Bill Text: MN HF1310 | 2011-2012 | 87th Legislature | Engrossed

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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motor carriers and commercial drivers, and rail programs; misdemeanor penalty imposed; fees established; provisions repealed; and technical changes made.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

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A bill for an act

relating to transportation; providing for various provisions governing
transportation policy, 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; imposing misdemeanor penalty;
establishing certain fees; repealing certain provisions; making technical changes;
amending Minnesota Statutes 2010, sections 161.14, subdivision 66; 161.3212;
168.002, subdivisions 24, 26, 40, by adding subdivisions; 168.12, subdivisions
1, 2b; 168.123, subdivision 1; 169.06, subdivisions 5, 7; 169.306; 169.86,
subdivisions 4, 5; 171.061, subdivision 4; 174.02, by adding a subdivision;
221.0314, subdivision 3a; 222.50, subdivision 4; 222.51; 222.53; 222.63,
subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 160;
repealing Minnesota Statutes 2010, section 222.48, subdivision 3a; Laws 2008,
chapter 350, article 1, section 5, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. [160.266] MISSISSIPPI RIVER TRAIL.
    Subdivision 1. Definitions. For the purposes of this section:
(1) "bicycle path" has the meaning given in section 169.011, subdivision 6; and
(2) "bikeway" has the meaning given in section 169.011, subdivision 9.
    Subd. 2. Creation. The commissioner, in cooperation with road and trail authorities
including the commissioner of natural resources, shall identify a bikeway that originates at
Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels
the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk
Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County,
St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County,
Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston
County to Minnesota's boundary with Iowa and there terminates. Where opportunities
exist, the bikeway may be designated on both sides of the Mississippi River.
    Subd. 3. Connections with other bikeways. (a) The commissioner, in cooperation
with road and trail authorities including the commissioner of natural resources, shall:
(1) identify existing bikeways of regional significance that are in reasonable
proximity but not connected to the bikeway established in this section, including but not
limited to the Lake Wobegon Trail in the counties of Stearns and Todd; and
(2) support development of linkages between bikeways identified under clause (1)
and the bikeway established in this section.
(b) The requirements of this subdivision are a secondary priority for use of funds
available under this section following establishment and enhancement of the bikeway
under subdivision 1.
    Subd. 4. Cooperation with other entities. The commissioner may contract and
enter into agreements with federal agencies, other state agencies, and local governments to
establish, develop, maintain, and operate the bikeway and to interpret associated natural
and cultural resources.
    Subd. 5. Funding. Bicycle paths included within the bikeway and not administered
by the commissioner of natural resources are eligible for funding from the environment
and natural resources trust fund under chapter 116P, from the parks and trails grant
program under section 85.535, from the local recreation grants program under section
85.019, subdivision 4b, and from other sources.

    Sec. 2. Minnesota Statutes 2010, section 161.14, subdivision 66, is amended to read:
    Subd. 66. Veterans Memorial Highway. Legislative Route No. 31, signed as
Trunk Highway marked 200 as of July 1, 2010, from the border with North Dakota to the
city of Mahnomen, is designated as the "Veterans Memorial Highway." The commissioner
shall adopt a suitable design to mark this highway and erect appropriate signs, subject
to section 161.139.

    Sec. 3. Minnesota Statutes 2010, section 161.3212, is amended to read:
161.3212 WORKING CAPITAL FUND.
The commissioner, to the extent allowed by other law or contract, may grant
available money that has been appropriated for socially or economically disadvantaged
business programs to a guaranty fund administered by a nonprofit organization that makes
or guarantees working capital loans to businesses small business concerns owned and
operated by socially or and economically disadvantaged persons as defined individuals.
"Small business concern" and "socially and economically disadvantaged individual" have
the meanings given them in Code of Federal Regulations, title 49, section 23.5 26.5. The
purpose of loans made or guaranteed by the organization must be to provide short-term
working capital to enable eligible businesses to be awarded contracts for goods and
services or for construction-related services from government agencies.
Money contributed from a constitutionally or statutorily dedicated fund must be used
only for purposes consistent with the purposes of the dedicated fund.

    Sec. 4. Minnesota Statutes 2010, section 168.002, is amended by adding a subdivision
to read:
    Subd. 21a. Noncommercial vehicle. "Noncommercial vehicle" means a one-ton
pickup truck registered under section 168.013, subdivision 1e, with a 15,000 pounds or
less gross vehicle weight rating and for which the owner has made a declaration that the
vehicle will be operated exclusively for personal use. The declaration must be based
on one or more of the following:
(1) a change of vehicle use;
(2) registration of a new vehicle;
(3) transfer of vehicle ownership; or
(4) registration renewal.

