1.1.................... moves to amend H.F. No. 1284, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 85.015, is amended by adding a
1.4subdivision to read:
1.5 Subd. 1d. Bicycle use of trails. The commissioner may not prohibit operation of an
1.6electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any trail under
1.7this section for which bicycle use is permitted, unless the commissioner determines that
1.8operation of the electric-assisted bicycle is not consistent with safe use and enjoyment of
1.9the trail.
1.10 Sec. 2. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
1.11 Subd. 2.
Authority of local government. (a) A local government unit that receives
1.12state grants-in-aid for any trail, with the concurrence of the commissioner, and the
1.13landowner or land lessee, may:
1.14(1) designate the trail for use by snowmobiles or for nonmotorized use from
1.15December 1 to April 1 of any year; and
1.16(2) issue any permit required under subdivisions 3 to 5.
1.17(b) A local government unit that receives state grants-in-aid under section
84.794,
1.18subdivision 2
,
84.803, subdivision 2, or
84.927, subdivision 2, for any trail, with the
1.19concurrence of the commissioner, and landowner or land lessee, may:
1.20(1) designate the trail specifically for use at various times of the year by all-terrain or
1.21off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
1.22snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
1.23use at the same time; and
1.24(2) issue any permit required under subdivisions 3 to 5.
1.25(c) A local unit of government that receives state grants-in-aid for any trail, with the
1.26concurrence of the commissioner and landowner or land lessee, may designate certain
2.1trails for joint use by snowmobiles, off-highway motorcycles, all-terrain
vehicles, and
2.2off-road vehicles.
2.3(d) A local unit of government may not prohibit operation of an electric-assisted
2.4bicycle, as defined in section 169.011, subdivision 27, on any trail under this section
2.5designated for bicycle use or nonmotorized use that includes bicycles, unless the local unit
2.6of government determines that operation of the electric-assisted bicycle is not consistent
2.7with safe use and enjoyment of the trail.
2.8 Sec. 3. Minnesota Statutes 2010, section 85.018, subdivision 4, is amended to read:
2.9 Subd. 4.
Nonmotorized use trails. No motorized vehicle shall be operated on a
2.10trail designated for nonmotorized use. This subdivision does not apply to
(1) motorized
2.11wheelchairs or other motorized devices operated by an individual who is physically
2.12disabled
or (2) electric-assisted bicycles, as defined in section 169.011, subdivision 27.
2.13 Sec. 4. Minnesota Statutes 2010, section 160.263, subdivision 2, is amended to read:
2.14 Subd. 2.
Powers of political subdivisions. (a) The governing body of any political
2.15subdivision may by ordinance or resolution:
2.16(1) designate any roadway or shoulder or portion thereof under its jurisdiction as
2.17a bicycle lane or bicycle route;
2.18(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
2.19provided that the designation does not destroy a pedestrian way or pedestrian access;
2.20(3) develop and designate bicycle paths;
2.21(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.
2.22(b) A governing body may not prohibit operation of an electric-assisted bicycle,
2.23as defined in section 169.011, subdivision 27, on any bikeway, roadway, or shoulder,
2.24unless the governing body determines that operation of the electric-assisted bicycle is not
2.25consistent with safe use and enjoyment of the bikeway, roadway, or shoulder.
2.26 Sec. 5.
[160.266] MISSISSIPPI RIVER TRAIL.
2.27 Subdivision 1. Definitions. For the purposes of this section:
2.28(1) "bicycle path" has the meaning given in section 169.011, subdivision 6; and
2.29(2) "bikeway" has the meaning given in section 169.011, subdivision 9.
2.30 Subd. 2. Creation. The commissioner, in cooperation with road and trail authorities
2.31including the commissioner of natural resources, shall identify a bikeway that originates at
2.32Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels
2.33the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
3.1Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk
3.2Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County,
3.3St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County,
3.4Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston
3.5County to Minnesota's boundary with Iowa and there terminates. Where opportunities
3.6exist, the bikeway may be designated on both sides of the Mississippi River.
3.7 Subd. 3. Connections with other bikeways. (a) The commissioner, in cooperation
3.8with road and trail authorities including the commissioner of natural resources, shall:
3.9(1) identify existing bikeways of regional significance that are in reasonable
3.10proximity but not connected to the bikeway established in this section, including but not
3.11limited to the Lake Wobegon Trail in the counties of Stearns and Todd; and
3.12(2) support development of linkages between bikeways identified under clause (1)
3.13and the bikeway established in this section.
3.14(b) The requirements of this subdivision are a secondary priority for use of funds
3.15available under this section following establishment and enhancement of the bikeway
3.16under subdivision 1.
3.17 Subd. 4. Cooperation with other entities. The commissioner may contract and
3.18enter into agreements with federal agencies, other state agencies, and local governments to
3.19establish, develop, maintain, and operate the bikeway and to interpret associated natural
3.20and cultural resources.
3.21 Subd. 5. Funding. Bicycle paths included within the bikeway and not administered
3.22by the commissioner of natural resources are eligible for funding from the environment
3.23and natural resources trust fund under chapter 116P, from the parks and trails grant
3.24program under section 85.535, from the local recreation grants program under section
3.2585.019, subdivision 4b, and from other sources.
3.26 Sec. 6. Minnesota Statutes 2010, section 161.14, subdivision 66, is amended to read:
3.27 Subd. 66.
Veterans Memorial Highway. Legislative Route No. 31, signed as
3.28Trunk Highway
marked 200 as of July 1, 2010, from the border with North Dakota to the
3.29city of Mahnomen, is designated as the "Veterans Memorial Highway." The commissioner
3.30shall adopt a suitable design to mark this highway and erect appropriate signs, subject
3.31to section
161.139.
3.32 Sec. 7. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision
3.33to read:
4.1 Subd. 70. Arianna Celeste Macnamara Memorial Bridge. The pedestrian
4.2bridge over Route No. 7, signed as Trunk Highway 14 on the effective date of this
4.3section, located in the city of Rochester west of Route No. 20, signed as U.S. Highway
4.452 on the effective date of this section, is designated as "Arianna Celeste Macnamara
4.5Memorial Bridge." Subject to section 161.139, the commissioner shall adopt a suitable
4.6marking design to memorialize the bridge and shall erect the appropriate signs as close as
4.7practicable to the bridge.
4.8 Sec. 8. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision
4.9to read:
4.10 Subd. 71. Deputy John W. Liebenstein Memorial Highway. (a) That segment of
4.11Route No. 390, signed as Interstate Highway 35 on the effective date of this section and
4.12located in Rice County, is designated as "Deputy John W. Liebenstein Memorial Highway."
4.13Subject to section 161.139, the commissioner shall adopt a suitable marking design to
4.14mark this highway and shall erect the appropriate signs as provided in paragraph (b).
4.15(b) The commissioner of transportation shall erect suitable signs on signed Interstate
4.16Highway 35 as close as practicable to the following locations:
4.17(1) one southbound sign at the Rice County State-Aid Highway 86 overpass;
4.18(2) one sign on the southbound off-ramp of the interchange with Rice County
4.19State-Aid Highway 1, at the closest reasonable location to the site at which Deputy John
4.20W. Liebenstein was killed in the line of duty;
4.21(3) one sign on the northbound off-ramp of the interchange with Rice County
4.22State-Aid Highway 1; and
4.23(4) one northbound sign near the intersection to the east of Rice County State-Aid
4.24Highways 21 and 45.
4.25 Sec. 9. Minnesota Statutes 2010, section 162.081, subdivision 4, is amended to read:
4.26 Subd. 4.
Formula for distribution to towns; purposes. (a) Money apportioned to a
4.27county from the town road account must be distributed to the treasurer of each town within
4.28the county, according to a distribution formula adopted by the county board. The formula
4.29must take into account each town's levy for road and bridge purposes, its population and
4.30town road mileage, and other factors the county board deems advisable in the interests
4.31of achieving equity among the towns. Distribution of town road funds to each town
4.32treasurer must be made by March 1, annually, or within 30 days after receipt of payment
4.33from the commissioner. Distribution of funds to town treasurers in a county which has
4.34not adopted a distribution formula under this subdivision must be made according to a
5.1formula prescribed by the commissioner by rule.
A formula adopted by a county board or
5.2by the commissioner must provide that a town, in order to be eligible for distribution of
5.3funds from the town road account in a calendar year, must have levied for taxes payable in
5.4the previous year for road and bridge purposes at least 0.04835 percent of taxable market
5.5value. For purposes of this eligibility requirement, taxable market value means taxable
5.6market value for taxes payable two years prior to the aid distribution year.
5.7(b) Money distributed to a town under this subdivision may be expended by the
5.8town only for the construction, reconstruction, and gravel maintenance of town roads
5.9within the town.
5.10 Sec. 10. Minnesota Statutes 2010, section 162.09, is amended by adding a subdivision
5.11to read:
5.12 Subd. 4a. Municipal state-aid transition. (a) Notwithstanding subdivision 4, any
5.13city that has a population of less than 5,000 according to a federal decennial census, and
5.14that has had a population of 5,000 or more as determined by the most recent population
5.15estimate of the Metropolitan Council or state demographer made prior to the census, is
5.16deemed for purposes of this chapter to have a population that is the greater of (1) 5,000, or
5.17(2) as otherwise determined under subdivision 4, paragraph (b), (c), or (d).
5.18(b) This subdivision applies only to the first four consecutive calendar years for
5.19which population is determined for purposes of this chapter on the basis of a federal
5.20decennial census.
