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| S.F. No. 3223 - Transportation Omnibus Policy Bill
(Third Engrossment) | |
| Author: | Senator Steve Murphy |
| Prepared by: | Bonnie Berezovsky, Senate Counsel (651/296-9191)
Krista Boyd, Fiscal Analyst (651/296-7681) |
| Date: | April 17, 2008 |
Article 1 - Transportation Policy
Section 1 [SF No. 2642 - Sen. Moua] adds a definition of "mail" to the law that establishes the Safe at Home program, which provides data protections for victims of violence.
Section 2 [SF No. 2642 - Sen. Moua] amends the required contents of applications to include consent from the eligible person for the Secretary of State to confirm participation in Safe at Home program to a third party who provides certain required information.
Section 3 [SF No. 2642 - Sen. Moua] amends the data classification to provide that a consent for the release of the address is not effective. New provisions are added allowing data sharing with the Bureau of Criminal Apprehension and law enforcement agencies under specified circumstances.
Section 4 [SF No. 2991 - Sen. Murphy] classifies MnDOT's audio recordings of meetings with design build proposers as protected nonpublic data with regard to data not on individuals and as confidential data on individuals. The recordings are public when the project is awarded.
Section 5 [SF No. 2642 - Sen. Moua] adds references to the Safe At Home program in a data privacy section, and adds data maintained by the Bureau of Criminal Apprehension or law enforcement agencies to the data classified in connection with the Safe At Home program.
Section 6 [SF No. 3058 - Sen. Rest] defines "dynamic shoulder lane" in the "Roads" chapter of statute as a freeway shoulder on which the Commissioner of Transportation may allow operation of certain vehicles at certain times.
Section 7 [SF No. 3058 - Sen. Rest] establishes authority to charge user fees on dynamic shoulder lanes and high-occupancy vehicle lanes.
Subdivision 1 declares this section to be exempt from the laws that govern user fees on high-occupancy vehicle lanes.
Subdivision 2 authorizes the commissioner to charge variable user fees for single-occupant vehicles on dynamic shoulder lanes and high-occupancy vehicle lanes. Before implementing user fees, the commissioner must consult with the Metropolitan Council and obtain any necessary federal authorizations. Fees under this section are not subject to the law that requires fee increases to be approved by the Legislature.
Subdivision 3 creates an I-35W high occupancy vehicle and dynamic shoulder lane account in the special revenue fund. Revenues from fees authorized in subdivision 2 are deposited in the account and appropriated to the commissioner. The fees must be allocated as follows:
In the first year, the commissioner must use fee revenue to pay for operation and administration of the fee collection system, up to $1 million. Any remaining money is transferred to the Metropolitan Council for transit capital and service improvement in the I-35W corridor.
Subdivision 4 exempts the commissioner from compliance with:
Procedures for adopting exempt rules;
Statutory provisions governing toll facilities; and
Municipal consent.
Subdivision 5 declares it to be a petty misdemeanor traffic offense to operate a vehicle in a designated high-occupancy vehicle lane or dynamic shoulder lane except in compliance with the commissioner's requirements.
Subdivision 6 authorizes the commissioner to designate dynamic shoulder lanes on freeways, and to operate them as priced lanes, general purpose lanes, or shoulders. The commissioner must erect signs to show appropriate use of the lanes.
This section has an immediate effective date.
Section 8 [SF No. 2991 - Sen. Murphy] requires the commissioner to pay reasonable compensation to Technical Review Committee members who are not public employees and to include at least two state employees on the Technical Review Committee at the level of administrative engineer or higher.
Section 9 [SF No. 2991 - Sen. Murphy] requires inclusion in the RFQ of a reference to "other criteria used in the RFQ evaluation process" as not including the exercise of legal rights.
Section 10 [SF No. 2991 - Sen. Murphy] requires the Technical Review Committee, rather than the selection team, to evaluate design build qualifications of firms responding to the RFQ.
Section 11 [SF No. 2991 - Sen. Murphy] removes a requirement that a design build RFP include relative order of each criterion. The weight of each criterion must still be specified, along with a new requirement to specify the weight of each subcriterion. The RFP must now include a statement that "past performance," "experience," or other criteria used in the RFP evaluation process does not include exercise of legal rights.
Section 12 [SF No. 2991 - Sen. Murphy] makes several changes to the law on project award, computation, and announcement. The section:
requires the Technical Review Committee to reject any nonresponsive proposal for a
design build project. Current law states that the committee shall reject any proposal "it deems nonresponsive";
requires the design builder selected for a project valued in excess of $10 million to have
the lowest adjusted score that does not exceed 110 percent of the lowest price submitted by a responsive, responsible design builder;
requires the commissioner to state the value of the time factor in the RFP if time is a
selection criterion;
prohibits the commissioner from limiting proposers' award protest rights; and
requires the commissioner to delay execution of the contract until seven days after the
project is awarded, the scoring data are disclosed, and the successful proposal is publicly identified.
Section 13 [SF No. 2991 - Sen. Murphy] provides that any increases to the stipulated fee must be made only by the commissioner, who must publicly announce the reasons for any change. The stipulated fee must be paid without any conditions other than those stated in law.