    Sec. 5. Minnesota Statutes 2010, section 168.002, is amended by adding a subdivision
to read:
    Subd. 21b. One-ton pickup truck. "One-ton pickup truck" means any truck
resembling a pickup truck with a manufacturer's nominal rated carrying capacity of
one ton. If the manufacturer's nominal rated carrying capacity is not provided or is not
known, then the value specified by the manufacturer as the gross vehicle weight rating as
indicated on the manufacturer's certification label must be 10,001 pounds or more, not
to exceed 15,000 pounds.

    Sec. 6. Minnesota Statutes 2010, section 168.002, subdivision 24, is amended to read:
    Subd. 24. Passenger automobile. (a) "Passenger automobile" means any motor
vehicle designed and used for carrying not more than 15 individuals, including the driver.
    (b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
school buses, or commuter vans as defined in section 168.126. Except as provided in
paragraph (c), clause (1), a vehicle with a gross vehicle weight rating of 9,000 to 13,000
pounds that is a pickup truck or a van is not a passenger automobile.
    (c) "Passenger automobile" includes, but is not limited to:
    (1) a vehicle that is (i) a pickup truck or a van, (ii) not used in furtherance of a
commercial enterprise, and (iii) not subject to state or federal regulation as a commercial
motor vehicle as defined in subdivisions 26 and 40;
    (2) neighborhood electric vehicles, as defined in section 169.011, subdivision 47; and
    (3) medium-speed electric vehicles, as defined in section 169.011, subdivision 39.
EFFECTIVE DATE.This section is effective August 1, 2011.

    Sec. 7. Minnesota Statutes 2010, section 168.002, subdivision 26, is amended to read:
    Subd. 26. Pickup truck. "Pickup truck" means any truck with a manufacturer's
nominal rated carrying capacity of three-fourths ton or less and commonly known as a
pickup truck. If the manufacturer's nominal rated carrying capacity is not provided or
cannot be determined, then the value specified by the manufacturer as the gross vehicle
weight rating as indicated on the manufacturer's certification label must be less than
10,000 pounds.

    Sec. 8. Minnesota Statutes 2010, section 168.002, subdivision 40, is amended to read:
    Subd. 40. Van. "Van" means any vehicle of box-like design with no barrier or
separation between the operator's area and the remainder of the cargo-carrying area, and
with a manufacturer's nominal rated carrying capacity of three-fourths ton or less. If
the manufacturer's nominal rated carrying capacity is not provided or not known, then
the value specified by the manufacturer as the maximum gross weight or gross vehicle
weight rating as indicated on the manufacturer's certification label must be less than
10,000 pounds.

    Sec. 9. Minnesota Statutes 2010, section 168.12, subdivision 1, is amended to read:
    Subdivision 1. Plates; design, visibility, periods of issuance. (a) The commissioner,
upon approval and payment, shall issue to the applicant the plates required by this chapter,
bearing the state name and an assigned vehicle registration number. The number assigned
by the commissioner may be a combination of a letter or sign with figures. The color of the
plates and the color of the abbreviation of the state name and the number assigned must
be in marked contrast. The plates must be lettered, spaced, or distinguished to suitably
indicate the registration of the vehicle according to the rules of the commissioner.
    (b) When a vehicle is registered on the basis of total gross weight, the plates issued
must clearly indicate by letters or other suitable insignia the maximum gross weight
for which the tax has been paid.
(c) Plates issued to a noncommercial vehicle must bear the inscription
"noncommercial" unless the vehicle is displaying a special plate authorized and issued
under this chapter.
(d) A one-ton pickup truck that is used for commercial purposes and is subject to
section 168.185, is eligible to display special plates as authorized and issued under this
chapter.
    (c) (e) The plates must be so treated as to be at least 100 times brighter than the
conventional painted number plates. When properly mounted on an unlighted vehicle, the
plates, when viewed from a vehicle equipped with standard headlights, must be visible for
a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
    (d) (f) The commissioner shall issue plates for the following periods:
    (1) New plates issued pursuant to section 168.012, subdivision 1, must be issued to a
vehicle for as long as the vehicle is owned by the exempt agency and the plate shall not be
transferable from one vehicle to another but the plate may be transferred with the vehicle
from one tax-exempt agency to another.
    (2) Plates issued for passenger automobiles must be issued for a seven-year period.
All plates issued under this paragraph must be replaced if they are seven years old or older
at the time of registration renewal or will become so during the registration period.
    (3) Plates issued under sections 168.053 and 168.27, subdivisions 16 and 17, must
be for a seven-year period.
    (4) Plates issued under subdivisions 2c and 2d and section 168.123 must be issued
for the life of the veteran under section 169.79.
    (5) Plates for any vehicle not specified in clauses (1) to (3) must be issued for the
life of the vehicle.
    (e) (g) In a year in which plates are not issued, the commissioner shall issue for each
registration a sticker to designate the year of registration. This sticker must show the year
or years for which the sticker is issued, and is valid only for that period. The plates and
stickers issued for a vehicle may not be transferred to another vehicle during the period
for which the sticker is issued, except when issued for a vehicle registered under section
168.187 .
    (f) (h) Despite any other provision of this subdivision, plates issued to a vehicle
used for behind-the-wheel instruction in a driver education course in a public school
may be transferred to another vehicle used for the same purpose without payment of any
additional fee. The public school shall notify the commissioner of each transfer of plates
under this paragraph. The commissioner may prescribe a format for notification.

