Bill Text: MN HF2214 | 2013-2014 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation Department technical changes made, contract and project requirements clarified, Michael Duane Clickner Memorial Bridge designated, bridge inspection authority provided, U-turn rules modified, covered farm vehicle requirements modified, expiration date extended, hours of service exemption provided, financing required for parking facility, and reporting requirements changed.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-05-21 - Secretary of State Chapter 287 [HF2214 Detail]

Download: Minnesota-2013-HF2214-Introduced.html

1.1A bill for an act
1.2relating to transportation; making technical changes to provisions affecting the
1.3Department of Transportation; clarifying contracting requirements; modifying
1.4U-turn rules; providing bridge inspection authority in certain instances;
1.5modifying reporting requirements; modifying appropriations;amending
1.6Minnesota Statutes 2012, sections 16A.124, subdivision 5; 161.32, subdivisions
1.71f, 5; 161.3209, subdivision 2; 161.3420, subdivision 4; 161.3426, subdivisions
1.81, 4; 162.06, subdivision 1; 162.12, subdivision 1; 165.03, subdivision 3;
1.9165.12, subdivision 1; 169.19, subdivision 2; 169.781, subdivision 10; 169.782,
1.10subdivision 4; 169.865, subdivision 2; 171.02, subdivision 2; 171.03; 174.37,
1.11subdivision 6; 221.031, by adding subdivisions; Minnesota Statutes 2013
1.12Supplement, sections 161.44, subdivision 1a; 169.19, subdivision 1; 174.12,
1.13subdivision 2; Laws 2010, chapter 189, section 15, subdivision 12; Laws 2012,
1.14chapter 287, article 2, section 1; Laws 2012, First Special Session chapter 1,
1.15article 1, section 28; Laws 2013, chapter 127, section 67; repealing Minnesota
1.16Statutes 2012, section 161.115, subdivision 240; Minnesota Statutes 2013
1.17Supplement, section 221.0314, subdivision 9a.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19    Section 1. Minnesota Statutes 2012, section 16A.124, subdivision 5, is amended to read:
1.20    Subd. 5. Payment of interest on late payments required. (a) A state agency shall
1.21pay interest to a vendor for undisputed billings when the agency has not paid the billing
1.22within 30 days following receipt of the invoice, merchandise, or service whichever is later.
1.23A negotiated contract or agreement between a vendor and a state agency which requires an
1.24audit by the state agency prior to acceptance and payment of the vendor's invoice shall not
1.25be considered past due until 30 days after the completion of the audit by the state agency.
1.26Before any interest payment is made, the vendor must invoice the state agency for such
1.27interest. For construction contracts, "receipt of an invoice" means a payment estimate or
1.28payment application has been approved by the engineer or architect, as applicable, provided
1.29the estimates and applications are made at regular intervals as specified in the contract.
2.1(b) The rate of interest paid by the agency on undisputed bills not paid within 30
2.2days shall be 1-1/2 percent per month or any part thereof.
2.3(c) All interest penalties and collection costs must be paid from the agency's current
2.4operating budget. No agency may seek to increase its appropriation for the purpose of
2.5obtaining funds to pay interest penalties or collection costs.
2.6(d) Any vendor who prevails in a civil action to collect interest penalties from a state
2.7agency shall be awarded its costs and disbursements, including attorney's fees, incurred
2.8in bringing the actions.
2.9(e) No interest penalties may accrue against an agency that delays payment of a bill
2.10due to a disagreement with the vendor; provided, that the dispute must be settled within 30
2.11days after the bill became overdue. Upon the resolution of the dispute, the agency must
2.12pay the vendor accrued interest on all proper invoices for which payment was not received
2.13within the applicable time limit contained in subdivision 3. No interest penalties accrue
2.14against an agency for claims made by a contractor under a construction contract.
2.15(f) The minimum monthly interest penalty payment that a state agency shall pay a
2.16vendor for the unpaid balance for any one overdue bill equal to or in excess of $100 is
2.17$10. For unpaid balances of less than $100, the state agency shall pay the actual penalty
2.18due to the vendor.

2.19    Sec. 2. Minnesota Statutes 2012, section 161.32, subdivision 1f, is amended to read:
2.20    Subd. 1f. Best-value alternative. As an alternative to the procurement method
2.21described in subdivisions 1a to 1e, the commissioner may issue a request for proposals and
2.22award the contract to the vendor or contractor offering the best value as described in section
2.2316C.28, subdivision 1 , paragraph (a), clause (2), and paragraph (c). If the commissioner
2.24uses a multistage procurement process, the commissioner must reject any vendor or
2.25contractor submission received after the deadline established in the solicitation document.