Section 14 [SF No. 2991 - Sen. Murphy] requires the Technical Review Committee to reject any nonresponsive proposal in the low bid design build process. This section is effective immediately.
Section 15 [SF No. 3545 --Sen. Jungbauer] allows the Commissioner of Transportation to consider Insurance Institute for Highway Safety findings when designing safety improvements for trunk highways and state-aid projects.
Section 16 [SF No. 2938 - Sen. Doll] exempts two-wheeled motorized vehicles from the metropolitan county wheelage tax authorized under current law. The section specifically exempts motorized bicycles, electric-assisted bicycles, and motorized foot scooters. Motorcycles are already exempt under current law.
Section 17 [SF No. 3412 - Sen. Erickson Ropes and SF No. 3545 - Sen. Jungbauer] includes medium-speed electric vehicles in the definition of "passenger automobile" in the chapter on vehicle registration. The section also amends the definition of "passenger vehicle" for vehicle registration purposes, providing that a pickup truck or van with a gross vehicle weight rating of 9,000-13,000 pounds is not taxed as a passenger vehicle if it is used in furtherance of a commercial enterprise and not regulated by the state or federal government as a commercial vehicle. This "passenger vehicle" definition change is effective for vehicles with a registration period beginning after March 1, 2011.
Section 18 [SF No. 3545 - Sen. Jungbauer] change the definition of "special mobile equipment." The new language clarifies the definition, removes examples, and removes concrete pumps and street-sweeping vehicles from the class of special mobile equipment, not subject to vehicle registration provisions. This change is effective for vehicles with a registration period beginning after March 1, 2009.
Section 19 amends the law that establishes exemptions from vehicle registration taxes as follows:
[SF No. 2580, Sen. Prettner Solon] exempts vehicles owned by nonprofit charities from payment of vehicle registration tax and fees, if the vehicles are used exclusively for disaster response and related activities.
[SF No. 3419, Sen. Larson] allows each state hospital and institution for mentally ill persons to have one unmarked vehicle, and county social service agencies to have unmarked vehicles for child and vulnerable adult protective services. These unmarked vehicles must be registered and display passenger vehicle license plates (not marked "tax exempt"), which the commissioner must furnish at cost. The hospital or agency administrator must certify to the commissioner that the vehicles will be used exclusively for official duties of the hospital or agency.
Section 20 [SF No. 3545 - Sen. Jungbauer] provides that spotter trucks are not taxed as motor vehicles and are exempt from vehicle registration requirements. This section is effective immediately and expires June 30, 2013.
Section 21 [SF No. 3545 - Sen. Jungbauer] provides that concrete pumps and street-sweeping vehicles are taxed at 15 percent of the Minnesota base rate schedule, and requires these vehicles to display distinctive plates. This section is effective for vehicles with a registration period beginning after March 1, 2009.
Section 22 [SF No. 2204 - Sen. Scheid] allows the commissioner to issue a second set of disability plates to a vehicle owner if issuance is approved by the state Council on Disability. Current law allows only one set of plates, unless all motor vehicles are modified and used exclusively by a permanently physically disabled person.
Section 23 [SF No. 2204 - Sen. Scheid] makes a technical change in disability plate provisions.
Section 24 [SF No. 3080 - Sen. Doll] allows for the issuance of a 60-day permit for vehicles on their first registration period, if the license plates being applied for are certain special license plates. The vehicle would not be required to display another license plate during this period, as long as the special plate is applied for and all registration tax, fees and other taxes have been paid.
Section 25 [SF No. 2077 - Sen. Tomassoni] authorizes the issuance of Bronze Star Vet and Silver Star Vet special license plates.
Section 26 [SF No. 2365 - Sen. Rest] authorizes the issuance of Minnesota sesquicentennial plates, for a fee of $10 and a minimum contribution of $25 to the Minnesota Sesquicentennial Commission. The section also authorizes the issuance of novelty plates for a fee of $5 per plate and a $25 minimum contribution to the Sesquicentennial Commission.
Section 27 [SF No. 3191 - Sen. Cohen] directs the Commissioner of Public Safety to issue American Red Cross plates to a registered vehicle owner who pays a $10 fee and contributes at least $25 to the American Red Cross disaster preparedness and relief account.
Section 28 [SF No. 3383 - Sen. Olseen] amends the statute requiring an owner of a vehicle with a gross vehicle weight of more than 10,000 pounds to report its USDOT carrier number at registration. The bill removes an outdated exemption in current law, and adds exemptions for the following vehicles:
(1) farm trucks not used in interstate commerce;
(2) vehicles not used in intrastate or interstate commerce; and
(3) vehicles owned and used solely for transaction of official business by federal or state
government or any political subdivision.
Section 29 [SF No. 3336 - Sen. Foley] prohibits a motor vehicle dealer or lessor from selling/leasing a motor vehicle that does not meet statutory glazing material requirements.
Section 30 [SF No. 3545 - Sen. Jungbauer] imposes a penalty on special mobile equipment used to transport persons or property on the public streets. The penalty is equal to one year's registration tax.