    Sec. 10. Minnesota Statutes 2010, section 168.12, subdivision 2b, is amended to read:
    Subd. 2b. Firefighters; special plates, rules. (a) The commissioner shall issue
special plates, or a single license plate in the case of a motorcycle plate, to any applicant
who:
    (1) is a member of a fire department receiving state aid under chapter 69, has a
letter from the fire chief, and is an owner of a passenger automobile, a truck with a
manufacturer's nominal rated capacity of one ton and resembling a pickup truck, a one-ton
pickup truck, or a motorcycle;
    (2) pays a fee of $10 and any other fees required by this chapter;
    (3) pays the registration tax required by this chapter for the motor vehicle; and
    (4) complies with this chapter and rules governing the registration of motor vehicles
and licensing of drivers.
    (b) In lieu of the identification required under subdivision 1, the special plates must
bear an emblem of a Maltese Cross together with any numbers or characters prescribed by
the commissioner.
    (c) Special plates issued under this subdivision may only be used during the period
that the owner of the motor vehicle is a member of a fire department as specified in this
subdivision. When the individual to whom the special plates were issued is no longer a
member of a fire department or when the motor vehicle ownership is transferred, the
owner shall remove the special plates from the motor vehicle. If the commissioner
receives written notification that an individual is no longer qualified for these special
plates, the commissioner shall invalidate the plates and notify the individual of this
action. The individual may retain the plate only upon demonstrating compliance with the
qualifications of this subdivision. Upon removal or invalidation of the special plates, or
special motorcycle plate, either the owner or purchaser of the motor vehicle shall obtain
regular plates or a regular motorcycle plate for the proper registration classification for
the motor vehicle.
    (d) A special motorcycle license plate issued under this subdivision must be the
same size as a standard motorcycle license plate.
    (e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger
automobile or truck may be transferred to another passenger automobile or truck owned
or jointly owned by the person to whom the plates were issued. On payment of a fee of
$5, a plate issued under this subdivision for a motorcycle may be transferred to another
motorcycle owned or jointly owned by the person to whom the plate was issued.
    (f) The commissioner may adopt rules under the Administrative Procedure Act,
sections 14.001 to 14.69, to govern the issuance and use of the special plates authorized
in this subdivision.

    Sec. 11. Minnesota Statutes 2010, section 168.123, subdivision 1, is amended to read:
    Subdivision 1. General requirements; fees. (a) On payment of a fee of $10 for
each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
the registration tax required by law, and compliance with other applicable laws relating to
vehicle registration and licensing, as applicable, the commissioner shall issue:
(1) special veteran's plates to an applicant who served in the active military service
in a branch of the armed forces of the United States or of a nation or society allied with the
United States in conducting a foreign war, was discharged under honorable conditions,
and is a registered owner of a passenger automobile, recreational motor vehicle, or truck
resembling a pickup truck and having a manufacturer's nominal rated capacity of one ton
one-ton pickup truck, but which is not a commercial motor vehicle as defined in section
169.011, subdivision 16 ; or
(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant
who is a registered owner of a motorcycle and meets the criteria listed in this paragraph
and in subdivision 2, paragraph (a), (f), (h), (i), or (j). Plates issued under this clause must
be the same size as regular motorcycle plates. Special motorcycle license plates issued
under this clause are not subject to section 168.1293.
(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
only when the plates are issued, and is not payable in a year in which stickers are issued
instead of plates.
(c) The veteran must have a certified copy of the veteran's discharge papers,
indicating character of discharge, at the time of application. If an applicant served in the
active military service in a branch of the armed forces of a nation or society allied with the
United States in conducting a foreign war and is unable to obtain a record of that service
and discharge status, the commissioner of veterans affairs may certify the applicant as
qualified for the veterans' plates provided under this section.
(d) For license plates issued for one-ton trucks described in paragraph (a), clause
(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
paragraph (a). The surcharge must be deposited in the vehicle services operating account
in the special revenue fund.