5.21 Sec. 11. Minnesota Statutes 2010, section 168.012, subdivision 1, is amended to read:
5.22 Subdivision 1.
Vehicles exempt from tax, fees, or plate display. (a) The following
5.23vehicles are exempt from the provisions of this chapter requiring payment of tax and
5.24registration fees, except as provided in subdivision 1c:
5.25 (1) vehicles owned and used solely in the transaction of official business by the
5.26federal government, the state, or any political subdivision;
5.27 (2) vehicles owned and used exclusively by educational institutions and used solely
5.28in the transportation of pupils to and from those institutions;
5.29 (3) vehicles used solely in driver education programs at nonpublic high schools;
5.30 (4) vehicles owned by nonprofit charities and used exclusively to transport disabled
5.31persons for charitable, religious, or educational purposes;
5.32 (5) vehicles owned by nonprofit charities and used exclusively for disaster response
5.33and related activities;
6.1 (6) vehicles owned by ambulance services licensed under section
144E.10 that
6.2are equipped and specifically intended for emergency response or providing ambulance
6.3services; and
6.4 (7) vehicles owned by a commercial driving school licensed under section
171.34,
6.5or an employee of a commercial driving school licensed under section
171.34, and the
6.6vehicle is used exclusively for driver education and training.
6.7 (b) Provided the general appearance of the vehicle is unmistakable, the following
6.8vehicles are not required to register or display number plates:
6.9(1) vehicles owned by the federal government;
6.10(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by
6.11the state or a political subdivision;
6.12(3) police patrols owned or leased by the state or a political subdivision; and
6.13(4) ambulances owned or leased by the state or a political subdivision.
6.14 (c) Unmarked vehicles used in general police work, liquor investigations, or arson
6.15investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
6.16the Department of Corrections
or by conservation officers of the Division of Enforcement
6.17and Field Service of the Department of Natural Resources, must be registered and must
6.18display appropriate license number plates, furnished by the registrar at cost. Original and
6.19renewal applications for these license plates authorized for use in general police work and
6.20for use by the Department of Corrections
or by conservation officers must be accompanied
6.21by a certification signed by the appropriate chief of police if issued to a police vehicle,
6.22the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
6.23issued to a Department of Corrections vehicle, or the appropriate officer in charge if
6.24issued to a vehicle of any other law enforcement agency. The certification must be on a
6.25form prescribed by the commissioner and state that the vehicle will be used exclusively
6.26for a purpose authorized by this section.
6.27 (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
6.28fraud unit, in conducting seizures or criminal investigations must be registered and must
6.29display passenger vehicle classification license number plates, furnished at cost by the
6.30registrar. Original and renewal applications for these passenger vehicle license plates
6.31must be accompanied by a certification signed by the commissioner of revenue or the
6.32commissioner of labor and industry. The certification must be on a form prescribed by
6.33the commissioner and state that the vehicles will be used exclusively for the purposes
6.34authorized by this section.
6.35 (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
6.36Department of Health must be registered and must display passenger vehicle classification
7.1license number plates. These plates must be furnished at cost by the registrar. Original
7.2and renewal applications for these passenger vehicle license plates must be accompanied
7.3by a certification signed by the commissioner of health. The certification must be on a
7.4form prescribed by the commissioner and state that the vehicles will be used exclusively
7.5for the official duties of the Division of Disease Prevention and Control.
7.6 (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
7.7investigations and reviews must be registered and must display passenger vehicle
7.8classification license number plates. These plates must be furnished at cost by the
7.9registrar. Original and renewal applications for these passenger vehicle license plates must
7.10be accompanied by a certification signed by the board chair. The certification must be on a
7.11form prescribed by the commissioner and state that the vehicles will be used exclusively
7.12for the official duties of the Gambling Control Board.
7.13 (g) Unmarked vehicles used in general investigation, surveillance, supervision,
7.14and monitoring by the staff of the Department of Human Services Office of Special
7.15Investigations and the executive director of the Minnesota sex offender program must
7.16be registered and must display passenger vehicle classification license number plates,
7.17furnished by the registrar at cost. Original and renewal applications for passenger vehicle
7.18license plates must be accompanied by a certification signed by the commissioner of
7.19human services. The certification must be on a form prescribed by the commissioner and
7.20state that the vehicles must be used exclusively for the official duties of the Office of
7.21Special Investigations and the executive director of the Minnesota sex offender program.
7.22(h) Each state hospital and institution for persons who are mentally ill and
7.23developmentally disabled may have one vehicle without the required identification on
7.24the sides of the vehicle. The vehicle must be registered and must display passenger
7.25vehicle classification license number plates. These plates must be furnished at cost by the
7.26registrar. Original and renewal applications for these passenger vehicle license plates must
7.27be accompanied by a certification signed by the hospital administrator. The certification
7.28must be on a form prescribed by the commissioner and state that the vehicles will be used
7.29exclusively for the official duties of the state hospital or institution.
7.30 (i) Each county social service agency may have vehicles used for child and
7.31vulnerable adult protective services without the required identification on the sides of the
7.32vehicle. The vehicles must be registered and must display passenger vehicle classification
7.33license number plates. These plates must be furnished at cost by the registrar. Original
7.34and renewal applications for these passenger vehicle license plates must be accompanied
7.35by a certification signed by the agency administrator. The certification must be on a form
8.1prescribed by the commissioner and state that the vehicles will be used exclusively for the
8.2official duties of the social service agency.
8.3 (j) All other motor vehicles must be registered and display tax-exempt number
8.4plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
8.5vehicles required to display tax-exempt number plates must have the name of the state
8.6department or political subdivision, nonpublic high school operating a driver education
8.7program, licensed commercial driving school, or other qualifying organization or entity,
8.8plainly displayed on both sides of the vehicle. This identification must be in a color
8.9giving contrast with that of the part of the vehicle on which it is placed and must endure
8.10throughout the term of the registration. The identification must not be on a removable
8.11plate or placard and must be kept clean and visible at all times; except that a removable
8.12plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
8.13to a nonpublic high school driver education program.
8.14 Sec. 12. Minnesota Statutes 2010, section 168.013, is amended by adding a subdivision
8.15to read:
8.16 Subd. 22. Anatomical gift donation. As part of procedures for payment of the
8.17tax under this section, the commissioner shall include a method for a vehicle owner to
8.18add to the tax, a $2 donation for the purposes of public information and education on
8.19anatomical gifts under section 171.075.
8.20 Sec. 13. Minnesota Statutes 2010, section 168B.011, subdivision 12, is amended to
8.21read:
8.22 Subd. 12.
Public impound lot. "Public impound lot" means an impound lot owned
8.23by or
contracting with exclusively contracted solely for public use by a unit of government
8.24under section
168B.09.
8.25 Sec. 14. Minnesota Statutes 2010, section 169.011, subdivision 27, is amended to read:
8.26 Subd. 27.
Electric-assisted bicycle. "Electric-assisted bicycle" means a
motor
8.27vehicle bicycle with two or three wheels that:
8.28(1) has a saddle and fully operable pedals for human propulsion;
8.29(2) meets the requirements
:
8.30(i) of federal motor vehicle safety standards
for a motor-driven cycle in Code of
8.31Federal Regulations, title 49, sections
571.1 et seq.
; or
8.32(ii) for bicycles under Code of Federal Regulations, title 16, part 1512, or successor
8.33requirements; and
9.1(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii)
9.2is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is
9.3incapable of further increasing the speed of the device when human power alone is used
9.4to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or
9.5ceases to function when the vehicle's brakes are applied.
9.6 Sec. 15. Minnesota Statutes 2010, section 169.035, subdivision 1, is amended to read:
9.7 Subdivision 1.
Working on highway. (a) The provisions of this chapter shall not
9.8apply to persons, motor vehicles, and other equipment while actually engaged in work
9.9upon the highway, except as provided in paragraphs (b) and (c).
9.10(b) This chapter shall apply to those persons and vehicles when traveling to or
9.11from such work, except that persons operating equipment owned, rented or hired by
9.12road authorities shall be exempt from the width, height and length provisions of sections
9.13169.80
and
169.81 and shall be exempt from the weight limitations of this chapter
while
9.14performing the following actions on behalf of the state or a local governmental unit:
9.15(1) while loading, readying, or moving the vehicles or equipment in preparation for
9.16combating anticipated slippery road conditions or removing snow or ice;
9.17(2) while
actually engaged in snow or ice removal
and or combating slippery road
9.18conditions, including but not limited to pretreatment and anti-icing activities; or
9.19(3) while engaged in flood control operations
on behalf of the state or a local
9.20governmental unit.
9.21(c) Chapter 169A and section
169.444 apply to persons while actually engaged in
9.22work upon the highway.
9.23EFFECTIVE DATE.This section is effective the day following final enactment.
9.24 Sec. 16. Minnesota Statutes 2010, section 169.035, is amended by adding a subdivision
9.25to read:
9.26 Subd. 4. Trains. (a) For purposes of this subdivision, "railroad operator" means
9.27a person who is a locomotive engineer, conductor, member of the crew of a railroad
9.28locomotive or train, or an operator of on-track equipment.
9.29(b) A peace officer may not issue a citation for violation of this chapter or chapter
9.30171 to a railroad operator involving the operation of a railroad locomotive or train, or
9.31on-track equipment while being operated upon rails.
9.32(c) Notwithstanding section 171.08, a railroad operator is not required to display or
9.33furnish a driver's license to a peace officer in connection with the operation of a railroad
9.34locomotive or train, or on-track equipment while being operated upon rails.