2.26    Sec. 3. Minnesota Statutes 2012, section 161.32, subdivision 5, is amended to read:
2.27    Subd. 5. Default by contractor. In cases where work is being done under contract
2.28and the commissioner finds that the contractor has failed to comply within 60 days the
2.29period specified in the contract from the date of receipt of a written demand to make
2.30arrangements, satisfactory to the commissioner, to correct specified delays, neglect, or
2.31default, within the control of the contractor, the commissioner may negotiate with others,
2.32with the approval of the defaulting contractor's surety, for the completion of the contract
2.33according to the terms and provisions of the contract.

3.1    Sec. 4. Minnesota Statutes 2012, section 161.3209, subdivision 2, is amended to read:
3.2    Subd. 2. Phase 1 - request for proposals. (a) The commissioner shall prepare
3.3or have prepared an RFP for each construction manager/general contractor contract as
3.4provided in this section. The RFP must contain, at a minimum, the following elements:
3.5(1) the minimum qualifications of the construction manager/general contractor;
3.6(2) the procedures for submitting proposals and the criteria for evaluation of
3.7qualifications and the relative weight for each criteria;
3.8(3) the form of the contract to be awarded;
3.9(4) the scope of intended construction work;
3.10(5) a listing of the types of preconstruction services that will be required;
3.11(6) an anticipated schedule for commencing and completing the project;
3.12(7) any applicable budget limits for the project;
3.13(8) the requirements for insurance, statutorily required performance, and payment
3.14bonds;
3.15(9) the requirements that the construction manager/general contractor provide a
3.16letter from a surety or insurance company stating that the construction manager/general
3.17contractor is capable of obtaining a performance bond and payment bond covering the
3.18estimated contract cost;
3.19(10) the method for how construction manager/general contractor fees for the
3.20preconstruction services contract will be negotiated;
3.21(11) a statement that past performance or experience does not include the exercise
3.22or assertion of a person's legal rights; and
3.23(12) any other information desired by the commissioner.
3.24(b) Before receiving any responses to the RFP:
3.25(1) the commissioner shall appoint a technical review committee of at least five
3.26individuals, of which one is a Department of Transportation manager who is also a
3.27licensed professional engineer in Minnesota;
3.28(2) the technical review committee shall evaluate the construction manager/general
3.29contractor proposals according to criteria and subcriteria published in the RFP and
3.30procedures established by the commissioner. The commissioner shall, as designated in
3.31the RFP, evaluate construction manager/general contractor proposals on the basis of best
3.32value as defined in section 16C.05, or using the qualifications-based selection process set
3.33forth in section 16C.095, except that subdivision 1 of section 16C.095 shall not apply. If
3.34the commissioner does not receive at least two proposals from construction managers,
3.35the commissioner may:
3.36(i) solicit new proposals;
4.1(ii) revise the RFP and thereafter solicit new proposals using the revised RFP;
4.2(iii) select another allowed procurement method; or
4.3(iv) reject the proposals; and
4.4(3) the technical review committee shall evaluate the responses to the request for
4.5proposals and rank the construction manager/general contractor based on the predefined
4.6criteria set forth in the RFP in accordance with paragraph (a), clause (2).
4.7(c) Unless all proposals are rejected, the commissioner shall conduct contract
4.8negotiations for a preconstruction services contract with the construction manager/general
4.9contractor with the highest ranking. If the construction manager/general contractor with the
4.10highest ranking declines or is unable to reach an agreement, the commissioner may begin
4.11contract negotiations with the next highest ranked construction manager/general contractor.
4.12(d) Before issuing the RFP, the commissioner may elect to issue a request for
4.13qualifications (RFQ) and short-list the most highly qualified construction managers/general
4.14contractors. The RFQ must include the procedures for submitting statements of
4.15qualification, the criteria for evaluation of qualifications, and the relative weight for each
4.16criterion. The statements of qualifications must be evaluated by the technical review
4.17committee. The commissioner must reject any statement of qualifications not received
4.18by the deadline established in the RFQ.

4.19    Sec. 5. Minnesota Statutes 2012, section 161.3420, subdivision 4, is amended to read:
4.20    Subd. 4. Evaluation. The selection team shall evaluate the design-build
4.21qualifications of responding firms and shall compile a short list of no more than five most
4.22highly qualified firms in accordance with qualifications criteria described in the request for
4.23qualifications (RFQ). If only one design-build firm responds to the RFQ or remains on the
4.24short list, the commissioner may readvertise or cancel the project as the commissioner
4.25deems necessary. The commissioner must reject any response to the RFQ not received
4.26by the deadline established in the RFQ.