    Sec. 12. Minnesota Statutes 2010, section 169.06, subdivision 5, is amended to read:
    Subd. 5. Traffic-control signal. (a) Whenever traffic is controlled by traffic-control
signals exhibiting different colored lights, or colored lighted arrows, successively one at a
time or in combination, only the colors Green, Red, and Yellow shall be used, except for
special pedestrian signals carrying a word or legend. The traffic-control signal lights or
colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:
    (1) Green indication:
    (i) Vehicular traffic facing a circular green signal may proceed straight through or
turn right or left unless a sign at such place prohibits either turn. But vehicular traffic,
including vehicles turning right or left, shall yield the right-of-way to other vehicles and to
pedestrians lawfully within the intersection or adjacent crosswalk at the time this signal
is exhibited. Vehicular traffic turning left or making a U-turn to the left shall yield the
right-of-way to other vehicles approaching from the opposite direction so closely as to
constitute an immediate hazard.
    (ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
another indication, may cautiously enter the intersection only to make the movement
indicated by the arrow, or other movement as permitted by other indications shown at the
same time. Such Vehicular traffic shall yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other traffic lawfully using the intersection.
    (iii) Unless otherwise directed by a pedestrian-control signal as provided in
subdivision 6, pedestrians facing any green signal, except when the sole green signal is a
turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the
pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the
time that the green signal indication is first shown.
    (2) Steady yellow indication:
    (i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
warned that the related green movement is being terminated or that a red indication will be
exhibited immediately thereafter when vehicular traffic must not enter the intersection,
except for the continued movement allowed by any green arrow indication simultaneously
exhibited.
    (ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
insufficient time to cross the roadway before a red indication is shown and no pedestrian
shall then start to cross the roadway.
    (3) Steady red indication:
    (i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked
stop line but, if none, before entering the crosswalk on the near side of the intersection
or, if none, then before entering the intersection and shall remain standing until a green
indication is shown, except as follows: (A) the driver of a vehicle stopped as close
as practicable at the entrance to the crosswalk on the near side of the intersection or,
if none, then at the entrance to the intersection in obedience to a red or stop signal,
and with the intention of making a right turn may make the right turn, after stopping,
unless an official sign has been erected prohibiting such movement, but shall yield the
right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal
at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another
one-way street on which traffic moves to the left shall stop in obedience to a red or stop
signal and may then make a left turn into the one-way street, unless an official sign has
been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and
other traffic lawfully proceeding as directed by the signal at that intersection.
    (ii) Unless otherwise directed by a pedestrian-control signal as provided in
subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.
    (iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
movement indicated by the arrow, must stop at a clearly marked stop line but, if none,
before entering the crosswalk on the near side of the intersection or, if none, then before
entering the intersection and must remain standing until a permissive signal indication
permitting the movement indicated by the red arrow is displayed, except as follows: when
an official sign has been erected permitting a turn on a red arrow signal, the vehicular
traffic facing a red arrow signal indication is permitted to enter the intersection to turn
right, or to turn left from a one-way street into a one-way street on which traffic moves
to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic
lawfully proceeding as directed by the signal at that intersection.
    (b) In the event an official traffic-control signal is erected and maintained at a place
other than an intersection, the provisions of this section are applicable except those which
can have no application. Any stop required must be made at a sign or marking on the
pavement indicating where the stop must be made, but in the absence of any such sign or
marking the stop must be made at the signal.
    (c) When a traffic-control signal indication or indications placed to control a certain
movement or lane are so identified by placing a sign near the indication or indications,
no other traffic-control signal indication or indications within the intersection controls
vehicular traffic for that movement or lane.