Section 31 [SF No. 3545 - Sen. Jungbauer] conforms the definition of "special mobile equipment" in the vehicle title chapter to the definition of special mobile equipment in the vehicle registration chapter.
Section 32 [SF No. 3545 - Sen. Jungbauer] exempts spotter trucks from the requirement of a title certificate, effective immediately and expiring June 30, 2013.
Section 33 [SF No. 3412 - Sen. Erickson Ropes] requires medium-speed electric vehicles to be titled, except that the registrar of motor vehicles shall not title a medium-speed electric vehicle that lacks a vehicle identification number and for which a manufacturer's certificate of origin has not been issued.
Section 34 [SF No. 3223 - Sen. Dibble] authorizes disposal of a vehicle impounded outside the cities of Minneapolis and St. Paul, before the statutory 45 days after notice to owner, if the registered owner voluntarily transfers title in writing to the impound lot operator. This transfer is a waiver by the owner of any right, title, and interest in the vehicle.
Section 35 [SF No. 3223 - Sen. Dibble] clarifies that the notice by the unit of government or impound lot operator to the impounded vehicle's owner and lienholders must be a written notice and must advise, among other things already in statute, that failure to reclaim vehicle contents constitutes a waiver of claim to the contents and consent to dispose of contents. The notice must also state that a vehicle owner who documents homelessness or eligibility for certain types of need-based relief, has an unencumbered right to retrieve any and all contents without charge.
Section 36 [SF No. 3223 - Sen. Dibble] contains a technical language change.
Section 37 [SF No. 3223 - Sen. Dibble] requires a unit of government or impound lot operator to establish reasonable procedures for retrieval of vehicle contents. A registered owner who documents homelessness or eligibility for certain need-based relief may, during the applicable waiting period, retrieve vehicle contents without charge. Any other registered owner may, during the applicable waiting period retrieve specified types of vehicle contents, including, for example, medicine, eyeglasses, and legal documents. The impound lot operator may return other contents, and must return legal documents to a person who is not the registered owner of the impounded vehicle.
Section 38 [SF No. 3223 - Sen. Dibble] allows the impound lot operator to dispose of or sell vehicle contents that are not reclaimed during applicable waiting periods.
Section 39 [SF No. 3223 - Sen. Dibble] extends the right to pursue a deficiency claim to public impound lot operators. However, if the vehicle owner is homeless or receives need-based relief, the impound lot operator cannot collect a deficiency against the owner, or even claim a deficiency if the owner's status is known to the impound lot operator.
Section 40 [SF No. 3314 - Sen. Bakk] requires deposit of license fees paid to the Commissioner of Public Safety under the International Fuel Tax Agreement in the vehicle services operating account in the special revenue fund. Current law requires these fees to be deposited in the highway user tax distribution fund.
Section 41 [SF No. 3314 - Sen. Bakk] requires deposit of charges paid to the commissioner for fuel decal or other identification in the vehicle services operating account in the special revenue fund. Current law requires these fees to be deposited in the highway user tax distribution fund.
Section 42 [SF No. 3561 - Sen. Olseen] amends the definition of "school bus" in the chapter on traffic regulations, to include multifunctional school activity bus, as defined by federal motor vehicle safety standards. Definitions of Type A, Type C, and multifunctional school activity bus definitions are amended.
Section 43 [SF No. 3545 - Sen. Jungbauer] defines "spotter truck" as a truck-tractor with a manufacturer's certification of origin "not for on-road use" specification, used exclusively for staging or shuttling trailers in a freight operation. This section is effective immediately and expires on June 30, 2013.
Section 44 [SF No. 3058 - Sen. Rest] amends the definition of "roadway" to include the shoulder when it is operated as a dynamic shoulder lane. This section is effective immediately.
Section 45 [SF No. 3502 - Sen. Skoe] includes a new definition of "implement of husbandry" in the traffic regulations chapter of statute, expanding it to include vehicles used for livestock-raising operations.
Section 46 [SF No. 3201 - Sen. Rest] amends, in the Traffic Regulations chapter of law, the definition of "hazardous materials" to incorporate citations to the current applicable federal definition.
Section 47 [SF No. 3058 - Sen. Rest] defines "dynamic shoulder lane" in the "Traffic Regulations" chapter of statute as a freeway shoulder on which the Commissioner of Transportation may allow operation of certain vehicles at certain times.
Section 48 [SF No. 3412 - Sen. Erickson Ropes] defines "medium-speed electric vehicle" as an electrically powered four-wheeled motor vehicle, equipped with a roll cage or crushproof body design, that can attain a maximum speed of 35 miles per hour, is fully enclosed and has at least one door for entry, has a wheelbase of 40 inches or greater and a wheel diameter of ten inches or greater, and otherwise meets or exceeds applicable federal regulations.
Section 49 [SF No. 3502 - Sen. Skoe] strikes exemptions for implements of husbandry passing another vehicle on the left of the roadway.
Section 50 [SF No. 3369 - Sen. Saltzman] requires the class D driver's education curriculum to include instruction on the duties of a driver when encountering a bicycle, other nonmotorized vehicles, or a pedestrian.
