Bill Text: MN HF1310 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Transportation policy governing provisions provided, including traffic regulations, bikeways, motor vehicle requirements, vehicle registration and license plates, driver's license fee payments, alternative financing for transportation projects, motor carriers and commercial drivers, and rail programs; misdemeanor penalty imposed; fees established; provisions repealed; and technical changes made.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-03 - Committee report, to pass as amended and re-refer to Ways and Means [HF1310 Detail]
Download: Minnesota-2011-HF1310-Engrossed.html
1.2relating to transportation; providing for various provisions governing
1.3transportation policy, including traffic regulations, bikeways, motor vehicle
1.4requirements, vehicle registration and license plates; driver's license fee
1.5payments, alternative financing for transportation projects, motor carriers
1.6and commercial drivers, and rail programs; imposing misdemeanor penalty;
1.7establishing certain fees; repealing certain provisions; making technical changes;
1.8amending Minnesota Statutes 2010, sections 161.14, subdivision 66; 161.3212;
1.9168.002, subdivisions 24, 26, 40, by adding subdivisions; 168.12, subdivisions
1.101, 2b; 168.123, subdivision 1; 169.06, subdivisions 5, 7; 169.306; 169.86,
1.11subdivisions 4, 5; 171.061, subdivision 4; 174.02, by adding a subdivision;
1.12221.0314, subdivision 3a; 222.50, subdivision 4; 222.51; 222.53; 222.63,
1.13subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 160;
1.14repealing Minnesota Statutes 2010, section 222.48, subdivision 3a; Laws 2008,
1.15chapter 350, article 1, section 5, as amended.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. [160.266] MISSISSIPPI RIVER TRAIL.
1.18 Subdivision 1. Definitions. For the purposes of this section:
1.19(1) "bicycle path" has the meaning given in section 169.011, subdivision 6; and
1.20(2) "bikeway" has the meaning given in section 169.011, subdivision 9.
1.21 Subd. 2. Creation. The commissioner, in cooperation with road and trail authorities
1.22including the commissioner of natural resources, shall identify a bikeway that originates at
1.23Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels
1.24the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
1.25Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk
1.26Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County,
1.27St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County,
1.28Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston
2.1County to Minnesota's boundary with Iowa and there terminates. Where opportunities
2.2exist, the bikeway may be designated on both sides of the Mississippi River.
2.3 Subd. 3. Connections with other bikeways. (a) The commissioner, in cooperation
2.4with road and trail authorities including the commissioner of natural resources, shall:
2.5(1) identify existing bikeways of regional significance that are in reasonable
2.6proximity but not connected to the bikeway established in this section, including but not
2.7limited to the Lake Wobegon Trail in the counties of Stearns and Todd; and
2.8(2) support development of linkages between bikeways identified under clause (1)
2.9and the bikeway established in this section.
2.10(b) The requirements of this subdivision are a secondary priority for use of funds
2.11available under this section following establishment and enhancement of the bikeway
2.12under subdivision 1.
2.13 Subd. 4. Cooperation with other entities. The commissioner may contract and
2.14enter into agreements with federal agencies, other state agencies, and local governments to
2.15establish, develop, maintain, and operate the bikeway and to interpret associated natural
2.16and cultural resources.
2.17 Subd. 5. Funding. Bicycle paths included within the bikeway and not administered
2.18by the commissioner of natural resources are eligible for funding from the environment
2.19and natural resources trust fund under chapter 116P, from the parks and trails grant
2.20program under section 85.535, from the local recreation grants program under section
2.2185.019, subdivision 4b, and from other sources.
2.22 Sec. 2. Minnesota Statutes 2010, section 161.14, subdivision 66, is amended to read:
2.23 Subd. 66. Veterans Memorial Highway.Legislative Route No. 31, signed as
2.24Trunk Highway marked 200 as of July 1, 2010, from the border with North Dakota to the
2.25city of Mahnomen, is designated as the "Veterans Memorial Highway." The commissioner
2.26shall adopt a suitable design to mark this highway and erect appropriate signs, subject
2.27to section161.139 .
2.28 Sec. 3. Minnesota Statutes 2010, section 161.3212, is amended to read:
2.29161.3212 WORKING CAPITAL FUND.
2.30The commissioner, to the extent allowed by other law or contract, may grant
2.31available money that has been appropriated for socially or economically disadvantaged
2.32business programs to a guaranty fund administered by a nonprofit organization that makes
2.33or guarantees working capital loans tobusinesses small business concerns owned and
2.34operated by sociallyor and economically disadvantaged persons as defined individuals.
3.1"Small business concern" and "socially and economically disadvantaged individual" have
3.2the meanings given them in Code of Federal Regulations, title 49, section23.5 26.5. The
3.3purpose of loans made or guaranteed by the organization must be to provide short-term
3.4working capital to enable eligible businesses to be awarded contracts for goods and
3.5services or for construction-related services from government agencies.
3.6Money contributed from a constitutionally or statutorily dedicated fund must be used
3.7only for purposes consistent with the purposes of the dedicated fund.
3.8 Sec. 4. Minnesota Statutes 2010, section 168.002, is amended by adding a subdivision
3.9to read:
3.10 Subd. 21a. Noncommercial vehicle. "Noncommercial vehicle" means a one-ton
3.11pickup truck registered under section 168.013, subdivision 1e, with a 15,000 pounds or
3.12less gross vehicle weight rating and for which the owner has made a declaration that the
3.13vehicle will be operated exclusively for personal use. The declaration must be based
3.14on one or more of the following:
3.15(1) a change of vehicle use;
3.16(2) registration of a new vehicle;
3.17(3) transfer of vehicle ownership; or
3.18(4) registration renewal.
3.19 Sec. 5. Minnesota Statutes 2010, section 168.002, is amended by adding a subdivision
3.20to read:
3.21 Subd. 21b. One-ton pickup truck. "One-ton pickup truck" means any truck
3.22resembling a pickup truck with a manufacturer's nominal rated carrying capacity of
3.23one ton. If the manufacturer's nominal rated carrying capacity is not provided or is not
3.24known, then the value specified by the manufacturer as the gross vehicle weight rating as
3.25indicated on the manufacturer's certification label must be 10,001 pounds or more, not
3.26to exceed 15,000 pounds.
3.27 Sec. 6. Minnesota Statutes 2010, section 168.002, subdivision 24, is amended to read:
3.28 Subd. 24. Passenger automobile. (a) "Passenger automobile" means any motor
3.29vehicle designed and used for carrying not more than 15 individuals, including the driver.
3.30 (b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
3.31school buses, or commuter vans as defined in section168.126 . Except as provided in
3.32paragraph (c), clause (1), a vehicle with a gross vehicle weight rating of 9,000 to 13,000
3.33pounds that is a pickup truck or a van is not a passenger automobile.
4.1 (c) "Passenger automobile" includes, but is not limited to:
4.2 (1)a vehicle that is (i) a pickup truck or a van, (ii) not used in furtherance of a
4.3commercial enterprise, and (iii) not subject to state or federal regulation as a commercial
4.4motor vehicle as defined in subdivisions 26 and 40;
4.5 (2) neighborhood electric vehicles, as defined in section169.011 , subdivision 47; and
4.6 (3) medium-speed electric vehicles, as defined in section169.011, subdivision 39 .
4.7EFFECTIVE DATE.This section is effective August 1, 2011.
4.8 Sec. 7. Minnesota Statutes 2010, section 168.002, subdivision 26, is amended to read:
4.9 Subd. 26. Pickup truck. "Pickup truck" means any truck with a manufacturer's
4.10nominal rated carrying capacity of three-fourths ton or less and commonly known as a
4.11pickup truck. If the manufacturer's nominal rated carrying capacity is not provided or
4.12cannot be determined, then the value specified by the manufacturer as the gross vehicle
4.13weight rating as indicated on the manufacturer's certification label must be less than
4.1410,000 pounds.
4.15 Sec. 8. Minnesota Statutes 2010, section 168.002, subdivision 40, is amended to read:
4.16 Subd. 40. Van. "Van" means any vehicle of box-like design with no barrier or
4.17separation between the operator's area and the remainder of the cargo-carrying area, and
4.18with a manufacturer's nominal rated carrying capacity of three-fourths ton or less. If
4.19the manufacturer's nominal rated carrying capacity is not provided or not known, then
4.20the value specified by the manufacturer as the maximum gross weight or gross vehicle
4.21weight rating as indicated on the manufacturer's certification label must be less than
4.2210,000 pounds.
4.23 Sec. 9. Minnesota Statutes 2010, section 168.12, subdivision 1, is amended to read:
4.24 Subdivision 1. Plates; design, visibility, periods of issuance. (a) The commissioner,
4.25upon approval and payment, shall issue to the applicant the plates required by this chapter,
4.26bearing the state name and an assigned vehicle registration number. The number assigned
4.27by the commissioner may be a combination of a letter or sign with figures. The color of the
4.28plates and the color of the abbreviation of the state name and the number assigned must
4.29be in marked contrast. The plates must be lettered, spaced, or distinguished to suitably
4.30indicate the registration of the vehicle according to the rules of the commissioner.
4.31 (b) When a vehicle is registered on the basis of total gross weight, the plates issued
4.32must clearly indicate by letters or other suitable insignia the maximum gross weight
4.33for which the tax has been paid.
5.1(c) Plates issued to a noncommercial vehicle must bear the inscription
5.2"noncommercial" unless the vehicle is displaying a special plate authorized and issued
5.3under this chapter.