10.1 Sec. 17. Minnesota Statutes 2010, section 169.06, subdivision 5, is amended to read:
10.2 Subd. 5.
Traffic-control signal. (a) Whenever traffic is controlled by traffic-control
10.3signals exhibiting different colored lights, or colored lighted arrows, successively one at a
10.4time or in combination, only the colors Green, Red, and Yellow shall be used, except for
10.5special pedestrian signals carrying a word or legend. The traffic-control signal lights or
10.6colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:
10.7 (1) Green indication:
10.8 (i) Vehicular traffic facing a circular green signal may proceed straight through or
10.9turn right or left unless a sign
at such place prohibits either turn. But vehicular traffic,
10.10including vehicles turning right or left, shall yield the right-of-way to other vehicles and to
10.11pedestrians lawfully within the intersection or adjacent crosswalk at the time this signal
10.12is exhibited.
Vehicular traffic turning left or making a U-turn to the left shall yield the
10.13right-of-way to other vehicles approaching from the opposite direction so closely as to
10.14constitute an immediate hazard.
10.15 (ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
10.16another indication, may cautiously enter the intersection only to make the movement
10.17indicated by the arrow, or other movement as permitted by other indications shown at the
10.18same time.
Such Vehicular traffic shall yield the right-of-way to pedestrians lawfully
10.19within an adjacent crosswalk and to other traffic lawfully using the intersection.
10.20 (iii) Unless otherwise directed by a pedestrian-control signal as provided in
10.21subdivision 6, pedestrians facing any green signal, except when the sole green signal is a
10.22turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
10.23Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the
10.24pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the
10.25time that the green signal indication is first shown.
10.26 (2) Steady yellow indication:
10.27 (i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
10.28warned that the related green movement is being terminated or that a red indication will be
10.29exhibited immediately thereafter when vehicular traffic must not enter the intersection,
10.30except for the continued movement allowed by any green arrow indication simultaneously
10.31exhibited.
10.32 (ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
10.33pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
10.34insufficient time to cross the roadway before a red indication is shown and no pedestrian
10.35shall then start to cross the roadway.
10.36 (3) Steady red indication:
11.1 (i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked
11.2stop line but, if none, before entering the crosswalk on the near side of the intersection
11.3or, if none, then before entering the intersection and shall remain standing until a green
11.4indication is shown, except as follows: (A) the driver of a vehicle stopped as close
11.5as practicable at the entrance to the crosswalk on the near side of the intersection or,
11.6if none, then at the entrance to the intersection in obedience to a red or stop signal,
11.7and with the intention of making a right turn may make the right turn, after stopping,
11.8unless an official sign has been erected prohibiting such movement, but shall yield the
11.9right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal
11.10at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another
11.11one-way street on which traffic moves to the left shall stop in obedience to a red or stop
11.12signal and may then make a left turn into the one-way street, unless an official sign has
11.13been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and
11.14other traffic lawfully proceeding as directed by the signal at that intersection.
11.15 (ii) Unless otherwise directed by a pedestrian-control signal as provided in
11.16subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.
11.17 (iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
11.18movement indicated by the arrow, must stop at a clearly marked stop line but, if none,
11.19before entering the crosswalk on the near side of the intersection or, if none, then before
11.20entering the intersection and must remain standing until a permissive signal indication
11.21permitting the movement indicated by the red arrow is displayed, except as follows: when
11.22an official sign has been erected permitting a turn on a red arrow signal, the vehicular
11.23traffic facing a red arrow signal indication is permitted to enter the intersection to turn
11.24right, or to turn left from a one-way street into a one-way street on which traffic moves
11.25to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic
11.26lawfully proceeding as directed by the signal at that intersection.
11.27 (b) In the event an official traffic-control signal is erected and maintained at a place
11.28other than an intersection, the provisions of this section are applicable except those which
11.29can have no application. Any stop required must be made at a sign or marking on the
11.30pavement indicating where the stop must be made, but in the absence of any such sign or
11.31marking the stop must be made at the signal.
11.32 (c) When a traffic-control signal indication or indications placed to control a certain
11.33movement or lane are so identified by placing a sign near the indication or indications,
11.34no other traffic-control signal indication or indications within the intersection controls
11.35vehicular traffic for that movement or lane.
12.1 Sec. 18. Minnesota Statutes 2010, section 169.06, subdivision 7, is amended to read:
12.2 Subd. 7.
Flashing signal. When flashing red or yellow signals are used they shall
12.3require obedience by vehicular traffic as follows:
12.4(a) When a circular red lens is illuminated with rapid intermittent flashes, drivers of
12.5vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk
12.6on the near side of the intersection, or if none, then at the point nearest the intersecting
12.7roadway where the driver has a view of approaching traffic on the intersecting roadway
12.8before entering the intersection, and the right to proceed shall be subject to the rules
12.9applicable after making a stop at a stop sign.
12.10(b) When a red arrow lens is illuminated with rapid intermittent flashes drivers of
12.11vehicles with the intention of making a movement indicated by the arrow shall stop at a
12.12clearly marked stop line, but if none, before entering the crosswalk on the near side of
12.13the intersection, or if none, then at the point nearest the intersecting roadway where the
12.14driver has a view of approaching traffic on the intersecting roadway before entering the
12.15intersection, and the right to proceed shall be subject to the rules applicable after making a
12.16stop at a stop sign.
12.17(c) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers
12.18of vehicles may proceed through the intersection or past the signals only with caution.
But
12.19vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to
12.20other vehicles and to pedestrians lawfully within the intersection or adjacent crosswalk at
12.21the time this signal is exhibited. Vehicular traffic turning left or making a U-turn to the left
12.22shall yield the right-of-way to other vehicles approaching from the opposite direction so
12.23closely as to constitute an immediate hazard.
12.24(d) When a yellow arrow indication is illuminated with rapid intermittent flashes,
12.25drivers of vehicles with the intention of making a movement indicated by the arrow may
12.26proceed through the intersection or past the signals only with caution
., but shall yield
12.27the right-of-way to other vehicles and to pedestrians lawfully within the intersection or
12.28adjacent crosswalk at the time this signal is exhibited. Vehicular traffic turning left or
12.29making a U-turn to the left shall yield the right-of-way to other vehicles approaching from
12.30the opposite direction so closely as to constitute an immediate hazard.
12.31 Sec. 19. Minnesota Statutes 2010, section 169.19, subdivision 5, is amended to read:
12.32 Subd. 5.
Signal to turn. A signal of intention to turn right or left shall be given
12.33continuously during not less than the last 100 feet traveled by the vehicle before turning.
12.34A person whose vehicle is exiting a roundabout is exempt from the requirement in this
12.35subdivision.
13.1 Sec. 20. Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read:
13.2 Subd. 5.
Other operation requirements and prohibitions. (a) A person operating
13.3a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb
13.4or edge of the roadway except in one of the following situations:
13.5(1) when overtaking and passing another vehicle proceeding in the same direction;
13.6(2) when preparing for a left turn at an intersection or into a private road or
13.7driveway; or
13.8(3) when reasonably necessary to avoid conditions, including fixed or moving
13.9objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
13.10it unsafe to continue along the right-hand curb or edge.
13.11(b) Persons operating motorized bicycles on a roadway may not ride more than two
13.12abreast and may not impede the normal and reasonable movement of traffic. On a laned
13.13roadway, a person operating a motorized bicycle shall ride within a single lane.
13.14(c) This section does not permit the operation of a motorized bicycle on a bicycle
13.15path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic
, except
13.16that an electric-assisted bicycle may be operated on the path or lane if not otherwise
13.17prohibited under section 85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d);
13.18or 160.263, subdivision 2, paragraph (b), as applicable.
13.19(d) Subject to the provisions of section
160.263, subdivision 3, A person may
13.20operate an electric-assisted bicycle on a
bikeway or bicycle
lane trail. A person may
13.21operate an electric-assisted bicycle on the shoulder of a roadway if the electric-assisted
13.22bicycle is traveling in the same direction as the adjacent vehicular traffic.
13.23 Sec. 21. Minnesota Statutes 2010, section 169.306, is amended to read:
13.24169.306 USE OF SHOULDERS BY BUSES.
13.25(a)
The commissioner of transportation A road authority, as defined in section
13.26160.02, subdivision 25, is authorized to permit
the use by transit buses and Metro Mobility
13.27buses
use of a shoulder, as designated by the
commissioner road authority, of a freeway or
13.28expressway, as defined in section
160.02, in Minnesota.
13.29(b) If
the commissioner a road authority permits the use of a freeway or expressway
13.30shoulder by transit buses, the
commissioner road authority shall permit the use on that
13.31shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor
13.32carrier of passengers, as defined in section
221.012, subdivision 26, while operating in
13.33intrastate commerce or (2) providing regular route transit service, as defined in section
13.34174.22, subdivision 8
, or Metro Mobility services, and operated by or under contract
13.35with the Metropolitan Council, a local transit authority, or a transit authority created by
14.1the legislature. Drivers of these buses must have adequate training in the requirements of
14.2paragraph (c), as determined by the commissioner.
14.3(c) Buses authorized to use the shoulder under this section may be operated on
14.4the shoulder only when main-line traffic speeds are less than 35 miles per hour
, except
14.5as provided for in paragraph (f). Drivers of buses being operated on the shoulder may
14.6not exceed the speed of main-line traffic by more than 15 miles per hour and may never
14.7exceed 35 miles per hour
, except as provided for in paragraph (f). Drivers of buses being
14.8operated on the shoulder must yield to merging, entering, and exiting traffic and must yield
14.9to other vehicles on the shoulder. Buses operated on the shoulder must be registered with
14.10the Department of Transportation.
