriations acts associated with a spending authorization or appropriation
under clauses (1) to (3).
(b) The duties of the federal coordinator include but are not limited
to:
(1) serving as the state
agency lead on activities related to federal infrastructure funds;
(2) coordinating on federal
grants with the governor, legislature, state agencies, federally recognized
Tribal governments, political subdivisions, and private entities; and
(3) developing methods to
maximize the amount and effectiveness of federal grants provided to recipients
in the state.
Subd. 2. Federal
Funds Coordinator; Fiscal Year 2023 |
|
|
|
|
$70,000 in fiscal year 2023
is appropriated from the general fund to the commissioner of management and
budget for the purposes specified in subdivision 1. This amount is a onetime appropriation and is
available until June 30, 2024.
EFFECTIVE
DATE. Subdivision 2 is
effective the day following final enactment.
Sec. 7. Laws 2018, chapter 214, article 1, section 16, subdivision 11, as amended by Laws 2019, chapter 2, article 2, section 4, is amended to read:
Subd. 11. Corridors
of Commerce |
|
|
|
400,000,000 |
(a) From the bond proceeds account in the trunk highway fund for the corridors of commerce program under Minnesota Statutes, section 161.088.
(b) This appropriation is available in the amounts of:
(1) $150,000,000 in fiscal year 2022;
(2) $150,000,000 in fiscal year 2023; and
(3) $100,000,000 in fiscal year 2024.
(c) The commissioner must select projects for the corridors of commerce program solely using the results of the spring 2018 evaluation for the corridors of commerce program, in order based on total score. In addition to the projects selected for funding in the first round from the spring 2018 evaluation, the commissioner must select at least two projects located outside the Department of Transportation metropolitan district. If funds are insufficient for an identified project, the commissioner must either select the identified project, or select one or more alternative projects that are (1) for a segment within the project limits of the identified project; and (2) also identified and scored in the spring 2018 evaluation process. For projects located outside the Department of Transportation metropolitan district, the commissioner must not select a project located in a county within which a project was selected for funding in the first round in the spring 2018 evaluation for the corridors of commerce program.
(d) Notwithstanding the
project selection requirements under paragraph (c), any remaining amount of
this appropriation is for predesign, design, engineering, and construction of
an overpass
and associated safety
improvements at the intersection of marked Trunk Highway 9 and marked Trunk
Highway 23 in the city of New London.
(e) The appropriation in Laws 2017, First Special Session chapter 3, article 2, section 2, subdivision 1, is available for the projects selected under paragraph (c) that the commissioner determines are ready to proceed.
(e) (f) The
appropriation in this subdivision is available for any projects selected by the
commissioner using the results of the evaluation for the corridors of commerce
program conducted in spring 2018.
(f) (g) This
appropriation cancels as specified under Minnesota Statutes, section 16A.642,
except that the commissioner of management and budget shall count the start of
authorization for issuance of state bonds as the first day of the fiscal year
during which the bonds are available to be issued, and not as the date of
enactment of this section.
Sec. 8. Laws 2021, First Special Session chapter 5, article 1, section 4, subdivision 4, is amended to read:
Subd. 4. Driver
and Vehicle Services |
|
|
|
|
(a) Driver Services |
|
44,820,000 |
|
39,685,000 |
This appropriation is from the driver services operating account in the special revenue fund under Minnesota Statutes, section 299A.705, subdivision 2.
$2,598,000 in each year is for costs to reopen all driver's license examination stations that were closed in 2020 due to the COVID‑19 pandemic. This amount is not available for the public information center, general administration, or operational support. This is a onetime appropriation.
$2,229,000 in fiscal year 2022 and $155,000 in fiscal year 2023 are for costs of a pilot project for same-day issuance of drivers' licenses and state identification cards.
The base is $36,398,000 in
each of fiscal years 2024 and 2025. Any
unexpended amount of this appropriation remaining on June 30, 2023,
cancels to the driver and vehicle services operating account under Minnesota
Statutes, section 299A.705.
(b) Vehicle Services |
|
37,418,000 |
|
|
Appropriations by Fund
|
||
|
2022
|
2023 |
H.U.T.D. |
686,000 |
-0- |
Special Revenue |
36,732,000 |
|
The special revenue fund appropriation is from the vehicle services operating account under Minnesota Statutes, section 299A.705, subdivision 1.
$200,000 in fiscal year 2022 is from the vehicle services operating account for the independent expert review of MnDRIVE under article 4, section 144, for expenses of the chair and the review team related to work completed pursuant to that section, including any contracts entered into. This is a onetime appropriation.
$250,000 in fiscal year 2022 is from the vehicle services operating account for programming costs related to the implementation of self-service kiosks for vehicle registration renewal. This is a onetime appropriation and is available in fiscal year 2023.
The base is $33,788,000 in
each of fiscal years 2024 and 2025. Any
unexpended amount of the appropriation from the special revenue fund remaining
on June 30, 2023, cancels to the driver and vehicle services operating account
under Minnesota Statutes, section 299A.705.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 9. APPROPRIATION;
TRANSPORTATION MANAGEMENT ORGANIZATIONS.
(a) $300,000 in fiscal
year 2024 and $300,000 in fiscal year 2025 are appropriated from the general
fund to the commissioner of transportation for grants to the I-494 Corridor
Commission to provide telework resources, assistance, information, and related
activities on a statewide basis.
(b) $300,000 in fiscal
year 2024 and $300,000 in fiscal year 2025 are appropriated from the general
fund to the commissioner of transportation for grants to the St. Paul
transportation management organization. The
organization must provide public education and information to support a
reduction in vehicle miles traveled throughout the metropolitan area.
(c) $103,000 in fiscal
year 2024 and $103,000 in fiscal year 2025 are appropriated from the general
fund to the commissioner of transportation for grants to the downtown
Minneapolis transportation management organization. Programs funded with this appropriation must
include but are not limited to a hybrid commuter education pilot program.
(d) $350,000 in fiscal year
2024 is appropriated from the general fund to the commissioner of
transportation for grants to the city of Chatfield to develop a transportation
management organization in southeastern Minnesota. Money under this paragraph is available for
developing a comprehensive assessment and financial plan for a transportation
management organization in the counties of Dodge, Fillmore, Freeborn, Goodhue,
Houston, Mower, Olmsted, Rice, Steele, Wabasha, and Winona. The study must assess how the transportation
management organization can develop resources to meet the region's growing and
changing transportation needs and prioritize transportation-related challenges
that affect the region's workforce, access to health care and postsecondary education,
and quality of life.
(e) Money under
paragraphs (a) to (c) is available for programming and service expansion to
assist companies and commuters with carpool, vanpool, bicycle commuting,
telework, and transit.
(f) The commissioner
must not retain any portion of the appropriations under this section.
(g) The appropriations
in paragraphs (a) to (d) are onetime appropriations.
Sec. 10. APPROPRIATION;
RAIL CORRIDOR SERVICE.
$4,000,000 in fiscal
year 2023 is appropriated from the general fund to the commissioner of
transportation for rail corridor service analysis under article 4, section 112. This is a onetime appropriation and is
available until December 31, 2025.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 11. APPROPRIATION;
TRANSIT SERVICE INTERVENTION PROJECT.
$2,000,000 in fiscal
year 2023 is appropriated from the general fund to the Metropolitan Council for
grants to participating organizations in the Transit Service Intervention
Project under article 4, section 113. The
council must allocate the grants to provide reimbursements for project
implementation, including but not limited to intervention teams, labor, and
other expenses. This is a onetime
appropriation and is available until June 30, 2024.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 12. APPROPRIATIONS;
STATE PATROL OPERATING DEFICIENCY.
(a) $6,728,000 in fiscal
year 2023 is appropriated from the trunk highway fund to the commissioner of
public safety for State Patrol operating costs.
This is a onetime appropriation and is available until December 31,
2023.
(b) $106,000 in fiscal
year 2023 is appropriated from the highway user tax distribution fund to the
commissioner of public safety for the State Patrol Vehicle Crimes Unit. This is a onetime appropriation and is
available until December 31, 2023.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 13. APPROPRIATION; DEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT.
$30,000 in fiscal year
2024 is appropriated from the general fund to the commissioner of employment
and economic development for temporary staff costs related to the procurement
of a statewide freight optimization tool for the Department of Transportation. This is a onetime appropriation and is
available until June 30, 2025.
Sec. 14. APPROPRIATION;
TRAFFIC SAFETY.
$2,000,000 in fiscal
year 2024 is appropriated from the general fund to the commissioner of public
safety for grants to school districts, nonpublic schools, charter schools, and
companies that provide school bus services for the purchase and installation of
school bus stop-signal arm camera systems.
In awarding grants, the commissioner must follow the same requirements
as under Laws 2021, First Special Session chapter 5, article 1, section 4,
subdivision 5. This is a onetime
appropriation and is available until June 30, 2025.
Sec. 15. APPROPRIATION;
SMALL COMMUNITY PARTNERSHIPS.
(a) $2,500,000 in fiscal
year 2024 and $2,500,000 in fiscal year 2025 are appropriated from the general
fund to the Board of Regents of the University of Minnesota for small community
partnerships on infrastructure project analysis
and development as provided in this section.
This is a onetime appropriation and is available until June 30, 2026.
(b) The appropriation
under this section must be used for:
(1) partnership
activities in the Regional Sustainable Development Partnerships, the Center for
Transportation Studies, the Minnesota Design Center, the Humphrey School of
Public Affairs, the Center for Urban and Regional Affairs, or other related
entities;
(2) support and
assistance to small communities that includes:
(i) methods to
incorporate consideration of sustainability, resiliency, and adaptation to the
impacts of climate change; and
(ii) identification and
cross-sector analysis of any potential associated projects and efficiencies
through coordinated investments in other infrastructure or assets; and
(3) prioritization of
support and assistance to political subdivisions and federally recognized
Tribal governments based on insufficiency of
capacity to undertake project development and apply for state or federal
infrastructure grants.
(c) The agreement may
provide for project analysis and development activities that include but are
not limited to planning, scoping, analysis, predesign, design, pre-engineering,
and engineering.
Sec. 16. APPROPRIATION;
RICE STREET CAPITOL AREA REDESIGN.
(a) $25,000,000 in
fiscal year 2024 is appropriated from the general fund to the commissioner of
transportation for one or more grants to the city of St. Paul, Ramsey
County, or both for planning, predesign, design, engineering, environmental
analysis and mitigation, land acquisition, and reconstruction of Rice Street
from West Pennsylvania Avenue to John Ireland Boulevard. This is a onetime appropriation and is
available until June 30, 2029.
(b) The Rice Street
Capitol Area redesign project under this section must:
(1) be developed under a
multiagency process that includes but is not limited to coordination between
the city of St. Paul, Ramsey County, the Metropolitan Council, the
commissioner of transportation, and the Capitol Area Architectural and Planning
Board under Minnesota Statutes, section 15B.03;
(2) conform with the
comprehensive plan adopted under Minnesota Statutes, section 15B.05, and the
street design manual adopted by the city of St. Paul; and
(3) establish a
multimodal hub in the vicinity of Rice Street and University Avenue.
Sec. 17. APPROPRIATIONS;
PRIORITY TRANSPORTATION PROJECTS.
Subdivision 1. Crosstown
pedestrian bridge; Edina. $3,000,000
in fiscal year 2024 is appropriated from the general fund to the commissioner
of transportation for a grant to the city of Edina for design, engineering, and
construction of a new Americans with Disabilities Act-compliant safe overpass
bridge to replace the current Crosstown Pedestrian Bridge over marked Trunk
Highway 62 in the city of Edina. This is
a onetime appropriation and is available until June 30, 2027.
Subd. 2. U.S.
Highway 10; Sherburne County. $6,000,000
in fiscal year 2024 is appropriated from the general fund to the commissioner
of transportation for preliminary engineering of safety and access improvements
on marked U.S. Highway 10 between the cities of Clear Lake and St. Cloud. This appropriation is for phase one of the
project. This is a onetime appropriation
and is available until June 30, 2027.
Subd. 3. Veterans
Bridge; St. Cloud. $750,000
in fiscal year 2024 is appropriated from the general fund to the commissioner
of transportation for a grant to the city of St. Cloud for predesign,
design, engineering, environmental analysis, and construction of repairs and
rehabilitation to the Veterans Bridge in the city of St. Cloud, including
associated pedestrian safety improvements.
This is a onetime appropriation and is available until June 30, 2027.
Subd. 4. University
Drive; St. Cloud. $8,500,000
in fiscal year 2024 is appropriated from the general fund to the commissioner
of transportation for a grant to the city of St. Cloud for predesign,
design, engineering, environmental analysis, and reconstruction of University
Drive from Stearns County State-Aid Highway 75 to 15th Avenue Southeast,
including bicycle facility improvements and utility replacement. This is a onetime appropriation and is
available until June 30, 2027.
Subd. 5. Trunk
Highway 7 study; Hennepin County. $750,000
in fiscal year 2024 is appropriated from the trunk highway fund to the
commissioner of transportation for a feasibility study of safety, access, and
other improvements on marked Trunk Highway 7 from the western border of
Hennepin County to marked Interstate Highway 494, including connecting roadways. Any amount remaining following the study is
available for environmental analysis and preliminary design. This is a onetime appropriation and is
available until June 30, 2027.
Subd. 6. Highway-rail
grade separation; Moorhead. $10,000,000
in fiscal year 2024 is appropriated from the general fund to the commissioner
of transportation for one or more rail grade separation projects in the city of
Moorhead in accordance with Minnesota Statutes, section 219.016. This appropriation is in addition to the
amount appropriated in Laws 2020, Fifth Special Session chapter 3, article 2,
section 2, subdivision 2, for the same purpose.
This is a onetime appropriation and is available until June 30, 2027.
Subd. 7. U.S.
Highway 52 box culvert underpass; Dakota County. $2,000,000 in fiscal year 2024 is
appropriated from the general fund to the commissioner of transportation for
preliminary and final design, engineering, environmental analysis, acquisition
of permanent easements and rights-of-way, and construction of a box culvert
underpass at marked U.S. Highway 52 and Dakota County Road 6 near the Hmong
American Farmers Association. This is a
onetime appropriation and is available until June 30, 2027.
Subd. 8. Third
Street/Kellogg Boulevard Bridge; St. Paul. $3,500,000 in fiscal year 2024 is
appropriated from the general fund to the commissioner of transportation for a
grant to the city of St. Paul for the Third Street/Kellogg Boulevard
bridge project. This appropriation is in
addition to the appropriation for the same purpose in Laws 2020, Fifth Special
Session chapter 3, article 1, section 16, subdivision 19, and in addition to
any other appropriations for the same purpose enacted in the 2023 legislative
session. This is a onetime appropriation
and is available until June 30, 2027.
Subd. 9. Trunk
Highway 36 interchange; Washington County.
$5,000,000 in fiscal year 2024 is appropriated from the general
fund to the commissioner of transportation for a grant to Washington County for
predesign, design, property acquisition, and construction of a new interchange
at marked Trunk Highway 36 and
Washington County State-Aid
Highway 17, known as Lake Elmo Avenue, in Washington County. This appropriation is in addition to any
other appropriations for the same purpose enacted in the 2023 legislative
session. This is a onetime appropriation
and is available until June 30, 2027.
Subd. 10. U.S.
Highway 169/Trunk Highway 282 interchange; Jordan. $4,900,000 in fiscal year 2024 is
appropriated from the general fund to the commissioner of transportation for a
grant to Scott County for design and construction of local road improvements
associated with an interchange at marked U.S. Highway 169, marked Trunk Highway
282, and Scott County State-Aid Highway 9 in the city of Jordan, including
accommodations for bicycles and pedestrians, rail grade separation, road work,
and public utility relocations. This is
a onetime appropriation and is available until June 30, 2027.
Subd. 11. U.S.
Highway 169/109th Avenue North intersection; Hennepin County. $10,000,000 in fiscal year 2024 is
appropriated from the general fund to the commissioner of transportation for
one or more grants to the city of Brooklyn Park, the city of Champlin, or both,
for environmental documentation, preliminary engineering, right-of-way
acquisition, final design, and construction of local road portions of
intersection improvements at 109th Avenue North and marked U.S. Highway 169,
including: (1) associated frontage
roads, backage roads, and connecting local streets; and (2) any associated
water, sanitary sewer, and stormwater infrastructure improvements necessary or
required for the construction of the local road improvements portion of the
project. This is a onetime appropriation
and is available until June 30, 2027.
Subd. 12. U.S.
Highway 169 expansion; Itasca County.
$6,000,000 in fiscal year 2024 is appropriated from the trunk
highway fund to the commissioner of transportation for planning, predesign,
design, engineering, and environmental analysis and remediation of expansion of
marked U.S. Highway 169 from a two-lane to a four-lane divided highway between Taconite and Pengilly. This is a onetime appropriation and is
available until June 30, 2027.
Subd. 13. Trunk
Highway 5; Chanhassen. $20,000,000
in fiscal year 2024 is appropriated from the general fund to the commissioner
of transportation for a grant to Carver County to complete the preliminary
engineering, environmental documentation, final design, right-of-way
acquisition, and construction of improvements to marked Trunk Highway 5 from
Minnewashta Parkway to marked Trunk Highway 41 in the city of Chanhassen,
including mainline highway expansion, cross streets, off-street trails, a
bridge over Lake Minnewashta wetlands, utility relocations, and installations. This is a onetime appropriation and is
available until June 30, 2027.
Subd. 14. Accessible
facilities; certain cities. $5,000,000
in fiscal year 2024 is appropriated from the general fund to the commissioner
of transportation for grants to cities of the first class, as specified under
Minnesota Statutes, section 410.01, for construction of Americans with
Disabilities Act-accessible facilities in the public right‑of-way. The commissioner must consult with the cities
when determining the allocation of grant awards. This is a onetime appropriation and is
available until June 30, 2027.
Subd. 15. East
River Road; Coon Rapids. $1,000,000
in fiscal year 2024 is appropriated from the general fund to the commissioner
of transportation for a grant to the city of Coon Rapids, Anoka County, or
both, for design and right-of-way acquisition for interchange construction and
associated improvements to Anoka County State-Aid Highway 1 (East River Road)
at marked Trunk Highway 610 in the city of Coon Rapids. This appropriation is in addition to the
appropriation in Laws 2020, Fifth Special Session chapter 3, article 1, section
16, subdivision 3. This is a onetime
appropriation and is available until June 30, 2027.
Subd. 16. St. Louis
County State-Aid Highway 100; Aurora.
$3,000,000 in fiscal year 2024 is appropriated from the general
fund to the commissioner of transportation for one or more grants to St. Louis
County for predesign, design, engineering, environmental analysis and
mitigation, land acquisition, and reconstruction of St. Louis County
State-Aid Highway 100 (3rd Avenue North and Main Street) from marked Trunk
Highway 135 to St. Louis County State-Aid Highway 110 in the city of
Aurora. This is a onetime appropriation
and is available until June 30, 2027.
Subd. 17. Progress
Parkway; Eveleth. $6,000,000
in fiscal year 2024 is appropriated from the general fund to the commissioner
of transportation for one or more grants to St. Louis County for
predesign, design, engineering, environmental analysis and mitigation, land
acquisition, construction, and reconstruction of Progress Parkway to provide
for intersection improvements and road realignment and extension from marked U.S.
Highway 53 and St. Louis County State-Aid Highway 142 to marked Trunk
Highway 37 and Station 44 Road in the city of Eveleth. This is a onetime appropriation and is
available until June 30, 2027.
Subd. 18. Town
roads. $7,000,000 in fiscal
year 2024 is appropriated from the general fund to the commissioner of
transportation for a grant to a township with a population greater than 10,000
according to the last two federal decennial censuses. This appropriation is for the purposes
specified in Minnesota Statutes, section 162.081, subdivision 4.
Sec. 18. ACCOUNT
USE FOR CERTAIN APPROPRIATIONS.
(a) If an appropriation
in fiscal year 2024 or thereafter from the vehicle services operating account
under Minnesota Statutes, section 299A.705, subdivision 1, or from the driver
services operating account under Minnesota Statutes, section 299A.705, subdivision
2, is enacted during the 2023 regular legislative session, the appropriation is
instead from the driver and vehicle services operating account as provided
under article 4, section 82.
(b) Notwithstanding
Minnesota Statutes, section 645.26, subdivision 3, this section prevails for an
appropriation as provided under paragraph (a).
Sec. 19. APPROPRIATION
CANCELLATIONS.
(a) $4,797,000 of the appropriation in fiscal year 2022 for safe routes to school under Laws 2021, First Special Session chapter 5, article 1, section 2, subdivision 2, paragraph (c), is canceled to the general fund on June 29, 2023.
(b) $974,000 of the
appropriation from the general fund in fiscal year 2022 for freight under Laws
2021, First Special Session chapter 5, article 1, section 2, subdivision 2,
paragraph (e), is canceled to the general fund on June 29, 2023.
(c) $15,000 of the
appropriation in fiscal year 2022 and $15,000 of the appropriation in fiscal
year 2023 to the commissioner of employment and economic development from the
general fund under Laws 2021, First Special Session chapter 5, article 1,
section 7, is canceled to the general fund on June 29, 2023.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 20. TRANSFERS.
(a) $152,650,000 in
fiscal year 2024 is transferred from the general fund to the trunk highway fund
for the state match for highway formula and discretionary grants under the
federal Infrastructure Investment and Jobs Act, Public Law 117-58, and for
related state investments.
(b) $19,500,000 in fiscal year 2024 and $19,500,000 in fiscal year 2025 are transferred from the general fund to the active transportation account under Minnesota Statutes, section 174.38. The base for this transfer is $8,875,000 in fiscal year 2026 and $9,000,000 in fiscal year 2027.
(c) By June 30, 2023,
the commissioner of management and budget must transfer any remaining
unappropriated balance, estimated to be $232,000, from the driver services
operating account in the special revenue fund to the driver and vehicle
services operating account under Minnesota Statutes, section 299A.705.
(d) By June 30, 2023, the
commissioner of management and budget must transfer any remaining
unappropriated balance, estimated to be $13,454,000, from the vehicle services operating
account in the special revenue fund to the driver and vehicle services
operating account under Minnesota Statutes, section 299A.705.
EFFECTIVE DATE. Paragraphs
(c) and (d) are effective the day following final enactment.
ARTICLE 2
TRUNK HIGHWAY BONDS
Section 1. BOND
APPROPRIATIONS.
The sums shown in the
column under "Appropriations" are appropriated from the bond proceeds
account in the trunk highway fund to the commissioner of transportation or
other named entity to be spent for public purposes. Appropriations of bond proceeds must be spent
as authorized by the Minnesota Constitution, articles XI and XIV. Unless otherwise specified, money
appropriated in this article for a capital program or project may be used to
pay state agency staff costs that are attributed directly to the capital
program or project in accordance with accounting policies adopted by the
commissioner of management and budget.
SUMMARY |
||
Department of
Transportation |
|
$598,590,000 |
Department of
Management and Budget |
|
$610,000 |
TOTAL |
|
$599,200,000 |
|
|
|
|
|
APPROPRIATIONS |
Sec. 2. DEPARTMENT
OF TRANSPORTATION |
|
|
|
|
Subdivision 1. Corridors
of Commerce |
|
|
|
$153,000,000 |
(a) This appropriation is to the commissioner of transportation for the corridors of commerce program under Minnesota Statutes, section 161.088. The commissioner may use up to 17 percent of the amount for program delivery.
(b) This appropriation is
available in the amounts of:
(1) $8,000,000 in fiscal
year 2024;
(2) $72,500,000 in fiscal
year 2025; and
(3) $72,500,000 in fiscal
year 2026.
(c) From this
appropriation, the commissioner must select projects using (1) the results of
the spring 2023 evaluation for the corridors of commerce program, and (2) the
regional balance requirements as provided
under Minnesota Statutes, section 161.088, subdivision 4a.
(d) The appropriation in this
subdivision cancels as specified under Minnesota Statutes, section 16A.642,
except that the commissioner of management and budget must count the start of
authorization for issuance of state bonds as the first day of the fiscal year
during which the bonds are available to be issued as specified under paragraph
(b), and not as the date of enactment of this section.
Subd. 2. State
Road Construction |
|
|
|
200,000,000 |
(a) This appropriation is to the commissioner of transportation for construction, reconstruction, and improvement of trunk highways, including design-build contracts, internal department costs associated with delivering the construction program, and consultant usage to support these activities. The commissioner may use up to 17 percent of the amount for program delivery.
(b) This appropriation is
available in the amounts of:
(1) $67,000,000 in fiscal
year 2024;
(2) $67,000,000 in fiscal
year 2025; and
(3) $66,000,000 in fiscal year
2026.
(c) The appropriation in
this subdivision cancels as specified under Minnesota Statutes, section
16A.642, except that the commissioner of management and budget must count the
start of authorization for issuance of state bonds as the first day of the fiscal
year during which the bonds are available to be issued as specified under
paragraph (b), and not as the date of enactment of this section.
Subd. 3. Transportation Facilities Capital Improvements |
|
|
87,440,000 |
This appropriation is for
capital improvements to Department of Transportation facilities. The improvements must: (1) support the programmatic mission of the
department; (2) extend the useful life of existing buildings; or (3) renovate
or construct facilities to meet the department's current and future operational
needs.
Subd. 4. Trunk
Highway 65; Anoka County |
|
|
|
68,750,000 |
This appropriation is for
one or more grants to the city of Blaine, Anoka County, or both for the
predesign, right-of-way acquisition, design, engineering, and construction of
intersection improvements along Trunk Highway 65 at 99th Avenue Northeast;
105th Avenue Northeast; Anoka County State-Aid Highway 12; 109th Avenue
Northeast; 117th Avenue Northeast; and the associated frontage roads and
backage roads within the trunk highway system.
Subd. 5.
U.S. Highway 10; Coon Rapids
|
|
|
|
30,000,000 |
This appropriation is for a
grant to Anoka County for preliminary engineering, environmental analysis,
final design, right-of-way acquisition, construction, and construction
administration of a third travel lane in each direction of marked U.S. Highway
10 from east of the interchange with Hanson Boulevard to Round Lake Boulevard
in the city of Coon Rapids.
Subd. 6. Trunk
Highway 61; Two Harbors |
|
|
|
11,000,000 |
This appropriation is for
the preliminary engineering, environmental analysis, final design, right-of-way
acquisition, and construction of marked Trunk Highway 61 through the city of
Two Harbors in Lake County. This
appropriation does not require a nonstate contribution.
Subd. 7. U.S.
Highway 169 Interchange; Scott County |
|
|
|
4,200,000 |
This appropriation is for a
grant to Scott County to design and construct trunk highway improvements
associated with an interchange at U.S. Highway 169, marked Trunk Highway 282,
and Scott County State-Aid Highway 9 in the city of Jordan, including
accommodations for bicycles and pedestrians and for bridge and road
construction.
Subd. 8. Trunk
Highway 3 Roundabout; Rosemount |
|
|
|
2,200,000 |
This appropriation is for design, engineering, planning, right-of-way
acquisition, and construction of a roundabout on marked Trunk Highway 3 at the
intersection with 142nd Street West in the city of Rosemount.
Subd. 9. U.S.
Highway 8; Chisago County |
|
|
|
42,000,000 |
This appropriation is for a
grant to Chisago County for predesign, design, engineering, and reconstruction
of marked U.S. Highway 8 from Karmel Avenue in Chisago City to marked
Interstate Highway 35, including pedestrian and bike trails along and crossings
of this segment of marked U.S. Highway 8.
The reconstruction project may include expanding segments of marked U.S.
Highway 8 to four lanes, constructing or reconstructing frontage roads and
backage roads, and realigning local roads to consolidate, remove, and relocate
access onto and off of U.S. Highway 8. This
appropriation is for the portion of the project that is eligible for use of
proceeds of trunk highway bonds. This
appropriation is not available until the commissioner of management and budget
determines that sufficient resources have been committed from nonstate sources
to complete the project.
Sec. 3. BOND SALE EXPENSES |
|
|
|
$610,000 |
(a) This appropriation is
to the commissioner of management and budget for bond sale expenses under Minnesota
Statutes, sections 16A.641, subdivision 8, and 167.50, subdivision 4.
(b) This appropriation is
available in the amounts of:
(1) $330,000 in fiscal year
2024;
(2) $140,000 in fiscal year
2025; and
(3) $140,000 in fiscal year
2026.
Sec. 4. BOND
SALE AUTHORIZATION. |
|
|
|
|
To provide the money
appropriated in this article from the bond proceeds account in the trunk
highway fund, the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to $599,200,000 in the manner, upon the
terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to
167.52, and by the Minnesota Constitution, article XIV, section 11, at the
times and in the amounts requested by the commissioner of transportation. The proceeds of the bonds, except accrued
interest and any premium received from the sale of the bonds, must be deposited
in the bond proceeds account in the trunk highway fund.
ARTICLE 3
TAXATION
Section 1. [41A.30]
SUSTAINABLE AVIATION FUEL; TAX CREDITS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Aircraft"
has the meaning given in section 296A.01, subdivision 3.
(c) "Aviation
gasoline" has the meaning given in section 296A.01, subdivision 7.
(d)
"Commissioner" means the commissioner of agriculture.
(e) "Jet fuel"
has the meaning given in section 296A.01, subdivision 8.
(f) "Qualifying
taxpayer" means a taxpayer, as defined in section 290.01, subdivision 6,
that is engaged in the business of:
(1) producing
sustainable aviation fuel; or
(2) blending sustainable
aviation fuel with aviation gasoline or jet fuel.
(g) "Sustainable
aviation fuel" means liquid fuel that:
(1) is derived from
biomass, as defined in section 41A.15, subdivision 2e;
(2) is not derived from
palm fatty acid distillates; and
(3) achieves at least a 50
percent life cycle greenhouse gas emissions reduction in comparison with
petroleum‑based aviation gasoline, aviation turbine fuel, and jet fuel as
determined by a test that shows:
(i) that the fuel
production pathway achieves at least a 50 percent life cycle greenhouse gas
emissions reduction in comparison with petroleum-based aviation gasoline,
aviation turbine fuel, and jet fuel utilizing the most recent version of
Argonne National Laboratory's Greenhouse Gases, Regulated Emissions, and Energy
Use in Technologies (GREET) model that accounts for reduced emissions
throughout the fuel production process; or
(ii) that the fuel
production pathway achieves at least a 50 percent reduction of the aggregate
attributional core life cycle emissions and the positive induced land use
change values under the life cycle methodology for sustainable aviation fuels adopted by the International Civil Aviation
Organization with the agreement of the United States.
Subd. 2. Tax
credit establishment. (a) A
qualifying taxpayer may claim a tax credit against the tax due under chapter
290 equal to $1.50 for each gallon of sustainable aviation fuel that is:
(1) produced in
Minnesota or blended with aviation or gasoline or jet fuel in Minnesota; and
(2) sold in Minnesota to
a purchaser who certifies that the sustainable aviation fuel is for use as fuel
in an aircraft departing from an airport in Minnesota.
(b) The credit may be
claimed only after approval and certification by the commissioner and is
limited to the amount stated on the credit certificate issued under subdivision
3. A qualifying taxpayer must apply to
the commissioner for certification and allocation of a credit in a form and
manner prescribed by the commissioner.
(c) A qualifying
taxpayer may claim a credit for blending or producing sustainable aviation
fuel, but not both. If sustainable
aviation fuel is blended with aviation gasoline or jet fuel, the credit is
allowed only for the portion of sustainable aviation fuel that is included in
the blended fuel.
(d) If the amount of
credit that the taxpayer is eligible to receive under this section exceeds the
liability for tax under chapter 290, the commissioner of revenue must refund
the excess to the taxpayer.
Subd. 3. Credit
certificates. (a) A business
must apply to the commissioner to be eligible for a credit certificate as a
qualifying taxpayer within two months after the close of its taxable year for
all sustainable aviation fuel sold under subdivision 2, paragraph (a), in the
taxable year. The application must be in
the form and be made under the procedures specified by the commissioner and
must include:
(1) evidence of
production or blending in Minnesota required under subdivision 2, paragraph
(a), clause (1); and
(2) a purchaser's
certification that the sustainable aviation fuel is for use as fuel in an
aircraft departing from an airport in Minnesota, as required under subdivision
2, paragraph (a), clause (2).
(b) Within 30 days of
receiving an application for certification under this subdivision, the
commissioner must:
(1) issue a credit
certificate under paragraph (c);
(2) request additional
information from the business; or
(3) reject the
application for certification.
If the commissioner requests
additional information from the business, the commissioner must either issue a
credit certificate or reject the application within 30 days of receiving the
additional information. If a business
fails to submit the additional information within 30 days or if the
commissioner neither issues a credit certificate within 30 days of
receiving the original application or within 30 days of receiving the
additional information requested, whichever is later, the application is deemed
rejected.
(c) A credit certificate
must state:
(1) the fiscal year for
which the credit certificate is issued;
(2) the amount of the
tax credit; and
(3) the taxable year for
which the taxpayer may claim the tax credit under section 290.0688.
Subd. 4. Duties. (a) The commissioner must certify
qualifying taxpayers as eligible for the tax credit under subdivision 2 and
issue credit certificates under subdivision 3 subject to the allocation limits
under subdivision 5.
(b) Notwithstanding any
other law to the contrary, the commissioner must share information with the
commissioner of revenue to the extent necessary to administer the provisions
under this section and section 290.0688.
For credit certificates issued under subdivision 3, the commissioner
must notify the commissioner of revenue of the issuance within 30 days.
(c) Applications for
credit certificates must be made available on the department's website by July
1 of each year identified under subdivision 5.
(d) The commissioner
must allocate credit certificates on a first-come, first-served basis beginning
on August 1 of each year listed under subdivision 5.
Subd. 5. Allocation
limits. (a) For tax credits
allowed under subdivision 2, the commissioner must not issue credit
certificates for more than:
(1) $7,400,000 for
fiscal year 2025; and
(2) $2,100,000 for each
of fiscal years 2026 and 2027.
(b) If the entire amount
authorized under paragraph (a) is not allocated in fiscal year 2025 or 2026,
any remaining amount is available for allocation through fiscal year 2030 until
the entire allocation has been made. The
commissioner must not issue any credit certificates for fiscal years beginning
after June 30, 2030, and any unallocated amounts cancel on that date.
Subd. 6. Appeals. (a) Any decision of the commissioner
under this section may be challenged as a contested case under chapter 14. The contested case proceeding must be
initiated within 60 days of the date of written notification by the
commissioner.
(b) If a taxpayer
challenges a decision of the commissioner under this subdivision, upon
perfection of the appeal, the commissioner must notify the commissioner of
revenue of the challenge within five days.
(c) Nothing in this
subdivision affects the commissioner of revenue's authority to audit, review,
correct, or adjust returns claiming the credit.
(d) The commissioner may not
hold credit amounts in reserve pending any contested case hearing under this
subdivision.
Subd. 7. Expiration. This section expires for taxable years
beginning after December 31, 2030.
EFFECTIVE DATE. This
section is effective for taxable years beginning after December 31, 2023, for
sustainable aviation fuel sold after June 30, 2024, and before July 1, 2030.
Sec. 2. [162.146]
LARGER CITIES ASSISTANCE ACCOUNT.
Subdivision 1. Larger
cities assistance account; appropriation.
(a) A larger cities assistance account is created in the special
revenue fund. The account consists of
funds under section 174.49, subdivision 3, and as provided by law and any other
money donated, allotted, transferred, or otherwise provided to the account.
(b) Money in the account
is annually appropriated to the commissioner of transportation for
apportionment among all the cities that are eligible to receive municipal state
aid under sections 162.09 to 162.14.
Subd. 2. Allocation
formula. The commissioner
must apportion funds in the larger cities assistance account as follows:
(1) 50 percent of the
funds proportionally based on each city's share of population, as defined in
section 477A.011, subdivision 3, compared to the total population of all cities
that are eligible to receive municipal state aid under sections 162.09 to
162.14; and
(2) 50 percent of the
funds proportionally based on each city's share of money needs, as determined
under section 162.13, subdivision 3, compared to the total money needs of all
cities that are eligible to receive municipal state aid under sections 162.09
to 162.14.
Sec. 3. Minnesota Statutes 2022, section 163.051, subdivision 1, is amended to read:
Subdivision 1. Tax authorized. (a) Except as provided in paragraph (c), the board of commissioners of each county is authorized to levy by resolution a wheelage tax at the rate specified in paragraph (b), on each motor vehicle that is kept in such county when not in operation and that is subject to annual registration and taxation under chapter 168. The board may provide by resolution for collection of the wheelage tax by county officials or it may request that the tax be collected by the state registrar of motor vehicles. The state registrar of motor vehicles shall collect such tax on behalf of the county if requested, as provided in subdivision 2.
(b) The wheelage tax under this section is at the rate of up to $20 per year, in any increment of a whole dollar, as specified by each county that authorizes the tax.
(c) The following vehicles are exempt from the wheelage tax:
(1) motorcycles, as defined in section 169.011, subdivision 44;
(2) motorized bicycles, as
defined in section 169.011, subdivision 45; and
(3) motorized foot scooters,
as defined in section 169.011, subdivision 46.; and
(4) vehicles that meet
the requirements under section 168.012, subdivision 13.
(d) For any county that authorized the tax prior to May 24, 2013, the wheelage tax continues at the rate provided under paragraph (b).
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to taxes
payable for a registration period starting on or after January 1, 2024.
Sec. 4. Minnesota Statutes 2022, section 168.012, is amended by adding a subdivision to read:
Subd. 13. Vehicles
registered by certain veterans. (a)
A passenger automobile, one-ton pickup truck, motorcycle, or recreational
vehicle registered by a veteran with a total service-connected disability, as
defined in section 171.01, subdivision 51, is not subject to:
(1) registration taxes
under this chapter;
(2) administrative fees
imposed under subdivision 1c;
(3) filing fees and
surcharges imposed under section 168.33, subdivision 7; or
(4) plate and validation
sticker fees imposed under this chapter, including but not limited to:
(i) fees under section
168.12, subdivision 5;
(ii) fees identified in
any section authorizing special plates; and
(iii) transfer fees.
(b) The exemptions under
this subdivision apply to a motor vehicle that is jointly registered by a
qualifying veteran and a spouse or domestic partner.
(c) The fees identified
under paragraph (a), clause (4), do not include:
(1) a fee for
personalized plates under section 168.12, subdivision 2a; or
(2) a required
contribution or donation for a special plate, including but not limited to a
contribution under sections 168.1255, subdivision 1, clause (6); 168.1258,
subdivision 1, clause (4); 168.1259, subdivision 2, clause (5); 168.1287,
subdivision 1, clause (5); 168.129, subdivision 1, clause (5); 168.1295,
subdivision 1, paragraph (a), clause (5); 168.1296, subdivision 1, paragraph
(a), clause (5); and 168.1299, subdivision 1, clause (3).
(d) A qualifying veteran
may register no more than two motor vehicles at the same time with the
exemptions under this subdivision. Nothing
in this paragraph prevents registration of additional motor vehicles as
otherwise provided in this chapter.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to taxes and
fees payable for a registration period starting on or after January 1, 2024.
Sec. 5. Minnesota Statutes 2022, section 168.013, subdivision 1a, is amended to read:
Subd. 1a. Passenger automobile; hearse. (a) On passenger automobiles as defined in section 168.002, subdivision 24, and hearses, except as otherwise provided, the registration tax is calculated as $10 plus:
(1) for a vehicle initially
registered in Minnesota prior to November 16, 2020, 1.25 1.54
percent of the manufacturer's suggested retail price of the vehicle and the
destination charge, subject to the adjustments in paragraphs (f) and (g); or
(2) for a vehicle initially
registered in Minnesota on or after November 16, 2020, 1.285 1.575
percent of the manufacturer's suggested retail price of the vehicle, subject to
the adjustments in paragraphs (f) and (g).
(b) The registration tax calculation must not include the cost of each accessory or item of optional equipment separately added to the vehicle and the manufacturer's suggested retail price. The registration tax calculation must not include a destination charge, except for a vehicle previously registered in Minnesota prior to November 16, 2020.
(c) In the case of the first registration of a new vehicle sold or leased by a licensed dealer, the dealer may elect to individually determine the registration tax on the vehicle using manufacturer's suggested retail price information provided by the manufacturer. The registrar must use the manufacturer's suggested retail price determined by the dealer as provided in paragraph (d). A dealer that elects to make the determination must retain a copy of the manufacturer's suggested retail price label or other supporting documentation with the vehicle transaction records maintained under Minnesota Rules, part 7400.5200.
(d) The registrar must determine the manufacturer's suggested retail price:
(1) using list price information published by the manufacturer or any nationally recognized firm or association compiling such data for the automotive industry;
(2) if the list price information is unavailable, using the amount determined
by a licensed dealer under paragraph (c);
(3) if a dealer does not determine the amount, using the retail price label as provided by the manufacturer under United States Code, title 15, section 1232; or
(4) if the retail price label is not available, using the actual sales price of the vehicle.
If the registrar is unable to ascertain the manufacturer's suggested retail price of any registered vehicle in the foregoing manner, the registrar may use any other available source or method.
(e) The registrar must calculate the registration tax using information available to dealers and deputy registrars at the time the initial application for registration is submitted.
(f) The amount under paragraph (a), clauses (1) and (2), must be calculated based on a percentage of the manufacturer's suggested retail price, as follows:
(1) during the first year of vehicle life, upon 100 percent of the price;
(2) for the second
year, 90 95 percent of the price;
(3) for the third
year, 80 90 percent of the price;
(4) for the fourth
year, 70 80 percent of the price;
(5) for the fifth
year, 60 70 percent of the price;
(6) for the sixth
year, 50 60 percent of the price;
(7) for the seventh
year, 40 50 percent of the price;
(8) for the eighth
year, 30 40 percent of the price;
(9) for the ninth year, 20
25 percent of the price; and
(10) for the tenth year, ten percent of the price.
(g) For the 11th and each
succeeding year, the amount under paragraph (a), clauses (1) and (2), must be
calculated as $25 $20.
(h) Except as provided in subdivision 23, for any vehicle previously registered in Minnesota and regardless of prior ownership, the total amount due under this subdivision and subdivision 1m must not exceed the smallest total amount previously paid or due on the vehicle.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to taxes
payable for a registration period starting on or after January 1, 2024.
Sec. 6. Minnesota Statutes 2022, section 168.33, subdivision 7, is amended to read:
Subd. 7. Filing
fees; allocations. (a) In addition
to all other statutory fees and taxes, a filing fee of:
(1) $7 an $8
filing fee is imposed on every vehicle registration renewal, excluding pro
rate transactions; and
(2) $11 a $12
filing fee is imposed on every other type of vehicle transaction, including
motor carrier fuel licenses under sections 168D.05 and 168D.06, and pro rate
transactions.
(b) Notwithstanding paragraph (a):
(1) a filing fee may not be charged for a document returned for a refund or for a correction of an error made by the Department of Public Safety, a dealer, or a deputy registrar; and
(2) no filing fee or other fee may be charged for the permanent surrender of a title for a vehicle.
(c) The filing fee must be shown as a separate item on all registration renewal notices sent out by the commissioner.
(d) The statutory fees and
taxes, and the filing fees imposed under paragraph (a), and the
surcharge imposed under paragraph (f) may be paid by credit card or debit
card. The deputy registrar may collect a
surcharge on the statutory fees, taxes, and filing fee payment made
under this paragraph not greater than the cost of processing a credit card
or debit card transaction, in accordance with emergency rules established by
the commissioner of public safety. The
surcharge authorized by this paragraph must be used to pay the cost of
processing credit and debit card transactions.
(e) The fees collected
under this subdivision paragraph (a) by the department must be
allocated as follows:
(1) of the fees collected under paragraph (a), clause (1):
(i) $5.50 $6.50
must be deposited in the driver and vehicle services operating account under
section 299A.705, subdivision 1; and
(ii) $1.50 must be deposited in the driver and vehicle services technology account under section 299A.705, subdivision 3; and
(2) of the fees collected under paragraph (a), clause (2):
(i) $3.50 must be deposited in the general fund;
(ii) $6.00 $7
must be deposited in the driver and vehicle services operating account under
section 299A.705, subdivision 1; and
(iii) $1.50 must be deposited in the driver and vehicle services technology account under section 299A.705, subdivision 3.
(f) In addition to all
other statutory fees and taxes, a deputy registrar must assess a $1 surcharge
on every transaction for which filing fees are collected under this subdivision. The surcharge authorized by this paragraph
must be (1) deposited in the treasury of the place for which the deputy
registrar is appointed, or (2) if the deputy registrar is not a public
official, retained by the deputy registrar.
For purposes of this paragraph, a deputy registrar does not include the
commissioner.
EFFECTIVE DATE. This section is effective October 1, 2023, except
that paragraph (f) is effective January 1, 2024.
Sec. 7. Minnesota Statutes 2022, section 168A.29, is amended by adding a subdivision to read:
Subd. 4. Exemption;
vehicles for certain veterans. The
department must not impose any fee under subdivision 1 if the certificate of
title is being issued to a person and for a vehicle that meets the requirements
under section 168.012, subdivision 13.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 8. [168E.01]
DEFINITIONS.
Subdivision 1. Scope. As used in this chapter, the following
terms have the meanings given.
Subd. 2. Accessories
and supplies. "Accessories
and supplies" has the meaning given in section 297A.67, subdivision 7a.
Subd. 3. Baby
products. "Baby
products" means breast pumps, baby bottles and nipples, pacifiers,
teething rings, infant syringes, baby wipes, cribs and bassinets, crib and
bassinet mattresses, crib and bassinet sheets, changing tables, changing pads,
strollers, car seats and car seat bases, baby swings, bottle sterilizers, and
infant eating utensils.
Subd. 4. Clothing. "Clothing" has the meaning
given in section 297A.67, subdivision 8.
Subd. 5. Commissioner. "Commissioner" means the
commissioner of revenue.
Subd. 6. Drugs
and medical devices. "Drugs
and medical devices" has the meaning given in section 297A.67, subdivision
7.
Subd. 7. Food
and beverage service establishment. "Food
and beverage service establishment" has the meaning given in section
157.15, subdivision 5.
Subd. 8. Food
and food ingredients. "Food
and food ingredients" has the meaning given in section 297A.67,
subdivision 2.
Subd. 9. Marketplace
provider. "Marketplace
provider" has the meaning given in section 297A.66, subdivision 1,
paragraph (d).
Subd. 10. Person. "Person" has the meaning
given in section 297A.61, subdivision 2.
Subd. 11. Prepared
food. "Prepared
food" has the meaning given in section 297A.61, subdivision 31.
Subd. 12. Retail
delivery. (a) "Retail
delivery" means a delivery to a person located in Minnesota of the
following items as part of a retail sale:
(1) tangible personal
property that is subject to taxation under chapter 297A; and
(2) clothing, as defined
under section 297A.67, subdivision 8, excluding cloth and disposable child and
adult diapers.
(b) Retail delivery does
not include pickup at the retailer's place of business, including curbside
delivery.
Subd. 13. Retail
delivery fee. "Retail
delivery fee" means the fee imposed under section 168E.03 on retail
deliveries.
Subd. 14. Retail
sale. "Retail sale"
has the meaning given in section 297A.61, subdivision 4.
Subd. 15. Retailer. "Retailer" means any person
making sales, leases, or rental of personal property or services within or into
the state of Minnesota. Retailer
includes a:
(1) retailer maintaining
a place of business in this state;
(2) marketplace provider
maintaining a place of business in this state, as defined in section 297A.66,
subdivision 1, paragraph (a);
(3) retailer not
maintaining a place of business in this state; and
(4) marketplace provider
not maintaining a place of business in this state, as defined in section
297A.66, subdivision 1, paragraph (b).
Subd. 16. Tangible
personal property. "Tangible
personal property" has the meaning given in section 297A.61, subdivision
10.
Subd. 17. Threshold
amount. "Threshold
amount" means $100, before application of the tax imposed under section
297A.62, subdivisions 1 and 1a, and any applicable local sales and use taxes,
and excluding exempt items under section 168E.05.
EFFECTIVE DATE. This
section is effective July 1, 2024.
Sec. 9. [168E.03]
FEE IMPOSED.
Subdivision 1. Retail
delivery fee imposed. (a) A
fee is imposed on each retailer equal to 50 cents on each transaction that
equals or exceeds the threshold amount involving retail delivery in Minnesota. The retailer may, but is not required to,
collect the fee from the purchaser. If
separately stated on the invoice, bill of sale, or similar document given to
the purchaser, the fee is excluded from the sales price for purposes of the tax
imposed under chapter 297A.
(b) If the retailer collects
the fee from the purchaser:
(1) the retail delivery
fee must be charged in addition to any other delivery fee; and
(2) the retailer must
show the total of the retail delivery fee and other delivery fees as separate
items and distinct from the sales price and any other taxes or fees imposed on
the retail delivery on the purchaser's receipt, invoice, or other bill of sale. The receipt, invoice, or other bill of sale
must state the retail delivery fee as "road improvement and food delivery
fee."
Subd. 2. Multiple
items or shipments. The fee
imposed under subdivision 1 is imposed once per transaction regardless of the
number of shipments necessary to deliver the items of tangible personal
property purchased or of the number of items of tangible personal property
purchased.
Subd. 3. Returns
and cancellations. The fee
imposed under subdivision 1 is nonrefundable if any or all items purchased are
returned to a retailer or if the retailer provides a refund or credit in the
amount equal to or less than the purchase price. The fee must be refunded to the purchaser if
the retail delivery is canceled by the purchaser, retailer, or delivery
provider.
EFFECTIVE DATE. This
section is effective July 1, 2024.
Sec. 10. [168E.05]
EXEMPTIONS.
Subdivision 1. Transactions. The following retail deliveries are
exempt from the fee imposed by this chapter:
(1) a retail delivery to
a purchaser who is exempt from tax under chapter 297A;
(2) a retail delivery on
a motor vehicle for which a permit issued by the commissioner of transportation
or a road authority is required under chapter 169 or 221 and the retailer has
maintained books and records through reasonable and verifiable standards that
the retail delivery was on a qualifying vehicle;
(3) a retail delivery
resulting from a retail sale of food and food ingredients or prepared food;
(4) a retail delivery
resulting from a retail sale by a food and beverage service establishment,
regardless of whether the retail delivery is made by a third party other than
the food and beverage service establishment; and
(5) a retail delivery
resulting from a retail sale of drugs and medical devices, accessories and
supplies, or baby products.
Subd. 2. Small
businesses. (a) The fee
imposed by this chapter and the requirements of this chapter do not apply to:
(1) a retailer that made
retail sales totaling less than $1,000,000 in the previous calendar year; and
(2) a marketplace
provider when facilitating the sale of a retailer that made retail sales
totaling less than $100,000 in the previous calendar year through the
marketplace provider.
(b) A retailer or
marketplace provider must begin collecting and remitting the delivery fee to
the commissioner on the first day of a calendar month occurring no later than
60 days after the retailer or marketplace provider exceeds a retail sales
threshold in paragraph (a).
EFFECTIVE DATE. This
section is effective July 1, 2024.
Sec. 11. [168E.07]
COLLECTION AND ADMINISTRATION.
Subdivision 1. Returns;
payment of fees. (a) A retailer
must report the fee on a return prescribed by the commissioner and must remit
the fee with the return. The return and
fee must be filed and paid using the filing cycle and due dates provided for
taxes imposed under chapter 297A.
Subd. 2. Collection
and remittance. A retailer
that collects the fee from the purchaser must collect the fee in the same
manner as the tax collected under chapter 297A.
A retailer using a third-party entity to collect and remit the tax
imposed under chapter 297A may elect to have that third-party entity collect
and remit the fee imposed under this chapter.
Subd. 3. Administration. Unless specifically provided otherwise
by this chapter, the audit, assessment, refund, penalty, interest, enforcement,
collection remedies, appeal, and administrative provisions of chapters 270C and
289A, that are applicable to taxes imposed under chapter 297A, apply to the fee
imposed under this chapter.
Subd. 4. Interest
on overpayments. The
commissioner must pay interest on an overpayment refunded or credited to the
retailer from the date of payment of the fee until the date the refund is paid
or credited. For purposes of this
subdivision, the date of payment is the due date of the return or the date of
actual payment of the fee, whichever is later.
EFFECTIVE DATE. This
section is effective July 1, 2024.
Sec. 12. [168E.09]
DEPOSIT OF PROCEEDS.
Subdivision 1. Costs
deducted. The commissioner
must retain an amount that does not exceed the total cost of collecting,
administering, and enforcing the retail delivery fee and must deposit the
amount in the revenue department service and recovery special revenue fund.
Subd. 2. Deposits. After deposits under subdivision 1,
the commissioner must deposit the balance of proceeds from the retail delivery
fee in the transportation advancement account under section 174.49.
EFFECTIVE DATE. This
section is effective July 1, 2024.
Sec. 13. Minnesota Statutes 2022, section 171.01, is amended by adding a subdivision to read:
Subd. 51. Veteran
with a total service-connected disability.
"Veteran with a total service-connected disability"
means a veteran, as defined in section 197.447, who provides to the
commissioner satisfactory evidence that:
(1) is issued by the Department of Veterans Affairs, the United States
Veterans Administration, or the retirement board of one of the several branches
of the armed forces; and (2) demonstrates that the veteran has received a 100
percent total and permanent service-connected disability rating.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 14. Minnesota Statutes 2022, section 171.06, subdivision 2, is amended to read:
Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are as follows:
From August 1, 2019, to June 30, 2022, The
fee is increased by $0.75 for REAL ID compliant or noncompliant classified
driver's licenses, REAL ID compliant or noncompliant classified under-21
driver's licenses, and enhanced driver's licenses.
(b) In addition to each fee
required in paragraph (a), the commissioner shall must collect a
surcharge of $2.25. Surcharges collected
under this paragraph must be credited to the driver and vehicle services
technology account under section 299A.705.
(c) Notwithstanding paragraph
(a), an individual who holds a provisional license and has a driving record
free of (1) convictions for a violation of section 169A.20, 169A.33, 169A.35,
sections 169A.50 to 169A.53, or section 171.177, (2) convictions for crash-related
moving violations, and (3) convictions for moving violations that are not crash
related, shall have has a $3.50 credit toward the fee for any
classified under-21 driver's license. "Moving
violation" has the meaning given it in section 171.04, subdivision 1.
(d) In addition to the
driver's license fee required under paragraph (a), the commissioner shall
must collect an additional $4 processing fee from each new applicant or
individual renewing a license with a school bus endorsement to cover the costs
for processing an applicant's initial and biennial physical examination
certificate. The department shall
must not charge these applicants any other fee to receive or renew the
endorsement.
(e) In addition to the fee required under paragraph (a), a driver's license agent may charge and retain a filing fee as provided under section 171.061, subdivision 4.
(f) In addition to the fee
required under paragraph (a), the commissioner shall must charge
a filing fee at the same amount as a driver's license agent under section
171.061, subdivision 4. Revenue
collected under this paragraph must be deposited in the driver and vehicle
services operating account under section 299A.705.