    Sec. 13. Minnesota Statutes 2010, section 169.06, subdivision 7, is amended to read:
    Subd. 7. Flashing signal. When flashing red or yellow signals are used they shall
require obedience by vehicular traffic as follows:
(a) When a circular red lens is illuminated with rapid intermittent flashes, drivers of
vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk
on the near side of the intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the intersecting roadway
before entering the intersection, and the right to proceed shall be subject to the rules
applicable after making a stop at a stop sign.
(b) When a red arrow lens is illuminated with rapid intermittent flashes drivers of
vehicles with the intention of making a movement indicated by the arrow shall stop at a
clearly marked stop line, but if none, before entering the crosswalk on the near side of
the intersection, or if none, then at the point nearest the intersecting roadway where the
driver has a view of approaching traffic on the intersecting roadway before entering the
intersection, and the right to proceed shall be subject to the rules applicable after making a
stop at a stop sign.
(c) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers
of vehicles may proceed through the intersection or past the signals only with caution. But
vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to
other vehicles and to pedestrians lawfully within the intersection or adjacent crosswalk at
the time this signal is exhibited. Vehicular traffic turning left or making a U-turn to the left
shall yield the right-of-way to other vehicles approaching from the opposite direction so
closely as to constitute an immediate hazard.
(d) When a yellow arrow indication is illuminated with rapid intermittent flashes,
drivers of vehicles with the intention of making a movement indicated by the arrow may
proceed through the intersection or past the signals only with caution., but shall yield
the right-of-way to other vehicles and to pedestrians lawfully within the intersection or
adjacent crosswalk at the time this signal is exhibited. Vehicular traffic turning left or
making a U-turn to the left shall yield the right-of-way to other vehicles approaching from
the opposite direction so closely as to constitute an immediate hazard.

    Sec. 14. Minnesota Statutes 2010, section 169.306, is amended to read:
169.306 USE OF SHOULDERS BY BUSES.
(a) The commissioner of transportation A road authority, as defined in section
160.02, subdivision 25, is authorized to permit the use by transit buses and Metro Mobility
buses the use of a shoulder, as designated by the commissioner road authority, of a
freeway or expressway, as defined in section 160.02, in Minnesota.
(b) If the commissioner a road authority permits the use of a freeway or expressway
shoulder by transit buses, the commissioner road authority shall permit the use on that
shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor
carrier of passengers, as defined in section 221.012, subdivision 26, while operating in
intrastate commerce or (2) providing regular route transit service, as defined in section
174.22, subdivision 8 , or Metro Mobility services, and operated by or under contract
with the Metropolitan Council, a local transit authority, or a transit authority created by
the legislature. Drivers of these buses must have adequate training in the requirements of
paragraph (c), as determined by the commissioner.
(c) Buses authorized to use the shoulder under this section may be operated on
the shoulder only when main-line traffic speeds are less than 35 miles per hour, except
as provided for in paragraph (f). Drivers of buses being operated on the shoulder may
not exceed the speed of main-line traffic by more than 15 miles per hour and may never
exceed 35 miles per hour, except as provided for in paragraph (f). Drivers of buses being
operated on the shoulder must yield to merging, entering, and exiting traffic and must yield
to other vehicles on the shoulder. Buses operated on the shoulder must be registered with
the Department of Transportation.
(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
vehicle of not less than 20 feet in length engaged in providing special transportation
services under section 473.386 that is:
(1) operated by or under contract with a public or private entity receiving financial
assistance to provide transit services from the Metropolitan Council or the commissioner
of transportation; and
(2) authorized by the commissioner a road authority to use freeway or expressway
shoulders.
(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
(f) The commissioner may authorize different operating conditions and maximum
speeds, not to exceed the posted speed limit, based upon an engineering study and
recommendation by the road authority. The engineering study must be conducted by the
road authority and must conform with the manual and specifications adopted under section
169.06, subdivision 1, and applicable state and federal standards. The road authority shall
consult the public transit operator before recommending operating conditions different
from those authorized by law.

    Sec. 15. Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
    Subd. 4. Display and inspection of permit. Every such A permit shall must be
carried in the vehicle or combination of vehicles to which it refers and shall must be open
to inspection by any police peace officer or authorized agent of any authority granting
such the permit, and. A permit may be carried in electronic format if it is easily read. No
person shall violate any of the terms or conditions of such a special permit.