14.11(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
14.12vehicle of not less than 20 feet in length engaged in providing special transportation
14.13services under section
473.386 that is:
14.14(1) operated by or under contract with a public or private entity receiving financial
14.15assistance to provide transit services from the Metropolitan Council or the commissioner
14.16of transportation; and
14.17(2) authorized by
the commissioner a road authority to use freeway or expressway
14.18shoulders.
14.19(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
14.20(f) The commissioner may authorize different operating conditions and maximum
14.21speeds, not to exceed the posted speed limit, based upon an engineering study and
14.22recommendation by the road authority. The engineering study must be conducted by the
14.23road authority and must conform with the manual and specifications adopted under section
14.24169.06, subdivision 1, and applicable state and federal standards. The road authority shall
14.25consult the public transit operator before recommending operating conditions different
14.26from those authorized by law.
14.27 Sec. 22. Minnesota Statutes 2010, section 169.64, subdivision 2, is amended to read:
14.28 Subd. 2.
Colored light. (a) Unless otherwise authorized by the commissioner of
14.29public safety, no vehicle shall be equipped, nor shall any person drive or move any vehicle
14.30or equipment upon any highway with any lamp or device displaying a red light or any
14.31colored light other than those required or permitted in this chapter.
14.32(b) A vehicle manufactured for use as an emergency vehicle may display and use
14.33colored lights that are not otherwise required or permitted in this chapter, provided that
14.34the vehicle is owned and operated according to section 168.10, is owned and operated
14.35solely as a collector's item and not for general transportation purposes, and is registered
15.1under section 168.10, subdivision 1a, 1b, 1c, 1d, 1g, or 1h. A person may not activate the
15.2colored lights authorized under this paragraph on streets or highways except as part of
15.3a parade or other special event.
15.4EFFECTIVE DATE.This section is effective the day following final enactment.
15.5 Sec. 23. Minnesota Statutes 2010, section 169.685, subdivision 6, is amended to read:
15.6 Subd. 6.
Exceptions. (a) This section does not apply to:
15.7(1) a person transporting a child in an emergency medical vehicle while in the
15.8performance of official duties and when the physical or medical needs of the child make
15.9the use of a child passenger restraint system unreasonable or when a child passenger
15.10restraint system is not available;
15.11(2) a peace officer transporting a child while in the performance of official duties
15.12and when a child passenger restraint system is not available, provided that a seat belt
15.13must be substituted;
15.14(3) a person while operating a motor vehicle for hire, including a taxi, airport
15.15limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle;
and
15.16(4) a person while operating a school bus
; and that has a gross vehicle weight rating
15.17of greater than 10,000 pounds.
15.18(5) a person while operating a type III vehicle described in section
169.011,
15.19subdivision 71, paragraph (h), if the vehicle meets the seating and crash protection
15.20requirements of Federal Motor Vehicle Safety Standard 222, Code of Federal Regulations,
15.21title 49, part 571.
15.22(b) A child passenger restraint system is not required for a child who cannot, in the
15.23judgment of a licensed physician, be safely transported in a child passenger restraint
15.24system because of a medical condition, body size, or physical disability. A motor vehicle
15.25operator claiming exemption for a child under this paragraph must possess a typewritten
15.26statement from the physician stating that the child cannot be safely transported in a child
15.27passenger restraint system. The statement must give the name and birth date of the child,
15.28be dated within the previous six months, and be made on the physician's letterhead or
15.29contain the physician's name, address, and telephone number. A person charged with
15.30violating subdivision 5 may not be convicted if the person produces the physician's
15.31statement in court or in the office of the arresting officer.
15.32(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
15.33restraint device to a customer renting or leasing the motor vehicle who requests the device.
15.34A reasonable rent or fee may be charged for use of the child passenger restraint device.
16.1 Sec. 24. Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
16.2 Subd. 4.
Display and inspection of permit. Every such A permit
shall must be
16.3carried in the vehicle or combination of vehicles to which it refers and
shall must be open
16.4to inspection by any
police peace officer or authorized agent of any authority granting
16.5such the permit
, and. A permit may be carried in electronic format if it is easily read. No
16.6person shall violate any of the terms or conditions of
such a special permit.
16.7 Sec. 25. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
16.8amended to read:
16.9 Subd. 5.
Fees; proceeds deposited; appropriation. The commissioner, with
16.10respect to highways under the commissioner's jurisdiction, may charge a fee for each
16.11permit issued. All
such fees for permits issued by the commissioner of transportation
shall
16.12must be deposited in the state treasury and credited to the trunk highway fund. Except
16.13for those annual permits for which the permit fees are specified elsewhere in this chapter,
16.14the fees
shall be are:
16.15 (a) $15 for each single trip permit.
16.16 (b) $36 for each job permit. A job permit may be issued for like loads carried on
16.17a specific route for a period not to exceed two months. "Like loads" means loads of the
16.18same product, weight, and dimension.
16.19 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
16.20months. Annual permits may be issued for:
16.21 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
16.22or well-being of the public;
16.23 (2) motor vehicles
which that travel on interstate highways and carry loads
16.24authorized under subdivision 1a;
16.25 (3) motor vehicles operating with gross weights authorized under section
169.826,
16.26subdivision 1a
;
16.27 (4) special pulpwood vehicles described in section
169.863;
16.28 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
16.29 (6) noncommercial transportation of a boat by the owner or user of the boat;
16.30 (7) motor vehicles carrying bales of agricultural products authorized under section
16.31169.862
; and
16.32(8) special milk-hauling vehicles authorized under section
169.867.
16.33 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
16.34consecutive months. Annual permits may be issued for:
16.35 (1) mobile cranes;
17.1 (2) construction equipment, machinery, and supplies;
17.2 (3) manufactured homes and manufactured storage buildings;
17.3 (4) implements of husbandry;
17.4 (5) double-deck buses;
17.5 (6) commercial boat hauling and transporting waterfront structures, including, but
17.6not limited to, portable boat docks and boat lifts;
17.7 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
17.8for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
17.9the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
17.10only while operating on twin-trailer routes designated under section
169.81, subdivision 3,
17.11paragraph (c); and
17.12(8) vehicles operating on that portion of marked Trunk Highway 36 described in
17.13section
169.81, subdivision 3, paragraph (e).
17.14 (e) For vehicles
which that have axle weights exceeding the weight limitations of
17.15sections
169.823 to
169.829, an additional cost added to the fees listed above. However,
17.16this paragraph applies to any vehicle described in section
168.013, subdivision 3,
17.17paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
17.18that paragraph, and then the additional cost is for all weight, including the allowance
17.19weight, in excess of the permitted maximum axle weight. The additional cost is equal
17.20to the product of the distance traveled times the sum of the overweight axle group cost
17.21factors shown in the following chart:
17.22
|
|
Overweight Axle Group Cost Factors
|
|
17.23
|
Weight (pounds)
|
|
Cost Per Mile For Each Group Of:
|
17.24
17.25
17.26
17.27
17.28
|
exceeding weight
limitations on axles
|
|
Two
consecutive
axles spaced
within 8 feet
or less
|
|
Three
consecutive
axles spaced
within 9 feet
or less
|
|
Four consecutive
axles spaced within
14 feet or less
|
17.29
|
0-2,000
|
|
.12
|
|
.05
|
|
.04
|
17.30
|
2,001-4,000
|
|
.14
|
|
.06
|
|
.05
|
17.31
|
4,001-6,000
|
|
.18
|
|
.07
|
|
.06
|
17.32
|
6,001-8,000
|
|
.21
|
|
.09
|
|
.07
|
17.33
|
8,001-10,000
|
|
.26
|
|
.10
|
|
.08
|
17.34
|
10,001-12,000
|
|
.30
|
|
.12
|
|
.09
|
17.35
17.36
|
12,001-14,000
|
|
Not
permitted
|
|
.14
|
|
.11
|
17.37
17.38
|
14,001-16,000
|
|
Not
permitted
|
|
.17
|
|
.12
|
17.39
17.40
|
16,001-18,000
|
|
Not
permitted
|
|
.19
|
|
.15
|
18.1
18.2
|
18,001-20,000
|
|
Not
permitted
|
|
Not
permitted
|
|
.16
|
18.3
18.4
|
20,001-22,000
|
|
Not
permitted
|
|
Not
permitted
|
|
.20
|
18.5The amounts added are rounded to the nearest cent for each axle or axle group. The
18.6additional cost does not apply to paragraph (c), clauses (1) and (3).
18.7For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
18.8fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
18.9in addition to the normal permit fee. Miles must be calculated based on the distance
18.10already traveled in the state plus the distance from the point of detection to a transportation
18.11loading site or unloading site within the state or to the point of exit from the state.
18.12 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
18.13or oversize and overweight, mobile cranes; construction equipment, machinery, and
18.14supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
18.15are as follows:
18.16
|
Gross Weight (pounds) of Vehicle
|
Annual Permit Fee
|
18.17
|
90,000
|
or less
|
$200
|
18.18
|
90,001
|
- 100,000
|
$300
|
18.19
|
100,001
|
- 110,000
|
$400
|
18.20
|
110,001
|
- 120,000
|
$500
|
18.21
|
120,001
|
- 130,000
|
$600
|
18.22
|
130,001
|
- 140,000
|
$700
|
18.23
|
140,001
|
- 145,000
|
$800
|
18.24
|
145,001
|
- 155,000
|
$900
|
18.25If the gross weight of the vehicle is more than
145,000 155,000 pounds the permit fee is
18.26determined under paragraph (e).
18.27 (g) For vehicles which exceed the width limitations set forth in section
169.80 by
18.28more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
18.29when the permit is issued while seasonal load restrictions pursuant to section
169.87 are
18.30in effect.
