91st Legislature, 2019 1st Special Session
2019, 1st Special Session
Minnesota Session Laws - 2019, 1st Special Session
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Statutes New, Amended or Repealed (Table 2)
History and Authors
CHAPTER 3--H.F.No. 6
relating to transportation; establishing a budget for transportation; appropriating money for transportation purposes, including Department of Transportation, Metropolitan Council, and Department of Public Safety activities; providing grants to deputy registrars; requiring the purchase and implementation of a vehicle title and registration system to replace the Minnesota Licensing and Registration System (MNLARS); modifying various fees and surcharges; establishing committees and task forces; establishing accounts; modifying various provisions governing transportation policy and finance; making technical changes; requiring reports;
amending Minnesota Statutes 2018, sections 3.972, by adding subdivisions; 13.46, subdivision 2; 13.72, subdivision 10; 80E.13; 161.115, subdivisions 46, 111; 161.14, subdivision 16, by adding subdivisions; 161.32, subdivision 2; 168.013, subdivisions 1a, 3, 21; 168.10, subdivisions 1g, 1h; 168.105, subdivision 5; 168.12, subdivisions 2, 2b, 2c, 2d, 2e, 2g, 5; 168.121, subdivision 1; 168.123, subdivision 1; 168.1235, subdivision 1; 168.1255, subdivision 1; 168.1256, subdivision 1; 168.128, subdivision 2; 168.1282, subdivision 1; 168.1291, subdivision 4; 168.1294, subdivisions 1, 6; 168.1295, subdivision 1; 168.1296, subdivision 1; 168.1297, subdivision 1; 168.1298, subdivision 1; 168.1299, subdivision 1; 168.27, by adding subdivisions; 168.327, subdivisions 4, 5; 168.33, subdivisions 7, 8a; 168.346, subdivision 1; 168.62, subdivision 3; 168A.02, subdivision 1; 168A.085, by adding a subdivision; 168A.12, subdivision 2; 168A.17, by adding a subdivision; 168A.29, subdivision 1; 169.011, subdivision 64, by adding subdivisions; 169.14, subdivision 5, by adding a subdivision; 169.18, subdivisions 1, 7, 8, 10; 169.20, subdivision 7, by adding a subdivision; 169.26, subdivisions 1, 4; 169.28; 169.29; 169.442, subdivision 5, by adding a subdivision; 169.443, subdivision 2; 169.448, subdivision 1; 169.4503, subdivisions 5, 13, by adding a subdivision; 169.55, subdivision 1; 169.57, subdivision 3; 169.58, by adding a subdivision; 169.64, subdivisions 3, 8, by adding a subdivision; 169.71, subdivisions 1, 4, by adding a subdivision; 169.81, by adding subdivisions; 169.8261, subdivision 2; 169.829, subdivision 4; 169.864; 169.865, subdivisions 1, 2, by adding a subdivision; 171.01, by adding subdivisions; 171.041; 171.06, subdivisions 2, 3; 171.07, by adding a subdivision; 171.12, by adding a subdivision; 174.03, by adding a subdivision; 174.12, subdivision 8; 174.24, subdivision 2; 174.57; 221.031, by adding a subdivision; 299A.12, subdivisions 1, 2, 3; 299A.13; 299A.14, subdivision 3; 299A.705; 360.013, by adding a subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.024; 360.062; 360.063, subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, subdivision 9, by adding a subdivision; 473.386, subdivision 3; 473.388, subdivision 4a; 473.39, subdivision 6, by adding a subdivision; 574.26, subdivision 1a; Laws 1994, chapter 643, section 15, subdivision 8; Laws 2014, chapter 312, article 11, section 38, subdivisions 5, 6; Laws 2018, chapter 101, section 3, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 161; 169; 171; 299D; 360; repealing Minnesota Statutes 2018, sections 3.972, subdivision 4; 161.1419, subdivision 8; 299A.12, subdivision 4; 299A.18; 360.063, subdivision 4; 360.065, subdivision 2; 360.066, subdivisions 1a, 1b; Laws 2018, chapter 101, section 3, subdivision 2.
TRANSPORTATION FINANCE
TRANSPORTATION APPROPRIATIONS.
The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the trunk highway fund, or another named fund, and are available for the fiscal years indicated for each purpose. Amounts for "Total Appropriation" and sums shown in the corresponding columns marked "Appropriations by Fund" are summary only and do not have legal effect. Unless specified otherwise, the amounts in the second year under "Appropriations by Fund" show the base within the meaning of Minnesota Statutes, section 16A.11, subdivision 3, by fund. The figures "2020" and "2021" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively. "The first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The biennium" is fiscal years 2020 and 2021. "C.S.A.H." is the county state-aid highway fund. "M.S.A.S." is the municipal state-aid street fund. "H.U.T.D." is the highway user tax distribution fund.
Available for the Year
Ending June 30
Sec. 2.
Subdivision 1.
Total Appropriation
$ 3,018,863,000 $ 3,046,009,000
Appropriations by Fund
General 21,558,000 19,691,000
Airports 25,332,000 25,332,000
C.S.A.H. 833,413,000 846,606,000
M.S.A.S. 208,638,000 211,609,000
Trunk Highway 1,929,922,000 1,942,771,000
The appropriations in this section are to the commissioner of transportation. The amounts that may be spent for each purpose are specified in the following subdivisions.
Subd. 2.
Multimodal Systems
(a) Aeronautics
(1) Airport Development and Assistance 18,598,000 18,598,000
This appropriation is from the state airports fund and must be spent according to Minnesota Statutes, section 360.305, subdivision 4.
Notwithstanding Minnesota Statutes, section 16A.28, subdivision 6, this appropriation is available for five years after the year of the appropriation. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
If the commissioner of transportation determines that a balance remains in the state airports fund following the appropriations made in this article and that the appropriations made are insufficient for advancing airport development and assistance projects, an amount necessary to advance the projects, not to exceed the balance in the state airports fund, is appropriated in each year to the commissioner and must be spent according to Minnesota Statutes, section 360.305, subdivision 4. Within two weeks of a determination under this contingent appropriation, the commissioner of transportation must notify the commissioner of management and budget and the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance concerning the funds appropriated. Funds appropriated under this contingent appropriation do not adjust the base for fiscal years 2022 and 2023.
(2) Aviation Support and Services 8,289,000 8,304,000
Airports 6,654,000 6,654,000
Trunk Highway 1,635,000 1,650,000
(3) Civil Air Patrol 80,000 80,000
This appropriation is from the state airports fund for the Civil Air Patrol.
(b) Transit 18,801,000 18,181,000
Trunk Highway 902,000 932,000
$650,000 in fiscal year 2020 is from the general fund for assessment, analysis, and review of the project to extend Northstar Commuter Rail service to the city of St. Cloud.
(c) Safe Routes to School 500,000 500,000
This appropriation is from the general fund for the safe routes to school program under Minnesota Statutes, section 174.40.
(d) Passenger Rail 500,000 500,000
This appropriation is from the general fund for passenger rail system planning, alternatives analysis, environmental analysis, design, and preliminary engineering under Minnesota Statutes, sections 174.632 to 174.636.
(e) Freight 6,883,000 6,857,000
General 1,229,000 1,069,000
$160,000 in the first year is from the general fund for port development assistance grants under Minnesota Statutes, chapter 457A, to the Port Authority of Winona. Any improvements made with the proceeds of the grants must be publicly owned. This is a onetime appropriation and is available in the second year.
State Roads
(a) Operations and Maintenance 361,811,000 366,300,000
The base is $364,305,000 in fiscal year 2022 and $362,811,000 in fiscal year 2023.
(b) Program Planning and Delivery
(1) Planning and Research 32,529,000 30,950,000
General 1,062,000 0
Trunk Highway 31,467,000 30,950,000
The commissioner may use any balance remaining in this appropriation for program delivery under clause (2).
$1,062,000 in the first year is from the general fund for trunk highway corridor and bridge improvement studies, which may include evaluation of safety improvements on trunk highways and a feasibility study of river crossings that connect trunk highways.
$130,000 each year is available for administrative costs of the targeted group business program.
$266,000 each year is available for grants to metropolitan planning organizations outside the seven-county metropolitan area.
$900,000 each year is available for grants for transportation studies outside the metropolitan area to identify critical concerns, problems, and issues. These grants are available: (1) to regional development commissions; (2) in regions where no regional development commission is functioning, to joint powers boards established under agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission; and (3) in regions where no regional development commission or joint powers board is functioning, to the Department of Transportation district office for that region.
(2) Program Delivery 224,439,000 227,568,000
This appropriation includes use of consultants to support development and management of projects.
$1,000,000 in each year is available for management of contaminated and regulated material on property owned by the Department of Transportation, including mitigation of property conveyances, facility acquisition or expansion, chemical release at maintenance facilities, and spills on the trunk highway system where there is no known responsible party. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
(c) State Road Construction 939,295,000 924,282,000
This appropriation is for the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts, internal department costs associated with delivering the construction program, consultant usage to support these activities, and the cost of actual payments to landowners for lands acquired for highway rights-of-way, payment to lessees, interest subsidies, and relocation expenses.
The commissioner of transportation must notify the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance of any significant events that cause the estimates of federal aid to change.
This appropriation includes federal highway aid.
The commissioner may expend up to one-half of one percent of the federal appropriations under this paragraph as grants to opportunity industrialization centers and other nonprofit job training centers for job training programs related to highway construction.
The commissioner may transfer up to $15,000,000 each year to the transportation revolving loan fund.
The commissioner may receive money covering other shares of the cost of partnership projects. These receipts are appropriated to the commissioner for these projects.
(d) Corridors of Commerce 25,000,000 25,000,000
This appropriation is for the corridors of commerce program under Minnesota Statutes, section 161.088. The commissioner may use up to 17 percent of the amount each year for program delivery.
(e) Highway Debt Service 236,439,000 250,766,000
$226,939,000 in fiscal year 2020 and $241,266,000 in fiscal year 2021 are for transfer to the state bond fund. If this appropriation is insufficient to make all transfers required in the year for which it is made, the commissioner of management and budget must transfer the deficiency amount under the statutory open appropriation and notify the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance and the chairs of the senate Finance Committee and the house of representatives Ways and Means Committee of the amount of the deficiency. Any excess appropriation cancels to the trunk highway fund.
(f) Statewide Radio Communications 5,989,000 6,159,000
General 3,000 3,000
$3,000 in each year is from the general fund to equip and operate the Roosevelt signal tower for Lake of the Woods weather broadcasting.
(a) County State-Aid Roads 833,413,000 846,606,000
This appropriation is from the county state-aid highway fund under Minnesota Statutes, sections 161.081 and 297A.815, subdivision 3, and chapter 162, and is available until June 30, 2029.
If the commissioner of transportation determines that a balance remains in the county state-aid highway fund following the appropriations and transfers made in this paragraph, and that the appropriations made are insufficient for advancing county state-aid highway projects, an amount necessary to advance the projects, not to exceed the balance in the county state-aid highway fund, is appropriated in each year to the commissioner. Within two weeks of a determination under this contingent appropriation, the commissioner of transportation must notify the commissioner of management and budget and the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance concerning funds appropriated. The commissioner must identify in the next budget submission to the legislature under Minnesota Statutes, section 16A.11, any amount that is appropriated under this paragraph.
(b) Municipal State-Aid Roads 208,638,000 211,609,000
This appropriation is from the municipal state-aid street fund under Minnesota Statutes, chapter 162, and is available until June 30, 2029.
If the commissioner of transportation determines that a balance remains in the municipal state-aid street fund following the appropriations and transfers made in this paragraph, and that the appropriations made are insufficient for advancing municipal state-aid street projects, an amount necessary to advance the projects, not to exceed the balance in the municipal state-aid street fund, is appropriated in each year to the commissioner. Within two weeks of a determination under this contingent appropriation, the commissioner of transportation must notify the commissioner of management and budget and the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance concerning funds appropriated. The commissioner must identify in the next budget submission to the legislature under Minnesota Statutes, section 16A.11, any amount that is appropriated under this paragraph.
(a) Agency Services 54,190,000 54,701,000
General 311,000 316,000
$311,000 from the general fund in fiscal year 2020 and $316,000 from the general fund in fiscal year 2021, and $100,000 from the trunk highway fund in each of fiscal years 2020 and 2021, are to facilitate tribal training for state agencies.
The base from the general fund is $0 in each of fiscal years 2022 and 2023.
The base from the trunk highway fund is $53,069,000 in each of fiscal years 2022 and 2023.
(b) Buildings 42,869,000 48,448,000
General 54,000 54,000
Any money appropriated to the commissioner of transportation for building construction for any fiscal year before the first year is available to the commissioner during the biennium to the extent that the commissioner spends the money on the building construction projects for which the money was originally encumbered during the fiscal year for which it was appropriated. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
(c) Tort Claims 600,000 600,000
If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
(a) With the approval of the commissioner of management and budget, the commissioner of transportation may transfer unencumbered balances among the appropriations from the trunk highway fund and the state airports fund made in this section. Transfers under this paragraph must not be made: (1) between funds; (2) from the appropriations for state road construction or debt service; or (3) from the appropriations for operations and maintenance or program delivery, except for a transfer to state road construction or debt service.