(g) An application for a Minnesota identification card, instruction permit, provisional license, or driver's license, including an application for renewal, must contain a provision that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes of public information and education on anatomical gifts under section 171.075.
EFFECTIVE DATE. This section is effective July 1, 2023, and
applies to applications made on or after that date.
Sec. 15. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to read:
Subd. 2c. Exemption;
certain veterans. For an
applicant who is a veteran with a total service-connected disability, the
commissioner must not impose:
(1) a license or
endorsement fee, including fees and surcharges specified under:
(i) subdivisions 2 and
2a; and
(ii) section 171.02,
subdivision 3;
(2) a filing fee under
subdivision 2 or section 171.061, subdivision 4; or
(3) a fee for an
identification card under section 171.07, subdivision 3 or 3a.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 16. Minnesota Statutes 2022, section 171.061, subdivision 4, is amended to read:
Subd. 4. Fee;
equipment. (a) The agent may charge
and retain a filing fee of $8 for each application. as
follows:
(1) |
New application
for a noncompliant, REAL ID-compliant, or enhanced driver's license or identification card |
|
$16.00 |
(2) |
Renewal
application for a noncompliant, REAL ID-compliant, or enhanced driver's license or identification card |
|
$11.00 |
Except as provided in
paragraph (c), the fee shall must cover all expenses involved in
receiving, accepting, or forwarding to the department the applications and fees
required under sections 171.02, subdivision 3; 171.06, subdivisions 2 and 2a;
and 171.07, subdivisions 3 and 3a.
(b) The statutory fees and
the filing fees imposed under paragraph (a) may be paid by credit card or debit
card. The driver's license agent may
collect a convenience fee on the statutory fees and filing fees not greater
than the cost of processing a credit card or debit card transaction. The convenience fee must be used to pay the
cost of processing credit card and debit card transactions. The commissioner shall must
adopt rules to administer this paragraph using the exempt procedures of section
14.386, except that section 14.386, paragraph (b), does not apply.
(c) The department shall
must maintain the photo identification and vision examination
equipment for all agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
discontinuance of an existing agent, and if a new agent is appointed in an
existing office pursuant to Minnesota Rules, chapter 7404, and notwithstanding
the above or Minnesota Rules, part 7404.0400, the department shall provide and
maintain photo identification equipment without additional cost to a newly
appointed agent in that office if the office was provided the equipment by the
department before January 1, 2000. All
photo identification and vision examination equipment must be compatible
with standards established by the department.
(d) A filing fee retained by
the agent employed by a county board must be paid into the county treasury and
credited to the general revenue fund of the county. An agent who is not an employee of the county
shall must retain the filing fee in lieu of county employment or
salary and is considered an independent contractor for pension purposes,
coverage under the Minnesota State Retirement System, or membership in the
Public Employees Retirement Association.
(e) Before the end of the first working day following the final day of the reporting period established by the department, the agent must forward to the department all applications and fees collected during the reporting period except as provided in paragraph (d).
EFFECTIVE DATE. This section is effective October 1, 2023, and applies to applications made on or after that date.
Sec. 17. [174.49]
TRANSPORTATION ADVANCEMENT ACCOUNT.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b)
"Commissioner" means the commissioner of transportation.
(c) "Metropolitan
counties" means the following counties:
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Subd. 2. Transportation
advancement account. A
transportation advancement account is established in the special revenue fund. The account consists of funds under sections
168E.09, subdivision 2, and 297A.94, and as provided by law and any other money
donated, allotted, transferred, or otherwise provided to the account.
Subd. 3. Distribution. The commissioner must distribute or
transfer the funds in the transportation advancement account as follows:
(1) 36 percent to
metropolitan counties in the manner provided under subdivision 5;
(2) ten percent to the
county state-aid highway fund;
(3) 15 percent to the
larger cities assistance account under section 162.146, subdivision 1;
(4) 27 percent to the
small cities assistance account under section 162.145, subdivision 2;
(5) 11 percent to the
town road account under section 162.081; and
(6) one percent to the
food delivery support account under section 256.9752, subdivision 1a.
Subd. 4. Metropolitan
counties; appropriation. The
amount available in the transportation advancement account under subdivision 3,
clause (1), is annually appropriated to the commissioner for distribution to
metropolitan counties as provided under subdivision 5.
Subd. 5. Metropolitan
counties; allocation formula. The
commissioner must apportion any funds that are specified for distribution under
this subdivision as follows:
(1) 50 percent of the
funds proportionally based on each metropolitan county's share of population,
as defined in section 477A.011, subdivision 3, compared to the total population
of all metropolitan counties; and
(2) 50 percent of the funds
proportionally based on each metropolitan county's share of money needs, as
determined under section 162.07, subdivision 2, compared to the total money
needs of all metropolitan counties.
Subd. 6. Metropolitan
counties; use of funds. (a) A
metropolitan county must use funds that are received under subdivision 5 as
follows:
(1) 41.5 percent for
active transportation and transportation corridor safety studies;
(2) 41.5 percent for:
(i) repair, preservation,
and rehabilitation of transportation systems; and
(ii) roadway replacement
to reconstruct, reclaim, or modernize a corridor without adding traffic
capacity, except for auxiliary lanes with a length of less than 2,500 feet; and
(3) 17 percent for any of
the following:
(i) transit purposes,
including but not limited to operations, maintenance, capital maintenance,
demand response service, and assistance to replacement service providers under
section 473.388;
(ii) complete streets
projects, as provided under section 174.75; and
(iii) projects, programs,
or operations activities that meet the requirements of a mitigation action
under section 161.178, subdivision 4.
(b) Funds under paragraph
(a), clause (3), must supplement and not supplant existing sources of revenue.
Sec. 18. Minnesota Statutes 2022, section 239.761, is amended by adding a subdivision to read:
Subd. 10a. Sustainable
aviation fuel. Sustainable
aviation fuel, as defined in section 41A.30, subdivision 1, paragraph (g), must
comply with either:
(1) ASTM International
Standard Specification D7566; or
(2) the Fischer-Tropsch
provisions of ASTM International Standard Specification D1655, Annex A1.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 19. Minnesota Statutes 2022, section 256.9752, is amended by adding a subdivision to read:
Subd. 1a. Food
delivery support account; appropriation.
(a) A food delivery support account is established in the special
revenue fund. The account consists of
funds under section 174.49, subdivision 2, and as provided by law and any other
money donated, allotted, transferred, or otherwise provided to the account.
(b) Money in the account
is annually appropriated to the commissioner of human services for grants to
nonprofit organizations to provide transportation of home-delivered meals,
groceries, purchased food, or a combination, to Minnesotans who are experiencing
food insecurity and have difficulty obtaining or preparing meals due to limited
mobility, disability, age, or resources to prepare their own meals. A nonprofit organization must have a
demonstrated history of providing and distributing food customized for the
population that they serve.
(c) Grant funds under
this subdivision must supplement, but not supplant, any state or federal
funding used to provide prepared meals to Minnesotans experiencing food
insecurity.
Sec. 20. Minnesota Statutes 2022, section 270C.15, is amended to read:
270C.15 REVENUE DEPARTMENT SERVICE AND RECOVERY SPECIAL REVENUE FUND.
A Revenue Department service and recovery special revenue fund is created for the purpose of recovering the costs of furnishing government data and related services or products, as well as recovering costs associated with collecting local taxes on sales and the retail delivery fee established under chapter 168E. All money collected under this section is deposited in the Revenue Department service and recovery special revenue fund. Money in the fund is appropriated to the commissioner to reimburse the department for the costs incurred in administering the tax law or providing the data, service, or product. Any money paid to the department as a criminal fine for a violation of state revenue law that is designated by the court to fund enforcement of state revenue law is appropriated to this fund.
EFFECTIVE DATE. This
section is effective July 1, 2024.
Sec. 21. [290.0688]
CREDIT FOR SUSTAINABLE AVIATION FUEL.
Subdivision 1. Definitions. For purposes of this section, the
terms defined in section 41A.30, subdivision 1, have the meanings given, except
that "commissioner" means the commissioner of revenue.
Subd. 2. Credit
allowed. A qualifying
taxpayer is allowed a credit against the tax imposed by this chapter for
sustainable aviation fuel sold for use as fuel in an aircraft departing from an
airport in Minnesota. The credit equals
up to the amount and applies to the taxable year indicated on the credit
certificate issued to the qualifying taxpayer under section 41A.30.
Subd. 3. Partnerships;
multiple owners. Credits
granted to a partnership, a limited liability company taxed as a partnership,
an S corporation, or multiple owners of property are passed through to the
partners, members, shareholders, or owners, respectively, pro rata to each
partner, member, shareholder, or owner based on their share of the entity's
assets or as specially allocated in their organizational documents or any other
executed agreement, as of the last day of the taxable year.
Subd. 4. Credit
refundable. If the amount of
credit that a qualifying taxpayer is allowed under this section exceeds the
claimant's tax liability under this chapter, the commissioner must refund the
excess to the claimant.
Subd. 5. Audit. Notwithstanding the credit certificate
issued by the commissioner of agriculture under section 41A.30, the
commissioner may utilize any audit and examination powers under chapter 270C or
289A to the extent necessary to verify that
the taxpayer is eligible for the credit and to assess for the amount of any
improperly claimed credit.
Subd. 6. Appropriation. An amount sufficient to pay the
refunds required by this section is appropriated to the commissioner from the
general fund.
Subd. 7. Expiration. This section expires at the same time
and on the same terms as section 41A.30, subdivision 7, except that the
expiration of this section does not affect the commissioner of revenue's
authority to audit or power of examination and assessment for credits claimed
under this section.
EFFECTIVE DATE. This
section is effective for taxable years beginning after December 31, 2023, for
sustainable aviation fuel sold after June 30, 2024, and before July 1, 2030.
Sec. 22. Minnesota Statutes 2022, section 296A.07, subdivision 3, is amended to read:
Subd. 3. Rate of tax. (a) Subject to paragraph (b), the gasoline excise tax is imposed at the following rates:
(1) E85 is taxed at the rate of 17.75 cents per gallon;
(2) M85 is taxed at the rate of 14.25 cents per gallon; and
(3) all other gasoline is taxed at the rate of 25 cents per gallon.
(b) Annually on August
1, the commissioner must determine the tax rate applicable to the sale of E85,
M85, and all other gasoline subject to tax under this section for the upcoming
12-month period beginning on January 1. The
adjusted rate must equal the current rate, multiplied by one plus the
percentage increase, if any, in the Minnesota Highway Construction Cost Index
for the reference year. The tax rate
must be rounded to the nearest tenth of a cent.
Each of the tax rates for E85, M85, and all other gasoline must not be
lower than the respective rates specified in paragraph (a). Beginning with the calculation on August 1,
2025, the percentage change in each of the tax rates for E85, M85, and all
other gasoline as a result of the requirements under this paragraph must not
exceed three percent.
(c) For purposes of this
subdivision:
(1) the Minnesota
Highway Construction Cost Index is as determined by the commissioner of
transportation; and
(2) "reference
year" means the 12-month period ending on June 30 two years prior to the
year in which the calculation is made.
EFFECTIVE DATE. This
section is effective July 1, 2023, and applies for taxes imposed on or after
January 1, 2024.
Sec. 23. Minnesota Statutes 2022, section 296A.08, subdivision 2, is amended to read:
Subd. 2. Rate of tax. (a) Subject to paragraph (b), the special fuel excise tax is imposed at the following rates:
(a) (1) liquefied
petroleum gas or propane is taxed at the rate of 18.75 cents per gallon.;
(b) (2) liquefied
natural gas is taxed at the rate of 15 cents per gallon.;
(c) (3) compressed
natural gas is taxed at the rate of $1.974 per thousand cubic feet; or
25 cents per gasoline equivalent. For
purposes of this paragraph, "gasoline equivalent," as defined by the
National Conference on Weights and Measures, is 5.66 pounds of natural gas or
126.67 cubic feet.; and
(d) (4) all
other special fuel is taxed at the same rate as the gasoline excise tax as
specified in section 296A.07, subdivision 2.
(b) Annually on August
1, the commissioner must determine the tax rate applicable to the sale of E85,
M85, and all other gasoline subject to tax under this section for the upcoming
12-month period beginning on January 1. The
rate must be adjusted as provided in section 296A.07, subdivision 3, paragraph
(b). The tax rate must be rounded to the
nearest tenth of a cent. Each of the tax
rates for liquefied natural gas or propane, liquefied natural gas, compressed natural gas, and all other special
fuel must not be lower than the respective rates specified in paragraph (a).
(c) The tax is payable in the form and manner prescribed by the commissioner.
(d) For purposes of this
subdivision, "gasoline equivalent," as defined by the National
Conference on Weights and Measures, is 5.66 pounds of natural gas or 126.67
cubic feet.
EFFECTIVE DATE. This
section is effective July 1, 2023, and applies for taxes imposed on or after
January 1, 2024.
Sec. 24. Minnesota Statutes 2022, section 297A.64, subdivision 1, is amended to read:
Subdivision 1. Tax imposed. (a) A tax is imposed on the lease or rental in this state for not more than 28 days of a passenger automobile as defined in section 168.002, subdivision 24, a van as defined in section 168.002, subdivision 40, or a pickup truck as defined in section 168.002, subdivision 26. The rate of tax is 9.2 percent of the sales price. The tax applies whether or not the vehicle is licensed in the state.
(b) The provisions of paragraph (a) do not apply to the vehicles of a nonprofit corporation or similar entity consisting of individual or group members who pay the organization for the use of a motor vehicle if the organization:
(1) owns, leases, or operates a fleet of vehicles of the type subject to the tax under this subdivision that are available to its members for use, priced on the basis of intervals of one hour or less;
(2) parks its vehicles in the public right-of-way or at unstaffed, self-service locations that are accessible at any time of the day; and
(3) maintains its
vehicles, insures its vehicles on behalf of its members, and purchases fuel for
its fleet.
EFFECTIVE DATE. This section is effective for sales and purchases made after June 30, 2023.
Sec. 25. Minnesota Statutes 2022, section 297A.64, subdivision 2, is amended to read:
Subd. 2. Fee imposed. (a) A fee equal to five percent of the sales price is imposed on leases or rentals of vehicles subject to the tax under subdivision 1. The lessor on the invoice to the customer may designate the fee as "a fee imposed by the State of Minnesota for the registration of rental cars."
(b) The provisions of this subdivision do not apply to the vehicles of a nonprofit corporation or similar entity, consisting of individual or group members who pay the organization for the use of a motor vehicle, if the organization:
(1) owns or leases a fleet of vehicles of the type subject to the tax under subdivision 1 that are available to its members for use, priced on the basis of intervals of one hour or less;
(2) parks its vehicles in
the public right-of-way or at unstaffed, self-service locations that are
accessible at any time of the day; and
(3) maintains its vehicles,
insures its vehicles on behalf of its members, and purchases fuel for its fleet;
and.
(4) does not charge
usage rates that decline on a per unit basis, whether specified based on
distance or time.
EFFECTIVE DATE. This section is effective for sales and purchases made after June 30, 2023.
Sec. 26. Minnesota Statutes 2022, section 297A.71, is amended by adding a subdivision to read:
Subd. 54. Sustainable
aviation fuel facilities. (a)
Materials and supplies used or consumed in and equipment incorporated into the
construction, reconstruction, or improvement of a facility located in Minnesota
that produces or blends sustainable aviation fuel, as defined in section
41A.30, subdivision 1, is exempt.
(b) The tax must be
imposed and collected as if the rate under section 297A.62, subdivision 1,
applied and then refunded in the manner as provided for projects under section
297A.75, subdivision 1, clause (1).
(c) For a project, a portion
of which is not used to produce or blend sustainable aviation fuel, the amount
of purchases that are exempt under this subdivision must be determined by
multiplying the total purchases, as specified in paragraph (a), by the ratio
of:
(1) the capacity to
generate sustainable aviation fuel either through production or blending; and
(2) the capacity to
generate all fuels.
(d) This subdivision
expires July 1, 2034. The expiration
does not affect refunds due for sales and purchases made prior to July 1, 2034.
EFFECTIVE DATE. This
section is effective for sales and purchases made after June 30, 2027, and
before July 1, 2034.
Sec. 27. Minnesota Statutes 2022, section 297A.94, is amended to read:
297A.94 DEPOSIT OF REVENUES.
(a) Except as provided in this section, the commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed by this chapter in the state treasury and credit them to the general fund.
(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic account in the special revenue fund if:
(1) the taxes are derived from sales and use of property and services purchased for the construction and operation of an agricultural resource project; and
(2) the purchase was made on or after the date on which a conditional commitment was made for a loan guaranty for the project under section 41A.04, subdivision 3.
The commissioner of management and budget shall certify to the commissioner the date on which the project received the conditional commitment. The amount deposited in the loan guaranty account must be reduced by any refunds and by the costs incurred by the Department of Revenue to administer and enforce the assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:
(1) first to the general obligation special tax bond debt service account in each fiscal year the amount required by section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the balance to the general fund.
(d) Beginning with sales taxes remitted after July 1, 2017, the commissioner shall deposit in the state treasury the revenues collected under section 297A.64, subdivision 1, including interest and penalties and minus refunds, and credit them to the highway user tax distribution fund.
(e) The commissioner shall deposit the revenues, including interest and penalties, collected under section 297A.64, subdivision 5, in the state treasury and credit them to the general fund. By July 15 of each year the commissioner shall transfer to the highway user tax distribution fund an amount equal to the excess fees collected under section 297A.64, subdivision 5, for the previous calendar year.
(f) Beginning with sales taxes remitted after July 1, 2017, in conjunction with the deposit of revenues under paragraph (d), the commissioner shall deposit into the state treasury and credit to the highway user tax distribution fund an amount equal to the estimated revenues derived from the tax rate imposed under section 297A.62, subdivision 1, on the lease or rental for not more than 28 days of rental motor vehicles subject to section 297A.64. The commissioner shall estimate the amount of sales tax revenue deposited under this paragraph based on the amount of revenue deposited under paragraph (d).
(g) The commissioner
shall deposit an amount of the remittances monthly into the state treasury and
credit them to the highway user tax distribution fund as a portion of the
estimated amount of taxes collected from the sale and purchase of motor vehicle
repair and replacement parts in that month.
The monthly deposit amount is $12,137,000. The commissioner must deposit the revenues
derived from the taxes imposed under section 297A.62, subdivision 1, on the
sale and purchase of motor vehicle repair and replacement parts in the state
treasury and credit:
(1) 43.5 percent in each
fiscal year to the highway user tax distribution fund;
(2) a percentage to the
transportation advancement account under section 174.49 as follows:
(i) 3.5 percent in
fiscal year 2024;
(ii) 4.5 percent in
fiscal year 2025;
(iii) 5.5 percent in
fiscal year 2026;
(iv) 7.5 percent in
fiscal year 2027;
(v) 14.5 percent in
fiscal year 2028;
(vi) 21.5 percent in
fiscal year 2029;
(vii) 28.5 percent in
fiscal year 2030;
(viii) 36.5 percent in
fiscal year 2031;
(ix) 44.5 percent in
fiscal year 2032; and
(x) 56.5 percent in
fiscal year 2033 and thereafter; and
(3) the remainder in
each fiscal year to the general fund.
For purposes of this paragraph, "motor vehicle" has the meaning given in section 297B.01, subdivision 11, and "motor vehicle repair and replacement parts" includes (i) all parts, tires, accessories, and equipment incorporated into or affixed to the motor vehicle as part of the motor vehicle maintenance and repair, and (ii) paint, oil, and other fluids that remain on or in the motor vehicle as part of the motor vehicle maintenance or repair. For purposes of this paragraph, "tire" means any tire of the type used on highway vehicles, if wholly or partially made of rubber and if marked according to federal regulations for highway use.
(h) 72.43 percent of the revenues, including interest and penalties, transmitted to the commissioner under section 297A.65, must be deposited by the commissioner in the state treasury as follows:
(1) 50 percent of the receipts must be deposited in the heritage enhancement account in the game and fish fund, and may be spent only on activities that improve, enhance, or protect fish and wildlife resources, including conservation, restoration, and enhancement of land, water, and other natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only on metropolitan park and trail grants;
(4) three percent of the receipts must be deposited in the natural resources fund, and may be spent only on local trail grants; and
(5) two percent of the receipts must be deposited in the natural resources fund, and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo.
(i) The revenue dedicated under paragraph (h) may not be used as a substitute for traditional sources of funding for the purposes specified, but the dedicated revenue shall supplement traditional sources of funding for those purposes. Land acquired with money deposited in the game and fish fund under paragraph (h) must be open to public hunting and fishing during the open season, except that in aquatic management areas or on lands where angling easements have been acquired, fishing may be prohibited during certain times of the year and hunting may be prohibited. At least 87 percent of the money deposited in the game and fish fund for improvement, enhancement, or protection of fish and wildlife resources under paragraph (h) must be allocated for field operations.
(j) The commissioner must deposit the revenues, including interest and penalties minus any refunds, derived from the sale of items regulated under section 624.20, subdivision 1, that may be sold to persons 18 years old or older and that are not prohibited from use by the general public under section 624.21, in the state treasury and credit:
(1) 25 percent to the volunteer fire assistance grant account established under section 88.068;
(2) 25 percent to the fire safety account established under section 297I.06, subdivision 3; and
(3) the remainder to the general fund.
For purposes of this paragraph, the percentage of total sales and use tax revenue derived from the sale of items regulated under section 624.20, subdivision 1, that are allowed to be sold to persons 18 years old or older and are not prohibited from use by the general public under section 624.21, is a set percentage of the total sales and use tax revenues collected in the state, with the percentage determined under Laws 2017, First Special Session chapter 1, article 3, section 39.
(k) The revenues deposited under paragraphs (a) to (j) do not include the revenues, including interest and penalties, generated by the sales tax imposed under section 297A.62, subdivision 1a, which must be deposited as provided under the Minnesota Constitution, article XI, section 15.
Sec. 28. Minnesota Statutes 2022, section 297A.99, subdivision 1, is amended to read:
Subdivision 1. Authorization;
scope. (a) A political subdivision
of this state may impose a general sales tax (1) under section 297A.9915,
(2) under section 297A.992, (2) (3) under section 297A.993, (3)
(4) if permitted by special law, or (4) (5) if the
political subdivision enacted and imposed the tax before January 1, 1982, and
its predecessor provision.
(b) This section governs the imposition of a general sales tax by the political subdivision. The provisions of this section preempt the provisions of any special law:
(1) enacted before June 2, 1997, or
(2) enacted on or after June 2, 1997, that does not explicitly exempt the special law provision from this section's rules by reference.
(c) This section does not apply to or preempt a sales tax on motor vehicles. Beginning July 1, 2019, no political subdivision may impose a special excise tax on motor vehicles unless it is imposed under section 297A.993.
(d) A political subdivision may not advertise or expend funds for the promotion of a referendum to support imposing a local sales tax and may only spend funds related to imposing a local sales tax to:
(1) conduct the referendum;
(2) disseminate information included in the resolution adopted under subdivision 2, but only if the disseminated information includes a list of specific projects and the cost of each individual project;
(3) provide notice of, and conduct public forums at which proponents and opponents on the merits of the referendum are given equal time to express their opinions on the merits of the referendum;
(4) provide facts and data on the impact of the proposed local sales tax on consumer purchases; and
(5) provide facts and data related to the individual programs and projects to be funded with the local sales tax.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 29. [297A.9915]
REGIONAL TRANSPORTATION SALES AND USE TAX.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Metropolitan
area" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
(c) "Metropolitan
Council" or "council" means the Metropolitan Council established
by section 473.123.
(d) "Regional
transportation sales tax" means the regional transportation sales and use
tax imposed under this section.
Subd. 2. Sales
tax imposition; rate. Notwithstanding
section 473.123, subdivision 1, the Metropolitan Council must impose a regional
transportation sales and use tax at a rate of three-quarters of one percent on
retail sales and uses taxable under this chapter made in the metropolitan area or
to a destination in the metropolitan area.
Subd. 3. Administration;
collection; enforcement. Except
as otherwise provided in this section, the provisions of section 297A.99,
subdivisions 4, and 6 to 12a, govern the administration, collection, and
enforcement of the regional transportation sales tax.
Subd. 4. Deposit. Proceeds of the regional
transportation sales tax must be allocated as follows:
(1) 83 percent to the
Metropolitan Council for the purposes specified under section 473.4465; and
(2) 17 percent to metropolitan
counties, as defined in section 174.49, subdivision 1, in the manner provided
under section 174.49, subdivision 5.
Subd. 5. Revenue
bonds. (a) In addition to
other authority granted in this section, and notwithstanding section 473.39,
subdivision 7, or any other law to the contrary, the council may, by
resolution, authorize the sale and issuance of revenue bonds, notes, or
obligations to provide funds to (1) implement the council's transit capital
improvement program, and (2) refund bonds issued under this subdivision.
(b) The bonds are
payable from and secured by a pledge of all or part of the revenue received
under subdivision 4, clause (1), and associated investment earnings on debt
proceeds. The council may, by
resolution, authorize the issuance of the bonds as general obligations of the
council. The bonds must be sold, issued,
and secured in the manner provided in chapter 475, and the council has the same
powers and duties as a municipality and its governing body in issuing bonds
under chapter 475, except that no election is required and the net debt
limitations in chapter 475 do not apply to such bonds. The proceeds of the bonds may also be used to
fund necessary reserves and to pay credit enhancement fees, issuance costs, and
other financing costs during the life of the debt.
(c) The bonds may be
secured by a bond resolution, or a trust indenture entered into by the council
with a corporate trustee within or outside the state, which must define the
revenues and bond proceeds pledged for the payment and security of the bonds. The pledge must be a valid charge on the
revenues received under section 297A.99, subdivision 11. Neither the state, nor any municipality or
political subdivision except the council, nor any member or officer or employee
of the council, is liable on the obligations.
No mortgage or security interest in any tangible real or personal
property is granted to the bondholders or the trustee, but they have a valid
security interest in the revenues and bond proceeds received by the council and
pledged to the payment of the bonds. In
the bond resolution or trust indenture, the council may make such covenants as
it determines to be reasonable for the protection of the bondholders.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment for
sales and purchases made on or after October 1, 2023, and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 30. Minnesota Statutes 2022, section 297B.02, subdivision 1, is amended to read:
Subdivision 1. Rate. (a) There is imposed an excise tax
of 6.5 6.875 percent on the purchase price of any motor vehicle
purchased or acquired, either in or outside of the state of Minnesota, which is
required to be registered under the laws of this state.
(b) The excise tax is also imposed on the purchase price of motor vehicles purchased or acquired on Indian reservations when the tribal council has entered into a sales tax on motor vehicles refund agreement with the state of Minnesota.
EFFECTIVE DATE. This
section is effective for sales and purchases made on or after July 1, 2023.
Sec. 31. Minnesota Statutes 2022, section 297B.03, is amended to read:
297B.03 EXEMPTIONS.
There is specifically exempted from the provisions of this chapter and from computation of the amount of tax imposed by it the following:
(1) purchase or use, including use under a lease purchase agreement or installment sales contract made pursuant to section 465.71, of any motor vehicle by the United States and its agencies and instrumentalities and by any person described in and subject to the conditions provided in section 297A.67, subdivision 11;
(2) purchase or use of any motor vehicle by any person who was a resident of another state or country at the time of the purchase and who subsequently becomes a resident of Minnesota, provided the purchase occurred more than 60 days prior to the date such person began residing in the state of Minnesota and the motor vehicle was registered in the person's name in the other state or country;
(3) purchase or use of any motor vehicle by any person making a valid election to be taxed under the provisions of section 297A.90;
(4) purchase or use of any motor vehicle previously registered in the state of Minnesota when such transfer constitutes a transfer within the meaning of section 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or 1563(a) of the Internal Revenue Code, as amended through December 16, 2016;
(5) purchase or use of any vehicle owned by a resident of another state and leased to a Minnesota-based private or for-hire carrier for regular use in the transportation of persons or property in interstate commerce provided the vehicle is titled in the state of the owner or secured party, and that state does not impose a sales tax or sales tax on motor vehicles used in interstate commerce;
(6) purchase or use of a motor vehicle by a private nonprofit or public educational institution for use as an instructional aid in automotive training programs operated by the institution. "Automotive training programs" includes motor vehicle body and mechanical repair courses but does not include driver education programs;
(7) purchase of a motor vehicle by an ambulance service licensed under section 144E.10 when that vehicle is equipped and specifically intended for emergency response or for providing ambulance service;
(8) purchase of a motor vehicle by or for a public library, as defined in section 134.001, subdivision 2, as a bookmobile or library delivery vehicle;
(9) purchase of a ready-mixed concrete truck;
(10) purchase or use of a motor vehicle by a town for use exclusively for road maintenance, including snowplows and dump trucks, but not including automobiles, vans, or pickup trucks;
(11) purchase or use of a motor vehicle by a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, except a public school, university, or library, but only if the vehicle is:
(i) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a passenger automobile, as defined in section 168.002, if the automobile is designed and used for carrying more than nine persons including the driver; and
(ii) intended to be used primarily to transport tangible personal property or individuals, other than employees, to whom the organization provides service in performing its charitable, religious, or educational purpose;
(12) purchase of a motor vehicle for use by a transit provider exclusively to provide transit service is exempt if the transit provider is either (i) receiving financial assistance or reimbursement under section 174.24 or 473.384, or (ii) operating under section 174.29, 473.388, or 473.405;
(13) purchase or use of a motor vehicle by a qualified business, as defined in section 469.310, located in a job opportunity building zone, if the motor vehicle is principally garaged in the job opportunity building zone and is primarily used as part of or in direct support of the person's operations carried on in the job opportunity building zone. The exemption under this clause applies to sales, if the purchase was made and delivery received during the duration of the job opportunity building zone. The exemption under this clause also applies to any local sales and use tax;
(14) purchase of a leased vehicle by the lessee who was a participant in a lease-to-own program from a charitable organization that is:
(i) described in section 501(c)(3) of the Internal Revenue Code; and
(ii) licensed as a motor
vehicle lessor under section 168.27, subdivision 4; and
(15) purchase of a motor
vehicle used exclusively as a mobile medical unit for the provision of medical
or dental services by a federally qualified health center, as defined under
title 19 of the Social Security Act, as amended by Section 4161 of the Omnibus
Budget Reconciliation Act of 1990.; and
(16) purchase of a motor
vehicle by a veteran having a total service-connected disability, as defined in
section 171.01, subdivision 51.
EFFECTIVE DATE. This
section is effective for sales and purchases made after June 30, 2024.
Sec. 32. Minnesota Statutes 2022, section 297B.09, is amended to read:
297B.09 ALLOCATION OF REVENUE.
Subdivision 1. Deposit
of revenues. (a) Money collected and
received under this chapter must be deposited as provided in this
subdivision. as follows:
(b) (1) 60
percent of the money collected and received must be deposited in the
highway user tax distribution fund, 36 percent must be deposited;
(2) 34.3 percent in
the metropolitan area transit account under section 16A.88,; and four
percent must be deposited
(3) 5.7 percent in the greater Minnesota transit account under section 16A.88.
(c) (b) It is
the intent of the legislature that the allocations under paragraph (b) remain
unchanged for fiscal year 2012 2024 and all subsequent fiscal
years.
Sec. 33. Minnesota Statutes 2022, section 473.4051, is amended to read:
473.4051 LIGHT RAIL TRANSIT GUIDEWAYS AND BUSWAYS;
CONSTRUCTION AND OPERATION.
Subdivision 1. Light
rail transit; operator. The
council shall must operate all light rail transit facilities and
services located in the metropolitan area upon completion of construction of
the facilities and the commencement of revenue service using the facilities. The council may not allow the commencement of
revenue service until after an appropriate period of acceptance testing to
ensure safe and satisfactory performance.
In assuming the operation of the system, the council must comply with
section 473.415. The council shall
must coordinate operation of the light
rail transit system with bus service to avoid duplication of service on a route served by light rail transit and to ensure the widest possible access to light rail transit lines in both suburban and urban areas by means of a feeder bus system.
Subd. 2. Guideway
and busway; operating costs. (a)
After operating revenue and federal money have been used to pay for light rail
transit operations, 50 percent of the remaining operating costs must be paid by
the state.
(b) Notwithstanding
paragraph (a), all operating and ongoing capital maintenance costs must be paid
from nonstate sources for a segment of a light rail transit line or line
extension project that formally entered the engineering phase of the Federal
Transit Administration's "New Starts" capital investment grant
program between August 1, 2016, and December 31, 2016.
(a) After operating
revenue, federal funds, and state funds are used for operations of a guideway
or busway, as the terms are defined in section 473.4485, subdivision 1, the
council must pay all remaining operating costs from sales tax revenue, as
defined in section 473.4465, subdivision 1.
(b) The requirements
under paragraph (a) do not apply to the costs of Northstar Commuter Rail
attributed to operations outside of a metropolitan county.
Subd. 2a. Guideway
and busway; capital maintenance. (a)
The council must pay all ongoing capital maintenance costs from one or more of: available federal funds; sales tax revenue,
as defined in section 473.4465, subdivision 1; and proceeds from certificates
of indebtedness, bonds, or other obligations under section 473.39.
(b) For purposes of this
subdivision, "capital maintenance" includes routine maintenance,
capital maintenance, and maintenance in a state of good repair.
Subd. 3. Light rail transit; capital costs. State money may not be used to pay more than ten percent of the total capital cost of a light rail transit project.
EFFECTIVE DATE; APPLICATION.
This section is effective October 1, 2023, and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 34. [473.4465]
REGIONAL TRANSPORTATION SALES AND USE TAX USES.
Subdivision 1. Definition. For purposes of this section,
"sales tax revenue" means the portion of revenue from the regional
transportation sales and use tax under section 297A.9915 that is allocated to
the council for purposes of this section.
Subd. 2. Use
of funds; Metropolitan Council. (a)
Sales tax revenue is available as follows:
(1) five percent for
active transportation, as determined by the Transportation Advisory Board under
subdivision 3; and
(2) 95 percent for
transit system purposes under sections 473.371 to 473.452, including but not
limited to operations, maintenance, and capital projects.
(b) The council must
expend a portion of sales tax revenue in each of the following categories:
(1) improvements to
regular route bus service levels;
(2) improvements related to
transit safety, including additional transit officials, as defined under
section 473.4075;
(3) maintenance and
improvements to bus accessibility at transit stops and transit centers;
(4) transit shelter
replacement and improvements under section 473.41;
(5) planning and project
development for expansion of arterial bus rapid transit lines;
(6) operations and
capital maintenance of arterial bus rapid transit;
(7) planning and project
development for expansion of highway bus rapid transit and bus guideway lines;
(8) operations and
capital maintenance of highway bus rapid transit and bus guideways;
(9) zero-emission bus
procurement and associated costs in conformance with the zero-emission and
electric transit vehicle transition plan under section 473.3927;
(10) demand response
microtransit service provided by the council;
(11) financial
assistance to replacement service providers under section 473.388, to provide
for service, vehicle purchases, and capital investments related to demand
response microtransit service;
(12) financial
assistance to political subdivisions and tax-exempt organizations under section
501(c)(3) of the Internal Revenue Code for active transportation; and
(13) wage adjustments
for Metro Transit hourly operations employees.
Subd. 3. Use
of funds; active transportation. (a)
Sales tax revenue allocated to the Transportation Advisory Board under
subdivision 2, clause (1), is for grants to support active transportation
within the metropolitan area.
(b) The Transportation
Advisory Board must establish eligibility requirements and a selection process
to provide the grant awards. The process
must include: solicitation; evaluation
and prioritization, including technical review, scoring, and ranking; project
selection; and award of funds. To the
extent practicable and subject to paragraph (c), the process must align with
procedures and requirements established for allocation of other sources of
funds.
(c) The selection
process must include criteria and prioritization of projects based on:
(1) the project's
inclusion in a municipal or regional nonmotorized transportation system plan;
(2) the extent to which
policies or practices of the political subdivision encourage and promote complete
streets planning, design, and construction;
(3) the extent to which
the project supports connections between communities and to key destinations
within a community;
(4) identified barriers
or deficiencies in the nonmotorized transportation system;
(5) identified safety or
health benefits;
(6) geographic equity in
project benefits, with an emphasis on communities that are historically and
currently underrepresented in local or regional planning; and
(7) the ability of a
grantee to maintain the active transportation infrastructure following project
completion.
Subd. 4. Use
of funds; metropolitan counties. A
metropolitan county must use revenue from the regional transportation sales and
use tax under section 297A.9915 in conformance with the requirements under
section 174.49, subdivision 6.
Subd. 5. Prohibition. (a) The council is prohibited from
expending sales tax revenue on the Southwest light rail transit (Green Line
Extension) project.
(b) Paragraph (a)
expires on the date of expiration of the Metropolitan Governance Task Force as
specified under article 4, section 123, subdivision 11.
Subd. 6. Tracking
and information. (a) The
council must maintain separate financial information on sales tax revenue that
includes:
(1) a summary of annual
revenue and expenditures, including but not limited to balances and anticipated
revenue in the forecast period under section 16A.103; and
(2) for active
transportation under subdivision 3 and each of the categories specified under
subdivision 2 in the most recent prior three fiscal years:
(i) specification of
annual expenditures; and
(ii) an overview of the
projects or services.
(b) The council must
publish the information required under paragraph (a) on the council's website.
EFFECTIVE DATE; APPLICATION.
This section is effective October 1, 2023, and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 35. GUIDEWAY
OR BUSWAY; OPERATING COSTS.
(a) For purposes of this
section:
(1) "guideway" and "busway" have the meanings given
in Minnesota Statutes, section 473.4485, subdivision 1; and
(2) "net operating
costs" are after fare revenue and federal operating assistance.
(b) By September 30,
2023, a political subdivision must pay to the Metropolitan Council:
(1) all outstanding
obligations through September 30, 2023, under the terms of an executed master
operating funding agreement for each guideway or busway; and
(2) 50 percent of the
net operating costs from December 1, 2021, through September 30, 2023, for each
guideway or busway that: (i) began
revenue service after December 1, 2021; and (ii) is not covered by an executed
master operating funding agreement.
(c) As of October 1, 2023, all
agreements between the Metropolitan Council and other political subdivisions
under which the other political subdivisions provide funds to the Metropolitan
Council for guideway or busway operating costs are terminated.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 4
TRANSPORTATION FINANCE AND POLICY
Section 1. Minnesota Statutes 2022, section 3.9741, subdivision 5, is amended to read:
Subd. 5. State
Data security; account,; appropriation. (a) The data security account is created
in the special revenue fund. Receipts
credited to the account are annually appropriated to the legislative auditor
for the purpose of oversight relating to security of data stored and
transmitted by state systems, including to:
(b) Subject to available
funds appropriated under paragraph (a), the legislative auditor shall:
(1) review and audit the
audit reports of subscribers and requesters submitted under section 168.327,
subdivision 6, including but not limited to assessing compliance with
section 171.12, subdivision 7b, paragraph (d), and producing findings and
opinions; and
(2) in collaboration
with the commissioner and affected subscribers and requesters, recommend
corrective action plans to remediate any deficiencies identified under clause
(1); and
(3) (2) review
and audit driver records subscription services and bulk data practices of the
Department of Public Safety, including identifying any deficiencies and making
recommendations to the commissioner.
(c) The legislative
auditor shall submit any reports, findings, and recommendations under this
subdivision to the legislative commission on data practices.
Sec. 2. [4.076]
ADVISORY COUNCIL ON TRAFFIC SAFETY.
Subdivision 1. Definition. For purposes of this section,
"advisory council" means the Advisory Council on Traffic Safety
established in this section.
Subd. 2. Establishment. (a) The Advisory Council on Traffic
Safety is established to advise, consult with, assist in planning coordination,
and make program recommendations to the commissioners of public safety,
transportation, and health on the development and implementation of projects
and programs intended to improve traffic safety on all Minnesota road systems.
(b) The advisory council
serves as the lead for the state Toward Zero Deaths program.
Subd. 3. Membership;
chair. (a) The advisory
council consists of the following members:
(1) the chair, which is
filled on a two-year rotating basis by a designee from:
(i) the Office of
Traffic Safety in the Department of Public Safety;
(ii) the Office of
Traffic Engineering in the Department of Transportation; and
(iii) the Injury and
Violence Prevention Section in the Department of Health;
(2) two vice chairs, which
must be filled by the two designees who are not currently serving as chair of
the advisory council under clause (1);
(3) the statewide Toward
Zero Deaths coordinator;
(4) a regional
coordinator from the Toward Zero Deaths program;
(5) the chief of the
State Patrol or a designee;
(6) the state traffic
safety engineer in the Department of Transportation or a designee;
(7) a law enforcement
liaison from the Department of Public Safety;
(8) a representative
from the Department of Human Services;
(9) a representative
from the Department of Education;
(10) a representative
from the Council on Disability;
(11) a representative
for Tribal governments;
(12) a representative
from the Center for Transportation Studies at the University of Minnesota;
(13) a representative
from the Minnesota Chiefs of Police Association;
(14) a representative
from the Minnesota Sheriffs' Association;
(15) a representative
from the Minnesota Safety Council;
(16) a representative
from AAA Minnesota;
(17) a representative
from the Minnesota Trucking Association;
(18) a representative
from the Insurance Federation of Minnesota;
(19) a representative
from the Association of Minnesota Counties;
(20) a representative
from the League of Minnesota Cities;
(21) the American Bar
Association State Judicial Outreach Liaison;
(22) a representative
from the City Engineers Association of Minnesota;
(23) a representative
from the Minnesota County Engineers Association;
(24) a representative
from the Bicycle Alliance of Minnesota;
(25) two individuals
representing vulnerable road users, including pedestrians, bicyclists, and
other operators of a personal conveyance;
(26) a representative
from Minnesota Operation Lifesaver;
(27) a representative from the
Minnesota Driver and Traffic Safety Education Association;
(28) a representative
from the Minnesota Association for Pupil Transportation;
(29) a representative
from the State Trauma Advisory Council;
(30) a person
representing metropolitan planning organizations; and
(31) a person
representing contractors engaged in construction and maintenance of highways
and other infrastructure.
(b) The commissioners of
public safety and transportation must jointly appoint the advisory council
members under paragraph (a), clauses (11), (25), (30), and (31).
Subd. 4. Duties. The advisory council must:
(1) advise the governor
and heads of state departments and agencies on policies, programs, and services
affecting traffic safety;
(2) advise the
appropriate representatives of state departments on the activities of the
Toward Zero Deaths program, including but not limited to educating the public
about traffic safety;
(3) encourage state
departments and other agencies to conduct needed research in the field of
traffic safety;
(4) review recommendations of the subcommittees and working groups;
(5) review and comment
on all grants dealing with traffic safety and on the development and
implementation of state and local traffic safety plans; and
(6) make recommendations
on safe road zone safety measures under section 169.065.
Subd. 5. Administration. (a) The Office of Traffic Safety in
the Department of Public Safety, in cooperation with the Departments of
Transportation and Health, must serve as the host agency for the advisory
council and must manage the administrative and operational aspects of the
advisory council's activities. The
commissioner of public safety must perform financial management on behalf of
the council.
(b) The advisory council
must meet no less than four times per year, or more frequently as determined by
the chair, a vice chair, or a majority of the council members. The advisory council is subject to chapter
13D.
(c) The chair must
regularly report to the respective commissioners on the activities of the
advisory council and on the state of traffic safety in Minnesota.
(d) The terms,
compensation, and appointment of members are governed by section 15.059.
(e) The advisory council
may appoint subcommittees and working groups.
Subcommittees must consist of council members. Working groups may include nonmembers. Nonmembers on working groups must be
compensated pursuant to section 15.059, subdivision 3, only for expenses
incurred for working group activities.
Sec. 3. Minnesota Statutes 2022, section 13.69, subdivision 1, is amended to read:
Subdivision 1. Classifications. (a) The following government data of the Department of Public Safety are private data:
(1) medical data on driving instructors, licensed drivers, and applicants for parking certificates and special license plates issued to physically disabled persons;
(2) other data on holders of a disability certificate under section 169.345, except that (i) data that are not medical data may be released to law enforcement agencies, and (ii) data necessary for enforcement of sections 169.345 and 169.346 may be released to parking enforcement employees or parking enforcement agents of statutory or home rule charter cities and towns;
(3) Social Security numbers
in driver's license and motor vehicle registration records, except that Social
Security numbers must be provided to the Department of Revenue for purposes of
tax administration, the Department of Labor and Industry for purposes of
workers' compensation administration and enforcement, the judicial branch for
purposes of debt collection, and the Department of Natural Resources for
purposes of license application administration, and except that the last four
digits of the Social Security number must be provided to the Department of
Human Services for purposes of recovery of Minnesota health care program
benefits paid; and
(4) data on persons listed as standby or temporary custodians under section 171.07, subdivision 11, except that the data must be released to:
(i) law enforcement agencies for the purpose of verifying that an individual is a designated caregiver; or
(ii) law enforcement
agencies who state that the license holder is unable to communicate at that
time and that the information is necessary
for notifying the designated caregiver of the need to care for a child of the
license holder.; and
(5) race and ethnicity
data on driver's license holders and identification card holders under section
171.06, subdivision 3. The Department of
Public Safety Office of Traffic Safety is authorized to receive race and
ethnicity data from Driver and Vehicle Services for only the purposes of
research, evaluation, and public reports.
The department may release the Social Security number only as provided in clause (3) and must not sell or otherwise provide individual Social Security numbers or lists of Social Security numbers for any other purpose.
(b) The following government data of the Department of Public Safety are confidential data: data concerning an individual's driving ability when that data is received from a member of the individual's family.
EFFECTIVE DATE. This
section is effective for driver's license and identification card applications
received on or after January 1, 2024.
Sec. 4. Minnesota Statutes 2022, section 13.6905, is amended by adding a subdivision to read:
Subd. 37. Oil
and other hazardous substances transportation data. (a) Certain data on oil and other
hazardous substances transported by railroads are governed by section 219.055,
subdivision 9.
(b) Certain data on oil
and other hazardous substances transportation incident reviews are governed by
section 299A.55, subdivision 5.
Sec. 5. Minnesota Statutes 2022, section 115E.042, is amended by adding a subdivision to read:
Subd. 1a. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Exercise"
means an activity or training to evaluate responsibilities, roles, and response
plans for the discharge of oil or hazardous substances and includes but is not
limited to walkthroughs, tabletop exercises, or functional exercises.
(c) "Full-scale exercise" means training activities to evaluate responsibilities, roles, and response plans for a confirmed discharge or worst-case discharge of oil or hazardous substances and includes utilizing, as much as practicable, the equipment, personnel, and coordinated resources required under section 115E.042, subdivision 4.
(d) "Functional
exercise" means a guided session where a simulated operational environment
trains and evaluates specific personnel, procedures, or resources on scenarios
relating to the discharge of oil or hazardous substances.
(e) "Tabletop
exercise" means a guided session where the discussion addresses topics,
including but not limited to the roles and responsibilities of a rail carrier
and its personnel in response to a confirmed discharge of oil or hazardous
substances.
(f)
"Walkthrough" means drills and training designed to familiarize
railroad personnel with the response plans required under chapter 115E and the
response requirements to a confirmed discharge under this section.
Sec. 6. Minnesota Statutes 2022, section 115E.042, subdivision 2, is amended to read:
Subd. 2. Training. (a) Each railroad must offer training to
each fire department and each local organization for emergency management
under section 12.25 having jurisdiction along the route of unit trains. Initial training under this subdivision must
be offered to each fire department by June 30, 2016, and routes over
which the railroad transports oil or other hazardous substances. Refresher training must be offered to each
fire department and local organization for emergency management at least
once every three years thereafter after initial training under this
subdivision.
(b) The training must
address the general hazards of oil and hazardous substances, techniques to
assess hazards to the environment and to the safety of responders and the
public, factors an incident commander must consider in determining whether to
attempt to suppress a fire or to evacuate the public and emergency responders
from an area, and other strategies for initial response by local emergency
responders. The training must include
suggested protocol or practices for local responders to safely accomplish these
tasks methods to identify rail cars and hazardous substance contents,
responder safety issues, rail response tactics, public notification and
evacuation considerations, environmental contamination response, railroad
response personnel and resources coordination at an incident, and other
protocols and practices for safe initial local response as required under
subdivision 4, including the notification requirements and the responsibilities
of an incident commander during a rail incident involving oil or other
hazardous substances, as provided in subdivisions 3 and 4.
Sec. 7. Minnesota Statutes 2022, section 115E.042, subdivision 3, is amended to read:
Subd. 3. Emergency
response planning; coordination. Beginning
June 30, 2015, (a) Each railroad must communicate at least annually
with each county or city applicable emergency manager, safety
representatives of railroad employees governed by the Railway Labor Act, and a
senior each applicable fire department officer of each fire
department having jurisdiction along the route of a unit train routes
over which oil or other hazardous substances are transported, in order
to:
(1) ensure coordination of
emergency response activities between the railroad and local responders;
(2) assist emergency
managers in identifying and assessing local rail-specific threats, hazards, and
risks; and
(3) assist railroads in obtaining information from emergency managers regarding specific local natural and technical hazards and threats in the local area that may impact rail operations or public safety.
(b) The coordination
under paragraph (a), clauses (2) and (3), must include identification of
increased risks and potential special responses due to high population concentration,
critical local infrastructure, key facilities, significant venues, sensitive
natural environments, and other factors identified by railroads, emergency
managers, and fire departments.
(c) The commissioner of
public safety must compile and make available to railroads a list of applicable
emergency managers and applicable fire chiefs, which must include contact
information. The commissioner must make
biennial updates to the list of emergency managers and fire chiefs and make the
list of updated contact information available to railroads.
Sec. 8. Minnesota Statutes 2022, section 115E.042, subdivision 4, is amended to read:
Subd. 4. Response
capabilities; time limits. (a)
Following confirmation of a discharge, a railroad must deliver and deploy
sufficient equipment and trained personnel to (1) contain and recover
discharged oil or other hazardous substances and to, (2) protect
the environment, and (3) assist local public safety officials. Within 15 minutes of a rail incident
involving a confirmed discharge or release of oil or other hazardous
substances, a railroad must contact the applicable emergency manager and
applicable fire chief having jurisdiction along the route where the incident
occurred. After learning of the rail
incident involving oil or other hazardous substances, the applicable emergency
manager and applicable fire chief must, as soon as practicable, identify and
provide contact information of the responsible incident commander to the
reporting railroad.
(b) Within 15 minutes of
local emergency responder arrival on the scene of a rail incident involving oil
or other hazardous substances, a railroad must assist the incident commander to
determine the nature of any hazardous substance known to have been released and
hazardous substance cargo transported on the train. Assistance must include providing information
that identifies the chemical content of the hazardous substance, contact
information for the shipper, and instructions for dealing with the release of
the material. A railroad may provide
information on the hazardous substances transported on the train through the
train orders on board the train or by facsimile or electronic transmission.
(c) Within one hour
of confirmation of a discharge, a railroad must provide a qualified company employee
representative to advise the incident commander, assist in assessing
the situation, initiate railroad response actions as needed, and provide advice
and recommendations to the incident commander regarding the response. The employee representative may
be made available by telephone, and must be authorized to deploy all necessary
response resources of the railroad.
(c) (d) Within
three hours of confirmation of a discharge, a railroad must be capable of
delivering monitoring equipment and a trained operator to assist in protection
of responder and public safety. A plan
to ensure delivery of monitoring equipment and an operator to a discharge site
must be provided each year to the commissioner of public safety.
(d) (e) Within
three hours of confirmation of a discharge, a railroad must provide (1)
qualified personnel at a discharge site to assess the discharge and to advise
the incident commander, and (2) resources to assist the incident commander
with ongoing public safety and scene stabilization.
(e) (f) A railroad must be capable of deploying containment boom from land across sewer outfalls, creeks, ditches, and other places where oil or other hazardous substances may drain, in order to contain leaked material before it reaches those resources. The arrangement to provide containment boom and staff may be made by:
(1) training and caching equipment with local jurisdictions;
(2) training and caching equipment with a fire mutual-aid group;
(3) means of an industry cooperative or mutual-aid group;
(4) deployment of a contractor;
(5) deployment of a response organization under state contract; or
(6) other dependable means acceptable to the Pollution Control Agency.
(f) (g) Each
arrangement under paragraph (e) (f) must be confirmed each year. Each arrangement must be tested by drill at
least once every five years.
(g) (h) Within
eight hours of confirmation of a discharge, a railroad must be capable of
delivering and deploying containment boom, boats, oil recovery equipment,
trained staff, and all other materials needed to provide:
(1) on-site containment and recovery of a volume of oil equal to ten percent of the calculated worst case discharge at any location along the route; and
(2) protection of listed sensitive areas and potable water intakes within one mile of a discharge site and within eight hours of water travel time downstream in any river or stream that the right-of-way intersects.
(h) (i) Within
60 hours of confirmation of a discharge, a railroad must be capable of
delivering and deploying additional containment boom, boats, oil recovery
equipment, trained staff, and all other materials needed to provide containment
and recovery of a worst case discharge and to protect listed sensitive areas
and potable water intakes at any location along the route.
Sec. 9. Minnesota Statutes 2022, section 115E.042, subdivision 5, is amended to read:
Subd. 5. Railroad
drills exercises. (a)
Each railroad operating unit trains in Minnesota must conduct at least
one oil containment, recovery, and sensitive area protection drill walkthrough,
tabletop exercise, or functional exercise involving oil or hazardous substances
every three years, year. Subject
to the provisions of paragraph (c), each exercise must be at a location and
time chosen by the Pollution Control Agency, and attended by safety
representatives of railroad employees governed by the Railway Labor Act. Subject to the provisions in paragraph (d)
and section 219.055, subdivision 8, each railroad operating unit trains in
Minnesota must conduct at least one oil containment, recovery, and sensitive
area full-scale exercise every five years in coordination with the commissioner
of public safety, local emergency management organizations, local fire chiefs,
and safety representatives of railroad employees governed by the Railway Labor
Act.
(b) The exercises under
this subdivision must attempt to evaluate, coordinate, and improve the
emergency response plans submitted by a railroad under subdivision 3. The exercises under this subdivision and
section 219.055, subdivisions 6, 7, and 8, must be coordinated with exercises
required by federal agencies.
(c) The commissioner of
the Pollution Control Agency must consult with the Division of Homeland
Security and Emergency Management, the state fire marshal, and local emergency
management organizations in determining the railroad's annual exercise required
under this section. In determining the
appropriate exercise for a rail carrier, the
commissioner must evaluate
whether a rail carrier has conducted a similar exercise within the preceding
calendar year and the results from prior years' response and training. To the extent practicable, the commissioner
must alternate between requiring a walkthrough, a tabletop exercise, or a
functional exercise. The exercise
selected for a rail carrier must address specific components, resources, and
procedures of a response to a confirmed discharge of oil or other hazardous
substances carried by rail. The
commissioner must coordinate each exercise with exercises required by federal
agencies. If an exercise selected by the
commissioner is a tabletop exercise, the commissioner may select to conduct a
public safety emergency response exercise or an incident commander response
site exercise as provided in section 219.055, subdivision 6 or 7.