Section 51 [SF No. 3412 - Sen. Erickson Ropes] allows a medium-speed electric vehicle to be operated on public streets and highways if all equipment and vehicle safety requirements are met; prohibits use of the vehicle on a street or highway at speeds of greater than 35 miles an hour; allows a road authority to prohibit or restrict the use of the vehicle; and prohibits the use of the vehicle in taking a driver's examination.
Section 52 [SF No. 3545 - Sen. Jungbauer] allows spotter trucks to be operated on public streets within two miles of the freight operation where the vehicle is housed, if it complies with weight and load restrictions and meets inspection requirements. This section is effective immediately and expires June 30, 2013.
Section 53 [SF No. 3058 - Sen. Rest] provides that the operation of buses on dynamic shoulder lanes is not subject to the section of statute that permits use of shoulders by buses under certain circumstances. This section is effective immediately.
Section 54 [SF No. 3372 - Sen. Doll] states required elements in a permit program for long-term disability parking adopted by city ordinance:
meter enforcement;
(2) 50 percent discount on monthly contract parking fees and 50 percent reduction on the hourly rate in city lots and ramps for people who park in designated disability spaces; and
(3) issuance of a special needs permit to an employee with severe disability for all-day,
on-street parking with appropriate access.
Section 55 [SF No. 3535 - Sen. Olseen] creates the Office of Pupil Transportation Safety as a section under the State Patrol. The Commissioner of Public Safety must designate a director of pupil transportation.
Duties of the pupil transportation safety director are current duties, as well as development of a consistent recordkeeping system to document school bus inspections, out-of-service vehicles, and driver files. The director must also conduct audits of selected school districts to check on compliance with statutory requirements. Any statutory violations documented in an audit must be reported to the Commissioners of Public Safety and Education.
The pupil transportation safety director must be a state trooper. In addition, the office must be staffed by a minimum of three troopers (one assigned to the metro, one to northern Minnesota, and one to southern Minnesota), and 15 school bus vehicle inspectors.
This section is effective immediately.
Section 56 [SF No. 2988 - Sen. Olseen] clarifies that the existing prohibition of cellular phone use while operating a school bus extends to school buses that are type A, B, C, D, or III, when driven by employees or agents of school districts. This section is effective on August 1, 2008.
Section 57 [SF No. 3369 - Sen. Saltzman] requires the Commissioner of Public Safety to adopt rules that require a minimum of 30 minutes of instruction on pupil transportation laws and penalties for violation. Public school driver training programs are now included in this requirement.
Section 58 [SF No. 3502 - Sen. Skoe, and SF No. 3542 - Sen. Jungbauer] strikes exemptions from certain trailer brakes requirements for certain trailers and semitrailers. Exemptions from trailer brake requirements for self-propelled implements of husbandry are stricken and recodified in Minnesota Statutes, section 169.801. This section also lowers from 6,000 pounds to 3,000 pounds the weight threshold of trailers and semitrailers required to have brakes adequate to hold the trailer or semitrailer if it becomes detached from the towing vehicle.
Section 59 [SF No. 122 - Sen. Carlson] amends current law concerning use of child passenger restraint systems, by requiring drivers of vehicles equipped with seat belts to use approved child passenger restraints for children under the age of eight. Current law requires such restraints for children under the age of four.
Section 60 [SF No. 122 - Sen. Carlson] eliminates exceptions to the required use of child passenger restraint systems for taxis, airport limousines, and buses.
Section 61 [SF No. 16 - Sen. Murphy] changes the seat belt law in the following ways:
This section is effective June 9, 2008.
Section 62 [SF No. 3336 - Sen. Foley] makes the following changes in existing law concerning vehicle window glazing:
In order to be exempt from glazing law, vehicle windows must either conform with
federal motor vehicle standards or have been installed by a first stage manufacturer.
A prescription or statement of medical needs of the driver or passenger, in order to
justify noncompliance with glazing law, must state the minimum required reduction of light transmittance to satisfy the medical need, and must bear an expiration date that is no more than two years after the date of issuance.
Rear and side windows of a police vehicle are exempt from window glazing law.
Section 63 [SF No. 3545 - Sen. Jungbauer] includes spotter truck within the class of commercial motor vehicles subject to inspection requirements. This section is effective immediately and expires June 30, 2013.
Section 64 [SF No. 3545 - Sen. Jungbauer] requires a spotter truck to display a valid safety inspection decal or carry proof of compliance with federal inspection requirements. This section is effective immediately and expires June 30, 2013.
Section 65 [SF No. 3419 - Sen. Larson] requires license plates to be displayed horizontally, with identifying numbers and letters facing outward, and mounted in upright position. This section also requires vehicles displaying tax exempt plates to have vehicle markings as specified in law, which include requirements to display the name of the state department or political subdivision, nonpublic high school operating a driver education program, licensed commercial driving school, or other qualifying organization or entity, plainly displayed on both sides of the vehicle.
Section 66 [SF No. 3502 - Sen. Skoe] recodifies and modifies statutory provisions relating to implements of husbandry:
Subdivision 1 strikes current exemptions for implements of husbandry from weight and load restrictions, to be replaced by provisions in this section.