5.4(d) A one-ton pickup truck that is used for commercial purposes and is subject to
5.5section 168.185, is eligible to display special plates as authorized and issued under this
5.6chapter.
5.7(c) (e) The plates must be so treated as to be at least 100 times brighter than the
5.8conventional painted number plates. When properly mounted on an unlighted vehicle, the
5.9plates, when viewed from a vehicle equipped with standard headlights, must be visible for
5.10a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
5.11(d) (f) The commissioner shall issue plates for the following periods:
5.12 (1) New plates issued pursuant to section168.012, subdivision 1 , must be issued to a
5.13vehicle for as long as the vehicle is owned by the exempt agency and the plate shall not be
5.14transferable from one vehicle to another but the plate may be transferred with the vehicle
5.15from one tax-exempt agency to another.
5.16 (2) Plates issued for passenger automobiles must be issued for a seven-year period.
5.17All plates issued under this paragraph must be replaced if they are seven years old or older
5.18at the time of registration renewal or will become so during the registration period.
5.19 (3) Plates issued under sections168.053 and
168.27 , subdivisions 16 and 17, must
5.20be for a seven-year period.
5.21 (4) Plates issued under subdivisions 2c and 2d and section168.123 must be issued
5.22for the life of the veteran under section169.79 .
5.23 (5) Plates for any vehicle not specified in clauses (1) to (3) must be issued for the
5.24life of the vehicle.
5.25(e) (g) In a year in which plates are not issued, the commissioner shall issue for each
5.26registration a sticker to designate the year of registration. This sticker must show the year
5.27or years for which the sticker is issued, and is valid only for that period. The plates and
5.28stickers issued for a vehicle may not be transferred to another vehicle during the period
5.29for which the sticker is issued, except when issued for a vehicle registered under section
5.30168.187
.
5.31(f) (h) Despite any other provision of this subdivision, plates issued to a vehicle
5.32used for behind-the-wheel instruction in a driver education course in a public school
5.33may be transferred to another vehicle used for the same purpose without payment of any
5.34additional fee. The public school shall notify the commissioner of each transfer of plates
5.35under this paragraph. The commissioner may prescribe a format for notification.
6.1 Sec. 10. Minnesota Statutes 2010, section 168.12, subdivision 2b, is amended to read:
6.2 Subd. 2b. Firefighters; special plates, rules. (a) The commissioner shall issue
6.3special plates, or a single license plate in the case of a motorcycle plate, to any applicant
6.4who:
6.5 (1) is a member of a fire department receiving state aid under chapter 69, has a
6.6letter from the fire chief, and is an owner of a passenger automobile, a truck with a
6.7manufacturer's nominal rated capacity of one ton and resembling a pickup truck, a one-ton
6.8pickup truck, or a motorcycle;
6.9 (2) pays a fee of $10 and any other fees required by this chapter;
6.10 (3) pays the registration tax required by this chapter for the motor vehicle; and
6.11 (4) complies with this chapter and rules governing the registration of motor vehicles
6.12and licensing of drivers.
6.13 (b) In lieu of the identification required under subdivision 1, the special plates must
6.14bear an emblem of a Maltese Cross together with any numbers or characters prescribed by
6.15the commissioner.
6.16 (c) Special plates issued under this subdivision may only be used during the period
6.17that the owner of the motor vehicle is a member of a fire department as specified in this
6.18subdivision. When the individual to whom the special plates were issued is no longer a
6.19member of a fire department or when the motor vehicle ownership is transferred, the
6.20owner shall remove the special plates from the motor vehicle. If the commissioner
6.21receives written notification that an individual is no longer qualified for these special
6.22plates, the commissioner shall invalidate the plates and notify the individual of this
6.23action. The individual may retain the plate only upon demonstrating compliance with the
6.24qualifications of this subdivision. Upon removal or invalidation of the special plates, or
6.25special motorcycle plate, either the owner or purchaser of the motor vehicle shall obtain
6.26regular plates or a regular motorcycle plate for the proper registration classification for
6.27the motor vehicle.
6.28 (d) A special motorcycle license plate issued under this subdivision must be the
6.29same size as a standard motorcycle license plate.
6.30 (e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger
6.31automobile or truck may be transferred to another passenger automobile or truck owned
6.32or jointly owned by the person to whom the plates were issued. On payment of a fee of
6.33$5, a plate issued under this subdivision for a motorcycle may be transferred to another
6.34motorcycle owned or jointly owned by the person to whom the plate was issued.
7.1 (f) The commissioner may adopt rules under the Administrative Procedure Act,
7.2sections14.001 to
14.69 , to govern the issuance and use of the special plates authorized
7.3in this subdivision.
7.4 Sec. 11. Minnesota Statutes 2010, section 168.123, subdivision 1, is amended to read:
7.5 Subdivision 1. General requirements; fees. (a) On payment of a fee of $10 for
7.6each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
7.7the registration tax required by law, and compliance with other applicable laws relating to
7.8vehicle registration and licensing, as applicable, the commissioner shall issue:
7.9(1) special veteran's plates to an applicant who served in the active military service
7.10in a branch of the armed forces of the United States or of a nation or society allied with the
7.11United States in conducting a foreign war, was discharged under honorable conditions,
7.12and is a registered owner of a passenger automobile, recreational motor vehicle, ortruck
7.13resembling a pickup truck and having a manufacturer's nominal rated capacity of one ton
7.14one-ton pickup truck, but which is not a commercial motor vehicle as defined in section
7.15169.011, subdivision 16
; or
7.16(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
7.17(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant
7.18who is a registered owner of a motorcycle and meets the criteria listed in this paragraph
7.19and in subdivision 2, paragraph (a), (f), (h), (i), or (j). Plates issued under this clause must
7.20be the same size as regular motorcycle plates. Special motorcycle license plates issued
7.21under this clause are not subject to section168.1293 .
7.22(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
7.23only when the plates are issued, and is not payable in a year in which stickers are issued
7.24instead of plates.
7.25(c) The veteran must have a certified copy of the veteran's discharge papers,
7.26indicating character of discharge, at the time of application. If an applicant served in the
7.27active military service in a branch of the armed forces of a nation or society allied with the
7.28United States in conducting a foreign war and is unable to obtain a record of that service
7.29and discharge status, the commissioner of veterans affairs may certify the applicant as
7.30qualified for the veterans' plates provided under this section.
7.31(d) For license plates issued for one-ton trucks described in paragraph (a), clause
7.32(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
7.33paragraph (a). The surcharge must be deposited in the vehicle services operating account
7.34in the special revenue fund.
8.1 Sec. 12. Minnesota Statutes 2010, section 169.06, subdivision 5, is amended to read:
8.2 Subd. 5. Traffic-control signal. (a) Whenever traffic is controlled by traffic-control
8.3signals exhibiting different colored lights, or colored lighted arrows, successively one at a
8.4time or in combination, only the colors Green, Red, and Yellow shall be used, except for
8.5special pedestrian signals carrying a word or legend. The traffic-control signal lights or
8.6colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:
8.7 (1) Green indication:
8.8 (i) Vehicular traffic facing a circular green signal may proceed straight through or
8.9turn right or left unless a signat such place prohibits either turn. But vehicular traffic,
8.10including vehicles turning right or left, shall yield the right-of-way to other vehicles and to
8.11pedestrians lawfully within the intersection or adjacent crosswalk at the time this signal
8.12is exhibited. Vehicular traffic turning left or making a U-turn to the left shall yield the
8.13right-of-way to other vehicles approaching from the opposite direction so closely as to
8.14constitute an immediate hazard.
8.15 (ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
8.16another indication, may cautiously enter the intersection only to make the movement
8.17indicated by the arrow, or other movement as permitted by other indications shown at the
8.18same time.Such Vehicular traffic shall yield the right-of-way to pedestrians lawfully
8.19within an adjacent crosswalk and to other traffic lawfully using the intersection.
8.20 (iii) Unless otherwise directed by a pedestrian-control signal as provided in
8.21subdivision 6, pedestrians facing any green signal, except when the sole green signal is a
8.22turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
8.23Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the
8.24pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the
8.25time that the green signal indication is first shown.
8.26 (2) Steady yellow indication:
8.27 (i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
8.28warned that the related green movement is being terminated or that a red indication will be
8.29exhibited immediately thereafter when vehicular traffic must not enter the intersection,
8.30except for the continued movement allowed by any green arrow indication simultaneously
8.31exhibited.
8.32 (ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
8.33pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
8.34insufficient time to cross the roadway before a red indication is shown and no pedestrian
8.35shall then start to cross the roadway.
8.36 (3) Steady red indication:
9.1 (i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked
9.2stop line but, if none, before entering the crosswalk on the near side of the intersection
9.3or, if none, then before entering the intersection and shall remain standing until a green
9.4indication is shown, except as follows: (A) the driver of a vehicle stopped as close
9.5as practicable at the entrance to the crosswalk on the near side of the intersection or,
9.6if none, then at the entrance to the intersection in obedience to a red or stop signal,
9.7and with the intention of making a right turn may make the right turn, after stopping,
9.8unless an official sign has been erected prohibiting such movement, but shall yield the
9.9right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal
9.10at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another
9.11one-way street on which traffic moves to the left shall stop in obedience to a red or stop
9.12signal and may then make a left turn into the one-way street, unless an official sign has
9.13been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and
9.14other traffic lawfully proceeding as directed by the signal at that intersection.