(d) Subject to the
requirements in section 219.055, subdivision 8, the full-scale exercise
required under paragraph (a) must include the response capability requirements
and operate under the response time limits set forth in subdivision 4. In determining the time, location, and manner
of the full-scale exercise, the commissioner of the Pollution Control Agency
must consult with the Division of Homeland Security and Emergency Management,
the state fire marshal, local units of government, local law enforcement, the
fire chiefs in the jurisdiction where the full‑scale
exercise will take place, and safety representatives of railroad employees
governed by the Railway Labor Act.
(e) Exercises conducted
by a railroad under this section must include at least one representative from
local emergency management organizations, fire departments, and local units of
government that each have jurisdiction along the routes over which oil or
hazardous substances are transported by railroad.
Sec. 10. Minnesota Statutes 2022, section 115E.042, subdivision 6, is amended to read:
Subd. 6. Prevention
and response plans; requirements; submission. (a) By June 30, 2015, A railroad
shall submit the prevention and response plan required under section
115E.04, as necessary to comply with the requirements of this section, to
the commissioner of the Pollution Control Agency on a form designated by the
commissioner.
(b) By June 30 of
Every third year following a plan submission under this subdivision, or
sooner as provided under section 115E.04, subdivision 2, a railroad must
update and resubmit the prevention and response plan to the commissioner.
Sec. 11. Minnesota Statutes 2022, section 123B.90, subdivision 2, is amended to read:
Subd. 2. Student training. (a) Each district must provide public school pupils enrolled in kindergarten through grade 10 with age-appropriate school bus safety training, as described in this section, of the following concepts:
(1) transportation by school bus is a privilege and not a right;
(2) district policies for student conduct and school bus safety;
(3) appropriate conduct while on the school bus;
(4) the danger zones surrounding a school bus;
(5) procedures for safely boarding and leaving a school bus;
(6) procedures for safe street or road crossing; and
(7) school bus evacuation.
(b) Each nonpublic school located within the district must provide all nonpublic school pupils enrolled in kindergarten through grade 10 who are transported by school bus at public expense and attend school within the district's boundaries with training as required in paragraph (a).
(c) Students enrolled in kindergarten through grade 6 who are transported by school bus and are enrolled during the first or second week of school must receive the school bus safety training competencies by the end of the third week of school. Students enrolled in grades 7 through 10 who are transported by school bus and are enrolled during the first or second week of school and have not previously received school bus safety training must receive the training or receive bus safety instructional materials by the end of the sixth week of school. Students taking driver's training instructional classes must receive training in the laws and proper procedures when operating a motor vehicle in the vicinity of a school bus as required by section 169.446, subdivisions 2 and 3. Students enrolled in kindergarten through grade 10 who enroll in a school after the second week of school and are transported by school bus and have not received training in their previous school district shall undergo school bus safety training or receive bus safety instructional materials within four weeks of the first day of attendance. Upon request of the superintendent of schools, the school transportation safety director in each district must certify to the superintendent that all students transported by school bus within the district have received the school bus safety training according to this section. Upon request of the superintendent of the school district where the nonpublic school is located, the principal or other chief administrator of each nonpublic school must certify to the school transportation safety director of the district in which the school is located that the school's students transported by school bus at public expense have received training according to this section.
(d) A district and a nonpublic school with students transported by school bus at public expense may provide kindergarten pupils with bus safety training before the first day of school.
(e) A district and a
nonpublic school with students transported by school bus at public expense may
also provide student safety education for bicycling and pedestrian safety, for
students enrolled in kindergarten through grade 5.
(f) (e) A
district and a nonpublic school with students transported by school bus at
public expense must make reasonable accommodations for the school bus safety
training of pupils known to speak English as a second language and pupils with
disabilities.
(g) (f) The
district and a nonpublic school with students transported by school bus at
public expense must provide students enrolled in kindergarten through grade 3
school bus safety training twice during the school year.
(h) (g) A
district and a nonpublic school with students transported by school bus at
public expense must conduct a school bus evacuation drill at least once during
the school year.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 12. [123B.935]
ACTIVE TRANSPORTATION SAFETY TRAINING.
Subdivision 1. Training
required. (a) Each district
must provide public school pupils enrolled in kindergarten through grade 3 with
age-appropriate active transportation safety training. At a minimum, the training must include
pedestrian safety, including crossing roads.
(b) Each district must
provide public school pupils enrolled in grades 4 through 8 with
age-appropriate active transportation safety training. At a minimum, the training must include:
(1) pedestrian safety,
including crossing roads safely using the searching left, right, left for
vehicles in traffic technique; and
(2) bicycle safety, including
relevant traffic laws, use and proper fit of protective headgear, bicycle parts
and safety features, and safe biking techniques.
(c) A nonpublic school
may provide nonpublic school pupils enrolled in kindergarten through grade 8
with training as specified in paragraphs (a) and (b).
Subd. 2. Deadlines. (a) Students under subdivision 1,
paragraph (a), who are enrolled during the first or second week of school and
have not previously received active transportation safety training specified in
that paragraph must receive the safety training by the end of the third week of
school.
(b) Students under
subdivision 1, paragraph (b), who are enrolled during the first or second week
of school and have not previously received active transportation safety
training specified in that paragraph must receive the safety training by the
end of the sixth week of school.
(c) Students under
subdivision 1, paragraph (a) or (b), who enroll in a school after the second
week of school and have not received the appropriate active transportation
safety training in their previous school district must undergo the training or
receive active transportation safety instructional materials within four weeks
of the first day of attendance.
(d) A district and a
nonpublic school may provide kindergarten pupils with active transportation
safety training before the first day of school.
Subd. 3. Instruction. (a) A district may provide active
transportation safety training through distance learning.
(b) A district and a
nonpublic school must make reasonable accommodations for the active
transportation safety training of pupils known to speak English as a second
language and pupils with disabilities.
Subd. 4. Model
program. The commissioner of
transportation must maintain a comprehensive collection of active
transportation safety training materials that meets the requirements under this
section.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 13. Minnesota Statutes 2022, section 151.37, subdivision 12, is amended to read:
Subd. 12. Administration of opiate antagonists for drug overdose. (a) A licensed physician, a licensed advanced practice registered nurse authorized to prescribe drugs pursuant to section 148.235, or a licensed physician assistant may authorize the following individuals to administer opiate antagonists, as defined in section 604A.04, subdivision 1:
(1) an emergency medical responder registered pursuant to section 144E.27;
(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and (d);
(3) correctional employees of a state or local political subdivision;
(4) staff of community-based health disease prevention or social service programs;
(5) a volunteer
firefighter; and
(6) a licensed school nurse
or certified public health nurse employed by, or under contract with, a school
board under section 121A.21; and
(7) transit rider investment program personnel authorized under section 473.4075.
(b) For the purposes of this subdivision, opiate antagonists may be
administered by one of these individuals only if:
(1) the licensed physician, licensed physician assistant, or licensed advanced practice registered nurse has issued a standing order to, or entered into a protocol with, the individual; and
(2) the individual has training in the recognition of signs of opiate overdose and the use of opiate antagonists as part of the emergency response to opiate overdose.
(c) Nothing in this section prohibits the possession and administration of naloxone pursuant to section 604A.04.
Sec. 14. [160.2325]
HIGHWAYS FOR HABITAT PROGRAM.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Integrated
roadside vegetation management" means an approach to right-of-way
maintenance that combines a variety of techniques based on sound ecological
principles, which establish and maintain safe, healthy, and functional
roadsides. Integrated roadside
vegetation management includes but is not limited to judicious use of
herbicides, spot mowing, biological control, prescribed burning, mechanical
tree and brush removal, erosion prevention and treatment, and prevention and
treatment of other right-of-way disturbances.
(c) "Program"
means the highways for habitat program established in this section.
Subd. 2. Program
establishment. The
commissioner must establish a highways for habitat program to enhance roadsides
with pollinator and other wildlife habitat and vegetative buffers.
Subd. 3. Management
standards. (a) The
commissioner, in consultation with native habitat biologists and ecologists,
must develop standards and best management practices for integrated roadside
vegetation management under the program.
(b) The standards and
best management practices must, to the extent practicable, include:
(1) guidance on seed and
vegetation selection based on the Board of Water and Soil Resources' native
vegetation establishment and enhancement guidelines;
(2) requirements for
roadside vegetation management protocols that avoid the use of pollinator
lethal insecticides as defined under section 18H.02, subdivision 28a;
(3) practices that are
designed to avoid habitat destruction and protect nesting birds, pollinators,
and other wildlife, except as necessary to control noxious weeds as provided
under section 160.23; and
(4) identification of
appropriate right-of-way tracts for wildflower and native habitat
establishment.
Subd. 4. Legislative
report. (a) By January 15 of
each odd-numbered year, the commissioner must submit a performance report on
the program to the chairs and ranking minority members of the legislative
committees having jurisdiction over transportation policy and finance. At a minimum, the report must include:
(1) information that
details the department's progress on implementing the highways for habitat
program;
(2) a fiscal review that
identifies expenditures under the program; and
(3) an investment plan for
each district of the department for the next biennium.
(b) The performance
report must be reviewed by the department's chief engineer.
(c) This subdivision
expires December 31, 2033.
Sec. 15. Minnesota Statutes 2022, section 160.262, subdivision 3, is amended to read:
Subd. 3. Cooperation
among agencies and governments. (a)
The departments and agencies on the active transportation advisory committee
identified in section 174.375 must provide information and advice for the
bikeway design guidelines maintained by the commissioner.
(b) The commissioner
must provide technical assistance to local units of government in:
(1) local planning and
development of bikeways;
(2) establishing
connections to state bicycle routes; and
(3) implementing
statewide bicycle plans maintained by the commissioner.
(c) The commissioner may cooperate with and enter into agreements with the United States government, any department of the state of Minnesota, any unit of local government, any tribal government, or any public or private corporation in order to effect the purposes of this section.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 16. Minnesota Statutes 2022, section 160.266, subdivision 1b, is amended to read:
Subd. 1b. State bicycle routes. The commissioner of transportation must identify state bicycle routes primarily on existing road right-of-way and trails. State bicycle routes must be identified in cooperation with road and trail authorities, including the commissioner of natural resources, and with the advice of the active transportation advisory committee under section 174.375. In a metropolitan area, state bicycle routes must be identified in coordination with the plans and priorities established by metropolitan planning organizations, as defined in United States Code, title 23, section 134.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 17. Minnesota Statutes 2022, section 160.266, subdivision 6, is amended to read:
Subd. 6. Mississippi River Trail. The Mississippi River Trail bikeway is designated as a state bicycle route. It must originate at Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallel the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County, St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County, Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston County to Minnesota's boundary with Iowa and there terminate. Where opportunities exist, the bikeway may be designated on both sides of the Mississippi River.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 18. Minnesota Statutes 2022, section 160.266, is amended by adding a subdivision to read:
Subd. 7. Jim
Oberstar Bikeway. The Jim
Oberstar Bikeway is designated as a state bicycle route. It must originate in the city of St. Paul
in Ramsey County, then proceed north and east to Duluth in St. Louis
County, then proceed north and east along the shore of Lake Superior through
Grand Marais in Cook County to Minnesota's boundary with Canada, and there
terminate.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 19. Minnesota Statutes 2022, section 161.045, subdivision 3, is amended to read:
Subd. 3. Limitations on spending. (a) A commissioner must not pay for any of the following with funds from the highway user tax distribution fund or the trunk highway fund:
(1) Bureau of Criminal Apprehension laboratory;
(2) Explore Minnesota Tourism kiosks;
(3) Minnesota Safety Council;
(4) driver education programs;
(5) Emergency Medical Services Regulatory Board;
(6) Mississippi River Parkway Commission;
(7) payments to the Department of Information Technology Services in excess of actual costs incurred for trunk highway purposes;
(8) personnel costs incurred on behalf of the governor's office;
(9) the Office of Aeronautics within the Department of Transportation;
(10) the Office of Transit and Active Transportation within the Department of Transportation;
(11) the Office of Passenger Rail;
(12) purchase and maintenance of soft body armor under section 299A.38;
(13) tourist information centers;
(14) parades, events, or sponsorships of events;
(15) rent and utility
expenses for the department's central office building;
(16) the
installation, construction, expansion, or maintenance of public electric
vehicle infrastructure;
(17) (16) the
statewide notification center for excavation services pursuant to chapter 216D;
and
(18) (17) manufacturing
license plates.
(b) The prohibition in paragraph (a) includes all expenses for the named entity or program, including but not limited to payroll, purchased services, supplies, repairs, and equipment. This prohibition on spending applies to any successor entities or programs that are substantially similar to the entity or program named in this subdivision.
Sec. 20. Minnesota Statutes 2022, section 161.088, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section,
the following terms have the meanings given:.
(1) (b) "Beyond
the project limits" means any point that is located:
(i) (1) outside
of the project limits;
(ii) (2) along
the same trunk highway; and
(iii) (3) within
the same region of the state;.
(2) (c) "City"
means a statutory or home rule charter city;.
(d)
"Department" means the Department of Transportation.
(e) "Greater
metropolitan county" means any of the counties of Anoka, Carver, Chisago,
Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
(3) (f) "Program"
means the corridors of commerce program established in this section; and.
(4) (g) "Project
limits" means the estimated construction limits of a project for trunk
highway construction, reconstruction, or maintenance, that is a candidate for
selection under the corridors of commerce program.
(h) "Screening
entity" means an area transportation partnership; the Metropolitan Council
in consultation with the Transportation Advisory Board under section 473.146,
subdivision 4; or a greater metropolitan county.
Sec. 21. Minnesota Statutes 2022, section 161.088, subdivision 2, is amended to read:
Subd. 2. Program
authority; funding. (a) As provided
in this section, the commissioner shall must establish a
corridors of commerce program for trunk highway construction, reconstruction,
and improvement, including maintenance operations, that improves commerce in
the state.
(b) The commissioner may expend funds under the program from appropriations to the commissioner that are:
(1) made specifically by law for use under this section;
(2) at the discretion of the commissioner, made for the budget activities in the state roads program of operations and maintenance, program planning and delivery, or state road construction; and
(3) made for the corridor investment management strategy program, unless specified otherwise.
(c) The commissioner shall
must include in the program the cost participation policy for local
units of government.
(d) The commissioner may
use up to 17 percent of any appropriation to the program under this
section for program delivery and for project scoring, ranking, and
selection under subdivision 5.
Sec. 22. Minnesota Statutes 2022, section 161.088, subdivision 4, is amended to read:
Subd. 4. Project eligibility. (a) The eligibility requirements for
projects that can be funded under the program are:
(1) consistency with the statewide multimodal transportation plan under section 174.03;
(2) location of the project
on an interregional corridor the national highway system, as provided
under Code of Federal Regulations, title 23, part 470, and successor
requirements, for a project located outside of the Department of
Transportation metropolitan district;
(3) placement into at least one project classification under subdivision 3;
(4) project construction
work will commence within three four years, or a longer length
of time as determined by the commissioner except for readiness
development projects funded under subdivision 4b; and
(5) for each type of
project classification under subdivision 3, a maximum allowable amount for the
total project cost estimate, as determined by the commissioner with available
data; and
(6) determination of a total project cost estimate with a reasonable degree of accuracy, except for readiness development projects funded under subdivision 4b.
(b) A project whose construction is programmed in the state transportation improvement program is not eligible for funding under the program. This paragraph does not apply to a project that is programmed as result of selection under this section.
(c) A project may be, but is not required to be, identified in the 20-year state highway investment plan under section 174.03.
(d) For each project, the commissioner must consider all of the eligibility requirements under paragraph (a). The commissioner is prohibited from considering any eligibility requirement not specified under paragraph (a).
Sec. 23. Minnesota Statutes 2022, section 161.088, is amended by adding a subdivision to read:
Subd. 4a. Project
funding; regional balance. (a)
To ensure regional balance throughout the state, the commissioner must
distribute all available funds under the program according to the following
regional allocations:
(1) Metro Projects: at least 25 percent and no more than 27.5
percent of the funds are for projects that are located within, on, or directly
adjacent to an area bounded by marked Interstate Highways 494 and 694;
(2) Metro Connector
Projects: at least 35 percent and no
more than 37.5 percent of the funds are for projects that:
(i) are not included in
clause (1); and
(ii) are located wholly
or primarily within a greater metropolitan county; and
(3) Regional Center
Projects: at least 35 percent and no
more than 40 percent of the funds are for projects that are not included in
clause (1) or (2).
(b) The commissioner must
calculate the percentages under paragraph (a) using total funds under the
program over the current and prior two consecutive project selection rounds. The calculations must include readiness
development projects funded under subdivision 4b.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 24. Minnesota Statutes 2022, section 161.088, is amended by adding a subdivision to read:
Subd. 4b. Project
funding; readiness development. (a)
The commissioner may allocate up to ten percent of funds available in each
fiscal year for the following readiness advancement activities on a project: planning, scoping, predesign, preliminary
engineering, and environmental analysis.
Any share of funds not allocated by the commissioner to readiness
advancement activities must be distributed to ranked projects in subdivision
4a.
(b) Funds under this
subdivision are for project development sufficient to: (1) meet the eligibility requirements under subdivision 4, paragraph (a), clauses (4)
and (6); and (2) provide for the scoring assessment under subdivision 5.
Sec. 25. Minnesota Statutes 2022, section 161.088, subdivision 5, is amended to read:
Subd. 5. Project
selection process; criteria. (a) The
commissioner must establish a process to identify, evaluate, and select
projects under the program. The process
must be consistent with the requirements of this subdivision and must not
include any additional evaluation scoring criteria. The process must include phases as
provided in this subdivision.
(b) As part of the
project selection process, the commissioner must annually accept
recommendations on candidate projects from area transportation partnerships and
other interested stakeholders in each Department of Transportation district. The commissioner must determine the
eligibility for each candidate project identified under this paragraph. For each eligible project, the commissioner
must classify and evaluate the project for the program, using all of the
criteria established under paragraph (c).
Phase 1: Project solicitation. Following enactment of each law that
makes additional funds available for the program, the commissioner must
undertake a public solicitation of potential projects for consideration. The solicitation must be performed through an
Internet recommendation process that allows for an interested party, including
an individual, business, local unit of government, corridor group, or interest
group, to submit a project for consideration.
(c) Phase 2: Local screening and
recommendations. The
commissioner must present the projects submitted during the open solicitation
under Phase 1 to the appropriate screening entity where each project is located. A screening entity must:
(1) consider all of the
submitted projects for its area;
(2) solicit input from
members of the legislature who represent the area for project review, comment,
and nonbinding approval or disapproval; and
(3) recommend projects
to the commissioner for formal scoring, as provided in Phase 3.
(d) In addition to
readiness development projects selected in paragraph (e), each screening entity
may recommend the following number of projects to the commissioner:
(1) for area
transportation partnerships, no more than three projects;
(2) for the Metropolitan
Council in consultation with the Transportation Advisory Board, no more than
four projects; and
(3) for each greater
metropolitan county, no more than two projects.
(e) Each screening entity
may select up to two additional projects to recommend to the commissioner for
readiness development funding as provided under subdivision 4b.
(f) A screening entity
may recommend a replacement project for one that the commissioner determines is
ineligible under subdivision 4. Each
recommendation must identify the comments and approvals or disapprovals
provided by a member of the legislature.
(g) Phase 3:
Project scoring. The
commissioner must confirm project eligibility under subdivision 4 and perform a
complete scoring assessment on each of the eligible projects recommended by the
screening entities under Phase 2.
(h) Projects must be evaluated
scored using all of the following criteria:
(1) a return on investment measure that provides for comparison across eligible projects;
(2) measurable impacts on commerce and economic competitiveness;
(3) efficiency in the movement of freight, including but not limited to:
(i) measures of annual average daily traffic and commercial vehicle miles traveled, which may include data near the project location on that trunk highway or on connecting trunk and local highways; and
(ii) measures of congestion or travel time reliability, which may be within or near the project limits, or both;
(4) improvements to traffic safety;
(5) connections to regional trade centers, local highway systems, and other transportation modes;
(6) the extent to which the project addresses multiple transportation system policy objectives and principles;
(7) support and consensus
for the project among members of the surrounding community; and
(8) the time and work needed
before construction may begin on the project; and.
(9) regional balance
throughout the state.
The commissioner must give the criteria in
clauses (1) to (8) equal weight in the selection scoring process. The commissioner may establish an
alternative scoring assessment method for readiness development projects funded
under subdivision 4b, which, to the extent practicable, must use the criteria
specified in this paragraph.
(d) The list of all
projects evaluated must be made public and must include the score of each
project.
(e) As part of the
project selection process, the commissioner may divide funding to be separately
available among projects within each classification under subdivision 3, and
may apply separate or modified criteria among those projects falling within each
classification.
(i) Phase 4:
Project ranking and selection.
On completion of project scoring under Phase 3, the commissioner
must develop a ranked list of projects based on total score, and must select
projects in rank order for funding under the program, subject to subdivisions
4a and 4b. The commissioner must specify
the amounts and known or anticipated sources of funding for each selected
project.
(j) Phase 5: Public information. The commissioner must publish
information regarding the selection process on the department's website. The information must include:
(1) lists of all
projects submitted for consideration and all projects recommended by the
screening entities;
(2) the scores and
ranking for each project; and
(3) an overview of each
selected project, with amounts and sources of funding.
(k) Phase 6:
Readiness development. For
project selection under Phase 4, if all selected projects from prior project
selection rounds under Phase 4 are funded, the commissioner must select
additional projects from projects that received readiness development
advancement funds under subdivision 4b. If
a project received readiness development advancement funds and does not have
sufficient sources of funding identified, the commissioner must re-score the
projects as provided under Phase 3 and include the project in Phase 4 in the
next selection round.
Sec. 26. Minnesota Statutes 2022, section 161.14, subdivision 97, is amended to read:
Subd. 97. Corporal
Caleb L. Erickson Memorial Highway. That
segment of marked Trunk Highway 13 in Waseca County from the southern border of
Woodville New Richland Township to the northern border of
Blooming Grove Township is designated as "Corporal Caleb L. Erickson
Memorial Highway." Subject to
section 161.139, the commissioner must adopt a suitable design to mark this
highway and erect appropriate signs.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 27. Minnesota Statutes 2022, section 161.14, is amended by adding a subdivision to read:
Subd. 103. Deputy
Josh Owen Memorial Overpass. The
overpass at the junction of marked Trunk Highway 29 and marked
Trunk Highway 55 in Pope County is designated as "Deputy Josh Owen
Memorial Overpass." Subject to
section 161.139, the commissioner must adopt a suitable design to mark the
overpass and erect appropriate signs.
Sec. 28. [161.178]
TRANSPORTATION GREENHOUSE GAS EMISSIONS IMPACT ASSESSMENT.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Applicable
entity" means the commissioner with respect to a capacity expansion
project for inclusion in the state transportation improvement program or a
metropolitan planning organization with respect to a capacity expansion project
for inclusion in the appropriate metropolitan transportation improvement
program.
(c)
"Assessment" means the capacity expansion impact assessment under
this section.
(d) "Capacity
expansion project" means a project for trunk highway construction or
reconstruction that:
(1) is a major highway
project, as defined in section 174.56, subdivision 1, paragraph (b); and
(2) adds highway traffic
capacity or provides for grade separation at an intersection, excluding
auxiliary lanes with a length of less than 2,500 feet.
(e) "Greenhouse gas
emissions" includes those emissions described in section 216H.01,
subdivision 2.
Subd. 2. Project
assessment. (a) Prior to
inclusion of a capacity expansion project in the state transportation
improvement program or a metropolitan transportation improvement program, the
applicable entity must perform a capacity expansion impact assessment of the
project. Following the assessment, the
applicable entity must determine if the project conforms with:
(1) the greenhouse gas
emissions reduction targets under section 174.01, subdivision 3; and
(2) the vehicle miles
traveled reduction targets established in the statewide multimodal
transportation plan under section 174.03, subdivision 1a.
(b) If the applicable
entity determines that the capacity expansion project is not in conformance
with paragraph (a), the applicable entity must:
(1) alter the scope or
design of the project and perform a revised assessment that meets the
requirements under this section;
(2) interlink sufficient
impact mitigation as provided in subdivision 4; or
(3) halt project
development and disallow inclusion of the project in the appropriate
transportation improvement program.
Subd. 3. Assessment
requirements. (a) The
commissioner must establish a process to perform capacity expansion impact
assessments. An assessment must provide
for the determination under subdivision 2.
(b) Analysis under an
assessment must include but is not limited to estimates resulting from the
project for the following:
(1) greenhouse gas
emissions over a period of 20 years; and
(2) a net change in vehicle
miles traveled for the affected network.
Subd. 4. Impact
mitigation. (a) To provide
for impact mitigation, the applicable entity must interlink the capacity
expansion project as provided in this subdivision.
(b) Impact mitigation is
sufficient under subdivision 2, paragraph (b), if the capacity expansion
project is interlinked to mitigation actions such that the total greenhouse gas
emissions reduction from the mitigation actions, after accounting for the greenhouse
gas emissions otherwise resulting from the capacity expansion project, is
consistent with meeting the targets specified under subdivision 2, paragraph
(a). Each comparison under this
paragraph must be performed over equal comparison periods.
(c) A mitigation action
consists of a project, program, or operations modification in one or more of
the following areas:
(1) transit expansion,
including but not limited to regular route bus, arterial bus rapid transit,
highway bus rapid transit, rail transit, and intercity passenger rail;
(2) transit service
improvements, including but not limited to increased service level, transit
fare reduction, and transit priority treatments;
(3) active
transportation infrastructure;
(4) micromobility
infrastructure and service, including but not limited to shared vehicle
services;
(5) transportation
demand management, including but not limited to vanpool and shared vehicle
programs, remote work, and broadband access expansion;
(6) parking management, including but not limited to parking requirements reduction or elimination and parking cost adjustments;
(7) land use, including
but not limited to residential and other density increases, mixed-use
development, and transit-oriented development;
(8) infrastructure
improvements related to traffic operations, including but not limited to
roundabouts and reduced conflict intersections; and
(9) natural systems,
including but not limited to prairie restoration, reforestation, and urban
green space.
(d) A mitigation action
may be identified as interlinked to the capacity expansion project if:
(1) there is a specified
project, program, or modification;
(2) the necessary
funding sources are identified and sufficient amounts are committed;
(3) the mitigation is
localized as provided in subdivision 5; and
(4) procedures are
established to ensure that the mitigation action remains in substantially the
same form or a revised form that continues to meet the calculation under
paragraph (b).
Subd. 5. Impact
mitigation; localization. (a)
A mitigation action under subdivision 4 must be localized in the following
priority order:
(1) within or associated
with at least one of the communities impacted by the capacity expansion
project;
(2) if there is not a
reasonably feasible location under clause (1), in areas of persistent poverty
or historically disadvantaged communities, as measured and defined in federal
law, guidance, and notices of funding opportunity;
(3) if there is not a
reasonably feasible location under clauses (1) and (2), in the region of the
capacity expansion project; or
(4) if there is not a
reasonably feasible location under clauses (1) to (3), on a statewide basis.
(b) The applicable
entity must include an explanation regarding the feasibility and rationale for
each mitigation action located under paragraph (a), clauses (2) to (4).
Subd. 6. Public
information. The commissioner
must publish information regarding capacity expansion impact assessments on the
department's website. The information
must include:
(1) identification of
capacity expansion projects; and
(2) for each project, a
summary that includes an overview of the expansion impact assessment, the
impact determination by the commissioner, and project disposition, including a
review of any mitigation actions.
Subd. 7. Safety
and well-being. The
requirements of this section are in addition to and must not supplant the
safety and well-being goals established under section 174.01, subdivision 2,
clauses (1) and (2).
EFFECTIVE DATE; APPLICATION.
This section is effective February 1, 2025. This section does not apply to a capacity
expansion project that was either included in the state transportation
improvement program or has been submitted for approval of the geometric layout
before February 1, 2025.
Sec. 29. Minnesota Statutes 2022, section 161.45, subdivision 1, is amended to read:
Subdivision 1. Rules. (a) Electric transmission, telephone, or telegraph lines; pole lines; community antenna television lines; railways; ditches; sewers; water, heat, or gas mains; gas and other pipelines; flumes; or other structures which, under the laws of this state or the ordinance of any city, may be constructed, placed, or maintained across or along any trunk highway, or the roadway thereof, by any person, persons, corporation, or any subdivision of the state, may be so maintained or hereafter constructed only in accordance with such rules as may be prescribed by the commissioner who shall have power to prescribe and enforce reasonable rules with reference to the placing and maintaining along, across, or in any such trunk highway of any of the utilities hereinbefore set forth.
(b) Except as necessary
to protect public safety or ensure the proper function of the trunk highway,
including future expansions, the rules prescribed by the commissioner under
paragraph (a) must not prohibit an entity from placing and maintaining electric
transmission lines along, across, or in any trunk highway if the entity:
(1) has a right to use
the public road right-of-way pursuant to section 222.37, subdivision 1;
(2) has a power purchase
agreement or an agreement to transfer ownership with a Minnesota utility that
directly, or through its members and agents, provides retail electric service
in the state; and
(3) obtains a permit from
the commissioner.
(c) The commissioner must
decide whether to issue a permit to an entity within 60 days of receiving the
entity's request.
(d) Nothing herein shall restrict the actions of public authorities in extraordinary emergencies nor restrict the power and authority of the commissioner of commerce as provided for in other provisions of law. Provided, however, that in the event any local subdivision of government has enacted ordinances relating to the method of installation or requiring underground installation of such community antenna television lines, the permit granted by the commissioner of transportation shall require compliance with such local ordinance.
Sec. 30. Minnesota Statutes 2022, section 161.45, subdivision 2, is amended to read:
Subd. 2. Relocation
of utility. Whenever the relocation
of any utility facility is necessitated by the construction of a project on a
trunk highway routes other than those described in section 161.46,
subdivision 2 route, the relocation work may be made a part of the
state highway construction contract or let as a separate contract as provided
by law if the owner or operator of the facility requests the commissioner to
act as its agent for the purpose of relocating the facilities and if the
commissioner determines that such action is in the best interests of the state. Payment by the utility owner or operator to
the state shall be in accordance with applicable statutes and the rules for
utilities on trunk highways.
Sec. 31. Minnesota Statutes 2022, section 161.46, subdivision 2, is amended to read:
Subd. 2. Relocation of facilities; reimbursement. (a) Whenever the commissioner shall determine the relocation of any utility facility is necessitated by the construction of a project on the routes of federally aided state trunk highways, including urban extensions thereof, which routes are included within the National System of
Interstate Highways, the owner or operator of such utility facility shall relocate the same in accordance with the order of the commissioner. After the completion of such relocation the cost thereof shall be ascertained and paid by the state out of trunk highway funds; provided, however, the amount to be paid by the state for such reimbursement shall not exceed the amount on which the federal government bases its reimbursement for said interstate system.
(b) Notwithstanding
paragraph (a), on or after January 1, 2024, any entity that receives a route
permit under chapter 216E for a high-voltage transmission line necessary to
interconnect an electric power generating facility is not eligible for
relocation reimbursement unless the entity directly, or through its members or
agents, provides retail electric service in this state.
Sec. 32. Minnesota Statutes 2022, section 161.53, is amended to read:
161.53 RESEARCH ACTIVITIES.
(a) The commissioner may set aside in each fiscal year up to two percent of the total amount of all funds appropriated to the commissioner other than county state-aid and municipal state-aid highway funds for transportation research including public and private research partnerships. The commissioner shall spend this money for (1) research to improve the design, construction, maintenance, management, and environmental compatibility of transportation systems, including research into and implementation of innovations in bridge‑monitoring technology and bridge inspection technology; bridge inspection techniques and best practices; and the cost-effectiveness of deferred or lower cost highway and bridge design and maintenance activities and their impacts on long-term trunk highway costs and maintenance needs; (2) research on transportation policies that enhance energy efficiency and economic development; (3) programs for implementing and monitoring research results; and (4) development of transportation education and outreach activities.
(b) Of all funds
appropriated to the commissioner other than state-aid funds, the commissioner
shall spend at least 0.1 percent, but not exceeding $2,000,000 in any fiscal
year, for research and related activities performed by the Center for
Transportation Studies of the University of Minnesota. The center shall establish a technology
transfer and training center for Minnesota transportation professionals.
Sec. 33. Minnesota Statutes 2022, section 162.145, subdivision 2, is amended to read:
Subd. 2. Small
cities assistance account. A small
cities assistance account is created in the special revenue fund. The account consists of funds as provided
by law, and any other money donated, allotted, transferred, or otherwise
provided to the account. Money in the
account is annually appropriated to the commissioner of transportation and
may only be expended as provided under this section.
Sec. 34. Minnesota Statutes 2022, section 162.145, subdivision 3, is amended to read:
Subd. 3. Administration. (a) Subject to funds made available by
law, The commissioner must allocate all funds in the small cities
assistance account as provided in subdivision 4 and must, by June 1,
certify to the commissioner of revenue the amounts to be paid.
(b) Following certification from the commissioner, the commissioner of revenue must distribute the specified funds to cities in the same manner as local government aid under chapter 477A. An appropriation to the commissioner under this section is available to the commissioner of revenue for the purposes specified in this paragraph.
(c) Notwithstanding other law to the contrary, in order to receive distributions under this section, a city must conform to the standards in section 477A.017, subdivision 2. A city that receives funds under this section must make and preserve records necessary to show that the funds are spent in compliance with subdivision 5.
Sec. 35. Minnesota Statutes 2022, section 162.145, subdivision 4, is amended to read:
Subd. 4. Distribution
formula. (a) In each fiscal year
in which funds are available under this section, the commissioner shall
allocate funds to eligible cities.
(b) (a) The
preliminary aid to each city is calculated as follows:
(1) five percent of funds allocated equally among all eligible cities;
(2) 35 percent of funds allocated proportionally based on each city's share of lane miles of municipal streets compared to total lane miles of municipal streets of all eligible cities;
(3) 35 percent of funds allocated proportionally based on each city's share of population compared to total population of all eligible cities; and
(4) 25 percent of funds allocated proportionally based on each city's share of state-aid adjustment factor compared to the sum of state-aid adjustment factors of all eligible cities.
(c) (b) The
final aid to each city is calculated as the lesser of:
(1) the preliminary aid to the city multiplied by an aid factor; or
(2) the maximum aid.
(d) (c) The
commissioner shall set the aid factor under paragraph (c) (b),
which must be the same for all eligible cities, so that the total funds
allocated under this subdivision equals the total amount available for the
fiscal year.
Sec. 36. [168.1258]
"LIONS CLUBS INTERNATIONAL" PLATES.
Subdivision 1. Issuance
of plates. The commissioner
must issue "Lions Clubs International" special plates or a single
motorcycle plate to an applicant who:
(1) is a registered
owner of a passenger automobile, noncommercial one-ton pickup truck,
motorcycle, or recreational vehicle;
(2) pays a fee in the
amount specified under section 168.12, subdivision 5, along with any other fees
required by this chapter;
(3) pays the
registration tax as required under section 168.013;
(4) contributes a
minimum of $25 upon initial application and $5 annually to the Lions Clubs
International account; and
(5) complies with this
chapter and rules governing registration of motor vehicles and licensing of
drivers.
Subd. 2. Design. The commissioner must adopt a suitable
plate design that includes the recognized emblem of Lions Clubs International
and the inscription "We Serve."
Subd. 3. Plates
transfer. On application to
the commissioner and payment of a transfer fee of $5, special plates issued
under this section may be transferred to another motor vehicle if the
subsequent vehicle is:
(1) qualified under
subdivision 1, clause (1), to bear the special plates; and
(2) registered to the same individual to whom the special plates were originally issued.
Subd. 4. Exemption. Special plates issued under this
section are not subject to section 168.1293, subdivision 2.
Subd. 5. Contributions;
account; appropriation. Contributions
collected under subdivision 1, clause (4), must be deposited in the Lions Clubs
International account, which is established in the special revenue fund. Money in the account is annually appropriated
to the commissioner of public safety. This
appropriation is first for the annual cost of administering the account funds,
and the remaining funds are for distribution to Lions Clubs International to
further the organization's mission of service, fellowship, diversity,
integrity, and leadership.
EFFECTIVE DATE. This
section is effective January 1, 2024, for "Lions Clubs International"
special plates issued on or after that date.
Sec. 37. [168.1259]
MINNESOTA PROFESSIONAL SPORTS TEAM FOUNDATION PLATES.
Subdivision 1. Definition. For purposes of this section,
"Minnesota professional sports team" means one of the following teams
while its home stadium is located in Minnesota:
Minnesota Vikings, Minnesota Timberwolves, Minnesota Lynx, Minnesota
Wild, Minnesota Twins, or Minnesota United.
Subd. 2. General
requirements and procedures. (a)
The commissioner must issue Minnesota professional sports team foundation
plates to an applicant who:
(1) is a registered owner
of a passenger automobile, noncommercial one-ton pickup truck, motorcycle, or
recreational vehicle;
(2) pays an additional
fee in the amount specified for special plates under section 168.12,
subdivision 5;
(3) pays the registration
tax required under section 168.013;
(4) pays the fees
required under this chapter;
(5) contributes a minimum
of $30 annually to the professional sports team foundations account; and
(6) complies with this
chapter and rules governing registration of motor vehicles and licensing of
drivers.
(b) Minnesota
professional sports team foundation plates may be personalized according to
section 168.12, subdivision 2a.
Subd. 3. Design. At the request of a Minnesota
professional sports team's foundation, the commissioner must, in consultation
with the foundation, adopt a suitable plate design incorporating the
foundation's marks and colors. The
commissioner may design a single plate that incorporates the marks and colors
of all foundations that have requested a plate.
Subd. 4. Plate
transfers. On application to
the commissioner and payment of a transfer fee of $5, special plates issued
under this section may be transferred to another motor vehicle if the
subsequent vehicle is:
(1) qualified under
subdivision 2, clause (1), to bear the special plates; and
(2) registered to the same
individual to whom the special plates were originally issued.
Subd. 5. Contributions;
account; appropriation. Contributions
collected under subdivision 2, paragraph (a), clause (5), must be deposited in
the Minnesota professional sports team foundations account, which is
established in the special revenue fund.
Money in the account is appropriated to the commissioner of public
safety. This appropriation is first for
the annual cost of administering the account funds, and the remaining funds are
for distribution to the foundations in proportion to the total number of
Minnesota professional sports team foundation plates issued for that year. Proceeds from a plate that includes the marks
and colors of all foundations must be divided evenly between all foundations. The foundations must only use the proceeds
for philanthropic or charitable purposes.
EFFECTIVE DATE. This
section is effective January 1, 2024, for Minnesota professional sports team
foundation special plates issued on or after that date.
Sec. 38. [168.1287]
MINNESOTA BLACKOUT PLATES.
Subdivision 1. Issuance
of plates. The commissioner
must issue blackout special license plates or a single motorcycle plate to an
applicant who:
(1) is a registered
owner of a passenger automobile, noncommercial one-ton pickup truck,
motorcycle, or recreational vehicle;
(2) pays an additional
fee in the amount specified for special plates under section 168.12,
subdivision 5;
(3) pays the
registration tax as required under section 168.013;
(4) pays the fees
required under this chapter;
(5) contributes a
minimum of $30 annually to the driver and vehicle services operating account;
and
(6) complies with this
chapter and rules governing registration of motor vehicles and licensing of
drivers.
Subd. 2. Design. The commissioner must adopt a suitable
plate design that includes a black background with white text.
Subd. 3. Plates
transfer. On application to
the commissioner and payment of a transfer fee of $5, special plates issued
under this section may be transferred to another motor vehicle if the
subsequent vehicle is:
(1) qualified under
subdivision 1, clause (1), to bear the special plates; and
(2) registered to the
same individual to whom the special plates were originally issued.
Subd. 4. Exemption. Special plates issued under this
section are not subject to section 168.1293, subdivision 2.
Subd. 5. Contributions;
account. Contributions
collected under subdivision 1, clause (5), must be deposited in the driver and
vehicle services operating account under section 299A.705.
EFFECTIVE DATE. This
section is effective January 1, 2024, for blackout special plates issued on or
after that date.
Sec. 39. [168.1288]
MINNESOTA MISSING AND MURDERED INDIGENOUS RELATIVES PLATES.
Subdivision 1. Issuance
of plates. The commissioner
must issue Minnesota missing and murdered Indigenous relatives special license
plates or a single motorcycle plate to an applicant who:
(1) is a registered
owner of a passenger automobile, noncommercial one-ton pickup truck,
motorcycle, or recreational vehicle;
(2) pays an additional
fee in the amount specified for special plates under section 168.12,
subdivision 5;
(3) pays the registration tax as required under section 168.013;
(4) pays the fees
required under this chapter;
(5) contributes a minimum of $25 annually to the Minnesota missing and
murdered Indigenous relatives account; and
(6) complies with this
chapter and rules governing registration of motor vehicles and licensing of
drivers.
Subd. 2. Design. In consultation with the Office of
Missing and Murdered Indigenous Relatives, the commissioner must adopt a
suitable plate design that includes a red handprint to one side, a partial
ribbon skirt toward the bottom corner, and reads "Missing and Murdered
Indigenous Relatives" or "MMIR."
Subd. 3. Plates
transfer. On application to
the commissioner and payment of a transfer fee of $5, special plates issued
under this section may be transferred to another motor vehicle if the
subsequent vehicle is:
(1) qualified under
subdivision 1, clause (1), to bear the special plates; and
(2) registered to the
same individual to whom the special plates were originally issued.
Subd. 4. Exemption. Special plates issued under this
section are not subject to section 168.1293, subdivision 2.
Subd. 5. Contributions;
account; appropriation. Contributions
collected under subdivision 1, clause (5), must be deposited in the Minnesota
missing and murdered Indigenous relatives account, which is established in the
special revenue fund. Money in the
account is annually appropriated to the commissioner of public safety. This appropriation is first for the annual
cost of administering the account funds, and the remaining funds are for
distribution to the Office of Missing and Murdered Indigenous Relatives for
investigation of unsolved cases and to establish a reward fund for information
relating to missing and murdered Indigenous relatives.
EFFECTIVE DATE. This
section is effective January 1, 2024, for Minnesota missing and murdered Indigenous
relatives special plates issued on or after that date.
Sec. 40. Minnesota Statutes 2022, section 168.27, subdivision 31, is amended to read:
Subd. 31. Documentary fee. (a) A motor vehicle dealer may not charge a documentary fee or document administration fee in excess of the amounts provided under paragraph (b) for services actually rendered to, for, or on behalf of the retail buyer or lessee to prepare, handle, and process documents for the closing of a motor vehicle retail sale or lease of a vehicle being registered in the state of Minnesota. The fee must be separately stated on the sales agreement maintained under Minnesota Rules, part 7400.5200, and may be excluded from the dealer's advertised price.
(b) For motor vehicle sales or
leases made on or after July 1, 2017 2023, through June 30, 2020
2024, the maximum fee is $100 the lesser of $200 or an amount
equal to ten percent of the value of the sale or lease. For motor vehicle sales or leases made on or
after July 1, 2020 2024, through June 30, 2025, the maximum fee
is $125 the lesser of $275 or an amount equal to ten percent of the
value of the sale or lease. For motor
vehicle sales or leases made on or after July 1, 2025, the maximum fee is the
lesser of $350 or an amount equal to ten percent of the value of the sale or
lease.
(c) "Documentary fee" and "document administration fee" do not include an optional electronic transfer fee as defined under section 53C.01, subdivision 14.
EFFECTIVE DATE. This
section is effective for motor vehicle sales and leases made on or after July
1, 2023.
Sec. 41. Minnesota Statutes 2022, section 168.326, is amended to read:
168.326 EXPEDITED DRIVER AND VEHICLE SERVICES; FEE.
(a) When an applicant requests and pays an expedited service fee of $20, in addition to other specified and statutorily mandated fees and taxes, the commissioner shall expedite the processing of an application for a driver's license, driving instruction permit, Minnesota identification card, or vehicle title transaction.
(b) A driver's license agent or deputy registrar may retain $10 of the expedited service fee for each expedited service request processed by the licensing agent or deputy registrar.
(c) When expedited service is requested, materials must be mailed or delivered to the requester within three days of receipt of the expedited service fee excluding Saturdays, Sundays, or the holidays listed in section 645.44, subdivision 5. The requester shall comply with all relevant requirements of the requested document.
(d) The commissioner may decline to accept an expedited service request if it is apparent at the time it is made that the request cannot be granted.
(e) The expedited service
fees collected under this section for an application for a driver's license,
driving instruction permit, or Minnesota identification card minus any
portion retained by a licensing agent or deputy registrar under paragraph (b)
must be paid into the driver and vehicle services operating account in
the special revenue fund specified under section 299A.705.
(f) The expedited service
fees collected under this section for a transaction for a vehicle service minus
any portion retained by a licensing agent or deputy registrar under paragraph
(b) must be paid into the vehicle services operating account in the special
revenue fund specified under section 299A.705.
Sec. 42. Minnesota Statutes 2022, section 169.011, subdivision 27, is amended to read:
Subd. 27. Electric-assisted bicycle. "Electric-assisted bicycle" means a bicycle with two or three wheels that:
(1) has a saddle and fully operable pedals for human propulsion;
(2) meets the requirements for bicycles under Code of Federal Regulations, title 16, part 1512, or successor requirements;
(3) is equipped with an
electric motor that has a power output of not more than 750 watts; and
(4) meets the requirements
of a class 1, class 2, or class 3 electric-assisted bicycle; and
(5) has a battery or electric drive system that has been tested to an applicable safety standard by a third-party testing laboratory.
Sec. 43. [169.065]
SAFE ROAD ZONES.
Subdivision 1. Definition. For purposes of this section,
"local request" means a formal request collectively submitted by the
chief law enforcement officer of a political subdivision serving the proposed
safe road zone, the local road authority for the proposed safe road zone, and
the chief executive officer, board, or designee by resolution of the political
subdivision encompassing the proposed safe road zone.
Subd. 2. Establishment. (a) The commissioner may designate a
safe road zone as provided in this section.
(b) Upon receipt of a
local request, the commissioner, in consultation with the commissioner of
public safety, must consider designating a segment of a street or highway as a
safe road zone. In determining the
designation of a safe road zone, the commissioner must evaluate traffic safety
concerns for the street or highway, including but not limited to: excessive speed; crash history; safety of
pedestrians, bicyclists, or other vulnerable road users; intersection risks;
and roadway design.
Subd. 3. Implementation. The Advisory Council on Traffic Safety
under section 4.076 must make recommendations to the commissioners of public
safety and transportation on supporting the local authority with implementation
of safety measures for each safe road zone through education, public awareness,
behavior modification, and traffic engineering efforts. Safety measures for a safe road zone may
include:
(1) providing safe road
zone signs to the local authority for use in the zone;
(2) consulting with the
local authority on roadway design modifications to improve safety;
(3) performing statewide
safe road zone public awareness and educational outreach;
(4) providing safe road
zone outreach materials to the local authority for distribution to the general
public;
(5) working with the
local authority to enhance safety conditions in the zone;
(6) establishing a speed
limit as provided under section 169.14, subdivision 5i, with supporting speed
enforcement and education measures; and
(7) evaluating the
impacts of safety measures in the zone on:
crashes; injuries and fatalities; property damage; transportation system
disruptions; safety for vulnerable roadway users, including pedestrians and
bicyclists; and other measures as identified by the commissioner.
Subd. 4. Traffic
enforcement. The commissioner
of public safety must coordinate with local law enforcement agencies to
determine implementation of enhanced traffic enforcement in a safe road zone
designated under this section.
Subd. 5. Program
information. The commissioner
of transportation must maintain information on a website that summarizes safe
road zone implementation, including but not limited to identification of
requests for and designations of safe road zones, an overview of safety
measures and traffic enforcement activity, and a review of annual expenditures.
Sec. 44. Minnesota Statutes 2022, section 169.14, is amended by adding a subdivision to read:
Subd. 5i. Speed
limits in safe road zone. (a)
Upon request by the local authority, the commissioner may establish a temporary
or permanent speed limit in a safe road zone designated under section 169.065,
other than the limits provided in subdivision 2, based on an engineering and
traffic investigation.
(b) The speed limit under this
subdivision is effective upon the erection of appropriate signs designating the
speed and indicating the beginning and end of the segment on which the speed
limit is established. Any speed in
excess of the posted limit is unlawful.
Sec. 45. Minnesota Statutes 2022, section 169.18, subdivision 11, is amended to read:
Subd. 11. Passing parked authorized vehicle; citation; probable cause. (a) For purposes of this subdivision, "authorized vehicle" means an authorized emergency vehicle, as defined under section 169.011, subdivision 3; a tow truck or towing vehicle, as defined under section 168B.011, subdivision 12a; a freeway service patrol vehicle; a road maintenance vehicle; a utility company vehicle; a construction vehicle; a postal service vehicle; a solid waste vehicle; or a recycling vehicle.
(b) When approaching and
before passing an authorized vehicle with its emergency, flashing, or warning
lights activated that is parked or otherwise stopped on or next to a street or
highway having two lanes in the same direction, the driver of a vehicle shall
must safely move the vehicle to the lane farthest away from the
authorized vehicle, if it is possible to do so.
(c) When approaching and
before passing an authorized vehicle with its emergency, flashing, or warning
lights activated that is parked or otherwise stopped on or next to a street or
highway having more than two lanes in the same direction, the driver of a
vehicle shall must safely move the vehicle so as to leave a full
lane vacant between the driver and any lane in which the authorized vehicle is
completely or partially parked or otherwise stopped, if it is possible to do
so.
(d) If a lane change under paragraph (b) or (c) is impossible, or when approaching and before passing an authorized vehicle with its emergency, flashing, or warning lights activated that is parked or otherwise stopped on or next to a street or highway having only one lane in the same direction, the driver of a vehicle must reduce the speed of the motor vehicle to a speed that is reasonable and prudent under the conditions until the motor vehicle has completely passed the parked or stopped authorized vehicle, if it is possible to do so.
(e) A peace officer may issue a citation to the driver of a motor vehicle if the peace officer has probable cause to believe that the driver has operated the vehicle in violation of this subdivision within the four-hour period following the termination of the incident or a receipt of a report under paragraph (f). The citation may be issued even though the violation was not committed in the presence of the peace officer.
(f) Although probable cause may be otherwise satisfied by other evidentiary elements or factors, probable cause is sufficient for purposes of this subdivision when the person cited is operating the vehicle described by a member of the crew of an authorized emergency vehicle or a towing vehicle as defined in section 168B.011, subdivision 12a, responding to an incident in a timely report of the violation of this subdivision, which includes a description of the vehicle used to commit the offense and the vehicle's license plate number. For the purposes of issuance of a citation under paragraph (e), "timely" means that the report must be made within a four-hour period following the termination of the incident.
Sec. 46. Minnesota Statutes 2022, section 169.18, is amended by adding a subdivision to read:
Subd. 11a. Passing stalled or disabled vehicle. (a) For purposes of this subdivision, "stalled vehicle" means any motor vehicle that is disabled, parked, inoperable, or otherwise stopped on or next to a street or highway.
(b) When approaching and
before passing a stalled vehicle with either its hazard lights activated or
people visibly present outside the vehicle on or next to a street or highway
having two lanes in the same direction, the driver of a vehicle must, if it is
possible to do so, safely move the vehicle to the lane farthest away from the
stalled vehicle.
(c) When approaching and
before passing a stalled vehicle with either its hazard lights activated or
people visibly present outside the vehicle on or next to a street having two or
more lanes in the same direction, the driver of a vehicle must, if it is possible
to do so, safely move the vehicle so as to leave a full lane vacant between the
driver and any lane in which the stalled vehicle is completely or partially
parked or otherwise stopped.
(d) If a lane change
under paragraph (b) or (c) is impossible when approaching and before passing a
stalled vehicle with either its hazard lights activated or people visibly
present outside the vehicle on or next to a street or highway having only one
lane in the same direction, the driver of a vehicle must reduce the speed of
the motor vehicle to a speed that is reasonable and prudent under the
conditions until the motor vehicle has completely passed the stalled vehicle,
if it is possible to do so.
EFFECTIVE DATE. This section is effective July 1, 2023, and
applies to violations committed on or after that date.
Sec. 47. Minnesota Statutes 2022, section 169.222, subdivision 4, is amended to read:
Subd. 4. Riding
rules. (a) Every person operating a
bicycle upon a roadway shall on a road must ride as close as
practicable to the right-hand curb or edge of the roadway except under
any of the following situations road as the bicycle operator determines
is safe. A person operating a bicycle is
not required to ride as close to the right-hand curb or edge when:
(1) when overtaking
and passing another vehicle proceeding in the same direction;
(2) when preparing
for a left turn at an intersection or into a private road or driveway;
(3) when reasonably
necessary to avoid conditions that make it unsafe to continue along the
right-hand curb or edge, including fixed or moving objects, vehicles,
pedestrians, animals, surface hazards, or narrow width narrow‑width
lanes, that make it unsafe to continue along the right-hand curb or edge; or;
(4) when operating on
the shoulder of a roadway or in a bicycle lane.; or
(5) operating in a
right-hand turn lane before entering an intersection.
(b) If a bicycle is
traveling on a shoulder of a roadway, the bicycle shall operator must
travel in the same direction as adjacent vehicular traffic.
(c) Persons riding bicycles
upon a roadway or shoulder shall must not ride more than two
abreast and shall not impede the normal and reasonable movement of traffic
and, on a laned roadway, shall ride within a single lane.
(d) A person operating a
bicycle upon a sidewalk, or across a roadway or shoulder on a crosswalk, shall
must yield the right-of-way to any pedestrian and shall give an
audible signal when necessary before overtaking and passing any pedestrian. No A person shall must
not ride a bicycle upon a sidewalk within a business district unless
permitted by local authorities. Local
authorities may prohibit the operation of bicycles on any sidewalk or crosswalk
under their jurisdiction.
(e) An individual operating
a bicycle or other vehicle on a bikeway shall must (1) give an
audible signal a safe distance prior to overtaking a bicycle or individual, (2)
leave a safe clearance distance when overtaking a bicycle or individual
proceeding in the same direction on the bikeway, and shall (3)
maintain clearance until safely past the overtaken bicycle or individual.
(f) Notwithstanding
section 169.06, subdivision 4, a bicycle operator may cross an intersection
proceeding from the leftmost one-third of a dedicated right-hand turn lane
without turning right.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 48. Minnesota Statutes 2022, section 169.222, is amended by adding a subdivision to read:
Subd. 4a. Stopping
requirements. (a) For
purposes of this subdivision, "in the vicinity" means located in an
intersection or approaching an intersection in a manner that constitutes a
hazard of collision during the time that a bicycle operator would occupy the
intersection.