18.31 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
18.32refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
18.33a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section
169.828,
18.34subdivision 2
, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
18.35pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
18.36pounds.
18.37 (i) $300 for a motor vehicle described in section
169.8261. The fee under this
18.38paragraph must be deposited
as follows:
19.1 (1) in fiscal years 2005 through 2010:
19.2 (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
19.3for costs related to administering the permit program and inspecting and posting bridges;
19.4 (ii) all remaining money in each fiscal year must be deposited in a bridge inspection
19.5and signing account in the special revenue fund. Money in the account is appropriated
19.6to the commissioner for:
19.7 (A) inspection of local bridges and identification of local bridges to be posted,
19.8including contracting with a consultant for some or all of these functions; and
19.9 (B) erection of weight-posting signs on local bridges; and
19.10 (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
19.11fund.
19.12 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
19.13under authority of section
169.824, subdivision 2, paragraph (a), clause (2).
19.14 Sec. 26. Minnesota Statutes 2010, section 169.99, subdivision 1b, is amended to read:
19.15 Subd. 1b.
Speed. The uniform traffic ticket must provide a blank or space wherein
19.16an officer who issues a citation for a violation of a speed limit of 55 or 60 miles per
19.17hour must specify whether the speed was greater than ten miles per hour in excess of
a
19.1855 miles per hour speed limit, or more than five miles per hour in excess of a 60 miles
19.19per hour the speed limit.
19.20 Sec. 27. Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to read:
19.21 Subdivision 1.
Revocation periods for DWI convictions. Except as provided in
19.22subdivision 7, the commissioner shall revoke the driver's license of a person convicted
19.23of violating section
169A.20 (driving while impaired) or an ordinance in conformity
19.24with it, as follows:
19.25 (1)
not less than 30 days for an offense under section
169A.20, subdivision 1
19.26(driving while impaired crime)
, not less than 30 days;
19.27 (2)
not less than 90 days for an offense under section
169A.20, subdivision 2 (refusal
19.28to submit to chemical test crime)
, not less than 90 days;
19.29 (3)
not less than one year for
:
19.30(i) an offense occurring within ten years of a qualified prior impaired driving
19.31incident
, or;
19.32(ii) an offense occurring after two qualified prior impaired driving incidents
, not
19.33less than one year,; or
if
20.1(iii) an offense occurring when a person has an alcohol concentration of twice the
20.2legal limit or more as measured at the time, or within two hours of the time, of the offense
20.3and the person has no qualified prior impaired driving incident within ten years;
20.4(4) not less than two years for an offense occurring under clause (3), item (i) or (ii),
20.5and the test results indicate an alcohol concentration of twice the legal limit or more,
20.6not less than two years and until the court has certified that treatment or rehabilitation
20.7has been successfully completed where prescribed in accordance with section
169A.70
20.8(chemical use assessments);
20.9 (4) (5) not less than three years for an offense occurring within ten years of the
20.10first of two qualified prior impaired driving incidents or occurring after three qualified
20.11prior impaired driving incidents
, not less than three years, together and with denial under
20.12section
171.04, subdivision 1, clause (10), until rehabilitation is established according to
20.13standards established by the commissioner;
and
20.14 (5) (6) not less than four years for an offense occurring within ten years of the first of
20.15three qualified prior impaired driving incidents
, not less than four years, together and with
20.16denial under section
171.04, subdivision 1, clause (10), until rehabilitation is established
20.17according to standards established by the commissioner; or
20.18(6) (7) not less than six years for an offense occurring after four or more qualified
20.19prior impaired driving incidents
, not less than six years, together and with denial under
20.20section
171.04, subdivision 1, clause (10), until rehabilitation is established according to
20.21standards established by the commissioner.
20.22EFFECTIVE DATE.This section is effective the day following final enactment.
20.23 Sec. 28. Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read:
20.24 Subd. 6.
Applicability of implied consent revocation. (a) Any person whose
20.25license has been revoked pursuant to section
169A.52 (license revocation for test failure
20.26or refusal) as the result of the same incident, and who does not have a qualified prior
20.27impaired driving incident, is subject to the mandatory revocation provisions of subdivision
20.281, clause (1) or (2), in lieu of the mandatory revocation provisions of section
169A.52.
20.29(b) Paragraph (a) does not apply to:
20.30(1) a person whose license has been revoked under subdivision 2 (driving while
20.31impaired by person under age 21); or
20.32(2) a person whose driver's license has been revoked for, or who is charged with
,
20.33(i) an alcohol concentration of twice the legal limit or more as measured at the time, or
20.34within two hours, of the time of the offense; or (ii) a violation of section
169A.20 (driving
21.1while impaired) with an aggravating factor described in section
169A.03, subdivision
21.23
, clause
(2) or (3).
21.3EFFECTIVE DATE.This section is effective the day following final enactment.
21.4 Sec. 29. Minnesota Statutes 2010, section 171.03, is amended to read:
21.5171.03 PERSONS EXEMPT.
21.6 The following persons are exempt from license hereunder:
21.7 (a) A person in the employ or service of the United States federal government is
21.8exempt while driving or operating a motor vehicle owned by or leased to the United
21.9States federal government.
21.10 (b) A person in the employ or service of the United States federal government is
21.11exempt from the requirement to possess a valid class A, class B, or class C commercial
21.12driver's license while driving or operating for military purposes a commercial motor
21.13vehicle for the United States federal government if the person is:
21.14 (1) on active duty in the U. S. Coast Guard;
21.15 (2) on active duty in a branch of the U. S. armed forces, which includes the Army,
21.16Air Force, Navy, and Marine Corps;
21.17 (3) a member of a reserve component of the U. S. armed forces; or
21.18 (4) on active duty in the Army National Guard or Air National Guard, which
21.19includes (i) a member on full-time National Guard duty, (ii) a member undergoing
21.20part-time National Guard training, and (iii) a National Guard military technician, who is a
21.21civilian required to wear a military uniform.
21.22The exemption provided under this paragraph does not apply to a U. S. armed forces
21.23reserve technician.
21.24 (c) Any person while driving or operating any farm tractor or implement of
21.25husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
21.26vehicle, as defined in section
84.92, subdivision 8, an off-highway motorcycle, as defined
21.27in section
84.787, subdivision 7, and an off-road vehicle, as defined in section
84.797,
21.28subdivision 7
, are not implements of husbandry.
21.29 (d) A nonresident who is at least 15 years of age and who has in immediate
21.30possession a valid driver's license issued to the nonresident in the home state or country
21.31may operate a motor vehicle in this state only as a driver.
21.32 (e) A nonresident who has in immediate possession a valid commercial driver's
21.33license issued by a state or jurisdiction in accordance with the standards of Code of
22.1Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
22.2commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
22.3 (f) Any nonresident who is at least 18 years of age, whose home state or country does
22.4not require the licensing of drivers may operate a motor vehicle as a driver, but only for a
22.5period of not more than 90 days in any calendar year, if the motor vehicle so operated is
22.6duly registered for the current calendar year in the home state or country of the nonresident.
22.7 (g) Any person who becomes a resident of the state of Minnesota and who has in
22.8possession a valid driver's license issued to the person under and pursuant to the laws of
22.9some other state or jurisdiction or by military authorities of the United States may operate
22.10a motor vehicle as a driver, but only for a period of not more than 60 days after becoming
22.11a resident of this state, without being required to have a Minnesota driver's license as
22.12provided in this chapter.
22.13 (h) Any person who becomes a resident of the state of Minnesota and who has in
22.14possession a valid commercial driver's license issued by another state or jurisdiction in
22.15accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
22.16for not more than 30 days after becoming a resident of this state.
22.17 (i) Any person operating a snowmobile, as defined in section
84.81, is exempt.
22.18(j) A railroad operator, as defined in section 169.035, subdivision 4, paragraph (a),
22.19is exempt while operating a railroad locomotive or train, or on-track equipment while
22.20being operated upon rails. This exemption includes operation while crossing a street or
22.21highway, whether public or private.
22.22 Sec. 30. Minnesota Statutes 2011 Supplement, section 171.05, subdivision 2, is
22.23amended to read:
22.24 Subd. 2.
Person less than 18 years of age. (a) Notwithstanding any provision
22.25in subdivision 1 to the contrary, the department may issue an instruction permit to an
22.26applicant who is 15, 16, or 17 years of age and who:
22.27(1) has completed a course of driver education in another state, has a previously
22.28issued valid license from another state, or
is enrolled in either:
22.29(i)
the applicant is enrolled in behind-the-wheel training in a public, private, or
22.30commercial driver education program that utilizes simulation or behind-the-wheel
22.31instruction and that is approved by the commissioner of public safety; and
22.32(ii) the applicant:
22.33(A) has completed the classroom phase of instruction in a public, private, or
22.34commercial driver education program that is approved by the commissioner of public
22.35safety
and that includes classroom and behind-the-wheel training;
or
23.1(ii) an approved behind-the-wheel driver education program
23.2(B) has completed home-school driver training, when the student is receiving
23.3full-time instruction in a home school within the meaning of sections
120A.22 and
23.4120A.24
, the student is working toward a
homeschool home-school diploma, the
23.5student is taking home-classroom driver training with classroom materials approved by
23.6the commissioner of public safety, and the student's parent has certified the student's
23.7homeschool home-school and home-classroom driver training status on the form approved
23.8by the commissioner;
or
23.9(C) has completed an Internet-based theory driver education program that is
23.10approved by the commissioner of public safety;
23.11(2) has completed the classroom phase of instruction in the driver education program;
23.12(3) (2) has passed a test of the applicant's eyesight;
23.13(4) (3) has passed a department-administered test of the applicant's knowledge
23.14of traffic laws;
23.15(5) (4) has completed the required application, which must be approved by (i) either
23.16parent when both reside in the same household as the minor applicant or, if otherwise,
23.17then (ii) the parent or spouse of the parent having custody or, in the event there is no
23.18court order for custody, then (iii) the parent or spouse of the parent with whom the minor
23.19is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the
23.20minor, (v) the foster parent or the director of the transitional living program in which the
23.21child resides or, in the event a person under the age of 18 has no living father, mother,
23.22or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's
23.23adult spouse, adult close family member, or adult employer; provided, that the approval
23.24required by this clause contains a verification of the age of the applicant and the identity of
23.25the parent, guardian, adult spouse, adult close family member, or adult employer; and
23.26(6) (5) has paid the fee required in section
171.06, subdivision 2.