9.15 (ii) Unless otherwise directed by a pedestrian-control signal as provided in
9.16subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.
9.17 (iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
9.18movement indicated by the arrow, must stop at a clearly marked stop line but, if none,
9.19before entering the crosswalk on the near side of the intersection or, if none, then before
9.20entering the intersection and must remain standing until a permissive signal indication
9.21permitting the movement indicated by the red arrow is displayed, except as follows: when
9.22an official sign has been erected permitting a turn on a red arrow signal, the vehicular
9.23traffic facing a red arrow signal indication is permitted to enter the intersection to turn
9.24right, or to turn left from a one-way street into a one-way street on which traffic moves
9.25to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic
9.26lawfully proceeding as directed by the signal at that intersection.
9.27 (b) In the event an official traffic-control signal is erected and maintained at a place
9.28other than an intersection, the provisions of this section are applicable except those which
9.29can have no application. Any stop required must be made at a sign or marking on the
9.30pavement indicating where the stop must be made, but in the absence of any such sign or
9.31marking the stop must be made at the signal.
9.32 (c) When a traffic-control signal indication or indications placed to control a certain
9.33movement or lane are so identified by placing a sign near the indication or indications,
9.34no other traffic-control signal indication or indications within the intersection controls
9.35vehicular traffic for that movement or lane.
10.1 Sec. 13. Minnesota Statutes 2010, section 169.06, subdivision 7, is amended to read:
10.2 Subd. 7. Flashing signal. When flashing red or yellow signals are used they shall
10.3require obedience by vehicular traffic as follows:
10.4(a) When a circular red lens is illuminated with rapid intermittent flashes, drivers of
10.5vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk
10.6on the near side of the intersection, or if none, then at the point nearest the intersecting
10.7roadway where the driver has a view of approaching traffic on the intersecting roadway
10.8before entering the intersection, and the right to proceed shall be subject to the rules
10.9applicable after making a stop at a stop sign.
10.10(b) When a red arrow lens is illuminated with rapid intermittent flashes drivers of
10.11vehicles with the intention of making a movement indicated by the arrow shall stop at a
10.12clearly marked stop line, but if none, before entering the crosswalk on the near side of
10.13the intersection, or if none, then at the point nearest the intersecting roadway where the
10.14driver has a view of approaching traffic on the intersecting roadway before entering the
10.15intersection, and the right to proceed shall be subject to the rules applicable after making a
10.16stop at a stop sign.
10.17(c) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers
10.18of vehicles may proceed through the intersection or past the signals only with caution. But
10.19vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to
10.20other vehicles and to pedestrians lawfully within the intersection or adjacent crosswalk at
10.21the time this signal is exhibited. Vehicular traffic turning left or making a U-turn to the left
10.22shall yield the right-of-way to other vehicles approaching from the opposite direction so
10.23closely as to constitute an immediate hazard.
10.24(d) When a yellow arrow indication is illuminated with rapid intermittent flashes,
10.25drivers of vehicles with the intention of making a movement indicated by the arrow may
10.26proceed through the intersection or past the signals only with caution., but shall yield
10.27the right-of-way to other vehicles and to pedestrians lawfully within the intersection or
10.28adjacent crosswalk at the time this signal is exhibited. Vehicular traffic turning left or
10.29making a U-turn to the left shall yield the right-of-way to other vehicles approaching from
10.30the opposite direction so closely as to constitute an immediate hazard.
10.31 Sec. 14. Minnesota Statutes 2010, section 169.306, is amended to read:
10.32169.306 USE OF SHOULDERS BY BUSES.
10.33(a)The commissioner of transportation A road authority, as defined in section
10.34160.02, subdivision 25, is authorized to permitthe use by transit buses and Metro Mobility
11.1buses the use of a shoulder, as designated by thecommissioner road authority, of a
11.2freeway or expressway, as defined in section160.02 , in Minnesota.
11.3(b) Ifthe commissioner a road authority permits the use of a freeway or expressway
11.4shoulder by transit buses, thecommissioner road authority shall permit the use on that
11.5shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor
11.6carrier of passengers, as defined in section221.012, subdivision 26 , while operating in
11.7intrastate commerce or (2) providing regular route transit service, as defined in section
11.8174.22, subdivision 8
, or Metro Mobility services, and operated by or under contract
11.9with the Metropolitan Council, a local transit authority, or a transit authority created by
11.10the legislature. Drivers of these buses must have adequate training in the requirements of
11.11paragraph (c), as determined by the commissioner.
11.12(c) Buses authorized to use the shoulder under this section may be operated on
11.13the shoulder only when main-line traffic speeds are less than 35 miles per hour, except
11.14as provided for in paragraph (f). Drivers of buses being operated on the shoulder may
11.15not exceed the speed of main-line traffic by more than 15 miles per hour and may never
11.16exceed 35 miles per hour, except as provided for in paragraph (f). Drivers of buses being
11.17operated on the shoulder must yield to merging, entering, and exiting traffic and must yield
11.18to other vehicles on the shoulder. Buses operated on the shoulder must be registered with
11.19the Department of Transportation.
11.20(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
11.21vehicle of not less than 20 feet in length engaged in providing special transportation
11.22services under section473.386 that is:
11.23(1) operated by or under contract with a public or private entity receiving financial
11.24assistance to provide transit services from the Metropolitan Council or the commissioner
11.25of transportation; and
11.26(2) authorized bythe commissioner a road authority to use freeway or expressway
11.27shoulders.
11.28(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
11.29(f) The commissioner may authorize different operating conditions and maximum
11.30speeds, not to exceed the posted speed limit, based upon an engineering study and
11.31recommendation by the road authority. The engineering study must be conducted by the
11.32road authority and must conform with the manual and specifications adopted under section
11.33169.06, subdivision 1, and applicable state and federal standards. The road authority shall
11.34consult the public transit operator before recommending operating conditions different
11.35from those authorized by law.
12.1 Sec. 15. Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
12.2 Subd. 4. Display and inspection of permit.Every such A permit shall must be
12.3carried in the vehicle or combination of vehicles to which it refers andshall must be open
12.4to inspection by anypolice peace officer or authorized agent of any authority granting
12.5such the permit, and. A permit may be carried in electronic format if it is easily read. No
12.6person shall violate any of the terms or conditions ofsuch a special permit.
12.7 Sec. 16. Minnesota Statutes 2010, section 169.86, subdivision 5, is amended to read:
12.8 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
12.9respect to highways under the commissioner's jurisdiction, may charge a fee for each
12.10permit issued. Allsuch fees for permits issued by the commissioner of transportation shall
12.11must be deposited in the state treasury and credited to the trunk highway fund. Except
12.12for those annual permits for which the permit fees are specified elsewhere in this chapter,
12.13the feesshall be are:
12.14 (a) $15 for each single trip permit.
12.15 (b) $36 for each job permit. A job permit may be issued for like loads carried on
12.16a specific route for a period not to exceed two months. "Like loads" means loads of the
12.17same product, weight, and dimension.
12.18 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
12.19months. Annual permits may be issued for:
12.20 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
12.21or well-being of the public;
12.22 (2) motor vehicleswhich that travel on interstate highways and carry loads
12.23authorized under subdivision 1a;
12.24 (3) motor vehicles operating with gross weights authorized under section169.826,
12.25subdivision 1a ;
12.26 (4) special pulpwood vehicles described in section169.863 ;
12.27 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
12.28 (6) noncommercial transportation of a boat by the owner or user of the boat;
12.29 (7) motor vehicles carrying bales of agricultural products authorized under section
12.30169.862
; and
12.31(8) special milk-hauling vehicles authorized under section169.867 .
12.32 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
12.33consecutive months. Annual permits may be issued for:
12.34 (1) mobile cranes;
12.35 (2) construction equipment, machinery, and supplies;
13.1 (3) manufactured homes and manufactured storage buildings;
13.2 (4) implements of husbandry;
13.3 (5) double-deck buses;
13.4 (6) commercial boat hauling;
13.5 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
13.6for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
13.7the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
13.8only while operating on twin-trailer routes designated under section169.81, subdivision 3 ,
13.9paragraph (c); and
13.10(8) vehicles operating on that portion of marked Trunk Highway 36 described in
13.11section169.81, subdivision 3 , paragraph (e).
13.12 (e) For vehicleswhich that have axle weights exceeding the weight limitations of
13.13sections169.823 to
169.829 , an additional cost added to the fees listed above. However,
13.14this paragraph applies to any vehicle described in section168.013, subdivision 3 ,
13.15paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
13.16that paragraph, and then the additional cost is for all weight, including the allowance
13.17weight, in excess of the permitted maximum axle weight. The additional cost is equal
13.18to the product of the distance traveled times the sum of the overweight axle group cost
13.19factors shown in the following chart:
14.1The amounts added are rounded to the nearest cent for each axle or axle group. The
14.2additional cost does not apply to paragraph (c), clauses (1) and (3).
14.3For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
14.4fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
14.5in addition to the normal permit fee. Miles must be calculated based on the distance
14.6already traveled in the state plus the distance from the point of detection to a transportation
14.7loading site or unloading site within the state or to the point of exit from the state.
14.8 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
14.9or oversize and overweight, mobile cranes; construction equipment, machinery, and
14.10supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
14.11are as follows:
14.21If the gross weight of the vehicle is more than145,000 155,000 pounds the permit fee is
14.22determined under paragraph (e).