4.27    Sec. 6. Minnesota Statutes 2012, section 161.3426, subdivision 1, is amended to read:
4.28    Subdivision 1. Award; computation; announcement. Except as provided in
4.29subdivision 2, a design-build contract shall be awarded as follows:
4.30(a) The Technical Review Committee shall score the technical proposals using the
4.31selection criteria in the request for proposals (RFP). The Technical Review Committee
4.32shall then submit a technical proposal score for each design-builder to the commissioner.
4.33The Technical Review Committee shall reject any proposal it deems nonresponsive, and
4.34must reject any proposal not received by the deadline established in the RFP.
5.1(b) The commissioner shall announce the technical proposal score for each
5.2design-builder and shall publicly open the sealed price proposals and shall divide each
5.3design-builder's price by the technical score that the Technical Review Committee has
5.4given to it to obtain an adjusted score. The design-builder selected must be that responsive
5.5and responsible design-builder whose adjusted score is the lowest.
5.6(c) If a time factor is included with the selection criteria in the RFP package, the
5.7commissioner may also adjust the bids using a value of the time factor established
5.8by the commissioner. The value of the time factor must be expressed as a value per
5.9day. The adjustment must be based on the total time value. The total time value is the
5.10design-builder's total number of days to complete the project multiplied by the factor. The
5.11time-adjusted price is the total time value plus the bid amount. This adjustment must be
5.12used for selection purposes only, and must not affect the Department of Transportation's
5.13liquidated damages schedule or incentive or disincentive program. An adjusted score
5.14must then be obtained by dividing each design-builder's time-adjusted price by the score
5.15given by the technical review team. The commissioner shall select the responsive and
5.16responsible design-builder whose adjusted score is the lowest.
5.17(d) Unless all proposals are rejected, the commissioner shall award the contract
5.18to the responsive and responsible design-builder with the lowest adjusted score. The
5.19commissioner shall reserve the right to reject all proposals.

5.20    Sec. 7. Minnesota Statutes 2012, section 161.3426, subdivision 4, is amended to read:
5.21    Subd. 4. Low-bid design-build process. (a) The commissioner may also use
5.22low-bid, design-build procedures to award a design-build contract where the scope of
5.23the work can be clearly defined.
5.24(b) Low-bid design-build projects may require a request for qualifications (RFQ)
5.25and short-listing, and must require a request for proposals (RFP). If an RFQ is used, the
5.26commissioner must reject any statement of qualifications not received by the deadline
5.27established in the RFQ.
5.28(c) Submitted proposals under this subdivision must include separately a technical
5.29proposal and a price proposal. The commissioner must reject any technical proposal
5.30or price proposal not received by the deadline established in the RFP. The low-bid,
5.31design-build procedures must follow a two-step process for review of the responses to
5.32the RFP as follows:
5.33(1) The first step is the review of the technical proposal by the Technical Review
5.34Committee as provided in section 161.3420, subdivision 2. The Technical Review
5.35Committee must open the technical proposal first and must determine if it complies with
6.1the requirements of the RFP and is responsive. The Technical Review Committee may not
6.2perform any ranking or scoring of the technical proposals.
6.3(2) The second step is the determination of the low bidder based on the price
6.4proposal. The commissioner may not open the price proposal until the review of the
6.5technical proposal is complete.
6.6(d) The contract award under low-bid, design-build procedures must be made to the
6.7proposer whose sealed bid is responsive to the technical requirements as determined by
6.8the Technical Review Committee and that is also the lowest bid.
6.9(e) A stipulated fee may be paid for unsuccessful bids on low-bid, design-build
6.10projects only when the commissioner has required an RFQ and short-listed the most
6.11highly qualified responsive bidders.

6.12    Sec. 8. Minnesota Statutes 2013 Supplement, section 161.44, subdivision 1a, is
6.13amended to read:
6.14    Subd. 1a. Periodic review. (a) The commissioner is encouraged to examine all real
6.15property owned by the state and under the custodial control of the department to decide
6.16whether any real property may be suitable for sale or some other means of disposal.
6.17(b) The commissioner may not sell or otherwise dispose of property under this
6.18subdivision unless: (1) an analysis has been performed of suitability of the property
6.19for bicycle or pedestrian facilities, which must take into account consider any relevant
6.20nonmotorized transportation plans or in the absence of such plans, demographic and
6.21development factors affecting the region; and (2) the analysis, demonstrates that (i) the
6.22property is not reasonably suitable for bicycle or pedestrian facilities, and (ii) there is not
6.23a likelihood of bicycle or pedestrian facility development involving the property; or (2)
6.24the use of the property for bicycle or pedestrian facilities is protected by deed restriction,
6.25easement, agreement, or other means.
6.26(c) The commissioner shall report the findings under paragraph (a) to the house
6.27of representatives and senate committees with jurisdiction over transportation policy
6.28and finance by March 1 of each odd-numbered year. The report may be submitted
6.29electronically, and is subject to section 3.195, subdivision 1.

6.30    Sec. 9. Minnesota Statutes 2012, section 162.06, subdivision 1, is amended to read:
6.31    Subdivision 1. Estimate. (a) By December 15 of each year the commissioner shall
6.32estimate the amount of money that will be available to the county state-aid highway
6.33fund during that fiscal year. The amount available must be based on actual receipts from
6.34July 1 through October 31, at the time of the allocation calculation, the unallocated fund
7.1balance, and the projected receipts for the remainder of the fiscal year. The amount
7.2available, except for deductions as provided in this section, shall be apportioned by the
7.3commissioner to the counties as provided in section 162.07.
7.4    (b) For purposes of this section, "amount available" means the amount estimated in
7.5paragraph (a).