23.27(b) For the purposes of determining compliance with the certification of paragraph
23.28(a), clause (1), item (ii)
(B), the commissioner may request verification of a student's
23.29homeschool home-school status from the superintendent of the school district in which the
23.30student resides and the superintendent shall provide that verification.
23.31(c) The instruction permit is valid for two years from the date of application and
23.32may be renewed upon payment of a fee equal to the fee for issuance of an instruction
23.33permit under section
171.06, subdivision 2.
23.34(d) A provider of an Internet-based theory driver education program approved by
23.35the commissioner shall issue a certificate of completion to each person who successfully
23.36completes the program. The commissioner shall furnish numbered certificate forms to
24.1approved providers who shall pay the commissioner a fee of $2 for each certificate. The
24.2commissioner shall deposit proceeds of the fee in the driver services operating account in
24.3the special revenue fund. The commissioner shall terminate the fee when the department
24.4has fully recovered its costs to implement Internet driver education under this section.
24.5Proceeds from the fee under this paragraph are annually appropriated to the commissioner
24.6from the driver services operating account for administrative costs to implement Internet
24.7driver education.
24.8 Sec. 31. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
24.9 Subd. 4.
Fee; equipment. (a) The agent may charge and retain a filing fee of $5 for
24.10each application. Except as provided in paragraph
(b) (c), the fee shall cover all expenses
24.11involved in receiving, accepting, or forwarding to the department the applications and
24.12fees required under sections
171.02, subdivision 3;
171.06, subdivisions 2 and 2a; and
24.13171.07
, subdivisions 3 and 3a.
24.14(b) The statutory fees and the filing fees imposed under paragraph (a) may be paid
24.15by credit card or debit card. The driver's license agent may collect a convenience fee on
24.16the statutory fees and filing fees not greater than the cost of processing a credit card or
24.17debit card transaction. The convenience fee must be used to pay the cost of processing
24.18credit card and debit card transactions. The commissioner shall adopt rules to administer
24.19this paragraph, using the exempt procedures of section 14.386, except that section 14.386,
24.20paragraph (b), does not apply.
24.21(b) (c) The department shall maintain the photo identification equipment for all
24.22agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
24.23discontinuance of an existing agent, and if a new agent is appointed in an existing office
24.24pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
24.25Rules, part 7404.0400, the department shall provide and maintain photo identification
24.26equipment without additional cost to a newly appointed agent in that office if the office
24.27was provided the equipment by the department before January 1, 2000. All photo
24.28identification equipment must be compatible with standards established by the department.
24.29(c) (d) A filing fee retained by the agent employed by a county board must be paid
24.30into the county treasury and credited to the general revenue fund of the county. An
24.31agent who is not an employee of the county shall retain the filing fee in lieu of county
24.32employment or salary and is considered an independent contractor for pension purposes,
24.33coverage under the Minnesota State Retirement System, or membership in the Public
24.34Employees Retirement Association.
25.1(d) (e) Before the end of the first working day following the final day of the
25.2reporting period established by the department, the agent must forward to the department
25.3all applications and fees collected during the reporting period except as provided in
25.4paragraph
(c) (d).
25.5EFFECTIVE DATE.This section is effective the day following final enactment.
25.6 Sec. 32.
[171.0703] INTERNET-BASED DRIVER EDUCATION.
25.7The commissioner shall include in administrative rules on Internet-based theory
25.8driver education programs a requirement that a program may offer no more than three
25.9hours of instruction per day to a student.
25.10 Sec. 33. Minnesota Statutes 2010, section 171.12, subdivision 6, is amended to read:
25.11 Subd. 6.
Certain convictions not recorded. (a) Except as provided in paragraph
25.12(b), the department shall not keep on the record of a driver any conviction for a violation
25.13of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater
25.14than ten miles per hour in excess of
a 55 miles per hour the speed limit
, or more than five
25.15miles per hour in excess of a 60 miles per hour speed limit.
25.16(b) This subdivision does not apply to (1) a violation that occurs in a commercial
25.17motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
25.18driver's license, without regard to whether the violation was committed in a commercial
25.19motor vehicle or another vehicle.
25.20 Sec. 34. Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read:
25.21 Subdivision 1.
Conditions of issuance. (a) The commissioner may issue a limited
25.22license to the driver under the conditions in paragraph (b) in any case where a person's
25.23license has been:
25.24(1) suspended under section
171.18,
171.173, or
171.186;
25.25(2) revoked, canceled, or denied under section:
25.26(i)
169.792;
25.27(ii)
169.797;
25.28(iii)
169A.52:
25.29(A) subdivision 3, paragraph (a), clause (1) or (2);
25.30(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
25.31171.306
;
25.32(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
25.33alcohol concentration of less than twice the legal limit;
26.1(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
26.2171.306
;
26.3(iv)
171.17; or
26.4(v)
171.172; or
26.5(3) revoked, canceled, or denied under section 169A.54:
26.6(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
26.7of less than twice the legal limit;
26.8(ii) subdivision 1, clause (2);
26.9(iii) subdivision 1, clause
(4), (5),
or (6),
or (7), if in compliance with section
26.10171.306
; or
26.11(iv) subdivision 2, if the person does not have a qualified prior impaired driving
26.12incident as defined in section
169A.03, subdivision 22, on the person's record, and the test
26.13results indicate an alcohol concentration of less than twice the legal limit.
26.14(b) The following conditions for a limited license under paragraph (a) include:
26.15(1) if the driver's livelihood or attendance at a chemical dependency treatment or
26.16counseling program depends upon the use of the driver's license;
26.17(2) if the use of a driver's license by a homemaker is necessary to prevent the
26.18substantial disruption of the education, medical, or nutritional needs of the family of
26.19the homemaker; or
26.20(3) if attendance at a postsecondary institution of education by an enrolled student of
26.21that institution depends upon the use of the driver's license.
26.22(c) The commissioner in issuing a limited license may impose such conditions and
26.23limitations as in the commissioner's judgment are necessary to the interests of the public
26.24safety and welfare including reexamination as to the driver's qualifications. The license
26.25may be limited to the operation of particular vehicles, to particular classes and times of
26.26operation, and to particular conditions of traffic. The commissioner may require that an
26.27applicant for a limited license affirmatively demonstrate that use of public transportation
26.28or carpooling as an alternative to a limited license would be a significant hardship.
26.29(d) For purposes of this subdivision:
26.30(1) "homemaker" refers to the person primarily performing the domestic tasks in a
26.31household of residents consisting of at least the person and the person's dependent child
26.32or other dependents; and
26.33(2) "twice the legal limit" means an alcohol concentration of two times the limit
26.34specified in section
169A.20, subdivision 1, clause (5).
27.1(e) The limited license issued by the commissioner shall clearly indicate the
27.2limitations imposed and the driver operating under the limited license shall have the
27.3license in possession at all times when operating as a driver.
27.4(f) In determining whether to issue a limited license, the commissioner shall consider
27.5the number and the seriousness of prior convictions and the entire driving record of the
27.6driver and shall consider the number of miles driven by the driver annually.
27.7(g) If the person's driver's license or permit to drive has been revoked under
27.8section
169.792 or
169.797, the commissioner may only issue a limited license to the
27.9person after the person has presented an insurance identification card, policy, or written
27.10statement indicating that the driver or owner has insurance coverage satisfactory to
27.11the commissioner of public safety. The commissioner of public safety may require
27.12the insurance identification card provided to satisfy this subdivision be certified by the
27.13insurance company to be noncancelable for a period not to exceed 12 months.
27.14(h) The limited license issued by the commissioner to a person under section
27.15171.186, subdivision 4
, must expire 90 days after the date it is issued. The commissioner
27.16must not issue a limited license to a person who previously has been issued a limited
27.17license under section
171.186, subdivision 4.
27.18(i) The commissioner shall not issue a limited driver's license to any person
27.19described in section
171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
27.20(j) The commissioner shall not issue a class A, class B, or class C limited license.
27.21EFFECTIVE DATE.This section is effective the day following final enactment.
27.22 Sec. 35. Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read:
27.23 Subd. 4.
Issuance of restricted license. (a) The commissioner shall issue a class
27.24D driver's license, subject to the applicable limitations and restrictions of this section,
27.25to a program participant who meets the requirements of this section and the program
27.26guidelines. The commissioner shall not issue a license unless the program participant has
27.27provided satisfactory proof that:
27.28(1) a certified ignition interlock device has been installed on the participant's motor
27.29vehicle at an installation service center designated by the device's manufacturer; and
27.30(2) the participant has insurance coverage on the vehicle equipped with the ignition
27.31interlock device. The commissioner shall require the participant to present an insurance
27.32identification card, policy, or written statement as proof of insurance coverage, and may
27.33require the insurance identification card provided be certified by the insurance company to
27.34be noncancelable for a period not to exceed 12 months.