14.23 (g) For vehicles which exceed the width limitations set forth in section169.80 by
14.24more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
14.25when the permit is issued while seasonal load restrictions pursuant to section169.87 are
14.26in effect.
14.27 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
14.28refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
14.29a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section169.828,
14.30subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
14.31pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
14.32pounds.
14.33 (i) $300 for a motor vehicle described in section169.8261 . The fee under this
14.34paragraph must be depositedas follows:
14.35(1) in fiscal years 2005 through 2010:
14.36(i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
14.37for costs related to administering the permit program and inspecting and posting bridges;
15.1(ii) all remaining money in each fiscal year must be deposited in a bridge inspection
15.2and signing account in the special revenue fund. Money in the account is appropriated
15.3to the commissioner for:
15.4(A) inspection of local bridges and identification of local bridges to be posted,
15.5including contracting with a consultant for some or all of these functions; and
15.6(B) erection of weight-posting signs on local bridges; and
15.7(2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
15.8fund.
15.9 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
15.10under authority of section169.824, subdivision 2 , paragraph (a), clause (2).
15.11 Sec. 17. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
15.12 Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of $5 for
15.13each application. Except as provided in paragraph(b) (c), the fee shall cover all expenses
15.14involved in receiving, accepting, or forwarding to the department the applications and
15.15fees required under sections171.02, subdivision 3 ;
171.06 , subdivisions 2 and 2a; and
15.16171.07
, subdivisions 3 and 3a.
15.17(b) The statutory fees and the filing fees imposed under paragraph (a) may be paid
15.18by credit card or debit card. The driver's license agent may collect a convenience fee on
15.19the statutory fees and filing fees not greater than the cost of processing a credit card or
15.20debit card transaction. The convenience fee must be used to pay the cost of processing
15.21credit and debit card transactions. The commissioner shall adopt rules to administer this
15.22paragraph, using the exempt procedures of section 14.386, except that section 14.386,
15.23paragraph (b), does not apply.
15.24(b) (c) The department shall maintain the photo identification equipment for all
15.25agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
15.26discontinuance of an existing agent, and if a new agent is appointed in an existing office
15.27pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
15.28Rules, part 7404.0400, the department shall provide and maintain photo identification
15.29equipment without additional cost to a newly appointed agent in that office if the office
15.30was provided the equipment by the department before January 1, 2000. All photo
15.31identification equipment must be compatible with standards established by the department.
15.32(c) (d) A filing fee retained by the agent employed by a county board must be paid
15.33into the county treasury and credited to the general revenue fund of the county. An
15.34agent who is not an employee of the county shall retain the filing fee in lieu of county
15.35employment or salary and is considered an independent contractor for pension purposes,
16.1coverage under the Minnesota State Retirement System, or membership in the Public
16.2Employees Retirement Association.
16.3(d) (e) Before the end of the first working day following the final day of the
16.4reporting period established by the department, the agent must forward to the department
16.5all applications and fees collected during the reporting period except as provided in
16.6paragraph(c) (d).
16.7EFFECTIVE DATE.This section is effective the day following final enactment.
16.8 Sec. 18. Minnesota Statutes 2010, section 174.02, is amended by adding a subdivision
16.9to read:
16.10 Subd. 9. Alternative financing and investment in transportation projects. (a)
16.11The commissioner may enter into agreements with governmental or nongovernmental
16.12entities, including private and nonprofit entities, to finance or invest in transportation
16.13projects, including repayment agreements, subject to (1) the availability of state money
16.14or other dedicated revenue or resources and (2) the approval of the commissioner of
16.15management and budget.
16.16(b) The commissioner shall submit to the chairs and ranking minority members of
16.17the legislative committees having jurisdiction over transportation policy and finance,
16.18a listing of all agreements executed under this subdivision. The listing must identify
16.19each agreement, the contracting entities, contract amount, duration, and any repayment
16.20requirements. The listing may be submitted electronically, and is subject to section 3.195,
16.21subdivision 1.
16.22(c) The commissioner may only use the authority granted under this subdivision
16.23for one pilot project.
16.24 Sec. 19. Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to
16.25read:
16.26 Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant
16.27a waiver to a person who is not physically qualified to drive under Code of Federal
16.28Regulations, title 49, section 391.41, paragraph (b)(3) to (b)(13). A waiver granted under
16.29this subdivision applies to intrastate transportation only.
16.30(b) A person who wishes to obtain a waiver under this subdivision must give the
16.31commissioner the following information:
16.32(1) the applicant's name, address, and telephone number;
16.33(2) the name, address, and telephone number of an employer coapplicant, if any;
17.1(3) a description of the applicant's experience in driving the type of vehicle to be
17.2operated under the waiver;
17.3(4) a description of the type of driving to be done under the waiver;
17.4(5) a description of any modifications to the vehicle the applicant intends to drive
17.5under the waiver that are designed to accommodate the applicant's medical condition or
17.6disability;
17.7(6) whether the applicant has been granted another waiver under this subdivision;
17.8(7) a copy of the applicant's current driver's license;
17.9(8) a copy of a medical examiner's certificate showing that the applicant is medically
17.10unqualified to drive unless a waiver is granted;
17.11(9) a statement from the applicant's treating physician that includes:
17.12(i) the extent to which the physician is familiar with the applicant's medical history;
17.13(ii) a description of the applicant's medical condition for which a waiver is necessary;
17.14(iii) assurance that the applicant has the ability and willingness to follow any course
17.15of treatment prescribed by the physician, including the ability to self-monitor or manage
17.16the medical condition; and
17.17(iv) the physician's professional opinion that the applicant's condition will not
17.18adversely affect the applicant's ability to operate a motor vehicle safely; and
17.19(10) any other information considered necessary by the commissioner including
17.20requiring a physical examination or medical report from a physician who specializes
17.21in a particular field of medical practice.
17.22(c) In granting a waiver under this subdivision, the commissioner may impose
17.23conditions the commissioner considers necessary to ensure that an applicant is able to
17.24operate a motor vehicle safely and that the safety of the general public is protected.
17.25(d) A person who is granted a waiver under this subdivision must:
17.26(1) at intervals specified in the waiver, give the commissioner periodic reports from
17.27the person's treating physician, or a medical specialist if the commissioner so requires in
17.28the waiver, that contain the information described in paragraph (b), clause (9), together
17.29with a description of any episode that involved the person's loss of consciousness or loss
17.30of ability to operate a motor vehicle safely; and
17.31(2) immediately report the person's involvement in an accident for which a report is
17.32required under section169.09, subdivision 7 .
17.33(e) The commissioner shall deny an application if, during the three years preceding
17.34the application:
18.1(1) the applicant's driver's license has been suspended under section171.18 ,
18.2paragraph (a), clauses (1) to (9), (11), and (12), canceled under section171.14 , or revoked
18.3under section171.17 ,
171.172 , or
171.174 ; or
18.4(2) the applicant has been convicted of a violation under section 171.24; or
18.5(2) (3) the applicant has been convicted of a disqualifying offense, as defined in
18.6Code of Federal Regulations, title 49, section 383.51, paragraph (b), which is incorporated
18.7by reference.
18.8(f) The commissioner may deny an application or may immediately revoke a
18.9waiver granted under this subdivision. Notice of the commissioner's reasons for denying
18.10an application or for revoking a waiver must be in writing and must be mailed to
18.11the applicant's or waiver holder's last known address by certified mail, return receipt
18.12requested. A person whose application is denied or whose waiver is revoked is entitled to
18.13a hearing under chapter 14.
18.14(g) A waiver granted under this subdivision expires on the date of expiration shown
18.15on the medical examiner's certificate described in paragraph (b), clause (8).
18.16 Sec. 20. Minnesota Statutes 2010, section 222.50, subdivision 4, is amended to read:
18.17 Subd. 4. Contract. The commissioner may negotiate and enter into contracts for the
18.18purpose of rail service improvement and may incorporate funds available from the federal
18.19rail service continuation program government. The participants in these contracts shall be
18.20railroads, rail users, and the department, and may be political subdivisions of the state and
18.21the federal government. In such contracts, participation by all parties shall be voluntary.
18.22The commissioner may provide a portion of the money required to carry out the terms of
18.23any such contract by expenditure from the rail service improvement account.
18.24 Sec. 21. Minnesota Statutes 2010, section 222.51, is amended to read:
18.25222.51 PARTICIPATION BY POLITICAL SUBDIVISION.
18.26The governing body of any political subdivision of the state may with the approval
18.27of the commissioner appropriate money for rail service improvement and may participate
18.28in the state rail service improvement program andthe federal rail service continuation
18.29program programs.
18.30 Sec. 22. Minnesota Statutes 2010, section 222.53, is amended to read:
18.31222.53 ACCEPTANCE OF FEDERAL MONEY.
19.1The commissioner may exercise those powers necessary for the state to qualify
19.2for, accept, and disburse any federal moneythat may be made available pursuant to the
19.3provisions of the federal rail service continuation program, including the power to:
19.4(1) establish an adequate plan for rail service in the state as part of an overall
19.5planning process for all transportation services in the state, including a suitable process for
19.6updating, revising, and amending the plan;
19.7(2) administer and coordinate the plan with other state agencies, and provide for the
19.8equitable distribution of resources;
19.9(3) develop, promote, and support safe, adequate, and efficient rail transportation
19.10services; employ qualified personnel; maintain adequate programs of investigation,
19.11research, promotion, and development, with provisions for public participation; and take
19.12all practical steps to improve transportation safety and reduce transportation-related
19.13energy utilization and pollution;
19.14(4) adopt and maintain adequate procedures for financial control, accounting, and
19.15performance evaluation in order to assure proper use of state and federal money;
19.16(5) do all things otherwise necessary to maximize federal assistance to the state
19.17under the federal rail service continuation program.