(b) A bicycle operator
who approaches a stop sign must slow to a speed that allows for stopping before
entering the intersection or the nearest crosswalk. Notwithstanding subdivision 1 and section
169.06, subdivision 4, if there is not a vehicle in the vicinity, the operator
may make a turn or proceed through the intersection without stopping.
(c) Nothing in this
subdivision alters the right-of-way requirements under section 169.20. The provisions under this subdivision do not
apply when traffic is controlled by a peace officer or a person authorized to
control traffic under section 169.06.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 49. Minnesota Statutes 2022, section 169.345, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For the purpose of section 168.021 and this section, the following terms have the meanings given them in this subdivision.
(b) "Health professional" means a licensed physician, licensed physician assistant, advanced practice registered nurse, licensed physical therapist, or licensed chiropractor.
(c) "Long-term certificate" means a certificate issued for a period greater than 12 months but not greater than 71 months.
(d) "Organization certificate" means a certificate issued to an entity other than a natural person for a period of three years.
(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the certificate referred to in subdivision 3, while the application is being processed.
(f) "Physically disabled person" means a person who:
(1) because of disability cannot walk without significant risk of falling;
(2) because of disability cannot walk 200 feet without stopping to rest;
(3) because of disability cannot walk without the aid of another person, a walker, a cane, crutches, braces, a prosthetic device, or a wheelchair;
(4) is restricted by a respiratory disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter;
(5) has an arterial oxygen tension (PaO2) of less than 60 mm/Hg on room air at rest;
(6) uses portable oxygen;
(7) has a cardiac condition to the extent that the person's functional limitations are classified in severity as class III or class IV according to standards set by the American Heart Association;
(8) has lost an arm or a leg
and does not have or cannot use an artificial limb; or
(9) has a disability that
would be aggravated by walking 200 feet under normal environmental conditions
to an extent that would be life threatening.; or
(10) is legally blind.
(g) A pregnant person experiencing
any of the conditions described in paragraph (f) is eligible for parking
privileges pursuant to this section.
(g) (h) "Short-term
certificate" means a certificate issued for a period greater than six
months but not greater than 12 months.
(h) (i) "Six-year
certificate" means a certificate issued for a period of six years.
(i) (j) "Temporary
certificate" means a certificate issued for a period not greater than six
months.
Sec. 50. Minnesota Statutes 2022, section 169.475, subdivision 2, is amended to read:
Subd. 2. Prohibition
on use; penalty. (a) Except as
provided in subdivision 3, when a motor vehicle is in motion or a part of
traffic, the person operating the vehicle upon a street or highway is
prohibited from:
(1) holding a wireless
communications device with one or both hands; or
(2) using a wireless communications device to:
(1) (i) initiate,
compose, send, retrieve, or read an electronic message;
(2) (ii) engage
in a cellular phone call, including initiating a call, talking or listening,
and participating in video calling; and
(3) (iii) access
the following types of content stored on the device: video content, audio content, images, games,
or software applications.
(b) A person who violates paragraph (a) a second or subsequent time must pay a fine of $275.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to violations committed on or
after that date.
Sec. 51. Minnesota Statutes 2022, section 169.475, subdivision 3, is amended to read:
Subd. 3. Exceptions. (a) The prohibitions in subdivision 2 do not apply if a person uses a wireless communications device:
(1) solely in a
voice-activated or hands-free mode to (i) initiate or participate in a
cellular phone call, provided that the person does not hold the device with
one or both hands; or to (ii) initiate, compose, send, or
listen to an electronic message;
(2) to view or operate a global positioning system or navigation system in a manner that does not require the driver to type while the vehicle is in motion or a part of traffic, provided that the person does not hold the device with one or both hands;
(3) to listen to audio-based content in a manner that does not require the driver to scroll or type while the vehicle is in motion or a part of traffic, provided that the person does not hold the device with one or both hands;
(4) to obtain emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;
(5) in the reasonable belief that a person's life or safety is in immediate danger; or
(6) in an authorized emergency vehicle while in the performance of official duties.
(b) The exception in paragraph (a), clause (1), does not apply to accessing nonnavigation video content, engaging in video calling, engaging in live-streaming, accessing gaming data, or reading electronic messages.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to violations committed on or
after that date.
Sec. 52. Minnesota Statutes 2022, section 169.8261, is amended to read:
169.8261 GROSS WEIGHT LIMITATIONS; FOREST PRODUCTS SPECIAL
PERMIT.
Subdivision 1. Exemption
Definition. (a) For
purposes of this section, "raw or unfinished forest products" include
wood chips, paper, pulp, oriented strand board, laminated strand lumber,
hardboard, treated lumber, untreated lumber, or barrel staves.
(b) In compliance with this
section, a person may operate a vehicle or combination of vehicles to haul raw
or unfinished forest products by the most direct route to the nearest paved
highway on any highway with gross weights permitted under sections 169.823 to
169.829.
Subd. 1a. Six-axle
and over-width vehicle permit. (a)
A road authority may issue an annual permit authorizing a vehicle or
combination of vehicles with a total of six or more axles to haul raw or
unfinished forest products by the most direct route to the nearest paved
highway on any highway with gross weights permitted under sections 169.823 to
169.829 and be operated with:
(1) a gross vehicle
weight of up to:
(i) 90,000 pounds; and
(ii) 99,000 pounds during
the period set by the commissioner under section 169.826, subdivision 1; and
(2) a total outside width
of the vehicle or the load that does not exceed 114 inches.
(b) In addition to the
conditions in subdivision 2, a vehicle or combination of vehicles that is
operated with a permit under this subdivision and transporting a load that
exceeds 108 inches must:
(1) display red or orange flags, 18 inches square, as markers at the
front and rear and on both sides of the load; and
(2) not be operated on
any road in a metropolitan county, as defined in section 473.121, subdivision
4.
(c) A vehicle or
combination of vehicles with a permit under this subdivision may only be
operated on an interstate highway:
(1) as provided under
United States Code, title 23, section 127(q), for operation on the specified
segment of marked Interstate Highway 35; or
(2) if the gross vehicle
weight does not exceed 80,000 pounds.
Subd. 2. Conditions. (a) A vehicle or combination of vehicles described
in subdivision 1 operated under this section 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;
(4) be operated under a
permit issued by each road authority having jurisdiction over a road on which
the vehicle is operated, if required by the road authority;
(7) (5) obey
all road and bridge postings, including those pertaining to lane or
roadway width; and
(8) (6) 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).
Subd. 3. Expiration date. Upon request of the permit applicant, the expiration date for a permit issued under this section must be the same as the expiration date of the permitted vehicle's registration.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 53. [169.8296]
WEIGHT LIMITS; TOWING AND RECOVERY VEHICLE.
Subdivision 1. Annual
permit. The commissioner may
issue permits to an applicant who pays a single $300 annual fee to cover all
tow trucks and towing vehicles owned by the applicant and who meets any other
conditions prescribed by the commissioner.
The proceeds of this fee must be deposited in the trunk highway fund. The permit authorizes the tow truck or towing
vehicle, when towing a disabled or damaged vehicle to a place of repair or
safekeeping, to exceed the length and weight limitations of this chapter.
Subd. 2. Applicability
with urgent movement. Sections
169.823 to 169.828 do not apply to a tow truck or towing vehicle when towing a
disabled or damaged vehicle and the movement is urgent and for the purpose of
removing the disabled vehicle from the roadway to a place of repair or
safekeeping. A permit is not required
for a vehicle operating under this subdivision.
Subd. 3. Seasonal
load restrictions; exemption. (a)
For purposes of this subdivision, "recovery vehicle" means a vehicle
equipped with a boom that is used to move or recover an inoperable vehicle.
(b) The seasonal load restrictions
under section 169.87, subdivisions 1 and 2, do not apply to a tow truck, towing
vehicle, or a recovery vehicle that does not exceed a weight of 20,000 pounds
per single axle and is being operated for the purpose of towing or recovering
another vehicle that:
(1) is involved in a
vehicle crash or is inoperable and is located within a public road
right-of-way; or
(2) has entered a public
body of water adjacent to the roadway.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 54. Minnesota Statutes 2022, section 169.865, subdivision 1a, is amended to read:
Subd. 1a. Definition. For purposes of this section, "qualifying agricultural products" means:
(1) agricultural crops, including but not limited to corn, soybeans, oats, grain, and by-products of agricultural crops;
(2) livestock, including but not limited to cattle, hogs, and poultry;
(3) food crops, including but not limited to sugar beets, potatoes, carrots, and onions;
(4) fluid milk;
(5) seed and material used
for or in livestock and poultry feed; and
(6) livestock manure.;
and
(7) raw or processed
grass seed.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 55. Minnesota Statutes 2022, section 171.042, is amended to read:
171.042 DRIVER'S LICENSE FOR MEDICAL REASON.
(a) For purposes of this
section, "relative" means the applicant's grandparent, parent,
sibling, or legal guardian, including adoptive, half, step, and in-law
relationships.
(b) Notwithstanding
any provisions of section 171.04, relating to the age of an applicant, the
commissioner may issue a driver's license to a person who has attained the age
of 15 years but is under the age of 16 years, who, except for age, is qualified
to hold a driver's license and who needs to operate a motor vehicle because of:
(1) personal or
family medical reasons;
(2) medical reasons of a
relative; or
(3) a disabled relative who has a disability that makes it difficult to drive or who does not have a driver's license due to a disability.
(c) 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).
(d) Applicants shall
must apply to the commissioner for the license on forms prescribed by
the commissioner. The application shall
must be accompanied by written verified statements by from
the applicant's parent or guardian and by relative or a doctor
setting forth the necessity reason the applicant is qualified for
the license. The commissioner in issuing
such license may impose such conditions and limitations as in the
commissioner's judgment are necessary to the interests of the public safety and
welfare.
EFFECTIVE DATE. This section is effective August 1, 2023, and applies to applications submitted on or after that date.
Sec. 56. Minnesota Statutes 2022, section 171.05, subdivision 2, is amended to read:
Subd. 2. Person less than 18 years of age. (a) The department may issue an instruction permit to an applicant who is 15, 16, or 17 years of age and who:
(1) has completed a course
of driver education in another state, has a previously issued valid license
from another state, or:
(i) is enrolled in either:
behind-the-wheel training in a driver education program; and
(ii) has completed:
(i) a public, private, or
commercial (A) the classroom phase of instruction in a driver
education program that is approved by the commissioner of public safety and
that includes classroom and behind-the-wheel training; or
(B) 15 hours of classroom instruction in a driver education program that
presents classroom and behind-the-wheel instruction concurrently;
(ii) an approved
behind-the-wheel driver education program (C) home-classroom driver
training, when the student is receiving full-time instruction in a home
school within the meaning of sections 120A.22 and 120A.24, the student is
working toward a homeschool home school diploma, the student
is taking home-classroom driver training with classroom materials are
approved by the commissioner of public safety, and the student's parent has
certified the student's homeschool home school and home-classroom
driver training status on the form approved by the commissioner;
(D) a teleconference
driver education program authorized by section 171.395; or
(E) an online driver
education program authorized by section 171.396;
(2) has completed the
classroom phase of instruction in the driver education program or has completed
15 hours of classroom instruction in a program that presents classroom and
behind-the-wheel instruction concurrently;
(3) (2) has
passed a test of the applicant's eyesight;
(4) (3) has
passed a department-administered test of the applicant's knowledge of traffic
laws;
(5) (4) has
completed the required application, which must be approved by (i) either parent
when both reside in the same household as the minor applicant or, if otherwise,
then (ii) the parent or spouse of the parent having custody or, in the event
there is no court order for custody, then (iii) the parent or spouse of the
parent with whom
the minor is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor, (v) the foster parent or the director of the transitional living program in which the child resides or, in the event a person under the age of 18 has no living father, mother, or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's adult spouse, adult close family member, or adult employer; provided, that the approval required by this clause contains a verification of the age of the applicant and the identity of the parent, guardian, adult spouse, adult close family member, or adult employer; and
(6) (5) has
paid all fees required in section 171.06, subdivision 2.
(b) In addition, the applicant may submit a certification stating that a primary driving supervisor has completed the supplemental parental curriculum under section 171.0701, subdivision 1a, for the purposes of provisional license requirements under section 171.055, subdivision 1, paragraph (a), clause (6). The certification must be completed by a driver education instructor, as defined under section 171.0701, subdivision 1a.
(c) For the purposes of
determining compliance with the certification of paragraph (a), clause (1),
item (ii), subitem (C), the commissioner may request verification of a
student's homeschool home school status from the superintendent
of the school district in which the student resides and the superintendent
shall provide that verification.
(d) A driver education
program under this subdivision includes a public, private, or commercial
program and must be approved by the commissioner.
(d) (e) The
instruction permit is valid for two years from the date of application and may
be renewed upon payment of a fee equal to the fee for issuance of an
instruction permit under section 171.06, subdivision 2.
Sec. 57. Minnesota Statutes 2022, section 171.06, subdivision 3, as amended by Laws 2023, chapter 13, article 1, section 3, and Laws 2023, chapter 34, article 1, section 2, is amended to read:
Subd. 3. Contents of application; other information. (a) An application must:
(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii) designated address under section 5B.05;
(2) as may be required by the commissioner, contain a description of the applicant and any other facts pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social Security number; or
(ii) if the applicant does not have a Social Security number and is applying for a Minnesota identification card, instruction permit, or class D provisional or driver's license, that the applicant elects not to specify a Social Security number;
(4) contain a notification to the applicant of the availability of a living will/health care directive designation on the license under section 171.07, subdivision 7;
(5) include a method for the applicant to:
(i) request a veteran designation on the license under section 171.07, subdivision 15, and the driving record under section 171.12, subdivision 5a;
(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);
(iii) as applicable,
designate document retention as provided under section 171.12, subdivision 3c; and
(iv) indicate emergency
contacts as provided under section 171.12, subdivision 5b.; and
(v) indicate the
applicant's race and ethnicity; and
(6) meet the requirements under section 201.161, subdivision 3.
(b) Applications must be accompanied by satisfactory evidence demonstrating:
(1) identity, date of birth, and any legal name change if applicable; and
(2) for driver's licenses and Minnesota identification cards that meet all requirements of the REAL ID Act:
(i) principal residence address in Minnesota, including application for a change of address, unless the applicant provides a designated address under section 5B.05;
(ii) Social Security number, or related documentation as applicable; and
(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
(c) An application for an enhanced driver's license or enhanced identification card must be accompanied by:
(1) satisfactory evidence demonstrating the applicant's full legal name and United States citizenship; and
(2) a photographic identity document.
(d) A valid Department of Corrections or Federal Bureau of Prisons identification card containing the applicant's full name, date of birth, and photograph issued to the applicant is an acceptable form of proof of identity in an application for an identification card, instruction permit, or driver's license as a secondary document for purposes of Minnesota Rules, part 7410.0400, and successor rules.
(e) An application form must not provide for identification of (1) the accompanying documents used by an applicant to demonstrate identity, or (2) except as provided in paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence in the United States. The commissioner and a driver's license agent must not inquire about an applicant's citizenship, immigration status, or lawful presence in the United States, except as provided in paragraphs (b) and (c).
EFFECTIVE DATE. This
section is effective January 1, 2024, for driver's license and identification
card applications submitted on or after that date.
Sec. 58. Minnesota Statutes 2022, section 171.06, subdivision 7, is amended to read:
Subd. 7. Remote application. (a) The commissioner must establish a process for an eligible individual to apply remotely for a driver's license or Minnesota identification card, whether through a website or other means, or a combination, as provided in this subdivision.
(b) The commissioner may issue or reinstate an expired driver's license or Minnesota identification card and may renew a driver's license or Minnesota identification card for an eligible individual who does not apply in-person if:
(1) the applicant submits documentation to demonstrate eligibility, as prescribed by the commissioner;
(2) there is not a material change to the applicant's name, date of birth, signature, and driver's license or identification number since the most recent driver's license or Minnesota identification card issuance;
(3) the application is not for a different type or class of driver's license or Minnesota identification card, as identified in sections 171.019, subdivision 2, and 171.02, subdivision 2;
(4) one of the following requirements is met:
(i) the commissioner has a previous photograph of the applicant on file that was taken within the last five years or in conjunction with the most recent issuance; or
(ii) for a noncompliant license or identification card, the applicant submits a photograph that meets the requirements of sections 171.07 and 171.071, Minnesota Rules, part 7410.1810, subpart 1, and any other technical requirements established by the commissioner, which may include but are not limited to background color, lighting and visibility standards, and electronic file size;
(5) for a driver's license, the commissioner has a record that the applicant has undergone an examination of the applicant's eyesight within the last two years, or the applicant submits a vision examination certificate that:
(i) has been completed within the last two years;
(ii) is signed by a licensed physician or an optometrist, including one who holds a similar license in a jurisdiction outside the United States; and
(iii) is in a form as prescribed by the commissioner;
(6) for an expired driver's license or Minnesota identification card:
(i) expiration was within the past five years;
(ii) expiration was due to driver's license or identification card issuance by another jurisdiction; and
(iii) the application includes surrender or invalidation of a valid driver's license or identification card issued by another jurisdiction; and
(7) the most recent issuance, reinstatement, or renewal was not performed under this subdivision.
(c) A person who applies for a driver's license or Minnesota identification card under this subdivision is not required to:
(1) take a knowledge examination;
(2) take a road examination to demonstrate ability to exercise ordinary and reasonable control in the operation of a motor vehicle; and
(3) appear in-person for an updated photograph upon return to Minnesota or release from incarceration, as appropriate.
(d) For purposes of this subdivision, "eligible individual" means:
(1) a person serving outside Minnesota in active military service, as defined in section 190.05, subdivision 5, in any branch or unit of the armed forces of the United States;
(2) a person serving outside Minnesota as a volunteer in the Peace Corps;
(3) a person who is an
employee of a federal department or agency who is assigned to foreign service
outside of the United States; or
(4) a person residing
outside of Minnesota because the person is a spouse, domestic partner, or
dependent under age 26 of a person in clause (1), (2), or (3).; or
(5) a person who applies
for renewal and is serving a sentence of longer than six months in a Minnesota
jail or correctional facility that has no existing agreement on renewals with
the commissioner.
Sec. 59. Minnesota Statutes 2022, section 171.07, subdivision 15, is amended to read:
Subd. 15. Veteran designation. (a) At the request of an eligible applicant and on payment of the required fee, the department shall issue, renew, or reissue to the applicant a driver's license or Minnesota identification card bearing a graphic or written designation of:
(1) Veteran; or
(2) Veteran 100% T&P.
(b) At the time of the initial application for the designation provided under this subdivision, the applicant must:
(1) be one of the
following:
(i) a veteran, as
defined in section 197.447; or
(ii) a retired member of
the National Guard or a reserve component of the United States armed forces;
(2) have provide
a certified copy of the veteran's applicant's discharge papers that
confirms an honorable or general discharge under honorable conditions status,
or a military retiree identification card, veteran identification card, or
veteran health identification card; and
(3) if the applicant is seeking the disability designation under paragraph (a), clause (2), provide satisfactory evidence of a 100 percent total and permanent service-connected disability as determined by the United States Department of Veterans Affairs.
(c) The commissioner of
public safety is required to issue drivers' licenses and Minnesota
identification cards with the veteran designation only after entering a new
contract or in coordination with producing a new card design with modifications
made as required by law.
EFFECTIVE DATE; APPLICATION.
This section is effective August 1, 2023, and applies to
applications submitted on or after that date.
Sec. 60. Minnesota Statutes 2022, section 171.26, is amended to read:
171.26 MONEY CREDITED TO FUNDS.
Subdivision 1. Driver
and vehicle services operating account.
Unless otherwise specified, all money received under this
chapter must be paid into the state treasury and credited to deposited
in the driver and vehicle services operating account in the
special revenue fund specified under sections section
299A.705, except as provided in subdivision 2 of that section; 171.06,
subdivision 2a; 171.07, subdivision 11, paragraph (g); 171.20, subdivision 4,
paragraph (d); and 171.29, subdivision 2, paragraph (b).
Sec. 61. [171.301]
REINTEGRATION LICENSE.
Subdivision 1. Conditions
of issuance. (a) The
commissioner may issue a reintegration driver's license to any person:
(1) who is 18 years of
age or older;
(2) who has been
released from a period of at least 180 consecutive days of confinement or
incarceration in:
(i) an adult
correctional facility under the control of the commissioner of corrections or
licensed by the commissioner of corrections under section 241.021;
(ii) a federal
correctional facility for adults; or
(iii) an adult
correctional facility operated under the control or supervision of any other
state; and
(3) whose license has
been suspended or revoked under the circumstances listed in section 171.30,
subdivision 1, paragraph (a), clauses (1) to (4), for a violation that occurred
before the individual was incarcerated for the period described in clause (2).
(b) If the person's
driver's license or permit to drive has been revoked under section 169.792 or
169.797, the commissioner may only issue a reintegration driver's license to
the person after the person has presented an insurance identification card, policy,
or written statement indicating that the driver or owner has insurance coverage
satisfactory to the commissioner.
(c) If the person's
driver's license or permit to drive has been suspended under section 171.186,
the commissioner may only issue a reintegration driver's license to the person
after the commissioner receives notice of a court order provided pursuant to
section 518A.65, paragraph (e), showing that the person's driver's license or
operating privileges should no longer be suspended.
(d) If the person's
driver's license has been revoked under section 171.17, subdivision 1,
paragraph (a), clause (1), the commissioner may only issue a reintegration
driver's license to the person after the person has completed the applicable
revocation period.
(e) The commissioner
must not issue a reintegration driver's license:
(1) to any person
described in section 171.04, subdivision 1, clause (7), (8), (10), or (11);
(2) to any person
described in section 169A.55, subdivision 5;
(3) if the person has
committed a violation after the person was released from custody that results
in the suspension, revocation, or cancellation of a driver's license, including
suspension for nonpayment of child support or maintenance payments as described
in section 171.186, subdivision 1; or
(4) if the issuance
would conflict with the requirements of the nonresident violator compact.
(f) The commissioner
must not issue a class A, class B, or class C reintegration driver's license.
Subd. 2. Application. (a) Application for a reintegration
driver's license must be made in the form and manner approved by the
commissioner.
(b) A person seeking a
reintegration driver's license who was released from confinement or
incarceration on or after April 1, 2024, must apply for the license within one
year of release. A person seeking a
reintegration driver's license who was released from confinement or
incarceration before April 1, 2024, must apply for the license by April 1,
2025.
Subd. 3. Fees
prohibited. (a) For a
reintegration driver's license under this section:
(1) the commissioner
must not impose:
(i) a fee, surcharge, or
filing fee under section 171.06, subdivision 2; or
(ii) an endorsement fee
under section 171.06, subdivision 2a; and
(2) a driver's license
agent must not impose a filing fee under section 171.061, subdivision 4.
(b) Issuance of a
reintegration driver's license does not forgive or otherwise discharge any
unpaid fees or fines.
Subd. 4. Cancellation
of license. (a) The
commissioner must cancel the reintegration driver's license of any person who
commits a violation that would result in the suspension, revocation, or
cancellation of a driver's license, including suspension for nonpayment of
child support or maintenance payments as described in section 171.186,
subdivision 1. The commissioner must not
cancel a reintegration driver's license for payment of a fine or resolution of
a criminal charge if the underlying incident occurred before the reintegration
driver's license was issued, unless the conviction would have made the person
ineligible to receive a reintegration driver's license. Except as described in paragraph (b), a
person whose reintegration driver's license is canceled under this subdivision
may not be issued another reintegration driver's license and may not operate a
motor vehicle for the remainder of the period of suspension or revocation or 30
days, whichever is longer.
(b) A person whose
reintegration driver's license is canceled under paragraph (a) may apply for a
new reintegration driver's license if the person is incarcerated or confined
for a period of at least 180 consecutive days after the cancellation and the person
meets the conditions described in subdivision 1.
(c) Nothing in this
section prohibits cancellation and reinstatement of a reintegration driver's
license for any other reason described in section 171.14 provided any factor
making the person not eligible for a driver's license under section 171.04
occurred or became known to the commissioner after issuance of the
reintegration driver's license.
Subd. 5. Expiration. A reintegration driver's license
expires 15 months from the date of issuance of the license. A reintegration driver's license may not be
renewed.
Subd. 6. Issuance
of regular driver's license. (a)
Notwithstanding any statute or rule to the contrary, the commissioner must
issue a REAL ID-compliant or noncompliant license to a person who possesses a
reintegration driver's license if:
(1) the person has
possessed the reintegration driver's license for at least one full year;
(2) the reintegration
driver's license has not been canceled under subdivision 4 and has not expired
under subdivision 5;
(3) the person meets the
application requirements under section 171.06, including payment of the
applicable fees, surcharge, and filing fee under sections 171.06, subdivisions
2 and 2a, and 171.061, subdivision 4; and
(4) issuance of the
license does not conflict with the requirements of the nonresident violator
compact.
(b) The commissioner
must forgive any outstanding balance due on a fee or surcharge under section
171.29, subdivision 2, for a person who is eligible and applies for a license
under paragraph (a).
EFFECTIVE DATE. This
section is effective April 1, 2024.
Sec. 62. [171.395]
TELECONFERENCE DRIVER EDUCATION PROGRAM.
Subdivision 1. Authorization. A licensed driver education program
that provides both classroom and behind‑the-wheel instruction may offer
teleconference driver education as provided in this section. For purposes of this section, the driver
education program must offer both classroom and behind-the-wheel instruction. If a program partners or contracts with a
second program to provide any portion of classroom or behind-the-wheel
instruction, the first program is not eligible to offer teleconference driver
education instruction.
Subd. 2. Curriculum
and instruction requirements. (a)
A teleconference driver education program must:
(1) meet the
requirements as provided in section 171.0701, subdivision 1, and Minnesota
Rules, chapter 7411, or successor rules;
(2) use
teleconferencing, or another similar method, that provides live synchronous
distance learning and ensures that student questions and comments can be
addressed in real time;
(3) link all locations together with picture and sound;
(4) use classroom
instruction curriculum identical to the curriculum used by the driver education
program in an in-person setting;
(5) offer teleconference
instruction to any student enrolled in the approved driver education program;
and
(6) provide teleconference interactive supplemental parent curriculum consistent with section 171.0701, subdivision 1a.
(b) A student may
receive teleconference instruction only if the driver education instructor
verifies the student can interact with the instructor in real time with picture
and sound.
Sec. 63. [171.396]
ONLINE DRIVER EDUCATION PROGRAM.
(a) A licensed driver
education program may offer online driver education as provided in this section. The online driver education program must
satisfy the requirements for classroom driver education as provided in section
171.0701, subdivision 1, and Minnesota Rules, chapter 7411. In addition, an online driver education
program must:
(1) include a means for
the student to measure performance outcomes;
(2) use a pool of
rotating quiz questions;
(3) incorporate accountability features to ensure the identity of the
student while engaged in the course of online study;
(4) measure the amount
of time that the student spends in the course;
(5) provide technical
support to customers that is available 24 hours per day, seven days per week;
(6) require a licensed
Minnesota driver education instructor to monitor each student's progress and be
available to answer questions in a timely manner, provided that the instructor
is not required to monitor progress or answer questions in real time;
(7) store course content
and student data on a secure server that is protected against data breaches and
is regularly backed up;
(8) incorporate
preventive measures in place to protect against the access of private
information;
(9) include the ability
to update course content uniformly throughout the state; and
(10) provide online interactive supplemental parental curriculum
consistent with section 171.0701, subdivision 1a.
(b) Except as required
by this section, the commissioner is prohibited from imposing requirements on
online driver education programs that are not equally applicable to classroom
driver education programs.
Sec. 64. Minnesota Statutes 2022, section 174.01, is amended by adding a subdivision to read:
Subd. 3. Greenhouse
gas emissions targets. (a) In
association with the goals under subdivision 2, clauses (10) and (13) to (16),
the commissioner of transportation must establish targets for the statewide
greenhouse gas emissions reduction goal under section 216H.02, subdivision 1.
(b) The targets must
include:
(1) establishment of proportional
emissions reduction performance targets for the transportation sector;
(2) specification of the
performance targets on a five-year or more frequent basis; and
(3) allocation across
the transportation sector, which:
(i) must provide for an allocation
to the metropolitan area, as defined in section 473.121, subdivision 2;
(ii) must account for
differences in the feasibility and extent of emissions reductions across forms
of land use and across regions of the state; and
(iii) may include performance
targets based on Department of Transportation district, geographic region, a
per capita calculation, or transportation mode, or a combination.
EFFECTIVE DATE. This
section is effective February 1, 2025.
Sec. 65. Minnesota Statutes 2022, section 174.03, subdivision 1c, is amended to read:
Subd. 1c. Minnesota state highway investment plan. Within one year of each revision of the statewide multimodal transportation plan under subdivision 1a, the commissioner must prepare a 20-year Minnesota state highway investment plan that:
(1) incorporates performance measures and targets for assessing progress and achievement of the state's transportation goals, objectives, and policies identified in this chapter for the state trunk highway system, and those goals, objectives, and policies established in the statewide multimodal transportation plan. Performance targets must be based on objectively verifiable measures, and address, at a minimum:
(i) preservation and maintenance of the structural condition of state highway roadways, bridges, pavements, roadside infrastructure, and traveler-related facilities;
(ii) safety; and
(iii) mobility;
(2) summarizes trends and impacts for each performance target over the past five years;
(3) summarizes the amount and analyzes the impact of the department's capital investments and priorities over the past five years on each performance target, including a comparison of prior plan projected costs with actual costs;
(4) identifies the investments required to meet the established performance targets over the next 20-year period;
(5) projects available state and federal funding over the 20-year period, including any unique, competitive, time‑limited, or focused funding opportunities;
(6) identifies strategies to ensure the most efficient use of existing transportation infrastructure, and to maximize the performance benefits of projected available funding;
(7) establishes investment priorities for projected funding, which must:
(i) provide for cost-effective preservation, maintenance, and repair to address the goal under section 174.01, subdivision 2, clause (9), in a manner that aligns with other goals in that section;
(ii) as appropriate, provide a schedule of major projects or improvement programs for the 20-year period; and
(iii) identify resulting
projected costs and impact on performance targets; and
(8) identifies those
performance targets identified under clause (1) not expected to meet the target
outcome over the 20-year period together with alternative strategies that could
be implemented to meet the targets; and
(9) establishes procedures and guidance for capacity expansion project development to conform with section 161.178, subdivision 2, paragraph (a).
EFFECTIVE DATE. This
section is effective February 1, 2025, and applies to plan revisions adopted on
or after that date.
Sec. 66. [174.375]
ACTIVE TRANSPORTATION ADVISORY COMMITTEE.
Subdivision 1. Committee
established; duties. (a) The
commissioner of transportation must establish an active transportation advisory
committee. The advisory committee must
make recommendations to the commissioner on items related to:
(1) active
transportation, including safety, education, and development programs;
(2) the active
transportation program under section 174.38; and
(3) the safe routes to
school program under section 174.40.
(b) The committee must review and analyze issues and needs relating to
active transportation on public rights-of-way and identify solutions and
goals for addressing identified issues and needs.
(c) For purposes of this
section, "active transportation" includes bicycling, pedestrian
activities, and other forms of nonmotorized transportation.
Subd. 2. Membership. (a) The advisory committee consists of
the members specified in this subdivision.
(b) The commissioner of
transportation must appoint up to 18 public members as follows: one member from each of the department's
seven greater Minnesota districts; four members from the department's
metropolitan district; and no more than seven members at large. Each of the members at large must represent
nonmotorized interests or organizations.
(c) The commissioners of
each of the following state agencies must appoint an employee of the agency to
serve as a member: administration,
education, health, natural resources, public safety, transportation, and
pollution control. The chair of the
Metropolitan Council must appoint an employee of the council to serve as a
member. The director of Explore
Minnesota Tourism must appoint an employee of the agency to serve as a member.
(d) The division
administrator of the Federal Highway Administration may appoint an employee of
the agency to serve as a member.
(e) Each member of the
committee serves a four-year term at the pleasure of the appointing authority.
(f) The committee must
select a chair from its membership.
Subd. 3. Meetings;
staffing. (a) The advisory
committee must establish a meeting schedule and meet at least annually.
(b) The commissioner of
transportation must provide department staff support to the advisory committee.
Subd. 4. Expenses. (a) Members of the advisory committee
serve without compensation, but members who are not employees of government
agencies must be reimbursed for expenses in the same manner and amount as
authorized by the commissioner's plan adopted under section 43A.18, subdivision
2.
(b) To provide
compensation under paragraph (a), the commissioner of transportation may expend
the amount necessary from general fund appropriations.
Subd. 5. Reports. The advisory committee must submit an
annual report to the commissioner of transportation.
Subd. 6. Expiration. The advisory committee expires June
30, 2033.
EFFECTIVE DATE. This
section is effective the day following final enactment. The commissioner of transportation must
convene the first meeting by October 15, 2023.
Sec. 67. Minnesota Statutes 2022, section 174.38, subdivision 3, is amended to read:
Subd. 3. Active
transportation account. An active
transportation account is established in the special revenue fund. The account consists of funds provided by law
and any other money donated, allotted, transferred, or otherwise provided to
the account. Money in the account is
annually appropriated to the commissioner and must be expended only on a
project projects that receives receive financial
assistance under this section.
Sec. 68. Minnesota Statutes 2022, section 174.38, subdivision 6, is amended to read:
Subd. 6. Use of funds. (a) The commissioner must determine permissible uses of financial assistance under this section, which are limited to:
(1) construction and maintenance of bicycle, trail, and pedestrian infrastructure, including but not limited to safe routes to school infrastructure and bicycle facilities and centers; and
(2) noninfrastructure programming, including activities as specified in
section 174.40, subdivision 7a, paragraph (b).
(b) Of the amount made
available in each fiscal year, the first $500,000 is for grants to develop,
maintain, and implement active transportation safety curriculum for youth ages
five to 14 years old, and if remaining funds are available, for (1) youth ages
15 to 17 years old, (2) adult active transportation safety programs, and (3)
adult learn‑to-ride programs. The
curriculum must include resources for teachers and must meet the model training
materials requirements under section 123B.935, subdivision 4.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 69. [174.47]
ELECTRIC VEHICLE INFRASTRUCTURE PROGRAM.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b)
"Commissioner" means the commissioner of transportation.
(c) "Program"
means the electric vehicle infrastructure program established in this section.
(d) "Project"
includes but is not limited to planning, predesign, design, preliminary and
final engineering, environmental analysis, property acquisition, construction,
and maintenance.
Subd. 2. Electric
vehicle infrastructure program. The
commissioner must establish a statewide electric vehicle infrastructure program
for the purpose of implementing the National Electric Vehicle Infrastructure
Formula Program and successor programs to maximize the use of federal funds
available to the state.
Subd. 3. Authority
to contract. The commissioner
may enter into an agreement with any private or public entity to provide
financial assistance for, or engage in the planning, designing, developing,
hosting, constructing, equipping, operating, or maintaining of, electric
vehicle infrastructure, including but not limited to environmental studies,
preliminary engineering, final design, construction, and developing financial
and operating plans.
Subd. 4. Program
requirements. (a) The
commissioner must require that electric vehicle infrastructure funded under the
program is constructed, installed, and maintained in conformance with the
requirements under Code of Federal Regulations, title 23, section 680.106,
paragraph (j), or successor requirements.
(b) An electric vehicle
infrastructure project that receives funds under the program is subject to the
requirement of paying the prevailing wage rate as defined in section 177.42,
and the requirements and enforcement provisions in sections 177.27, 177.30,
177.32, 177.41 to 177.435, and 177.45.
Subd. 5. Report. (a) Every even-numbered year by
February 1, the commissioner must submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over
transportation policy and finance regarding the electric vehicle infrastructure
program. At a minimum, the report must
include:
(1) an itemization of
federal funds spent for the program, including the purpose of the expenditure
and the recipient of the expenditure;
(2) an itemization of
state funds spent for the program, including the purpose of the expenditure and
the recipient of the expenditure;
(3) the amount of money,
from any source, that was used for department staff related to the program;
(4) any changes to the
plan that were made since the previous report was submitted;
(5) the locations of
electric vehicle infrastructure created with the program, including the type of
infrastructure and whether the infrastructure is on public or private property;
(6) a description of how projects were selected; and
(7) a description of how
the commissioner is ensuring electric vehicle infrastructure is regionally
balanced.
(b) The commissioner is
not required to submit a report pursuant to this subdivision if, since the
previous report was submitted, no money has been spent pursuant to this
section.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 70. [174.59]
OPERATION COSTS FOR CENTRAL OFFICE BUILDING.
The cost of operation and
maintenance of the central office building for the Department of
Transportation, or the portion that is properly attributable to the Department
of Transportation, must be paid as follows:
(1) 75 percent from the trunk
highway fund, from available departmental resources; and
(2) 25 percent from the
general fund, for which an amount sufficient is annually appropriated from the
general fund to the commissioner.
EFFECTIVE DATE. This
section is effective July 1, 2025.
Sec. 71. Minnesota Statutes 2022, section 174.634, is amended to read:
174.634 PASSENGER RAIL; FUNDING.
Subdivision 1. General. (a) The commissioner may apply for funding from federal, state, regional, local, and private sources to carry out the commissioner's duties in section 174.632.
(b) Section 174.88, subdivision 2, does not apply to the commissioner's performance of duties and exercise of powers under sections 174.632 to 174.636.
Subd. 2. Passenger
rail account; transfers; appropriation.
(a) A passenger rail account is established in the special
revenue fund. The account consists of
funds as provided in this subdivision and any other money donated, allotted,
transferred, or otherwise provided to the account.
(b) By July 15 annually,
the commissioner of revenue must transfer an amount from the general fund to
the passenger rail account that equals 50 percent of the portion of the state
general tax under section 275.025 levied on railroad operating property, as
defined under section 273.13, subdivision 24, in the prior calendar year.
(c) Money in the account
is annually appropriated to the commissioner of transportation for the net
operating and capital maintenance costs of intercity passenger rail, after
accounting for operating revenue, federal funds, and other sources.
EFFECTIVE DATE. This
section is effective July 1, 2027.
Sec. 72. Minnesota Statutes 2022, section 219.015, subdivision 2, is amended to read:
Subd. 2. Railroad
company assessment; account; appropriation.
(a) As provided in this subdivision, the commissioner shall must
annually assess railroad companies that are (1) defined as common carriers
under section 218.011; (2) classified by federal law or regulation as Class I
Railroads, Class I Rail Carriers, Class II Railroads, or Class II Rail
Carriers; and (3) operating in this state.
(b) The assessment must be
calculated to allocate state rail safety inspection program costs
proportionally among carriers based on route miles operated in Minnesota at the
time of assessment. The commissioner
must include in the assessment calculation all state rail safety inspection
program costs to support up to four six rail safety inspector
positions, including but not limited to salary, administration, supervision,
travel, equipment, training, and ongoing state rail inspector duties.
(c) The assessments collected under this subdivision must be deposited in a state rail safety inspection account, which is established in the special revenue fund. The account consists of funds provided by this subdivision and any other money donated, allotted, transferred, or otherwise provided to the account. Money in the account is appropriated to the commissioner to administer the state rail safety inspection program.
Sec. 73. [219.055]
INCIDENT EMERGENCY RESPONSE; PREPAREDNESS AND INFORMATION.
Subdivision 1. Definitions. (a) The definitions in section 115E.01
apply to this section except as otherwise provided in this subdivision. For purposes of this section, the following
terms have the meanings given.
(b) "Applicable
emergency manager" means an emergency manager having jurisdiction along
the routes over which oil or other hazardous substance cargo is transported by
a rail carrier.
(c) "Applicable
fire department officer" means a fire chief or other senior officer of a
fire department having jurisdiction along the routes over which oil or other
hazardous substance cargo is transported by a rail carrier.
(d) "Emergency manager" means the director of a local
organization for emergency management under section 12.25.
(e) "Hazardous
substance" means any material identified in the definition of hazardous
substance under section 115B.02, subdivision 8, or Code of Federal Regulations,
title 49, section 171.8.
(f) "Incident
commander" means the official who has responsibility under National
Incident Management System guidelines for all aspects of emergency response
operations at an incident scene.
(g) "Rail
carrier" means a railroad company that:
(1) is defined as a
common carrier under section 218.011, subdivision 10;
(2) is classified by federal
law or regulation as a Class I railroad, Class I rail carrier, Class II
railroad, Class II rail carrier, Class III railroad, or Class III rail carrier;
and
(3) operates unit trains
or a train with at least one rail car carrying oil or hazardous substance cargo
in this state.
(h) "Unit
train" has the meaning given in section 115E.01, subdivision 11d.
Subd. 2. Traffic
review. Within ten business
days of receiving a written request, a rail carrier must provide a traffic
review to the commissioner of public safety, a requesting emergency manager, or
a fire chief having jurisdiction along the routes over which oil or other hazardous
substances are transported. The traffic
review under this subdivision must include information on the types and volumes
of oil or other hazardous substances transported through the requester's
jurisdiction during the prior calendar year.
Subd. 3. Emergency
response planning; information sharing.
Upon written request, a rail carrier must provide to the commissioner
of public safety, an emergency manager, or a fire chief having jurisdiction
along the routes over which oil or other hazardous substances are transported:
(1) a complete copy of
prevention and response plans submitted under section 115E.042, subdivision 6;
and
(2) a copy of the data
and information, including risk assessment information, used to develop the
rail carrier's route analysis as required under Code of Federal Regulations,
title 49, section 172.820, or successor requirements.
Subd. 4. Emergency
response planning; coordination meetings.
(a) Within 30 days of receiving a written request, a rail carrier
must be available to meet with the commissioner of public safety, a requesting
emergency manager, or a fire chief having jurisdiction along the routes over
which oil or other hazardous substances are transported concerning emergency
response planning and coordination.
(b) At a meeting held
under this subdivision, a rail carrier must provide:
(1) a review of the rail
carrier's emergency response planning and capability, including railroad
response timelines and resources to provide:
(i) technical advice and
recommendations;
(ii) trained response
personnel;
(iii) specialized
equipment; and
(iv) any other available
resources to support an incident commander who conducts a public safety
emergency response under the National Incident Management System; and
(2) inventory
information on emergency responses involving oil or other hazardous substances,
consisting of:
(i) equipment owned by
the rail carrier, including equipment type and location;
(ii) the rail carrier's
response personnel, including contact information and location; and
(iii) resources
available to the rail carrier through contractual agreements.
Subd. 5. Real-time
emergency response information; report required. (a) The commissioner of public safety
must, through the Minnesota Fusion Center, receive and disseminate emergency
response information as provided through the AskRail application or other
wireless communication device application described in paragraphs (b) and (c)
under section 7302 of the FAST Act of 2015, Public Law 114-94, and federal
regulations adopted under that section.
(b) By July 1, 2024, the
state fire marshal and the Division of Homeland Security and Emergency
Management, along with interested emergency management organizations and fire
chiefs, may encourage the adoption of the AskRail application or other wireless
communication device application for incorporation into emergency response
capabilities and to provide information on the transportation of oil or other
hazardous substances by rail.
(c) On and after July 1,
2024, all rail carriers subject to this section and section 115E.042 must
collectively provide information on the transportation of oil or other
hazardous substances in a digital format through a wireless communication
device application.
(d) By March 1, 2025,
the commissioner of public safety must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
transportation and public safety policy and finance regarding the effectiveness
of efforts to adopt the AskRail application or other wireless communication
device application required under paragraph (c).
Subd. 6. Public
safety emergency response exercises.
(a) For purposes of this subdivision, "tabletop
exercise" and "full-scale exercise" have the meanings given in
section 115E.042, subdivision 1a.
(b) By July 1, 2025, each rail carrier, upon request, must conduct one tabletop public safety emergency exercise in each emergency management region, as established by the Division of Homeland Security and Emergency Management, where the rail carrier transports oil or other hazardous substances. After July 1, 2025, each rail carrier, upon request, must conduct one tabletop public safety emergency exercise every two years and must alternate emergency management regions where the exercise is conducted.
(c) Exercises conducted
by a railroad under this subdivision must include at least one representative
from the Department of Public Safety, the regional program coordinator from the
Division of Homeland Security and Emergency Management where the exercise is
conducted, local emergency management organizations, fire departments, and
local units of government that each have jurisdiction along the routes over
which oil or hazardous substances are transported by railroad. Each exercise conducted under this subdivision
must be attended by safety representatives of railroad employees governed by
the Railway Labor Act, United States Code, title 45, section 151, et seq.
(d) To the extent feasible, a rail carrier may conduct tabletop public safety exercises concurrently with the exercises required in subdivision 7.
(e) If the commissioner
of the Pollution Control Agency requires a rail carrier to conduct a tabletop
public safety emergency response exercise as part of the annual exercise
requirements in section 115E.042, subdivision 5, the rail carrier is not
required to conduct an additional public safety emergency response exercise in
the emergency management region where the exercise took place for that calendar
year. If a rail carrier opts to conduct
a full-scale exercise, the rail carrier is not required to conduct an additional
tabletop public safety emergency exercise in that calendar year if the tabletop
exercise occurs after the full-scale exercise is completed.
Subd. 7. Incident commander response site exercises. (a) For purposes of this subdivision, "tabletop exercise" and "full-scale exercise" have the meanings given in section 115E.042, subdivision 1a.
(b) By July 1, 2025, each rail carrier, upon request, must conduct one tabletop incident commander response site exercise in each emergency management region, as established by the Division of Homeland Security and Emergency Management, where the rail carrier transports oil or other hazardous substances. After July 1, 2025, each rail carrier, upon request, must conduct one tabletop incident commander response site exercise every two years and must alternate emergency management regions where the exercise is conducted.
(c) Exercises conducted
by a railroad under this subdivision must include at least one representative
from the Department of Public Safety, the regional program coordinator from the
Division of Homeland Security and Emergency Management where the exercise is
being conducted, local emergency management organizations, fire departments,
and local units of government that each have jurisdiction along the routes over
which oil or hazardous substances are transported by railroad. Each exercise conducted under this
subdivision must be attended by safety representatives of railroad employees
governed by the Railway Labor Act, United States Code, title 45, section 151,
et seq.
(d) To the extent
feasible, a rail carrier may conduct tabletop incident commander response site
exercises concurrently with the exercises required in subdivision 6.
(e) If the commissioner
of the Pollution Control Agency requires a rail carrier to conduct a tabletop
incident commander response site exercise as part of the annual exercise
requirements in section 115E.042, subdivision 5, the rail carrier is not required
to conduct an additional exercise in the emergency management region where the
exercise took place for that calendar year.
Subd. 8. Full-scale exercises; requirement. (a) For purposes of this subdivision, "full-scale exercise" has the meaning given in section 115E.042, subdivision 1a.
(b) On and after July 1, 2023, each Class I railroad, Class I rail carrier, Class II railroad, or Class II rail carrier must, upon request, conduct a full-scale exercise every five years. Upon notification by the commissioner of public safety or the commissioner of the Pollution Control Agency, a Class III railroad or Class III rail carrier that transports oil or other hazardous substances by rail in Minnesota must participate in the full-scale exercise if the exercise occurs in the emergency management region along the routes where the Class III railroad or Class III rail carrier transports oil or other hazardous substances. To the extent feasible, a rail carrier may not conduct consecutive full-scale exercises in the same emergency management region.
(c) A full-scale exercise must be conducted under the time limits provided for a response to a confirmed discharge of oil or hazardous substances under section 115E.042, subdivision 4. The administration of a full-scale exercise must be conducted under the requirements of section 115E.042, subdivision 5, paragraphs (c) and (d). If the commissioner of the Pollution Control Agency requires a rail carrier to participate in a full-scale exercise as provided under section 115E.042, subdivision 5, a rail carrier may conduct the full-scale exercise with any other rail carrier that carries oil or hazardous substances in the emergency management region where the full-scale exercise is to take place.
(d) Each full-scale
exercise conducted under this section must be attended by safety
representatives of railroad employees governed by the Railway Labor Act, United
States Code, title 45, section 151, et seq.
(e) A rail carrier must
provide by telephone a qualified company representative with knowledge of the
rail carrier's response resources during the exercises.
Subd. 9. Transportation
and response planning data. (a)
Any data provided under subdivisions 2 to 8 to an emergency manager, incident
commander, emergency first responder, fire chief, or the commissioner of public
safety are nonpublic data, as defined under section 13.02, subdivision 9.
(b) Any prevention and
response plan data created under section 115E.042, subdivision 6, that is in
the possession of an emergency manager, incident commander, emergency first
responder, or fire chief are nonpublic data, as defined in section 13.02, subdivision
9.
Sec. 74. Minnesota Statutes 2022, section 219.1651, is amended to read:
219.1651 GRADE CROSSING SAFETY ACCOUNT.
A Minnesota grade crossing safety account is created in the special revenue fund, consisting of money credited to the account by law. Money in the account is appropriated to the commissioner of transportation for rail-highway grade crossing safety projects on public streets and highways, including engineering costs and other costs associated with administration and delivery of grade crossing safety projects. At the discretion of the commissioner of transportation, money in the account at the end of each biennium may cancel to the trunk highway fund.
Sec. 75. [219.752]
MINIMUM CREW SIZE.
Subdivision 1. Class
I or Class II railroad. A
Class I railroad or Class II railroad must not operate a train or light engine
used in connection with the movement of freight unless it has a crew of a
minimum of two individuals.
Subd. 2. Class
III railroad. (a) For
purposes of this subdivision, "shared corridor" means a segment of
railroad track in which light rail transit operates within or adjacent to
right-of-way used in freight rail operation.
(b) A Class III railroad
while operating in a shared corridor must not operate a train or light engine
used in connection with the movement of freight unless it has a crew of a
minimum of two individuals.
Subd. 3. Exemption. The requirements of this section do
not apply to hostler services or utility employees.
Subd. 4. Penalty;
action. (a) Any railroad that
willfully violates this section must pay a fine of not less than $250 or more
than $1,000 for a first offense, not less than $1,000 or more than $5,000 for a
second offense committed within three years of the first offense, and not less
than $5,000 nor more than $10,000 for a third or subsequent offense committed
within three years of the first offense.
(b) Fines prescribed in
this section must be recovered in a civil action before a judge of the county
in which the violation occurs.
EFFECTIVE DATE. This
section is effective 30 days following final enactment.
Sec. 76. Minnesota Statutes 2022, section 221.0269, is amended by adding a subdivision to read:
Subd. 4. Intrastate transportation; heating fuel. (a) If a regional emergency has been declared by the President of the United States or by the Federal Motor Carrier Safety Administration pursuant to United States Code, title 49, section 390.23(a), and the declaration includes heating fuel as a covered commodity, the federal regulations incorporated into section 221.0314, subdivision 9, for hours of service do not apply to drivers engaged in intrastate transportation of heating fuel.
(b) Notwithstanding the
relief provided in paragraph (a), a driver may not exceed a total of 14 hours
combined on-duty and driving time after coming on duty following at least ten
consecutive hours off-duty.
(c) If a driver is
operating under the relief provided by paragraph (a), and the declaration is in
effect for more than 30 calendar days, the
driver must take a 34-hour restart before the driver has been on duty for 30
consecutive days.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 77. Minnesota Statutes 2022, section 222.37, subdivision 1, is amended to read:
Subdivision 1. Use
requirements. Any water power,
telegraph, telephone, pneumatic tube, pipeline, community antenna television,
cable communications or electric light, heat, power company, entity that
receives a route permit under chapter 216E for a high-voltage transmission line
necessary to interconnect an electric power generating facility with
transmission lines or associated facilities of an entity that directly, or
through its members or agents, provides retail electric service in the state,
or fire department may use public roads for the purpose of constructing, using,
operating, and maintaining lines, subways, canals, conduits, transmission
lines, hydrants, or dry hydrants, for their business, but such lines shall
be so located as in no way to interfere with the safety and convenience of
ordinary travel along or over the same; and, in the construction and
maintenance of such line, subway, canal, conduit, transmission lines, hydrants,
or dry hydrants, the company entity shall be subject to all
reasonable regulations imposed by the governing body of any county, town or
city in which such public road may be. If
the governing body does not require the company entity to obtain
a permit, a company an entity shall notify the governing body of
any county, town, or city having jurisdiction over a public road prior to the
construction or major repair, involving extensive excavation on the road
right-of-way, of the company's entity's equipment along, over, or
under the public road, unless the governing body waives the notice requirement. A waiver of the notice requirement must be
renewed on an annual basis. For
emergency repair a company an entity shall notify the governing
body as soon as practical after the repair is made. Nothing herein shall be construed to grant to
any person any rights for the maintenance of a telegraph, telephone, pneumatic
tube, community antenna television system, cable communications system, or
light, heat, power system, electric power generating system, high-voltage
transmission line, or hydrant system within the corporate limits of any
city until such person shall have obtained the right to maintain such system
within such city or for a period beyond that for which the right to operate
such system is granted by such city.
Sec. 78. [289A.51]
ELECTRIC-ASSISTED BICYCLE REBATE.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b)
"Electric-assisted bicycle" has the meaning given in section 169.011,
subdivision 27, except that the term is limited to a new electric-assisted
bicycle purchased from an eligible retailer.
(c) "Eligible
expenses" means the amount paid for an electric-assisted bicycle and any
qualifying accessories purchased at the same time as the electric-assisted
bicycle, inclusive of sales tax but exclusive of any other related charges,
including charges for a warranty, service, or delivery.
(d) "Eligible
individual" means an individual who:
(1) is at least 15 years
old;
(2) is a resident
individual taxpayer at the time of application for a rebate certificate and in
the previous calendar year; and
(3) was not claimed as a dependent on another return in the taxable
year described in subdivision 3, paragraph (c).
(e) "Eligible
retailer" means a person who has engaged in the business of retail sales
of new electric-assisted bicycles for at least six months prior to receiving
the approval of the commissioner under subdivision 5.
(f) "Qualifying
accessories" means a bicycle helmet, lights, lock, luggage rack, basket,
bag or backpack, fenders, or reflective clothing.
Subd. 2. Rebate
established. An eligible
retailer that has been assigned a rebate certificate by an eligible individual
may apply to the commissioner for a rebate, as provided in this section.
Subd. 3. Amount
of rebate. (a) The amount of
a rebate under this section equals the lesser of:
(1) the applicable
percentage, multiplied by the amount of eligible expenses paid by an eligible
individual; or
(2) $1,500.
(b) The applicable
percentage equals 75 percent, but is reduced by one percentage point until the
percentage equals 50 percent, for each $4,000 of the eligible individual's
adjusted gross income in excess of:
(1) $50,000 for a
married taxpayer filing a joint return; and
(2) $25,000 for all
other filers.
(c) For the purposes of
determining the applicable percentage under paragraph (b) and subdivision 4,
paragraph (a), the commissioner must use the eligible individual's adjusted
gross income for the taxable year ending in the calendar year prior to the year
in which the individual applied for a rebate certificate.