(b) The commissioner of transportation must immediately report transfers under paragraph (a) to the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance. The authority for the commissioner of transportation to make transfers under Minnesota Statutes, section 16A.285, is superseded by the authority and requirements under this paragraph and paragraph (a).
(c) The commissioner of transportation must transfer from the flexible highway account in the county state-aid highway fund the entire amount in each year to the county turnback account in the county state-aid highway fund. The funds transferred are for highway turnback purposes under Minnesota Statutes, section 161.081, subdivision 3.
Previous State Road Construction Appropriations
Any money appropriated to the commissioner of transportation for state road construction for any fiscal year before the first year is available to the commissioner during the biennium to the extent that the commissioner spends the money on the state road construction project for which the money was originally encumbered during the fiscal year for which it was appropriated.
Contingent Appropriations
The commissioner of transportation, with the approval of the governor and the written approval of at least five members of a group consisting of the members of the Legislative Advisory Commission under Minnesota Statutes, section 3.30, and the ranking minority members of the legislative committees with jurisdiction over transportation finance, may transfer all or part of the unappropriated balance in the trunk highway fund to an appropriation: (1) for trunk highway design, construction, or inspection that takes advantage of an unanticipated receipt of income to the trunk highway fund or federal advanced construction funding; (2) for emergency trunk highway maintenance; or (3) to pay tort or environmental claims. Nothing in this subdivision authorizes the commissioner to increase the use of federal advanced construction funding beyond amounts specifically authorized. Any transfer as a result of the use of federal advanced construction funding must include an analysis of the effects on the long-term trunk highway fund balance. The amount transferred is appropriated for the purpose of the account to which it is transferred.
$ 113,190,000 $ 89,820,000
The appropriations in this section are from the general fund to the Metropolitan Council. The amounts that may be spent for each purpose are specified in the following subdivisions.
Transit System Operations
This appropriation is for transit system operations under Minnesota Statutes, sections 473.371 to 473.449.
$200,000 in the first year is for the Minnesota Valley Transit Authority Route 495 pilot bus service.
Metro Mobility
This appropriation is for Metro Mobility under Minnesota Statutes, section 473.386.
The base is $56,416,000 in fiscal year 2022 and $55,976,000 in fiscal year 2023.
$ 259,684,000 $ 205,610,000
H.U.T.D. 9,313,000 9,303,000
Special Revenue 64,708,000 65,179,000
Trunk Highway 114,376,000 115,449,000
The appropriations in this section are to the commissioner of public safety. The amounts that may be spent for each purpose are specified in the following subdivisions.
Administration and Related Services
(a) Office of Communications 575,000 575,000
(b) Public Safety Support 5,224,000 5,760,000
(c) Public Safety Officer Survivor Benefits 640,000 640,000
This appropriation is from the general fund for payment of public safety officer survivor benefits under Minnesota Statutes, section 299A.44. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
(d) Public Safety Officer Reimbursements 1,367,000 1,367,000
This appropriation is from the general fund for transfer to the public safety officer's benefit account. This money is available for reimbursements under Minnesota Statutes, section 299A.465.
(e) Soft Body Armor Reimbursements 745,000 745,000
These appropriations are for soft body armor reimbursements under Minnesota Statutes, section 299A.38.
(f) Technology and Support Service 7,331,000 6,995,000
H.U.T.D. 153,000 109,000
$533,000 in the first year and $449,000 in the second year are from the general fund for application server migration.
$365,000 in the first year and $157,000 in the second year are from the trunk highway fund for application server migration.
$134,000 in the first year and $90,000 in the second year are from the highway user tax distribution fund for application server migration.
The base from the general fund is $1,365,000 in each of fiscal years 2022 and 2023. The base from the trunk highway fund is $4,915,000 in each of fiscal years 2022 and 2023. The base from the highway user tax distribution fund is $19,000 in each of fiscal years 2022 and 2023.
State Patrol
(a) Patrolling Highways 95,252,000 96,083,000
H.U.T.D. 92,000 92,000
To account for base adjustments provided in Laws 2018, chapter 211, article 21, section 2, paragraph (a), the base from the trunk highway fund for fiscal years 2022 and 2023 is $96,784,000.
(b) Commercial Vehicle Enforcement 8,948,000 8,993,000
To account for base adjustments provided in Laws 2018, chapter 211, article 21, section 2, paragraph (a), the base from the trunk highway fund for fiscal years 2022 and 2023 is $9,038,000.
(c) Capitol Security 9,164,000 9,207,000
This appropriation is from the general fund.
To account for base adjustments provided in Laws 2018, chapter 211, article 21, section 2, paragraph (a), the base from the general fund for fiscal years 2022 and 2023 is $9,250,000.
The commissioner must not:
(1) spend any money from the trunk highway fund for capitol security; or
(2) permanently transfer any state trooper from the patrolling highways activity to capitol security.
The commissioner must not transfer any money appropriated to the commissioner under this section:
(1) to capitol security; or
(2) from capitol security.
(d) Vehicle Crimes Unit 832,000 866,000
This appropriation is from the highway user tax distribution fund to investigate:
(1) registration tax and motor vehicle sales tax liabilities from individuals and businesses that currently do not pay all taxes owed; and
(2) illegal or improper activity related to the sale, transfer, titling, and registration of motor vehicles.
Driver and Vehicle Services
(a) Vehicle Services 34,749,000 34,973,000
The special revenue fund appropriation is from the vehicle services operating account under Minnesota Statutes, section 299A.705, subdivision 1.
The base from the special revenue fund is $26,737,000 in fiscal year 2022 and $25,552,000 in fiscal year 2023.
(b) Driver Services 36,752,000 36,999,000
This appropriation is from the driver services operating account in the special revenue fund under Minnesota Statutes, section 299A.705, subdivision 2.
(c) Driver and Vehicle Systems 55,669,000 0
$52,669,000 in the first year is from the general fund for the development and implementation of a packaged software system for vehicle registration and title transactions. This is a onetime appropriation and is available until June 30, 2022.
$3,000,000 in the first year is from the general fund for completion of the driver's license system development and implementation.
This appropriation is from the pipeline safety account in the special revenue fund under Minnesota Statutes, section 299J.18.
Bureau of Criminal Apprehension
This appropriation is from the general fund for costs related to emergency contacts under Minnesota Statutes, section 171.12, subdivision 5b.
OFFICE OF THE LEGISLATIVE AUDITOR; APPROPRIATIONS.
(a) $200,000 in fiscal year 2020 is appropriated from the general fund to the legislative auditor to carry out the audits under Minnesota Statutes, section 3.972, subdivisions 2c and 2d. This is a onetime appropriation and is available in fiscal year 2021.
(b) $50,000 in fiscal year 2020 and $50,000 in fiscal year 2021 are appropriated from the data security account in the special revenue fund to the legislative auditor for the quarterly reviews and final audit required by article 2, section 32. These are onetime appropriations.
DEPUTY REGISTRAR REIMBURSEMENTS; APPROPRIATION.
$13,000,000 in fiscal year 2019 is appropriated from the general fund to the commissioner of public safety for reimbursement grants to deputy registrars as provided in article 2, section 36. This is a onetime appropriation and is available until July 31, 2019. The commissioner must use existing resources to administer the reimbursements.
EFFECTIVE DATE.
This section is effective the day following final enactment.
SOFT BODY ARMOR DEFICIENCY; APPROPRIATION.
$374,000 in fiscal year 2019 is appropriated from the general fund to the commissioner of public safety for soft body armor reimbursements under Minnesota Statutes, section 299A.38. This is a onetime appropriation.
ACTIVE TRANSPORTATION PROGRAM; USE OF FEDERAL FUNDS.
The commissioner of transportation must expend up to a total of $5,000,000 in fiscal years 2020 and 2021 from available federal funds under the Federal Transportation Alternatives Program. The funds must be expended in accordance with the requirements of the active transportation program under Minnesota Statutes, section 174.38.
APPROPRIATION CANCELLATION; PORT DEVELOPMENT ASSISTANCE.
$160,000 of the appropriation for port development assistance under Laws 2017, First Special Session chapter 3, article 1, section 2, subdivision 2, paragraph (e), is canceled to the general fund on June 29, 2019.
Sec. 10.
APPROPRIATIONS BUDGET.
(a) In the budget submission to the legislature under Minnesota Statutes, section 16A.11, for fiscal years 2022 and 2023, the commissioner of transportation, and the commissioner of public safety with respect to the transportation portion of the public safety budget, must present budget narratives and proposed appropriations for each appropriation established in sections 2 and 4.
(b) In the budget submission to the legislature under Minnesota Statutes, section 16A.11, for fiscal years 2022 and 2023, the metropolitan council must present budget narratives and the proposed appropriations, if any, for each of the following categories: metro mobility, contracted bus service, regular route bus service, light rail transit, commuter rail, transportation planning, and allocation to the regional administration.
CLOSING BALANCE ALLOCATION; DISASTER ASSISTANCE CONTINGENCY ACCOUNT; METRO MOBILITY.
Full allocation.
If the fiscal year 2019 final closing balance in the general fund exceeds the closing balance projected at the end of the 2019 legislative session by at least $33,000,000, the commissioner of management and budget must allocate $33,000,000 from the general fund as follows:
(1) $20,000,000 is transferred from the general fund to the disaster assistance contingency account established under Minnesota Statutes, section 12.221, subdivision 6; and
(2) $13,000,000 is appropriated from the general fund in fiscal year 2021 to the chair of the Metropolitan Council for the special transportation service known as Metro Mobility, under Minnesota Statutes, section 473.386.
Proportional allocation.
If the fiscal year closing balance in the general fund exceeds the closing balance projected at the end of the 2019 legislative session by less than $33,000,000, the commissioner of management and budget must allocate the difference between the fiscal year 2019 final closing balance and the closing balance projected at the end of the 2019 legislative session as follows:
(1) 60.6 percent of the difference is transferred from the general fund to the disaster assistance contingency account established under Minnesota Statutes, section 12.221, subdivision 6; and
(2) 39.4 percent of the difference is appropriated from the general fund in fiscal year 2021 to the chair of the Metropolitan Council for the special transportation service known as Metro Mobility, under Minnesota Statutes, section 473.386.
Transfers under this section must be completed before October 15, 2019.
MINNESOTA LAW ENFORCEMENT ASSOCIATION RETROACTIVE CONTRACT FUNDING.
Cancellation authority; general fund.
If a collective bargaining agreement between the commissioner of management and budget and the Minnesota Law Enforcement Association for the period from July 1, 2017, to June 30, 2019, is not implemented before June 30, 2019, the commissioner of management and budget may allow the commissioner of public safety to cancel the following to the general fund on June 29, 2019:
(1) $150,000 of the appropriation from the general fund for capitol security under Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 3, paragraph (c);
(2) $361,000 of the appropriation from the general fund for the Bureau of Criminal Apprehension under Laws 2017, chapter 95, article 1, section 11, subdivision 3; and
(3) $31,000 of the appropriation from the general fund for Alcohol and Gambling Enforcement under Laws 2017, chapter 95, article 1, section 11, subdivision 6.
Appropriations; general fund.
(a) For the cancellations implemented under subdivision 1, the following is appropriated in fiscal year 2020 from the general fund to the commissioner of public safety for the purposes specified in paragraph (b):
(1) $150,000 for capitol security;
(2) $361,000 for the Bureau of Criminal Apprehension; and
(3) $31,000 for Alcohol and Gambling Enforcement.
(b) The appropriations in this section are only to provide funding for the retroactive salary increase included in the final collective bargaining agreement between the commissioner of management and budget and the Minnesota Law Enforcement Association for the period from July 1, 2017, to June 30, 2019.
Carryforward authority; trunk highway fund.
If a collective bargaining agreement between the commissioner of management and budget and the Minnesota Law Enforcement Association for the period from July 1, 2017, to June 30, 2019, is not implemented before June 30, 2019, the commissioner of management and budget may allow the commissioner of public safety to carry forward unexpended and unencumbered nongrant operating balances from fiscal year 2019 to provide funding for any retroactive salary increase included in the final collective bargaining agreement for the period from July 1, 2017, to June 30, 2019. The carryforward authority in this subdivision may not exceed:
(1) $2,300,000 of the appropriation from the trunk highway fund for patrolling highways under Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 3, paragraph (a); and
(2) $211,000 of the appropriation from the trunk highway fund for commercial vehicle enforcement under Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 3, paragraph (b).
DRIVER AND VEHICLE SYSTEMS
Minnesota Statutes 2018, section 168.013, subdivision 21, is amended to read:
Subd. 21.
Technology surcharge.
For every vehicle registration renewal required under this chapter, the commissioner shall collect a surcharge of: (1) $1.75 until June 30, 2012; and (2) $1 from July 1, 2012, to June 30, 2016 $2.25. Surcharges collected under this subdivision must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.
Minnesota Statutes 2018, section 168.10, subdivision 1g, is amended to read:
Subd. 1g.