    Sec. 16. Minnesota Statutes 2010, section 169.86, subdivision 5, is amended to read:
    Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
respect to highways under the commissioner's jurisdiction, may charge a fee for each
permit issued. All such fees for permits issued by the commissioner of transportation shall
must be deposited in the state treasury and credited to the trunk highway fund. Except
for those annual permits for which the permit fees are specified elsewhere in this chapter,
the fees shall be are:
    (a) $15 for each single trip permit.
    (b) $36 for each job permit. A job permit may be issued for like loads carried on
a specific route for a period not to exceed two months. "Like loads" means loads of the
same product, weight, and dimension.
    (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
months. Annual permits may be issued for:
    (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
or well-being of the public;
    (2) motor vehicles which that travel on interstate highways and carry loads
authorized under subdivision 1a;
    (3) motor vehicles operating with gross weights authorized under section 169.826,
subdivision 1a ;
    (4) special pulpwood vehicles described in section 169.863;
    (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
    (6) noncommercial transportation of a boat by the owner or user of the boat;
    (7) motor vehicles carrying bales of agricultural products authorized under section
169.862 ; and
(8) special milk-hauling vehicles authorized under section 169.867.
    (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
consecutive months. Annual permits may be issued for:
    (1) mobile cranes;
    (2) construction equipment, machinery, and supplies;
    (3) manufactured homes and manufactured storage buildings;
    (4) implements of husbandry;
    (5) double-deck buses;
    (6) commercial boat hauling;
    (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c); and
(8) vehicles operating on that portion of marked Trunk Highway 36 described in
section 169.81, subdivision 3, paragraph (e).
    (e) For vehicles which that have axle weights exceeding the weight limitations of
sections 169.823 to 169.829, an additional cost added to the fees listed above. However,
this paragraph applies to any vehicle described in section 168.013, subdivision 3,
paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
that paragraph, and then the additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The additional cost is equal
to the product of the distance traveled times the sum of the overweight axle group cost
factors shown in the following chart:

		Overweight Axle Group Cost Factors
	Weight (pounds)		Cost Per Mile For Each Group Of:
	exceeding weight limitations on axles		Two consecutive axles spaced within 8 feet or less		Three consecutive axles spaced within 9 feet or less		Four consecutive axles spaced within 14 feet or less
	0-2,000		.12		.05		.04
	2,001-4,000		.14		.06		.05
	4,001-6,000		.18		.07		.06
	6,001-8,000		.21		.09		.07
	8,001-10,000		.26		.10		.08
	10,001-12,000		.30		.12		.09
	12,001-14,000		Not permitted		.14		.11
	14,001-16,000		Not permitted		.17		.12
	16,001-18,000		Not permitted		.19		.15
	18,001-20,000		Not permitted		Not permitted		.16
	20,001-22,000		Not permitted		Not permitted		.20

The amounts added are rounded to the nearest cent for each axle or axle group. The
additional cost does not apply to paragraph (c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated based on the distance
already traveled in the state plus the distance from the point of detection to a transportation
loading site or unloading site within the state or to the point of exit from the state.
    (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
or oversize and overweight, mobile cranes; construction equipment, machinery, and
supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
are as follows:

	Gross Weight (pounds) of Vehicle		Annual Permit Fee
	90,000	or less	$200
	90,001	- 100,000	$300
	100,001	- 110,000	$400
	110,001	- 120,000	$500
	120,001	- 130,000	$600
	130,001	- 140,000	$700
	140,001	- 145,000	$800
	145,001	- 155,000	$900

If the gross weight of the vehicle is more than 145,000 155,000 pounds the permit fee is
determined under paragraph (e).
    (g) For vehicles which exceed the width limitations set forth in section 169.80 by
more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
when the permit is issued while seasonal load restrictions pursuant to section 169.87 are
in effect.
    (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
pounds.
    (i) $300 for a motor vehicle described in section 169.8261. The fee under this
paragraph must be deposited as follows:
    (1) in fiscal years 2005 through 2010:
    (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
for costs related to administering the permit program and inspecting and posting bridges;
    (ii) all remaining money in each fiscal year must be deposited in a bridge inspection
and signing account in the special revenue fund. Money in the account is appropriated
to the commissioner for:
    (A) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
    (B) erection of weight-posting signs on local bridges; and
    (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
fund.
    (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).