Subd. 4. Commissioner
to issue rebate certificates. (a)
To qualify for a rebate under this section, an eligible individual must apply
to the commissioner for a rebate certificate in the manner specified by the
commissioner prior to purchasing an electric-assisted bicycle. As part of the application, the eligible
individual must include proof of the individual's adjusted gross income for the
taxable year specified in subdivision 3, paragraph (c). The commissioner must issue a rebate
certificate to an eligible individual stating the issuance date, the applicable
percentage, and the maximum rebate for which the taxpayer is eligible. For a married taxpayer filing a joint return,
each spouse may apply to the commissioner separately, and the commissioner must
issue each spouse a separate rebate certificate.
(b) The commissioner of
revenue may determine the date on which to open applications for a rebate
certificate, and applications must not be submitted before the date determined
by the commissioner. Beginning July 1,
2024, and July 1 of each subsequent calendar year for which there is an
allocation of rebate certificates, the commissioner must allocate rebate
certificates on a first-come, first-served basis. The commissioner must reserve 40 percent of
the certificates for a married taxpayer filing a joint return with an adjusted
gross income of less than $78,000 or any other filer with an adjusted gross
income of less than $41,000. Any portion
of the reserved amount under this paragraph that is not allocated by September
30 is available for allocation to other rebate certificate applications
beginning on October 1.
(c) The commissioner
must not issue rebate certificates totaling more than $2,000,000 in each of
calendar years 2024 and 2025, except any amount authorized but not allocated in
any calendar year does not cancel and is added to the allocation for the next
calendar year. When calculating the
amount of remaining allocations, the commissioner must assume that each
allocated but unclaimed certificate reduces the available allocations by
$1,500.
(d) A rebate certificate
that is not assigned to a retailer expires two months after the date the
certificate was issued and may not be assigned to a retailer after expiration. The amount of any expired rebate certificates
is added to the available allocation under paragraph (c).
Subd. 5. Certification
of eligible retailers. To be
eligible to be assigned a rebate certificate under this section, an eligible
retailer must apply to the commissioner of revenue to be certified as an
eligible retailer in the manner specified by the commissioner. The application must include proof that the
person applying has been actively involved in the business of retail sales of
new electric-assisted bicycles for at least six months.
Subd. 6. Application
for rebate. (a) An eligible
individual who purchases an electric-assisted bicycle may assign a rebate
certificate to an eligible retailer at the time of purchase. The retailer must reduce the price of the
electric-assisted bicycle by the amount of the rebate determined under
subdivision 3.
(b) The commissioner
must establish the form and manner by which a taxpayer may assign a rebate
certificate to a retailer. The
commissioner must establish a process through which retailers may quickly
verify the validity of a rebate certificate at the time of purchase.
(c) An eligible retailer
that was assigned a rebate certificate may apply to the commissioner for a
rebate within one month of the date of the sale. The application must be in the manner
specified by the commissioner. The
commissioner must pay to an eligible retailer who meets the requirements of
this section the amount of the rebate determined under subdivision 3.
(d) Only an eligible
retailer may apply for a rebate under this subdivision. To receive the benefit of a rebate under this
section, an eligible individual must assign a rebate certificate to an eligible
retailer.
(e) A rebate certificate
under this section must not be assigned or transferred more than once.
(f) The commissioner
must not pay any rebates under this section after June 30, 2026.
Subd. 7. Limitations. (a) The commissioner must not issue an
eligible individual a rebate certificate more than one time. This limitation does not apply to a rebate
certificate that expired.
(b) If an eligible
individual purchases an electric-assisted bicycle using a rebate under this
section and returns the bicycle to an eligible retailer, the eligible retailer
must repay to the commissioner the amount of the rebate received.
(c) The commissioner
must not issue a rebate certificate to an eligible individual who is subject to
a claim for a refund under chapter 270A.
(d) For
electric-assisted bicycles purchased using rebates under this section:
(1) an eligible retailer
must charge the same retail price for an electric-assisted bicycle as the
retailer charges for the same bicycle if it is purchased without a rebate; and
(2) an eligible retailer
must not charge a retail price in excess of the manufacturer's suggested retail
price.
Subd. 8. Appropriation. $4,000,000 in fiscal year 2024 is
appropriated from the general fund to the commissioner to implement the
requirements under this section, including but not limited to administration
and payment of refunds. This is a
onetime appropriation and is available until June 30, 2026.
Subd. 9. Sunset. This section expires June 30, 2026. The expiration of this section does not
affect the commissioner's authority to audit or power of examination and
assessment for rebates claimed under this section.
Sec. 79. Minnesota Statutes 2022, section 297A.993, is amended by adding a subdivision to read:
Subd. 2a. Uses
reporting. By February 15 of
each even-numbered year, a metropolitan county, as defined in section 473.121,
subdivision 4, that imposes the taxes under this section must submit a report
to the legislative committees with jurisdiction over transportation policy and
finance. At a minimum, the report must
include:
(1) actual
transportation sales tax collections by the county over the previous five
calendar years;
(2) an estimation of the total
sales tax revenue that is estimated to be collected by the county in the
current year and for the next ten calendar years; and
(3) for each of the
previous five calendar years, the current calendar year, and for the next ten
calendar years:
(i) the amount of sales
tax revenue expended or proposed to be expended for each of the following:
(A) planning,
construction, operation, or maintenance of guideways, as defined in section
473.4485, subdivision 1, paragraph (d);
(B) nonguideway transit
and active transportation uses;
(C) highway uses; and
(D) uses not otherwise
specified in subitems (A) to (C); and
(ii) an estimated
balance of unspent or undesignated county sales tax revenue.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 80. Minnesota Statutes 2022, section 299A.01, is amended by adding a subdivision to read:
Subd. 8. Traffic
safety report. Annually by
January 15, the commissioner of public safety must submit a traffic safety
report to the governor and the chairs and ranking minority members of the
legislative committees with jurisdiction over traffic safety and enforcement. In preparing the report, the commissioner
must seek advice and comments from the Advisory Council on Traffic Safety under
section 4.076. The report must analyze
the safety of Minnesota's roads and transportation system, including but not
limited to:
(1) injuries and
fatalities that occur on or near a roadway or other transportation system
facility;
(2) factors that caused
crashes resulting in injuries and fatalities;
(3) roadway and system
improvements broadly and at specific locations that could reduce injuries and
fatalities;
(4) enforcement and
education efforts that could reduce injuries and fatalities;
(5) other safety
improvements or programs to improve the quality of the roadway and
transportation use experience; and
(6) existing resources
and resource gaps for roadway and transportation system safety improvements.
Sec. 81. Minnesota Statutes 2022, section 299A.55, is amended to read:
299A.55 RAILROAD AND PIPELINE SAFETY; OIL AND OTHER HAZARDOUS MATERIALS
SUBSTANCES.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) "Applicable rail carrier" means a railroad company that is subject to an assessment under section 219.015, subdivision 2.
(c) "Emergency
manager" has the meaning given in section 219.055, subdivision 1.
(d) "Hazardous
substance" has the meaning given in section 115B.02, subdivision 8 means
any material identified in the definition of hazardous substance under section
115B.02, subdivision 8, or Code of Federal Regulations, title 49, section 171.8.
(d) (e)
"Incident compelling a significant response" means an event involving
rail carrier or pipeline company operations and a derailment, collision,
discharge, or other similar activity resulting in applicable response actions
performed by firefighters, peace officers, incident commanders, emergency
managers, or emergency first responders.
For purposes of this paragraph, "applicable response actions"
consist of one or more of the following:
a request for mutual aid or special response resources, establishment of
an exclusion zone, an order for evacuation or shelter in place, or emergency
notification to the general public.
(f) "Oil" has the meaning given in section 115E.01, subdivision 8.
(e) (g) "Pipeline
company" means any individual, partnership, association, or public or
private corporation who owns and operates pipeline facilities and is required
to show specific preparedness under section 115E.03, subdivision 2.
Subd. 2. Railroad and pipeline safety account. (a) A railroad and pipeline safety account is created in the special revenue fund. The account consists of funds collected under subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
(b) $104,000 $560,000
is annually appropriated from the railroad and pipeline safety account to the
commissioner of the Pollution Control Agency for environmental protection
activities related to railroad discharge preparedness under chapter 115E.
(c) $600,000 in fiscal
year 2018 and $600,000 in fiscal year 2019 are appropriated $750,000 in
fiscal year 2024 and $1,500,000 in each subsequent fiscal year are transferred
from the railroad and pipeline safety account to the commissioner of
transportation for improving safety at railroad grade crossings grade
crossing safety account under section 219.1651.
(d) Following the
appropriation in paragraphs paragraph (b) and the transfer in
paragraph (c), the remaining money in the account is annually appropriated
to the commissioner of public safety for the purposes specified in subdivision
3.
(e) By January 15, 2026,
the commissioner of public safety must submit a report on the railroad and
pipeline safety account to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation policy and finance. The report must list detailed revenues to and
expenditures from the account for the previous two fiscal years and must
include information on the purpose of each expenditure.
(f) If the balance of
the account at the end of a fiscal biennium is greater than $2,000,000, the
amount above $2,000,000 must be transferred to the grade crossing safety
account under section 219.1651.
Subd. 3. Allocation of funds. (a) Subject to funding appropriated for this subdivision, the commissioner shall provide funds for training and response preparedness related to (1) derailments, discharge incidents, or spills involving trains carrying oil or other hazardous substances, and (2) pipeline discharge incidents or spills involving oil or other hazardous substances.
(b) The commissioner shall
must allocate available funds as follows:
(1) $100,000 annually for emergency response teams; and
(2) the remaining amount to
the Board of Firefighter Training and Education under section 299N.02 and,
the Division of Homeland Security and Emergency Management, and the State
Fire Marshal Division.
(c) Prior to making
allocations under paragraph (b), the commissioner shall must
consult with the Fire Service Advisory Committee under section 299F.012,
subdivision 2.
(d) The commissioner and
the entities identified in paragraph (b), clause (2), shall must
prioritize uses of funds based on:
(1) firefighter
training needs for firefighters, emergency managers, incident commanders,
and emergency first responders;
(2) community risk from discharge incidents or spills;
(3) geographic balance;
(4) risks to the general public; and
(5) recommendations of the Fire Service Advisory Committee.
(e) The following are permissible uses of funds provided under this subdivision:
(1) training costs, which may include, but are not limited to, training curriculum, trainers, trainee overtime salary, other personnel overtime salary, and tuition;
(2) costs of gear and equipment related to hazardous materials readiness, response, and management, which may include, but are not limited to, original purchase, maintenance, and replacement;
(3) supplies related to the
uses under clauses (1) and (2); and
(4) emergency preparedness
planning and coordination;
(5) emergency response
team costs;
(6) public safety
emergency response exercises under section 219.055, subdivision 6;
(7) incident commander
and response site response exercises under section 219.055, subdivision 7;
(8) education and
outreach to encourage the adoption of the AskRail wireless communication device
application under section 219.055, subdivision 5;
(9) postincident review
and analysis under subdivision 5, based on costs incurred to state agencies and
local units of government; and
(10) public education
and outreach, including but not limited to:
(i) informing and
engaging the public regarding hazards of derailments and discharge incidents;
(ii) assisting the development
of evacuation readiness;
(iii) undertaking public
information campaigns; and
(iv) providing accurate information to the media on likelihood and consequences of derailments and discharge incidents.
(f) Notwithstanding paragraph (b), clause (2), from funds in the railroad and pipeline safety account provided for the purposes under this subdivision, the commissioner may retain a balance in the account for budgeting in subsequent fiscal years.
Subd. 4. Assessments. (a) The commissioner of public safety shall
must annually assess $2,500,000 $4,000,000 to railroad and
pipeline companies based on the formula specified in paragraph (b). The commissioner shall must
deposit funds collected under this subdivision in the railroad and pipeline
safety account under subdivision 2.
(b) The assessment for each
railroad is 50 70 percent of the total annual assessment amount,
divided in equal proportion between applicable rail carriers based on route
miles operated in Minnesota. The
assessment for each pipeline company is 50 30 percent of the
total annual assessment amount, divided in equal proportion between companies
based on the yearly aggregate gallons of oil and other hazardous substance
substances transported by pipeline in Minnesota.
(c) The assessments
under this subdivision expire July 1, 2017 In addition to the amount
identified in paragraph (a), the commissioner must assess the rail carrier or
pipeline company involved in an incident compelling a significant response for
all postincident review and analysis costs under subdivision 5 incurred by the
state and local units of government. This
paragraph applies regardless of whether an assessment is imposed under
paragraph (a) in a fiscal year.
Subd. 5. Postincident
review and analysis; legislative report; data. (a) After an incident compelling a
significant response, or upon request of a fire chief or emergency manager
after an incident, the commissioner must ensure a postincident review and
analysis is performed in a timely manner.
The review and analysis must be undertaken under an agreement with an
entity having relevant knowledge and experience that is fully independent of
the state, any local units of government involved in the incident, rail
carriers, and pipeline companies.
(b) The review and
analysis process must include an after action review and must evaluate, at a
minimum, processes occurring during the incident for emergency assessment,
hazard operations, population protection, and incident management. The review and analysis must be designed to
minimize duplication of topics and issues addressed in any federal review of
the incident.
(c) By March 1 following
any calendar year in which one or more postincident reviews and analyses are
performed, the commissioner must submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over transportation
and public safety policy and finance. The
report must:
(1) provide a summary of
the incidents;
(2) identify findings,
lessons learned, and process changes; and
(3) make recommendations
for legislative changes, if any.
(d) Except for the
report under paragraph (c), any data under this subdivision are nonpublic data,
as defined under section 13.02, subdivision 9.
Sec. 82. Minnesota Statutes 2022, section 299A.705, subdivision 1, is amended to read:
Subdivision 1. Driver
and vehicle services operating account.
(a) The driver and vehicle services operating account is
created in the special revenue fund, consisting. The account consists of all money from
the vehicle services fees specified in chapters 168, 168A, and 168D, all
money collected under chapter 171, and any other money donated, allotted,
transferred, or otherwise provided to the account.
(b) Funds appropriated from
the account must be used by the commissioner of public safety to administer:
(1) the driver services
specified in chapters 169A and 171, including the activities associated with
producing and mailing drivers' licenses and identification cards and notices
relating to issuance, renewal, or withdrawal of driving and identification card
privileges for any fiscal year or years and for the testing and examination of
drivers; and
(2) the vehicle services specified in chapters 168, 168A, and 168D, and section 169.345, including:
(1) (i) designing,
producing, issuing, and mailing vehicle registrations, plates, emblems, and
titles;
(2) (ii) collecting
title and registration taxes and fees;
(3) (iii) transferring
vehicle registration plates and titles;
(4) (iv) maintaining
vehicle records;
(5) (v) issuing
disability certificates and plates;
(6) (vi) licensing
vehicle dealers;
(7) (vii) appointing,
monitoring, and auditing deputy registrars; and
(8) (viii) inspecting
vehicles when required by law.
(c) In conjunction with
each forecast under section 16A.103, the submission of the governor's budget
under section 16A.11, and the completion of a legislative session, the
commissioner of management and budget must publish a supplemental statement for
the account. The statement must include:
(1) categorization of
revenue and expenditures for recent, current, and upcoming fiscal years, with
breakouts by anticipated expenditures under statutory and direct
appropriations;
(2) specification of the
account balance actuals or estimates in each fiscal year; and
(3) identification of
changes in comparison to the most recent prior forecast.
Sec. 83. Minnesota Statutes 2022, section 299F.60, subdivision 1, is amended to read:
Subdivision 1. Money
penalty. Any person who violates any
provision of sections 299F.56 to 299F.641, or any rule issued thereunder, is
subject to a civil penalty to be imposed by the commissioner not to exceed $100,000
for each violation for each day that the violation persists, except that the
maximum civil penalty must not exceed $1,000,000 for any related series of
violations the maximum penalties listed in Code of Federal Regulations,
title 49, part 190, and any successor regulations and standards that may be
amended or adopted.
Sec. 84. Minnesota Statutes 2022, section 299J.16, subdivision 1, is amended to read:
Subdivision 1. Civil
penalty. (a) A pipeline operator who
violates section 299J.07, subdivision 1, or 299J.15, or the rules of the
commissioner implementing those sections, shall forfeit and pay to the state a
civil penalty in an amount to be determined by the court, up to $100,000 for
each day that the operator remains in violation, subject to a maximum of
$1,000,000 for a related series of violations the maximum penalties
listed in Code of Federal Regulations, title 49, part 190, and any successor
regulations and standards that may be amended or adopted.
(b) The penalty provided under this subdivision may be recovered by an action brought by the attorney general at the request of the commissioner, in the name of the state, in connection with an action to recover expenses of the director under section 299J.13, subdivision 4:
(1) in the District Court of Ramsey County; or
(2) in the county of the defendant's residence.
Sec. 85. Minnesota Statutes 2022, section 357.021, subdivision 6, is amended to read:
Subd. 6. Surcharges
on criminal and traffic offenders. (a)
Except as provided in this subdivision, the court shall impose and the court
administrator shall collect a $75 surcharge on every person convicted of any
felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, other
than a violation of: (1) a law or
ordinance relating to vehicle parking, for which there shall be is
a $12 surcharge; and (2) section 609.855, subdivision 1, 3, or 3a, for which
there is a $25 surcharge. When a
defendant is convicted of more than one offense in a case, the surcharge shall
be imposed only once in that case. In
the Second Judicial District, the court shall impose, and the court
administrator shall collect, an additional $1 surcharge on every person
convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor
offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1
surcharge. The surcharge shall be imposed
whether or not the person is sentenced to imprisonment or the sentence is
stayed. The surcharge shall not be
imposed when a person is convicted of a petty misdemeanor for which no fine is
imposed.
(b) The court may reduce the amount or waive payment of the surcharge required under this subdivision on a showing of indigency or undue hardship upon the convicted person or the convicted person's immediate family. Additionally, the court may permit the defendant to perform community work service in lieu of a surcharge.
(c) The court administrator or other entity collecting a surcharge shall forward it to the commissioner of management and budget.
(d) If the convicted person is sentenced to imprisonment and has not paid the surcharge before the term of imprisonment begins, the chief executive officer of the correctional facility in which the convicted person is incarcerated shall collect the surcharge from any earnings the inmate accrues from work performed in the facility or while on conditional release. The chief executive officer shall forward the amount collected to the court administrator or other entity collecting the surcharge imposed by the court.
(e) A person who enters a diversion program, continuance without prosecution, continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay the surcharge described in this subdivision. A surcharge imposed under this paragraph shall be imposed only once per case.
(f) The surcharge does not apply to administrative citations issued pursuant to section 169.999.
(g) The surcharge does
not apply to administrative citations issued by transit rider investment
program personnel pursuant to section 473.4075.
EFFECTIVE DATE. This section is effective July 1, 2023, and
applies to violations committed on or after that date.
Sec. 86. Minnesota Statutes 2022, section 357.021, subdivision 7, is amended to read:
Subd. 7. Disbursement of surcharges by commissioner of management and budget. (a) Except as provided in paragraphs (b) to (d), the commissioner of management and budget shall disburse surcharges received under subdivision 6 as follows:
(1) one percent shall be credited to the peace officer training account in the game and fish fund to provide peace officer training for employees of the Department of Natural Resources who are licensed under sections 626.84 to 626.863, and who possess peace officer authority for the purpose of enforcing game and fish laws; and
(2) 99 percent shall be credited to the general fund.
(b) The commissioner of management and budget shall credit $3 of each surcharge received under subdivision 6 to the general fund.
(c) In addition to any amounts
credited under paragraph (a), the commissioner of management and budget shall
credit the following to the general fund:
$47 of each surcharge received under subdivision 6 and;
the $12 parking surcharge, to the general fund; and the $25 surcharge
for a violation of section 609.855, subdivision 1, 3, or 3a.
(d) If the Ramsey County Board of Commissioners authorizes imposition of the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator in the Second Judicial District shall transmit the surcharge to the commissioner of management and budget. The $1 special surcharge is deposited in a Ramsey County surcharge account in the special revenue fund and amounts in the account are appropriated to the trial courts for the administration of the petty misdemeanor diversion program operated by the Second Judicial District Ramsey County Violations Bureau.
EFFECTIVE DATE. This section is effective July 1, 2023, and
applies to violations committed on or after that date.
Sec. 87. Minnesota Statutes 2022, section 360.915, subdivision 6, is amended to read:
Subd. 6. Administration. (a) The commissioner must maintain
records on stand-alone meteorological towers under this section and must
provide information on stand-alone meteorological tower locations on the
department's website.
(b) The commissioner must
deposit revenue received under this section in the state airports fund.
Sec. 88. Minnesota Statutes 2022, section 473.145, is amended to read:
473.145 DEVELOPMENT GUIDE.
(a) The Metropolitan
Council shall must prepare and adopt, after appropriate study and
such public hearings as may be necessary, a comprehensive development guide for
the metropolitan area. It shall must
consist of a compilation of policy statements, goals, standards, programs, and
maps prescribing guides for the orderly and economical development, public and
private, of the metropolitan area. The
comprehensive development guide shall must recognize and
encompass physical, social, or economic needs of the metropolitan area and
those future developments which will have an impact on the entire area
including but not limited to such matters as land use, climate mitigation
and adaptation, parks and open space land needs, the necessity for and
location of airports, highways, transit facilities, public hospitals,
libraries, schools, and other public buildings.
(b) For the purposes of
this section, "climate mitigation and adaptation" includes mitigation
goals and strategies that meet or exceed the greenhouse gas emissions-reduction
goals established by the state under section 216H.02, subdivision 1, and
transportation targets established by the commissioner of transportation,
including vehicle miles
traveled reduction targets
established in the statewide multimodal transportation plan under section
174.03, subdivision 1a, as well as plans and policies to address climate
adaptation in the region. The
commissioner of transportation must consult with the Metropolitan Council on
transportation targets prior to establishing the targets.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 89. Minnesota Statutes 2022, section 473.39, is amended by adding a subdivision to read:
Subd. 1x. Obligations. In addition to other authority in this
section, the council may issue certificates of indebtedness, bonds, or other
obligations under this section in an amount not exceeding $104,545,000 for
capital expenditures as prescribed in the council's transit capital improvement
program and for related costs, including the costs of issuance and sale of the
obligations. Of this authorization,
after July 1, 2023, the council may issue certificates of indebtedness, bonds,
or other obligations in an amount not exceeding $51,500,000, and after July 1,
2024, the council may issue certificates of indebtedness, bonds, or other
obligations in an additional amount not exceeding $53,045,000.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 90. Minnesota Statutes 2022, section 473.39, subdivision 6, is amended to read:
Subd. 6. Limitation;
light rail transit. The council is
prohibited from expending any proceeds from certificates of indebtedness,
bonds, or other obligations under subdivisions 1u and, 1w, and
1x for project development, land acquisition, or construction to (1)
establish a light rail transit line; or (2) expand a light rail transit line,
including by extending a line or adding additional stops.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 91. Minnesota Statutes 2022, section 473.3999, is amended to read:
473.3999 LIGHT RAIL TRANSIT CONSTRUCTION; COUNCIL AUTHORITY; STAFF
ASSISTANCE; PROJECT MANAGER QUALIFICATIONS.
(a) The Metropolitan Council may exercise the powers granted in this chapter and in other applicable law, as necessary, to plan, design, acquire, construct, and equip light rail transit facilities in the metropolitan area as defined in section 473.121, subdivision 2.
(b) Notwithstanding any
cooperative agreement between the commissioner of transportation and the
Metropolitan Council in section 473.3994, subdivision 1a, if the council is the
responsible authority, the commissioner of transportation must provide staff
assistance to the council. To the extent
practicable, the Metropolitan Council must utilize the Department of
Transportation staff assistance for:
(1) delivery method
selection for the design, planning, acquisition, construction, and equipping of
light rail transit projects;
(2) risk assessment
analysis in the planning, designing, and construction of a light rail transit
facility or a new light rail transit project;
(3) contractor and
subcontractor schedule analysis and contractual requirements;
(4) light rail transit project cost management and budget analysis for the planning, designing, and construction of a light rail transit facility or new light rail transit project; and
(5) any other technical
areas of expertise that the Department of Transportation may offer.
(c) If the Metropolitan
Council is the responsible authority, the council must select a qualified
project manager and lead project engineer with at least ten years'
transportation industry experience to lead the planning, design, acquisition,
construction, or equipping of a new light rail transit project.
Sec. 92. [473.4065]
TRANSIT RIDER ACTIVITY.
Subdivision 1. Code
of conduct; establishment. (a)
The council must adopt a rider code of conduct for transit passengers. The council must post a copy of the code of
conduct in a prominent location at each light rail transit station, bus rapid
transit station, and transit center.
(b) The code of conduct
must not prohibit sleeping in a manner that does not otherwise violate conduct
requirements.
(c) Prior to adoption of
the rider code of conduct, or a revision, the council must perform a
stakeholder engagement process. At a
minimum, the process must include solicitation and consideration of public
comments on conduct requirements and the rider experience.
Subd. 2. Code
of conduct; violations. An
authorized transit representative, as defined in section 609.855, subdivision
7, paragraph (g), may order a person to depart a transit vehicle or transit
facility for a violation of the rider code of conduct established under
subdivision 1 if the person continues to act in violation of the code of
conduct after being warned once to stop.
Subd. 3. Paid
fare zones. The council must
establish and clearly designate paid fare zones at each light rail transit
station where the council utilizes self-service barrier-free fare collection.
Subd. 4. Light
rail transit facility monitoring. (a)
The council must implement and maintain public safety monitoring and response
activities at light rail transit facilities that include:
(1) placement of
security cameras and sufficient associated lighting that provide live coverage
for the entire area at each light rail transit station and each light rail
transit vehicle;
(2) installation of a
public address system at each light rail transit station that is capable of
providing information and warnings to passengers; and
(3) real-time active
monitoring of passenger activity and potential violations throughout the light
rail transit system.
(b) The monitoring
activities must include timely maintenance or replacement of malfunctioning
cameras or public address systems.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 93. [473.4075]
TRANSIT RIDER INVESTMENT PROGRAM.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms and the terms defined in section 609.855, subdivision 7, have
the meanings given.
(b) "Transit
official" means an individual who is authorized as TRIP personnel, a
community service officer, or a peace officer, as defined in section 626.84,
subdivision 1, paragraph (c).
(c) "TRIP
personnel" means persons specifically authorized by the council for the
transit rider investment program under this section, including but not limited
to fare inspection and enforcement, who are not peace officers or community
service officers.
(d) "TRIP" or
"program" means the transit rider investment program established in
this section.
Subd. 2. Program
established. (a) Subject to
available funds, the council must implement a transit rider investment program
that provides for TRIP personnel deployment, fare payment inspection,
administrative citation issuance, rider education and assistance, and
improvements to the transit experience.
(b) As part of program
implementation, the council must:
(1) adopt a resolution that establishes the program and establishes fine
amounts in accordance with subdivision 8;
(2) establish policies
and procedures that govern authorizing and training TRIP personnel, TRIP
personnel uniforms, issuing an administrative citation, and contesting an
administrative citation;
(3) consult with
stakeholders on the design of the program;
(4) develop a TRIP personnel recruitment plan that includes informing
and supporting potential applicants who are:
(i) representative of
transit users; and
(ii) from cultural, ethnic, and racial communities that are historically underrepresented in state or local public service;
(5) develop a TRIP
personnel strategic deployment plan that:
(i) requires teams of at
least two individuals; and
(ii) targets deployment
to times and locations with identified concentrations of activity that are
subject to administrative citations, other citations, or arrest or that
negatively impact the rider experience; and
(6) provide for training
to peace officers who provide law enforcement assistance under an agreement
with the council on the program and issuance of administrative citations.
Subd. 3. TRIP
manager. The council must
appoint a TRIP manager to manage the program.
The TRIP manager must have managerial experience in social services,
transit service, or law enforcement. The
TRIP manager is a TRIP personnel staff member.
Subd. 4. TRIP
personnel; duties; requirements. (a)
The duties of the TRIP personnel include:
(1) monitoring and
responding to passenger activity, including:
(i) informing passengers
about and specifying expectations related to the council's rider code of
conduct; and
(ii) assisting passengers in
obtaining social services, such as through information and referrals;
(2) acting as a liaison
to social service agencies;
(3) providing
information to passengers on using the transit system;
(4) providing direct
navigation assistance and accompaniment to passengers who have a disability,
are elderly, or request enhanced personal aid;
(5) performing fare
payment inspections;
(6) issuing
administrative citations as provided in subdivision 6; and
(7) obtaining assistance
from peace officers or community service officers as necessary.
(b) An individual who is
authorized as TRIP personnel must wear the uniform as established by the
council at all times when on duty.
Subd. 5. TRIP
personnel; training. Training
for TRIP personnel must include the following topics:
(1) early warning
techniques, crisis intervention, conflict de-escalation, and conflict
resolution;
(2) identification of
persons likely in need of social services;
(3) locally available
social service providers, including services for homelessness, mental health,
and addiction;
(4) policies and
procedures for administrative citations; and
(5) administration of
opiate antagonists in a manner that meets the requirements under section
151.37, subdivision 12.
Subd. 6. Administrative
citations; authority; issuance. (a)
A transit official has the exclusive authority to issue an administrative
citation to a person who commits a violation under section 609.855, subdivision
1, paragraph (a), clause (1), or 3.
(b) An administrative
citation must include notification that the person has the right to contest the
citation, basic procedures for contesting the citation, and information on the
timeline and consequences for failure to contest the citation or pay the fine.
(c) The council must not
mandate or suggest a quota for the issuance of administrative citations under
this section.
(d) Issuance and
resolution of an administrative citation is a bar to prosecution under section
609.855, subdivision 1, paragraph (a), clause (1), or 3, or for any other
violation arising from the same conduct.
Subd. 7. Administrative
citations; disposition. (a) A
person who commits a violation under section 609.855, subdivision 1, paragraph
(a), clause (1), or 3, and is issued an administrative citation under this
section must, within 90 days of issuance, pay the fine as specified or contest
the citation. A person who fails to
either pay the fine or contest the citation within the specified period is
considered to have waived the contested citation process and is subject to
collections.
(b) The council must provide a
civil process for a person to contest the administrative citation before a
neutral third party. The council may
employ a council employee not associated with its transit operations to hear
and rule on challenges to administrative citations or may contract with another
unit of government or a private entity to provide the service.
(c) The council may
contract with credit bureaus, public and private collection agencies, the
Department of Revenue, and other public or private entities providing
collection services as necessary for the collection of fine debts under this
section. As determined by the council,
collection costs are added to the debts referred to a public or private
collection entity for collection. Collection
costs include the fees of the collection entity and may include, if separately
provided, skip tracing fees, credit bureau reporting charges, and fees assessed
by any public entity for obtaining information necessary for debt collection. If the collection entity collects an amount
less than the total due, the payment is applied proportionally to collection
costs and the underlying debt.
Subd. 8. Administrative
citations; penalties. (a) The
amount of a fine under this section must be set at no less than $35 and no more
than $100.
(b) Subject to paragraph
(a), the council may adopt a graduated structure that increases the fine amount
for second and subsequent violations.
(c) The council may
adopt an alternative resolution procedure under which a person may resolve an
administrative citation in lieu of paying a fine by complying with terms
established by the council for community service, prepayment of future transit
fares, or both. The alternative
resolution procedure must be available only to a person who has committed a
violation under section 609.855, subdivision 1, paragraph (a), clause (1), or
3, for the first time, unless the person demonstrates financial hardship under
criteria established by the council.
EFFECTIVE DATE; APPLICATION.
This section is effective July 1, 2023, except that subdivisions
1 and 3 are effective the day following final enactment. This section applies in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 94. [473.4077]
LEGISLATIVE REPORT; TRANSIT SAFETY AND RIDER EXPERIENCE.
Subdivision 1. Definitions. For purposes of this section, the
terms defined in section 473.4075 have the meanings given.
Subd. 2. Legislative
report. (a) Annually by
February 15, the council must submit a report on transit safety and rider
experience to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance.
(b) At a minimum, the
report must:
(1) provide an overview
of transit safety issues and actions taken by the council to improve safety,
including improvements made to equipment and infrastructure;
(2) provide an overview
of the rider code of conduct and measures required under section 473.4065;
(3) provide an overview
of the transit rider investment program under section 473.4075 and the
program's structure and implementation;
(4) provide an overview
of the activities of TRIP personnel, including specifically describing the
activities of uniformed transit safety officials;
(5) provide a description of
all policies adopted pursuant to section 473.4075, the need for each policy,
and a copy of each policy;
(6) if the council
adopted an alternative resolution procedure pursuant to section 473.4075,
subdivision 8, provide:
(i) a description of
that procedure;
(ii) the criteria used
to determine financial hardship; and
(iii) for each of the
previous three calendar years, how frequently the procedure was used, the
number of community service hours performed, and the total amount paid as
prepayment of transit fares;
(7) for each of the
previous three calendar years:
(i) identify the number
of fare compliance inspections that were completed, including the total number
and the number as a percentage of total rides;
(ii) state the number of
warnings and citations issued by the Metro Transit Police Department and
transit agents, including a breakdown of which type of officer or official
issued the citation, the statutory authority for issuing the warning or
citation, the reason given for each warning or citation issued, and the total
number of times each reason was given;
(iii) state the number
of administrative citations that were appealed pursuant to section 473.4075,
the number of those citations that were dismissed on appeal, and a breakdown of
the reasons for dismissal;
(iv) include data and
statistics on crime rates occurring on public transit vehicles and surrounding
transit stops and stations;
(v) state the number of
peace officers employed by the Metro Transit Police Department;
(vi) state the average
number of peace officers employed by the Metro Transit Police Department; and
(vii) state the number
of uniformed transit safety officials and community service officers who served
as transit agents;
(8) analyze impacts of
the transit rider investment program on fare compliance and customer experience
for riders, including rates of fare violations; and
(9) make recommendations
on the following:
(i) changes to the
administrative citation program; and
(ii) methods to improve
safety on public transit and transit stops and stations.
EFFECTIVE DATE; APPLICATION.
This section is effective July 1, 2023, and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 95. [473.412]
METRO TRANSIT CLEANING AND REPAIR STANDARDS; REPORT REQUIRED.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Cleaning"
means the removal of litter, refuse, food, glass, bodily fluids, offensive
odors, or other debris.
(c) "Graffiti" has the meaning given in section 617.90, subdivision 1.
(d) "Transit station" means a wholly or partially enclosed structure provided for public use as a waiting area in conjunction with light rail transit, bus rapid transit, or regular route transit and includes any property, structures, fixtures, equipment, appurtenances, improvements, heating elements, lighting, fare collection, or any other property that is owned, leased, held, or used for the purpose of providing and supporting public transit.
(e) "Transit
vehicle" means light rail transit trains, bus rapid transit vehicles,
buses servicing regular route intervals, or any other vehicle owned or operated
by a public entity for the purpose of providing public transit.
(f)
"Vandalism" means a person defacing, marring, damaging, removing,
injuring, displacing, destroying, or tampering with any transit facility or
transit vehicle equipment, property, structures, fixtures, or appurtenances.
Subd. 2. Standards
established. (a) By October
1, 2023, the Metropolitan Council must adopt standards on cleanliness and
repair of transit vehicles and stations.
To the extent practicable, the standards must address:
(1) cleaning
requirements for transit stations and vehicles operated by the council;
(2) a strategy for
discovering and removing vandalism, graffiti, or other defacement to transit
stations or vehicles operated by the council;
(3) a proposal for the
timely repair of damage to transit stations and transit vehicle fixtures,
structures, or other property used for the purpose of supporting public
transit; and
(4) any other
cleanliness standards necessary to provide a quality ridership experience for
all transit users.
(b) By February 1, 2024,
the Metropolitan Council must provide information on the council's website on
how the council solicits public feedback on cleanliness and rider experience at
transit stations and on transit vehicles.
The council must post conspicuous notice of the public feedback options
at each light rail transit station and bus rapid transit station operated by
the council.
Subd. 3. Report
required; cleaning standards and expenditures. (a) By October 1, 2023, and every two
years thereafter, the Metropolitan Council must report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
transit policy and finance on transit cleanliness and the ridership experience.
(b) The first report due
under paragraph (a) must provide the council's adopted cleanliness standards
required under subdivision 2. The first
report must also provide information on how the council developed the
cleanliness standards, the stakeholders it consulted in drafting the
cleanliness standards, and the financial resources needed to implement the
cleaning and repair standards. The first
report must also identify the council's proposal for soliciting public feedback
on cleanliness and rider experience at transit stations and on transit vehicles
operated by the council.
(c) For reports
submitted on October 1, 2025, and every two years thereafter, the report must
include:
(1) the total
expenditures for cleaning and repairing transit stations and transit vehicles;
(2) a report on the frequency,
type, and location of repairs;
(3) a report on whether specific transit stations needed a higher proportion of cleaning or repairs;
(4) a report on
workforce challenges for maintaining the cleanliness standards adopted by the
council;
(5) whether the council has adopted preventative measures against vandalism or graffiti; and
(6) any recommendations
for additions to the transit rider code of conduct adopted by the council under
section 473.4065.
(d) The council must
collect and summarize the public comments it receives and incorporate those
comments into the report required under paragraph (c).
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 96. [473.615]
REPORT; CLIMATE MITIGATION AND ADAPTATION.
(a) By January 31
annually, the commission must submit a report on climate mitigation and
adaptation to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation finance and policy.
(b) At a minimum, the
report must:
(1) summarize activities
and evaluate performance at the Minneapolis-St. Paul International Airport
in support of the following 2030 goals adopted by the commission:
(i) a reduction of
greenhouse gas emissions to a level that is at least 80 percent below 2015
levels;
(ii) a reduction in
water usage per airline passenger to a level that is at least 15 percent below
2015 levels; and
(iii) diversion of at
least 75 percent of all waste through waste reduction, reuse, recycling, and
composting programs; and
(2) summarize findings
from the commission's 2023 waste characterization study.
(c) The report due by
January 31, 2024, must also include a plan and timeline for the reduction of
single-use plastics, including but not limited to a potential ban on plastic
water bottles. The commission must
develop the plan following a stakeholder engagement process.
(d) This section expires
June 30, 2030.
Sec. 97. Minnesota Statutes 2022, section 473.859, subdivision 2, is amended to read:
Subd. 2. Land
use plan. (a) A land use plan shall
must include the water management plan required by section 103B.235, and
shall designate the existing and proposed location, intensity and extent of use
of land and water, including lakes, wetlands, rivers, streams, natural drainage
courses, and adjoining land areas that affect water natural resources, for
agricultural, residential, commercial, industrial and other public and private
purposes, or any combination of such purposes.
(b) A land use plan shall
must contain a protection element, as appropriate, for historic sites,
the matters listed in the water management plan required by section 103B.235,
and an element for protection and development of access to direct sunlight for
solar energy systems.
(c) A land use plan shall
must also include a housing element containing standards, plans and
programs for providing adequate housing opportunities to meet existing and
projected local and regional housing needs, including but not limited to the
use of official controls and land use planning to promote the availability of
land for the development of low and moderate income housing.
(d) A land use plan shall
must also include the local government's goals, intentions, and
priorities concerning aggregate and other natural resources, transportation
infrastructure, land use compatibility, habitat, agricultural preservation, and
other planning priorities, considering information regarding supply from the
Minnesota Geological Survey Information Circular No. 46.
(e) A land use plan must
also include an inventory and projections pertaining to greenhouse gas
emissions and vehicle miles traveled that are generated from activity that
occurs within the local government's jurisdiction. The inventory and projections must include
the emission sources from transportation, land use, energy use, solid waste,
and, where available and applicable, livestock and agriculture. The inventory and projections must include
the estimated impact of strategies, including efficient land use and compact
growth, that reduce or naturally sequester greenhouse gas emissions across
sectors.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 98. Minnesota Statutes 2022, section 473.859, is amended by adding a subdivision to read:
Subd. 7. Climate
mitigation and adaptation. The
council must specify how climate mitigation and adaptation information required
pursuant to subdivision 2 and section 473.145 must be incorporated into
comprehensive plan content.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 99. Minnesota Statutes 2022, section 609.855, subdivision 1, is amended to read:
Subdivision 1. Unlawfully obtaining services; petty misdemeanor. (a) A person is guilty of a petty misdemeanor who intentionally obtains or attempts to obtain service for himself, herself, or another person from a provider of public transit or from a public conveyance by doing any of the following:
(1) occupies or rides in any public transit vehicle without paying the applicable fare or otherwise obtaining the consent of the transit provider including:
(i) the use of a reduced fare when a person is not eligible for the fare; or
(ii) the use of a fare medium issued solely for the use of a particular individual by another individual;
(2) presents a falsified, counterfeit, photocopied, or other deceptively manipulated fare medium as fare payment or proof of fare payment;
(3) sells, provides, copies, reproduces, or creates any version of any fare medium without the consent of the transit provider; or
(4) puts or attempts to put any of the following into any fare box, pass reader, ticket vending machine, or other fare collection equipment of a transit provider:
(i) papers, articles, instruments, or items other than fare media or currency; or
(ii) a fare medium that is not valid for the place or time at, or the manner in, which it is used.
(b) Where self-service barrier-free fare collection is utilized by a public transit provider, it is a violation of this subdivision to intentionally fail to exhibit proof of fare payment upon the request of an authorized transit representative when entering, riding upon, or leaving a transit vehicle or when present in a designated paid fare zone located in a transit facility.
(c) A person who
violates this subdivision must pay a fine of no more than $10.
EFFECTIVE DATE. This section is effective July 1, 2023, and
applies to violations committed on or after that date.
Sec. 100. Minnesota Statutes 2022, section 609.855, subdivision 3, is amended to read:
Subd. 3. Prohibited
activities; petty misdemeanor. (a)
A person is guilty of a misdemeanor who, while riding in a vehicle providing
public transit service:
(1) operates a radio,
television, tape player, electronic musical instrument, or other electronic
device, other than a watch, which amplifies music, unless the sound emanates
only from earphones or headphones and except that vehicle operators may operate
electronic equipment for official business;
(2) smokes or carries
lighted smoking paraphernalia;
(3) consumes food or
beverages, except when authorized by the operator or other official of the
transit system;
(4) (a) A person
who throws or deposits litter; or while riding in a vehicle
providing public transit service is guilty of a petty misdemeanor.
(5) carries or is in
control of an animal without the operator's consent.
(b) A person is guilty of a violation of this subdivision only if the person continues to act in violation of this subdivision after being warned once by an authorized transit representative to stop the conduct.
EFFECTIVE DATE. This section is effective July 1, 2023, and
applies to violations committed on or after that date.
Sec. 101. Minnesota Statutes 2022, section 609.855, is amended by adding a subdivision to read:
Subd. 3a. Prohibited
activities; misdemeanor. (a)
A person who performs any of the following while in a transit vehicle or at a
transit facility is guilty of a misdemeanor:
(1) smokes, as defined
in section 144.413, subdivision 4;
(2) urinates or
defecates;
(3) consumes an
alcoholic beverage, as defined in section 340A.101, subdivision 2;
(4) damages a transit vehicle or transit facility in a manner that meets the requirements for criminal damage to property in the fourth degree under section 609.595, subdivision 3, and is not otherwise a violation under section 609.595, subdivision 1, 1a, or 2;
(5) performs vandalism,
defacement, or placement of graffiti, as defined in section 617.90, subdivision
1; or
(6) engages in
disorderly conduct as specified in section 609.72, subdivision 1, clause (3).
(b) A peace officer, as
defined in section 626.84, subdivision 1, paragraph (c), may order a person to
depart a transit vehicle or transit facility for a violation under paragraph
(a).
EFFECTIVE DATE. This section is effective July 1, 2023, and
applies to violations committed on or after that date.
Sec. 102. Minnesota Statutes 2022, section 609.855, subdivision 7, is amended to read:
Subd. 7. Definitions. (a) The definitions in this subdivision apply in this section.
(b) "Public transit" or "transit" has the meaning given in section 174.22, subdivision 7.
(c) "Public transit vehicle" or "transit vehicle" means any vehicle used for the purpose of providing public transit, whether or not the vehicle is owned or operated by a public entity.
(d) "Public transit facilities" or "transit facilities" means any vehicles, equipment, property, structures, stations, improvements, plants, parking or other facilities, or rights that are owned, leased, held, or used for the purpose of providing public transit, whether or not the facility is owned or operated by a public entity.
(e) "Fare medium" means a ticket, smart card, pass, coupon, token, transfer, or other medium sold or distributed by a public transit provider, or its authorized agents, for use in gaining entry to or use of the public transit facilities or vehicles of the provider.
(f) "Proof of fare payment" means a fare medium valid for the place or time at, or the manner in, which it is used. If using a reduced-fare medium, proof of fare payment also includes proper identification demonstrating a person's eligibility for the reduced fare. If using a fare medium issued solely for the use of a particular individual, proof of fare payment also includes an identification document bearing a photographic likeness of the individual and demonstrating that the individual is the person to whom the fare medium is issued.
(g) "Authorized
transit representative" means the person authorized by the transit
provider to operate the transit vehicle, a peace officer, a transit official
under section 473.4075, subdivision 1, or any other person designated by
the transit provider as an authorized transit provider representative
under this section.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 103. Laws 2005, First Special Session chapter 6, article 3, section 103, is amended to read:
Sec. 103. ADDITIONAL
DEPUTY REGISTRAR OF MOTOR VEHICLES FOR HENNEPIN COUNTY.
Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the commissioner of public safety, limiting sites for the office of deputy registrar based on either the distance to an existing deputy registrar office or the annual volume of transactions processed by any deputy registrar within Hennepin County before or after the proposed appointment, the commissioner of public safety shall appoint a new deputy registrar of motor vehicles and driver's license agent for Hennepin County to operate a new full-service office of deputy registrar, with full authority
to function as a registration and motor vehicle tax collection and driver's license bureau, at the Midtown Exchange Building and the North Minneapolis Service Center at 1001 Plymouth Avenue North in the city of Minneapolis. The addition of a deputy registrar establishes the North Minneapolis Service Center as a full-service office with full authority to function as a registration and motor vehicle tax collection and driver's license bureau. All other provisions regarding the appointment and operation of a deputy registrar of motor vehicles and driver's license agent under Minnesota Statutes, sections 168.33 and 171.061, and Minnesota Rules, chapter 7406, apply to the office.
Sec. 104. Laws 2013, chapter 127, section 63, is amended to read:
Sec. 63. CONVEYANCE
OF STATE LAND; LE SUEUR COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 16B.281 to 16B.287, 92.45, 161.43, and 161.44, 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). The consideration for a conveyance shall be the
cost of planning, designing, acquiring, constructing, and equipping a
comparable rest area facility on terms acceptable to the commissioner of
transportation.
(b) Proceeds from the sale of real estate or buildings under this section shall be deposited in the safety rest area account established in Minnesota Statutes, section 160.2745.
(c) 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. The conveyance may take place only upon conditions determined by the commissioner of transportation.
(d) No direct access shall be permitted between marked Trunk Highway 169 and the land conveyed under this section.
(e) The land to be conveyed is located in Le Sueur County and is described as tracts A, B, and C:
Tract A consists of that part of the West Half of the Southeast Quarter of Section 19, Township 112 North, Range 25 West, Le Sueur County, Minnesota, lying southeasterly of the southeasterly right-of-way line of marked Trunk Highway 169 as the same was located prior to January 1, 1990, and northerly of the northerly right-of-way line of old marked Trunk Highway 169 (now known as County State-Aid Highway 28); excepting therefrom that part thereof lying southwesterly of the following described line: From a point on the east line of said Section 19, distant 1273 feet north of the east quarter corner thereof, run southwesterly at an angle of 37 degrees 47 minutes 00 seconds from said east section line (measured from south to west) for 3332.5 feet; thence deflect to the right on a 01 degree 00 minute 00 second curve (delta angle 40 degrees 11 minutes 00 seconds) having a length of 4018.3 feet for 133.6 feet to the point of beginning of the line to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds to the tangent of said curve at said point for 1000 feet and there terminating.
Tract B consists of that part of the East Half of the Southeast Quarter of Section 19, Township 112 North, Range 25 West, Le Sueur County, Minnesota, lying southerly of the southeasterly right-of-way line of marked Trunk Highway 169 as located prior to January 1, 1990, northerly of the northerly right-of-way line of old marked Trunk Highway 169 (now known as County State-Aid Highway 28) and westerly of the following described line: From a point on the east line of said Section 19, distant 1273 feet north of the East Quarter corner thereof, run southwesterly at an angle of 37 degrees 47 minutes 00 seconds from said east section line (measured from south to west) for 2318 feet to the point of beginning of the line to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 400 feet; thence deflect to the right at an angle of 43 degrees 00 minutes 00 seconds for 1100 feet and there terminating.
Tract C consists of that part of the Southwest Quarter of the Southeast Quarter of Section 19, Township 112 North, Range 25 West, Le Sueur County, Minnesota, lying southeasterly of marked Trunk Highway 169 as located prior to January 1, 1971, and northwesterly of old marked Trunk Highway 169 (now known as County State-Aid Highway 28) and southwesterly of the following described line: From a point on the east line of said Section 19, distant 1273 feet north of the East Quarter corner thereof, run southwesterly at an angle of 37 degrees 47 minutes 00 seconds with said east section line for 3332.5 feet; thence deflect to the right on a 01 degree 00 minute 00 second curve (delta angle 40 degrees 11 minutes 00 seconds) having a length of 4018.3 feet for 133.6 feet to the point of beginning of the line to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds with the tangent of said curve at said point for 1000 feet and there terminating.
Sec. 105. Laws 2021, First Special Session chapter 5, article 4, section 143, is amended to read:
Sec. 143. STUDY
ON POST-COVID PANDEMIC PUBLIC TRANSPORTATION.
(a) From funds specified
under Minnesota Statutes, section 161.53, paragraph (b), the commissioner of
transportation Using existing resources, the Metropolitan Council
must arrange and pay for a study by the Center for Transportation
Studies at the University of Minnesota that examines public transportation
after the COVID-19 pandemic is substantially curtailed in the United States. At a minimum, the study must:
(1) focus primarily on
transit service for commuters in throughout the metropolitan
area, as defined in Minnesota Statutes, section 473.121, subdivision 2;
(2) specifically review Northstar Commuter Rail and commuter-oriented transit service by the Metropolitan Council and by the suburban transit providers; and
(3) provide analysis and projections for the public transit system in the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2, on anticipated changes in:
(i) ridership;
(ii) demand for different modes and forms of active and public transportation;
(iii) transit service levels and features;
(iv) revenue and expenditures; and
(v) long-term impacts.
(b) By February October
1, 2023 2024, the commissioner chair of the
Metropolitan Council must provide a copy of the study to the members of the
legislative committees with jurisdiction over transportation policy and
finance.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 106. Laws 2022, chapter 39, section 2, is amended to read:
Sec. 2. SOUTHWEST
LIGHT RAIL TRANSIT; EXPENDITURES AND SCHEDULE.
(a) Annually by January 1 and July 1, the Metropolitan Council must provide status updates on the Southwest light rail transit project to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance. Each status update must include:
(1) total expenditures on the project during the previous six months as compared to projections;
(2) total expenditures on the
project anticipated over the next six months; and
(3) total expenditures
on the project to date;
(4) the total project
cost estimate; and
(5) any change in the date of anticipated project completion.
(b) The Metropolitan Council must notify the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance within seven calendar days of making a determination that:
(1) the anticipated Southwest light rail project completion date is delayed by six months or more beyond the estimated completion date determined as of the effective date of this section;
(2) the anticipated Southwest light rail project completion date is delayed by six months or more beyond the most recent estimated completion date;
(3) the total Southwest light rail project cost is anticipated to increase by five percent or more above the project cost estimate determined as of the effective date of this section; or
(4) the total Southwest light rail project cost is anticipated to increase by five percent or more above the most recent cost estimate.
(c) On a quarterly
basis, the Metropolitan Council must submit a summary of expenditures since the
last quarterly report for review and comment to the chairs and ranking minority
members of the legislative committees with jurisdiction over transportation
policy and finance and to the members of the Legislative Commission on
Metropolitan Government. A summary must
include the following for each expenditure or for a subtotal of related
expenditures:
(1) the expenditure or
subtotal amount;
(2) the specific
standard cost category; and
(3) identification or a
brief summary of the nature of the expenditure.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies to expenditures made on or after October 1, 2023. This section applies in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 107. RETROACTIVE
DRIVER'S LICENSE REINSTATEMENT.
(a) The commissioner of
public safety must make an individual's driver's license eligible for
reinstatement if the license is solely suspended pursuant to:
(1) Minnesota Statutes
2020, section 169.92, subdivision 4, if the person did not appear in court (i)
in compliance with the terms of a citation for a petty misdemeanor, or (ii) for
a violation of Minnesota Statutes, section 171.24, subdivision 1;
(2) Minnesota Statutes
2020, section 171.16, subdivision 2, if the person was convicted only under
Minnesota Statutes, section 171.24, subdivision 1 or 2;
(3) Minnesota Statutes 2020,
section 171.16, subdivision 3; or
(4) any combination of
clauses (1), (2), and (3).
(b) By December 1, 2023,
the commissioner must provide written notice to an individual whose license has
been made eligible for reinstatement under paragraph (a), addressed to the
licensee at the licensee's last known address.
(c) Notwithstanding any
law to the contrary, before the license is reinstated, an individual whose
driver's license is eligible for reinstatement under paragraph (a) must pay a
single reinstatement fee of $20.
(d) The following
applies for an individual who is eligible for reinstatement under paragraph (a)
and whose license was suspended, revoked, or canceled under any other provision
in Minnesota Statutes:
(1) the suspension,
revocation, or cancellation under any other provision in Minnesota Statutes
remains in effect;
(2) subject to clause
(1), the individual may become eligible for reinstatement under paragraph (a);
and
(3) the commissioner is
not required to send the notice described in paragraph (b).
(e) Paragraph (a)
applies notwithstanding Minnesota Statutes 2020, sections 169.92, subdivision
4; and 171.16, subdivision 2 or 3; or any other law to the contrary.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 108. ADDITIONAL
DEPUTY REGISTRAR OF MOTOR VEHICLES FOR RAMSEY COUNTY.
Notwithstanding
Minnesota Statutes, section 168.33, and rules adopted by the commissioner of
public safety limiting sites for the office of deputy registrar based on either
the distance to an existing deputy registrar office or the annual volume of
transactions processed by any deputy registrar within Ramsey County before or
after the proposed appointment, the commissioner of public safety must appoint
a new private deputy registrar of motor vehicles to operate a new office of
deputy registrar, with full authority to function as a registration and motor
vehicle tax collection bureau, at or in the vicinity of the Hmong Village
shopping center at 1001 Johnson Parkway in the city of St. Paul. All other provisions regarding the
appointment and operation of a deputy registrar of motor vehicles under
Minnesota Statutes, section 168.33, and Minnesota Rules, chapter 7406, apply to
the office.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 109. TRAFFIC
SAFETY VIOLATIONS DISPOSITION ANALYSIS.