Original plates.
A vehicle registered pursuant to subdivision 1a, 1b, 1c or 1d may in lieu of being issued number plates by the commissioner display original Minnesota number plates issued in the same year as the model year of the car on which they are displayed. The number of the original plates must be provided to the commissioner. The original plates must be in good condition. Original Minnesota number plates shall not be used if the number on the original plate is identical to a number on any current plate or any other plate in a numbering system used by the commissioner without written authorization from the commissioner. Any person currently using plates issued pursuant to subdivision 1a, 1b, 1c or 1d shall return those plates to the commissioner before substituting original plates. The commissioner shall charge a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for registering the number on original plates.
Minnesota Statutes 2018, section 168.105, subdivision 5, is amended to read:
(a) Instead of being issued classic motorcycle plates, a classic motorcycle registered under this section may display original Minnesota plates issued in the same year as the model year of the motorcycle on which they are displayed. The number on the original plates must be provided to the commissioner.
(b) Original Minnesota plates may not be used if the number on the original plate is identical to the number on a current collector's plate issued by the commissioner.
(c) If the vehicle is not registered as a collector vehicle, the commissioner shall charge a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for registering the number on the original plates.
Minnesota Statutes 2018, section 168.12, subdivision 2, is amended to read:
Amateur radio licensee; special plates, rules.
(a) The commissioner shall issue amateur radio plates to an applicant who:
(1) is an owner of a passenger automobile or recreational vehicle;
(2) is a resident of this state;
(3) holds an official amateur radio station license or a citizens radio service class D license, in good standing, issued by the Federal Communications Commission;
(4) pays the registration tax required under section 168.013;
(5) pays a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for each set of special plates and any other fees required by this chapter; and
(6) complies with this chapter and rules governing the registration of motor vehicles and licensing of drivers;
(b) In lieu of the registration number required for identification under subdivision 1, the plates must indicate the official amateur call letters of the applicant, as assigned by the Federal Communications Commission, and the words "AMATEUR RADIO."
(c) This provision for the issue of special plates applies only if the applicant's motor vehicle is already registered in Minnesota so that the applicant has valid regular Minnesota plates issued for that motor vehicle under which to operate it during the time that it will take to have the necessary special plates made.
(d) If owning more than one motor vehicle of the type specified in this subdivision, the applicant may apply for special plates for each motor vehicle and, if each application complies with this subdivision, the commissioner shall furnish the applicant with the special plates, indicating the official amateur call letters and other distinguishing information as the commissioner considers necessary, for each of the motor vehicles.
(e) The commissioner may make reasonable rules governing the use of the special plates as will assure the full compliance by the owner of the special plates, with all existing laws governing the registration of motor vehicles and the transfer and use of the plates.
(f) Despite any contrary provision of subdivision 1, the special plates issued under this subdivision may be transferred by an owner to another motor vehicle listed in paragraph (a) and registered to the same owner, upon the payment of a fee of $5. The commissioner must be notified before the transfer and may prescribe a format for the notification.
Minnesota Statutes 2018, section 168.12, subdivision 2b, is amended to read:
Subd. 2b.
Firefighters; special plates, rules.
(a) The commissioner shall issue special plates, or a single license plate in the case of a motorcycle plate, to any applicant who:
(1) is a member of a fire department receiving state aid under chapter 69, has a letter from the fire chief, and is an owner of a passenger automobile, a one-ton pickup truck, or a motorcycle;
(2) pays a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, and any other fees required by this chapter;
(3) pays the registration tax required by this chapter for the motor vehicle; and
(4) complies with this chapter and rules governing the registration of motor vehicles and licensing of drivers.
(b) In lieu of the identification required under subdivision 1, the special plates must bear an emblem of a Maltese Cross together with any numbers or characters prescribed by the commissioner.
(c) Special plates issued under this subdivision may only be used during the period that the owner of the motor vehicle is a member of a fire department as specified in this subdivision. When the individual to whom the special plates were issued is no longer a member of a fire department or when the motor vehicle ownership is transferred, the owner shall remove the special plates from the motor vehicle. If the commissioner receives written notification that an individual is no longer qualified for these special plates, the commissioner shall invalidate the plates and notify the individual of this action. The individual may retain the plate only upon demonstrating compliance with the qualifications of this subdivision. Upon removal or invalidation of the special plates or special motorcycle plate, the owner or purchaser of the motor vehicle shall obtain regular plates, a regular motorcycle plate, or special plates for the proper registration classification for the motor vehicle.
(d) A special motorcycle license plate issued under this subdivision must be the same size as a standard motorcycle license plate.
(e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger automobile or truck may be transferred to another passenger automobile or truck owned or jointly owned by the person to whom the plates were issued. On payment of a fee of $5, a plate issued under this subdivision for a motorcycle may be transferred to another motorcycle owned or jointly owned by the person to whom the plate was issued.
(f) The commissioner may adopt rules under the Administrative Procedure Act, sections 14.001 to 14.69, to govern the issuance and use of the special plates authorized in this subdivision.
Minnesota Statutes 2018, section 168.12, subdivision 2c, is amended to read:
Subd. 2c.
National Guard; special plates, rules.
(a) The commissioner shall issue special plates to any applicant who:
(1) is a regularly enlisted, commissioned, or retired member of the Minnesota National Guard, other than an inactive member who is not a retired member, and is an owner of a passenger automobile;
(3) pays the registration tax required by this chapter; and
(b) The adjutant general shall design the emblem for these special plates subject to the approval of the commissioner.
(c) Special plates issued under this subdivision may only be used during the period that the owner of the motor vehicle is an active or retired member of the Minnesota National Guard as specified in this subdivision. When the individual to whom the special plates were issued is no longer an active or retired member of the Minnesota National Guard, the special plates must be removed from the vehicle by the owner. If the commissioner receives written notification that an individual is no longer qualified for these special plates, the commissioner shall invalidate the plates and notify the individual of this action. The individual may retain the plate only upon demonstrating compliance with the qualifications of this subdivision. Upon removal or invalidation of the special plates, either the owner or purchaser of the motor vehicle shall obtain regular plates for the motor vehicle.
(d) While the person is an active or retired member of the Minnesota National Guard, plates issued pursuant to this subdivision may be transferred to another motor vehicle owned by that individual upon payment of a fee of $5.
(e) For purposes of this subdivision, "retired member" means an individual placed on the roll of retired officers or roll of retired enlisted members in the Office of the Adjutant General under section 192.18 and who is not deceased.
(f) The commissioner may adopt rules under the Administrative Procedure Act to govern the issuance and use of the special plates authorized by this subdivision.
Minnesota Statutes 2018, section 168.12, subdivision 2d, is amended to read:
Subd. 2d.
Ready Reserve; special plates, rules.
(a) The commissioner shall issue special plates to an applicant who:
(1) is not eligible for special National Guard plates under subdivision 2c, is a member of the United States armed forces ready reserve as described in United States Code, title 10, section 10142 or 10143, or a retired reserve as described in United States Code, title 10, section 10154, and is an owner of a passenger automobile;
(b) The commissioner of veterans affairs shall design the emblem for these special plates subject to the approval of the commissioner.
(c) Special plates issued under this subdivision may only be used during the period that the owner of the motor vehicle is a member of the ready reserve. When the owner is no longer a member, the special plates must be removed from the motor vehicle by the owner. If the commissioner receives written notification that an individual is no longer qualified for these special plates, the commissioner shall invalidate the plates and notify the individual of this action. The individual may retain the plate only upon demonstrating compliance with the qualifications of this subdivision. On removal or invalidation of the special plates, either the owner or purchaser of the motor vehicle shall obtain regular plates for the motor vehicle. While the owner is a member of the ready reserve, plates issued under this subdivision may be transferred to another motor vehicle owned by that individual on paying a fee of $5.
(d) The commissioner may adopt rules under the Administrative Procedure Act to govern the issuance and use of the special plates authorized by this subdivision.
Minnesota Statutes 2018, section 168.12, subdivision 2e, is amended to read:
Subd. 2e.
Volunteer ambulance attendants; special plates.
(a) The commissioner shall issue special license plates to an applicant who:
(1) is a volunteer ambulance attendant as defined in section 144E.001, subdivision 15, and owns a motor vehicle taxed as a passenger automobile;
(2) pays the registration tax required by this chapter for the motor vehicle;
(3) pays a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, and any other fees required by this chapter; and
(b) An individual may use special plates issued under this subdivision only during the period that the individual is a volunteer ambulance attendant. When the individual to whom the special plates were issued ceases to be a volunteer ambulance attendant, the individual shall remove each set of special plates issued. If the commissioner receives written notification that an individual is no longer qualified for these special plates, the commissioner shall invalidate the plates and notify the individual of this action. The individual may retain the plate only upon demonstrating compliance with the qualifications of this subdivision. When ownership of the motor vehicle is transferred, the individual shall remove the special plates from that motor vehicle. On removal or invalidation of the special plates, the owner or purchaser of the motor vehicle shall obtain regular plates for the motor vehicle. Special plates issued under this subdivision may be transferred to another motor vehicle owned by the volunteer ambulance attendant on payment of a fee of $5.
(c) The commissioner may adopt rules governing the design, issuance, and sale of the special plates authorized by this subdivision.
Retired firefighters; special plates.
(a) The commissioner shall issue special retired firefighters plates to an applicant who:
(1) is a retired member of a fire department as defined in section 299N.01, subdivision 2, has a letter from the fire chief affirming that the applicant is a retired firefighter who served ten or more years and separated in good standing, and is a registered owner of a passenger automobile, a one-ton pickup truck, a recreational vehicle, or a motorcycle;
(2) pays a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for each set of license plates applied for along with any other fees required by this chapter; and
(3) complies with this chapter and rules governing registration of motor vehicles and licensing of drivers.
(b) The commissioner shall design the special plate emblem so that it is distinguishable from the emblem on firefighter special plates issued under subdivision 2b.
(c) On payment of a transfer fee of $5, plates issued under this subdivision may be transferred to another passenger automobile, one-ton pickup truck, recreational vehicle, or motorcycle registered to the individual to whom the special plates were issued.
(d) Fees collected under this subdivision must be credited to the vehicle services operating account in the special revenue fund under section 299A.705.
(e) This subdivision is exempt from section 168.1293.
Additional fee.
(a) In addition to any fee otherwise authorized or any tax otherwise imposed upon any vehicle, the payment of which is required as a condition to the issuance of any plate or plates, the commissioner shall impose the fee specified in paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate or plates, except for plates issued to disabled veterans as defined in section 168.031 and plates issued pursuant to section 168.124, 168.125, or 168.27, subdivisions 16 and 17, for passenger automobiles. The commissioner shall issue graphic design plates only for vehicles registered pursuant to section 168.017 and recreational vehicles registered pursuant to section 168.013, subdivision 1g.
(b) Unless otherwise specified or exempted by statute, the following plate and validation sticker fees apply for the original, duplicate, or replacement issuance of a plate in a plate year:
License Plate Single Double
Regular and Disability $ 4.50 5.25 $ 6.00 7.00
Special $ 8.50 10.00 $ 10.00 11.50
Personalized (Replacement) $ 10.00 11.50 $ 14.00 15.50
Collector Category $ 13.50 15.00 $ 15.00 16.50
Emergency Vehicle Display $ 3.00 $ 6.00
Utility Trailer Self-Adhesive $ 2.50
Vertical Motorcycle Plate $ 100.00 NA
Duplicate year $ 1.00 1.25 $ 1.00 1.25
International Fuel Tax Agreement $ 2.50
(c) Notwithstanding paragraph (b), for plates issued on and after August 1, 2019, and before July 1, 2022, the following plate and validation sticker fees apply for the original, duplicate, or replacement issuance of a plate in a plate year:
Regular and Disability $ 6.00 $ 8.00
Special $ 11.00 $ 12.50
Personalized (Replacement) $ 12.50 $ 16.50
Collector Category $ 16.00 $ 17.50
Duplicate year $ 1.50 $ 1.50
(d) For vehicles that require two of the categories above in paragraph (b) or (c), the registrar shall only charge the higher of the two fees and not a combined total.
Issuance and design.
Notwithstanding section 168.1293, the commissioner shall issue special plates remembering victims of impaired drivers to an applicant who:
(1) is a registered owner of a passenger automobile;
(2) pays a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for each set of license plates applied for; and
General requirements; fees.
(a) On payment of a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for each set of two plates, or for a single plate in the case of a motorcycle plate, payment of the registration tax required by law, and compliance with other applicable laws relating to vehicle registration and licensing, as applicable, the commissioner shall issue:
(1) special veteran's plates to an applicant who served in the active military service in a branch of the armed forces of the United States or of a nation or society allied with the United States in conducting a foreign war, was discharged under honorable conditions, and is a registered owner of a passenger automobile, recreational motor vehicle, or one-ton pickup truck, but which is not a commercial motor vehicle as defined in section 169.011, subdivision 16; or
(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a), (e), (f), (h), (i), (j), or (m), or another special plate designed by the commissioner to an applicant who is a registered owner of a motorcycle and meets the criteria listed in this paragraph and in subdivision 2, paragraph (a), (e), (f), (h), (i), (j), or (m). Plates issued under this clause must be the same size as regular motorcycle plates. Special motorcycle license plates issued under this clause are not subject to section 168.1293.