19.18 Sec. 23. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:
19.19 Subd. 9. Rail bank property use;petty misdemeanors. (a) Except for the actions
19.20of road authorities and their agents, employees, and contractors, and of utilities, in carrying
19.21out their duties imposed by permit, law, or contract, and except as otherwise provided in
19.22this section, it is unlawful to perform any of the following activities on rail bank property:
19.23 (1) obstruct any trail;
19.24 (2) deposit snow or ice;
19.25 (3) remove or place any earth, vegetation, gravel, or rock without authorization;
19.26 (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
19.27materials;
19.28 (5) erect a fence, or place or maintain any advertising, sign, or memorial, except
19.29upon authorization by the commissioner of transportation;
19.30 (6) remove, injure, displace, or destroy right-of-way markers or reference or witness
19.31monuments or markers placed to preserve section or quarter-section corners defining
19.32rail bank property limits;
19.33 (7) drive upon any portion of rail bank property, except at approved crossings, and
19.34except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
19.35other vehicles authorized to use rail bank property;
20.1 (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
20.2paving, guardrail, drain, or any other rail bank appurtenance;or
20.3 (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
20.4on, across, or over the limits of rail bank property.;
20.5(10) plow, disc, or perform any other detrimental operation; or
20.6(11) place or maintain any building or structure.
20.7 (b) Unless a greater penalty is provided elsewhere in statute, any violation of this
20.8subdivision is apetty misdemeanor.
20.9 (c) The cost to remove, repair, or perform any other corrective action necessitated by
20.10a violation of this subdivision may be charged to the violator.
20.11 Sec. 24. REPEALER.
20.12(a) Minnesota Statutes 2010, section 222.48, subdivision 3a, is repealed.
20.13(b) Laws 2008, chapter 350, article 1, section 5, the effective date, as amended by
20.14Laws 2010, chapter 351, section 65, is repealed, effective August 1, 2011.
1.3transportation policy, including traffic regulations, bikeways, motor vehicle
1.4requirements, vehicle registration and license plates; driver's license fee
1.5payments, alternative financing for transportation projects, motor carriers
1.6and commercial drivers, and rail programs; imposing misdemeanor penalty;
1.7establishing certain fees; repealing certain provisions; making technical changes;
1.8amending Minnesota Statutes 2010, sections 161.14, subdivision 66; 161.3212;
1.9168.002, subdivisions 24, 26, 40, by adding subdivisions; 168.12, subdivisions
1.101, 2b; 168.123, subdivision 1; 169.06, subdivisions 5, 7; 169.306; 169.86,
1.11subdivisions 4, 5; 171.061, subdivision 4; 174.02, by adding a subdivision;
1.12221.0314, subdivision 3a; 222.50, subdivision 4; 222.51; 222.53; 222.63,
1.13subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 160;
1.14repealing Minnesota Statutes 2010, section 222.48, subdivision 3a; Laws 2008,
1.15chapter 350, article 1, section 5, as amended.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. [160.266] MISSISSIPPI RIVER TRAIL.
1.18 Subdivision 1. Definitions. For the purposes of this section:
1.19(1) "bicycle path" has the meaning given in section 169.011, subdivision 6; and
1.20(2) "bikeway" has the meaning given in section 169.011, subdivision 9.
1.21 Subd. 2. Creation. The commissioner, in cooperation with road and trail authorities
1.22including the commissioner of natural resources, shall identify a bikeway that originates at
1.23Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels
1.24the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
1.25Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk
1.26Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County,
1.27St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County,
1.28Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston
2.1County to Minnesota's boundary with Iowa and there terminates. Where opportunities
2.2exist, the bikeway may be designated on both sides of the Mississippi River.
2.3 Subd. 3. Connections with other bikeways. (a) The commissioner, in cooperation
2.4with road and trail authorities including the commissioner of natural resources, shall:
2.5(1) identify existing bikeways of regional significance that are in reasonable
2.6proximity but not connected to the bikeway established in this section, including but not
2.7limited to the Lake Wobegon Trail in the counties of Stearns and Todd; and
2.8(2) support development of linkages between bikeways identified under clause (1)
2.9and the bikeway established in this section.
2.10(b) The requirements of this subdivision are a secondary priority for use of funds
2.11available under this section following establishment and enhancement of the bikeway
2.12under subdivision 1.
2.13 Subd. 4. Cooperation with other entities. The commissioner may contract and
2.14enter into agreements with federal agencies, other state agencies, and local governments to
2.15establish, develop, maintain, and operate the bikeway and to interpret associated natural
2.16and cultural resources.
2.17 Subd. 5. Funding. Bicycle paths included within the bikeway and not administered
2.18by the commissioner of natural resources are eligible for funding from the environment
2.19and natural resources trust fund under chapter 116P, from the parks and trails grant
2.20program under section 85.535, from the local recreation grants program under section
2.2185.019, subdivision 4b, and from other sources.
2.22 Sec. 2. Minnesota Statutes 2010, section 161.14, subdivision 66, is amended to read:
2.23 Subd. 66. Veterans Memorial Highway.
2.24Trunk Highway marked 200 as of July 1, 2010, from the border with North Dakota to the
2.25city of Mahnomen, is designated as the "Veterans Memorial Highway." The commissioner
2.26shall adopt a suitable design to mark this highway and erect appropriate signs, subject
2.27to section
2.28 Sec. 3. Minnesota Statutes 2010, section 161.3212, is amended to read:
2.29161.3212 WORKING CAPITAL FUND.
2.30The commissioner, to the extent allowed by other law or contract, may grant
2.31available money that has been appropriated for socially or economically disadvantaged
2.32business programs to a guaranty fund administered by a nonprofit organization that makes
2.33or guarantees working capital loans to
2.34operated by socially
3.1"Small business concern" and "socially and economically disadvantaged individual" have
3.2the meanings given them in Code of Federal Regulations, title 49, section
3.3purpose of loans made or guaranteed by the organization must be to provide short-term
3.4working capital to enable eligible businesses to be awarded contracts for goods and
3.5services or for construction-related services from government agencies.
3.6Money contributed from a constitutionally or statutorily dedicated fund must be used
3.7only for purposes consistent with the purposes of the dedicated fund.
3.8 Sec. 4. Minnesota Statutes 2010, section 168.002, is amended by adding a subdivision
3.9to read:
3.10 Subd. 21a. Noncommercial vehicle. "Noncommercial vehicle" means a one-ton
3.11pickup truck registered under section 168.013, subdivision 1e, with a 15,000 pounds or
3.12less gross vehicle weight rating and for which the owner has made a declaration that the
3.13vehicle will be operated exclusively for personal use. The declaration must be based
3.14on one or more of the following:
3.15(1) a change of vehicle use;
3.16(2) registration of a new vehicle;
3.17(3) transfer of vehicle ownership; or
3.18(4) registration renewal.
3.19 Sec. 5. Minnesota Statutes 2010, section 168.002, is amended by adding a subdivision
3.20to read:
3.21 Subd. 21b. One-ton pickup truck. "One-ton pickup truck" means any truck
3.22resembling a pickup truck with a manufacturer's nominal rated carrying capacity of
3.23one ton. If the manufacturer's nominal rated carrying capacity is not provided or is not
3.24known, then the value specified by the manufacturer as the gross vehicle weight rating as
3.25indicated on the manufacturer's certification label must be 10,001 pounds or more, not
3.26to exceed 15,000 pounds.
3.27 Sec. 6. Minnesota Statutes 2010, section 168.002, subdivision 24, is amended to read:
3.28 Subd. 24. Passenger automobile. (a) "Passenger automobile" means any motor
3.29vehicle designed and used for carrying not more than 15 individuals, including the driver.
3.30 (b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
3.31school buses, or commuter vans as defined in section
3.32
3.33
4.1 (c) "Passenger automobile" includes, but is not limited to:
4.2 (1)
4.3
4.4
4.5 (2) neighborhood electric vehicles, as defined in section
4.6 (3) medium-speed electric vehicles, as defined in section
4.7EFFECTIVE DATE.This section is effective August 1, 2011.
4.8 Sec. 7. Minnesota Statutes 2010, section 168.002, subdivision 26, is amended to read:
4.9 Subd. 26. Pickup truck. "Pickup truck" means any truck with a manufacturer's
4.10nominal rated carrying capacity of three-fourths ton or less and commonly known as a
4.11pickup truck. If the manufacturer's nominal rated carrying capacity is not provided or
4.12cannot be determined, then the value specified by the manufacturer as the gross vehicle
4.13weight rating as indicated on the manufacturer's certification label must be less than
4.1410,000 pounds.
4.15 Sec. 8. Minnesota Statutes 2010, section 168.002, subdivision 40, is amended to read:
4.16 Subd. 40. Van. "Van" means any vehicle of box-like design with no barrier or
4.17separation between the operator's area and the remainder of the cargo-carrying area, and
4.18with a manufacturer's nominal rated carrying capacity of three-fourths ton or less. If
4.19the manufacturer's nominal rated carrying capacity is not provided or not known, then
4.20the value specified by the manufacturer as the maximum gross weight or gross vehicle
4.21weight rating as indicated on the manufacturer's certification label must be less than
4.2210,000 pounds.
