Section 1 (S.F. No. 1473, Sen. Carlson) changes the current private data classification of Department of Public Safety data related to a holder of a disability certificate.  Current law allows nonmedical data to be released to law enforcement agencies.  This section allows nonmedical private data on disability certificate holders to be released to employees or agents of cities and towns for the purposes of enforcement of disability parking laws.  This section is effective the day following final enactment.

Section 2 (S.F. No. 1461, Sen. Kent) classifies as nonpublic data a construction project schedule created by a vendor and submitted to or maintained by MnDOT from the time the project is advertised until it is awarded.

Section 3 (S.F. No. 1525, Sen. Champion) restricts the applicability of the section’s definition of “highway” in order to clarify that road authorities may issue drainage permits along right-of-way within their jurisdictions, including within a city.

Section 4 (S.F. No. 1525, Sen. Champion) strikes the description of the Mississippi River Trail bikeway.  The language is moved to a new subdivision 6 (section 6 in this bill).  The section now provides that MnDOT, in cooperation with road and trail authorities, shall identify state bikeways.

Section 5 (S.F. No. 1525, Sen. Champion) broadens the existing statute directing MnDOT to develop linkages between bikeways, striking references to specific bikeways.

Section 6 (S.F. No. 1525, Sen. Champion) establishes and describes the Mississippi River Trail bikeway from Itasca State Park, generally following the Mississippi River to the Iowa border.  This language is moved from subdivision 2 (section 4 in this bill).

Section 7 (S.F. No. 1525, Sen. Champion) establishes and describes the James L. Oberstar Memorial Bikeway, originating in St. Paul, and proceeding north to Minnesota’s boundary with Canada.

Section 8 (S.F. No. 1525, Sen. Champion) provides that if the Commissioner of Transportation sets goals for targeted group business participation in contracts, the prime contractor is required, as a condition of receiving the award, either to meet the goal or to demonstrate good faith efforts to meet the goal.  The commissioner must establish a procedure to evaluate contractors’ good faith efforts when they do not achieve the goal.  This section strikes the waiver process that is currently available when qualified small targeted group businesses are not reasonably available.

Section 9 (S.F. No. 1525, Sen. Champion) is similar to section 8, but applies to goals for prime contractors in subcontracting with veteran-owned small businesses. 

Section 10 (S.F. No. 1525, Sen. Champion) relates to the targeted group business program and veteran-owned small business program, and provides that contract awards under these programs may be subject to rules of the Commissioner of Administration at the election of the Commissioner of Transportation.  Current language is mandatory, not permissive.

Section 11 (S.F. No. 1921, Sen. Pederson) changes the statute relating to drive-away in-transit licenses so that an eligible applicant must have a business located in Minnesota.  The section strikes the current limitation to use of the plate only in Minnesota, so that the plate can be used wherever the vehicle is transported. 

Section 12 (S.F. No. 1039, Sen. Metzen) allows a deputy registrar to retain records and documents in a secure electronic medium, beginning at least 60 days after the transaction, subject to the commissioner’s standards.  The deputy registrar must pay all costs of converting to and maintaining an electronic system.

Section 13 (S.F. No. 1393, Sen. Kent) provides that a driver who does not obey a flagger in a work zone is guilty of a petty misdemeanor and must pay a $300 fine. The section allows a peace officer to cite a driver within four hours after the driver violated the law requiring obedience to a flagger in a work zone.  The section is effective August 1, 2015, and applies to violations committed on and after that date.

Section 14 (S.F. No. 1180, Sen. Carlson) expands the move-over law to include parked utility company vehicles with warning lights activated, so that a driver, in passing this type of vehicle, is required to move a lane away, if it is possible to do so.  In addition to its application to law enforcement vehicles, the law currently applies to freeway service patrol vehicles, road maintenance vehicles, and construction vehicles.

Section 15 (S.F. No. 1436, Sen. Hoffman) increases the allowable number of motorcycle headlamps from two to four, and makes technical statutory changes. The section is effective the day following final enactment.

Section 16 (S.F. No. 1052, Sen. Tomassoni) preserves the requirement that a commercial motor vehicle (CMV) driver inspect, at the end of the working day, each CMV that the driver operated that day.  However, the section removes the requirement of a written report of the inspection unless a defect or deficiency is discovered by or reported to the driver, or unless the CMV is used to carry passengers.  This section is effective the day following final enactment.