(b) The additional fee of $10 is payable for each set of veteran's plates, is payable only when the plates are issued, and is not payable in a year in which stickers are issued instead of plates.
(c) The veteran must have a certified copy of the veteran's discharge papers, indicating character of discharge, at the time of application. If an applicant served in the active military service in a branch of the armed forces of a nation or society allied with the United States in conducting a foreign war and is unable to obtain a record of that service and discharge status, the commissioner of veterans affairs may certify the applicant as qualified for the veterans' plates provided under this section.
Minnesota Statutes 2018, section 168.1235, subdivision 1, is amended to read:
(a) The commissioner shall issue a special plate emblem for each plate to an applicant who:
(1) is a member of a congressionally chartered veterans service organization and is a registered owner of a passenger automobile, pickup truck, van, or self-propelled recreational vehicle;
(2) pays the registration tax required by law;
(3) pays a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for each set of two plates, and any other fees required by this chapter; and
(b) The additional fee of $10 is payable at the time of initial application for the special plate emblem and when the plates must be replaced or renewed. An applicant must not be issued more than two sets of special plate emblems for motor vehicles listed in paragraph (a) and registered to the applicant.
(c) The applicant must present a valid card indicating membership in the American Legion or Veterans of Foreign Wars.
General requirements and procedures.
The commissioner shall issue special veteran contribution plates or a single motorcycle plate to an applicant who:
(1) is a veteran, as defined in section 197.447;
(2) is a registered owner of a passenger automobile as defined in section 168.002, subdivision 24, recreational vehicle as defined in section 168.002, subdivision 27, one-ton pickup truck as defined in section 168.002, subdivision 21b, or motorcycle as defined in section 168.002, subdivision 19;
(3) pays a fee of $10 to cover the costs of handling and manufacturing the plates in the amount specified for special plates under section 168.12, subdivision 5;
(5) pays the fees required under this chapter;
(6) pays an additional onetime World War II memorial contribution of $30, which the department shall retain until all start-up costs associated with the development and issuing of the plates have been recovered, after which the commissioner shall deposit contributions in the World War II donation match account; and
Issuance of plates.
The commissioner shall issue retired law enforcement license special plates or a single motorcycle plate to an applicant who:
(1) is a registered owner of a passenger automobile, noncommercial one-ton pickup truck, motorcycle, or recreational vehicle;
(2) is a retired peace officer as defined in section 626.84, subdivision 1, paragraph (c) or (d);
(3) provides a letter from the chief law enforcement officer affirming that the applicant is a retired peace officer who served ten or more years and separated in good standing;
(4) pays a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for each set of plates, along with any other fees required by this chapter;
(5) pays the registration tax as required under section 168.013; and
(a) A person who operates a limousine for other than personal use shall register the motor vehicle as provided in this section. A person who operates a limousine for personal use may apply for limousine plates.
(b) The commissioner shall issue limousine plates to the registered owner of a limousine who:
(1) certifies that an insurance policy or policies under section 65B.135, in the minimum aggregate amount required under that section, is in effect for the entire period of the registration;
(2) provides the commissioner with proof that the passenger automobile registration tax and a $10 fee in the amount specified for special plates under section 168.12, subdivision 5, have been paid for each limousine receiving limousine plates; and
(c) The limousine plates must be designed to specifically identify the vehicle as a limousine and must be clearly marked with the letters "LM." Limousine plates may not be transferred upon sale of the limousine, but may be transferred to another limousine owned by the same person upon notifying the commissioner and paying a $5 transfer fee.
The commissioner must issue "Start Seeing Motorcycles" special license plates or a single motorcycle plate to an applicant who:
(2) pays a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for each set of plates;
(3) pays the registration tax as required under section 168.013, along with any other fees required by this chapter;
(4) contributes a minimum of $10 annually to the motorcycle safety fund, created under section 171.06, subdivision 2a, paragraph (a), clause (1); and
Despite section 168.12, subdivisions 2b to 2e; 168.123; or 168.129, the commissioner shall charge a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for each set of plates issued under this section.
The commissioner shall issue special law enforcement memorial license plates or a single motorcycle plate to an applicant who:
(1) is a registered owner of a passenger automobile, noncommercial one-ton pickup truck, motorcycle, or recreational motor vehicle;
(2) pays an additional fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, for each set of plates;
(4) contributes $25 upon initial application and a minimum of $5 annually to the Minnesota law enforcement memorial account; and
(a) The commissioner shall issue state parks and trails plates to an applicant who:
(1) is a registered owner of a passenger automobile, recreational vehicle, one ton one-ton pickup truck, or motorcycle;
(5) contributes a minimum of $60 annually to the state parks and trails donation account established in section 85.056; and
(b) The state parks and trails plate application must indicate that the contribution specified under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the applicant may make an additional contribution to the account.
(c) State parks and trails plates may be personalized according to section 168.12, subdivision 2a.
(a) The commissioner shall issue critical habitat plates to an applicant who:
(1) is a registered owner of a passenger automobile or recreational vehicle;
(5) contributes a minimum of $30 annually to the Minnesota critical habitat private sector matching account established in section 84.943; and
(b) The critical habitat plate application must indicate that the annual contribution specified under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the applicant may make an additional contribution to the account.
(c) Owners of recreational vehicles under paragraph (a), clause (1), are eligible only for special critical habitat license plates for which the designs are selected under subdivision 2, on or after January 1, 2006.
(d) Special critical habitat license plates, the designs for which are selected under subdivision 2, on or after January 1, 2006, may be personalized according to section 168.12, subdivision 2a.
The commissioner shall issue special "Rotary member" plates to an applicant who:
(5) submits proof to the commissioner that the applicant is a member of Rotary International; and
(a) The commissioner shall issue special "Support Our Troops" license plates to an applicant who:
(1) is an owner of a passenger automobile, one-ton pickup truck, recreational vehicle, or motorcycle;
(5) contributes a minimum of $30 annually to the Minnesota "Support Our Troops" account established in section 190.19; and
(6) complies with laws and rules governing registration and licensing of vehicles and drivers.
(b) The license application under this section must indicate that the annual contribution specified under paragraph (a), clause (5), is a minimum contribution to receive the plates and that the applicant may make an additional contribution to the account.
Issuance.
Notwithstanding section 168.1293, the commissioner shall issue special Minnesota golf plates or a single motorcycle plate to an applicant who:
(1) is a registered owner of a passenger automobile, one-ton pickup truck, motorcycle, or recreational vehicle;
(3) contributes a minimum of $30 annually to the Minnesota Section PGA Foundation account; and
Driver records subscription service.
(a) The commissioner may implement a driver records subscription service to provide information concerning access to driver license, instruction permit, and identification card records, including regular notice of records that have changed, to subscribers who:
(1) pay applicable fees; and
(2) are approved by the commissioner in accordance with sections 168.346 and 171.12, and United States Code, title 18, section 2721.
(b) If a driver records subscription service is implemented, the commissioner shall establish a fee that does not exceed $3,680 per month for a subscription to the service. Fees collected under this paragraph must be credited to the driver services operating account in the special revenue fund under section 299A.705, and are appropriated to the commissioner for the purposes in paragraph (a) and this paragraph.
(c) If a driver records subscription service is implemented, the commissioner shall establish charge a fee that does not exceed $0.01 of $0.02 per driver record requested. Of the fees collected under this paragraph, 40 20 percent must be credited to the driver services operating account in the special revenue fund under section 299A.705 and is appropriated to the commissioner for the purposes in this subdivision, and 60; 30 percent must be credited to the data security account in the special revenue fund under section 3.9741, subdivision 5; and 50 percent must be credited to the driver and vehicle services technology account under section 299A.705.
Bulk vehicle records requests.
(a) "Bulk vehicle records" in this section is a total of 1,000 or more vehicle title records and vehicle registration records.
(b) The commissioner shall establish charge a fee that does not exceed $0.01 of $0.02 per record for a request of bulk vehicle records.
(c) Of the fees collected, 40 20 percent must be credited to the vehicle services operating account in the special revenue fund under section 299A.705 and is appropriated to the commissioner for the purposes in this subdivision, and 60; 30 percent must be credited to the data security account in the special revenue fund under section 3.9741, subdivision 5; and 50 percent must be credited to the driver and vehicle services technology account under section 299A.705.
Filing fees; allocations.
(a) In addition to all other statutory fees and taxes, a filing fee of:
(1) $6 $7 is imposed on every vehicle registration renewal, excluding pro rate transactions; and
(2) $10 $11 is imposed on every other type of vehicle transaction, including motor carrier fuel licenses under sections 168D.05 and 168D.06, and pro rate transactions.
(b) Notwithstanding paragraph (a):
(1) a filing fee may not be charged for a document returned for a refund or for a correction of an error made by the Department of Public Safety, a dealer, or a deputy registrar; and
(2) no filing fee or other fee may be charged for the permanent surrender of a title for a vehicle.
(c) The filing fee must be shown as a separate item on all registration renewal notices sent out by the commissioner.
(d) The statutory fees and taxes, and the filing fees imposed under paragraph (a) may be paid by credit card or debit card. The deputy registrar may collect a surcharge on the statutory fees, taxes, and filing fee not greater than the cost of processing a credit card or debit card transaction, in accordance with emergency rules established by the commissioner of public safety. The surcharge must be used to pay the cost of processing credit and debit card transactions.
(e) The fees collected under this subdivision by the department must be allocated as follows:
(1) of the fees collected under paragraph (a), clause (1):
(i) $4.50 $5.50 must be deposited in the vehicle services operating account; and
(ii) $1.50 must be deposited:
(A) in the driver and vehicle services technology account until sufficient funds have been deposited in that account to cover all costs of administration, development, and initial full deployment of the driver and vehicle services information system; and
(B) after completion of the deposit of funds under subitem (A) in the vehicle services operating account; and
(i) $3.50 must be deposited in the general fund;
(ii) $5.00 $6.00 must be deposited in the vehicle services operating account; and
(iii) $1.50 must be deposited:
(B) after completion of the deposit of funds under subitem (A) in the vehicle services operating account.
Special plates or certificate; fee; proceeds to highway user fund.
At the same time that an owner or operator of intercity buses registers them in Minnesota and obtains number plates therefor for the vehicle, the owner or operator shall apply for special identification plates or certificates for the remainder of that fleet of intercity buses. The registrar of motor vehicles shall design an appropriate plate or identification certificate for this purpose which shall must be issued upon the payment of a fee of $10 in the amount specified for special plates under section 168.12, subdivision 5, covering each intercity bus so identified. The proceeds of such fees shall be deposited to the credit of the vehicle services operating account under section 299A.705, subdivision 1. No intercity bus shall at any time be operated in the state of Minnesota without either Minnesota number plates or special identification plates or certificates issued as herein provided.
Minnesota Statutes 2018, section 168A.29, subdivision 1, is amended to read:
(a) The department must be paid the following fees:
(1) for filing an application for and the issuance of an original certificate of title, the sum of:
(i) until December 31, 2016, $6.25 of which $3.25 must be paid into the vehicle services operating account of the special revenue fund under section 299A.705, and from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver and vehicle services technology account; and
(ii) on and after January 1, 2017, $8.25, of which $4.15 must be paid into the vehicle services operating account, and a surcharge of $2.25 must be added to the fee and credited to the driver and vehicle services technology account under section 299A.705;
(2) for each security interest when first noted upon a certificate of title, including the concurrent notation of any assignment thereof and its subsequent release or satisfaction, the sum of $2, except that no fee is due for a security interest filed by a public authority under section 168A.05, subdivision 8;
(3) until December 31, 2016, for the transfer of the interest of an owner and the issuance of a new certificate of title, the sum of $5.50 of which $2.50 must be paid into the vehicle services operating account of the special revenue fund under section 299A.705, and from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver and vehicle services technology account;
(4) (3) for each assignment of a security interest when first noted on a certificate of title, unless noted concurrently with the security interest, the sum of $1; and
(5) (4) for issuing a duplicate certificate of title, the sum of $7.25, of which $3.25 must be paid into the vehicle services operating account of the special revenue fund under section 299A.705; from July 1, 2012, to June 30, 2016, and a surcharge of $1 $2.25 must be added to the fee and credited to the driver and vehicle services technology account under section 299A.705.
(b) In addition to the fee required under paragraph (a), clause (1), the department must be paid $3.50. The additional $3.50 fee collected under this paragraph must be deposited in the special revenue fund and credited to the public safety motor vehicle account established in section 299A.70.