Subdivision 2 subjects implements of husbandry to gross weight limitations when operating on a bridge, after December 31, 2009.
Subdivision 3 dealing with hitches for towed implements of husbandry, is unchanged.
Subdivision 4 subjects towed or self-propelled implements of husbandry to posted weight limits on bridges.
Subdivision 5 requires operators of oversized implements of husbandry to ensure that highway structures and overhead or adjacent fixtures are undamaged.
Subdivision 6 establishes a maximum speed limit of 30 miles per hour for towed and self-propelled implements of husbandry.
Subdivision 7 prohibits operation or towing or implements of husbandry on an interstate highway, and requires an escort vehicle to operate left of the center of a roadway.
Subdivision 8 requires implements of husbandry to have lights that comply with statute.
Subdivision 9 requires that implements of husbandry display slow-moving vehicle emblems.
Subdivision 10 specifies brake requirements for self-propelled and towed implements of husbandry.
Section 67 [SF No. 3502 - Sen. Skoe] updates a statutory reference to hitch and chain requirements for implements of husbandry.
Section 68 [SF No. 3502 - Sen. Skoe] requires a permit to operate overweight by ten percent during the harvest season increase period.
Section 69 [SF No. 3542 - Sen. Jungbauer] subjects a truck or vehicle combination with a gross vehicle weight exceeding 10,000 pounds (current minimum is 12,000 pounds) to truck weight enforcement operations.
Section 70 [SF No. 3223 - Sen. Dibble] authorizes issuance of permits to tow truck owners to exceed length and weight limits when towing a disabled vehicle to a place of repair. The permit fee is $300/owner. One permit fee covers all vehicles owned by the permit applicant allows a towing vehicle, with a $300 annual permit, to operate oversize and overweight when towing a damaged vehicle to a place of repair or safekeeping.
Section 71 [SF No. 3549 - Sen. Stumpf] establishes special canola hauling vehicle permits.
Subdivision 1 allows the Commissioner of Transportation to issue a permit for a vehicle that is a combination of vehicles, has a maximum gross vehicle weight of 105,500 pounds, complies with required axle weight and tire weight limits, and is operated only in Minnesota on specified routes. Seasonal weight increases do not apply to this vehicle.
Subdivision 2 states that the vehicle must comply with seasonal load restrictions and may not be operated on interstates or national network highways. The vehicle may operate on local roads only with approval of local authorities, except for reasonable access to terminals and to food, fuel, repairs, and rest facilities; and for continuity of route within one mile of the national network.
Subdivision 3 requires the permits to be annual permits, with a fee of $850 per vehicle. Revenues collected from the fees must be deposited in the trunk highway fund, from which an open appropriation is made to the commissioner for costs of administering the program.
Section 72 [Amendment, Murphy] allows two- and three-axle vehicles to exceed seasonal weight limitations when transporting heating oil or liquefied propane gas for heating use only.
Section 73 [SF No. 2988 - Sen. Olseen] clarifies that type III school buses are considered school buses for the purposes of Minnesota Statutes, chapter 169A (Driving While Impaired), effective August 1, 2008.
Section 74 [SF No. 3201 - Sen. Rest] amends, in the Drivers' Licenses chapter of law, the definition of "hazardous materials" to incorporate citations to the current applicable federal definition.
Section 75 [SF No. 3201 - Sen. Rest; SF No. 3561 - Sen. Olseen] requires a driver's licensee with a school bus endorsement to have a passenger endorsement as well. This section also amends the statute on driver's license classifications, allowing class D driver's license holders to operate type A-I school buses, including multifunctional school activity buses, without a school bus endorsement, effective retroactively to January 1, 2008.
Section 76 [SF No. 3561 - Sen. Olseen] allows a class D driver's license holder to operate a multifunctional school activity bus under conditions specified in current law for operation of a type A school bus, effective July 1, 2008.
Section 77 [SF No. 2988 - Sen. Olseen] authorizes holders of a class D driver's license to operate a type III bus without a school bus endorsement under the following conditions:
the driver is an employee of the entity that owns, leases, or contracts for the bus;
the driver's employer follows a policy for annual driver training and certification in specified areas;
a background check of the driver has been conducted;
the driver has submitted to a physical examination;
the driver's employer follows a policy of mandatory drug and alcohol testing for applicants and current operators;
the driver's license of the driver is verified annually;
the driver has not been convicted of certain DWI or test refusal violations in the previous five years;
the driver has not been convicted of specified violations relating to controlled substances or sex offenses;
the driver has not been convicted within the previous year of a fourth moving violation within three years of the first of three others;
the driver has reported to the employer, within ten days, a violation related to DWI,
test refusal, controlled substances, sex offenses, or repeated moving violations;
students on the bus have had safety training;
the driver's employer has documented meeting all requirements of this subdivision and maintains the files for inspection;
the type III school bus has a current certificate of inspection; and
a school employee who does not regularly operate a type III school bus may operate a type III bus with a class D license and no school bus endorsement, exempt from requirements of background check, physical examination, drug/alcohol testing, annual license verification, and mandatory reporting of convictions.
This section is effective September 1, 2008.