Section 17 (S.F. No. 1052, Sen. Tomassoni) limits the requirement of a pretrip inspection report review and safety verification to the first time a CMV is operated after a daily inspection report is completed, under section 16.  This section is effective the day following final enactment.

Section 18 (S.F. No. 1052, Sen. Tomassoni) clarifies that the only inspection requirement that applies to a driver operating a CMV that is a farm truck that may be operated by a person not holding a commercial driver’s license, is to determine, before operating the farm truck, that the vehicle is in safe driving condition.  This section is effective the day following final enactment.

Section 19 (S.F. No. 632, Sen. Eken) modifies the definition of “insurance identification card” in the section of statute on required proof of insurance while operating a vehicle.  It allows that the identification card may be in an electronic format. This section is effective the day following final enactment.

Section 20 (S.F. No. 632, Sen. Eken) provides that displaying proof of insurance to a peace officer by use of an electronic device does not constitute consent for a peace officer to access other contents of the device.  The policyholder who provides an electronic device to show proof of insurance assumes liability for damage to the device while in possession of the officer.  This section is effective the day following final enactment.

Section 21 (S.F. No. 1060, Sen. Jensen) provides that an aerodynamic device as described in federal regulations (extending five feet beyond the rear of the vehicle) is excluded from calculation of total vehicle length and semitrailer/trailer length for:  a single vehicle, a vehicle combination, and a recreational vehicle combination.

Section 22 (S.F. No. 1039, Sen. Metzen) allows a driver’s license agent to retain records and documents in a secure electronic medium, beginning at least 60 days after the transaction, subject to the commissioner’s standards.  The agent must pay all costs of converting to and maintaining an electronic system.

Section 23 (S.F. No. 858, Sen. Pederson) provides that when a local government unit is undergoing infrastructure expansion, it is eligible for a safe routes to school infrastructure grant only if it has adopted subdivision regulations requiring a developer to include safe routes to school infrastructure in new developments.

Section 24 (S.F. No. 918, Sen. Rest) prohibits Class I or Class II railroads from allowing operation of a train or locomotive carrying freight or passengers with a crew of fewer than two individuals, except for hostling and helper operations, remote control locomotives in yards, and as otherwise allowed by federal law. A violation of this section is a misdemeanor, and carries a minimum fine of $250 for a first violation, and $1,000 for a subsequent violation.  This section is effective August 1, 2015, and applies to violations on and after that date.

Section 25 (S.F. No. 1705, Sen. Dziedzic) clarifies terminology and scope of current statute on railroad corporation liability for certain types of damage.  Current language makes a railroad company responsible for damage caused by fire communicated by the locomotive engines.  New language includes fire spread from rolling stock or its contents and caused by spill, tear, discharge, or combustion of contents.

Section 26 (S.F. No. 1705, Sen. Dziedzic) clarifies a railroad’s liability for reasonable expenses of response to a fire, by specifying that the liability arises out of emergency response, not only fire response, and liability extends to emergency responders, local government entities, and nonprofit firefighting corporations.  “Reasonable response expenses” includes all expenses incurred by a fire department or emergency responder in supplying mutual aid assistance.

Section 27 (S.F. No. 1573, Sen. Jensen) prohibits a motor carrier from operating in intrastate commerce while a motor carrier out-of-service order issued under federal regulations by the Federal Motor Carrier Safety Administration is in effect.

Section 28 (S.F. No. 1573, Sen. Jensen) prohibits a motor carrier from operating in interstate commerce while a motor carrier out-of-service order issued under federal regulations by the Federal Motor Carrier Safety Administration is in effect.

Section 29 (S.F. No. 877, Sen. Sparks) is a new section of statute dealing with utilities crossing or paralleling railroad rights-of-way.

Subdivision 1 defines terms for the purpose of this section.

• “Crossing” is a utility facility being placed over, under, or across a railroad right-of-way, including longitudinal occupancy of railroad right-of-way.
• “Facility” is personal property over, across, or under for storing or conveying enumerated items or products.
• “Parallel” or “paralleling” refers to a utility facility running alongside railroad lines for up to one mile or another agreed-upon distance.
• “Railroad” means an entity that operates a common carrier by rail, manages crossings, or collects crossing fees.
• “Utility” means one of the enumerated entities.

Subdivision 2 applies this section to a crossing previously in existence but no longer subject to agreement.  In this case, if the $750 fee has been paid, no additional fee is due.  It also applies to a crossing commenced on or after August 1, 2015, the effective date of the section.