(a) The fees for a license and Minnesota identification card are as follows:
REAL ID Compliant or Noncompliant Classified Driver's License D-$17.25
21.00 C-$21.25
25.00 B-$28.25
32.00 A-$36.25
REAL ID Compliant or Noncompliant Classified Under-21 D.L. D-$17.25
Enhanced Driver's License D-$32.25
REAL ID Compliant or Noncompliant Instruction Permit $5.25
Enhanced Instruction Permit $20.25
Commercial Learner's Permit $2.50
REAL ID Compliant or Noncompliant Provisional License $8.25
Enhanced Provisional License $23.25
Duplicate REAL ID Compliant or Noncompliant License or duplicate REAL ID Compliant or Noncompliant identification card $6.75
Enhanced Duplicate License or enhanced duplicate identification card $21.75
REAL ID Compliant or Noncompliant Minnesota identification card or REAL ID Compliant or Noncompliant Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a $11.25
Enhanced Minnesota identification card $26.25
From August 1, 2019, to June 30, 2022, the fee is increased by $0.75 for REAL ID compliant or noncompliant classified driver's licenses, REAL ID compliant or noncompliant classified under-21 driver's licenses, and enhanced driver's licenses.
(b) In addition to each fee required in this paragraph (a), the commissioner shall collect a surcharge of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016 $2.25. Surcharges collected under this paragraph must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.
(b) (c) Notwithstanding paragraph (a), an individual who holds a provisional license and has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 169A.35, sections 169A.50 to 169A.53, or section 171.177, (2) convictions for crash-related moving violations, and (3) convictions for moving violations that are not crash related, shall have a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" has the meaning given it in section 171.04, subdivision 1.
(c) (d) In addition to the driver's license fee required under paragraph (a), the commissioner shall collect an additional $4 processing fee from each new applicant or individual renewing a license with a school bus endorsement to cover the costs for processing an applicant's initial and biennial physical examination certificate. The department shall not charge these applicants any other fee to receive or renew the endorsement.
(d) (e) In addition to the fee required under paragraph (a), a driver's license agent may charge and retain a filing fee as provided under section 171.061, subdivision 4.
(e) (f) In addition to the fee required under paragraph (a), the commissioner shall charge a filing fee at the same amount as a driver's license agent under section 171.061, subdivision 4. Revenue collected under this paragraph must be deposited in the driver services operating account under section 299A.705.
(f) (g) An application for a Minnesota identification card, instruction permit, provisional license, or driver's license, including an application for renewal, must contain a provision that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes of public information and education on anatomical gifts under section 171.075.
Minnesota Statutes 2018, section 299A.705, is amended to read:
299A.705 DRIVER AND VEHICLE SERVICES ACCOUNTS.
Vehicle services operating account.
(a) The vehicle services operating account is created in the special revenue fund, consisting of all money from the vehicle services fees specified in chapters 168, 168A, and 168D, and any other money otherwise donated, allotted, appropriated, or legislated transferred, or otherwise provided to this the account.
(b) Funds appropriated are available from the account must be used by the commissioner of public safety to administer the vehicle services as specified in chapters 168, 168A, and 168D, and section 169.345, including:
(1) designing, producing, issuing, and mailing vehicle registrations, plates, emblems, and titles;
(2) collecting title and registration taxes and fees;
(3) transferring vehicle registration plates and titles;
(4) maintaining vehicle records;
(5) issuing disability certificates and plates;
(6) licensing vehicle dealers;
(7) appointing, monitoring, and auditing deputy registrars; and
(8) inspecting vehicles when required by law.
Driver services operating account.
(a) The driver services operating account is created in the special revenue fund, consisting of all money collected under chapter 171 and any other money otherwise donated, allotted, appropriated, or legislated transferred, or otherwise provided to the account.
(b) Money in the Funds appropriated from the account must be used by the commissioner of public safety to administer the driver services specified in chapters 169A and 171, including the activities associated with producing and mailing drivers' licenses and identification cards and notices relating to issuance, renewal, or withdrawal of driving and identification card privileges for any fiscal year or years and for the testing and examination of drivers.
Driver and vehicle services technology account.
(a) The driver and vehicle services technology account is created in the special revenue fund, consisting of the technology surcharge collected as specified in chapters 168, 168A, and 171; the filing fee revenue collected under section 168.33, subdivision 7; and any other money otherwise donated, allotted, appropriated, or legislated to this transferred, or otherwise provided to the account.
(b) Money in the account is annually appropriated to the commissioner of public safety to support the research, for the development, deployment, and maintenance of a the driver and vehicle services information system systems.
(c) Following completion of the deposit of filing fee revenue into the driver and vehicle services technology account as provided under section 168.33, subdivision 7 By January 15 of each year, the commissioner shall must submit a notification report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance concerning driver and vehicle services information system implementation the account, which must include information on (1) total revenue deposited in the driver and vehicle services technology account, with a breakdown by sources of funds; (2) total project costs incurred, with a breakdown by key project components; and (3) (2) an estimate of ongoing system maintenance costs, including a breakdown of the amounts spent by category.
Prohibited expenditures.
The commissioner is prohibited from expending money from driver and vehicle services accounts created in the special revenue fund for any purpose that is not specifically authorized in this section or in the chapters specified in this section.
Laws 2018, chapter 101, section 3, subdivision 1, is amended to read:
Appointment.
(a) The legislative auditor must appoint an information technology auditor to actively monitor and report on the development and implementation of the Minnesota Licensing and Registration System (MNLARS) and the vehicle title and registration system (VTRS). At a minimum, the person appointed to this position must have expertise in .NET software development and must have project management experience. The auditor must submit quarterly reports on the VTRS to the Driver and Vehicle Systems Oversight Committee. The auditor must submit the reports to the committee between 20 and 30 days before the start of each quarter.
(b) At a minimum, the review required by paragraph (a) must:
(1) verify the status of VTRS and whether the project deliverables are being achieved within the timeline and budget specified in the contract;
(2) review stakeholder engagement in the implementation process and opine on whether the engagement was appropriate;
(3) identify concerns or risks that could jeopardize meeting the contractual deadlines and identify potential ways to address or minimize the concerns or risks; and
(4) verify the status of decommissioning MNLARS and the legacy system and whether the systems will be decommissioned within the timeline and budget specified in the contract.
(c) Within three months of full implementation, the information technology auditor must complete a final audit of VTRS and submit the audit to the Driver and Vehicle Systems Oversight Committee. The final audit must, at a minimum:
(1) verify the full implementation of VTRS and whether the project deliverables were achieved within the timeline and budget specified in the contract, and if not, the reasons why not;
(2) verify that MNLARS and the legacy system are decommissioned and whether the systems were decommissioned within the timeline and budget specified in the contract, and if not, the reasons why not;
(3) identify concerns or risks for the ongoing maintenance and operation of VTRS and identify potential ways to address the risks or concerns; and
(4) provide an overall retrospective of the project, including best practices and key lessons learned that may benefit similar projects in the future.
For purposes of this subdivision, "full implementation" means all packaged software solution components are implemented and functioning and all MNLARS and legacy components are decommissioned.
(a) For purposes of sections 34 and 35, the terms in this section have the meanings given.
(b) "Blue Ribbon Council on Information Technology" means the council established by executive order 19-02 or a successor entity with a similar purpose.
(c) "Commissioner" means the commissioner of public safety.
(d) "Driver and Vehicle Executive Steering Committee" means the committee established by the Department of Public Safety in March 2019 and is comprised of stakeholders, MN.IT employees, and Department of Public Safety employees that provide oversight and accountability for projects within the Driver and Vehicle Services Division of the Department of Public Safety that impact the information systems used to issue driver's licenses and motor vehicle titles and registration. Driver and Vehicles Executive Steering Committee also means any similarly comprised group with a similar purpose that replaces or succeeds the Driver and Vehicles Executive Steering Committee.
(e) "Driver and Vehicle Systems Oversight Committee" or "Oversight Committee" means the Driver and Vehicle Systems Oversight Committee established in section 34.
(f) "Driver's license system" means the system for application and issuance of driver's licenses and identification cards that is in use on the effective date of this section.
(g) "Information technology auditor" means the individual appointed by the legislative auditor pursuant to Laws 2018, chapter 101, section 3, as amended by this act.
(h) "Minnesota Licensing and Registration System" or "MNLARS" means the vehicle title and registration system and the legacy system in use on the effective date of this section.
(i) "MNLARS Steering Committee" means the MNLARS Steering Committee established by Laws 2018, chapter 101.
(j) "Quarter" means a three-month period starting on July 1, October 1, January 1, or April 1.
(k) "Vehicle Title and Registration System" or "VTRS" means the vehicle title and registration system that is licensed and implemented pursuant to section 35 and is a replacement for MNLARS.
(l) "Vendor" means the vendor selected to implement the vehicle title and registration system under section 35.
DRIVER AND VEHICLE SYSTEMS OVERSIGHT COMMITTEE.
The definitions in section 33 apply to this section.
Driver and Vehicle Systems Oversight Committee established.
(a) The Driver and Vehicle Systems Oversight Committee is established and consists of the following members:
(1) the chair of the senate Finance Committee, or a senator appointed by the chair of the senate Finance Committee;
(2) the chair and ranking minority member of the senate committee with jurisdiction over transportation finance;
(3) the chair of the house of representatives Ways and Means Committee, or a member of the house of representatives appointed by the chair of the house of representatives Ways and Means Committee; and
(4) the chair and ranking minority member of the house of representatives committee with jurisdiction over transportation finance.
(b) The chair of the Blue Ribbon Council on Information Technology, or the chair's designee, must serve on the committee as a nonvoting member. If the council expires or is dissolved, this position on the committee is discontinued.
Dissolution of MNLARS Steering Committee.
The MNLARS Steering Committee is dissolved and is replaced by the Oversight Committee.
Duties.
(a) The Oversight Committee must:
(1) review progress reports received pursuant to subdivision 5 and reports from the information technology auditor;
(2) oversee the implementation of the VTRS;
(3) oversee the decommissioning of MNLARS, including the funds and staff resources spent on the decommissioning;
(4) oversee the driver's license system; and
(5) on an annual basis, review the fee and surcharge increases required by this article, and make a recommendation to the legislature on whether the fee and surcharge increases are set of appropriate amounts.
(b) The Oversight Committee may contract with, hire, or otherwise consult with any individual to assist the committee with its duties.
Progress reports.
(a) Between 20 and 30 days before the start of each quarter, the commissioners of public safety and MN.IT must submit a report to the Oversight Committee and the information technology auditor on the following:
(1) the status of MNLARS, including a summary of work performed to maintain MNLARS and any work performed to decommission MNLARS;
(2) the status of the implementation of VTRS;
(3) a detailed explanation of any funds expended related to MNLARS and the purposes of the expenditures, the number of staff working on MNLARS, and a description of the work performed;
(4) a list of all requested customizations to VTRS, the purpose for the customization, the cost of the customization, and whether the commissioner approved the customization; and
(5) the status of the driver's license system.
(b) Between 20 and 30 days before the start of each quarter, the vendor must submit a report to the Oversight Committee regarding the progress on the implementation of the VTRS.
(c) Between 20 and 30 days before the start of each quarter, the Minnesota Deputy Registrars Association, the Minnesota Deputy Registrar Business Owners Association, the Minnesota Automobile Dealers Association, and any other stakeholders are each encouraged to submit a report to the Oversight Committee regarding MNLARS, VTRS, or the driver's license system.
(a) The chairs of the legislative committees with jurisdiction over transportation finance serve as cochairs of the Oversight Committee.
(b) The Oversight Committee must meet at least once each quarter.
(c) The Oversight Committee is subject to Minnesota Statutes, section 3.055, except that a member may vote by submitting a written statement indicating how the member votes on a motion. The written statement must be treated in the same manner as the votes of the members present at the meeting. The written statement must be submitted to all members prior to the start of the meeting at which the vote will take place.
Administration.
The Legislative Coordinating Commission must provide meeting space and administrative support for the Oversight Committee.
Expiration.
The Oversight Committee expires six months after full implementation of VTRS. After full implementation but prior to the expiration of the Oversight Committee, the Oversight Committee must complete a report that, at a minimum, summarizes the activities of the Oversight Committee and makes recommendations to the legislature on proposed changes to state driver and vehicle laws. The Oversight Committee must submit the report to the legislative auditor. For purposes of this subdivision, "full implementation" means all packaged software solution components are implemented and functioning and all MNLARS and legacy components are decommissioned.
VEHICLE TITLE AND REGISTRATION SYSTEM.
Procurement.
(a) Recognizing that the preservation of the integrity of the public contracting process of the state is vital to the operations of government and a matter of interest to the people of the state, the legislature hereby declares as follows:
(1) the commissioner of public safety, in collaboration with the commissioner of MN.IT services and the commissioner of administration, must conduct an expedited procurement process to execute the recommendations set forth in the Independent Expert Review of MNLARS dated May 1, 2019;
(2) the expedited procurement process shall be open, competitive, and evaluated based on criteria that is predetermined and publicly disclosed as part of a request for proposal process; and
(3) the commissioner of administration is authorized to waive the requirements of Minnesota Statutes, chapter 16C, or other laws and procedures as necessary to complete an expedited procurement process or to enter into direct negotiations with a vendor in the event the commissioner determines an expedited process will not result in a contract that meets the timelines or objectives of the report, or as otherwise necessary to achieve the best interests of the state.