Section 78 [SF No. 3201 - Sen. Rest] exempts military commercial vehicle drivers from a commercial driver's license requirement whether or not the vehicle is owned by or leased to the federal government. Current law affords the exemption only for the operation of vehicles owned by or leased to the federal government.
Section 79 [SF No. 16 - Sen. Murphy] strikes language that is redundant and inconsistent with primary seat belt law in the section of law pertaining to drivers with instruction permits.
Section 80 [SF No. 16 - Sen. Murphy; SF No. 1605 - Sen. Neuville] strikes language that is redundant and inconsistent with primary seat belt law in the section of law pertaining to drivers with provisional licenses. Further, it establishes restrictions on provisional license (under 18) holders:
For the first six months, no under-20 passengers outside immediate family;
For the second six months, not more than three under-20 passengers outside
immediate family;
For the first six months, no driving between 12 midnight and 5:00 a.m. except
between home and work, between home and a school event for which the school has not provided transportation, for work purposes, or accompanied by a licensed driver at least 25 years old.
Section 81 [SF No. 2642 - Sen. Moua] amends driver's license statutes to allow a Safe at Home participant to use a designated address rather than residence address on a driver's license application.
Section 82 [SF No. 2642 - Sen. Moua] amends driver's license statutes to allow a Safe at Home participant to use a designated address rather than residence address on a driver's license.
Section 83 [SF No. 2642 - Sen. Moua] allows a Safe at Home participant to use a designated address rather than residence address on identification card documents.
Section 84 [SF No. 3369 - Sen. Saltzman] requires the commissioner to include pupil transportation laws in the driver's license examination.
Section 85 [SF No. 3369 - Sen. Saltzman] requires the commissioner to include pupil transportation laws in the driver's manual.
Section 86 [SF No. 3201 - Sen. Rest] directs the commissioner to disqualify a person from operating commercial motor vehicles after an implied consent revocation, for a period equivalent in duration to federal regulations pertaining to DWI or test refusal convictions.
Section 87 [SF No. 3201 - Sen. Rest] requires a commercial motor vehicle operator to notify Driver and Vehicle Services, within 30 days, of a criminal or traffic violation (other than a parking violation) committed in another state in any vehicle. Notification of a traffic violation of a Minnesota law, committed in any vehicle, must be given by the commercial vehicle operator to the operator's employer within 30 days of the conviction. Notification must be in writing and contain identification information and information about the offense.
Section 88 [SF No. 3201 - Sen. Rest] requires an employee within the meaning of federal regulations (a commercial vehicle operator) to report to the person's employer within one business day any suspension, revocation, or cancellation of a Minnesota driver's license, or any disqualification in any jurisdiction of the right to operate a commercial motor vehicle.
Section 89 [SF No. 3615 - Sen. Carlson] authorizes the Commissioner of Public Safety to suspend a driver's license without hearing when the licensee is a registered owner of an automobile and who personally, or by an agent, attempted to pay vehicle registration taxes, fees, or motor vehicle sales tax, with a dishonored personal check. The suspension continues until the amount due is paid.
Section 90 [SF No. 3257, Sen. Latz) makes it a misdemeanor for a person to drive after license suspension that was imposed solely because of unpaid fines or failure to appear in court.
Section 91 [SF No. 3189, Sen. Latz] adds revocation for any person, including a juvenile, for a controlled substance offense, to the types of revocation that trigger the testing requirement and payment of a $30 fee as conditions for reinstatement.
Section 92 [SF No. 3561 - Sen. Olseen] clarifies that the requirement that schools and contractors verify driver's licenses of employee drivers applies also to drivers of multifunctional school activity buses.
Section 93 [SF No. 2925 - Sen. Saltzman] directs the Commissioner of Transportation to appoint a deputy commissioner/chief engineer, who must be a licensed professional engineer. The commissioner may establish three (instead of the current four) unclassified positions at the deputy and assistant commissioner level.
Section 94 [SF No. 2502, Sen. Latz] requires MnDOT to consider prioritizing metropolitan area trunk highway projects based on availability of federal funding. This section is effective January 1, 2009.
Section 95 [SF No. 2695 - Sen. Olseen] directs the Commissioner of Transportation to develop a transit service needs implementation plan, which must include specific analyses and calculations. The goal must be to meet at least 80 percent of unmet transit needs in greater Minnesota by July 1, 2015, and at least 90 percent by July 1, 2025. This section is effective immediately.
Section 96 [SF No. 2695 - Sen. Olseen] requires the Commissioner of Transportation to report to the Legislature annually by February 15 on transit services outside the metropolitan area. The report must cover specified areas, and include information on the state of and needs of the public transit participation program.
Section 97 [SF No. 3224 - Sen. Dibble] directs the Commissioner of Transportation to establish an advisory committee on nonmotorized transportation, to make recommendations to the commissioner on safety, education, and development. "Nonmotorized transportation" includes, but is not limited to, bicycling and pedestrian activities. The committee must issue an annual report to the commissioner. The committee does not expire.
Section 98 [SF No. 3201 - Sen. Rest] defines in the Motor Carriers chapter of statutes, "out of service order" by adopting the federal definition.