4.23 Sec. 9. Minnesota Statutes 2010, section 168.12, subdivision 1, is amended to read:
4.24 Subdivision 1. Plates; design, visibility, periods of issuance. (a) The commissioner,
4.25upon approval and payment, shall issue to the applicant the plates required by this chapter,
4.26bearing the state name and an assigned vehicle registration number. The number assigned
4.27by the commissioner may be a combination of a letter or sign with figures. The color of the
4.28plates and the color of the abbreviation of the state name and the number assigned must
4.29be in marked contrast. The plates must be lettered, spaced, or distinguished to suitably
4.30indicate the registration of the vehicle according to the rules of the commissioner.
4.31 (b) When a vehicle is registered on the basis of total gross weight, the plates issued
4.32must clearly indicate by letters or other suitable insignia the maximum gross weight
4.33for which the tax has been paid.
5.1(c) Plates issued to a noncommercial vehicle must bear the inscription
5.2"noncommercial" unless the vehicle is displaying a special plate authorized and issued
5.3under this chapter.
5.4(d) A one-ton pickup truck that is used for commercial purposes and is subject to
5.5section 168.185, is eligible to display special plates as authorized and issued under this
5.6chapter.
5.7
5.8conventional painted number plates. When properly mounted on an unlighted vehicle, the
5.9plates, when viewed from a vehicle equipped with standard headlights, must be visible for
5.10a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
5.11
5.12 (1) New plates issued pursuant to section
5.13vehicle for as long as the vehicle is owned by the exempt agency and the plate shall not be
5.14transferable from one vehicle to another but the plate may be transferred with the vehicle
5.15from one tax-exempt agency to another.
5.16 (2) Plates issued for passenger automobiles must be issued for a seven-year period.
5.17All plates issued under this paragraph must be replaced if they are seven years old or older
5.18at the time of registration renewal or will become so during the registration period.
5.19 (3) Plates issued under sections
5.20be for a seven-year period.
5.21 (4) Plates issued under subdivisions 2c and 2d and section
5.22for the life of the veteran under section
5.23 (5) Plates for any vehicle not specified in clauses (1) to (3) must be issued for the
5.24life of the vehicle.
5.25
5.26registration a sticker to designate the year of registration. This sticker must show the year
5.27or years for which the sticker is issued, and is valid only for that period. The plates and
5.28stickers issued for a vehicle may not be transferred to another vehicle during the period
5.29for which the sticker is issued, except when issued for a vehicle registered under section
5.31
5.32used for behind-the-wheel instruction in a driver education course in a public school
5.33may be transferred to another vehicle used for the same purpose without payment of any
5.34additional fee. The public school shall notify the commissioner of each transfer of plates
5.35under this paragraph. The commissioner may prescribe a format for notification.
6.1 Sec. 10. Minnesota Statutes 2010, section 168.12, subdivision 2b, is amended to read:
6.2 Subd. 2b. Firefighters; special plates, rules. (a) The commissioner shall issue
6.3special plates, or a single license plate in the case of a motorcycle plate, to any applicant
6.4who:
6.5 (1) is a member of a fire department receiving state aid under chapter 69, has a
6.6letter from the fire chief, and is an owner of a passenger automobile
6.7
6.8pickup truck, or a motorcycle;
6.9 (2) pays a fee of $10 and any other fees required by this chapter;
6.10 (3) pays the registration tax required by this chapter for the motor vehicle; and
6.11 (4) complies with this chapter and rules governing the registration of motor vehicles
6.12and licensing of drivers.
6.13 (b) In lieu of the identification required under subdivision 1, the special plates must
6.14bear an emblem of a Maltese Cross together with any numbers or characters prescribed by
6.15the commissioner.
6.16 (c) Special plates issued under this subdivision may only be used during the period
6.17that the owner of the motor vehicle is a member of a fire department as specified in this
6.18subdivision. When the individual to whom the special plates were issued is no longer a
6.19member of a fire department or when the motor vehicle ownership is transferred, the
6.20owner shall remove the special plates from the motor vehicle. If the commissioner
6.21receives written notification that an individual is no longer qualified for these special
6.22plates, the commissioner shall invalidate the plates and notify the individual of this
6.23action. The individual may retain the plate only upon demonstrating compliance with the
6.24qualifications of this subdivision. Upon removal or invalidation of the special plates, or
6.25special motorcycle plate, either the owner or purchaser of the motor vehicle shall obtain
6.26regular plates or a regular motorcycle plate for the proper registration classification for
6.27the motor vehicle.
6.28 (d) A special motorcycle license plate issued under this subdivision must be the
6.29same size as a standard motorcycle license plate.
6.30 (e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger
6.31automobile or truck may be transferred to another passenger automobile or truck owned
6.32or jointly owned by the person to whom the plates were issued. On payment of a fee of
6.33$5, a plate issued under this subdivision for a motorcycle may be transferred to another
6.34motorcycle owned or jointly owned by the person to whom the plate was issued.
7.1 (f) The commissioner may adopt rules under the Administrative Procedure Act,
7.2sections
7.3in this subdivision.
7.4 Sec. 11. Minnesota Statutes 2010, section 168.123, subdivision 1, is amended to read:
7.5 Subdivision 1. General requirements; fees. (a) On payment of a fee of $10 for
7.6each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
7.7the registration tax required by law, and compliance with other applicable laws relating to
7.8vehicle registration and licensing, as applicable, the commissioner shall issue:
7.9(1) special veteran's plates to an applicant who served in the active military service
7.10in a branch of the armed forces of the United States or of a nation or society allied with the
7.11United States in conducting a foreign war, was discharged under honorable conditions,
7.12and is a registered owner of a passenger automobile, recreational motor vehicle, or
7.13
7.14one-ton pickup truck, but which is not a commercial motor vehicle as defined in section
7.16(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
7.17(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant
7.18who is a registered owner of a motorcycle and meets the criteria listed in this paragraph
7.19and in subdivision 2, paragraph (a), (f), (h), (i), or (j). Plates issued under this clause must
7.20be the same size as regular motorcycle plates. Special motorcycle license plates issued
7.21under this clause are not subject to section
7.22(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
7.23only when the plates are issued, and is not payable in a year in which stickers are issued
7.24instead of plates.
7.25(c) The veteran must have a certified copy of the veteran's discharge papers,
7.26indicating character of discharge, at the time of application. If an applicant served in the
7.27active military service in a branch of the armed forces of a nation or society allied with the
7.28United States in conducting a foreign war and is unable to obtain a record of that service
7.29and discharge status, the commissioner of veterans affairs may certify the applicant as
7.30qualified for the veterans' plates provided under this section.
7.31(d) For license plates issued for one-ton trucks described in paragraph (a), clause
7.32(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
7.33paragraph (a). The surcharge must be deposited in the vehicle services operating account
7.34in the special revenue fund.
8.1 Sec. 12. Minnesota Statutes 2010, section 169.06, subdivision 5, is amended to read:
8.2 Subd. 5. Traffic-control signal. (a) Whenever traffic is controlled by traffic-control
8.3signals exhibiting different colored lights, or colored lighted arrows, successively one at a
8.4time or in combination, only the colors Green, Red, and Yellow shall be used, except for
8.5special pedestrian signals carrying a word or legend. The traffic-control signal lights or
8.6colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:
8.7 (1) Green indication:
8.8 (i) Vehicular traffic facing a circular green signal may proceed straight through or
8.9turn right or left unless a sign
8.10including vehicles turning right or left, shall yield the right-of-way to other vehicles and to
8.11pedestrians lawfully within the intersection or adjacent crosswalk at the time this signal
8.12is exhibited. Vehicular traffic turning left or making a U-turn to the left shall yield the
8.13right-of-way to other vehicles approaching from the opposite direction so closely as to
8.14constitute an immediate hazard.
8.15 (ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
8.16another indication, may cautiously enter the intersection only to make the movement
8.17indicated by the arrow, or other movement as permitted by other indications shown at the
8.18same time.
8.19within an adjacent crosswalk and to other traffic lawfully using the intersection.
8.20 (iii) Unless otherwise directed by a pedestrian-control signal as provided in
8.21subdivision 6, pedestrians facing any green signal, except when the sole green signal is a
8.22turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
8.23Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the
8.24pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the
8.25time that the green signal indication is first shown.
8.26 (2) Steady yellow indication:
8.27 (i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
8.28warned that the related green movement is being terminated or that a red indication will be
8.29exhibited immediately thereafter when vehicular traffic must not enter the intersection,
8.30except for the continued movement allowed by any green arrow indication simultaneously
8.31exhibited.
8.32 (ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
8.33pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
8.34insufficient time to cross the roadway before a red indication is shown and no pedestrian
8.35shall then start to cross the roadway.
8.36 (3) Steady red indication:
9.1 (i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked
9.2stop line but, if none, before entering the crosswalk on the near side of the intersection
9.3or, if none, then before entering the intersection and shall remain standing until a green
9.4indication is shown, except as follows: (A) the driver of a vehicle stopped as close
9.5as practicable at the entrance to the crosswalk on the near side of the intersection or,
9.6if none, then at the entrance to the intersection in obedience to a red or stop signal,
9.7and with the intention of making a right turn may make the right turn, after stopping,
9.8unless an official sign has been erected prohibiting such movement, but shall yield the
9.9right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal
9.10at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another
9.11one-way street on which traffic moves to the left shall stop in obedience to a red or stop
9.12signal and may then make a left turn into the one-way street, unless an official sign has
9.13been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and
9.14other traffic lawfully proceeding as directed by the signal at that intersection.