(b) The commissioners must include the following criteria in any request for proposal as required by paragraph (a):
(1) the vendor must have successfully deployed the packaged vehicle software system in five or more states and must provide contacts for references from each state; and
(2) the vendor must have at least five years of implementation expertise in packaged vehicle software solutions.
(c) The commissioner of public safety must award the contract based on best value, as defined in Minnesota Statutes, section 16C.02, subdivision 4, by July 1, 2019.
Stakeholder input.
The commissioner must ensure that stakeholders are consulted during the process of implementing VTRS.
MNLARS freeze.
Update 1.16 scheduled to be released in June 2019 is the final update to MNLARS, except that the fee and surcharge changes required by this act must be implemented by August 1, 2019. Thereafter, MNLARS must be maintained with nominal staff to address bugs and ensure continued operation of the system.
Department roles.
The Department of Public Safety is the owner of VTRS and is responsible for the final decision on functionality priorities and decisions. MN.IT is the technical lead on the project and is responsible for the final decisions regarding the implementation of technology products and services, technical staff, and technical vendor staff.
Customization.
(a) Wherever possible, business practices must be changed to conform to VTRS in order to minimize the need for customizing VTRS.
(b) The Driver and Vehicle Executive Steering Committee must make recommendations to the commissioner on requests to customize VTRS. In making the recommendations, the Executive Steering Committee must consider the following factors when considering customization:
(1) the reason for the customization and whether the reason is based on state law or on a business practice;
(2) the cost of the customization;
(3) any future cost related to the customization; and
(4) input from stakeholders.
The commissioner is responsible for approving or denying all requests to customize VTRS.
Timeline.
The legislature intends that the contract with the vendor to implement VTRS will be completed and implementation will begin in early summer of 2019. The legislature further intends that VTRS will be launched by the end of calendar year 2020. The legislature further intends that VTRS will be fully implemented and MNLARS and the legacy system be fully decommissioned by the fall of 2021.
The Driver and Vehicle Systems Oversight Committee must oversee the implementation of VTRS.
DEPUTY REGISTRAR REIMBURSEMENTS.
Eligibility.
A deputy registrar office operated by the state is not eligible to receive funds under this section.
Grant calculation.
(a) The reimbursement grant to each deputy registrar, as identified by the Driver and Vehicle Services-designated office location number, is calculated as follows:
(1) ten percent of available funds allocated equally among all deputy registrars;
(2) 45 percent of available funds allocated proportionally based on (i) the number of transactions where a filing fee under Minnesota Statutes, section 168.33, subdivision 7, is retained by each deputy registrar from August 1, 2017, through December 31, 2018, compared to (ii) the total number of transactions where a filing fee is retained by all deputy registrars during that time period; and
(3) 45 percent of available funds allocated proportionally based on (i) the number of transactions where a filing fee is retained by each deputy registrar from July 1, 2014, through June 30, 2017, compared to (ii) the total number of transactions where a filing fee is retained by all deputy registrars during that time period.
(b) For a deputy registrar appointed after July 1, 2014, the commissioner of public safety must identify whether a corresponding discontinued deputy registrar appointment exists. If a corresponding discontinued deputy registrar is identified, the commissioner must include the transactions of the discontinued deputy registrar in the calculations under paragraph (a) for the deputy registrar appointed after July 1, 2014.
(c) For a deputy registrar appointed after July 1, 2014, to which paragraph (b) does not apply, the commissioner of public safety must calculate the deputy registrar's proportional share under paragraph (a), clause (3), based on the average number of transactions where a filing fee is retained among the deputy registrars, as calculated excluding any deputy registrars for which this paragraph applies.
(d) In the calculations under paragraph (a), the commissioner of public safety must exclude transactions for a deputy registrar office operated by the state.
Grant distribution.
(a) Within 30 days of the enactment date of this act, the commissioner must notify each deputy registrar of the amount of the reimbursement grant the deputy registrar is eligible to receive under this section. In order to receive the reimbursement grant, the deputy registrar must:
(1) request the disbursement of the reimbursement grant to the deputy registrar; and
(2) agree to release and hold harmless the state and its employees from any liability or claim arising from the development and deployment of the Minnesota Licensing and Registration System (MNLARS) including: (i) a claim under Minnesota Statutes, section 3.732, or (ii) any claim or action before a court or administrative agency.
(b) The request and release agreement must be submitted on a form developed by the commissioner and must be submitted on or before June 30, 2019. The commissioner must disburse the reimbursement grant to the deputy registrar within 30 days of receiving the request and release agreement.
(c) Any funds not disbursed after the initial grants are disbursed must not be distributed and must cancel back to the general fund.
State liability limitations.
The creation or payment of reimbursement grants under this section is not: (1) an admission of liability by the state or its employees for any act or omission arising from the development and deployment of MNLARS; and (2) admissible in a judicial or administrative proceeding to establish liability or a legal duty.
SELF-SERVICE OPTIONS.
The commissioner of public safety must consider ways in which the driver services system and the vehicle title and registration system allow for the addition of self-service options and on-the-spot fulfillment. The commissioner of public safety must consider capabilities such as allowing individuals to receive a driver's license or identification card at the same time and in the same location that the application is made. The commissioners must report the findings to the Driver and Vehicle Systems Oversight Committee established in section 34.
VEHICLE REGISTRATION TASK FORCE.
Membership.
(a) The Vehicle Registration Task Force consists of the following 20 members:
(1) four senators, including two senators appointed by the senate majority leader and two senators appointed by the senate minority leader;
(2) four members of the house of representatives, including two members appointed by the speaker of the house and two members appointed by the minority leader of the house of representatives;
(3) one member appointed by the governor from the Office of the Governor;
(4) the commissioner of transportation or a designee;
(5) the chief financial officer of the Department of Transportation or a designee;
(6) the commissioner of public safety or a designee;
(7) the director of Driver and Vehicle Services Division of the Department of Public Safety or a designee;
(8) the chief financial officer of the Department of Public Safety or a designee;
(9) the state chief information officer or a designee;
(10) the chief financial officer of MN.IT Services or a designee;
(11) one deputy registrar appointed by the Minnesota Deputy Registrars Association;
(12) one deputy registrar appointed by the Minnesota Deputy Registrar Business Owners Association; and
(13) two members, one of whom is familiar with the title and registration process, appointed by the Minnesota Automobile Dealers Association.
(b) Appointing authorities must make initial appointments to the Vehicle Registration Task Force by June 1, 2019.
The Vehicle Registration Task Force is established to study various methods of vehicle registration and the corresponding fee structures. At a minimum, the task force must study:
(1) how each of the following methods could be implemented in Minnesota in a revenue neutral manner: flat rate, weight-based, value-based, and age-based;
(2) a two-year vehicle registration period and any other changes related to timing of vehicle registration periods;
(3) the financial effects of the changes considered in clauses (1) and (2) including, at a minimum, costs for vehicle owners and deputy registrars; and
(4) whether the changes considered in clauses (1) and (2) will require customization to the vehicle title and registration system and the potential cost of the customization.
By January 15, 2020, the task force must report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance. The report must:
(1) summarize the activities of the task force;
(2) provide an explanation of how each method examined could be implemented in Minnesota in a revenue neutral manner;
(3) provide recommendations by the task force on which method is preferable and why; and
(4) include any draft legislation needed to implement the recommendations.
First meeting; chair.
The chair of the Legislative Coordinating Commission must convene the first meeting of the Vehicle Registration Task Force by July 1, 2019. At the first meeting, the task force shall elect a chair by a majority vote of those members present.
The meetings of the task force are subject to Minnesota Statutes, chapter 13D.
(a) The Legislative Coordinating Commission shall provide administrative services for the task force.
(b) The Department of Transportation, the Department of Public Safety, and MN.IT Services must provide the task force with general informational and technical support.
Compensation.
Public members are compensated as provided in Minnesota Statutes, section 15.059, subdivision 3.
This section expires the day after submission of the report required in subdivision 3 or on January 16, 2020, whichever is later.
REVISOR INSTRUCTION.
The revisor of statutes must correct all cross-references to the paragraphs that are relettered in sections 10 and 30.
REPEALER.
Laws 2018, chapter 101, section 3, subdivision 2, is repealed.
Except as otherwise provided, this article is effective August 1, 2019.
Minnesota Statutes 2018, section 3.972, is amended by adding a subdivision to read:
Audits of the Department of Transportation.
The legislative auditor must audit, as resources permit, the programs and services administered by the Department of Transportation.
Audits of the Department of Public Safety.
The legislative auditor must audit, as resources permit, the programs and services administered by the Department of Public Safety.
Minnesota Statutes 2018, section 13.46, subdivision 2, is amended to read:
(a) Data on individuals collected, maintained, used, or disseminated by the welfare system are private data on individuals, and shall not be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access to the private data;
(4) to an agent of the welfare system and an investigator acting on behalf of a county, the state, or the federal government, including a law enforcement person or attorney in the investigation or prosecution of a criminal, civil, or administrative proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data to verify an individual's identity; determine eligibility, amount of assistance, and the need to provide services to an individual or family across programs; coordinate services for an individual or family; evaluate the effectiveness of programs; assess parental contribution amounts; and investigate suspected fraud;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the same program;
(8) to the Department of Revenue to assess parental contribution amounts for purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs and to identify individuals who may benefit from these programs. The following information may be disclosed under this paragraph: an individual's and their dependent's names, dates of birth, Social Security numbers, income, addresses, and other data as required, upon request by the Department of Revenue. Disclosures by the commissioner of revenue to the commissioner of human services for the purposes described in this clause are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent care credit under section 290.067, the Minnesota working family credit under section 290.0671, the property tax refund and rental credit under section 290A.04, and the Minnesota education credit under section 290.0674;
(9) between the Department of Human Services, the Department of Employment and Economic Development, and when applicable, the Department of Education, for the following purposes:
(i) to monitor the eligibility of the data subject for unemployment benefits, for any employment or training program administered, supervised, or certified by that agency;
(ii) to administer any rehabilitation program or child care assistance program, whether alone or in conjunction with the welfare system;
(iii) to monitor and evaluate the Minnesota family investment program or the child care assistance program by exchanging data on recipients and former recipients of food support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, medical programs under chapter 256B or 256L, or a medical program formerly codified under chapter 256D; and
(iv) to analyze public assistance employment services and program utilization, cost, effectiveness, and outcomes as implemented under the authority established in Title II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999. Health records governed by sections 144.291 to 144.298 and "protected health information" as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code of Federal Regulations, title 45, parts 160-164, including health care claims utilization information, must not be exchanged under this clause;
(10) to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the individual or other individuals or persons;
(11) data maintained by residential programs as defined in section 245A.02 may be disclosed to the protection and advocacy system established in this state according to Part C of Public Law 98-527 to protect the legal and human rights of persons with developmental disabilities or other related conditions who live in residential facilities for these persons if the protection and advocacy system receives a complaint by or on behalf of that person and the person does not have a legal guardian or the state or a designee of the state is the legal guardian of the person;
(12) to the county medical examiner or the county coroner for identifying or locating relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments to the public agency may be disclosed to the Minnesota Office of Higher Education to the extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant Social Security numbers and names collected by the telephone assistance program may be disclosed to the Department of Revenue to conduct an electronic data match with the property tax refund database to determine eligibility under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment program participant may be disclosed to law enforcement officers who provide the name of the participant and notify the agency that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or attempt to commit a crime that is a felony under the laws of the jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed under state or federal law;
(ii) the location or apprehension of the felon is within the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper exercise of those duties;
(16) the current address of a recipient of general assistance may be disclosed to probation officers and corrections agents who are supervising the recipient and to law enforcement officers who are investigating the recipient in connection with a felony level offense;
(17) information obtained from food support applicant or recipient households may be disclosed to local, state, or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food Stamp Act, according to Code of Federal Regulations, title 7, section 272.1(c);
(18) the address, Social Security number, and, if available, photograph of any member of a household receiving food support shall be made available, on request, to a local, state, or federal law enforcement officer if the officer furnishes the agency with the name of the member and notifies the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
(B) is violating a condition of probation or parole imposed under state or federal law; or
(C) has information that is necessary for the officer to conduct an official duty related to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the officer's official duties; and
(iii) the request is made in writing and in the proper exercise of the officer's official duty;
(19) the current address of a recipient of Minnesota family investment program, general assistance, or food support may be disclosed to law enforcement officers who, in writing, provide the name of the recipient and notify the agency that the recipient is a person required to register under section 243.166, but is not residing at the address at which the recipient is registered under section 243.166;
(20) certain information regarding child support obligors who are in arrears may be made public according to section 518A.74;
(21) data on child support payments made by a child support obligor and data on the distribution of those payments excluding identifying information on obligees may be disclosed to all obligees to whom the obligor owes support, and data on the enforcement actions undertaken by the public authority, the status of those actions, and data on the income of the obligor or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed under section 256.998, subdivision 7;
(23) to the Department of Education for the purpose of matching Department of Education student data with public assistance data to determine students eligible for free and reduced-price meals, meal supplements, and free milk according to United States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state funds that are distributed based on income of the student's family; and to verify receipt of energy assistance for the telephone assistance plan;
(24) the current address and telephone number of program recipients and emergency contacts may be released to the commissioner of health or a community health board as defined in section 145A.02, subdivision 5, when the commissioner or community health board has reason to believe that a program recipient is a disease case, carrier, suspect case, or at risk of illness, and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and political subdivisions of this state, including the attorney general, and agencies of other states, interstate information networks, federal agencies, and other entities as required by federal regulation or law for the administration of the child support enforcement program;
(26) to personnel of public assistance programs as defined in section 256.741, for access to the child support system database for the purpose of administration, including monitoring and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family investment program by exchanging data between the Departments of Human Services and Education, on recipients and former recipients of food support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, medical programs under chapter 256B or 256L, or a medical program formerly codified under chapter 256D;
(28) to evaluate child support program performance and to identify and prevent fraud in the child support program by exchanging data between the Department of Human Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph (c), Department of Health, Department of Employment and Economic Development, and other state agencies as is reasonably necessary to perform these functions;
(29) counties operating child care assistance programs under chapter 119B may disseminate data on program participants, applicants, and providers to the commissioner of education;
(30) child support data on the child, the parents, and relatives of the child may be disclosed to agencies administering programs under titles IV-B and IV-E of the Social Security Act, as authorized by federal law;
(31) to a health care provider governed by sections 144.291 to 144.298, to the extent necessary to coordinate services;
(32) to the chief administrative officer of a school to coordinate services for a student and family; data that may be disclosed under this clause are limited to name, date of birth, gender, and address; or
(33) to county correctional agencies to the extent necessary to coordinate services and diversion programs; data that may be disclosed under this clause are limited to name, client demographics, program, case status, and county worker information.; or
(34) between the Department of Human Services and the Metropolitan Council for the following purposes:
(i) to coordinate special transportation service provided under section 473.386 with services for people with disabilities and elderly individuals funded by or through the Department of Human Services; and
(ii) to provide for reimbursement of special transportation service provided under section 473.386.