7.6    Sec. 10. Minnesota Statutes 2012, section 162.12, subdivision 1, is amended to read:
7.7    Subdivision 1. Estimate of accruals. By December 15 of each year the
7.8commissioner shall estimate the amount of money that will be available to the municipal
7.9state-aid street fund during that fiscal year. The amount available is based on actual
7.10receipts from July 1 through October 31, at the time of the allocation calculation, the
7.11unallocated fund balance, and the projected receipts for the remainder of the fiscal year.
7.12The total available, except for deductions as provided herein, shall be apportioned by the
7.13commissioner to the cities having a population of 5,000 or more as hereinafter provided.

7.14    Sec. 11. Minnesota Statutes 2012, section 165.03, subdivision 3, is amended to read:
7.15    Subd. 3. County inventory and inspection records and reports. The county
7.16engineer shall maintain a complete inventory record of all bridges as set forth in subdivision
7.172, paragraph (b), clause (2), with the inspection reports thereof, and shall certify annually
7.18to the commissioner, as prescribed by the commissioner, that inspections have been made
7.19at regular intervals, not to exceed the intervals outlined in subdivision 1a. A report of the
7.20inspections must be filed annually, on or before February 15 of each year, with the county
7.21auditor or town clerk, or the governing body of the municipality. The report must contain
7.22recommendations for the correction of or identify any deficiency requiring action, including
7.23the legal posting of load limits or the need to have a load rating analysis performed, on any
7.24bridge or structure that is found to be understrength or unsafe. The report may also contain
7.25other recommendations for improving the safety of understrength or unsafe bridges.

7.26    Sec. 12. Minnesota Statutes 2012, section 165.12, subdivision 1, is amended to read:
7.27    Subdivision 1. Duty Authority of county when town fails. (a) Notwithstanding
7.28any law to the contrary, a county has the following authority regarding town bridges
7.29within its jurisdictional boundaries.
7.30(b) When it becomes necessary to reconstruct or repair a bridge on any town road
7.31in any town or upon any town line in this state, and the bridge is unsafe for travel or has
7.32been condemned by the proper authorities, and the town or towns charged with the duty of
7.33maintaining the bridge fail, neglect, or omit to construct, reconstruct, or repair the same or
8.1provide for the expense or cost of so constructing, reconstructing, or repairing the same, as
8.2identified in the report provided to the town or towns under section 165.03, subdivision
8.33, the county board of the county in which the town or towns are located shall have the
8.4power and authority to reconstruct and repair the bridge upon giving notice to the town
8.5board of the town or towns of its intention to do so and fixing a time and place for a
8.6hearing as to the necessity and advisability of the reconstruction or repair.
8.7(c) If a load rating analysis is required and has not been performed within 90 days of
8.8the date the report required in section 165.03, subdivision 3, was delivered to the town,
8.9the county is authorized to perform the analysis. Before it performs an analysis on a
8.10town bridge, the county shall notify the town or towns that if the town or towns do not
8.11perform the analysis within 90 days the county will perform the analysis and bill the
8.12town or towns for all related expenses. If the town performs the analysis, a copy shall
8.13be provided to the county engineer. If the county performs the analysis, a copy shall be
8.14provided to the town clerk.
8.15(d) If a load rating analysis determines a new or different load posting is required on
8.16a town bridge, the town or towns charged with the duty of maintaining the bridge shall
8.17provide the required posting within 30 days. If the town or towns fail to provide the
8.18required posting, the county is authorized to provide the required posting. Before posting
8.19a load limit on a town bridge, the county shall notify the town or towns that if the town
8.20or towns do not provide the posting within 30 days the county will provide the required
8.21posting and bill the town or towns for all related expenses, unless the town or towns and
8.22the county agree to post the bridge in less than 30 days and at an agreed-upon cost.
8.23(e) If a bridge constitutes a critical risk to public safety because its deficiencies, if
8.24not immediately corrected, could result in collapse or partial collapse, the county engineer
8.25is authorized to immediately close the bridge. The bridge shall remain closed until the
8.26necessary steps are taken to remove the threat of collapse or partial collapse, or until a
8.27subsequent inspection determines the issues resulting in closure are resolved. The county
8.28may bill the town or towns for all related expenses.
8.29(f) A county is not liable for a town's or towns' failure to act as required by this
8.30section or section 165.03.