9.15 (ii) Unless otherwise directed by a pedestrian-control signal as provided in
9.16subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.
9.17 (iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
9.18movement indicated by the arrow, must stop at a clearly marked stop line but, if none,
9.19before entering the crosswalk on the near side of the intersection or, if none, then before
9.20entering the intersection and must remain standing until a permissive signal indication
9.21permitting the movement indicated by the red arrow is displayed, except as follows: when
9.22an official sign has been erected permitting a turn on a red arrow signal, the vehicular
9.23traffic facing a red arrow signal indication is permitted to enter the intersection to turn
9.24right, or to turn left from a one-way street into a one-way street on which traffic moves
9.25to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic
9.26lawfully proceeding as directed by the signal at that intersection.
9.27 (b) In the event an official traffic-control signal is erected and maintained at a place
9.28other than an intersection, the provisions of this section are applicable except those which
9.29can have no application. Any stop required must be made at a sign or marking on the
9.30pavement indicating where the stop must be made, but in the absence of any such sign or
9.31marking the stop must be made at the signal.
9.32 (c) When a traffic-control signal indication or indications placed to control a certain
9.33movement or lane are so identified by placing a sign near the indication or indications,
9.34no other traffic-control signal indication or indications within the intersection controls
9.35vehicular traffic for that movement or lane.
10.1 Sec. 13. Minnesota Statutes 2010, section 169.06, subdivision 7, is amended to read:
10.2 Subd. 7. Flashing signal. When flashing red or yellow signals are used they shall
10.3require obedience by vehicular traffic as follows:
10.4(a) When a circular red lens is illuminated with rapid intermittent flashes, drivers of
10.5vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk
10.6on the near side of the intersection, or if none, then at the point nearest the intersecting
10.7roadway where the driver has a view of approaching traffic on the intersecting roadway
10.8before entering the intersection, and the right to proceed shall be subject to the rules
10.9applicable after making a stop at a stop sign.
10.10(b) When a red arrow lens is illuminated with rapid intermittent flashes drivers of
10.11vehicles with the intention of making a movement indicated by the arrow shall stop at a
10.12clearly marked stop line, but if none, before entering the crosswalk on the near side of
10.13the intersection, or if none, then at the point nearest the intersecting roadway where the
10.14driver has a view of approaching traffic on the intersecting roadway before entering the
10.15intersection, and the right to proceed shall be subject to the rules applicable after making a
10.16stop at a stop sign.
10.17(c) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers
10.18of vehicles may proceed through the intersection or past the signals only with caution. But
10.19vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to
10.20other vehicles and to pedestrians lawfully within the intersection or adjacent crosswalk at
10.21the time this signal is exhibited. Vehicular traffic turning left or making a U-turn to the left
10.22shall yield the right-of-way to other vehicles approaching from the opposite direction so
10.23closely as to constitute an immediate hazard.
10.24(d) When a yellow arrow indication is illuminated with rapid intermittent flashes,
10.25drivers of vehicles with the intention of making a movement indicated by the arrow may
10.26proceed through the intersection or past the signals only with caution
10.27the right-of-way to other vehicles and to pedestrians lawfully within the intersection or
10.28adjacent crosswalk at the time this signal is exhibited. Vehicular traffic turning left or
10.29making a U-turn to the left shall yield the right-of-way to other vehicles approaching from
10.30the opposite direction so closely as to constitute an immediate hazard.
10.31 Sec. 14. Minnesota Statutes 2010, section 169.306, is amended to read:
10.32169.306 USE OF SHOULDERS BY BUSES.
10.33(a)
10.34160.02, subdivision 25, is authorized to permit
11.1buses the use of a shoulder, as designated by the
11.2freeway or expressway, as defined in section
11.3(b) If
11.4shoulder by transit buses, the
11.5shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor
11.6carrier of passengers, as defined in section
11.7intrastate commerce or (2) providing regular route transit service, as defined in section
11.9with the Metropolitan Council, a local transit authority, or a transit authority created by
11.10the legislature. Drivers of these buses must have adequate training in the requirements of
11.11paragraph (c), as determined by the commissioner.
11.12(c) Buses authorized to use the shoulder under this section may be operated on
11.13the shoulder only when main-line traffic speeds are less than 35 miles per hour, except
11.14as provided for in paragraph (f). Drivers of buses being operated on the shoulder may
11.15not exceed the speed of main-line traffic by more than 15 miles per hour and may never
11.16exceed 35 miles per hour, except as provided for in paragraph (f). Drivers of buses being
11.17operated on the shoulder must yield to merging, entering, and exiting traffic and must yield
11.18to other vehicles on the shoulder. Buses operated on the shoulder must be registered with
11.19the Department of Transportation.
11.20(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
11.21vehicle of not less than 20 feet in length engaged in providing special transportation
11.22services under section
11.23(1) operated by or under contract with a public or private entity receiving financial
11.24assistance to provide transit services from the Metropolitan Council or the commissioner
11.25of transportation; and
11.26(2) authorized by
11.27shoulders.
11.28(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
11.29(f) The commissioner may authorize different operating conditions and maximum
11.30speeds, not to exceed the posted speed limit, based upon an engineering study and
11.31recommendation by the road authority. The engineering study must be conducted by the
11.32road authority and must conform with the manual and specifications adopted under section
11.33169.06, subdivision 1, and applicable state and federal standards. The road authority shall
11.34consult the public transit operator before recommending operating conditions different
11.35from those authorized by law.
12.1 Sec. 15. Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
12.2 Subd. 4. Display and inspection of permit.
12.3carried in the vehicle or combination of vehicles to which it refers and
12.4to inspection by any
12.5
12.6person shall violate any of the terms or conditions of
12.7 Sec. 16. Minnesota Statutes 2010, section 169.86, subdivision 5, is amended to read:
12.8 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
12.9respect to highways under the commissioner's jurisdiction, may charge a fee for each
12.10permit issued. All
12.11must be deposited in the state treasury and credited to the trunk highway fund. Except
12.12for those annual permits for which the permit fees are specified elsewhere in this chapter,
12.13the fees
12.14 (a) $15 for each single trip permit.
12.15 (b) $36 for each job permit. A job permit may be issued for like loads carried on
12.16a specific route for a period not to exceed two months. "Like loads" means loads of the
12.17same product, weight, and dimension.
12.18 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
12.19months. Annual permits may be issued for:
12.20 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
12.21or well-being of the public;
12.22 (2) motor vehicles
12.23authorized under subdivision 1a;
12.24 (3) motor vehicles operating with gross weights authorized under section
12.25subdivision 1a
12.26 (4) special pulpwood vehicles described in section
12.27 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
12.28 (6) noncommercial transportation of a boat by the owner or user of the boat;
12.29 (7) motor vehicles carrying bales of agricultural products authorized under section
12.31(8) special milk-hauling vehicles authorized under section
12.32 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
12.33consecutive months. Annual permits may be issued for:
12.34 (1) mobile cranes;
12.35 (2) construction equipment, machinery, and supplies;
13.1 (3) manufactured homes and manufactured storage buildings;
13.2 (4) implements of husbandry;
13.3 (5) double-deck buses;
13.4 (6) commercial boat hauling;
13.5 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
13.6for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
13.7the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
13.8only while operating on twin-trailer routes designated under section
13.9paragraph (c); and
13.10(8) vehicles operating on that portion of marked Trunk Highway 36 described in
13.11section
13.12 (e) For vehicles
13.13sections
13.14this paragraph applies to any vehicle described in section
13.15paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
13.16that paragraph, and then the additional cost is for all weight, including the allowance
13.17weight, in excess of the permitted maximum axle weight. The additional cost is equal
13.18to the product of the distance traveled times the sum of the overweight axle group cost
13.19factors shown in the following chart:
14.1The amounts added are rounded to the nearest cent for each axle or axle group. The
14.2additional cost does not apply to paragraph (c), clauses (1) and (3).
14.3For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
14.4fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
14.5in addition to the normal permit fee. Miles must be calculated based on the distance
14.6already traveled in the state plus the distance from the point of detection to a transportation
14.7loading site or unloading site within the state or to the point of exit from the state.
14.8 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
14.9or oversize and overweight, mobile cranes; construction equipment, machinery, and
14.10supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
14.11are as follows:
14.21If the gross weight of the vehicle is more than
14.22determined under paragraph (e).
14.23 (g) For vehicles which exceed the width limitations set forth in section
14.24more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
14.25when the permit is issued while seasonal load restrictions pursuant to section
14.26in effect.
14.27 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
14.28refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
14.29a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section
14.30subdivision 2
14.31pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
14.32pounds.
14.33 (i) $300 for a motor vehicle described in section
14.34paragraph must be deposited
14.35
14.36
14.37
15.1
15.2
15.3
15.4
15.5
15.6
15.7
15.8fund.
15.9 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
15.10under authority of section
15.11 Sec. 17. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
15.12 Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of $5 for
15.13each application. Except as provided in paragraph
15.14involved in receiving, accepting, or forwarding to the department the applications and
15.15fees required under sections
15.17(b) The statutory fees and the filing fees imposed under paragraph (a) may be paid
15.18by credit card or debit card. The driver's license agent may collect a convenience fee on
15.19the statutory fees and filing fees not greater than the cost of processing a credit card or
15.20debit card transaction. The convenience fee must be used to pay the cost of processing
15.21credit and debit card transactions. The commissioner shall adopt rules to administer this
15.22paragraph, using the exempt procedures of section 14.386, except that section 14.386,
15.23paragraph (b), does not apply.