The data that may be shared under this clause are limited to the individual's first, last, and middle names; date of birth; residential address; and program eligibility status with expiration date for the purposes of informing the other party of program eligibility.
(b) Information on persons who have been treated for drug or alcohol abuse may only be disclosed according to the requirements of Code of Federal Regulations, title 42, sections 2.1 to 2.67.
(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected nonpublic while the investigation is active. The data are private after the investigation becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are not subject to the access provisions of subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will be deemed to be made in writing if made through a computer interface system.
Minnesota Statutes 2018, section 13.72, subdivision 10, is amended to read:
Transportation service data.
(a) Personal, medical, financial, familial, or locational information data pertaining to applicants for or users of services providing transportation for the disabled people with disabilities or elderly individuals are private data on individuals.
(b) Private transportation service data may be disclosed between the Department of Human Services and the Metropolitan Council for purposes of administering and coordinating human services programs and transportation services for people with disabilities and elderly individuals. The data that may be shared under this paragraph are limited to the individual's first, last, and middle names; date of birth; residential address; and program eligibility status with expiration date for the purposes of informing the other party of program eligibility.
Minnesota Statutes 2018, section 80E.13, is amended to read:
80E.13 UNFAIR PRACTICES BY MANUFACTURERS, DISTRIBUTORS, FACTORY BRANCHES.
It is unlawful and an unfair practice for a manufacturer, distributor, or factory branch to engage in any of the following practices:
(a) delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in reasonable time and in reasonable quantity relative to the new motor vehicle dealer's facilities and sales potential in the dealer's relevant market area, after having accepted an order from a new motor vehicle dealer having a franchise for the retail sale of any new motor vehicle sold or distributed by the manufacturer or distributor, if the new motor vehicle or new motor vehicle parts or accessories are publicly advertised as being available for delivery or actually being delivered. This clause is not violated, however, if the failure is caused by acts or causes beyond the control of the manufacturer;
(b) refuse to disclose to any new motor vehicle dealer handling the same line make, the manner and mode of distribution of that line make within the relevant market area;
(c) obtain money, goods, service, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and the other person, other than for compensation for services rendered, unless the benefit is promptly accounted for, and transmitted to, the new motor vehicle dealer;
(d) increase prices of new motor vehicles which the new motor vehicle dealer had ordered for private retail consumers prior to the dealer's receiving the written official price increase notification. A sales contract signed by a private retail consumer shall constitute evidence of each order if the vehicle is in fact delivered to that customer. In the event of manufacturer price reductions, the amount of any reduction received by a dealer shall be passed on to the private retail consumer by the dealer if the retail price was negotiated on the basis of the previous higher price to the dealer;
(e) offer any refunds or other types of inducements to any new motor vehicle dealer for the purchase of new motor vehicles of a certain line make without making the same offer to all other new motor vehicle dealers in the same line make within geographic areas reasonably determined by the manufacturer;
(f) release to any outside party, except under subpoena or in an administrative or judicial proceeding involving the manufacturer or dealer, any business, financial, or personal information which may be provided by the dealer to the manufacturer, without the express written consent of the dealer or unless pertinent to judicial or governmental administrative proceedings or to arbitration proceedings of any kind;
(g) deny any new motor vehicle dealer the right of free association with any other new motor vehicle dealer for any lawful purpose;
(h) unfairly discriminate among its new motor vehicle dealers with respect to warranty reimbursement or authority granted its new vehicle dealers to make warranty adjustments with retail customers;
(i) compete with a new motor vehicle dealer in the same line make operating under an agreement or franchise from the same manufacturer, distributor, or factory branch. A manufacturer, distributor, or factory branch is considered to be competing when it has an ownership interest, other than a passive interest held for investment purposes, in a dealership of its line make located within the state. A manufacturer, distributor, or factory branch shall not, however, be deemed to be competing when operating a dealership, either temporarily or for a reasonable period, which is for sale to any qualified independent person at a fair and reasonable price, or when involved in a bona fide relationship in which an independent person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership and full management and operational control of the dealership within a reasonable time on reasonable terms and conditions;
(j) prevent a new motor vehicle dealer from transferring or assigning a new motor vehicle dealership to a qualified transferee. There shall be no transfer, assignment of the franchise, or major change in the executive management of the dealership, except as is otherwise provided in sections 80E.01 to 80E.17, without consent of the manufacturer, which shall not be withheld without good cause. In determining whether good cause exists for withholding consent to a transfer or assignment, the manufacturer, distributor, factory branch, or importer has the burden of proving that the transferee is a person who is not of good moral character or does not meet the franchisor's existing and reasonable capital standards and, considering the volume of sales and service of the new motor vehicle dealer, reasonable business experience standards in the market area. Denial of the request must be in writing and delivered to the new motor vehicle dealer within 60 days after the manufacturer receives the completed application customarily used by the manufacturer, distributor, factory branch, or importer for dealer appointments. If a denial is not sent within this period, the manufacturer shall be deemed to have given its consent to the proposed transfer or change. In the event of a proposed sale or transfer of a franchise, the manufacturer, distributor, factory branch, or importer shall be permitted to exercise a right of first refusal to acquire the franchisee's assets or ownership if:
(1) the franchise agreement permits the manufacturer, distributor, factory branch, or importer to exercise a right of first refusal to acquire the franchisee's assets or ownership in the event of a proposed sale or transfer;
(2) the proposed transfer of the dealership or its assets is of more than 50 percent of the ownership or assets;
(3) the manufacturer, distributor, factory branch, or importer notifies the dealer in writing within 60 days of its receipt of the complete written proposal for the proposed sale or transfer on forms generally utilized by the manufacturer, distributor, factory branch, or importer for such purposes and containing the information required therein and all documents and agreements relating to the proposed sale or transfer;
(4) the exercise of the right of first refusal will result in the dealer and dealer's owners receiving the same or greater consideration with equivalent terms of sale as is provided in the documents and agreements submitted to the manufacturer, distributor, factory branch, or importer under clause (3);
(5) the proposed change of 50 percent or more of the ownership or of the dealership assets does not involve the transfer or sale of assets or the transfer or issuance of stock by the dealer or one or more dealer owners to a family member, including a spouse, child, stepchild, grandchild, spouse of a child or grandchild, brother, sister, or parent of the dealer owner; to a manager who has been employed in the dealership for at least four years and is otherwise qualified as a dealer operator; or to a partnership or corporation owned and controlled by one or more of such persons; and
(6) the manufacturer, distributor, factory branch, or importer agrees to pay the reasonable expenses, including reasonable attorney fees, which do not exceed the usual customary and reasonable fees charged for similar work done for other clients incurred by the proposed new owner and transferee before the manufacturer, distributor, factory branch, or importer exercises its right of first refusal, in negotiating and implementing the contract for the proposed change of ownership or transfer of dealership assets. However, payment of such expenses and attorney fees shall not be required if the dealer has not submitted or caused to be submitted an accounting of those expenses within 20 days after the dealer's receipt of the manufacturer, distributor, factory branch, or importer's written request for such an accounting. The manufacturer, distributor, factory branch, or importer may request such an accounting before exercising its right of first refusal. The obligation created under this clause is enforceable by the transferee;
(k) threaten to modify or replace or modify or replace a franchise with a succeeding franchise that would adversely alter the rights or obligations of a new motor vehicle dealer under an existing franchise or that substantially impairs the sales or service obligations or investments of the motor vehicle dealer;
(l) unreasonably deny the right to acquire factory program vehicles to any dealer holding a valid franchise from the manufacturer to sell the same line make of vehicles, provided that the manufacturer may impose reasonable restrictions and limitations on the purchase or resale of program vehicles to be applied equitably to all of its franchised dealers. For the purposes of this paragraph, "factory program vehicle" has the meaning given the term in section 80E.06, subdivision 2;
(m) fail or refuse to offer to its same line make franchised dealers all models manufactured for that line make, other than alternative fuel vehicles as defined in section 216C.01, subdivision 1b. Failure to offer a model is not a violation of this section if the failure is not arbitrary and is due to a lack of manufacturing capacity, a strike, labor difficulty, or other cause over which the manufacturer, distributor, or factory branch has no control;
(n) require a dealer to pay an extra fee, or remodel, renovate, or recondition the dealer's existing facilities, or purchase unreasonable advertising displays, training, tools, or other materials, or to require the dealer to establish exclusive facilities or dedicated personnel as a prerequisite to receiving a model or a series of vehicles;
(o) require a dealer by program, incentive provision, or otherwise to adhere to performance standards that are not applied uniformly to other similarly situated dealers.
A performance standard, sales objective, or program for measuring dealership performance that may have a material effect on a dealer, including the dealer's right to payment under any incentive or reimbursement program, and the application of the standard or program by a manufacturer, distributor, or factory branch must be fair, reasonable, equitable, and based on accurate information. Upon written request by any of its franchised dealers located within Minnesota, a manufacturer, distributor, or factory branch must provide the method or formula used by the manufacturer in establishing the sales volumes for receiving a rebate or incentive and the specific calculations for determining the required sales volumes of the inquiring dealer and any of the manufacturer's other Minnesota-franchised new motor vehicle dealers of the same line-make located within 75 miles of the inquiring dealer. Nothing contained in this section requires a manufacturer, distributor, or factory branch to disclose confidential business information of any of its franchised dealers or the required numerical sales volumes that any of its franchised dealers must attain to receive a rebate or incentive. An inquiring dealer may file a civil action as provided in section 80E.17 without a showing of injury if a manufacturer, distributor, or factory branch fails to make the disclosure required by this section.