(a) The commissioner of
public safety must enter into an agreement with the Center for Transportation
Studies at the University of Minnesota to conduct an evaluation of the
disposition in recent years of citations for speeding, impairment, distraction,
and seatbelt violations. The evaluation
under the agreement must include but is not limited to analysis of:
(1) rates of citations
issued compared to rates of citations contested in court and the outcomes of
the cases;
(2) amounts of fines
imposed compared to counts and amounts of fine payments; and
(3) any related changes
in patterns of traffic enforcement from 2017 to 2022.
(b) The agreement must require
the Center for Transportation Studies to submit an interim progress report by
July 1, 2024, and a final report by July 1, 2025, to the commissioner and the
chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy and finance and public safety.
Sec. 110. FEDERAL
TRANSPORTATION GRANTS TECHNICAL ASSISTANCE.
Subdivision 1. Definition. For purposes of this section,
"commissioner" means the commissioner of transportation.
Subd. 2. Technical
assistance grants. (a) The
commissioner must establish a process to provide grants for technical
assistance to a requesting local unit of government or Tribal government that
seeks to submit an application for a federal discretionary grant for a
transportation-related purpose.
(b) A
transportation-related purpose includes but is not limited to a project, a
program, planning, program delivery, administrative costs, ongoing operations,
and other related expenditures. Technical
assistance includes but is not limited to hiring consultants for identification
of available grants, grant writing, analysis, data collection, technical
review, legal interpretations necessary to complete an application, planning,
pre-engineering, application finalization, and similar activities.
Subd. 3. Evaluation
criteria. (a) The
commissioner must establish a process for solicitation, submission of requests
for technical assistance, screening requests, and award of technical assistance
grants.
(b) The process must
include criteria for projects or purposes that:
(1) address or mitigate
the impacts of climate change, including through:
(i) reduction in
transportation-related pollution or emissions; and
(ii) improvements to the
resiliency of infrastructure that is subject to long-term risks from natural
disasters, weather events, or changing climate conditions;
(2) are located in areas
of persistent poverty or historically disadvantaged communities as measured and
defined in federal law, guidance, and notices of funding opportunity;
(3) improve safety for
motorized and nonmotorized users;
(4) are located in
townships or in cities that are eligible for small cities assistance aid under
Minnesota Statutes, section 162.145;
(5) support grants to
Tribal governments; and
(6) provide for
geographic balance of grants throughout the state.
Subd. 4. Requirements. (a) A technical assistance grant may
not exceed $30,000.
(b) The commissioner may
not award more than one grant to each unit of government in a calendar year. The commissioner may award multiple grants to
a Tribal government in a calendar year.
(c) From available funds
in each fiscal year, the commissioner must reserve:
(1) at least 15 percent
for Tribal governments; and
(2) at least 15 percent for
cities that are eligible for small cities assistance aid under Minnesota
Statutes, section 162.145.
(d) Money reserved under
paragraph (c) that is unused at the end of a fiscal year may be used for grants
to any eligible recipient in the following fiscal year.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 111. INFRASTRUCTURE
INVESTMENT AND JOBS ACT (IIJA) DISCRETIONARY MATCH.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b)
"Commissioner" means the commissioner of transportation.
(c) "Federal
discretionary grant" means federal funds under a discretionary grant
program enacted or authorized in the Infrastructure Investment and Jobs Act
(IIJA), Public Law 117-58, and federal funds under any subsequent federal
appropriations acts directly associated with a spending authorization or
appropriation under the IIJA.
(d) "Federal grant
recipient" means an entity that receives a federal discretionary grant
under the applicable federal program.
Subd. 2. General
requirements. (a) The commissioner
must establish a process to allocate funds made available for purposes of this
section.
(b) The commissioner
must allocate available funds in the order of (1) requests submitted by federal
grant recipients, followed by (2) announcement or notification of the federal
grant award. The commissioner may
allocate funds for a federal discretionary grant awarded prior to the effective
date of this section.
(c) The commissioner
must only allocate available funds:
(1) to a federal grant
recipient for match requirements under federal discretionary grants;
(2) for a
transportation-related purpose, including but not limited to a project, a
program, planning, program delivery, administrative costs, ongoing operations,
and other related expenditures; and
(3) in an amount not to
exceed the lesser of (i) the amount necessary for the federal match
requirements, or (ii) $10,000,000.
Subd. 3. Uses
of funds. (a) From available
funds under this section, the commissioner may:
(1) expend funds for the
trunk highway system;
(2) allocate funds among
any transportation modes and programs, including but not limited to local roads
and bridges, transit, active transportation, aeronautics, alternative fuel
corridors, electric vehicle infrastructure, and climate-related programs; and
(3) make grants to a
federal grant recipient, which as appropriate includes but is not limited to
federally recognized Tribal governments, local units of government, and
metropolitan planning organizations.
(b) Funds under this
section are available regardless of the eligible uses of federal funds under
the federal discretionary grant award.
Subd. 4. Public
information. The commissioner
must maintain information on a public website that details funds allocated
under this section. The information must
include:
(1) a summary of federal
grant recipients, projects including a general status, and the amounts of match
funding requested and provided;
(2) identification of
any unfunded requests; and
(3) a fiscal review that
provides breakouts by type of project or purpose, transportation mode, federal
program, and region of the state.
Subd. 5. Expiration. This section expires June 30, 2029.
Sec. 112. RAIL
CORRIDOR SERVICE.
Subdivision 1. Commuter
rail extension. The
commissioner of transportation, in collaboration with the Metropolitan Council,
must conduct an assessment of a project to extend Northstar Commuter Rail
service to the city of St. Cloud. The
assessment must include but is not limited to project scoping; documentation of
the necessary steps to apply for and receive federal funding; estimation of the
project scope and costs of predesign, design, project development,
construction, rolling stock, and equipment; and a detailed summary of all
necessary steps to complete the rail extension to St. Cloud prior to
construction, including but not limited to any additional analysis, outreach,
predesign, and design.
Subd. 2. Corridor
development analysis. (a) Of
the amount appropriated under subdivision 1 that remains following the
assessment under this subdivision, the commissioner must conduct a
comprehensive analysis and evaluation of options for development of transit and
rail service improvements in the corridor between the cities of St. Paul,
Minneapolis, Coon Rapids, St. Cloud, Fargo, and Moorhead.
(b) At a minimum, the
analysis must:
(1) identify and
evaluate alternatives for service in the corridor, including but not limited
to:
(i) intercity passenger
rail, commuter rail, bus service, other public transportation alternatives
identified by the commissioner, or a combination of service between Minneapolis
and St. Paul;
(ii) extension of
current Amtrak train service between Minneapolis and St. Paul and Chicago
to St. Cloud;
(iii) intercity
passenger rail service between St. Paul, Minneapolis, Coon Rapids, St. Cloud,
Fargo, and Moorhead; and
(iv) intercity passenger
rail service through Minnesota on a line with origins and destinations outside
the state;
(2) evaluate elimination
of Northstar Commuter Rail service in conjunction with options under clause
(1), including but not limited to a comprehensive fiscal review of costs and
reductions in expenditures, analysis of barriers, and any other considerations;
(3) provide for
estimation of:
(i) ridership, including
potential impacts of stops in the vicinity of St. Cloud State University
and the Department of Veterans Affairs health care center in St. Cloud;
(ii) capital and operating
costs; and
(iii) revenue impacts;
(4) consider project
barriers and risks;
(5) examine transit service administration, which may include
jurisdictional transfers and contracting for service; and
(6) make recommendations
for rail service development in the corridor.
Subd. 3. Legislative
reports. (a) By February 15,
2024, the commissioner of transportation must submit a report on the commuter
rail extension assessment under subdivision 2 to the speaker of the house, the
house minority leader, the senate majority leader, the senate minority leader,
and the chairs and ranking minority members of
the legislative committees with jurisdiction over transportation policy and
finance. At a minimum, the report must:
(1) include the results
of the assessment; and
(2) provide an overview
of the status of the corridor analysis under subdivision 2.
(b) By February 1, 2025,
the commissioner of transportation must submit a report on the corridor
analysis and evaluation under subdivision 2 to the speaker of the house, the
house minority leader, the senate majority leader, the senate minority leader,
and the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy and finance. At a minimum, the report must:
(1) provide a summary of
the corridor analysis;
(2) review each of the
elements specified under subdivision 2, paragraph (b); and
(3) provide
recommendations for legislative changes, if any.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 113. TRANSIT
SERVICE INTERVENTION PROJECT.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Council"
means the Metropolitan Council established under Minnesota Statutes, chapter
473.
(c) "Intervention
project" means the Transit Service Intervention Project established in
this section.
Subd. 2. Establishment. A Transit Service Intervention Project
is established to provide coordinated, high‑visibility interventions on
light rail transit lines that provide for enhanced social services outreach and
engagement, code of conduct regulation, and law enforcement.
Subd. 3. Project
management. The council must
implement the intervention project.
Subd. 4. Participating
organizations. The council
must seek the participation of the following entities to provide for
coordination on the intervention project:
(1) the Department of
Human Services;
(2) the Department of Public
Safety;
(3) the Minnesota State
Patrol;
(4) the Metropolitan
Council;
(5) the Metro Transit
Police Department;
(6) each county within
which a light rail transit line operates;
(7) each city within
which a light rail transit line operates;
(8) the Metropolitan
Airports Commission;
(9) the National
Alliance on Mental Illness Minnesota;
(10) the exclusive
representative of transit vehicle operators; and
(11) other interested
community-based social service organizations.
Subd. 5. Duties. (a) In collaboration with the participating
organizations under subdivision 5, the council must:
(1) establish social
services intervention teams that consist of county-based social services
personnel, as available, and personnel from nonprofit organizations having
mental health services or support capacity to perform on-site social services
engagement with (i) transit riders experiencing homelessness, (ii) transit
riders with substance use disorders or mental or behavioral health disorders,
or (iii) a combination;
(2) establish
coordinated intervention teams that consist of personnel under clause (1),
community service officers, and peace officers;
(3) implement
interventions in two phases as follows:
(i) by June 1, 2023, and
for a period of three weeks, deploy the social services intervention teams on a
mobile basis on light rail transit lines and facilities; and
(ii) beginning at the
conclusion of the period under item (i), and for a period of at least nine
weeks, deploy the coordinated intervention teams on a mobile basis on light
rail transit lines and facilities, utilizing both social services and law
enforcement partners; and
(4) evaluate impacts of
the intervention teams related to social services outreach, code of conduct
violations, and rider experience.
(b) Social services
engagement under paragraph (a) includes but is not limited to outreach,
preliminary assessment and screening, information and resource sharing,
referral or connections to service providers, assistance in arranging for
services, and precrisis response.
Subd. 6. Administration. Using existing resources, the council
must provide staff assistance and administrative support for the project.
Subd. 7. Reports. By the 15th of each month, the council
must submit a status report to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation policy and finance. At a minimum, each report must include:
(1) a summary of
activities under the intervention project;
(2) a fiscal review of
expenditures; and
(3) analysis of impacts
and outcomes related to social services outreach, violations under Minnesota
Statutes, sections 473.4065 and 609.855, and rider experience.
Subd. 8. Expiration. The intervention project under this
section expires June 30, 2024.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 114. OPERATING
AND CAPITAL ASSISTANCE; GREATER MINNESOTA TRANSIT.
(a) Notwithstanding Minnesota Statutes, section 174.24, subdivision 3b, the commissioner of transportation must fund the operating costs of any eligible public transit system under Minnesota Statutes, section 174.24, subdivision 2, such that the percentage of total contracted operating costs paid by any recipient from local sources will not exceed five percent.
(b) Notwithstanding
Minnesota Statutes, section 174.24, subdivision 3c, and Minnesota Rules, part
8835.0320, the commissioner of transportation must fund 90 percent of the
capital costs approved by the commissioner under the public transit
participation program under Minnesota Statutes, section 174.24. The recipient must provide the remaining ten
percent of the approved capital costs from local sources.
EFFECTIVE DATE. This
section is effective July 21, 2023, and expires June 30, 2025.
Sec. 115. SOUTHWEST
LIGHT RAIL TRANSIT; EXPENDITURE LIMITATIONS.
Notwithstanding
encumbrances or other spending commitments made or currently applied for in a grant
prior to the effective date of this section, the Metropolitan Council is
prohibited from expending any Coronavirus Response and Relief Supplemental
Appropriations Act funds for the Southwest light rail transit (Green Line
Extension) project.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 116. BLUE
LINE LIGHT RAIL EXTENSION ENGAGEMENT MEETINGS.
(a) The Blue Line light
rail extension project office must, at least quarterly, organize and facilitate
community engagement meetings in consultation with community groups located
along the Blue Line extension alignment route, primarily focused on Minneapolis
neighborhoods, including the Lyn-Park, Willard-Hay, Near North, and Jordan
communities. Information requested by
community groups in the meetings or in correspondence to the project office
must be supplied in a timely manner and, if practicable, before the next
quarterly meeting. Information,
concerns, and requests presented by the community at the community engagement
meetings or provided directly to the extension project office must be
documented in the official meeting minutes and must be provided to the project
Corridor Management Committee and posted on the Blue Line extension project
website.
(b) Representatives from the
Metropolitan Council, Hennepin County, and the Department of Transportation
must participate in the community engagement meetings and all other meetings
relating to antidisplacement initiatives connected to the Blue Line light rail
extension project. Representatives from
the cities of Minneapolis, Robbinsdale, Crystal, and Brooklyn Park must attend
meetings that occur in their respective cities, attend all meetings relating to
antidisplacement initiatives, and attend other project-related meetings as
requested.
(c) By July 1, 2023, the
Blue Line light rail extension project office must coordinate with community
groups to establish a framework for community engagement meetings. The framework must at a minimum include
project information, light rail impacts on and opportunities for businesses and
residents, and business mitigation and antidisplacement strategies. The framework must also include a process for
community feedback on project design options.
(d) State funds for the Blue Line light rail extension project must be available no sooner than August 1, 2023.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 117. BLUE
LINE LIGHT RAIL EXTENSION ROUTE ALIGNMENT CONSULTATION.
The commissioner of
transportation and the city of Minneapolis must consult with the Metropolitan
Council and Hennepin County to evaluate the possible redesign of the overpass
or the entrance and exit ramps of marked Interstate Highway 94, 10th Avenue, or
Washington Avenue between downtown Minneapolis and West Broadway Avenue for a
possible route of the Blue Line light rail extension project in the area
between Interstate Highway 94 and the Mississippi River. All cities along the corridor must have the
opportunity to present their concerns and proposals to the Blue Line extension
project's Corridor Management Committee for consideration.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 118. MICROTRANSIT
SERVICE.
From sales tax revenue,
as defined in Minnesota Statutes, section 473.4465, subdivision 1, the
Metropolitan Council must provide financial assistance to replacement service
providers under Minnesota Statutes, section 473.388, for improvements related
to demand response transit service. The
council must make grants in fiscal year 2024 as follows:
(1) $2,300,000 to
Minnesota Valley Transit Authority for vehicle costs;
(2) $3,500,000 to
Minnesota Valley Transit Authority for infrastructure and other capital costs;
(3) $3,000,000 to
SouthWest Transit for vehicle costs, infrastructure, and other capital costs,
and
(4) $200,000 to Maple
Grove Transit for vehicle costs.
APPLICATION. This
section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
Sec. 119. TRANSIT
SIGNAL PRIORITY SYSTEM PLANNING.
Subdivision 1. Establishment. From sales tax revenue, as defined in
section 473.4465, subdivision 1, the Metropolitan Council must convene a
working group by August 1, 2023, to perform planning on transit signal priority
systems and related transit advantage improvements on high-frequency and
high-ridership bus routes in the metropolitan area, as defined in Minnesota
Statutes, section 473.121, subdivision 2.
Subd. 2. Membership. The Metropolitan Council must solicit
the following members to participate in the working group:
(1) one member
representing Metro Transit, appointed by the Metropolitan Council;
(2) one member
representing the Department of Transportation, appointed by the commissioner of
transportation;
(3) one member
representing Minneapolis, appointed by the Minneapolis City Council;
(4) one member
representing St. Paul, appointed by the St. Paul City Council;
(5) one member
representing Hennepin County, appointed by the Hennepin County Board;
(6) one member
representing Ramsey County, appointed by the Ramsey County Board;
(7) one member from a
city participating in the replacement service program under Minnesota Statutes,
section 473.388, appointed by the Suburban Transit Association;
(8) one member from the
Center for Transportation Studies at the University of Minnesota;
(9) one member from Move
Minnesota; and
(10) other members as
identified by the Metropolitan Council.
Subd. 3. Duties. At a minimum, the working group must:
(1) assess the current
status and capability of transit signal priority systems among the relevant
road authorities;
(2) identify key
barriers and constraints and measures to address the barriers;
(3) explore methods for
ongoing coordination among the relevant road authorities;
(4) estimate costs of
potential improvements; and
(5) develop a proposal
or recommendations to implement transit signal priority systems and related
transit advantage improvements, including a prioritized listing of locations or
routes.
Subd. 4. Administration. Upon request of the working group, the
Metropolitan Council and the commissioner of transportation must provide
administrative and technical support for the working group.
Subd. 5. Report. By February 15, 2024, the Metropolitan
Council must submit a report on transit signal priority system improvements to
the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy and finance. At a minimum, the report must summarize the
results of the working group and provide information on each of the activities
specified in subdivision 3.
Subd. 6. Expiration. The working group under this section
expires June 30, 2024.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 120. MIDTOWN
GREENWAY BICYCLE AND PEDESTRIAN TRAIL EXPANSION PLANNING.
(a) The Metropolitan
Council must plan continuous and dedicated bicycle and pedestrian trails from
the current eastern terminus of the Midtown Greenway in Hennepin County to 27th
Avenue Southeast in Hennepin County and to Allianz Field in Ramsey County. The Metropolitan Council may use available
funding to support project management and implementation, data collection,
legal analysis, community engagement, and use of consultants.
(b) When planning the trail expansions, the Metropolitan Council must coordinate with the Hennepin County Regional Railroad Authority, the Ramsey County Regional Railroad Authority, other local governments, and affected property owners.
(c) The bicycle and
pedestrian trails to be planned must include the following segments:
(1) Segment 1 from the
eastern terminus of the Midtown Greenway extending eastward over the Short Line
Bridge on the railroad right-of-way to Cleveland Avenue North in the city of St. Paul. Segment 1 must include a connection to the
existing bicycle facility on Pelham Boulevard via a new trail on St. Anthony
Avenue;
(2) Segment 2 from the
eastern end of the Short Line Bridge extending over marked Interstate Highway
94 to the existing bicycle facility on 27th Avenue Southeast in the city of
Minneapolis. Segment 2 must include
connections to Franklin Avenue Southeast, Cecil Street Southeast, Seymour
Avenue Southeast, and the existing pedestrian bridge at Seymour Avenue
Southeast over marked Interstate Highway 94;
(3) Segment 3 from
Cleveland Avenue North extending eastward on Gilbert Avenue to Prior Avenue
North and on Prior Avenue North northward to the intersection of Prior Avenue
North and St. Anthony Avenue;
(4) Segment 4 from Prior
Avenue North extending eastward on St. Anthony Avenue to the existing
bicycle and pedestrian bridge at Aldine Street over marked Interstate Highway
94; and
(5) Segment 5 from the intersection of Aldine Street and St. Anthony Avenue to Allianz Field on a route to be determined that does not include railroad right-of-way.
(d) East of Cleveland
Avenue, the Metropolitan Council may also consider alternative routes for the
bicycle and pedestrian trail that still connect to Allianz Field.
(e) At a minimum, the
developed plans must include:
(1) a project layout that provides a safe and consistent two-way, curb-separated trail protected from motor vehicle traffic wherever possible;
(2) features of the
existing Midtown Greenway that provide safety and wayfinding, including but not
limited to lighting, signage, and emergency call boxes;
(3) an analysis of which
portions of the planned trails can be completed independently of other portions. In completing this analysis, the Metropolitan
Council may subdivide the segments listed in paragraph (c) as needed;
(4) an analysis of what portions of the planned trails can be completed either without using railroad right-of-way or on railroad right-of-way without significantly affecting current rail operations;
(5) a recommendation for
a reasonable easement or shared use agreement for the Short Line Bridge between
the railroad and the entity responsible for operating the trail, which may
include but is not limited to Hennepin County, the Metropolitan Council, the
Minneapolis Park Board, the Department of Transportation, or other trail
operator, that maintains active rail tracks on the upstream side of the bridge
while accommodating a bicycle and pedestrian trail on the downstream side of
the bridge; and
(6) estimates for construction
costs broken out by segments and features.
(f) The council must
allocate revenues collected under Minnesota Statutes, section 297A.9915, for
the purpose of the planning activities in paragraphs (a) to (e).
(g) The council may
contract with a third party to perform the planning activities in paragraphs
(a) to (e) with revenues collected under Minnesota Statutes, section 297A.9915.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 121. METRO
MOBILITY ENHANCEMENT PILOT PROGRAM.
Subdivision 1. Definition. For purposes of this section,
"pilot program" means the Metro Mobility enhancement pilot program
established in this section.
Subd. 2. Establishment. Subject to available funds, the
Metropolitan Council must implement a pilot program to enhance the existing
service levels of Metro Mobility under Minnesota Statutes, section 473.386.
Subd. 3. Requirements. The pilot program must:
(1) commence by September
1, 2023, and operate until December 31, 2025;
(2) provide for advanced
scheduling of enhanced Metro Mobility service;
(3) to the extent
feasible, provide service outside of the current Metro Mobility hours of
service, as follows:
(i) on weekdays from
6:00 a.m. to 10:00 p.m.;
(ii) on Saturdays from
7:00 a.m. to 11:00 p.m.; and
(iii) on Sundays from
7:00 a.m. to 10:00 p.m.;
(4) cover the entirety
of the geographic area specified in Minnesota Statutes, section 473.386,
subdivision 3, clause (9); and
(5) establish rider
eligibility and fares in a manner that is substantially comparable to the
requirements under Metro Mobility.
Subd. 4. Legislative
report. By February 1, 2026,
the Metropolitan Council must submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over
transportation policy and finance concerning the pilot program. At a minimum, the report must:
(1) summarize pilot
program implementation;
(2) provide a fiscal
review that identifies uses of funds;
(3) analyze results
under the pilot program, including improvements to service and customer
experience;
(4) evaluate
accessibility impacts and constraints for riders who use a wheelchair or
otherwise require specialized equipment or service;
(5) consider service models,
technologies, partnership models, and anticipated industry changes;
(6) identify findings,
practices, and considerations for replication in communities throughout the
state;
(7) review any modifications
under consideration, planned, or implemented for the Metro Mobility program;
and
(8) make any
recommendations on service improvements related to Metro Mobility, including
fiscal implications.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 122. TRANSIT
FARE ELIMINATION PILOT PROGRAM.
Subdivision 1. Pilot
program established. From
sales tax revenue, as defined in section 473.4465, subdivision 1, the
Metropolitan Council must establish a pilot program to provide transit service
for free or at a reduced fare for all riders, as specified in this section.
Subd. 2. Requirements. The Metropolitan Council must
implement the pilot program:
(1) from July 1, 2023,
to December 31, 2024;
(2) for two regular
route bus lines, which may include express bus and bus rapid transit;
(3) on the entirety of
each selected route; and
(4) during both peak and
nonpeak service hours.
Subd. 3. Metro
Mobility customers. (a)
During the pilot program, the Metropolitan Council must provide regular route
transit, as defined in Minnesota Statutes, section 473.385, subdivision 1, free
of charge to an individual who is (1) certified as disabled under the Americans
with Disabilities Act requirements of the Federal Transit Administration; or (2) certified by the
Metropolitan Council under Minnesota Statutes, section 473.386, subdivision 2a.
(b) The requirements
under this subdivision apply to all regular route service and are not limited
to those lines selected under the pilot program.
Subd. 4. Legislative
report. (a) By February 15,
2025, the Metropolitan Council must submit a report on the pilot program to the
chairs, ranking minority members, and staff of the legislative committees with
jurisdiction over transportation policy and finance. At a minimum, the report must include:
(1) an overview of pilot
program implementation;
(2) evaluation of the
effects on (i) ridership, (ii) travel time, (iii) service equity, and (iv)
rider experience and other measures of quality of life;
(3) a review of fiscal
impacts, including foregone revenue, costs related to service changes, and
potential cost efficiencies;
(4) analysis of
barriers, best practices, economic impacts, and other relevant considerations;
and
(5) any recommendations
regarding any subsequent implementation of free or reduced-fare transit
service.
(b) For purposes of this
subdivision, "staff" means those employees who are identified in any
of the following roles for the legislative committees: committee administrator, committee
legislative assistant, caucus research, fiscal analysis, counsel, or
nonpartisan research.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 123. METROPOLITAN
GOVERNANCE TASK FORCE.
Subdivision 1. Established. A Metropolitan Governance Task Force
is established to study and make recommendations to the legislature on reform
and governance of the Metropolitan Council.
Subd. 2. Membership. (a) The task force consists of the
following members:
(1) four members of the
senate, with two appointed by the senate majority leader and two appointed by
the senate minority leader;
(2) four members of the
house of representatives, with two appointed by the speaker of the house and
two appointed by the minority leader of the house of representatives;
(3) one person
representing cities in the metropolitan area, appointed by the Association of
Metropolitan Municipalities;
(4) one county
commissioner representing counties in the metropolitan area, appointed by the
Association of Minnesota Counties;
(5) one person
representing townships in the metropolitan area, appointed by the Minnesota
Association of Townships;
(6) one person
representing an employee collective bargaining unit of the Metropolitan
Council, appointed by the Minnesota AFL-CIO;
(7) one person appointed
by the governor;
(8) one person
representing transit, appointed by Move Minnesota;
(9) one person
representing institutions of higher education, appointed by the Office of
Higher Education; and
(10) two members of the public, appointed by the Legislative Coordinating Commission.
(b) The appointing
authorities under paragraph (a) must make the appointments by July 15, 2023.
Subd. 3. Chair;
other officers. The task
force must elect from among its legislative members a chair and vice‑chair
and any other officers that the task force determines would be necessary or
convenient.
Subd. 4. Duties. The task force must study and evaluate
options to reform and reconstitute governance of the Metropolitan Council. The study must include an analysis of the
costs and benefits of:
(1) direct election of
members to the Metropolitan Council;
(2) a combination of
directly elected and appointed members to the Metropolitan Council;
(3) a council of governments
which would replace the current Metropolitan Council;
(4) reapportioning responsibilities of the Metropolitan Council to state agencies and local units of government;
(5) adoption of a home
rule charter for governance of the Metropolitan Council; and
(6) any other regional
governance approaches that are viable alternatives to the current structure of
the Metropolitan Council.
Subd. 5. State;
metropolitan agencies must cooperate; subcommittees. The Metropolitan Council and state and
metropolitan agencies must cooperate with the task force and provide
information requested in a timely fashion.
The task force may establish subcommittees and invite other stakeholders
to participate in the task force's study and development of recommendations.
Subd. 6. Compensation. Member compensation and reimbursement
for expenses are governed by Minnesota Statutes, section 15.059, subdivision 3.
Subd. 7. Grants. The task force may accept grant funds
from any federal, state, local, or nongovernmental source to support its work
and offset any costs, provided accepting the money does not create a conflict
of interest for the task force or its members.
The Legislative Coordinating Commission may administer any grant money
given to the task force.
Subd. 8. Administrative
support; staff. The
Legislative Coordinating Commission must provide meeting space, administrative
support, and staff support for the task force.
The task force may hold meetings in any publicly accessible location in
the Capitol Complex that is equipped with technology that can facilitate remote
testimony.
Subd. 9. Open
meeting law. Meetings of the
task force are subject to Minnesota Statutes, chapter 13D.
Subd. 10. Report. The task force shall report its
findings and recommendations to the chairs and ranking minority members of the
legislative committees with responsibility for or jurisdiction over the
Metropolitan Council and metropolitan agencies.
The report is due by February 1, 2024.
Subd. 11. Expiration. The task force expires on June 30,
2024.
EFFECTIVE DATE; EXPIRATION; APPLICATION. This section is effective the day
following final enactment. Subdivision 5
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 124. CLEAN
TRANSPORTATION FUEL STANDARD WORKING GROUP; REPORT REQUIRED.
Subdivision 1. Creation. By August 1, 2023, the commissioners
of the Pollution Control Agency, transportation, commerce, and agriculture must
convene a Clean Transportation Fuel Standard Working Group to study and address
information gaps and opportunities related to a clean transportation fuel
standard that requires the aggregate carbon intensity of transportation fuel
supplied to Minnesota be reduced to at least 25 percent below the 2018 baseline
level by the end of 2030, by 75 percent by the end of 2040, and by 100 percent
by the end of 2050.
Subd. 2. Membership. (a) Appointments to the working group
are made pursuant to Minnesota Statutes, section 15.0597.
(b) Appointments to the
working group must include two individuals representing each of the following:
(1) renewable fuel producers;
(2) renewable natural
gas and organic waste interests, including at least one local government that
manages organic waste;
(3) general farm
organizations;
(4) agricultural
commodity groups;
(5) conventional
transportation fuel producers and retailers;
(6) Tribal governments;
(7) environmental
science organizations;
(8) environmental
justice organizations;
(9) automotive manufacturers;
(10) forestry interests;
(11) electric utilities
or cooperatives;
(12) electric vehicle
charging infrastructure companies;
(13) aviation interests;
(14) water quality
interests;
(15) a statewide
organization of environmental and natural resource organizations;
(16) organizations with
expertise in renewable energy and low-carbon transportation fuel policy;
(17) conservation
organizations;
(18) organizations
representing sustainable agriculture or regenerative biofuels producers;
(19) public health
interests; and
(20) labor unions.
Subd. 3. Administration. Appointments and designations to the
working group authorized by this section must be completed by July 1, 2023. Public members serve without compensation or
payment of expenses. The members of the
working group must select a chair from its membership who must not be a
commissioner or their designee. Any of
the commissioners convening the working group may contract with a third-party
facilitator.
Subd. 4. Report. By February 1, 2024, the working group
must submit its findings and recommendations to the chairs and ranking minority
members of the legislative committees with jurisdiction over transportation and
energy policy.
Subd. 5. Expiration. The working group expires on January
1, 2025, or upon submission of the report required under subdivision 4,
whichever is earlier.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 125. GREENHOUSE
GAS EMISSIONS IMPACT MITIGATION WORKING GROUP.
Subdivision 1. Establishment;
purpose. By August 1, 2023,
the commissioner of transportation must convene a Greenhouse Gas Emissions
Impact Mitigation Working Group to assist the commissioner with:
(1) development of a
process for impact assessment under Minnesota Statutes, section 161.178;
(2) development of an
impact mitigation plan;
(3) consideration of
options related to funding greenhouse gas emissions mitigation activities in
conjunction with transportation capacity expansion projects; and
(4) consideration of
options for alternative mitigation options.
Subd. 2. Membership;
chair. (a) At a minimum, the
working group must include:
(1) the commissioner of
transportation, or a designee;
(2) the chair of the Metropolitan
Council, or a designee;
(3) two representatives
from the Department of Transportation Sustainable Transportation Advisory
Council;
(4) two representatives
from the Minnesota County Engineers Association;
(5) two representatives
from the City Engineers Association of Minnesota;
(6) one representative
from a metropolitan planning organization or regional development organization
in greater Minnesota; and
(7) one representative
from Move Minnesota.
(b) Appointments and
designations to the working group must be completed by July 1, 2023.
(c) The members of the
working group must select a chair from its membership.
Subd. 3. Administration. (a) The working group must meet a
minimum of six times.
(b) Members serve
without compensation or payment of expenses.
The commissioner must provide administrative support to the working
group.
(c) Appointments and
designations to the working group must not include a member of the legislature.
Subd. 4. Legislative
report. By February 1, 2024,
the working group must submit its findings and recommendations, including any
recommendations for legislation, to the chairs and ranking minority members of
the legislative committees with jurisdiction over transportation finance and
policy.
Subd. 5. Expiration. The working group expires on the
earlier of February 15, 2025, or upon submission of the report required under
subdivision 4.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 126. LEGISLATIVE
REPORT; SPEED SAFETY CAMERAS.
(a) By November 1, 2024,
the commissioner of public safety must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance that identifies a process and associated policies
for issuance of a mailed citation to the owner or lessee of a motor vehicle
that a speed safety camera system detects is operated in violation of a speed
limit.
(b) The commissioner
must convene a task force to assist in the development of the report. The task force must include the Advisory
Council on Traffic Safety under Minnesota Statutes, section 4.076, a
representative from the Minnesota County Attorneys Association, and a person
with expertise in data privacy and may include other members as the
commissioner determines are necessary to develop the report.
(c) At a minimum, the
report must include consideration and analysis of:
(1) methods to identify
the owner, operator, and any lessee of the motor vehicle;
(2) compliance with
federal enforcement requirements related to holders of a commercial driver's
license;
(3) authority of
individuals who are not peace officers to issue citations;
(4) data practices,
including but not limited to concerns related to data privacy;
(5) due process, an appeals process, the judicial system, and other legal issues;
(6) technology options,
constraints, and factors; and
(7) recommendations
regarding implementation, including but not limited to any legislative proposal
and information on implementation costs.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 127. LEGISLATIVE
REPORT; ROAD FUNDING GAP.
(a) By November 1, 2024,
the commissioners of transportation and management and budget must submit a
report on road funding to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation finance and
policy.
(b) At a minimum, the
report must:
(1) analyze revenue
options to address the funding gap over fiscal years 2025 to 2034 between (i)
projected revenue to the highway user tax distribution fund, and (ii) revenue
required to meet performance targets, or a metric for system maintenance, on each
of the highway systems for which funding is allocated via the highway user tax
distribution fund; and
(2) develop recommendations, including proposed legislative changes,
following from the analysis under clause (1).
(c) In developing the report,
the commissioners must evaluate a range of options that:
(1) analyze impacts
across individuals and motor vehicles, accounting for factors that include but
are not limited to vehicle class, power train, fuel or power type, vehicle age,
vehicle weight, and annual miles traveled; and
(2) consider financial
stability, social equity, user convenience, administrative efficiency,
transparency, and other appropriate policy and finance principles.
Sec. 128. REVISOR
INSTRUCTION.
(a) The revisor of
statutes must change the terms "driver services operating account"
and "vehicle services operating account" to "driver and vehicle
services operating account" wherever the terms appear in Minnesota Statutes.
(b) The revisor of
statutes shall recodify Minnesota Statutes, section 115E.042, subdivision 2, as
Minnesota Statutes, section 219.055, subdivision 2a, and Minnesota Statutes,
section 115E.042, subdivision 3, as Minnesota Statutes, section 219.055, subdivision
3a. The revisor shall correct any
cross-references made necessary by this recodification.
Sec. 129. REPEALER.
(a) Minnesota Statutes
2022, sections 167.45; and 360.915, subdivision 5, are repealed.
(b) Minnesota Statutes
2022, sections 168B.15; and 169.829, subdivision 2, are repealed.
(c) Minnesota Statutes
2022, sections 168.121, subdivision 5; 168.1282, subdivision 5; 168.1294,
subdivision 5; 168.1299, subdivision 4; and 299A.705, subdivision 2, are
repealed.
(d) Minnesota Rules,
parts 7411.0530; and 7411.0535, are repealed.
EFFECTIVE DATE. Paragraph
(b) is effective August 1, 2023.
ARTICLE 5
SUPPLEMENTAL TRANSPORTATION POLICY
Section 1. Minnesota Statutes 2022, section 160.27, subdivision 7, is amended to read:
Subd. 7. Bicycle
racks and bicycle storage Micromobility facilities. (a) For purposes of this subdivision,
"micromobility facility" means an installation for micromobility
devices as defined in section 169.011, subdivision 40b, whether for personal
use or shared mobility services, that provides one or more of the following: a rack or docking station, a battery charging
or swapping station, or a storage facility.
(b) In cities of
the first class a statutory or home rule charter city,
advertisements, public art, and informational signs may be placed and
maintained on bicycle racks and bicycle storage facilities, and on any
enclosure around them, a micromobility facility if:
(1) a road authority has
issued a permit to the city authorizing the bicycle racks and storage
facilities micromobility facility to be placed within the
right-of-way of a public highway,;
(2) the city has recommended
and the road authority has authorized in the permit the placement of
advertisements, public art, and informational signs on the bicycle racks and
bicycle storage facilities, micromobility facility; and
(3) the placement does not create an unsafe situation.
(c) Advertisements, public art, and information signs authorized under this subdivision are subject to the terms and conditions imposed by the road authority authorizing their placement.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2022, section 160.27, is amended by adding a subdivision to read:
Subd. 7a. Shared
electric vehicle facilities. (a)
For purposes of this subdivision, "shared electric vehicle facility"
means an installation for one or more parking spaces that is:
(1) established as part
of a shared mobility service;
(2) identified for use
by all-electric vehicles as defined in section 169.011, subdivision 1a; and
(3) equipped to recharge
an all-electric vehicle, recharge an all-electric vehicle energy storage
device, or provide for swapping an all-electric vehicle battery.
(b) In a statutory or
home rule charter city, advertisements, public art, and informational signs may
be placed and maintained on a shared electric vehicle facility if:
(1) a road authority has
issued a permit to the city authorizing the shared electric vehicle facility to
be placed within the right-of-way of a public highway;
(2) the city has
recommended and the road authority has authorized in the permit the placement
of advertisements, public art, and informational signs on the shared electric
vehicle facility; and
(3) the placement does
not create an unsafe situation.
(c) Advertisements,
public art, and information signs authorized under this subdivision are subject
to the terms and conditions imposed by the road authority authorizing their
placement.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2022, section 161.082, subdivision 2a, is amended to read:
Subd. 2a. Town bridges and culverts; town road account. (a) Money in the town bridge account must be expended on replacement or rehabilitation of town road bridge structures that are ten feet or more in length and on town road culverts that replace existing town road bridges. In addition, if the present bridge structure is less than ten feet in length but a hydrological survey indicates that the replacement bridge structure or culvert must be ten feet or more in length, then the bridge or culvert is eligible for replacement funds.
(b) The town bridge account
may be used to pay the costs to abandon an existing bridge that is deficient
and in need of replacement, but where no replacement will be made. It may also be used to pay the costs to
construct a road or street to facilitate the abandonment of an existing bridge
determined by the commissioner to be deficient, if the commissioner
determines that construction of the road or street is more cost-efficient than
replacing the existing
bridge. It may also be used to pay the costs for
environmental documentation, preliminary design, and final design of historic
bridges and for repurposing and restoring salvageable components of historic
bridges, including disassembly, transportation to a new location, construction,
and other associated costs.
(c) When bridge approach construction work exceeds $10,000 in costs, or when the county engineer determines that the cost of the replacement culverts alone will not exceed $20,000, or engineering costs exceed $10,000, the town shall be eligible for financial assistance from the town bridge account. Financial assistance shall be requested by resolution of the county board and shall be limited to:
(1) 100 percent of the cost of the bridge approach work that is in excess of $10,000;
(2) 100 percent of the cost
of the replacement culverts when the cost does not exceed $20,000 and the town
board agrees to be responsible for all the other costs, which may include costs
for structural removal, installation, and permitting. The replacement structure design and costs
shall be approved and certified by the county engineer, but need not be
subsequently approved by the Department of Transportation; or
(3) 100 percent of all related engineering costs that exceed $10,000, or in the case of towns with a net tax capacity of less than $300,000, 100 percent of the engineering costs.
(d) Money in the town road account must be distributed as provided in section 162.081.
Sec. 4. Minnesota Statutes 2022, section 161.115, subdivision 265, is amended to read:
Subd. 265. Route No. 334. Beginning at a point on Route No. 116
at or near Inver Grove Heights; thence extending in a general northerly
direction to a point on Route No. 102 at or near Kellogg
Boulevard East in St. Paul.
EFFECTIVE DATE. This
section is effective the day after the commissioner of transportation receives
a copy of the agreement between the commissioner and the governing body of the
city of St. Paul to transfer jurisdiction of a portion of Legislative
Route No. 334 and notifies the revisor of statutes electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 5. Minnesota Statutes 2022, section 161.115, is amended by adding a subdivision to read:
Subd. 271. Route
No. 340. Beginning at a
point at or near the entrance of the Upper Sioux Agency State Park; thence
extending in a generally northwesterly direction to a point on Route No. 67
at or near Granite Falls.
EFFECTIVE DATE. This
section is effective the day after the commissioner of transportation notifies
the revisor of statutes electronically or in writing of the effective date.
Sec. 6. Minnesota Statutes 2022, section 161.125, subdivision 1, is amended to read:
Subdivision 1. Implementation. The commissioner of transportation shall
implement noise abatement measures within or along the perimeter of freeways
and expressways in incorporated areas contingent on the availability of
funding, in accordance with section 116.07, subdivision 2a.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2022, 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
$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 $250,000. All quotations obtained shall be kept on file
for a period of at least one year after receipt of the quotation. For purposes of this subdivision only,
"construction work or maintenance work" includes work on
department-owned buildings or property.
Sec. 8. [161.369]
INDIAN EMPLOYMENT PREFERENCE.
As authorized by United
States Code, title 23, section 140, paragraph (d), the commissioner may
implement an Indian employment preference for members of federally recognized
Tribes on projects carried out under United States Code, title 23, on or near
an Indian reservation. For purposes of
this section, a project is near an Indian reservation if the project is within
the distance a person seeking employment could reasonably be expected to
commute to and from each workday. The
commissioner, in consultation with federally recognized Minnesota Tribes, may
determine when a project is near an Indian reservation.
Sec. 9. Minnesota Statutes 2022, section 161.41, is amended to read:
161.41 SURPLUS PROPERTY NOT NEEDED FOR HIGHWAY PURPOSES.
Subdivision 1. Commissioner
may declare surplus. The
commissioner is authorized to declare as surplus any property acquired by the
state for highway purposes, excluding real estate land, which the
commissioner determines to be no longer needed or necessary for state highway
purposes.
Subd. 2. Determination of value; disposition. The commissioner shall administer all aspects of the disposition of property declared to be surplus under this section, including buildings used for trunk highway purposes. The commissioner shall first determine the value of the surplus property. The commissioner may then transfer the possession of the surplus property to any state agency or political subdivision of this state or to the United States government upon receipt of payment in an amount equal to the value of the surplus property.
The commissioner may also sell the surplus property under the competitive bidding provisions of chapter 16C if no state agency or political subdivision of this state offers to purchase the surplus property for its determined value.
Subd. 3. Money credited to trunk highway fund. The commissioner shall deposit all money received under this section with the commissioner of management and budget to be credited to the trunk highway fund.
Subd. 4. Disposal
of obsolete or unsafe buildings. If
the commissioner determines that the department is no longer using a building
for trunk highway purposes or that the building is a safety or fire hazard, the
commissioner may demolish the building.
Sec. 10. Minnesota Statutes 2022, section 162.07, subdivision 2, is amended to read:
Subd. 2. Money
needs defined. For the purpose of
this section, money needs of each county are defined as the estimated total
annual costs of constructing, over a period of 25 years, the county state-aid
highway system in located and established by that county. Costs incidental to construction, or a
specified portion thereof of those costs, as set forth in the
commissioner's rules, may be included in determining money needs. To avoid variances in costs due to
differences in construction policy, construction costs shall be estimated on
the basis of the engineering standards developed cooperatively by the
commissioner and the county engineers of the several counties.
Sec. 11. Minnesota Statutes 2022, section 162.13, subdivision 2, is amended to read:
Subd. 2. Money
needs defined. For the purpose of
this section, money needs of each city having a population of 5,000 or
more are defined as the estimated cost of constructing and maintaining over a
period of 25 years the municipal state-aid street system in located
and established by such city. Right-of-way
costs and drainage shall be
included in money needs. Lighting costs and other costs incidental to
construction and maintenance, or a specified portion of such those
costs, as set forth in the commissioner's rules, may be included in determining
money needs. To avoid variances in costs
due to differences in construction and maintenance policy, construction and
maintenance costs shall be estimated on the basis of the engineering standards
developed cooperatively by the commissioner and the engineers, or a committee
thereof, of the cities.
Sec. 12. Minnesota Statutes 2022, section 162.13, subdivision 3, is amended to read:
Subd. 3. Screening
board. On or before September 1 of
each year, the engineer of each city having a population of 5,000 or more shall
update the city's data and forward to the commissioner on forms
prepared by the commissioner, all information relating to the money needs
of the city that the commissioner deems necessary in order to apportion the
municipal state-aid street fund in accordance with the apportionment formula heretofore
set forth under this section.
Upon receipt of the information, the commissioner shall appoint a
board of city engineers. The board shall
be composed of the following:
(1) two city engineers
from the metropolitan district;
(2) one city
engineer from each state highway construction district, and in addition
thereto, nonmetropolitan district; and
(3) one city engineer from each city of the first class.
The board shall investigate and review the
information submitted by each city. On
or before November 1 of each year, the board shall submit its findings and
recommendations in writing as to each city's money needs to the commissioner on
a form prepared by the commissioner. Final
determination of the money needs of each city shall be made by the commissioner. In the event that any city shall fail to
submit the required information provided for herein, the
commissioner shall estimate the money needs of the city. The estimate shall be used in solving the
apportionment formula. The commissioner
may withhold payment of the amount apportioned to the city until the
information is submitted.
Sec. 13. Minnesota Statutes 2022, section 168.1235, subdivision 1, is amended to read:
Subdivision 1. General requirements; fees. (a) The commissioner shall issue a special plate emblem for each plate to an applicant who:
(1) is a member of a congressionally chartered veterans service organization and is a registered owner of a passenger automobile, pickup truck, van, or self-propelled recreational vehicle;
(2) pays the registration tax required by law;
(3) pays a fee in the amount specified for special plates under section 168.12, subdivision 5, for each set of two plates, and any other fees required by this chapter; and
(4) complies with this chapter and rules governing the registration of motor vehicles and licensing of drivers.
(b) The additional fee is payable at the time of initial application for the special plate emblem and when the plates must be replaced or renewed. An applicant must not be issued more than two sets of special plate emblems for motor vehicles listed in paragraph (a) and registered to the applicant.
(c) The applicant must
present a valid card indicating membership in the American Legion or,
Veterans of Foreign Wars, or Disabled American Veterans.
Sec. 14. Minnesota Statutes 2022, section 168.1253, subdivision 3, is amended to read:
Subd. 3. No fee. The commissioner shall issue a set of
Gold Star plates, or a single plate for a motorcycle, to an eligible person
free of charge, and shall replace the plate or plates without charge if they
become damaged. If the eligible
person requests personalized Gold Star plates, the commissioner must not charge
the fees listed in section 168.12, subdivision 2a.
Sec. 15. Minnesota Statutes 2022, section 168.1293, is amended by adding a subdivision to read:
Subd. 8. Legislative
report. (a) By February 1
annually, the commissioner must submit a report on special plates to the
legislative committees with jurisdiction over transportation policy and finance. At a minimum, the report must:
(1) identify the number
of special plate issuances and total plate counts for each type of special
plate, with a breakout by each alternative or additional design; and
(2) for each special
plate in which a onetime or annual contribution is required:
(i) provide a fiscal
summary of the contributions, including to specify the appropriate contribution
account, identify total contributions received in the two most recently
completed fiscal years, and identify the direct recipients of contribution
funds; and
(ii) provide a
description of how contribution funds were spent in the prior fiscal or
calendar year, as provided by each direct recipient.
(b) An entity that
receives special plate special contribution funds under this chapter directly
from the commissioner must submit information on contribution funds
expenditures in the form and manner specified by the commissioner.
Sec. 16. Minnesota Statutes 2022, section 168.185, is amended to read:
168.185 USDOT NUMBERS.
(a) Except as provided in
paragraph (d), an owner of a truck or truck-tractor having a gross vehicle
weight of more than 10,000 pounds, as defined in section 169.011, subdivision
32, shall report to the commissioner at the time of registration its USDOT carrier
number. A person subject to this
paragraph who does not have a USDOT number shall apply for the number at the
time of registration by completing a form MCS-150 Motor Carrier Identification
Report, issued by the Federal Motor Carrier Safety Administration, or
comparable document as determined by the commissioner. The commissioner shall not assign a USDOT
carrier number to a vehicle owner who is not subject to this paragraph.
(b) Assigned USDOT numbers must be displayed as required by section 221.031, subdivision 6. The vehicle owner shall notify the commissioner if there is a change to the owner's USDOT number.
(c) If an owner fails to report or apply for a USDOT number, the commissioner shall suspend the owner's registration.
(d) This section does not apply to (1) a farm truck that is not used in interstate commerce, (2) a vehicle that is not used in intrastate commerce or interstate commerce, or (3) a vehicle that is owned and used solely in the transaction of official business by the federal government, the state, or any political subdivision.
Sec. 17. Minnesota Statutes 2022, section 168.27, subdivision 11, is amended to read:
Subd. 11. Dealers' licenses; location change notice; fee. (a) Application for a dealer's license or notification of a change of location of the place of business on a dealer's license must include a street address, not a post office box, and is subject to the commissioner's approval.
(b) Upon the filing of an application for a dealer's license and the proper fee, unless the application on its face appears to be invalid, the commissioner shall grant a 90-day temporary license. During the 90-day period following issuance of the temporary license, the commissioner shall inspect the place of business site and insure compliance with this section and rules adopted under this section.
(c) The commissioner may extend the temporary license 30 days to allow the temporarily licensed dealer to come into full compliance with this section and rules adopted under this section.
(d) In no more than 120
180 days following issuance of the temporary license, the dealer license
must either be granted or denied.
(e) A license must be denied under the following conditions:
(1) The license must be
denied if within the previous ten years the applicant was enjoined due to a
violation of section 325F.69 or convicted of violating section 325E.14,
325E.15, 325E.16, or 325F.69, or convicted under section 609.53 of receiving or
selling stolen vehicles, or convicted of violating United States Code, title
49, sections 32701 to 32711 or pleaded guilty, entered a plea of nolo
contendere or no contest, or has been found guilty in a court of competent
jurisdiction of any charge of failure to pay state or federal income or sales
taxes or felony charge of forgery, embezzlement, obtaining money under false
pretenses, theft by swindle, extortion, conspiracy to defraud, or bribery.;
or
(2) A license must be
denied if the applicant has had a dealer license revoked within the
previous ten years.
(f) A license may be
denied if a dealer is not in compliance with location requirements under
subdivision 10 or has intentionally misrepresented any information on the
dealer license application that would be grounds for suspension or revocation
under subdivision 12.
(f) (g) If
the application is approved, the commissioner shall license the applicant as a
dealer for one year from the date the temporary license is granted and issue a
certificate of license that must include a distinguishing number of
identification of the dealer. The
license must be displayed in a prominent place in the dealer's licensed place
of business.
(g) (h) Each
initial application for a license must be accompanied by a fee of $100 in
addition to the annual fee. The annual
fee is $150. The initial fees and annual
fees must be paid into the state treasury and credited to the general fund
except that $50 of each initial and annual fee must be paid into the vehicle
services operating account in the special revenue fund under section 299A.705.
Sec. 18. Minnesota Statutes 2022, section 168.27, subdivision 16, is amended to read:
Subd. 16. Dealer plates: distinguishing number, fee, tax, use. (a) The registrar shall issue to every motor vehicle dealer, upon a request from the motor vehicle dealer licensed as provided in subdivision 2 or 3, one or more plates displaying a general distinguishing number. This subdivision does not apply to a scrap metal processor, a used vehicle parts dealer, or a vehicle salvage pool. The fee for each of the first four plates is $75 per registration year, of which $60 must be paid to the registrar and the remaining $15 is payable as sales tax on motor vehicles under section 297B.035. For each additional plate, the dealer shall pay the registrar a fee of $25 and a sales tax on
motor vehicles of $15 per
registration year. The registrar shall
deposit the tax in the state treasury to be credited as provided in section
297B.09. Replacement plates are subject
to the fees in section 168.12. Motor
vehicles, new or used, owned by the motor vehicle dealership and bearing the
number plate, except vehicles leased to the user who is not an employee of the
dealer during the term of the lease, held for hire, or customarily used
by the dealer as a tow truck, service truck, or parts vehicle, may be driven
upon the streets and highways of this state:
(1) by the motor vehicle dealer or dealer's spouse, or any full-time employee of the motor vehicle dealer for either private or business purposes;
(2) by a part-time employee when the use is directly related to a particular business transaction of the dealer;
(3) for demonstration purposes by any prospective buyer for a period of 48 hours or in the case of a truck, truck‑tractor, or semitrailer, for a period of seven days; or
(4) in a promotional event that lasts no longer than four days in which at least three motor vehicles are involved.
(b) A new or used motor vehicle sold by the motor vehicle dealer and bearing the motor vehicle dealer's number plate may be driven upon the public streets and highways for a period of 72 hours by the buyer for either of the following purposes: (1) removing the vehicle from this state for registration in another state, or (2) permitting the buyer to use the motor vehicle before the buyer receives number plates pursuant to registration. Use of a motor vehicle by the buyer under clause (2) before the buyer receives number plates pursuant to registration constitutes a use of the public streets or highways for the purpose of the time requirements for registration of motor vehicles.
Sec. 19. Minnesota Statutes 2022, section 168A.11, subdivision 3, is amended to read:
Subd. 3. Records. Every dealer shall must
maintain for three years at an established place of business a record in the
form the department prescribes of every vehicle bought, sold, or exchanged, or
received for sale or exchange, which shall must be open to
inspection by a representative of the department or peace officer during reasonable
business hours established inspection hours listed on the initial dealer
license application or as noted on the dealer record. With respect to motor vehicles subject to the
provisions of section 325E.15, the record shall must include
either the true mileage as stated by the previous owner or the fact that the
previous owner stated the actual cumulative mileage was unknown; the record
also shall must include either the true mileage the dealer stated
upon transferring the vehicle or the fact the dealer stated the mileage was
unknown.
Sec. 20. Minnesota Statutes 2022, section 168A.151, subdivision 1, is amended to read:
Subdivision 1. Salvage and prior salvage brands. (a) When an insurer, licensed to conduct business in Minnesota, acquires ownership of a vehicle, excluding a recovered intact vehicle, through payment of damages, the insurer must:
(1) for a late-model or high-value vehicle, immediately apply for a certificate of title that bears a "salvage" brand or stamp the existing certificate of title with "salvage" in a manner prescribed by the department; or
(2) for a vehicle that is not subject to clause (1), immediately apply for a certificate of title that bears a "prior salvage" brand or stamp the existing certificate of title with "prior salvage" in a manner prescribed by the department.
(b) Notwithstanding any
other law to the contrary, supporting documents used to transfer ownership of a
vehicle to an insurer after payment of damages do not require a notarized
signature and may be signed electronically.
For purposes of this paragraph, supporting documents include but are not
limited to power of attorney forms. The
insurer shall indemnify and hold harmless the department for any claims
resulting from issuing a certificate of title, salvage title, or junking
certificate pursuant to this section.
(b) (c) Within ten days of obtaining the title of a vehicle through payment of damages, an insurer must notify the department in a manner prescribed by the department.