28.1(b) A license issued under authority of this section must contain a restriction
28.2prohibiting the program participant from driving, operating, or being in physical control of
28.3any motor vehicle not equipped with a functioning ignition interlock device certified by
28.4the commissioner. A participant may drive an employer-owned vehicle not equipped with
28.5an interlock device while in the normal course and scope of employment duties pursuant
28.6to the program guidelines established by the commissioner and with the employer's
28.7written consent.
28.8(c) A program participant whose driver's license has been revoked under section
28.9169A.52, subdivision 3
, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
28.10(a), clause (1), (2), or (3), or section
169A.54, subdivision 1, clause (1), (2),
or (3)
, or (4),
28.11may apply for conditional reinstatement of the driver's license, subject to the ignition
28.12interlock restriction.
28.13(d) A program participant whose driver's license has been revoked, canceled, or
28.14denied under section
169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
28.15subdivision 4, paragraph (a), clause (4), (5), or (6), or section
169A.54, subdivision 1,
28.16clause
(4), (5),
or (6)
, or (7), may apply for a limited license, subject to the ignition
28.17interlock restriction, if the program participant is enrolled in a licensed chemical
28.18dependency treatment or rehabilitation program as recommended in a chemical use
28.19assessment, and if the participant meets the other applicable requirements of section
28.20171.30
. After completing a licensed chemical dependency treatment or rehabilitation
28.21program and one year of limited license use without violating the ignition interlock
28.22restriction, the conditions of limited license use, or program guidelines, the participant
28.23may apply for conditional reinstatement of the driver's license, subject to the ignition
28.24interlock restriction. If the program participant's ignition interlock device subsequently
28.25registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall
28.26cancel the driver's license, and the program participant may apply for another limited
28.27license according to this paragraph.
28.28(e) Notwithstanding any statute or rule to the contrary, the commissioner has
28.29authority to determine when a program participant is eligible for restoration of full driving
28.30privileges, except that the commissioner shall not reinstate full driving privileges until the
28.31program participant has met all applicable prerequisites for reinstatement under section
28.32169A.55
and until the program participant's device has registered no positive breath
28.33alcohol concentrations of 0.02 or higher during the preceding 90 days.
28.34EFFECTIVE DATE.This section is effective the day following final enactment.
29.1 Sec. 36. Minnesota Statutes 2010, section 174.02, is amended by adding a subdivision
29.2to read:
29.3 Subd. 9. Alternative financing and investment in a pilot transportation
29.4project. (a) The commissioner may select one pilot transportation project on the trunk
29.5highway system to implement the authority granted in this subdivision. In connection
29.6with this pilot project, the commissioner may enter into agreements with governmental
29.7or nongovernmental entities, including private and nonprofit entities, to finance or invest
29.8in the transportation project, including repayment agreements. An agreement under this
29.9subdivision is subject to (1) the availability of state money or other dedicated revenue or
29.10resources; and (2) the approval of the commissioner of management and budget.
29.11(b) The commissioner shall submit to the chairs and ranking minority members of
29.12the house of representatives and senate committees having jurisdiction over transportation
29.13policy and finance, a listing of all agreements executed under this subdivision. The listing
29.14must identify each agreement, the contracting entities, contract amount, duration, and any
29.15repayment requirements. The listing may be submitted electronically, and is subject
29.16to section 3.195, subdivision 1.
29.17(c) The pilot project is subject to transportation planning, programming, and
29.18procurement requirements. Use of this subdivision must not result in the delay of any
29.19project programmed in the statewide transportation improvement program.
29.20(d) This subdivision does not preempt any other statute or provide any new toll
29.21facility authority or design-build contracting authority.
29.22(e) Any repayment agreement under this subdivision must comply with all applicable
29.23debt and other financial policies and requirements.
29.24 Sec. 37. Minnesota Statutes 2010, section 174.56, is amended to read:
29.25174.56 REPORT ON MAJOR HIGHWAY PROJECTS AND TRUNK
29.26HIGHWAY FUND EXPENDITURES.
29.27 Subdivision 1.
Report required. (a) The commissioner of transportation shall
29.28submit a report
on January 15, 2009, and on January by December 15 of each year
29.29thereafter, on
(1) the status of major highway projects
completed during the previous two
29.30years or under construction or planned during the year of the report and for the ensuing 15
29.31years
; and (2) trunk highway fund expenditures.
29.32(b) For purposes of this section, a "major highway project" is a highway project that
29.33has a total cost for all segments that the commissioner estimates at the time of the report to
29.34be at least (1)
$25,000,000 $15,000,000 in the metropolitan highway construction district,
29.35or (2)
$10,000,000 $5,000,000 in any nonmetropolitan highway construction district.
30.1 Subd. 2.
Report contents; major highway projects. For each major highway
30.2project the report must include:
30.3 (1) a description of the project sufficient to specify its scope and location;
30.4 (2) a history of the project, including, but not limited to, previous official actions
30.5by the department or the appropriate area transportation partnership, or both, the date on
30.6which the project was first included in the state transportation improvement plan, the cost
30.7of the project at that time,
the planning estimate for the project, the engineer's estimate, the
30.8award price, the final cost as of six months after substantial completion, including any
30.9supplemental agreements and cost overruns or cost savings, the dates of environmental
30.10approval, the dates of municipal approval, the date of final geometric layout, and the date
30.11of establishment of any construction limits;
30.12 (3) the project's priority listing or rank within its construction district, if any, as
30.13well as the reasons for that listing or rank, the criteria used in prioritization or rank, any
30.14changes in that prioritization or rank since the project was first included in a department
30.15work plan, and the reasons for those changes;
and
30.16 (4) past and potential future reasons for delay in letting or completing the project
,
30.17details of all project cost changes that exceed $500,000, and specific modifications to the
30.18overall program that are made as a result of delays and project cost changes;
30.19(5) two representative trunk highway construction projects, one each from the
30.20department's metropolitan district and from greater Minnesota, and for each project report
30.21the cost of environmental mitigation and compliance; and
30.22(6) the annual budget for products and services for each Department of
30.23Transportation district and office, with comparison to actual spending and including
30.24measures of productivity for the previous fiscal year.
30.25 Subd. 2a. Report contents; trunk highway fund expenditures. The commissioner
30.26shall include in the report information on the total expenditures from the trunk highway
30.27fund during the previous fiscal year, for each Department of Transportation district, in
30.28the following categories: road construction; planning; design and engineering; labor;
30.29compliance with environmental regulations; administration; acquisition of right-of-way,
30.30including costs for attorney fees and other compensation for property owners; litigation
30.31costs, including payment of claims, settlements, and judgments; maintenance; and road
30.32operations.
30.33 Subd. 3.
Department resources. The commissioner shall prepare and submit the
30.34report with existing department staff and resources.
30.35EFFECTIVE DATE.This section is effective August 1, 2012, except that (1) the
30.36changes in subdivision 2, clause (2), apply to projects that are substantially completed
31.1on or after July 1, 2012; and (2) subdivision 2, clause (6), is effective beginning with the
31.2report due by December 15, 2013.
31.3 Sec. 38. Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to
31.4read:
31.5 Subd. 3a.
Waiver for other medical condition. (a) The commissioner may grant
31.6a waiver to a person who is not physically qualified to drive under Code of Federal
31.7Regulations, title 49, section
391.41, paragraph (b)(3) to (b)(13). A waiver granted under
31.8this subdivision applies to intrastate transportation only.
31.9(b) A person who wishes to obtain a waiver under this subdivision must give the
31.10commissioner the following information:
31.11(1) the applicant's name, address, and telephone number;
31.12(2) the name, address, and telephone number of an employer coapplicant, if any;
31.13(3) a description of the applicant's experience in driving the type of vehicle to be
31.14operated under the waiver;
31.15(4) a description of the type of driving to be done under the waiver;
31.16(5) a description of any modifications to the vehicle the applicant intends to drive
31.17under the waiver that are designed to accommodate the applicant's medical condition or
31.18disability;
31.19(6) whether the applicant has been granted another waiver under this subdivision;
31.20(7) a copy of the applicant's current driver's license;
31.21(8) a copy of a medical examiner's certificate showing that the applicant is medically
31.22unqualified to drive unless a waiver is granted;
31.23(9) a statement from the applicant's treating physician that includes:
31.24(i) the extent to which the physician is familiar with the applicant's medical history;
31.25(ii) a description of the applicant's medical condition for which a waiver is necessary;
31.26(iii) assurance that the applicant has the ability and willingness to follow any course
31.27of treatment prescribed by the physician, including the ability to self-monitor or manage
31.28the medical condition; and
31.29(iv) the physician's professional opinion that the applicant's condition will not
31.30adversely affect the applicant's ability to operate a motor vehicle safely; and
31.31(10) any other information considered necessary by the commissioner including
31.32requiring a physical examination or medical report from a physician who specializes
31.33in a particular field of medical practice.
32.1(c) In granting a waiver under this subdivision, the commissioner may impose
32.2conditions the commissioner considers necessary to ensure that an applicant is able to
32.3operate a motor vehicle safely and that the safety of the general public is protected.
32.4(d) A person who is granted a waiver under this subdivision must:
32.5(1) at intervals specified in the waiver, give the commissioner periodic reports from
32.6the person's treating physician, or a medical specialist if the commissioner so requires in
32.7the waiver, that contain the information described in paragraph (b), clause (9), together
32.8with a description of any episode that involved the person's loss of consciousness or loss
32.9of ability to operate a motor vehicle safely; and
32.10(2) immediately report the person's involvement in an accident for which a report is
32.11required under section
169.09, subdivision 7.