    Sec. 17. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
    Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of $5 for
each application. Except as provided in paragraph (b) (c), the fee shall cover all expenses
involved in receiving, accepting, or forwarding to the department the applications and
fees required under sections 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and
171.07 , subdivisions 3 and 3a.
(b) The statutory fees and the filing fees imposed under paragraph (a) may be paid
by credit card or debit card. The driver's license agent may collect a convenience fee on
the statutory fees and filing fees not greater than the cost of processing a credit card or
debit card transaction. The convenience fee must be used to pay the cost of processing
credit and debit card transactions. The commissioner shall adopt rules to administer this
paragraph, using the exempt procedures of section 14.386, except that section 14.386,
paragraph (b), does not apply.
(b) (c) The department shall maintain the photo identification equipment for all
agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
discontinuance of an existing agent, and if a new agent is appointed in an existing office
pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
Rules, part 7404.0400, the department shall provide and maintain photo identification
equipment without additional cost to a newly appointed agent in that office if the office
was provided the equipment by the department before January 1, 2000. All photo
identification equipment must be compatible with standards established by the department.
(c) (d) A filing fee retained by the agent employed by a county board must be paid
into the county treasury and credited to the general revenue fund of the county. An
agent who is not an employee of the county shall retain the filing fee in lieu of county
employment or salary and is considered an independent contractor for pension purposes,
coverage under the Minnesota State Retirement System, or membership in the Public
Employees Retirement Association.
(d) (e) Before the end of the first working day following the final day of the
reporting period established by the department, the agent must forward to the department
all applications and fees collected during the reporting period except as provided in
paragraph (c) (d).
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 18. Minnesota Statutes 2010, section 174.02, is amended by adding a subdivision
to read:
    Subd. 9. Alternative financing and investment in transportation projects. (a)
The commissioner may enter into agreements with governmental or nongovernmental
entities, including private and nonprofit entities, to finance or invest in transportation
projects, including repayment agreements, subject to (1) the availability of state money
or other dedicated revenue or resources and (2) the approval of the commissioner of
management and budget.
(b) The commissioner shall submit to the chairs and ranking minority members of
the legislative committees having jurisdiction over transportation policy and finance,
a listing of all agreements executed under this subdivision. The listing must identify
each agreement, the contracting entities, contract amount, duration, and any repayment
requirements. The listing may be submitted electronically, and is subject to section 3.195,
subdivision 1.
(c) The commissioner may only use the authority granted under this subdivision
for one pilot project.

    Sec. 19. Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to
read:
    Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant
a waiver to a person who is not physically qualified to drive under Code of Federal
Regulations, title 49, section 391.41, paragraph (b)(3) to (b)(13). A waiver granted under
this subdivision applies to intrastate transportation only.
(b) A person who wishes to obtain a waiver under this subdivision must give the
commissioner the following information:
(1) the applicant's name, address, and telephone number;
(2) the name, address, and telephone number of an employer coapplicant, if any;
(3) a description of the applicant's experience in driving the type of vehicle to be
operated under the waiver;
(4) a description of the type of driving to be done under the waiver;
(5) a description of any modifications to the vehicle the applicant intends to drive
under the waiver that are designed to accommodate the applicant's medical condition or
disability;
(6) whether the applicant has been granted another waiver under this subdivision;
(7) a copy of the applicant's current driver's license;
(8) a copy of a medical examiner's certificate showing that the applicant is medically
unqualified to drive unless a waiver is granted;
(9) a statement from the applicant's treating physician that includes:
(i) the extent to which the physician is familiar with the applicant's medical history;
(ii) a description of the applicant's medical condition for which a waiver is necessary;
(iii) assurance that the applicant has the ability and willingness to follow any course
of treatment prescribed by the physician, including the ability to self-monitor or manage
the medical condition; and
(iv) the physician's professional opinion that the applicant's condition will not
adversely affect the applicant's ability to operate a motor vehicle safely; and
(10) any other information considered necessary by the commissioner including
requiring a physical examination or medical report from a physician who specializes
in a particular field of medical practice.
(c) In granting a waiver under this subdivision, the commissioner may impose
conditions the commissioner considers necessary to ensure that an applicant is able to
operate a motor vehicle safely and that the safety of the general public is protected.
(d) A person who is granted a waiver under this subdivision must:
(1) at intervals specified in the waiver, give the commissioner periodic reports from
the person's treating physician, or a medical specialist if the commissioner so requires in
the waiver, that contain the information described in paragraph (b), clause (9), together
with a description of any episode that involved the person's loss of consciousness or loss
of ability to operate a motor vehicle safely; and
(2) immediately report the person's involvement in an accident for which a report is
required under section 169.09, subdivision 7.
(e) The commissioner shall deny an application if, during the three years preceding
the application:
(1) the applicant's driver's license has been suspended under section 171.18,
paragraph (a), clauses (1) to (9), (11), and (12), canceled under section 171.14, or revoked
under section 171.17, 171.172, or 171.174; or
(2) the applicant has been convicted of a violation under section 171.24; or
(2) (3) the applicant has been convicted of a disqualifying offense, as defined in
Code of Federal Regulations, title 49, section 383.51, paragraph (b), which is incorporated
by reference.
(f) The commissioner may deny an application or may immediately revoke a
waiver granted under this subdivision. Notice of the commissioner's reasons for denying
an application or for revoking a waiver must be in writing and must be mailed to
the applicant's or waiver holder's last known address by certified mail, return receipt
requested. A person whose application is denied or whose waiver is revoked is entitled to
a hearing under chapter 14.
(g) A waiver granted under this subdivision expires on the date of expiration shown
on the medical examiner's certificate described in paragraph (b), clause (8).