15.24
15.25agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
15.26discontinuance of an existing agent, and if a new agent is appointed in an existing office
15.27pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
15.28Rules, part 7404.0400, the department shall provide and maintain photo identification
15.29equipment without additional cost to a newly appointed agent in that office if the office
15.30was provided the equipment by the department before January 1, 2000. All photo
15.31identification equipment must be compatible with standards established by the department.
15.32
15.33into the county treasury and credited to the general revenue fund of the county. An
15.34agent who is not an employee of the county shall retain the filing fee in lieu of county
15.35employment or salary and is considered an independent contractor for pension purposes,
16.1coverage under the Minnesota State Retirement System, or membership in the Public
16.2Employees Retirement Association.
16.3
16.4reporting period established by the department, the agent must forward to the department
16.5all applications and fees collected during the reporting period except as provided in
16.6paragraph
16.7EFFECTIVE DATE.This section is effective the day following final enactment.
16.8 Sec. 18. Minnesota Statutes 2010, section 174.02, is amended by adding a subdivision
16.9to read:
16.10 Subd. 9. Alternative financing and investment in transportation projects. (a)
16.11The commissioner may enter into agreements with governmental or nongovernmental
16.12entities, including private and nonprofit entities, to finance or invest in transportation
16.13projects, including repayment agreements, subject to (1) the availability of state money
16.14or other dedicated revenue or resources and (2) the approval of the commissioner of
16.15management and budget.
16.16(b) The commissioner shall submit to the chairs and ranking minority members of
16.17the legislative committees having jurisdiction over transportation policy and finance,
16.18a listing of all agreements executed under this subdivision. The listing must identify
16.19each agreement, the contracting entities, contract amount, duration, and any repayment
16.20requirements. The listing may be submitted electronically, and is subject to section 3.195,
16.21subdivision 1.
16.22(c) The commissioner may only use the authority granted under this subdivision
16.23for one pilot project.
16.24 Sec. 19. Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to
16.25read:
16.26 Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant
16.27a waiver to a person who is not physically qualified to drive under Code of Federal
16.28Regulations, title 49, section 391.41, paragraph (b)(3) to (b)(13). A waiver granted under
16.29this subdivision applies to intrastate transportation only.
16.30(b) A person who wishes to obtain a waiver under this subdivision must give the
16.31commissioner the following information:
16.32(1) the applicant's name, address, and telephone number;
16.33(2) the name, address, and telephone number of an employer coapplicant, if any;
17.1(3) a description of the applicant's experience in driving the type of vehicle to be
17.2operated under the waiver;
17.3(4) a description of the type of driving to be done under the waiver;
17.4(5) a description of any modifications to the vehicle the applicant intends to drive
17.5under the waiver that are designed to accommodate the applicant's medical condition or
17.6disability;
17.7(6) whether the applicant has been granted another waiver under this subdivision;
17.8(7) a copy of the applicant's current driver's license;
17.9(8) a copy of a medical examiner's certificate showing that the applicant is medically
17.10unqualified to drive unless a waiver is granted;
17.11(9) a statement from the applicant's treating physician that includes:
17.12(i) the extent to which the physician is familiar with the applicant's medical history;
17.13(ii) a description of the applicant's medical condition for which a waiver is necessary;
17.14(iii) assurance that the applicant has the ability and willingness to follow any course
17.15of treatment prescribed by the physician, including the ability to self-monitor or manage
17.16the medical condition; and
17.17(iv) the physician's professional opinion that the applicant's condition will not
17.18adversely affect the applicant's ability to operate a motor vehicle safely; and
17.19(10) any other information considered necessary by the commissioner including
17.20requiring a physical examination or medical report from a physician who specializes
17.21in a particular field of medical practice.
17.22(c) In granting a waiver under this subdivision, the commissioner may impose
17.23conditions the commissioner considers necessary to ensure that an applicant is able to
17.24operate a motor vehicle safely and that the safety of the general public is protected.
17.25(d) A person who is granted a waiver under this subdivision must:
17.26(1) at intervals specified in the waiver, give the commissioner periodic reports from
17.27the person's treating physician, or a medical specialist if the commissioner so requires in
17.28the waiver, that contain the information described in paragraph (b), clause (9), together
17.29with a description of any episode that involved the person's loss of consciousness or loss
17.30of ability to operate a motor vehicle safely; and
17.31(2) immediately report the person's involvement in an accident for which a report is
17.32required under section
17.33(e) The commissioner shall deny an application if, during the three years preceding
17.34the application:
18.1(1) the applicant's driver's license has been suspended under section
18.2paragraph (a), clauses (1) to (9), (11), and (12), canceled under section
18.3under section
18.4(2) the applicant has been convicted of a violation under section 171.24; or
18.5
18.6Code of Federal Regulations, title 49, section 383.51, paragraph (b), which is incorporated
18.7by reference.
18.8(f) The commissioner may deny an application or may immediately revoke a
18.9waiver granted under this subdivision. Notice of the commissioner's reasons for denying
18.10an application or for revoking a waiver must be in writing and must be mailed to
18.11the applicant's or waiver holder's last known address by certified mail, return receipt
18.12requested. A person whose application is denied or whose waiver is revoked is entitled to
18.13a hearing under chapter 14.
18.14(g) A waiver granted under this subdivision expires on the date of expiration shown
18.15on the medical examiner's certificate described in paragraph (b), clause (8).
18.16 Sec. 20. Minnesota Statutes 2010, section 222.50, subdivision 4, is amended to read:
18.17 Subd. 4. Contract. The commissioner may negotiate and enter into contracts for the
18.18purpose of rail service improvement and may incorporate funds available from the federal
18.19
18.20railroads, rail users, and the department, and may be political subdivisions of the state and
18.21the federal government. In such contracts, participation by all parties shall be voluntary.
18.22The commissioner may provide a portion of the money required to carry out the terms of
18.23any such contract by expenditure from the rail service improvement account.
18.24 Sec. 21. Minnesota Statutes 2010, section 222.51, is amended to read:
18.25222.51 PARTICIPATION BY POLITICAL SUBDIVISION.
18.26The governing body of any political subdivision of the state may with the approval
18.27of the commissioner appropriate money for rail service improvement and may participate
18.28in the state rail service improvement program and
18.29
18.30 Sec. 22. Minnesota Statutes 2010, section 222.53, is amended to read:
18.31222.53 ACCEPTANCE OF FEDERAL MONEY.
19.1The commissioner may exercise those powers necessary for the state to qualify
19.2for, accept, and disburse any federal money
19.3
19.4(1) establish an adequate plan for rail service in the state as part of an overall
19.5planning process for all transportation services in the state, including a suitable process for
19.6updating, revising, and amending the plan;
19.7(2) administer and coordinate the plan with other state agencies, and provide for the
19.8equitable distribution of resources;
19.9(3) develop, promote, and support safe, adequate, and efficient rail transportation
19.10services; employ qualified personnel; maintain adequate programs of investigation,
19.11research, promotion, and development, with provisions for public participation; and take
19.12all practical steps to improve transportation safety and reduce transportation-related
19.13energy utilization and pollution;
19.14(4) adopt and maintain adequate procedures for financial control, accounting, and
19.15performance evaluation in order to assure proper use of state and federal money;
19.16(5) do all things otherwise necessary to maximize federal assistance to the state
19.17
19.18 Sec. 23. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:
19.19 Subd. 9. Rail bank property use;
19.20of road authorities and their agents, employees, and contractors, and of utilities, in carrying
19.21out their duties imposed by permit, law, or contract, and except as otherwise provided in
19.22this section, it is unlawful to perform any of the following activities on rail bank property:
19.23 (1) obstruct any trail;
19.24 (2) deposit snow or ice;
19.25 (3) remove or place any earth, vegetation, gravel, or rock without authorization;
19.26 (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
19.27materials;
19.28 (5) erect a fence, or place or maintain any advertising, sign, or memorial, except
19.29upon authorization by the commissioner of transportation;
19.30 (6) remove, injure, displace, or destroy right-of-way markers or reference or witness
19.31monuments or markers placed to preserve section or quarter-section corners defining
19.32rail bank property limits;
19.33 (7) drive upon any portion of rail bank property, except at approved crossings, and
19.34except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
19.35other vehicles authorized to use rail bank property;
20.1 (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
20.2paving, guardrail, drain, or any other rail bank appurtenance;
20.3 (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
20.4on, across, or over the limits of rail bank property
20.5(10) plow, disc, or perform any other detrimental operation; or
20.6(11) place or maintain any building or structure.
20.7 (b) Unless a greater penalty is provided elsewhere in statute, any violation of this
20.8subdivision is a
20.9 (c) The cost to remove, repair, or perform any other corrective action necessitated by
20.10a violation of this subdivision may be charged to the violator.
20.11 Sec. 24. REPEALER.
20.12(a) Minnesota Statutes 2010, section 222.48, subdivision 3a, is repealed.
20.13(b) Laws 2008, chapter 350, article 1, section 5, the effective date, as amended by
20.14Laws 2010, chapter 351, section 65, is repealed, effective August 1, 2011.