32.12(e) The commissioner shall deny an application if, during the three years preceding
32.13the application:
32.14(1) the applicant's driver's license has been suspended under section
171.18,
32.15paragraph (a), clauses (1) to (9), (11), and (12), canceled under section
171.14, or revoked
32.16under section
171.17,
171.172, or
171.174;
or
32.17(2) the applicant has been convicted of a violation under section 171.24; or
32.18(2) (3) the applicant has been convicted of a disqualifying offense, as defined in
32.19Code of Federal Regulations, title 49, section
383.51, paragraph (b), which is incorporated
32.20by reference.
32.21(f) The commissioner may deny an application or may immediately revoke a
32.22waiver granted under this subdivision. Notice of the commissioner's reasons for denying
32.23an application or for revoking a waiver must be in writing and must be mailed to
32.24the applicant's or waiver holder's last known address by certified mail, return receipt
32.25requested. A person whose application is denied or whose waiver is revoked is entitled to
32.26a hearing under chapter 14.
32.27(g) A waiver granted under this subdivision expires on the date of expiration shown
32.28on the medical examiner's certificate described in paragraph (b), clause (8).
32.29 Sec. 39. Minnesota Statutes 2010, section 222.50, subdivision 4, is amended to read:
32.30 Subd. 4.
Contract. The commissioner may negotiate and enter into contracts for the
32.31purpose of rail service improvement and may incorporate funds available from the federal
32.32rail service continuation program government. The participants in these contracts shall be
32.33railroads, rail users
, and the department, and may be political subdivisions of the state and
32.34the federal government. In such contracts, participation by all parties shall be voluntary.
33.1The commissioner may provide a portion of the money required to carry out the terms of
33.2any such contract by expenditure from the rail service improvement account.
33.3 Sec. 40. Minnesota Statutes 2010, section 222.51, is amended to read:
33.4222.51 PARTICIPATION BY POLITICAL SUBDIVISION.
33.5The governing body of any political subdivision of the state may
, with the approval
33.6of the commissioner
, appropriate money for rail service improvement and may participate
33.7in the state rail service improvement program and
the federal rail
service continuation
33.8program programs.
33.9 Sec. 41. Minnesota Statutes 2010, section 222.53, is amended to read:
33.10222.53 ACCEPTANCE OF FEDERAL MONEY.
33.11The commissioner may exercise those powers necessary for the state to qualify
33.12for, accept, and disburse any federal money
that may be made available pursuant to the
33.13provisions of the federal rail service continuation program, including the power to:
33.14(1) establish an adequate plan for rail service in the state as part of an overall
33.15planning process for all transportation services in the state, including a suitable process for
33.16updating, revising, and amending the plan;
33.17(2) administer and coordinate the plan with other state agencies, and provide for the
33.18equitable distribution of resources;
33.19(3) develop, promote, and support safe, adequate, and efficient rail transportation
33.20services; employ qualified personnel; maintain adequate programs of investigation,
33.21research, promotion, and development, with provisions for public participation; and take
33.22all practical steps to improve transportation safety and reduce transportation-related
33.23energy utilization and pollution;
33.24(4) adopt and maintain adequate procedures for financial control, accounting, and
33.25performance evaluation in order to assure proper use of state and federal money;
33.26(5) do all things otherwise necessary to maximize federal assistance to the state
33.27under the federal rail service continuation program.
33.28 Sec. 42. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:
33.29 Subd. 9.
Rail bank property use; petty misdemeanors. (a) Except for the
33.30actions of road authorities and their agents, employees, and contractors, and of utilities,
33.31in carrying out their duties imposed by permit, law, or contract, and except as otherwise
33.32provided in this section, it is unlawful to
knowingly perform any of the following activities
33.33on rail bank property:
34.1 (1) obstruct any trail;
34.2 (2) deposit snow or ice;
34.3 (3) remove or place any earth,
vegetation, gravel, or rock without authorization;
34.4 (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
34.5materials;
34.6 (5) erect a fence, or place or maintain any advertising, sign, or memorial
, except
34.7upon authorization by the commissioner of transportation;
34.8 (6) remove, injure, displace, or destroy right-of-way markers or reference or witness
34.9monuments or markers placed to preserve section or quarter-section corners defining
34.10rail bank property limits;
34.11 (7) drive upon any portion of rail bank property, except at approved crossings, and
34.12except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
34.13other vehicles authorized to use rail bank property;
34.14 (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
34.15paving, guardrail, drain, or any other rail bank appurtenance;
or
34.16 (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
34.17on, across, or over the limits of rail bank property
.;
34.18(10) plow, disc, or perform any other detrimental operation; or
34.19(11) place or maintain any building or structure.
34.20 (b) Unless a greater penalty is provided elsewhere in statute, any violation of this
34.21subdivision is a
petty misdemeanor.
34.22 (c) The cost to remove, repair, or perform any other corrective action necessitated by
34.23a violation of this subdivision may be charged to the violator.
34.24 Sec. 43.
PAYNESVILLE AIRPORT.
34.25(a) Notwithstanding any law, rule, or agreement to the contrary, the commissioner of
34.26transportation may enter into an agreement with the city of Paynesville to allow funds
34.27granted by the state to the city for land acquisition purposes for the marked Trunk
34.28Highway 23 bypass project to instead be used by June 30, 2015, as the state's share of
34.29funds for airport improvements and other aeronautical purposes at the city's airport.
34.30(b) Funds not spent pursuant to paragraph (a) by June 30, 2015, must be paid to the
34.31commissioner of transportation and deposited in the state airports fund.
34.32 Sec. 44.
VARIANCE; SEAPLANE BASE.
34.33The commissioner of transportation shall grant a variance for Elbow Lake
34.34Municipal-Pride of the Prairie Airport, airport code Y63, to be licensed as a public
35.1seaplane base on Flekkefjord Lake. The commissioner may establish conditions or
35.2limitations as may be necessary, except that the variance must be provided notwithstanding
35.3the requirements of any rule to the contrary.
35.4EFFECTIVE DATE.This section is effective the day following final enactment.
35.5 Sec. 45.
ADDITIONS TO REPORTS ON MAJOR HIGHWAY PROJECTS AND
35.6TRUNK HIGHWAY FUND EXPENDITURES.
35.7For 2013 and 2014 reports required under Minnesota Statutes, section 174.56, the
35.8commissioner of transportation shall include the results of evaluations of management
35.9systems currently used by the Department of Transportation. The evaluations must specify
35.10the extent to which the management of data in these systems is consistent with existing
35.11policies and the need for statewide, reliable, and verifiable information. The evaluations
35.12must be performed either by the department's office of internal audit or by an independent
35.13external auditor. The 2013 report must include the evaluation of construction management
35.14systems and the program and project management system. The 2014 report must include
35.15the evaluation of pavement management systems and bridge management systems.
35.16 Sec. 46.
REPEALER.
35.17(a) Minnesota Statutes 2010, section 161.08, subdivision 2, is repealed.
35.18(b) Minnesota Statutes 2010, section 168.012, subdivision 1b, is repealed.
35.19(c) Minnesota Statutes 2010, section 169A.54, subdivision 5, is repealed.
35.20(d) Minnesota Statutes 2010, section 222.48, subdivision 3a, is repealed.
35.21 Sec. 47.
EFFECTIVE DATE.
35.22Unless otherwise specified, this act is effective August 1, 2012."
35.23Delete the title and insert:
35.25relating to transportation; modifying provisions governing transportation and
35.26public safety policies, including bicycles and bikeways, highways and bridges,
35.27motor vehicles, motor vehicle markings and equipment, traffic regulations,
35.28driver education, driver licensing, driver's license exemptions, DWI violations,
35.29alternative financing for transportation projects, bus operations, railroads, motor
35.30carriers and commercial drivers, aeronautics and airports, and agency reporting;
35.31appropriating money; providing for rulemaking; removing obsolete language;
35.32making technical and clarifying changes; repealing certain provisions;amending
35.33Minnesota Statutes 2010, sections 85.015, by adding a subdivision; 85.018,
35.34subdivisions 2, 4; 160.263, subdivision 2; 161.14, subdivision 66, by adding
35.35subdivisions; 162.081, subdivision 4; 162.09, by adding a subdivision; 168.012,
35.36subdivision 1; 168.013, by adding a subdivision; 168B.011, subdivision 12;
35.37169.011, subdivision 27; 169.035, subdivision 1, by adding a subdivision;
35.38169.06, subdivisions 5, 7; 169.19, subdivision 5; 169.223, subdivision 5;
36.1169.306; 169.64, subdivision 2; 169.685, subdivision 6; 169.86, subdivision 4;
36.2169.99, subdivision 1b; 169A.54, subdivisions 1, 6; 171.03; 171.061, subdivision
36.34; 171.12, subdivision 6; 171.30, subdivision 1; 171.306, subdivision 4; 174.02,
36.4by adding a subdivision; 174.56; 221.0314, subdivision 3a; 222.50, subdivision
36.54; 222.51; 222.53; 222.63, subdivision 9; Minnesota Statutes 2011 Supplement,
36.6sections 169.86, subdivision 5; 171.05, subdivision 2; proposing coding for new
36.7law in Minnesota Statutes, chapters 160; 171; repealing Minnesota Statutes 2010,
36.8sections 161.08, subdivision 2; 168.012, subdivision 1b; 169A.54, subdivision 5;
36.9222.48, subdivision 3a."