    Sec. 20. Minnesota Statutes 2010, section 222.50, subdivision 4, is amended to read:
    Subd. 4. Contract. The commissioner may negotiate and enter into contracts for the
purpose of rail service improvement and may incorporate funds available from the federal
rail service continuation program government. The participants in these contracts shall be
railroads, rail users, and the department, and may be political subdivisions of the state and
the federal government. In such contracts, participation by all parties shall be voluntary.
The commissioner may provide a portion of the money required to carry out the terms of
any such contract by expenditure from the rail service improvement account.

    Sec. 21. Minnesota Statutes 2010, section 222.51, is amended to read:
222.51 PARTICIPATION BY POLITICAL SUBDIVISION.
The governing body of any political subdivision of the state may with the approval
of the commissioner appropriate money for rail service improvement and may participate
in the state rail service improvement program and the federal rail service continuation
program programs.

    Sec. 22. Minnesota Statutes 2010, section 222.53, is amended to read:
222.53 ACCEPTANCE OF FEDERAL MONEY.
The commissioner may exercise those powers necessary for the state to qualify
for, accept, and disburse any federal money that may be made available pursuant to the
provisions of the federal rail service continuation program, including the power to:
(1) establish an adequate plan for rail service in the state as part of an overall
planning process for all transportation services in the state, including a suitable process for
updating, revising, and amending the plan;
(2) administer and coordinate the plan with other state agencies, and provide for the
equitable distribution of resources;
(3) develop, promote, and support safe, adequate, and efficient rail transportation
services; employ qualified personnel; maintain adequate programs of investigation,
research, promotion, and development, with provisions for public participation; and take
all practical steps to improve transportation safety and reduce transportation-related
energy utilization and pollution;
(4) adopt and maintain adequate procedures for financial control, accounting, and
performance evaluation in order to assure proper use of state and federal money;
(5) do all things otherwise necessary to maximize federal assistance to the state
under the federal rail service continuation program.

    Sec. 23. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:
    Subd. 9. Rail bank property use; petty misdemeanors. (a) Except for the actions
of road authorities and their agents, employees, and contractors, and of utilities, in carrying
out their duties imposed by permit, law, or contract, and except as otherwise provided in
this section, it is unlawful to perform any of the following activities on rail bank property:
    (1) obstruct any trail;
    (2) deposit snow or ice;
    (3) remove or place any earth, vegetation, gravel, or rock without authorization;
    (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
materials;
    (5) erect a fence, or place or maintain any advertising, sign, or memorial, except
upon authorization by the commissioner of transportation;
    (6) remove, injure, displace, or destroy right-of-way markers or reference or witness
monuments or markers placed to preserve section or quarter-section corners defining
rail bank property limits;
    (7) drive upon any portion of rail bank property, except at approved crossings, and
except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
other vehicles authorized to use rail bank property;
    (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
paving, guardrail, drain, or any other rail bank appurtenance; or
    (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
on, across, or over the limits of rail bank property.;
(10) plow, disc, or perform any other detrimental operation; or
(11) place or maintain any building or structure.
    (b) Unless a greater penalty is provided elsewhere in statute, any violation of this
subdivision is a petty misdemeanor.
    (c) The cost to remove, repair, or perform any other corrective action necessitated by
a violation of this subdivision may be charged to the violator.

    Sec. 24. REPEALER.
(a) Minnesota Statutes 2010, section 222.48, subdivision 3a, is repealed.
(b) Laws 2008, chapter 350, article 1, section 5, the effective date, as amended by
Laws 2010, chapter 351, section 65, is repealed, effective August 1, 2011.