8.31    Sec. 13. Minnesota Statutes 2013 Supplement, section 169.19, subdivision 1, is
8.32amended to read:
8.33    Subdivision 1. Turning at intersection. The driver of a vehicle intending to turn
8.34at an intersection shall do so as follows:
9.1(a) Except as otherwise provided in this paragraph, both the approach for a right turn
9.2and a right turn shall be made as close as practicable to the right-hand curb or edge of the
9.3roadway. When necessary to accommodate vehicle configuration, a driver is permitted to
9.4make a right turn into the farthest lane of a roadway with two or more lanes in the same
9.5direction in order to make a U-turn at a reduced conflict intersection, if it is safe to do so.
9.6(b) Approach for a left turn on other than one-way roadways shall be made in that
9.7portion of the right half of the roadway nearest the centerline thereof, and after entering
9.8the intersection the left turn shall be made so as to leave the intersection to the right of the
9.9centerline of the roadway being entered. Whenever practicable the left turn shall be made
9.10in that portion of the intersection to the left of the center of the intersection.
9.11(c) Approach for a left turn from a two-way roadway into a one-way roadway shall
9.12be made in that portion of the right half of the roadway nearest the centerline thereof and
9.13by passing to the right of such centerline where it enters the intersection.
9.14(d) A left turn from a one-way roadway into a two-way roadway shall be made
9.15from the left-hand lane and by passing to the right of the centerline of the roadway being
9.16entered upon leaving the intersection.
9.17(e) Where both streets or roadways are one way, both the approach for a left turn and
9.18a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
9.19(f) Local authorities in their respective jurisdictions may cause markers, buttons, or
9.20signs to be placed within or adjacent to intersections and thereby require and direct that a
9.21different course from that specified in this section be traveled by vehicles turning at an
9.22intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall
9.23turn a vehicle at an intersection other than as directed and required by such markers,
9.24buttons, or signs.
9.25(g) Whenever it is necessary for the driver of a motor vehicle to cross a bicycle
9.26lane adjacent to the driver's lane of travel to make a turn, the driver shall first signal the
9.27movement, then drive the motor vehicle into the bicycle lane prior to making the turn,
9.28but only after it is safe to do so. The driver shall then make the turn consistent with any
9.29traffic markers, buttons, or signs, yielding the right-of-way to any vehicles or bicycles
9.30approaching so close thereto as to constitute an immediate hazard.

9.31    Sec. 14. Minnesota Statutes 2012, section 169.19, subdivision 2, is amended to read:
9.32    Subd. 2. U-turn. No vehicle shall be turned so as to proceed in the opposite
9.33direction upon any curve, or upon the approach to or near the crest of a grade, where
9.34such the vehicle cannot be seen by the driver of any other vehicle approaching from
9.35either direction within 1,000 feet, nor shall the driver of a vehicle turn the vehicle so as to
10.1proceed in the opposite direction unless the movement can be made safely and without
10.2interfering with other traffic. When necessary to accommodate vehicle configuration on a
10.3roadway with two or more lanes in the same direction, a driver may turn the vehicle into
10.4the farthest lane and temporarily use the shoulder to make a U-turn.

10.5    Sec. 15. Minnesota Statutes 2012, section 169.781, subdivision 10, is amended to read:
10.6    Subd. 10. Exemption Exemptions. (a) This section does not apply to a vehicle
10.7operated by a motor carrier of passengers, as defined in section 221.012, subdivision 26,
10.8if the vehicle has been inspected under section 221.0252, subdivision 3, paragraph (a),
10.9clause (2), within the previous 12 months.
10.10    (b) This section does not apply to a covered farm vehicle, as defined in Code of
10.11Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
10.12a type or quantity that requires the vehicle to be placarded in accordance with Code of
10.13Federal Regulations, title 49, section 172.504.

10.14    Sec. 16. Minnesota Statutes 2012, section 169.782, subdivision 4, is amended to read:
10.15    Subd. 4. Exceptions. (a) With the exception of subdivision 2, paragraph (a), clause
10.16(2), this section does not apply to a commercial motor vehicle that is a farm truck that may
10.17be operated by a person not holding a commercial driver's license.
10.18(b) This section does not apply to a commercial motor vehicle held for resale by a
10.19motor vehicle dealer licensed under section 168.27.
10.20(c) This section does not apply to a covered farm vehicle as defined in Code of
10.21Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
10.22a type or quantity that requires the vehicle to be placarded in accordance with Code of
10.23Federal Regulations, title 49, section 172.504.

10.24    Sec. 17. Minnesota Statutes 2012, section 169.865, subdivision 2, is amended to read:
10.25    Subd. 2. Seven-axle vehicles. (a) A road authority may issue an annual permit
10.26authorizing a vehicle or combination of vehicles with a total of seven or more axles to
10.27haul raw or unprocessed agricultural products and be operated with a gross vehicle weight
10.28of up to:
10.29    (1) 97,000 pounds; and
10.30    (2) 99,000 pounds during the period set by the commissioner under section 169.826,
10.31subdivision 1
.
10.32    (b) Drivers of vehicles operating under this subdivision must comply with driver
10.33qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code
11.1of Federal Regulations, title 49, parts 40 and, 382, and 391, unless exempt under section
11.2221.031, subdivision 2c.
11.3    (c) The fee for a permit issued under this subdivision is $500.