Subdivision 3 requires a utility that wants to cross or parallel a railroad right-of-way to complete a crossing application and submit it to the railroad by certified mail, return receipt requested, along with the required crossing fee and certificate of insurance.

Subdivision 4 allows the utility to begin construction of the crossing 30 days after the railroad has received the application, fee, and insurance certificate, unless the railroad has notified the utility in writing that the crossing would be a serious threat to the safe operation of the railroad or to the current use of the railroad right-of-way.

Subdivision 5 sets the standard fee for a utility to cross a railroad right-of-way at $750, in lieu of all other fees except for reimbursement to the railroad for any reasonable flagging expense associated with the crossing.  There is no fee if the crossing is within a public right-of-way. 

Subdivision 6 establishes minimum required levels of commercial general liability insurance for a municipality, for any other utility, and for a gas or hazardous materials pipeline utility.  The utility may choose an insurer when submitting a certificate of insurance.

Subdivision 7 allows the railroad to submit, by certified mail with return receipt requested, to the utility an objection to the proposed crossing, due to a threat to safe operations of the railroad.  If the parties, after good faith effort, cannot resolve the objection, either party may petition the Public Utilities Commission (PUC) to mediate or arbitrate the disputed crossing application.  The PUC must issue an order within 120 days and may assess costs of the petition equitably among the parties.  The order may be appealed.

Subdivision 8 allows the utility to resort to the PUC when the railroad imposes additional conditions, unrelated to safe operations of the railroad, on the utility.  The subdivision provides for notice and opportunity for hearing, after which the PUC must issue an order within 120 days, assessing costs equitably.  The order may be appealed.

Subdivision 9 provides that the railroad and utility may continue an existing agreement or otherwise negotiate a new agreement, notwithstanding this section.  The section does not prevent the utility from exercising eminent domain to create an easement.

Section 30 (S.F. No. 1574, Sen. Jensen) clarifies that the certification provided by the Commissioner of Public Safety (or by a state with a reciprocal agreement with the state of Minnesota) is the only certification required to escort an overdimensional load.

Section 31 (S.F. No. 1251, Sen. Rest) provides that a foreign or domestic railroad company may not exercise eminent domain power over a property interest of certain Hennepin County government agencies if the agency finds and resolves that public safety or first-responder access will be detrimentally affected by the railroad company taking.  The section has retroactive effect from March 2, 2015, and applies to any eminent domain action to acquire a property interest of any of the named entities.

Section 32 (S.F. No. 1128, Sen. Hawj) allows the city of St. Paul to adopt an ordinance restricting or prohibiting use of engine compression brakes on Interstate Highway 94 between Johnson Parkway and Trunk Highway 52.  The Commissioner of Transportation will erect the signs, and the city of St. Paul will pay signage costs. The section is effective the day after final enactment.

Section 33 (S.F. No. 1525, Sen. Champion) removes Legislative Route No. 275 from the trunk highway system when the Commissioner of Transportation and Lac qui Parle County finalize a turnback agreement.

Section 34 (S.F. No. 1525, Sen. Champion) allows for an alternative eminent domain damages appraisal process before the Office of Administrative Hearings (instead of through a commissioners’ hearing) for up to five transportation projects selected by MnDOT.  All parties must agree before the alternative process may be utilized.  This section expires June 30, 2017.

Section 35 (S.F. No. 1647, Sen. Dibble) directs the Commissioner of Transportation, in consultation with local government representatives, to adopt a policy, by September 1, 2015, concerning cost participation for cooperative construction and maintenance projects.  The policy must minimize the local cost share, while complying with constitutional restrictions on use of the trunk highway fund.  The section is effective the day following final enactment.

Section 36 (S.F. No. 898, Sen. Schmit) directs the Commissioner of Transportation, by August 15, 2016, in collaboration with city and county engineers, to establish and adopt new design standards to apply consistently to similar roads on all road systems.  The commissioner must present an interim report to the legislative transportation committees by March 15, 2016, and a final report of the new standards by August 15, 2016.  The section is effective the day following final enactment.

Section 37 (S.F. No. 1039, Sen. Metzen) directs the Commissioner of Public Safety, by August 1, 2015, to establish standards for conversion by deputy registrars and driver’s license agents to a system of secure electronic storage for records.  The standards must specify minimum system security requirements and procedural requirements for destruction of paper records.  This section is effective the day following final enactment.