Section 99 [SF No. 3201 - Sen. Rest] adds railroad-highway grade crossing violations to the violations for which the commissioner may issue an administrative order and impose civil penalties.
Section 100 [SF No. 3201 - Sen. Rest] allows the commissioner to assess a penalty against a commercial vehicle driver's employer who knowingly allows an employee to operate the vehicle in violation of an out-of-service order or a railroad highway grade crossing law.
Section 101 [SF No. 3201 - Sen. Rest] clarifies the enforcement powers of transportation and hazardous material program specialists to include police power to place commercial vehicle drivers out of service.
Section 102 [SF No. 3314 - Sen. Bakk] adds references to the chapter on motor carrier fuel tax in the section that governs the vehicle services operating account. This section is effective retroactively from August 1, 2005, for fees collected on or after that date.
Section 103 [SF No. 3201 - Sen. Rest] authorizes the State Patrol to enforce the North American uniform out of service criteria and issue out of service orders.
Section 104 [SF No. 3201 - Sen. Rest] authorizes patrol employees who are not troopers to enforce the North American uniform out of service criteria and issue out of service orders.
Section 105 [SF No. 2007 - Sen. Carlson] requires the seller of a motor vehicle to disclose to the buyer if the vehicle has sustained damage which exceeds 60 percent of its actual cash value. Current law requires notification if damage exceeds 70 percent of cash value.
Section 106 [SF No. 2007 - Sen. Carlson] substitutes "60" for "70" percent in the section that governs form of damage disclosure to the vehicle buyer.
Section 107 [SF No. 16 - Sen. Murphy] establishes a $25 court surcharge for seat belt violations. The current statutory surcharge for traffic violations is $72, except for parking violations, which carry a $4 surcharge
Section 108 [SF No. 16 - Sen. Murphy] distributes the surcharge for seat belt violations as follows: one percent to the game and fish fund for enforcement training, 39 percent to the peace officers training account, and 60 percent to the general fund.
Section 109 [SF No. 2695 - Sen. Olseen] directs the Metropolitan Council to include, in its annual performance evaluation report update, an assessment of progress toward meeting transit goals for people with disabilities. This section is effective immediately.
Section 110 [Committee Amendment - Sen. Doll] defines "off-peak hours" for bus service for purposes of determining a city or town's eligibility for assistance under the Metropolitan Council's replacement service program. The section does not prevent a local governmental unit from providing public transit service that extends outside the metropolitan transit taxing district.
Section 111 [Committee Amendment - Sen. Dibble] extends the transit taxing district to include the entire metropolitan area.
Section 112 [Committee Amendment - Sen. Dibble] deletes an obsolete reference to the transit taxing district.
Section 113 [Committee Amendment - Sen. Murphy] amends a section of 1976 Laws to remove a reference to the advisory committee on bicycling. That committee is the predecessor to the advisory committee on nonmotorized transportation, which is created in this bill.
Section 114 [SF No. 2990 - Sen. Dahle] eliminates prohibitions imposed by law on the Metropolitan Council, Commissioner of Transportation, and regional rail authorities on studying and planning for the Dan Patch commuter rail line between Northfield and Minneapolis. This section is effective the day after final enactment.
Section 115 [Committee Amendment - Sen. Murphy] requires the Commissioner of Transportation to ensure that any improvement of the Lafayette Bridge must include footings that are compatible with the possibility of future transit.
Section 116 [SF No. 2695 - Sen. Olseen] requires MnDOT and the Metropolitan Council to create required reports on transit needs and goals within current appropriation levels.
Section 117 [SF No. 2755 - Sen. Dahle] requires the Commissioner of Public Safety to grant a variance by May 31, 2008, to the State Bank of New Prague to move its office of deputy registrar within the city limits of New Prague from Scott County to Le Sueur County. The office retains full authority to function as a registration and vehicle tax collection deputy registrar. This move must take place by December 31, 2008. This section has an immediate effective date.
Section 118 [SF No. 3058 - Sen. Rest] directs the Commissioner of Transportation, in conjunction with the Metropolitan Council, to report each January 15, from 2009, through 2014, to the chairs and ranking minority members of the legislative Transportation Committees concerning the state's participation in the urban partnership agreement. The report must include congestion reduction strategies, average traffic and congestion levels on affected roadways, transit usage, costs of participation and sources of funding, revenues and expenditures, user fees, and recommendations for further legislative action.
Section 119 [Amendment, Sen. Senjem] requires the Commissioner of Transportation to issue necessary permits to the city of Rochester to complete construction of an interchange at Trunk Highway 52 and 65th Street NW. The cost of this interchange must be paid by the city of Rochester. The state will pay the cost of the 55th Street NW interchange.
Section 120 [SF No. 3069 - Sen. Michel] requires the Commissioner of Public Safety to issue, on request of the 2008 U.S. Women's Open Committee, a minimum of 250 special temporary permits for display on passenger vehicles donated for the open championship by the vehicle manufacturer. The permits are valid from the date of issuance until July 4, 2008.
Section 121 [SF No. 2408, Sen. Dibble] allows the city of Minneapolis to restrict or prohibit the use of engine brakes on I-394 from Penn Avenue to downtown.