11.4    Sec. 18. Minnesota Statutes 2012, section 171.02, subdivision 2, is amended to read:
11.5    Subd. 2. Driver's license classifications, endorsements, exemptions. (a) Drivers'
11.6licenses are classified according to the types of vehicles that may be driven by the holder
11.7of each type or class of license. The commissioner may, as appropriate, subdivide the
11.8classes listed in this subdivision and issue licenses classified accordingly.
11.9    (b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no
11.10class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
11.11or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
11.12so endorsed. There are four general classes of licenses as described in paragraphs (c)
11.13through (f).
11.14    (c) Class D drivers' licenses are valid for:
11.15    (1) operating all farm trucks if the farm truck is:
11.16    (i) controlled and operated by a farmer, including operation by an immediate family
11.17member or an employee of the farmer;
11.18    (ii) used to transport agricultural products, farm machinery, or farm supplies,
11.19including hazardous materials, to or from a farm;
11.20    (iii) not used in the operations of a common or contract motor carrier as governed by
11.21Code of Federal Regulations, title 49, part 365; and
11.22    (iv) used within 150 miles of the farm;
11.23    (2) notwithstanding paragraph (b), operating an authorized emergency vehicle, as
11.24defined in section 169.011, subdivision 3, whether or not in excess of 26,000 pounds
11.25gross vehicle weight;
11.26    (3) operating a recreational vehicle as defined in section 168.002, subdivision 27,
11.27that is operated for personal use;
11.28    (4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
11.29more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
11.30the driver, and vehicles that carry hazardous materials;
11.31    (5) notwithstanding paragraph (d), operating a type A school bus or a multifunction
11.32school activity bus without a school bus endorsement if the requirements of subdivision 2a
11.33are satisfied, as determined by the commissioner;
11.34    (6) operating any vehicle or combination of vehicles when operated by a licensed
11.35peace officer while on duty; and
12.1    (7) towing vehicles if:
12.2    (i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
12.3    (ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
12.4the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.; and
12.5    (8) operating a covered farm vehicle as defined in Code of Federal Regulations,
12.6title 49, section 390.5, that is not carrying hazardous materials of a type or quantity that
12.7requires the vehicle to be placarded in accordance with Code of Federal Regulations,
12.8title 49, section 172.504.
12.9    (d) Class C drivers' licenses are valid for:
12.10    (1) operating class D motor vehicles;
12.11    (2) with a hazardous materials endorsement, operating class D vehicles to transport
12.12hazardous materials;
12.13    (3) with a passenger endorsement, operating buses; and
12.14    (4) with a passenger endorsement and school bus endorsement, operating school
12.15buses.
12.16    (e) Class B drivers' licenses are valid for:
12.17    (1) operating all class C motor vehicles, class D motor vehicles, and all other
12.18single-unit motor vehicles including, with a passenger endorsement, buses; and
12.19    (2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
12.20    (f) Class A drivers' licenses are valid for operating any vehicle or combination of
12.21vehicles.

12.22    Sec. 19. Minnesota Statutes 2012, section 171.03, is amended to read:
12.23171.03 PERSONS EXEMPT.
12.24    The following persons are exempt from license hereunder:
12.25    (a) A person in the employ or service of the United States federal government is
12.26exempt while driving or operating a motor vehicle owned by or leased to the United
12.27States federal government.
12.28    (b) A person in the employ or service of the United States federal government is
12.29exempt from the requirement to possess a valid class A, class B, or class C commercial
12.30driver's license while driving or operating for military purposes a commercial motor
12.31vehicle for the United States federal government if the person is:
12.32    (1) on active duty in the U. S. Coast Guard;
12.33    (2) on active duty in a branch of the U. S. armed forces, which includes the Army,
12.34Air Force, Navy, and Marine Corps;
12.35    (3) a member of a reserve component of the U. S. armed forces; or
13.1    (4) on active duty in the Army National Guard or Air National Guard, which
13.2includes (i) a member on full-time National Guard duty, (ii) a member undergoing
13.3part-time National Guard training, and (iii) a National Guard military technician, who is a
13.4civilian required to wear a military uniform.
13.5The exemption provided under this paragraph does not apply to a U. S. armed forces
13.6reserve technician.
13.7    (c) A person operating a covered farm vehicle as defined in Code of Federal
13.8Regulations, title 49, section 390.05, that is not carrying hazardous materials of a type
13.9or quantity that requires the vehicle to be placarded in accordance with Code of Federal
13.10Regulations, title 49, section 172.504, is exempt from the requirement to possess a valid
13.11class A or class B commercial driver's license.
13.12    (c) (d) Any person while driving or operating any farm tractor or implement of
13.13husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
13.14vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined
13.15in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
13.16subdivision 7
, are not implements of husbandry.
13.17    (d) (e) A nonresident who is at least 15 years of age and who has in immediate
13.18possession a valid driver's license issued to the nonresident in the home state or country
13.19may operate a motor vehicle in this state only as a driver.
13.20    (e) (f) A nonresident who has in immediate possession a valid commercial driver's
13.21license issued by a state or jurisdiction in accordance with the standards of Code of
13.22Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
13.23commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
13.24    (f) (g) Any nonresident who is at least 18 years of age, whose home state or country
13.25does not require the licensing of drivers may operate a motor vehicle as a driver, but only for
13.26a period of not more than 90 days in any calendar year, if the motor vehicle so operated is
13.27duly registered for the current calendar year in the home state or country of the nonresident.
13.28    (g) (h) Any person who becomes a resident of the state of Minnesota and who has
13.29in possession a valid driver's license issued to the person under and pursuant to the laws
13.30of some other state or jurisdiction or by military authorities of the United States may
13.31operate a motor vehicle as a driver, but only for a period of not more than 60 days after
13.32becoming a resident of this state, without being required to have a Minnesota driver's
13.33license as provided in this chapter.
13.34    (h) (i) Any person who becomes a resident of the state of Minnesota and who has in
13.35possession a valid commercial driver's license issued by another state or jurisdiction in
14.1accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
14.2for not more than 30 days after becoming a resident of this state.
14.3    (i) (j) Any person operating a snowmobile, as defined in section 84.81, is exempt.
14.4(j) (k) A railroad operator, as defined in section 169.035, subdivision 4, paragraph
14.5(a), is exempt while operating a railroad locomotive or train, or on-track equipment while
14.6being operated upon rails. This exemption includes operation while crossing a street or
14.7highway, whether public or private.