(c) (d) Except
as provided in section 168A.11, subdivision 1, a person must immediately apply
for a certificate of title that bears a "salvage" brand if the person
acquires a damaged late-model or high-value vehicle that:
(1) was acquired by an insurer through payment of damages;
(2) will incur a cost of repairs that exceeds the value of the damaged vehicle;
(3) has an out-of-state salvage certificate of title as proof of ownership; or
(4) bears the brand "damaged," "repairable," "salvage," or any similar term on the certificate of title.
(d) (e) Except
as provided in section 168A.11, subdivision 1, a person must immediately apply
for a certificate of title that bears a "prior salvage" brand if the
person acquires a damaged vehicle and:
(1) a "salvage" brand is not required under paragraph (c); and
(2) the vehicle:
(i) bears the brand "damaged," "repairable," "salvage," "rebuilt," "reconditioned," or any similar term on the certificate of title; or
(ii) had a salvage certificate of title or brand issued at any time in the vehicle's history by any other jurisdiction.
(e) (f) A
self-insured owner of a vehicle that sustains damage by collision or other
occurrence which exceeds 80 percent of its actual cash value must:
(1) for a late-model or high-value vehicle, immediately apply for a certificate of title that bears a "salvage" brand; or
(2) for a vehicle that is not subject to clause (1), immediately apply for a certificate of title that bears a "prior salvage" brand.
Sec. 21. Minnesota Statutes 2022, section 168B.045, is amended to read:
168B.045 TOWED MOTOR VEHICLES.
A person who tows and
stores a motor vehicle at the request of a law enforcement officer shall
must have a lien on the motor vehicle for the value of the storage
and towing and recovery of the vehicle and cargo, storage of the vehicle
and cargo, and accident site cleanup, and must have the right to retain
possession of the motor vehicle and cargo, subject to the right to retrieve
contents under section 168B.07, subdivision 3, until the lien is lawfully
discharged. This section does not apply
to tows of vehicles parked in violation of snow emergency regulations.
Sec. 22. Minnesota Statutes 2022, section 168B.07, subdivision 1, is amended to read:
Subdivision 1. Payment
of charges. Except as provided in
this subdivision, the owner or any lienholder of an impounded vehicle shall
must have a right to reclaim such vehicle from the unit of government or
impound lot operator taking it into custody upon payment of all charges for
towing and storage charges recovery of the vehicle and cargo, storage
of the vehicle and cargo, and accident site cleanup resulting from taking
the vehicle and cargo
into custody within 15 or 45
days, as applicable under section 168B.051, subdivision 1, 1a, or 2, after the
date of the notice required by section 168B.06.
The registered owner of a vehicle who is homeless or receives relief
based on need, as defined in section 168B.07, subdivision 3, is not liable for
charges for recovery of cargo, storage of cargo, or accident site cleanup
unless the costs are covered by the owner's motor vehicle insurance. For purposes of this subdivision,
"cargo" means commercial goods or private property being transported
by motor vehicle, as defined in section 168A.01, subdivision 24, or trailer, as
defined in section 168.002, subdivision 35.
Sec. 23. Minnesota Statutes 2022, section 169.011, is amended by adding a subdivision to read:
Subd. 40b. Micromobility
device. (a)
"Micromobility device" means a vehicle that:
(1) is capable of: (i) being propelled solely by human power;
(ii) being powered solely by an electric motor drawing current from
rechargeable storage batteries, fuel cells, or other portable sources of
electrical current; or (iii) both (i) and (ii);
(2) when solely powered
by an electric motor, is not capable of propelling the vehicle at a speed
greater than 30 miles per hour on a paved level surface; and
(3) has an unloaded
weight of up to 500 pounds.
(b) Micromobility device
includes a bicycle, a motorized foot scooter, and an electric personal
assistive mobility device. Micromobility
device includes a motorized bicycle that meets the requirements under paragraph
(a).
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 24. Minnesota Statutes 2022, section 169.09, subdivision 8, is amended to read:
Subd. 8. Officer
to report accident to commissioner. A
peace officer who, in the regular course of duty, investigates an accident that
must be reported under this section shall, within ten days after the date of
the accident, forward an electronic or written report of the accident as
prescribed by the commissioner of public safety. Within two business days after
identification of a fatality that resulted from an accident, the reporting
agency must notify the commissioner of the basic circumstances of the accident
using an electronic format as prescribed by the commissioner.
Sec. 25. Minnesota Statutes 2022, section 169.14, is amended by adding a subdivision to read:
Subd. 5j. Speed
limit on Trunk Highway 19 in the city of Lonsdale. Notwithstanding any provision to the
contrary in this section, the speed limit on Trunk Highway 19 in the city of
Lonsdale between 5th Avenue Northwest and the northern city limits is 45 miles
per hour. The commissioner must erect
appropriate signs displaying the speed limit.
Sec. 26. Minnesota Statutes 2022, section 169.346, subdivision 2a, is amended to read:
Subd. 2a. Parking
space free of obstruction; penalty. The
owner or manager of the property on which the designated parking space is
located shall must ensure that the parking space and associated
access aisle are kept free of obstruction.
If the owner or manager does not have the parking space properly posted
or knowingly allows the parking space or access aisle to be blocked by plowed
snow, merchandise, or similar obstructions for 24 hours after receiving a
warning from a peace officer, the owner or manager is guilty of a
misdemeanor and subject to a fine of up to $500.
Sec. 27. Minnesota Statutes 2022, section 169.451, subdivision 2, is amended to read:
Subd. 2. Inspection
certificate. Except as provided in
subdivision 2a, no person shall drive, or no owner shall knowingly permit or
cause to be driven, any school bus or Head Start bus unless there is displayed
thereon a certificate issued by the commissioner of public safety stating that on
a certain date, which shall be within 13 months of the date of operation,
in the month specified on the certificate, a member of the Minnesota
State Patrol inspected the bus and found that on the date of inspection the bus
complied with the applicable provisions of state law relating to construction,
design, equipment, and color. The
certificate is valid for 12 months after the month specified on the
certificate.
Sec. 28. Minnesota Statutes 2022, section 169.451, subdivision 3, is amended to read:
Subd. 3. Inspection criteria. (a) The commissioner of public safety must inspect school buses in accordance with the School Bus Inspection Manual as prescribed in section 169.4501, subdivision 3. Upon completion of an inspection, the commissioner must provide a printed or electronic vehicle examination report to the carrier or school district.
(b) A school bus displaying
a defect as defined in the "School Bus Recommended Out-of-Service
Criteria" in the most recent edition of the "National School
Transportation Specification and Procedures" adopted by the National
Congress on School Transportation is deemed unsafe for student transportation. A member of the State Patrol must affix a
rejection sticker to the lower left corner of the windshield. A person may remove the rejection sticker
only upon authorization from a member of the State Patrol who has determined
that all defects have been corrected. Pending
reinspection and certification of the vehicle by a member of the State Patrol,
a bus bearing a rejection sticker may be used to transport students if for
up to 30 days provided the defects have been corrected and the vehicle
examination report is signed by the owner or a designee certifying that all
defects have been corrected. The signed
report must be carried in the first aid kit on the bus.
(c) A school bus that has had an inspection completed in which no out-of-service defects were identified has passed the inspection and a member of the State Patrol must affix an inspection certificate to the lower left corner of the windshield. All defects identified must be repaired within 14 days of the inspection. The person completing the repairs must sign and date the inspection report indicating the repairs were made. The inspection report must be retained at the principal place of business of the carrier or school district for 12 months following the inspection and must be available for review by a representative of the commissioner of public safety.
(d) A defect discovered during an inspection that was identified by a member of the State Patrol during a previous inspection but has not been corrected results in a failed inspection. A member of the State Patrol must affix a rejection sticker to the lower left corner of the windshield.
Sec. 29. Minnesota Statutes 2022, section 169.451, subdivision 4, is amended to read:
Subd. 4. Violation;
penalty Violations; penalties.
(a) The State Patrol shall must enforce
subdivisions 2 and 2a to 3.
(b) A person who operates a school bus without a valid inspection certificate issued pursuant to subdivision 2 or an interim inspection certificate issued pursuant to subdivision 2a is guilty of a misdemeanor.
(c) A person who
operates, or an owner who knowingly permits the operation of, a school bus
displaying a rejection sticker issued in accordance with subdivision 3,
paragraph (b), and has not fulfilled all the requirements specified in
subdivision 3, paragraph (b), is guilty of a gross misdemeanor.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 30. Minnesota Statutes 2022, section 169.454, subdivision 2, is amended to read:
Subd. 2. Age of
vehicle. Vehicles 12 years or
older model year 2007 or older must not be used as type III vehicles
to transport school children, except those vehicles that are manufactured to
meet the structural requirements of federal motor vehicle safety standard 222,
Code of Federal Regulations, title 49, part 571.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 31. Minnesota Statutes 2022, section 169.70, is amended to read:
169.70 REAR VIEW MIRROR.
Every motor vehicle which
is so constructed, loaded, or connected with another vehicle as
to obstruct that obstructs the driver's view to the rear thereof
from the driver's position shall must be equipped with a mirror so
located as to reflect or other technology that reflects or displays
to the driver a view of the highway for a distance of at least 200 feet to the
rear of such the vehicle.
Sec. 32. Minnesota Statutes 2022, section 169.781, subdivision 3, is amended to read:
Subd. 3. Inspector certification; suspension and revocation; hearing. (a) An inspection required by this section may be performed only by:
(1) an employee of the Department of Public Safety or Transportation who has been certified by the commissioner after having received training provided by the State Patrol; or
(2) another person who has been certified by the commissioner after having received training provided by the State Patrol or other training approved by the commissioner.
(b) A person who is not an employee of the Department of Public Safety or Transportation may be certified by the commissioner if the person is:
(1) an owner, or employee of the owner, of one or more commercial motor vehicles that are power units;
(2) a dealer licensed under section 168.27 and engaged in the business of buying and selling commercial motor vehicles, or an employee of the dealer;
(3) engaged in the business of repairing and servicing commercial motor vehicles; or
(4) employed by a governmental agency that owns commercial vehicles.
(c) Certification of persons described in paragraph (b), clauses (1) to (4), is effective for two years from the date of certification. The commissioner may require biennial retraining of persons holding a certificate under paragraph (b) as a condition of renewal of the certificate. The commissioner may charge a fee of not more than $10 for each certificate issued and renewed. A certified person described in paragraph (b), clauses (1) to (4), may charge a reasonable fee for each inspection of a vehicle not owned by the person or the person's employer.
(d) Except as otherwise
provided in subdivision 5, the standards adopted by the commissioner for
commercial motor vehicle inspections under sections 169.781 to 169.783 must be
the standards prescribed in Code of Federal Regulations, title 49, section 396.17,
and in chapter III, subchapter B, appendix G A.
(e) The commissioner may classify types of vehicles for inspection purposes and may issue separate classes of inspector certificates for each class.
(f) The commissioner, after notice and an opportunity for a hearing, may suspend a certificate issued under paragraph (b) for failure to meet annual certification requirements prescribed by the commissioner or failure to inspect commercial motor vehicles in accordance with inspection procedures established by the State Patrol. The commissioner shall revoke a certificate issued under paragraph (b) if the commissioner determines after notice and an opportunity for a hearing that the certified person issued an inspection decal for a commercial motor vehicle when the person knew or reasonably should have known that the vehicle was in such a state of repair that it would have been declared out of service if inspected by an employee of the State Patrol. Suspension and revocation of certificates under this subdivision are not subject to sections 14.57 to 14.69.
Sec. 33. Minnesota Statutes 2022, section 169A.60, subdivision 13, is amended to read:
Subd. 13. Special
registration plates. (a) At any time
during the effective period of an impoundment order, a violator or registered
owner may apply to the commissioner for new registration plates, which must
bear a special series of numbers or letters so as to be readily identified by
traffic law enforcement officers. The
commissioner may authorize the issuance of special plates if:
(1) the violator has a
qualified licensed driver whom the violator must identify;
(2) the violator or
registered owner has a limited license issued under section 171.30;
(3) the registered owner
is not the violator and the registered owner has a valid or limited driver's
license;
(4) a member of the
registered owner's household has a valid driver's license; or
(5) the violator has
been reissued a valid driver's license.
(b) The commissioner may not issue new registration plates for that vehicle subject to plate impoundment for a period of at least one year from the date of the impoundment order. In addition, if the owner is the violator, new registration plates may not be issued for the vehicle unless the person has been reissued a valid driver's license in accordance with chapter 171.
(c) A violator may not apply for new registration plates for a vehicle at any time before the person's driver's license is reinstated.
(d) The commissioner may issue the special plates on payment of a $50 fee for each vehicle for which special plates are requested, except that a person who paid the fee required under paragraph (f) must not be required to pay an additional fee if the commissioner issued an impoundment order pursuant to paragraph (g).
(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon request new registration plates for any vehicle owned by a violator or registered owner for which the registration plates have been impounded if:
(1) the impoundment order is rescinded;
(2) the vehicle is transferred in compliance with subdivision 14; or
(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section 168.27, a financial institution that has submitted a repossession affidavit, or a government agency.
(f) Notwithstanding paragraphs (a) to (d), the commissioner, upon request and payment of a $100 fee for each vehicle for which special plates are requested, must issue new registration plates for any vehicle owned by a violator or registered owner for which the registration plates have been impounded if the violator becomes a program participant in the ignition interlock program under section 171.306. This paragraph does not apply if the registration plates have been impounded pursuant to paragraph (g).
(g) The commissioner shall issue a registration plate impoundment order for new registration plates issued pursuant to paragraph (f) if, before a program participant in the ignition interlock program under section 171.306 has been restored to full driving privileges, the program participant:
(1) either voluntarily or involuntarily ceases to participate in the program for more than 30 days; or
(2) fails to successfully complete the program as required by the Department of Public Safety due to:
(i) two or more occasions of the participant's driving privileges being withdrawn for violating the terms of the program, unless the withdrawal is determined to be caused by an error of the department or the interlock provider; or
(ii) violating the terms of the contract with the provider as determined by the provider.
Sec. 34. Minnesota Statutes 2022, 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
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 40 miles of the parent's or
guardian's farmhouse on the farm where the person is working.
(c) An applicant for a restricted license must apply to the commissioner for the license on forms prescribed by the commissioner. The application must be accompanied by:
(1) a copy of a property
tax statement showing that the applicant's parent or, guardian,
or employer 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.; and
(3) if the applicant is
not working for a parent or guardian, a written verified statement by the farm
owner setting forth the necessity for the license.
Sec. 35. Minnesota Statutes 2022, section 171.06, subdivision 3, as amended by Laws 2023, chapter 13, article 1, section 3, and Laws 2023, chapter 34, article 1, section 2, is amended to read:
Subd. 3. Contents of application; other information. (a) An application must:
(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii) designated address under section 5B.05;
(2) as may be required by the commissioner, contain a description of the applicant and any other facts pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social Security number; or
(ii) if the applicant does not have a Social Security number and is applying for a Minnesota identification card, instruction permit, or class D provisional or driver's license, that the applicant elects not to specify a Social Security number;
(4) contain a notification to the applicant of the availability of a living will/health care directive designation on the license under section 171.07, subdivision 7; and
(5) include a method for the applicant to:
(i) request a veteran designation on the license under section 171.07, subdivision 15, and the driving record under section 171.12, subdivision 5a;
(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);
(iii) as applicable,
designate document retention as provided under section 171.12, subdivision 3c; and
(iv) indicate emergency
contacts as provided under section 171.12, subdivision 5b.; and
(v) indicate caretaker
information as provided under section 171.12, subdivision 5c; and
(6) meet the requirements under section 201.161, subdivision 3.
(b) Applications must be accompanied by satisfactory evidence demonstrating:
(1) identity, date of birth, and any legal name change if applicable; and
(2) for driver's licenses and Minnesota identification cards that meet all requirements of the REAL ID Act:
(i) principal residence address in Minnesota, including application for a change of address, unless the applicant provides a designated address under section 5B.05;
(ii) Social Security number, or related documentation as applicable; and
(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
(c) An application for an enhanced driver's license or enhanced identification card must be accompanied by:
(1) satisfactory evidence demonstrating the applicant's full legal name and United States citizenship; and
(2) a photographic identity document.
(d) A valid Department of Corrections or Federal Bureau of Prisons identification card containing the applicant's full name, date of birth, and photograph issued to the applicant is an acceptable form of proof of identity in an application for an identification card, instruction permit, or driver's license as a secondary document for purposes of Minnesota Rules, part 7410.0400, and successor rules.
(e) An application form must not provide for identification of (1) the accompanying documents used by an applicant to demonstrate identity, or (2) except as provided in paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence in the United States. The commissioner and a driver's license agent must not inquire about an applicant's citizenship, immigration status, or lawful presence in the United States, except as provided in paragraphs (b) and (c).
Sec. 36. Minnesota Statutes 2022, section 171.0605, subdivision 3, is amended to read:
Subd. 3. Evidence; lawful status. Only a form of documentation identified under subdivision 2, paragraph (a), clauses (2) to (10), or a document issued by a federal agency that demonstrates the applicant's lawful status are satisfactory evidence of an applicant's lawful status under section 171.06, subdivision 3, paragraph (b), clause (2).
Sec. 37. Minnesota Statutes 2022, section 171.0605, subdivision 5, is amended to read:
Subd. 5. Evidence; residence in Minnesota. (a) Submission of two forms of documentation from the following is satisfactory evidence of an applicant's principal residence address in Minnesota under section 171.06, subdivision 3, paragraph (b):
(1) a home utility services bill issued no more than 12 months before the application;
(2) a home utility services hook-up work order issued no more than 12 months before the application;
(3) United States bank or financial information issued no more than 12 months before the application, with account numbers redacted, including:
(i) a bank account statement;
(ii) a credit card or debit card statement;
(iii) a brokerage account
statement; or
(iv) a money market account statement;
(v) a Health Savings
Account statement; or
(vi) a retirement
account statement;
(4) a certified transcript from a United States high school, if issued no more than 180 days before the application;
(5) a certified transcript from a Minnesota college or university, if issued no more than 180 days before the application;
(6) a student summary
report from a United States high school signed by a school principal or
designated authority and issued no more than 180 days before the application;
(6) (7) an employment pay stub issued no more than 12 months before the application that lists the employer's name and address;
(7) (8) a
Minnesota unemployment insurance benefit statement issued no more than 12
months before the application;
(8) (9) a
statement from an assisted living facility licensed under chapter 144G, nursing
home licensed under chapter 144A, or a boarding care facility licensed under
sections 144.50 to 144.56, that was issued no more than 12 months before
the application;
(9) (10) a
current policy or card for health, automobile, homeowner's, or renter's
insurance;
(10) (11) a
federal or state income tax return for the most recent tax filing year;
(11) (12) a
Minnesota property tax statement for the current or prior calendar year or a
proposed Minnesota property tax notice for the current year that shows the
applicant's principal residential address both on the mailing portion and the
portion stating what property is being taxed;
(12) (13) a
Minnesota vehicle certificate of title;
(13) (14) a
filed property deed or title for current residence;
(14) (15) a
Supplemental Security Income award statement issued no more than 12 months
before the application;
(15) (16) mortgage
documents for the applicant's principal residence;
(16) (17) a
residential lease agreement for the applicant's principal residence issued no
more than 12 months before the application;
(18) an affidavit of
residence for an applicant whose principal residence is a group home, communal
living arrangement, cooperative, or a religious order issued no more than 90
days before the application;
(19) an assisted living
or nursing home statement issued no more than 90 days before the application;
(17) (20) a
valid driver's license, including an instruction permit, issued under this
chapter;
(18) (21) a
valid Minnesota identification card;
(19) (22) an
unexpired Minnesota professional license;
(20) (23) an
unexpired Selective Service card;
(21) (24) military
orders that are still in effect at the time of application;
(22) (25) a
cellular phone bill issued no more than 12 months before the application; or
(23) (26) a
valid license issued pursuant to the game and fish laws.
(b) In lieu of one of the two documents required by paragraph (a), an applicant under the age of 18 may use a parent or guardian's proof of principal residence as provided in this paragraph. The parent or guardian of the applicant must provide a document listed under paragraph (a) that includes the parent or guardian's name and the same address as the address on the document provided by the applicant. The parent or guardian must also certify that the applicant is the child of the parent or guardian and lives at that address.
(c) A document under paragraph (a) must include the applicant's name and principal residence address in Minnesota.
(d) For purposes of this
section, Internet service and cable service are utilities under this section
and Minnesota Rules, part 7410.0410, subpart 4a.
Sec. 38. Minnesota Statutes 2022, section 171.12, is amended by adding a subdivision to read:
Subd. 5c. Caretaker
information. (a) Upon request
by an applicant for a driver's license, instruction permit, or Minnesota
identification card under section 171.06, subdivision 3, the commissioner must
maintain electronic records of names and contact information for up to three
individuals receiving exclusive care from the applicant. The request must be made on a form prescribed
by the commissioner. The commissioner
must make the form available on the department's website. The form must include a notice as described
in section 13.04, subdivision 2.
(b) A person who has
provided caretaker information under this subdivision may change, add, or
delete the information at any time. Notwithstanding
sections 171.06, subdivision 2; and 171.061, the commissioner or a driver's
license agent must not charge a fee for a transaction described in this
paragraph.
(c) Caretaker data are
classified as private data on individuals, as defined in section 13.02,
subdivision 12, except that the commissioner may share caretaker information
with law enforcement agencies to notify the cared-for individuals regarding an
emergency.
Sec. 39. Minnesota Statutes 2022, section 171.306, subdivision 4, is amended to read:
Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class D driver's license, subject to the applicable limitations and restrictions of this section, to a program participant who meets the requirements of this section and the program guidelines. The commissioner shall not issue a license unless the program participant has provided satisfactory proof that:
(1) a certified ignition interlock device has been installed on the participant's motor vehicle at an installation service center designated by the device's manufacturer; and
(2) the participant has insurance coverage on the vehicle equipped with the ignition interlock device. If the participant has previously been convicted of violating section 169.791, 169.793, or 169.797 or the participant's license has previously been suspended, revoked, or canceled under section 169.792 or 169.797, the commissioner shall require the participant to present an insurance identification card that is certified by the insurance company to be noncancelable for a period not to exceed 12 months.
(b) A license issued under authority of this section must contain a restriction prohibiting the program participant from driving, operating, or being in physical control of any motor vehicle not equipped with a functioning ignition interlock device certified by the commissioner. A participant may drive an employer-owned vehicle not equipped with an interlock device while in the normal course and scope of employment duties pursuant to the program guidelines established by the commissioner and with the employer's written consent.
(c) A program participant whose driver's license has been: (1) revoked under section 169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph (a), clause (1), (2), or (3); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177, subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause (1), (2), or (3); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm, where the participant has fewer than two qualified prior impaired driving incidents within the past ten years or fewer than three qualified prior impaired driving incidents ever; may apply for conditional reinstatement of the driver's license, subject to the ignition interlock restriction.
(d) A program participant whose driver's license has been: (1) revoked, canceled, or denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6), or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5, paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm, where the participant has two or more qualified prior impaired driving incidents within the past ten years or three or more qualified prior impaired driving incidents ever; may apply for conditional reinstatement of the driver's license, subject to the ignition interlock restriction, if the program participant is enrolled in a licensed substance use disorder treatment or rehabilitation program as recommended in a chemical use assessment. As a prerequisite to eligibility for eventual reinstatement of full driving privileges, a participant whose chemical use assessment recommended treatment or rehabilitation shall complete a licensed substance use disorder treatment or rehabilitation program. If the program participant's ignition interlock device subsequently registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall extend the time period that the participant must participate in the program until the participant has reached the required abstinence period described in section 169A.55, subdivision 4.
(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority to determine when a program participant is eligible for restoration of full driving privileges, except that the commissioner shall not reinstate full driving privileges until the program participant has met all applicable prerequisites for reinstatement under section 169A.55 and until the program participant's device has registered no positive breath alcohol concentrations of 0.02 or higher during the preceding 90 days.
Sec. 40. [174.07]
EXPIRATION OF REPORT MANDATES.
Subdivision 1. Expiration. (a) If submission of a report by the
commissioner to the legislature, including but not limited to chairs and
ranking minority members of a legislative committee or the Legislative
Coordinating Commission, is required by law, the requirement to submit the
report expires in accordance with this section.
(b) For a law enacted
before January 1, 2023, the requirement to submit a report to the legislature
expires as follows:
(1) for an annual
report, on January 1, 2025; or
(2) for a biennial or
less frequent report, on January 1, 2026.
(c) For a law enacted on or after
January 1, 2023, the requirement to submit a report to the legislature expires
as follows:
(1) for an annual
report, three years after the date of enactment; or
(2) for a biennial or
less frequent report, five years after the date of enactment.
Subd. 2. Expirations
list. By February 15
annually, the commissioner must submit an expirations list to the chairs and
ranking minority members of the legislative committees with jurisdiction over
transportation finance and policy, the revisor of statutes, and the Legislative
Reference Library. The list must
identify (1) all reports set to expire under this section during the upcoming
12-month period, and (2) all reports in which the requirement for submission
has expired in the past 12-month period.
Subd. 3. Exceptions. This section does not apply to:
(1) a law that
establishes a requirement with general applicability for an agency or agencies
to submit a report, including but not limited to reports and information under
sections 14.05, subdivision 5, and 14.116;
(2) a law that specifies
a reporting expiration date or a date for the submission of a final report;
(3) information required
by law to be included in a budget submission to the legislature under section
16A.11;
(4) the plans required
under section 174.03, subdivisions 1a, 1b, and 1c;
(5) the forecast
information requirements under section 174.03, subdivision 9; and
(6) the reports required
under sections 161.088, subdivision 7; 161.089; 161.3203, subdivision 4;
165.03, subdivision 8; 165.14, subdivision 5; 174.03, subdivision 12; 174.185,
subdivision 3; 174.247; 174.56, subdivisions 1 and 2; and 174.75, subdivision
3.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 41. Minnesota Statutes 2022, section 174.38, subdivision 5, is amended to read:
Subd. 5. Eligibility. Eligible recipients of financial assistance under this section are:
(1) a political
subdivision; and
(2) a tax-exempt
organization under section 501(c)(3) of the Internal Revenue Code, as amended.;
and
(3) a federally
recognized Indian Tribe.
Sec. 42. Minnesota Statutes 2022, section 174.40, subdivision 4a, is amended to read:
Subd. 4a. Eligibility. A statutory or home rule charter city,
county, or town, or federally recognized Indian Tribe is eligible
to receive funding under this section only if it has adopted subdivision
regulations that require safe routes to school infrastructure in developments
authorized on or after June 1, 2016.
Sec. 43. Minnesota Statutes 2022, section 174.50, subdivision 7, is amended to read:
Subd. 7. Bridge grant program; rulemaking. (a) The commissioner of transportation shall develop rules, procedures for application for grants, conditions of grant administration, standards, and criteria as provided under subdivision 6, including bridge specifications, in cooperation with road authorities of political subdivisions, for use in the administration of funds appropriated to the commissioner and for the administration of grants to subdivisions. The commissioner must publish all rules, procedures, conditions, standards, and criteria on the department's website. Grants under this section are subject to the procedures and criteria established in this subdivision and in subdivisions 5 and 6.
(b) The maximum use of standardized bridges is encouraged. Regardless of the size of the existing bridge, a bridge or replacement bridge is eligible for assistance from the state transportation fund if a hydrological survey indicates that the bridge or replacement bridge must be ten feet or more in length.
(c) As part of the standards or rules, the commissioner shall, in consultation with local road authorities, establish a minimum distance between any two bridges that cross over the same river, stream, or waterway, so that only one of the bridges is eligible for a grant under this section. As appropriate, the commissioner may establish exceptions from the minimum distance requirement or procedures for obtaining a variance.
(d) Political subdivisions may use grants made under this section to rehabilitate, construct, or reconstruct bridges, including but not limited to:
(1) matching federal aid grants to construct or reconstruct key bridges;
(2) paying the costs to
abandon an existing bridge that is deficient and in need of replacement but
where no replacement will be made; and
(3) paying the costs to
construct a road or street to facilitate the abandonment of an existing bridge
if the commissioner determines that the bridge is deficient, and that
construction of the road or street is more economical than replacement of the
existing bridge.; and
(4) paying the costs of
acquiring and rehabilitating and reconstructing historic bridges, including the
costs of: (i) acquiring salvageable
components from historic bridges and the disassembly, repurposing, restoring,
and transportation to a new location of the salvageable components for the
construction, rehabilitation, or reconstruction of a bridge; and (ii) related
environmental documentation, preliminary design, and final design associated
with the reconstruction of historic bridges.
(e) Funds appropriated to the commissioner from the Minnesota state transportation fund shall be segregated from the highway tax user distribution fund and other funds created by article XIV of the Minnesota Constitution.
(f) The commissioner must maintain a local bridge project list that includes every local bridge replacement or rehabilitation project which has approved plans. The list must include the total bridge cost estimate for each project. The commissioner must update this list annually. The commissioner must publish the list on the department's website.
(g) The commissioner is prohibited from awarding a grant of $7,000,000 or more under this section for a local bridge replacement or rehabilitation project, except:
(1) for major local bridges as provided in subdivision 6d; or
(2) if every other local bridge replacement or rehabilitation project with a total bridge cost estimate of $7,000,000 or less on the local bridge project list required by paragraph (f) has been fully funded.
(h) The commissioner must publish on the department's website a list of all projects that were considered for funding. The list must identify the projects that were selected and the projects that were not selected. For each project that was not selected, the commissioner must include the reason it was not selected. This paragraph does not apply when there is no funding from any source for the program in a fiscal year.
(i) Notwithstanding
subdivision 1, grants for costs under paragraph (d), clause (2), are limited to
general fund appropriations that must be segregated from all funds authorized
under articles XI and XIV of the Minnesota Constitution.
Sec. 44. Minnesota Statutes 2022, section 174.52, subdivision 2, is amended to read:
Subd. 2. Trunk
highway corridor projects account. A
trunk highway corridor projects account is established in the local road
improvement fund. Money in the account
is annually appropriated to the commissioner of transportation for expenditure
as specified in this section. Money in
the account must be used as grants or loans to statutory or home rule charter
cities, towns, and counties, and federally recognized Indian Tribes
to assist in paying the local or Tribal share of trunk highway projects
that have local or Tribal costs that are directly or partially related
to the trunk highway improvement and that are not funded or are only partially
funded with other state and federal funds.
The commissioner shall determine the amount of the local or Tribal
share of costs eligible for assistance from the account.
Sec. 45. Minnesota Statutes 2022, section 174.52, subdivision 4, is amended to read:
Subd. 4. Local
road account for routes of regional significance. A local road account for routes of
regional significance is established in the local road improvement fund. Money in the account is annually appropriated
to the commissioner of transportation for expenditure as specified in this
section. Money in the account must be
used as grants or loans to statutory or home rule charter cities, towns, and
counties, and federally recognized Indian Tribes to assist in paying the
costs of constructing or reconstructing city streets, county highways, or
town roads, or Tribal roads with statewide or regional significance that
have not been fully funded through other state, federal, or local, or
Tribal funding sources.
Sec. 46. Minnesota Statutes 2022, section 174.52, subdivision 5, is amended to read:
Subd. 5. Grant
procedures and criteria. (a) The
commissioner shall establish procedures for statutory or home rule charter
cities, towns, and counties, and federally recognized Indian Tribes
to apply for grants or loans from the fund and criteria to be used to select
projects for funding. The commissioner
must publish the procedures on the department's website. The commissioner shall establish these
procedures and criteria in consultation with representatives appointed by the
Association of Minnesota Counties, League of Minnesota Cities, Minnesota
Association of Townships, and the appropriate state agency as needed,
and Tribal representatives under section 10.65. The criteria for determining project priority
and the amount of a grant or loan must be based upon consideration of:
(1) the availability of
other state, federal, and local, and Tribal funds;
(2) the regional significance of the route;
(3) effectiveness of the proposed project in eliminating a transportation system deficiency;
(4) the number of persons who will be positively impacted by the project;
(5) the project's contribution
to other local, regional, or state, or Tribal economic
development or redevelopment efforts including livestock and other agricultural
operations permitted after July 1, 2005; and
(6) ability of the local unit of government or federally recognized Indian Tribe to adequately provide for the safe operation and maintenance of the facility upon project completion.
(b) The commissioner must publish on the department's website a list of all projects that were considered for funding. The list must identify the projects that were selected and the projects that were not selected. For each project that was not selected, the commissioner must include the reason it was not selected. This paragraph does not apply when there is no funding from any source for the program in a fiscal year.
Sec. 47. Minnesota Statutes 2022, section 222.50, subdivision 7, is amended to read:
Subd. 7. Expenditures. (a) The commissioner may expend money from the rail service improvement account for the following purposes:
(1) to make transfers as provided under section 222.57 or to pay interest adjustments on loans guaranteed under the state rail user and rail carrier loan guarantee program;
(2) to pay a portion of the costs of capital improvement projects designed to improve rail service of a rail user or a rail carrier;
(3) to pay a portion of the costs of rehabilitation projects designed to improve rail service of a rail user or a rail carrier;
(4) to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to the state rail bank program;
(5) to provide for aerial photography survey of proposed and abandoned railroad tracks for the purpose of recording and reestablishing by analytical triangulation the existing alignment of the inplace track;
(6) to pay a portion of the costs of acquiring a rail line by a regional railroad authority established pursuant to chapter 398A;
(7) to pay the state matching portion of federal grants for rail-highway grade crossing improvement projects;
(8) to pay the nonfederal
matching portion of federal grants for freight rail projects that support
economic development;
(8) (9) to fund
rail planning studies; and
(9) (10) to pay
a portion of the costs of capital improvement projects designed to improve
capacity or safety at rail yards.
(b) All money derived by the commissioner from the disposition of railroad right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall be deposited in the rail service improvement account.
Sec. 48. Minnesota Statutes 2022, section 325F.6641, subdivision 2, is amended to read:
Subd. 2. Disclosure
requirements. (a) If a motor vehicle
dealer licensed under section 168.27 offers a vehicle for sale in the course of
a sales presentation to any prospective buyer the dealer must provide a written
disclosure, and an oral disclosure, except for sales
performed online, an oral disclosure of:
(1) prior vehicle damage as required under subdivision 1;
(2) the existence or requirement of any title brand under section 168A.05, subdivision 3, 168A.151, 325F.6642, or 325F.665, subdivision 14, if the dealer has actual knowledge of the brand; and
(3) if a motor vehicle, which is part of a licensed motor vehicle dealer's inventory, has been submerged or flooded above the bottom dashboard while parked on the dealer's lot.
(b) If a person receives a flood disclosure as described in paragraph (a), clause (3), whether from a motor vehicle dealer or another seller, and subsequently offers that vehicle for sale, the person must provide the same disclosure to any prospective subsequent buyer.
(c) Written disclosure under this subdivision must be signed by the buyer and maintained in the motor vehicle dealer's sales file in the manner prescribed by the registrar of motor vehicles.
(d) The disclosure required in subdivision 1 must be made in substantially the following form: "To the best of my knowledge, this vehicle has ..... has not ..... sustained damage in excess of 80 percent actual cash value."
Sec. 49. Minnesota Statutes 2022, section 473.375, is amended by adding a subdivision to read:
Subd. 9b. Safe accessibility training. (a) The council must ensure that vehicle operators who provide bus service receive training on assisting persons with disabilities and mobility limitations to enter and leave the vehicle. The training must cover assistance in circumstances where regular access to or from the vehicle is unsafe due to snow, ice, or other obstructions. This subdivision applies to vehicle operators employed by the Metropolitan Council or by a replacement service provider.
(b) The council must
consult with the Transportation Accessibility Advisory Committee on the
training.
EFFECTIVE DATE; APPLICATION.
This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 50. Minnesota Statutes 2022, section 473.408, is amended by adding a subdivision to read:
Subd. 4a. Transit
passes. The council may
establish transit fare programs and passes that are consistent with the fare
policy purposes stated in subdivision 2, including but not limited to:
(1) discount pass
programs for public and private employers, public and private organizations,
and school districts; and
(2) special pass
programs for demonstration projects or special events.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 51. Minnesota Statutes 2022, section 609.50, subdivision 1, is amended to read:
Subdivision 1. Crime. Whoever intentionally does any of the following may be sentenced as provided in subdivision 2:
(1) obstructs, hinders, or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense;
(2) obstructs, resists, or interferes with a peace officer while the officer is engaged in the performance of official duties;
(3) interferes with or obstructs a firefighter while the firefighter is engaged in the performance of official duties;
(4) interferes with or obstructs a member of an ambulance service personnel crew, as defined in section 144E.001, subdivision 3a, who is providing, or attempting to provide, emergency care; or
(5) by force or threat of force endeavors to obstruct any employee of the Department of Revenue, Department of Public Safety Driver and Vehicle Services Division, a driver's license agent appointed under section 171.061, or a deputy registrar appointed under section 168.33 while the employee is lawfully engaged in the performance of official duties for the purpose of deterring or interfering with the performance of those duties.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 52. LEGISLATIVE
ROUTE NO. 264 REMOVED.
(a) Minnesota Statutes,
section 161.115, subdivision 195, is repealed effective the day after the
commissioner of transportation receives a copy of the agreement between the
commissioner and the governing bodies of Jackson County and Nobles County to
transfer jurisdiction of Legislative Route No. 264 and notifies the
revisor of statutes under paragraph (b).
(b) The revisor of
statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor
electronically or in writing that the conditions required to transfer the route
have been satisfied.
Sec. 53. LEGISLATIVE
ROUTE NO. 274 REMOVED.
(a) Minnesota Statutes,
section 161.115, subdivision 205, is repealed effective the day after the
commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Yellow Medicine County to transfer
jurisdiction of Legislative Route No. 274 and notifies the revisor of
statutes under paragraph (b).
(b) The revisor of
statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor
electronically or in writing that the conditions required to transfer the route
have been satisfied.
Sec. 54. LEGISLATIVE
ROUTE NO. 301 REMOVED.
(a) Minnesota Statutes,
section 161.115, subdivision 232, 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 St. Cloud to transfer jurisdiction of Legislative Route
No. 301 and notifies the revisor of statutes under paragraph (b).
(b) The revisor of
statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor
electronically or in writing that the conditions required to transfer the route
have been satisfied.
Sec. 55. REPEALER.
(a) Minnesota Statutes
2022, sections 160.05, subdivision 2; and 171.06, subdivision 3a, are repealed.
(b) Minnesota Statutes 2022,
section 473.1467, is repealed.
(c) Minnesota Statutes
2022, section 473.408, subdivisions 6, 7, 8, and 9, are repealed.
(d) Minnesota Rules,
part 8835.0350, subpart 2, is repealed.
(e) Laws 2002, chapter
393, section 85, is repealed.
EFFECTIVE DATE. Paragraphs
(a) and (d) are effective July 1, 2023. Paragraphs
(b), (c), and (e) are effective the day following final enactment.
Sec. 56. EFFECTIVE
DATE.
Except as otherwise
provided, this article is effective August 1, 2023.
ARTICLE 6
INDEPENDENT EXPERT REVIEW
Section 1. Minnesota Statutes 2022, section 168.002, is amended by adding a subdivision to read:
Subd. 12a. Full-service
provider. "Full-service
provider" means a person who is appointed by the commissioner as both a
deputy registrar under this chapter and a driver's license agent under chapter
171 who provides all driver services, excluding International Registration Plan
and International Fuel Tax Agreement transactions. The commissioner is not a full-service
provider.
Sec. 2. Minnesota Statutes 2022, section 168.327, subdivision 1, is amended to read:
Subdivision 1. Records
and fees. (a) Upon request by any
person authorized in this section, the commissioner shall or
full-service provider must furnish a certified copy of any driver's license
record, instruction permit record, Minnesota identification card record,
vehicle registration record, vehicle title record, or accident record.
(b) Except as provided in
subdivisions 4, 5a, and 5b, and other than accident records governed under
section 169.09, subdivision 13, the requester shall must pay a
fee of $10 for each certified record specified in paragraph (a) or a fee of $9
for each record that is not certified.
(c) Except as provided in subdivisions 4, 5a, and 5b, in addition to the record fee in paragraph (b), the fee for a copy of the history of any vehicle title not in electronic format is $1 for each page of the historical record.
(d) Fees collected under
paragraph (b) for driver's license, instruction permit, and Minnesota
identification card records must be paid into the state treasury with 50 cents
of each fee credited to the general fund.
the remainder of the fees collected must be credited to the driver
services operating account in the special revenue fund under section 299A.705.
(e) Fees (d) Of
the fee collected by the commissioner under paragraphs (b) and (c) for
vehicle registration or title records must be paid into the state treasury with,
50 cents of each fee credited to must be deposited in the general
fund., and the remainder of the fees collected must be
credited to must be deposited in the driver and vehicle
services operating account in the special revenue fund specified in under
section 299A.705.
(e) Of the fee collected
by a full-service provider under paragraphs (b) and (c), the provider must
transmit 50 cents of each fee to the commissioner for deposit in the
general fund, and the provider must retain the remainder.
(f) Except as provided in
subdivisions 4, 5a, and 5b, the commissioner shall must permit a
person to inquire into a record by the person's own electronic means for a fee
of $4.50 for each inquiry, except that no fee may be charged when the requester
is the subject of the data. Of the fee:
(1) $2.70 must be deposited
in the general fund; and
(2) for driver's license,
instruction permit, or Minnesota identification card records, the remainder
must be deposited in the driver and
vehicle services operating account in the special revenue fund under
section 299A.705; and.
(3) for vehicle title or
registration records, the remainder must be deposited in the vehicle services
operating account in the special revenue fund under section 299A.705.
(g) Fees and the deposit of the fees for accident records and reports
are governed by section 169.09, subdivision 13.
EFFECTIVE DATE. This
section is effective July 1, 2023. Paragraph
(a) is effective January 1, 2024, and applies to record requests made on or
after that date.
Sec. 3. Minnesota Statutes 2022, section 168.327, subdivision 2, is amended to read:
Subd. 2. Requests
for information; surcharge on fee. (a)
Except as otherwise provided in subdivision 3, the commissioner shall or
full-service provider must impose a surcharge of 50 cents on each fee
charged by the commissioner under section 13.03, subdivision 3, for
copies or electronic transmittals of public information about the registration
of a vehicle or an applicant, or holder of a driver's license, instruction
permit, or Minnesota identification card.
(b) The surcharge only
applies to a fee imposed in response to a request made in person or,
by mail, or to a request for transmittal through a computer modem online. The surcharge does not apply to the request
of an individual for information about that individual's driver's license,
instruction permit, or Minnesota identification card or about vehicles
registered or titled in the individual's name.
(c) The surcharges collected
by the commissioner under this subdivision must be credited to the
general fund. The surcharges
collected by a full-service provider must be transmitted to the commissioner
for deposit in the general fund.
EFFECTIVE DATE. This section is effective January 1, 2024, and applies to record requests made on or after that date.
Sec. 4. Minnesota Statutes 2022, section 168.327, subdivision 3, is amended to read:
Subd. 3. Exception to fee and surcharge. (a) Notwithstanding subdivision 2 or section 13.03, a fee or surcharge may not be imposed in response to a request for public information about the registration of a vehicle if the commissioner or full-service provider is satisfied that:
(1) the requester seeks the information on behalf of a community-based, nonprofit organization designated by a local law enforcement agency to be a requester; and
(2) the information is needed to identify suspected prostitution law violators, controlled substance law violators, or health code violators.
(b) The commissioner shall
or full-service provider must not require a requester under paragraph
(a) to make a minimum number of data requests or limit the requester to a
maximum number of data requests.
EFFECTIVE DATE. This section is effective January 1, 2024, and applies to record requests made on or after that date.
Sec. 5. Minnesota Statutes 2022, section 168.327, is amended by adding a subdivision to read:
Subd. 7. Monitoring
and auditing. The
commissioner must monitor and audit the furnishing of records by full-service
providers under this section to ensure full-service providers are complying
with this section, chapter 13, and United States Code, title 18, section 2721,
et seq.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 6. Minnesota Statutes 2022, section 168.345, subdivision 2, is amended to read:
Subd. 2. Lessees; information. The commissioner may not furnish information about registered owners of passenger automobiles who are lessees under a lease for a term of 180 days or more to any person except the owner of the vehicle, the lessee, personnel of law enforcement agencies and trade associations performing a member service under section 604.15, subdivision 4a, and federal, state, and local governmental units, and, at the commissioner's discretion, to persons who use the information to notify lessees of automobile recalls. The commissioner may release information about lessees in the form of summary data, as defined in section 13.02, to persons who use the information in conducting statistical analysis and market research.
Sec. 7. Minnesota Statutes 2022, section 169.09, subdivision 13, is amended to read:
Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All reports and supplemental information required under this section must be for the use of the commissioner of public safety and other appropriate state, federal, county, and municipal governmental agencies for accident analysis purposes, except:
(1) upon written request,
the commissioner of public safety, a full-service provider as defined in
section 171.01, subdivision 33a, or any law enforcement agency shall
must disclose the report required under subdivision 8 to:
(i) any individual involved in the accident, the representative of the individual's estate, or the surviving spouse, or one or more surviving next of kin, or a trustee appointed under section 573.02;
(ii) any other person injured in person, property, or means of support, or who incurs other pecuniary loss by virtue of the accident;
(iii) legal counsel of a person described in item (i) or (ii);
(iv) a representative of the insurer of any person described in item (i) or (ii); or
(v) a city or county attorney or an attorney representing the state in an implied consent action who is charged with the prosecution of a traffic or criminal offense that is the result of a traffic crash investigation conducted by law enforcement;
(2) the commissioner of
public safety shall, upon written request, provide the driver filing a report
under subdivision 7 with a copy of the report filed by the driver;
(3) (2) the
commissioner of public safety may verify with insurance companies vehicle
insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796,
and 169.797;
(4) (3) the
commissioner of public safety shall must provide the commissioner
of transportation the information obtained for each traffic accident involving
a commercial motor vehicle, for purposes of administering commercial vehicle
safety regulations;
(5) (4) upon
specific request, the commissioner of public safety shall must
provide the commissioner of transportation the information obtained regarding
each traffic accident involving damage to identified state-owned
infrastructure, for purposes of debt collection under section 161.20,
subdivision 4; and
(6) (5) the
commissioner of public safety may give to the United States Department of
Transportation commercial vehicle accident information in connection with
federal grant programs relating to safety.
(b) Accident reports and
data contained in the reports are not discoverable under any provision of law
or rule of court. No report shall
A report must not be used as evidence in any trial, civil or criminal,
or any action for damages or criminal proceedings arising out of an accident. However, the commissioner of public safety shall
must furnish, upon the demand of any person who has or claims to have
made a report or upon demand of any court, a certificate showing that a
specified accident report has or has not been made to the commissioner solely
to prove compliance or failure to comply with the requirements that the report
be made to the commissioner.
(c) Nothing in this subdivision prevents any individual who has made a report under this section from providing information to any individuals involved in an accident or their representatives or from testifying in any trial, civil or criminal, arising out of an accident, as to facts within the individual's knowledge. It is intended by this subdivision to render privileged the reports required, but it is not intended to prohibit proof of the facts to which the reports relate.
(d) Disclosing any information contained in any accident report, except as provided in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor.
(e) The commissioner of
public safety shall or full-service provider as defined in section
171.01, subdivision 33a, must charge authorized persons as described in
paragraph (a) a $5 fee for a copy of an accident report. Ninety percent Of the $5 fee collected
by the commissioner under this paragraph, 90 percent must be
deposited in the special revenue fund and credited to the driver and
vehicle services operating account established in under
section 299A.705 and ten percent must be deposited in the general fund. Of the $5 fee collected by a full-service
provider, the provider must transmit 50 cents to the commissioner for deposit
in the general fund, and the provider must retain the remainder. The commissioner may also furnish an
electronic copy of the database of accident records, which must not contain
personal or private data on an individual, to private agencies as provided in
paragraph (g), for not less than the cost of preparing the copies on a bulk
basis as provided in section 13.03, subdivision 3.
(f) The fees specified in
paragraph (e) notwithstanding, the commissioner and law enforcement agencies shall
must charge commercial users who request access to response or incident
data relating to accidents a fee not to exceed 50 cents per record. "Commercial user" is a user who in
one location requests access to data in more than five accident reports per
month, unless the user establishes that access is not for a commercial purpose. Of the money collected by the commissioner
under this paragraph, 90 percent must be deposited in the special revenue
fund and credited to the driver and vehicle services operating
account established in under section 299A.705 and ten percent
must be deposited in the general fund.
(g) The fees in paragraphs
(e) and (f) notwithstanding, the commissioner shall must provide
an electronic copy of the accident records database to the public on a
case-by-case basis using the cost-recovery charges provided for under section
13.03, subdivision 3. The database
provided must not contain personal or private data on an individual. However, unless the accident records database
includes the vehicle identification number, the commissioner shall must
include the vehicle registration plate number if a private agency certifies and
agrees that the agency:
(1) is in the business of collecting accident and damage information on vehicles;
(2) will use the vehicle registration plate number only for identifying vehicles that have been involved in accidents or damaged, to provide this information to persons seeking access to a vehicle's history and not for identifying individuals or for any other purpose; and
(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.
EFFECTIVE DATE. This
section is effective July 1, 2023. Paragraph
(a) is effective January 1, 2024, and applies to report disclosures made on or
after that date.
Sec. 8. Minnesota Statutes 2022, section 169.09, is amended by adding a subdivision to read:
Subd. 20. Monitoring
and auditing. The
commissioner must monitor and audit the furnishing of records by full-service
providers under this section to ensure full-service providers are complying
with this section, chapter 13, and United States Code, title 18, section 2721,
et seq.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 9. Minnesota Statutes 2022, section 171.01, is amended by adding a subdivision to read:
Subd. 33a. Full-service provider. "Full-service provider" has the meaning given in section 168.002, subdivision 12a.
Sec. 10. Minnesota Statutes 2022, section 171.0705, is amended by adding a subdivision to read:
Subd. 11. Manual
and study material availability. The
commissioner must publish the driver's manual and study support materials for
the written exam and skills exam. The
study support materials must focus on the subjects and skills that are most
commonly failed by exam takers. The
commissioner must ensure that the driver's manual and study support materials
are easily located and are available for no cost.
Sec. 11. Minnesota Statutes 2022, section 171.12, subdivision 1a, is amended to read:
Subd. 1a. Driver and vehicle services information system; security and auditing. (a) The commissioner must establish written procedures to ensure that only individuals authorized by law may enter, update, or access not public data collected, created, or maintained by the driver and vehicle services information system. An authorized individual's ability to enter, update, or access data in the system must correspond to the official duties or training level of the individual and to the statutory authorization granting access for that purpose. All queries and responses, and all actions in which data are entered, updated, accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained in the audit trail are public to the extent the data are not otherwise classified by law.
(b) If the
commissioner must immediately and permanently revoke the authorization of
any determines that an individual who willfully entered,
updated, accessed, shared, or disseminated data in violation of state or
federal law, the commissioner must impose disciplinary action. If an individual willfully gained access to
data without authorization by law, the commissioner must forward the matter to
the appropriate prosecuting authority for prosecution. The commissioner must not impose
disciplinary action against an individual who properly accessed data to
complete an authorized transaction or to resolve an issue that did not result
in a completed authorized transaction.
(c) The commissioner
must establish a process that allows an individual who was subject to
disciplinary action to appeal the action.
If the commissioner imposes disciplinary action, the commissioner must
notify the individual in writing of the action, explain the reason for the
action, and explain how to appeal the action.
The commissioner must transmit the notification within five calendar
days of the action.
(d) The commissioner must arrange for an independent biennial audit of the driver and vehicle services information system to determine whether data currently in the system are classified correctly, how the data are used, and to verify compliance with this subdivision. The results of the audit are public. No later than 30 days following completion of the audit, the commissioner must provide a report summarizing the audit results to the commissioner of administration; the chairs and ranking minority members of the committees of the house of representatives and the senate with jurisdiction over transportation policy and finance, public safety, and data practices; and the Legislative Commission on Data Practices and Personal Data Privacy. The report must be submitted as required under section 3.195, except that printed copies are not required.
(e) For purposes of this
subdivision, "disciplinary action" means a formal or informal
disciplinary measure, including but not limited to requiring corrective action
or suspending or revoking the individual's access to the driver and vehicle
information system.
EFFECTIVE DATE. This
section is effective October 1, 2023. Paragraphs
(b), (c), and (e) apply to audits of data use that are open on or after October
1, 2023.
Sec. 12. Minnesota Statutes 2022, section 171.13, subdivision 1, is amended to read:
Subdivision 1. Examination
subjects and locations; provisions for color blindness, disabled veterans. (a) Except as otherwise provided in this
section, the commissioner shall must examine each applicant for a
driver's license by such agency as the commissioner directs. This examination must include:
(1) a test of the applicant's eyesight, provided that this requirement is met by submission of a vision examination certificate under section 171.06, subdivision 7;
(2) a test of the applicant's ability to read and understand highway signs regulating, warning, and directing traffic;
(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal penalties and financial consequences resulting from violations of laws prohibiting the operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil transportation safety, including the significance of school bus lights, signals, stop arm, and passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and dangers of carbon monoxide poisoning;
(4) an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle; and
(5) other physical and mental examinations as the commissioner finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways.
(b) Notwithstanding paragraph (a), the commissioner must not deny an application for a driver's license based on the exclusive grounds that the applicant's eyesight is deficient in color perception or that the applicant has been diagnosed with diabetes mellitus. War veterans operating motor vehicles especially equipped for disabled persons, if otherwise entitled to a license, must be granted such license.
(c) The commissioner
shall make provision for giving the examinations under this subdivision either
in the county where the applicant resides or at a place adjacent thereto
reasonably convenient to the applicant.
The commissioner must ensure that an applicant may take an exam
either in the county where the applicant resides or in an adjacent county at a
reasonably convenient location. The
schedule for each exam station must be posted on the department's website.
(d) The commissioner shall ensure that an applicant is able to obtain an appointment for an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the applicant's request if, under the applicable statutes and rules of the commissioner, the applicant is eligible to take the examination.
(e) The commissioner
must provide real-time information on the department's website about the
availability and location of exam appointments.
The website must show the next available exam dates and times for each
exam station. The website must also
provide an option for a person to enter an address to see the date and time of
the next available exam at each exam station sorted by distance from the
address provided.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 13. Minnesota Statutes 2022, section 171.13, subdivision 1a, is amended to read:
Subd. 1a. Waiver
when license issued by another jurisdiction.
(a) If the commissioner determines that an applicant for a
driver's license is 21 years of age or older and possesses a valid driver's
license issued by another state or jurisdiction that requires a comparable
examination to obtain a driver's license, the commissioner may must
waive the requirement requirements that the applicant pass a
knowledge examination and demonstrate ability to exercise ordinary and
reasonable control in the operation of a motor vehicle on determining that
the applicant possesses a valid driver's license issued by a jurisdiction that
requires a comparable demonstration for license issuance.