Section 122 [Committee Amendment - Sen. Bakk] provides for a road construction project contract award.
Subdivision 1 provides that this section applies to a specific project on Trunk Highway 53 and intersecting and adjoining local roads.
Subdivision 2 directs the commissioner of transportation promptly to obtain a federal commitment to provide funds for the Trunk Highway 53 project.
Subdivision 3 requires St. Louis County and the cities of Duluth and Hermantown to execute necessary documents, including cooperative construction agreements.
Subdivision 4 directs the commissioner to award a contract for the project to the lowest bidder among the bids that were previously submitted. The contract will reflect revised contract time, project staging, and modifications.
Subdivision 5 requires the lowest bidder to execute the awarded contract within ten days after the contract is awarded. Failure to execute within ten days and to waive claims arising out of previous delay will allow the commissioner to readvertise for bids and award the contract under the statutory process.
Subdivision 6 allows the commissioner to amend the project according to standard specifications, but the unit price provided in the lowest bid received on January 25, 2008, must remain the same.
Subdivision 7 requires the commissioner to proceed with the project, unless the federal government declines to provide federal funding.
Subdivision 3 is effective when the governing bodies of the affected local government units give local approval. The remainder of the section is effective the day after final enactment.
Section 123 [SF No. 3161 - Sen. Sheran] turns back Legislative Routes Nos. 295 and 335 (Trunk Highways 295 and 333) to the city of St. Peter. These routes will be deleted from statute when the Commissioner of Transportation notifies the Revisor of Statutes that the transfer conditions have been satisfied.
Section 124 [SF No. 3502 - Sen. Skoe] requires the Commissioner of Transportation to investigate and recommend infrastructure adaptations to implement manure application technologies to lessen impacts on roads and bridges.
Section 125 [SF No. 3535 - Sen. Olseen] requires the Commissioner and Director of Pupil Transportation Safety to report to the legislative Transportation Committees by January 15, 2009, concerning funding, staffing, and recommended legislation. This section is effective immediately.
Section 126 [SF No. 3545 - Sen. Jungbauer] requires the Commissioner of Transportation, in cooperation with the Metropolitan Council and representatives of local governments, to study the benefits, feasibility, and costs of adopting a complete streets policy applicable to construction of streets and roads. The section specifies the required elements of the complete street policy and requires a report to the legislative Transportation Committees by December 5, 2008.
Section 127 [SF No. 3402 - Sen. Skogen] requires the Commissioner of Transportation to transfer 1.1 miles of trunk highway right-of-way to the state rail bank, in order to provide a continuous corridor for the Central Lakes Trail in Otter Tail County.
Section 128 [SF No. 3535 - Sen. Olseen] appropriates $1 million from the trunk highway fund to the Commissioner of Public Safety to implement and operate the Office of Pupil Transportation Safety. This section is effective immediately.
Section 129 repeals:
Article 2 - Transportation Development
Amendments to Laws 2008, Chapter 152
Section 1 modifies the section that redistributes the flexible highway account within the five percent of the highway user tax distribution fund to include transfers or turnbacks, highway safety improvements, and statewide routes of regional significance. That portion of the flexible account that is attributable to revenues increased in the bill is dedicated 100 percent for fiscal years 2010 and 2011 and 75 percent thereafter to the metropolitan routes of regional significance account.
Section 2 establishes the metropolitan routes of regional significance account. Money is for metropolitan counties for county highways with statewide or regional significance. The money is allocated among the seven counties based on relative population. The three most populous cities in the metropolitan area are excluded for purposes of determining relative population.
Section 3 defines "excess sum" for purposes of the flexible highway account. (This language was stricken in section 1 and moved to its own subdivision.) Excess sum is the amount attributable to the increase in the motor fuel taxes, the change in the vehicle registration tax, and the motor vehicle sales tax increase.
Section 4 changes the effective date for the vehicle registration tax changes. The amendment is technical and clarifying.
Section 5 dedicates the 50 percent of the motor vehicle lease sales tax proceeds dedicated to transportation, to the metropolitan routes of regional significance account (see section 2) rather than to the CSAH fund to be allocated among the metropolitan counties by population.
Section 6 contains a technical change in the value capture study provision, extending the availability of the appropriation to Center for Transportation Studies to fiscal year 2010.
Section 7 contains a technical change and adds a subdivision to clarify the statutory basis for administration of the debt service surcharge. The debt service surcharge does not apply in calculating the qualifying service station credit.
Section 8 amends the state road construction bonding appropriation section as follows:
Allows the $40 million interchange appropriation to be available for intersections as well as interchanges that meet the same requirements; and
Allows the amount available for bridges to be used for reasonable approaches.
Section 9 makes one change to the metropolitan area sales tax, by deleting the unnecessary term "Metropolitan County."
Section 10 inserts a change in the limitation on a county regional railroad authority from contributing more than ten percent of capital costs of a light rail or commuter rail transit project. It allows a county to continue a light rail transit project commitment made before October 2, 2008, as part of an application for federal funds, and is adjusted downward to ten percent or below for the succeeding application for federal funds.
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