14.8    Sec. 20. Minnesota Statutes 2013 Supplement, section 174.12, subdivision 2, is
14.9amended to read:
14.10    Subd. 2. Transportation economic development accounts. (a) A transportation
14.11economic development account is established in the special revenue fund under the
14.12budgetary jurisdiction of the legislative committees having jurisdiction over transportation
14.13finance. Money in the account may be expended only as appropriated by law. The account
14.14may not contain money transferred or otherwise provided from the trunk highway fund.
14.15(b) A transportation economic development account is established in the trunk
14.16highway fund. The account consists of funds donated, allotted, transferred, or otherwise
14.17provided to the account. Money in the account may be used only for trunk highway
14.18purposes. All funds in the account available prior to August 1, 2013, are available until
14.19expended.

14.20    Sec. 21. Minnesota Statutes 2012, section 174.37, subdivision 6, is amended to read:
14.21    Subd. 6. Expiration. Notwithstanding section 15.059, subdivision 5, the committee
14.22expires June 30, 2014 2018.

14.23    Sec. 22. Minnesota Statutes 2012, section 221.031, is amended by adding a subdivision
14.24to read:
14.25    Subd. 2c. Exemptions for covered farm vehicles. (a) For the purposes of
14.26this subdivision, "covered farm vehicle" has the meaning given in Code of Federal
14.27Regulations, title 49, section 390.5.
14.28(b) A covered farm vehicle that is not carrying hazardous materials of a type or
14.29quantity that requires the vehicle to be placarded in accordance with Code of Federal
14.30Regulations, title 49, section 172.504, including the operator of the vehicle, is exempt
14.31from the federal regulations incorporated by reference in:
14.32(1) section 221.0314, subdivision 2, for driver qualifications;
14.33(2) section 221.0314, subdivision 9, for hours of service; and
15.1(3) section 221.0314, subdivision 10, for inspection, repair, and maintenance.

15.2    Sec. 23. Minnesota Statutes 2012, section 221.031, is amended by adding a subdivision
15.3to read:
15.4    Subd. 2d. Hours of service exemptions. The federal regulations incorporated in
15.5section 221.0314, subdivision 9, for maximum driving and on-duty time, do not apply to
15.6drivers engaged in intrastate transportation with a 150-air-mile radius from the source of
15.7the commodities or from the retail or wholesale distribution point of the farm supplies for:
15.8(1) agricultural commodities or farm supplies for agricultural purposes from March
15.915 to December 15 of each year; or
15.10(2) sugar beets from September 1 to May 15 of each year.

15.11    Sec. 24. Laws 2010, chapter 189, section 15, subdivision 12, is amended to read:
15.12
15.13
Subd. 12.Rochester Maintenance Facility
26,430,000
24,937,000
15.14This appropriation is from the bond proceeds
15.15account in the trunk highway fund.
15.16To prepare a site for and design, construct,
15.17furnish, and equip a new maintenance facility
15.18in Rochester.
15.19EFFECTIVE DATE.This section is effective the day following final enactment.