(b) If the commissioner
determines that an applicant for a two-wheeled vehicle endorsement is 21 years
of age or older and possesses a valid driver's license with a two-wheeled
vehicle endorsement issued by another state or jurisdiction that requires a
comparable examination to obtain an endorsement, the commissioner must waive
the requirements with respect to the endorsement that the applicant pass a
knowledge examination and demonstrate the ability to exercise ordinary and
reasonable control in the operation of a motor vehicle.
(c) For purposes of this subdivision, "jurisdiction" includes, but is not limited to, both the active and reserve components of any branch or unit of the United States armed forces, and "valid driver's license" includes any driver's license that is recognized by that branch or unit as currently being valid, or as having been valid at the time of the applicant's separation or discharge from the military within a period of time deemed reasonable and fair by the commissioner, up to and including one year past the date of the applicant's separation or discharge.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to applications made on or after that date.
Sec. 14. DRIVER
AND VEHICLE SERVICES INFORMATION SYSTEM ACCESS REINSTATEMENT.
(a) An individual whose
access was permanently revoked under Minnesota Statutes, section 171.12,
subdivision 1a, between October 1, 2018, and September 30, 2023, based on the
commissioner's determination that the individual willfully entered, updated, accessed,
shared, or disseminated data in violation of state or federal law, may apply to
the commissioner for reinstatement of their access. An individual convicted of a crime related to
the conduct that resulted in permanent revocation of their access is ineligible
to reapply for access under this section.
(b) Any individual
reapplying for access under this section must submit the request in writing to
the commissioner no later than June 30, 2024, and the request must contain:
(1) written
documentation that demonstrates the individual is currently employed at an
agency or entity that requires access for the employee to conduct their work
duties;
(2) written documentation that
demonstrates the individual is in compliance with all existing requirements to
be considered eligible for access, including completion of required background
checks;
(3) a signed statement
from the individual's employer acknowledging the employer is aware that the
individual's access was previously revoked and any future violations of state
or federal law may again result in permanent revocation of access; and
(4) a signed statement
from the individual describing:
(i) their understanding
of appropriate use of the system data under state and federal laws; and
(ii) the remedial steps
they have taken to ensure that no future misuse occurs.
(c) The commissioner
must evaluate applications for reinstatement of access in the manner provided
for appeal of a disciplinary action under Minnesota Statutes, section 171.12,
subdivision 1a. The commissioner must
respond in writing to the individual's request for access within 90 days of
receipt of the request.
(d) The commissioner's
decision under this section is final, and an individual applying under this
section is not entitled to further review.
EFFECTIVE DATE. This section is effective October 1, 2023, and
applies to requests made on or after that date.
Sec. 15. REPORT;
DEPUTY REGISTRAR AND DRIVER'S LICENSE AGENT FINANCIAL SUSTAINABILITY.
(a) By January 15, 2025,
the commissioner of public safety must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
transportation finance and policy evaluating deputy registrar and driver's license
agent operations and sustainability. The
commissioner must engage with stakeholders in preparing and developing the
report.
(b) At a minimum, the
report must:
(1) evaluate the current
performance and impact of the quality of services provided by deputy registrars
and driver's license agents to the residents of Minnesota;
(2) evaluate and make
recommendations on how to implement financial sustainability for deputy
registrars and driver's license agents;
(3) detail the amount of
financial assistance necessary to sustain deputy registrars and driver's
license agents on an ongoing basis;
(4) explain each
considered model of financial assistance or support for deputy registrars and
driver's license agents;
(5) evaluate the impact
on deputy registrars and driver's license agents if expanded online services
are offered by the Division of Driver and Vehicle Services;
(6) detail a five-,
ten-, and 20-year analysis of the role of deputy registrars and driver's
license agents in motor vehicle registration and driver licensing; and
(7) evaluate and make
recommendations on the Division of Driver and Vehicle Services assuming all of
the services provided by deputy registrars and driver's license agents or the
services provided by private deputy registrars and private driver's license
agents, including but not limited to identification of necessary financial
resources, market-rate financial assistance cost of a transition, and analysis
of fees and appropriations.
(c) Upon request of the
commissioner, a deputy registrar or driver's license agent must provide
sufficient financial information to meet the evaluation and analysis
requirements under paragraph (b), clauses (2) and (3). Financial data provided by a private deputy
registrar or private driver's license agent is classified as nonpublic data, as
defined in Minnesota Statutes, section 13.02, subdivision 9.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 16. REPORT;
DRIVER AND VEHICLE SERVICES RECOMMENDATIONS.
(a) By January 15, 2024,
the commissioner of public safety must report to the chairs and ranking
minority members of the legislative committees with jurisdiction over
transportation finance and policy on driver and vehicle services
recommendations and operations. The
report must:
(1) review
recommendations from the independent expert review of driver and vehicle
services issued January 12, 2022, as identified under paragraph (b);
(2) review the
recommendations made to the commissioner in the legislative auditor's report on
driver examination stations issued in March 2021;
(3) provide the
commissioner's plan for the locations, schedule, and staffing allocation of
driver examination stations; and
(4) propose any
statutory changes necessary or beneficial in implementing recommendations under
clauses (1) and (2).
(b) The report must
include information on the independent expert review recommendations to:
(1) revise the deputy registrar
and driver's license agent contracts to encourage all deputy registrars and
driver's license agents to become or remain full-service providers as defined
in Minnesota Statutes, section 168.002, subdivision 12a;
(2) implement data and
reporting practices to assist the commissioner in making decisions focused on
the residents of the state;
(3) conduct a staffing
review that balances staff quantity and quality, leverages technology
automations and configurations, and establishes performance standards and
targets that meet the needs of the state;
(4) identify performance
and service standards and create a deputy registrar performance scorecard and a
driver's license agent performance scorecard that monitors user performance to
ensure a consistently positive experience for Minnesotans;
(5) provide a rapid
response communication method for situations where deputy registrars or
driver's license agents need immediate support;
(6) explore ways to accelerate
background checks of new employees at the Division of Driver and Vehicle
Services offices and deputy registrar offices, including using a police
department or county sheriff to conduct the background checks;
(7) promote the
preapplication process and expand the use of preapplications to all feasible
areas;
(8) evaluate and make recommendations to the legislature on areas where it is appropriate to make preapplications mandatory;
(9) adjust policies and
practices to automate as many approval transactions as possible;
(10) determine the proper
user level field needed by transaction type and explore additional
differentiated user levels in MNDRIVE;
(11) allow deputy
registrars to have increased visibility to and influence on the MNDRIVE
enhancement process;
(12) provide additional
training and clear guidance regarding permissible use of records and enable in‑application
notation of usage other than for paid transactions;
(13) consider what
security measures are appropriate at each deputy registrar or driver's license
agent location, including the possible need for a security officer or for
cameras with recording capabilities; and
(14) offer training in
de-escalation and negotiation techniques to all public-facing staff.
(c) For each of the
recommendations under paragraphs (a), clauses (1) and (2), and (b), the report
must specify whether the recommendation is under active consideration, in the
process of being implemented, has already been implemented, or the reasons why
the recommendation will not be implemented.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 17. REPEALER.
Minnesota Statutes 2022,
section 168.345, subdivision 1, is repealed.
ARTICLE 7
DRIVER AND VEHICLE SERVICES OPERATING ACCOUNT CONFORMING CHANGES
Section 1. Minnesota Statutes 2022, section 168.013, subdivision 8, is amended to read:
Subd. 8. Tax proceeds to highway user fund; fee proceeds to vehicle services account. (a) Unless otherwise specified in this chapter, the net proceeds of the registration tax imposed under this chapter must be collected by the commissioner, paid into the state treasury, and credited to the highway user tax distribution fund.
(b) All fees collected under
this chapter, unless otherwise specified, must be deposited in the driver
and vehicle services operating account in the special revenue fund
under section 299A.705.
Sec. 2. Minnesota Statutes 2022, section 168.1293, subdivision 7, is amended to read:
Subd. 7. Deposit
of fee; appropriation. The
commissioner shall deposit the application fee under subdivision 2, paragraph
(a), clause (3), in the driver and vehicle services operating account of
the special revenue fund under section 299A.705. An amount sufficient to pay the department's
cost in implementing and administering this section, including payment of
refunds under subdivision 4, is appropriated to the commissioner from that
account.
Sec. 3. Minnesota Statutes 2022, section 168.1295, subdivision 5, is amended to read:
Subd. 5. Contribution
and fees credited. Contributions
under subdivision 1, paragraph (a), clause (5), must be paid to the
commissioner and credited to the state parks and trails donation account
established in section 85.056. The other
fees collected under this section must be deposited in the driver and
vehicle services operating account of the special revenue fund under
section 299A.705.
Sec. 4. Minnesota Statutes 2022, section 168.1296, subdivision 5, is amended to read:
Subd. 5. Contribution
and fees credited. Contributions
under subdivision 1, paragraph (a), clause (5), must be paid to the
commissioner and credited to the Minnesota critical habitat private sector
matching account established in section 84.943.
The fees collected under this section must be deposited in the driver
and vehicle services operating account of the special revenue fund
under section 299A.705.
Sec. 5. Minnesota Statutes 2022, section 168.1298, subdivision 5, is amended to read:
Subd. 5. Contribution
and fees credited. Contributions
under subdivision 1, paragraph (a), clause (5), must be paid to the
commissioner and credited to the Minnesota "Support Our Troops"
account established in section 190.19. The
fees collected under this section must be deposited in the driver and
vehicle services operating account in the special revenue fund under
section 299A.705.
Sec. 6. Minnesota Statutes 2022, section 168.27, subdivision 11, is amended to read:
Subd. 11. Dealers' licenses; location change notice; fee. (a) Application for a dealer's license or notification of a change of location of the place of business on a dealer's license must include a street address, not a post office box, and is subject to the commissioner's approval.
(b) Upon the filing of an application for a dealer's license and the proper fee, unless the application on its face appears to be invalid, the commissioner shall grant a 90-day temporary license. During the 90-day period following issuance of the temporary license, the commissioner shall inspect the place of business site and insure compliance with this section and rules adopted under this section.
(c) The commissioner may extend the temporary license 30 days to allow the temporarily licensed dealer to come into full compliance with this section and rules adopted under this section.
(d) In no more than 120 days following issuance of the temporary license, the dealer license must either be granted or denied.
(e) A license must be denied under the following conditions:
(1) The license must be denied if within the previous ten years the applicant was enjoined due to a violation of section 325F.69 or convicted of violating section 325E.14, 325E.15, 325E.16, or 325F.69, or convicted under section 609.53 of receiving or selling stolen vehicles, or convicted of violating United States Code, title 49, sections 32701 to 32711 or pleaded guilty, entered a plea of nolo contendere or no contest, or has been found guilty in a court of competent jurisdiction of any charge of failure to pay state or federal income or sales taxes or felony charge of forgery, embezzlement, obtaining money under false pretenses, theft by swindle, extortion, conspiracy to defraud, or bribery.
(2) A license must be denied if the applicant has had a dealer license revoked within the previous ten years.
(f) If the application is approved, the commissioner shall license the applicant as a dealer for one year from the date the temporary license is granted and issue a certificate of license that must include a distinguishing number of identification of the dealer. The license must be displayed in a prominent place in the dealer's licensed place of business.
(g) Each initial
application for a license must be accompanied by a fee of $100 in addition to
the annual fee. The annual fee is $150. The initial fees and annual fees must be paid
into the state treasury and credited to the general fund except that $50 of
each initial and annual fee must be paid into the driver and vehicle
services operating account in the special revenue fund under section
299A.705.
Sec. 7. Minnesota Statutes 2022, section 168.327, subdivision 5b, is amended to read:
Subd. 5b. Custom data request record fees. (a) For purposes of this subdivision, "custom data request records" means a total of 1,000 or more (1) vehicle title records, (2) vehicle registration records, or (3) driver's license records.
(b) The commissioner must charge a fee of $0.02 per record for custom data request records.
(c) Of the fees collected for custom data request records:
(1) 20 percent must be
credited:
(i) for vehicle title or
registration records, to the driver and vehicle services operating
account under section 299A.705, subdivision 1, and is appropriated to the
commissioner for the purposes of this subdivision; and
(ii) for driver's
license records, to the driver services operating account under section
299A.705, subdivision 2, and is appropriated to the commissioner for the
purposes of this subdivision;
(2) 30 percent must be credited to the data security account in the special revenue fund under section 3.9741, subdivision 5; and
(3) 50 percent must be credited to the driver and vehicle services technology account under section 299A.705, subdivision 3.
(d) The commissioner may impose an additional fee for technical staff to create a custom set of data under this subdivision.
Sec. 8. Minnesota Statutes 2022, section 168.381, subdivision 4, is amended to read:
Subd. 4. Appropriations. (a) Money appropriated to the Department of Public Safety to procure the plates for any fiscal year or years is available for allotment, encumbrance, and expenditure from and after the date of the enactment of the appropriation. Materials and equipment used in the manufacture of plates are subject only to the approval of the commissioner.
(b) This section contemplates that money to be appropriated to the Department of Public Safety to carry out the terms and provisions of this section will be appropriated by the legislature from the highway user tax distribution fund.
(c) A sum sufficient is
appropriated annually from the driver and vehicle services operating
account in the special revenue fund under section 299A.705 to the
commissioner to pay the costs of purchasing, delivering, and mailing plates,
registration stickers, and registration notices.
Sec. 9. Minnesota Statutes 2022, section 168A.152, subdivision 2, is amended to read:
Subd. 2. Inspection fee; proceeds allocated. (a) A fee of $35 must be paid to the department before the department issues a certificate of title for a vehicle that has been inspected and for which a certificate of inspection has been issued pursuant to subdivision 1. The only additional fee that may be assessed for issuing the certificate of title is the filing fee imposed under section 168.33, subdivision 7.
(b) Of the fee collected by
the department under this subdivision, for conducting inspections under
subdivision 1, $20 must be deposited in the general fund and the remainder of
the fee collected must be deposited in the driver and vehicle services
operating account in the special revenue fund as specified in under
section 299A.705.
Sec. 10. Minnesota Statutes 2022, section 168A.29, subdivision 1, is amended to read:
Subdivision 1. Amounts. (a) The department must be paid the following fees:
(1) for filing an application for and the issuance of an original certificate of title, $8.25, of which $4.15 must be paid into the driver and vehicle services operating account under section 299A.705, subdivision 1, and a surcharge of $2.25 must be added to the fee and credited to the driver and vehicle services technology account under section 299A.705, subdivision 3;
(2) for each security interest when first noted upon a certificate of title, including the concurrent notation of any assignment thereof and its subsequent release or satisfaction, $2, except that no fee is due for a security interest filed by a public authority under section 168A.05, subdivision 8;
(3) for each assignment of a security interest when first noted on a certificate of title, unless noted concurrently with the security interest, $1; and
(4) for issuing a duplicate certificate of title, $7.25, of which $3.25 must be paid into the driver and vehicle services operating account under section 299A.705, subdivision 1, and a surcharge of $2.25 must be added to the fee and credited to the driver and vehicle services technology account under section 299A.705, subdivision 3.
(b) In addition to the fee required under paragraph (a), clause (1), the department must be paid $3.50. The additional $3.50 fee collected under this paragraph must be deposited in the special revenue fund and credited to the public safety motor vehicle account established in section 299A.70.
Sec. 11. Minnesota Statutes 2022, section 168A.31, subdivision 2, is amended to read:
Subd. 2. Expenses;
appropriation. All necessary
expenses incurred by the department for the administration of sections 168A.01
to 168A.31 must be paid from money in the driver and vehicle services
operating account of the special revenue fund as specified in under
section 299A.705, and such funds are hereby appropriated.
Sec. 12. Minnesota Statutes 2022, section 168D.06, is amended to read:
168D.06 FUEL LICENSE FEES.
License fees paid to the
commissioner under the International Fuel Tax Agreement must be deposited in
the driver and vehicle services operating account in the special
revenue fund under section 299A.705.
The commissioner shall charge an annual fuel license fee of $15, an
annual application filing fee of $13 for quarterly reporting of fuel tax, and a
reinstatement fee of $100 to reinstate a revoked International Fuel Tax
Agreement license.
Sec. 13. Minnesota Statutes 2022, section 168D.07, is amended to read:
168D.07 FUEL DECAL FEE.
The commissioner shall issue
a decal or other identification to indicate compliance with the International
Fuel Tax Agreement. The commissioner
shall collect a fee for the decal or other identification in the amount
established in section 168.12, subdivision 5.
Decal or other identification fees paid to the commissioner under this
section must be deposited in the driver and vehicle services operating
account in the special revenue fund under section 299A.705.
Sec. 14. Minnesota Statutes 2022, section 169A.60, subdivision 16, is amended to read:
Subd. 16. Fees
credited. Fees collected from the
sale or reinstatement of license plates under this section must be paid into
the state treasury and credited one-half to the driver and vehicle
services operating account in the special revenue fund specified in under
section 299A.705 and one-half to the general fund.
Sec. 15. Minnesota Statutes 2022, section 171.07, subdivision 11, is amended to read:
Subd. 11. Standby or temporary custodian. (a) Upon the written request of the applicant and upon payment of an additional fee of $4.25, the department shall issue a driver's license or Minnesota identification card bearing a symbol or other appropriate identifier indicating that the license holder has appointed an individual to serve as a standby or temporary custodian under chapter 257B.
(b) The request must be accompanied by a copy of the designation executed under section 257B.04.
(c) The department shall maintain a computerized records system of all individuals listed as standby or temporary custodians by driver's license and identification card applicants. This data must be released to appropriate law enforcement agencies under section 13.69. Upon a parent's request and payment of a fee of $4.25, the department shall revise its list of standby or temporary custodians to reflect a change in the appointment.
(d) At the request of the license or cardholder, the department shall cancel the standby or temporary custodian indication without additional charge. However, this paragraph does not prohibit a fee that may be applicable for a duplicate or replacement license or card, renewal of a license, or other service applicable to a driver's license or identification card.
(e) Notwithstanding sections 13.08, subdivision 1, and 13.69, the department and department employees are conclusively presumed to be acting in good faith when employees rely on statements made, in person or by telephone, by persons purporting to be law enforcement and subsequently release information described in paragraph (b). When acting in good faith, the department and department personnel are immune from civil liability and not subject to suit for damages resulting from the release of this information.
(f) The department and its employees:
(1) have no duty to inquire or otherwise determine whether a designation submitted under this subdivision is legally valid and enforceable; and
(2) are immune from all civil liability and not subject to suit for damages resulting from a claim that the designation was not legally valid and enforceable.
(g) Of the fees received by the department under this subdivision:
(1) Up to $61,000 received must be deposited in the general fund.
(2) All other fees must be
deposited in the driver and vehicle services operating account in the
special revenue fund specified in under section 299A.705.
Sec. 16. Minnesota Statutes 2022, section 171.13, subdivision 7, is amended to read:
Subd. 7. Examination fees. (a) A fee of $10 must be paid by an individual to take a third and any subsequent knowledge test administered by the department if the individual has failed two previous consecutive knowledge tests on the subject.
(b) A fee of $20 must be paid by an individual to take a third and any subsequent skills or road test administered by the department if the individual has previously failed two consecutive skill or road tests in a specified class of motor vehicle.
(c) A fee of $20 must be paid by an individual who fails to appear for a scheduled skills or road test or who cancels a skills or road test within 24 hours of the appointment time.
(d) All fees received under
this subdivision must be paid into the state treasury and credited to the
driver and vehicle services operating account in the special revenue
fund specified under section 299A.705.
Sec. 17. Minnesota Statutes 2022, section 171.29, subdivision 2, is amended to read:
Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a) An individual whose driver's license has been revoked by reason of one or more convictions, pleas of guilty, forfeitures of bail not vacated, or mandatory revocations under section 169.791, 169.792, 169.797, 171.17, or 171.172, and who is otherwise eligible for reinstatement must pay a single $30 fee before the driver's license is reinstated. An individual whose driver's license has been revoked under provisions specified in both this paragraph and paragraph (b) must pay the reinstatement fee as provided in paragraph (b).
(b) A person whose driver's license has been revoked under section 169A.52, 169A.54, 171.177, 609.2112, 609.2113, or 609.2114, or Minnesota Statutes 2012, section 609.21, must pay a $250 fee plus a $430 surcharge for each instance of revocation before the driver's license is reinstated, except as provided in paragraph (f). The $250 fee must be credited as follows:
(1) 20 percent to the driver and
vehicle services operating account in the special revenue fund as
specified in under section 299A.705;
(2) 67 percent to the general fund;
(3) eight percent to a separate account to be known as the Bureau of Criminal Apprehension account. Money in this account is annually appropriated to the commissioner of public safety and the appropriated amount must be apportioned 80 percent for laboratory costs and 20 percent for carrying out the provisions of section 299C.065; and
(4) five percent to a separate account to be known as the vehicle forfeiture account, which is created in the special revenue fund. The money in the account is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
(c) The revenue from $50 of the surcharge must be credited to a separate account to be known as the traumatic brain injury and spinal cord injury account. The revenue from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the first installment payment to the traumatic brain injury and spinal cord injury account. The money in the account is annually appropriated to the commissioner of health to be used as follows: 83 percent for contracts with a qualified community-based organization to provide information, resources, and support to assist persons with traumatic brain injury and their families to access services, and 17 percent to maintain the traumatic brain injury and spinal cord injury registry created in section 144.662. For the purposes of this paragraph, a "qualified community-based organization" is a private, not-for-profit organization of consumers of traumatic brain injury services and their family members. The organization must be registered with the United States Internal Revenue Service under section 501(c)(3) as a tax-exempt organization and must have as its purposes:
(1) the promotion of public, family, survivor, and professional awareness of the incidence and consequences of traumatic brain injury;
(2) the provision of a network of support for persons with traumatic brain injury, their families, and friends;
(3) the development and support of programs and services to prevent traumatic brain injury;
(4) the establishment of education programs for persons with traumatic brain injury; and
(5) the empowerment of persons with traumatic brain injury through participation in its governance.
A patient's name, identifying information, or identifiable medical data must not be disclosed to the organization without the informed voluntary written consent of the patient or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
(d) The remainder of the surcharge must be credited to a separate account to be known as the remote electronic alcohol-monitoring program account. The commissioner shall transfer the balance of this account to the commissioner of management and budget on a monthly basis for deposit in the general fund.
(e) When these fees are collected by a driver's license agent, appointed under section 171.061, a filing fee is imposed in the amount specified under section 171.061, subdivision 4. The reinstatement fees, surcharge, and filing fee must be deposited in an approved depository as directed under section 171.061, subdivision 4.
(f) A person whose driver's
license has been revoked as provided in subdivision 1 under section 169A.52,
169A.54, or 171.177 may choose to pay 50 percent and an additional $25 of the
total amount of the surcharge and 50 percent of the fee required under paragraph
(b) to reinstate the person's driver's license, provided the person meets all
other requirements of reinstatement. If
a person chooses to pay 50 percent of the total and an additional $25, the
driver's license must expire after two years.
The person must pay an additional 50 percent less $25 of the total to
extend the license for an additional two years, provided the person is
otherwise still eligible for the license.
After this final payment of the surcharge and fee, the license may be
renewed on a standard schedule, as provided under section 171.27. A filing fee may be imposed for each
installment payment. Revenue from the
filing fee is credited to the driver and vehicle services operating
account in the special revenue fund under section 299A.705 and is
appropriated to the commissioner.
(g) Any person making installment payments under paragraph (f), whose driver's license subsequently expires, or is canceled, revoked, or suspended before payment of 100 percent of the surcharge and fee, must pay the outstanding balance due for the initial reinstatement before the driver's license is subsequently reinstated. Upon payment of the outstanding balance due for the initial reinstatement, the person may pay any new surcharge and fee imposed under paragraph (b) in installment payments as provided under paragraph (f).
Sec. 18. Minnesota Statutes 2022, section 171.36, is amended to read:
171.36 LICENSE FEES; RENEWAL.
All licenses expire one
year from the date of issuance and may be renewed upon application to the
commissioner. Each application for an
original or renewal school license must be accompanied by a fee of $150 and
each application for an original or renewal instructor's license must be
accompanied by a fee of $50. The license
fees collected under sections 171.33 to 171.41 must be paid into the driver and
vehicle services operating account in the special revenue fund specified
under section 299A.705. A license fee
must not be refunded in the event that the license is rejected or
revoked."
Delete the title and insert:
"A bill for an act relating to transportation; establishing a budget for transportation; appropriating money for transportation purposes, including Department of Transportation, Department of Public Safety, and Metropolitan Council activities; modifying prior appropriations; authorizing the sale and issuance of state bonds; modifying various policy and finance provisions; establishing metropolitan region sales and use tax; requiring Metropolitan Council to implement and enforce transit safety measures; authorizing administrative citations; establishing criminal penalties; establishing an advisory committee, a task force, and a working group; establishing pilot programs; requiring a study; requiring reports; transferring money; making conforming changes; amending Minnesota Statutes 2022, sections 3.9741, subdivision 5; 13.69, subdivision 1; 13.6905, by adding a subdivision; 115E.042, subdivisions 2, 3, 4, 5, 6, by adding a subdivision; 123B.90, subdivision 2; 151.37, subdivision 12; 160.262, subdivision 3; 160.266, subdivisions 1b, 6, by adding a subdivision; 160.27, subdivision 7, by adding a subdivision; 161.045, subdivision 3; 161.082, subdivision 2a; 161.088, subdivisions 1, 2, 4, 5, as amended, by adding subdivisions; 161.115, subdivision 265, by adding a subdivision; 161.125, subdivision 1; 161.14, subdivision 97, by adding a subdivision; 161.32, subdivision 2; 161.41; 161.45, subdivisions 1, 2; 161.46, subdivision 2; 161.53; 162.07, subdivision 2; 162.13, subdivisions 2, 3; 162.145, subdivisions 2, 3, 4; 163.051, subdivision 1; 168.002, by adding a subdivision; 168.012, by adding a subdivision; 168.013, subdivisions 1a, 8; 168.1235, subdivision 1; 168.1253, subdivision 3; 168.1293, subdivision 7, by adding a subdivision; 168.1295, subdivision 5; 168.1296, subdivision 5; 168.1298, subdivision 5; 168.185; 168.27, subdivisions 11, 16, 31; 168.326; 168.327, subdivisions 1, 2, 3, 5b, by adding a subdivision; 168.33, subdivision 7; 168.345, subdivision 2; 168.381, subdivision 4; 168A.11, subdivision 3; 168A.151, subdivision 1; 168A.152, subdivision 2; 168A.29, subdivision 1, by adding a subdivision; 168A.31, subdivision 2; 168B.045; 168B.07, subdivision 1; 168D.06; 168D.07; 169.011, subdivision 27, by adding a subdivision; 169.09, subdivisions 8, 13, by adding a subdivision; 169.14, by adding subdivisions; 169.18, subdivision 11, by adding a subdivision; 169.222, subdivision 4, by adding a subdivision; 169.345, subdivision 2; 169.346, subdivision 2a; 169.451, subdivisions 2, 3, 4; 169.454, subdivision 2; 169.475, subdivisions 2, 3; 169.70; 169.781, subdivision 3; 169.8261; 169.865, subdivision 1a; 169A.60, subdivisions 13, 16; 171.01, by adding subdivisions; 171.041; 171.042; 171.05, subdivision 2; 171.06, subdivisions 2, 3, as amended, 7, by adding a subdivision; 171.0605, subdivisions 3, 5; 171.061, subdivision 4; 171.07, subdivisions 11, 15; 171.0705, by adding a subdivision; 171.12, subdivision 1a, by adding a subdivision; 171.13, subdivisions 1, 1a, 7; 171.26; 171.29, subdivision 2; 171.306, subdivision 4; 171.36; 174.01, by adding a subdivision; 174.03, subdivision 1c; 174.38, subdivisions 3, 5, 6; 174.40, subdivision 4a; 174.50, subdivision 7; 174.52, subdivisions 2, 4, 5; 174.634; 219.015, subdivision 2; 219.1651; 221.0269, by adding a subdivision; 222.37, subdivision 1; 222.50, subdivision 7; 239.761, by adding a subdivision; 256.9752, by adding a subdivision; 270C.15; 296A.07, subdivision 3; 296A.08, subdivision 2; 297A.64, subdivisions 1, 2; 297A.71, by adding a subdivision; 297A.94; 297A.99, subdivision 1; 297A.993, by adding a subdivision; 297B.02, subdivision 1; 297B.03; 297B.09; 299A.01, by adding a subdivision; 299A.55; 299A.705, subdivision 1; 299F.60, subdivision 1; 299J.16, subdivision 1; 325F.6641, subdivision 2; 357.021, subdivisions 6, 7; 360.915, subdivision 6; 473.145; 473.375, by adding a subdivision; 473.39, subdivision 6, by adding a subdivision; 473.3999; 473.4051; 473.408, by adding a subdivision; 473.859, subdivision 2, by adding a subdivision; 609.50, subdivision 1; 609.855, subdivisions 1, 3, 7, by adding a subdivision; Laws 2005, First Special
Session chapter 6, article 3, section 103; Laws 2013, chapter 127, section 63; Laws 2018, chapter 214, article 1, section 16, subdivision 11, as amended; Laws 2021, First Special Session chapter 5, article 1, section 4, subdivision 4; article 4, section 143; Laws 2022, chapter 39, section 2; proposing coding for new law in Minnesota Statutes, chapters 4; 41A; 123B; 160; 161; 162; 168; 169; 171; 174; 219; 289A; 290; 297A; 473; proposing coding for new law as Minnesota Statutes, chapter 168E; repealing Minnesota Statutes 2022, sections 160.05, subdivision 2; 167.45; 168.121, subdivision 5; 168.1282, subdivision 5; 168.1294, subdivision 5; 168.1299, subdivision 4; 168.345, subdivision 1; 168B.15; 169.829, subdivision 2; 171.06, subdivision 3a; 299A.705, subdivision 2; 360.915, subdivision 5; 473.1467; 473.408, subdivisions 6, 7, 8, 9; Laws 2002, chapter 393, section 85; Minnesota Rules, parts 7411.0530; 7411.0535; 8835.0350, subpart 2."
We request the adoption of this report and repassage of the bill.
House Conferees: Frank Hornstein, Erin Koegel, Brad Tabke and Jeff Brand.
Senate Conferees: D. Scott Dibble, Kelly Morrison, Jim Carlson and Jennifer McEwen.
Hornstein moved that the report of the
Conference Committee on H. F. No. 2887 be adopted and that the
bill be repassed as amended by the Conference Committee.
A roll call was requested and properly seconded.
The question was taken on the Hornstein
motion and the roll was called. There
were 69 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dotseth
Engen
Fogelman
Franson
Garofalo
Gillman
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, N.
Neu Brindley
Niska
Novotny
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
Urdahl
Wiener
Wiens
Zeleznikar
The
motion prevailed.
H. F. No. 2887, A bill for an act relating to transportation; establishing a budget for transportation; appropriating money for transportation purposes, including Department of Transportation, Department of Public Safety, and Metropolitan Council activities; modifying prior appropriations; authorizing the sale and issuance of state bonds; modifying various policy and finance provisions; establishing metropolitan region sales and use tax; requiring Metropolitan Council to implement and enforce transit safety measures; authorizing administrative citations; establishing criminal penalties; establishing an advisory committee, a task force, and a working group; establishing pilot programs; requiring a study; requiring reports; transferring money; amending Minnesota Statutes 2022, sections 13.69, subdivision 1; 43A.17, by adding a subdivision; 151.37, subdivision 12; 161.088, subdivisions 1, 2, 4, 5, as amended, by adding subdivisions; 161.45, subdivisions 1, 2; 161.46, subdivision 2; 163.051, subdivision 1; 168.002, by adding a subdivision; 168.012, by adding a subdivision; 168.013, subdivision 1a; 168.326; 168.327, subdivisions 1, 2, 3, by adding a subdivision; 168.33, subdivision 7; 168.345, subdivision 2; 168.54, subdivision 5; 168A.29, by adding a subdivision; 169.09, subdivision 13, by adding a subdivision; 169.14, by adding a subdivision; 169.345, subdivision 2; 169.475, subdivisions 2, 3; 169.8261; 169.865, subdivision 1a; 171.01, by adding subdivisions; 171.06, subdivisions 2, 3, as amended, 7, by adding subdivisions; 171.061, subdivision 4; 171.0705, by adding a subdivision; 171.13, subdivisions 1, 1a; 171.26; 174.01, by adding a subdivision; 174.03, subdivision 1c; 174.634; 219.015, subdivision 2; 219.1651; 221.0269, by adding a subdivision; 222.37, subdivision 1; 256.9752, by adding a subdivision; 270C.15; 297A.94; 297A.99, subdivision 1; 297A.993, by adding a subdivision; 297B.02, subdivision 1; 297B.03; 297B.09; 299A.01, by adding a subdivision; 299A.705, subdivision 1; 299D.03, subdivision 5; 299F.60, subdivision 1; 299J.16, subdivision 1; 357.021, subdivisions 6, 7; 473.146, subdivision 1, by adding a subdivision; 473.39, by adding a subdivision; 473.859, by adding a subdivision; 609.855, subdivisions 1, 3, 7, by adding a subdivision; Laws 2021, First Special Session chapter 5, article 1, sections 2, subdivision 2; 4, subdivision 4; article 4, section 143; Laws 2022, chapter 39, section 2; proposing coding for new law in Minnesota Statutes, chapters 4; 160; 161; 168; 169; 171; 174; 297A; 473; proposing coding for new law as Minnesota Statutes, chapter 168E; repealing Minnesota Statutes 2022, sections 168.121, subdivision 5; 168.1282, subdivision 5; 168.1294, subdivision 5; 168.1299, subdivision 4; 168.345, subdivision 1; 299A.705, subdivision 2; 360.915, subdivision 5.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 69 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Garofalo
Gillman
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, N.
Neu Brindley
Niska
Novotny
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
Urdahl
West
Wiener
Wiens
Witte
Zeleznikar
The bill was repassed, as amended by
Conference, and its title agreed to.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 100, A bill for an act relating to cannabis; establishing the Office of Cannabis Management; establishing advisory councils; requiring reports relating to cannabis use and sales; legalizing and limiting the possession and use of cannabis and certain hemp products by adults; providing for the licensing, inspection, and regulation of cannabis businesses and hemp businesses; requiring testing of cannabis flower, cannabis products, and certain hemp products; requiring labeling of cannabis flower, cannabis products, and certain hemp products; limiting the advertisement of cannabis flower, cannabis products, and cannabis businesses, and hemp businesses; providing for the cultivation of cannabis in private residences; transferring regulatory authority for the medical cannabis program; taxing the sale of cannabis flower, cannabis products, and certain hemp products; establishing grant and loan programs; clarifying the prohibition on operating a motor vehicle while under the influence of certain products and chemicals; amending criminal penalties; establishing expungement procedures for certain individuals; requiring reports on expungements; providing for expungement of certain evictions; clarifying the rights of landlords and tenants regarding use of certain forms of cannabis; establishing labor standards for the use of cannabis flower, cannabis products, and certain hemp products by employees and testing of employees; providing for the temporary regulation of certain edible cannabinoid products; providing for professional licensing protections; providing for local registration of certain cannabis businesses and hemp businesses operating retail establishments; amending the scheduling of marijuana and tetrahydrocannabinols; classifying data; making miscellaneous cannabis-related changes and additions; making clarifying and technical changes; appropriating money; amending Minnesota Statutes 2022, sections 13.411, by adding a subdivision; 13.871, by adding a subdivision; 34A.01, subdivision 4; 144.99, subdivision 1; 144A.4791, subdivision 14; 151.72; 152.01, by adding subdivisions; 152.02, subdivisions 2, 4; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, subdivisions 1, 2; 152.11, subdivision 2; 152.22, by adding subdivisions; 152.29, subdivision 4, by adding a
subdivision; 152.30; 152.32; 152.33, subdivision 1; 169A.03, by adding subdivisions; 169A.20, subdivision 1; 169A.31, subdivision 1; 169A.51, subdivisions 1, 4; 169A.72; 175.45, subdivision 1; 181.938, subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a subdivision; 181.951, subdivisions 4, 5, 6, by adding subdivisions; 181.952, by adding a subdivision; 181.953; 181.954; 181.955; 181.957, subdivision 1; 244.05, subdivision 2; 245C.08, subdivision 1; 256.01, subdivision 18c; 256B.0625, subdivision 13d; 256D.024, subdivisions 1, 3; 256J.26, subdivisions 1, 3; 270B.12, by adding a subdivision; 273.13, subdivision 24; 275.025, subdivision 2; 290.0132, subdivision 29; 290.0134, subdivision 19; 297A.61, subdivision 3; 297A.67, subdivisions 2, 7; 297A.70, subdivisions 2, 4, 18; 297A.85; 297D.01; 297D.04; 297D.06; 297D.07; 297D.08; 297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11; 340A.412, subdivision 14; 484.014, subdivision 3; 504B.171, subdivision 1; 609.2112, subdivision 1; 609.2113, subdivisions 1, 2, 3; 609.2114, subdivisions 1, 2; 609.5311, subdivision 1; 609.5314, subdivision 1; 609.5316, subdivision 2; 609A.01; 609A.03, subdivisions 5, 9; 609B.425, subdivision 2; 609B.435, subdivision 2; 624.712, by adding subdivisions; 624.713, subdivision 1; 624.714, subdivision 6; 624.7142, subdivision 1; 624.7151; proposing coding for new law in Minnesota Statutes, chapters 3; 116J; 116L; 120B; 144; 152; 169A; 270C; 289A; 295; 340A; 504B; 609A; 624; proposing coding for new law as Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2022, sections 151.72; 152.027, subdivisions 3, 4; 152.21; 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 3, 4, 5; 152.37.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Thomas S. Bottern, Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 1830, A bill for an act relating to state government; appropriating money for the legislature, certain constitutional offices, and certain boards, offices, agencies, councils, departments, commissions, societies, centers, Minnesota State Retirement System, retirement plans, retirement associations, retirement fund; making appropriation reductions and cancellations; making deficiency appropriations; providing for revenue recovery; providing a statutory appropriation of funds to the legislature for sums sufficient to operate the house of representatives, senate, and Legislative Coordinating Commission; changing provisions for the legislative audit commission; making budget provisions; requiring Compensation Council to prescribe salaries for constitutional officers; requiring accountability and performance management measures; establishing the Office of Enterprise Translation; providing for grant administration and grant agreements; making county and local cybersecurity grants; changing human burial provisions; establishing the public land survey system monument grant program, the legislative task force on aging, the State Emblems Redesign Commission, and the infrastructure resilience advisory task force; requiring mixed-use Ford Building Site Redevelopment; providing for the Capitol Mall Design Framework; requiring the legislature to certify appropriation amounts for fiscal years 2026 and 2027; requiring a study of issues facing small agencies; requiring financial review of nonprofit grant recipients; modifying election administration provisions relating to voter registration, absentee voting, and election day voting; establishing early voting; adopting the national popular vote compact; allowing access for census workers; amending requirements related to soliciting near the polling place; modifying campaign finance provisions; modifying campaign finance reporting requirements; requiring disclosure of electioneering communications; prohibiting certain contributions during the legislative session; modifying provisions related to lobbying; establishing the voting operations, technology, and election resources account; providing penalties; making technical and clarifying changes; requiring reports; amending Minnesota Statutes 2022, sections 1.135, subdivisions 2, 4, 6, by adding a subdivision; 1.141,
subdivision 1; 3.099, subdivision 3; 3.97, subdivision 2; 3.972, subdivision 3; 3.978, subdivision 2; 3.979, subdivisions 2, 3, by adding a subdivision; 4.045; 5.30, subdivision 2; 5B.06; 10.44; 10.45; 10A.01, subdivisions 5, 21, 26, 30, by adding subdivisions; 10A.022, subdivision 3; 10A.025, subdivision 4; 10A.03, subdivision 2, by adding a subdivision; 10A.04, subdivisions 3, 4, 6, 9; 10A.05; 10A.06; 10A.071, subdivision 1; 10A.09, subdivision 5, by adding a subdivision; 10A.121, subdivisions 1, 2; 10A.15, subdivision 5, by adding a subdivision; 10A.20, subdivisions 2a, 5, 12; 10A.244; 10A.25, subdivision 3a; 10A.271, subdivision 1; 10A.273, subdivision 1; 10A.275, subdivision 1; 10A.31, subdivision 4; 10A.38; 15A.0815, subdivisions 1, 2; 15A.082, subdivisions 1, 2, 3, 4; 16A.122, subdivision 2; 16A.126, subdivision 1; 16A.1286, subdivision 2; 16A.152, subdivision 4; 16B.97, subdivisions 2, 3, 4; 16B.98, subdivisions 5, 6, 8, by adding subdivisions; 16B.991; 16E.14, subdivision 4; 16E.21, subdivisions 1, 2; 43A.08, subdivision 1; 135A.17, subdivision 2; 138.912, subdivisions 1, 2; 145.951; 200.02, subdivision 7; 201.022, subdivision 1; 201.061, subdivisions 1, 3, by adding a subdivision; 201.071, subdivisions 1, as amended, 8; 201.091, subdivision 4a; 201.12, subdivision 2; 201.121, subdivision 1; 201.13, subdivision 3; 201.1611, subdivision 1, by adding a subdivision; 201.195; 201.225, subdivision 2; 202A.18, subdivision 2a; 203B.001; 203B.01, by adding subdivisions; 203B.03, subdivision 1, by adding a subdivision; 203B.05, subdivision 1; 203B.08, subdivisions 1, 3; 203B.081, subdivisions 1, 3, by adding subdivisions; 203B.085; 203B.11, subdivisions 2, 4; 203B.12, subdivision 7, by adding a subdivision; 203B.121, subdivisions 1, 2, 3, 4; 203B.16, subdivision 2; 204B.06, subdivisions 1, 1b, 4a, by adding a subdivision; 204B.09, subdivisions 1, 3; 204B.13, by adding a subdivision; 204B.14, subdivision 2; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.26; 204B.28, subdivision 2; 204B.32, subdivision 2; 204B.35, by adding a subdivision; 204B.45, subdivisions 1, 2, by adding a subdivision; 204B.46; 204B.49; 204C.04, subdivision 1; 204C.07, subdivision 4; 204C.15, subdivision 1; 204C.19, subdivision 3; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.33, subdivision 3; 204C.35, by adding a subdivision; 204C.39, subdivision 1; 204D.08, subdivisions 5, 6; 204D.09, subdivision 2; 204D.14, subdivision 1; 204D.16; 204D.19, subdivision 2; 204D.22, subdivision 3; 204D.23, subdivision 2; 204D.25, subdivision 1; 205.13, subdivision 5; 205.16, subdivision 2; 205.175, subdivision 3; 205A.09, subdivision 2; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.58, subdivisions 1, 3; 206.61, subdivision 1; 206.80; 206.83; 206.845, subdivision 1, by adding a subdivision; 206.86, by adding a subdivision; 206.90, subdivision 10; 207A.12; 207A.15, subdivision 2; 208.05; 209.021, subdivision 2; 211B.11, subdivision 1; 211B.15, subdivision 8; 211B.20, subdivision 1; 211B.32, subdivision 1; 307.08; 349A.02, subdivision 1; 367.03, subdivision 6; 381.12, subdivision 2; 447.32, subdivision 4; 462A.22, subdivision 10; proposing coding for new law in Minnesota Statutes, chapters 2; 3; 5; 10A; 16A; 16B; 16E; 203B; 208; 211B; 381; repealing Minnesota Statutes 2022, sections 1.135, subdivisions 3, 5; 1.141, subdivisions 3, 4, 6; 4A.01; 4A.04; 4A.06; 4A.07; 4A.11; 15A.0815, subdivisions 3, 4, 5; 124D.23, subdivision 9; 202A.16; 203B.081, subdivision 2; 204D.04, subdivision 1; 204D.13, subdivisions 2, 3; 383C.806; Laws 2014, chapter 287, section 25, as amended; Minnesota Rules, part 4511.0600, subpart 5.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Thomas S. Bottern, Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 1938, A bill for an act relating to financing and operation of state and local government; modifying provisions governing individual income and corporate franchise taxes, federal conformity, property taxes, certain state aid and credit programs, sales and use taxes, minerals taxes, tax increment financing, certain local taxes, provisions related to public finance, and various other taxes and tax-related provisions; modifying income tax
credits; modifying existing and proposing new subtractions; modifying provisions related to the taxation of pass-through entities; providing for certain federal tax conformity; modifying individual income tax rates; modifying provisions related to reporting of corporate income; providing a onetime refundable rebate credit; providing for conformity to certain federal tax provisions; modifying property tax exemptions, classifications, and refunds; modifying local government aid calculations; establishing soil and water conservation district aid; providing for certain sales tax exemptions and providing new definitions; modifying taconite taxes and distributions; converting the renter's property tax refund into a refundable individual income tax credit; modifying provisions related to tax increment financing and allowing certain special local provisions; modifying certain local taxes; establishing tourism improvement special taxing districts; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 3.8855, subdivisions 4, 7; 6.495, subdivision 3; 10A.31, subdivisions 1, 3; 13.46, subdivision 2; 41B.0391, subdivisions 1, 2, 4, 7; 116U.27, subdivisions 1, 4, 7; 118A.04, subdivision 5; 123B.61; 168B.07, subdivision 3; 256J.45, subdivision 2; 256L.15, subdivision 1a; 270A.03, subdivision 2; 270B.12, subdivision 8; 270B.14, subdivision 1; 270C.13, subdivision 1; 270C.19, subdivisions 1, 2; 270C.445, subdivisions 2, 3; 270C.446, subdivision 2; 270C.52, subdivision 2; 272.01, subdivision 2; 272.02, subdivisions 24, 73, 98, by adding a subdivision; 273.11, subdivision 12; 273.124, subdivisions 6, 13, 13a, 13c, 13d, 14; 273.1245, subdivision 1; 273.13, subdivisions 25, 34, 35; 273.1315, subdivision 2; 273.1341; 273.1392; 275.065, subdivisions 3, 3b, 4; 278.01, subdivision 1; 279.03, subdivision 1a; 282.261, subdivision 2; 289A.02, subdivision 7, as amended; 289A.08, subdivisions 7, as amended, 7a, as amended, by adding subdivisions; 289A.18, subdivision 5; 289A.38, subdivision 4; 289A.382, subdivision 2; 289A.50, by adding a subdivision; 289A.56, subdivision 6; 289A.60, subdivisions 12, 13, 28; 290.01, subdivisions 19, as amended, 31, as amended; 290.0132, subdivisions 4, 24, 26, 27, by adding subdivisions; 290.0133, subdivision 6; 290.0134, subdivision 18, by adding a subdivision; 290.06, subdivisions 2c, as amended, 2d, 22, 39; 290.067; 290.0671, as amended; 290.0674; 290.0677, subdivision 1; 290.0682, subdivision 2, by adding a subdivision; 290.0685, subdivision 1, by adding a subdivision; 290.0686; 290.091, subdivision 2, as amended; 290.17, subdivision 4, by adding a subdivision; 290.21, subdivision 9; 290.92, subdivision 20; 290.9705, subdivision 1; 290A.02; 290A.03, subdivisions 3, 6, 8, 12, 13, 15, as amended, by adding a subdivision; 290A.04, subdivisions 1, 2, 2h, 4, 5; 290A.05; 290A.07, subdivision 2a; 290A.08; 290A.09; 290A.091; 290A.13; 290A.19; 290A.25; 290B.03, subdivision 1; 290B.04, subdivisions 3, 4; 290B.05, subdivision 1; 291.005, subdivision 1, as amended; 295.50, subdivision 4; 296A.083, subdivision 3; 297A.61, subdivision 29, by adding subdivisions; 297A.67, subdivisions 2, 7, 9; 297A.68, subdivisions 4, 25; 297A.70, subdivisions 2, 4, 18, 19; 297E.02, subdivision 6; 297E.021, subdivision 4; 297H.13, subdivision 2; 297I.20, subdivision 4; 298.015; 298.018, subdivisions 1, 1a; 298.28, subdivisions 5, 7a, by adding a subdivision; 298.296, subdivision 4; 299C.76, subdivisions 1, 2; 327C.02, subdivision 5; 349.11; 349.12, subdivisions 12b, 12c, by adding a subdivision; 366.095, subdivision 1; 373.01, subdivision 3; 383B.117, subdivision 2; 410.32; 412.301; 462A.05, subdivision 24; 462A.38; 469.033, subdivision 6; 469.053, subdivisions 4, 6; 469.107, subdivision 1; 469.174, subdivision 14, by adding a subdivision; 469.175, subdivision 6; 469.176, subdivisions 3, 4; 469.1761, subdivision 1; 469.1763, subdivisions 2, 3, 4, 6; 469.1771, subdivisions 2, 2a, 3; 474A.02, subdivisions 22b, 23a; 475.54, subdivision 1; 477A.011, subdivision 34, by adding subdivisions; 477A.0124, subdivision 2; 477A.013, subdivisions 8, 9; 477A.03, subdivisions 2a, 2b, by adding a subdivision; 477A.12, subdivisions 1, 3, by adding a subdivision; 477A.30; 477B.01, subdivisions 5, 10, 11, by adding subdivisions; 477B.02, subdivisions 2, 3, 5, 8, 9, 10, by adding a subdivision; 477B.03, subdivisions 2, 3, 4, 5, 7; 477B.04, subdivision 1, by adding a subdivision; 477C.02, subdivision 4; 477C.03, subdivisions 2, 5; 477C.04, by adding a subdivision; 514.972, subdivision 5; Laws 1971, chapter 773, section 1, subdivision 2, as amended; Laws 1980, chapter 511, sections 1, subdivision 2, as amended; 2, as amended; Laws 2006, chapter 259, article 11, section 3, as amended; Laws 2008, chapter 366, article 5, sections 26, as amended; 36, subdivisions 1, 3, as amended; article 7, section 17; article 17, section 6; Laws 2014, chapter 308, article 6, section 12, subdivision 2; Laws 2023, chapter 1, section 15; proposing coding for new law in Minnesota Statutes, chapters 16A; 181; 290; 477A; proposing coding for new law as Minnesota Statutes, chapter
428B; repealing Minnesota Statutes 2022, sections 270A.04, subdivision 5; 290.01, subdivision 19i; 290.0131, subdivision 18; 290.0132, subdivision 33; 290A.03, subdivisions 9, 11; 290A.04, subdivision 2a; 290A.23, subdivision 1; 477A.011, subdivisions 30a, 38, 42, 45; 477A.013, subdivision 13; 477A.16, subdivisions 1, 2, 3; 477B.02, subdivision 4; 477B.03, subdivision 6.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Thomas S. Bottern, Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2369, A bill for an act relating to labor; establishing protections for transportation network company drivers; providing a civil action; providing criminal penalties; amending Minnesota Statutes 2022, section 609.2231, subdivision 11; proposing coding for new law as Minnesota Statutes, chapter 181C.
Thomas S. Bottern, Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1900, A bill for an act relating to natural resources; proposing an amendment to the Minnesota Constitution, article XI, section 14; providing for the renewal of the environment and natural resources trust fund; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116P; proposing coding for new law as Minnesota Statutes, chapter 116X.
Thomas S. Bottern, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Hollins moved that the House concur in the
Senate amendments to H. F. No. 1900 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1900, A bill for an act relating to natural resources; proposing an amendment to the Minnesota Constitution, article XI, section 14; providing for renewal of environment and natural resources trust fund and modifying trust fund provisions; establishing community grant program; establishing the community grant program advisory council; requiring a report; appropriating money; amending Minnesota Statutes 2022, section 116P.03; proposing coding for new law in Minnesota Statutes, chapter 116P; proposing coding for new law as Minnesota Statutes, chapter 116X.
The bill was read for the third time, as amended by the
Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 89 yeas and 41 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Bennett
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Davids
Demuth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Harder
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Huot
Hussein
Igo
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
Mueller
Myers
Nadeau
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Perryman
Petersburg
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Robbins
Sencer-Mura
Skraba
Smith
Stephenson
Tabke
Urdahl
Vang
Wiens
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bliss
Burkel
Daniels
Daudt
Davis
Dotseth
Fogelman
Garofalo
Gillman
Heintzeman
Hudson
Jacob
Johnson
Koznick
McDonald
Mekeland
Murphy
Nash
Nelson, N.
Neu Brindley
Niska
Novotny
O'Driscoll
Olson, B.
O'Neill
Pfarr
Quam
Schomacker
Schultz
Scott
Swedzinski
Torkelson
West
Wiener
Witte
The bill was repassed, as amended by the
Senate, and its title agreed to.
Gillman was excused for the remainder of
today's session.
Long 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.
Wiener was excused for the remainder of
today's session.
MESSAGES FROM THE SENATE,
Continued
The
following message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 402, A bill for an act relating to health; establishing requirements for certain health care entity transactions; changing the expiration date on moratorium conversion transactions; requiring a health system to return charitable assets received from the state to the general fund in certain circumstances; requiring a study on the regulation of certain transactions; requiring a report; appropriating money; amending Minnesota Statutes 2022, section 62U.04, subdivision 11; Laws 2017, First Special Session chapter 6, article 5, section 11, as amended; proposing coding for new law in Minnesota Statutes, chapter 309; proposing coding for new law as Minnesota Statutes, chapter 145D.
Thomas S. Bottern, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Bierman moved that the House concur in the
Senate amendments to H. F. No. 402 and that the bill be repassed
as amended by the Senate. The motion
prevailed.
H. F. No. 402, A bill for an act relating to health; establishing requirements for certain health care entity transactions; reporting data of certain health care transactions; changing the expiration date on moratorium conversion transactions; requiring a health system to return charitable assets received from the state to the general fund in certain circumstances; requiring a study on the regulation of certain transactions; requiring a report; amending Minnesota Statutes 2022, section 62U.04, subdivision 11; Laws 2017, First Special Session chapter 6, article 5, section 11, as amended; proposing coding for new law in Minnesota Statutes, chapter 309; proposing coding for new law as Minnesota Statutes, chapter 145D.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 70 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Davids
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Garofalo
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, N.
Neu Brindley
Niska
Novotny
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
Urdahl
West
Wiens
Witte
Zeleznikar
The bill was repassed, as amended by the
Senate, and its title agreed to.
MOTIONS AND RESOLUTIONS
Anderson, P. H., moved that the name of
Igo be added as an author on H. F. No. 1029. The motion prevailed.
Coulter moved that the name of
Kotyza-Witthuhn be added as an author on H. F. No. 1653. The motion prevailed.
Norris moved that the name of
Kotyza-Witthuhn be added as an author on H. F. No. 2725. The motion prevailed.
ADJOURNMENT
Long moved that when the House adjourns
today it adjourn until 11:00 a.m., Monday, May 22, 2023. The motion prevailed.
Long moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 11:00 a.m., Monday, May 22, 2023.
Patrick
D. Murphy, Chief
Clerk, House of Representatives