15.20    Sec. 25. Laws 2012, chapter 287, article 2, section 1, is amended to read:
15.21    Section 1. ROCHESTER MAINTENANCE FACILITY.
15.22$16,100,000 $17,593,000 is appropriated to the commissioner of transportation
15.23to design, construct, furnish, and equip the maintenance facility in Rochester and
15.24corresponding remodeling of the existing district headquarters building. This appropriation
15.25is from the bond proceeds account in the trunk highway fund.
15.26EFFECTIVE DATE.This section is effective the day following final enactment.

15.27    Sec. 26. Laws 2012, First Special Session chapter 1, article 1, section 28, is amended
15.28to read:
15.29    Sec. 28. TRANSFERS, REDUCTIONS, CANCELLATIONS, AND BOND
15.30SALE AUTHORIZATIONS REDUCED.
16.1(a) The remaining balance of the appropriation in Laws 2010, Second Special
16.2Session chapter 1, article 1, section 7, for the economic development and housing
16.3challenge program, estimated to be $450,000, is transferred to the general fund.
16.4(b) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
16.5section 5, for Minnesota investment fund grants pursuant to Minnesota Statutes, section
16.612A.07 , is reduced by $1,358,000.
16.7(c) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
16.8section 12, subdivision 2, for disaster enrollment impact aid pursuant to Minnesota
16.9Statutes, section 12A.06, is reduced by $30,000.
16.10(d) The appropriation in Laws 2010, Second Special Session chapter 1, article
16.111, section 12, subdivision 3, for disaster relief facilities grants pursuant to Minnesota
16.12Statutes, section 12A.06, is reduced by $392,000.
16.13(e) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
16.14section 12, subdivision 4, for disaster relief operating grants pursuant to Minnesota
16.15Statutes, section 12A.06, is reduced by $2,000.
16.16(f) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
16.17section 12, subdivision 5, for pupil transportation aid pursuant to Minnesota Statutes,
16.18section 12A.06, is reduced by $5,000.
16.19(g) The appropriation in Laws 2010, Second Special Session chapter 1, article 2,
16.20section 5, subdivision 3, for pupil transportation aid pursuant to Minnesota Statutes,
16.21section 12A.06, is reduced by $271,000.
16.22(h) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
16.23section 13, for public health activities pursuant to Minnesota Statutes, section 12A.08,
16.24is reduced by $103,000.
16.25(i) $1,428,000 $534,000 of the appropriation in Laws 2007, First Special Session
16.26chapter 2, article 1, section 4, subdivision 3, for reconstruction and repair of trunk
16.27highways and trunk highway bridges is canceled. The bond sale authorization in Laws
16.282007, First Special Session chapter 2, article 1, section 15, subdivision 2, is reduced
16.29by $1,428,000 $534,000.
16.30(j) $5,680,000 of the appropriation in Laws 2007, First Special Session chapter 2,
16.31article 1, section 4, subdivision 4, as amended by Laws 2008, chapter 289, section 2, for
16.32grants to local governments for capital costs related to rehabilitation and replacement of
16.33local roads and bridges damaged or destroyed by flooding pursuant to Minnesota Statutes,
16.34section 174.50, is canceled. The bond sale authorization in Laws 2007, First Special
16.35Session chapter 2, article 1, section 15, subdivision 3, is reduced by $5,680,000.
17.1(k) $2,133,000 of the appropriation in Laws 2010, Second Special Session chapter 1,
17.2article 1, section 4, subdivision 3, for local road and bridge rehabilitation and replacement
17.3pursuant to Minnesota Statutes, section 12A.16, subdivision 3, is canceled. The bond
17.4sale authorization in Laws 2010, Second Special Session chapter 1, article 1, section 17,
17.5subdivision 2, is reduced by $2,133,000.
17.6(l) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
17.7section 4, subdivision 2, for state road infrastructure operations and maintenance pursuant
17.8to Minnesota Statutes, section 12A.16, subdivision 1, is reduced by $819,000.

17.9    Sec. 27. Laws 2013, chapter 127, section 67, is amended to read:
17.10    Sec. 67. LEGISLATIVE ROUTE NO. 256 REMOVED.
17.11(a) Minnesota Statutes, section 161.115, subdivision 187, is repealed effective the
17.12day after the commissioner of transportation receives a copy of the agreement between
17.13the commissioner and the governing body of Blue Earth County and a copy of the
17.14agreement between the commissioner and the governing body of the city of Mankato to
17.15transfer jurisdiction of Legislative Route No. 256 and notifies the revisor of statutes
17.16under paragraph (b).
17.17(b) The revisor of statutes shall delete the route identified in paragraph (a) from
17.18Minnesota Statutes when the commissioner of transportation sends notice to the revisor
17.19electronically or in writing that the conditions required to transfer the route have been
17.20satisfied.

17.21    Sec. 28. REPEALER.
17.22(a) Minnesota Statutes 2012, section 161.115, subdivision 240, is repealed.
17.23(b) Minnesota Statutes 2013 Supplement, section 221.0314, subdivision 9a, is
17.24repealed.
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