A manufacturer, distributor, or factory branch has the burden of proving that the performance standard, sales objective, or program for measuring dealership performance is fair, reasonable, and uniformly applied under this section;
(p) assign or change a dealer's area of sales effectiveness arbitrarily or without due regard to the present pattern of motor vehicle sales and registrations within the dealer's market. The manufacturer, distributor, or factory branch must provide at least 90 days' notice of the proposed change. The change may not take effect if the dealer commences a civil action within the 90 days' notice period to determine whether the manufacturer, distributor, or factory branch met its obligations under this section. The burden of proof in such an action shall be on the manufacturer or distributor. In determining at the evidentiary hearing whether a manufacturer, distributor, or factory branch has assigned or changed the dealer's area of sales effectiveness or is proposing to assign or change the dealer's area of sales effectiveness arbitrarily or without due regard to the present pattern of motor vehicle sales and registrations within the dealer's market, the court may take into consideration the relevant circumstances, including, but not limited to:
(1) the traffic patterns between consumers and the same line-make franchised dealers of the affected manufacturer, distributor, or factory branch who are located within the market;
(2) the pattern of new vehicle sales and registrations of the affected manufacturer, distributor, or factory branch within various portions of the area of sales effectiveness and within the market as a whole;
(3) the growth or decline in population, density of population, and new car registrations in the market;
(4) the presence or absence of natural geographical obstacles or boundaries, such as rivers;
(5) the proximity of census tracts or other geographic units used by the affected manufacturer, factory branch, distributor, or distributor branch in determining the same line-make dealers' respective areas of sales effectiveness; and
(6) the reasonableness of the change or proposed change to the dealer's area of sales effectiveness, considering the benefits and harm to the petitioning dealer, other same line-make dealers, and the manufacturer, distributor, or factory branch;
(q) to charge back, withhold payment, deny vehicle allocation, or take any other adverse action against a dealer when a new vehicle sold by the dealer has been exported to a foreign country, unless the manufacturer, distributor, or factory branch can show that at the time of sale, the customer's information was listed on a known or suspected exporter list made available to the dealer, or the dealer knew or reasonably should have known of the purchaser's intention to export or resell the motor vehicle in violation of the manufacturer's export policy. There is a rebuttable presumption that the dealer did not know or should not have reasonably known that the vehicle would be exported or resold in violation of the manufacturer's export policy if the vehicle is titled and registered in any state of the United States; or
(r) to implement a charge back or withhold payment to a dealer that is solely due to an unreasonable delay by the registrar, as defined in section 168.002, subdivision 29, in the transfer or registration of a new motor vehicle. The dealer must give the manufacturer notice of the state's delay in writing. Within 30 days of any notice of a charge back, withholding of payments, or denial of a claim, the dealer must transmit to the manufacturer: (1) documentation to demonstrate the vehicle sale and delivery as reported; and (2) a written attestation signed by the dealer operator or general manager stating that the delay is attributable to the state. This clause expires on June 30, 2022; or
(r) (s) to require a dealer or prospective dealer by program, incentive provision, or otherwise to construct improvements to its or a predecessor's facilities or to install new signs or other franchisor image elements that replace or substantially alter improvements, signs, or franchisor image elements completed within the preceding ten years that were required and approved by the manufacturer, distributor, or factory branch, including any such improvements, signs, or franchisor image elements that were required as a condition of the dealer or predecessor dealer receiving an incentive or other compensation from the manufacturer, distributor, or factory branch.
This paragraph shall not apply to a program or agreement that provides lump sum payments to assist dealers in making facility improvements or to pay for signs or franchisor image elements when such payments are not dependent on the dealer selling or purchasing specific numbers of new vehicles and shall not apply to a program that is in effect with more than one Minnesota dealer on August 1, 2018, nor to any renewal of such program, nor to a modification that is not a substantial modification of a material term or condition of such program.
[161.089] REPORT ON DEDICATED FUND EXPENDITURES.
By January 15 of each odd-numbered year, the commissioners of transportation and public safety, in consultation with the commissioner of management and budget, must jointly submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance. The report must list detailed expenditures and transfers from the trunk highway fund and highway user tax distribution fund for the previous two fiscal years and must include information on the purpose of each expenditure.
Route No. 115.
Beginning at a point on Route No. 112 102 as herein established in St. Paul thence extending in a southerly direction to a point on Route No. 1 southerly of Wescott.
Minnesota Statutes 2018, section 161.115, subdivision 111, is amended to read:
Subd. 111.
Beginning at a point on Route No. 392 southwest or west of Ashby 3 at or near Erdahl, thence extending in a general northerly or northeasterly direction to a point on Route No. 153 as herein established at or near Ashby, thence extending in a northeasterly direction to a point on Route No. 181 as herein established at or near Ottertail.
Minnesota Statutes 2018, section 161.14, subdivision 16, is amended to read:
Eisenhower Memorial Bridge of Valor.
The bridge over the Mississippi River at the city of Red Wing, being part of Legislative Route No. 161, is hereby named and designated the "Eisenhower Memorial Bridge." Any plaques or signs memorializing this bridge should be furnished by other than the Minnesota Department of Transportation and approved by the commissioner of transportation. as the "Eisenhower Bridge of Valor." Subject to section 161.139, the commissioner must adopt a suitable design to mark this bridge and erect appropriate signs.
Minnesota Statutes 2018, section 161.14, is amended by adding a subdivision to read:
Tom Rukavina Memorial Bridge.
The bridge on marked U.S. Highway 53 over a mining area easterly of 2nd Avenue West in the city of Virginia is designated as "Tom Rukavina Memorial Bridge." Subject to section 161.139, the commissioner must adopt a suitable design to mark this bridge and erect appropriate signs.
Captain Jeffrey Vollmer Memorial Highway.
That segment of marked Trunk Highway 25 from marked Trunk Highway 7 to Carver County Road 30 is designated as "Captain Jeffrey Vollmer Memorial Highway." Subject to section 161.139, the commissioner must adopt a suitable design to mark this highway and erect appropriate signs.
Richard J. Ames Memorial Highway.
(a) The following route between the city of Jordan and marked U.S. Highway 61 is designated as the "Richard J. Ames Memorial Highway":
Beginning at a point at the eastern city limits of Jordan; thence extending easterly along marked Trunk Highway 282 to its junction with marked Trunk Highway 13; thence extending northerly along marked Trunk Highway 13 to its junction with Eagle Creek Avenue in the city limits of Prior Lake; thence extending easterly along Eagle Creek Avenue and 185th Street East to its junction with Kenwood Trail and Dakota County State-Aid Highway 50; thence extending easterly and southerly along Kenwood Trail and Dakota County State-Aid Highway 50 to its junction with marked Trunk Highway 3 in the city limits of Farmington; thence extending southerly along marked Trunk Highway 3 to its junction with marked Trunk Highway 50; thence extending easterly along marked Trunk Highway 50 to its terminus at its junction with marked Trunk Highway 20 and marked U.S. Highway 61 near Miesville.
(b) Subject to section 161.139, the commissioner must adopt a suitable design to mark this highway and erect appropriate signs on the trunk highway portions of the route, and the local road authorities must erect appropriate signs on the local roadway portions of the route, with the cost of the signs to be paid by nonpublic sources of funds.
Kenneth E. Sellon and Eugene B. Schlotfeldt Memorial Highway.
That segment of marked Interstate Highway 94 from Sauk Centre to Alexandria is designated as "Kenneth E. Sellon and Eugene B. Schlotfeldt Memorial Highway." Subject to section 161.139, the commissioner must adopt a suitable design to mark this highway and erect appropriate signs.
Ryane Clark Memorial Highway.
That segment of marked Trunk Highway 23 in Kandiyohi County between New London and Spicer is designated as "Ryane Clark Memorial Highway." Subject to section 161.139, the commissioner must adopt a suitable design to mark this highway and erect appropriate signs.
Specialist Noah Pierce Bridge.
The bridge on marked Trunk Highway 37 over marked U.S. Highway 53 in the city of Eveleth is designated as "Specialist Noah Pierce Bridge." Subject to section 161.139, the commissioner must adopt a suitable design to mark this bridge and erect appropriate signs.
State Trooper Ray Krueger Memorial Highway.
That segment of marked Trunk Highway 210 within Cass County is designated as "State Trooper Ray Krueger Memorial Highway." Subject to section 161.139, the commissioner must adopt a suitable design to mark this highway and erect appropriate signs in the vicinity of the location where Trooper Krueger died.
Warrant Officer Dennis A. Groth Memorial Bridge.
The bridge on marked U.S. Highway 52 over Dakota County State-Aid Highway 42, known as 145th Street within the city of Rosemount, is designated as "Warrant Officer Dennis A. Groth Memorial Bridge." Subject to section 161.139, the commissioner must adopt a suitable design to mark the bridge and erect appropriate signs.
Direct negotiation.
In cases where the estimated cost of construction work or maintenance work does not exceed $150,000 $250,000, the commissioner may enter into a contract for the work by direct negotiation, by obtaining two or more quotations for the work, and without advertising for bids or otherwise complying with the requirements of competitive bidding if the total contractual obligation of the state for the directly negotiated contract or contracts on any single project does not exceed $150,000 $250,000. All quotations obtained shall be kept on file for a period of at least one year after receipt of the quotation.
Minnesota Statutes 2018, section 168.013, subdivision 1a, is amended to read:
Subd. 1a.
Passenger automobile; hearse.
(a) On passenger automobiles as defined in section 168.002, subdivision 24, and hearses, except as otherwise provided, the tax is $10 plus an additional tax equal to 1.25 percent of the base value.
(b) Subject to the classification provisions herein, "base value" means the manufacturer's suggested retail price of the vehicle including destination charge using list price information published by the manufacturer or determined by the registrar if no suggested retail price exists, and shall not include the cost of each accessory or item of optional equipment separately added to the vehicle and the suggested retail price. In the case of the first registration of a new vehicle sold or leased by a licensed dealer, the dealer may elect to individually determine the base value of the vehicle using suggested retail price information provided by the manufacturer. The registrar must use the base value determined by the dealer to properly classify the vehicle. A dealer that elects to make the determination must retain a copy of the suggested retail price label or other supporting documentation with the vehicle transaction records maintained under Minnesota Rules, part 7400.5200.
(c) If the manufacturer's list price information contains a single vehicle identification number followed by various descriptions and suggested retail prices, the registrar shall select from those listings only the lowest price for determining base value.
(d) If unable to determine the base value because the vehicle is specially constructed, or for any other reason, the registrar may establish such value upon the cost price to the purchaser or owner as evidenced by a certificate of cost but not including Minnesota sales or use tax or any local sales or other local tax.
(e) The registrar shall classify every vehicle in its proper base value class as follows:
$ 0 $ 199.99
$ 200 $ 399.99
and thereafter a series of classes successively set in brackets having a spread of $200 consisting of such number of classes as will permit classification of all vehicles.
(f) The base value for purposes of this section shall be the middle point between the extremes of its class.
(g) The registrar shall establish the base value, when new, of every passenger automobile and hearse registered prior to the effective date of Extra Session Laws 1971, chapter 31, using list price information published by the manufacturer or any nationally recognized firm or association compiling such data for the automotive industry. If unable to ascertain the base value of any registered vehicle in the foregoing manner, the registrar may use any other available source or method. The registrar shall calculate tax using base value information available to dealers and deputy registrars at the time the application for registration is submitted. The tax on all previously registered vehicles shall be computed upon the base value thus determined taking into account the depreciation provisions of paragraph (h).
(h) The annual additional tax must be computed upon a percentage of the base value as follows: during the first year of vehicle life, upon 100 percent of the base value; for the second year, 90 percent of such value; for the third year, 80 percent of such value; for the fourth year, 70 percent of such value; for the fifth year, 60 percent of such value; for the sixth year, 50 percent of such value; for the seventh year, 40 percent of such value; for the eighth year, 30 percent of such value; for the ninth year, 20 percent of such value; for the tenth year, ten percent of such value; for the 11th and each succeeding year, the sum of $25.
(i) In no event shall the annual additional tax be less than $25.
(j) For any vehicle previously registered in Minnesota and regardless of prior ownership, the total amount due under this subdivision and subdivision 1m must not exceed the smallest total amount previously paid or due on the vehicle.
The change in this section is effective July 1, 2019, and expires June 30, 2022.
Application; cancellation; excessive gross weight forbidden.
(a) The applicant for all licenses based on gross weight shall state the unloaded weight of the motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry on it, the sum of which constitutes the gross weight upon which the license tax must be paid. However, the declared gross weight upon which the tax is paid must not be less than 1-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer to be registered, except recreational vehicles taxed under subdivision 1g, school buses taxed under subdivision 18, and tow trucks or towing vehicles defined in section 168B.011, subdivision 12a. The gross weight of a tow truck or towing vehicle is the actual weight of the tow truck or towing vehicle fully equipped, but does not include the weight of a wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.
(b) Except as provided by special permit issued under section 169.86, the gross weight of a motor vehicle, trailer, or semitrailer must not exceed the gross weight upon which the license tax has been paid by more than four percent or 1,000 pounds, whichever is greater; provided that, a vehicle transporting unfinished forest products on a highway, other than a highway that is part of the system of interstate and defense highways, unless a federal exemption is granted, in accordance with paragraph (d)(3):
(1) shall not exceed its gross vehicle weight upon which the license tax has been paid, or gross axle weight on any axle, by more than five percent and, notwithstanding other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for exceeding a gross vehicle or axle weight by up to five percent. This clause applies year round to suppliers of unfinished forest products to mills; and
(2) between the dates set by the commissioner in accordance with section 169.826, subdivision 1, is not subject to any provision of paragraph (d) or chapter 169 limiting the gross axle weight of any individual axle unless the entire vehicle also exceeds its gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight allowance permitted under section 169.826 or 169.8261, in which case the vehicle is subject to all applicable penalties for excess weight violations.
(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the license tax is paid must be indicated by a distinctive character on the license plate or plates except as provided in subdivision 12 or section 169.86, subdivision 5a, as applicable, and the plate or plates must be kept clean and clearly visible at all times.
(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon conviction for transporting a gross weight in excess of the gross weight for which it was registered or for operating a vehicle with an axle weight exceeding the maximum lawful axle load weight, is guilty of a misdemeanor and subject to increased registration or reregistration according to the following schedule:
(1) Upon conviction for transporting a gross weight in excess of the gross weight for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance set forth in paragraph (b) but less than 25 percent, or for operating or using a motor vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle load as provided in sections 169.822 to 169.829 by more than the allowance set forth in paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle, trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for the misdemeanor, shall apply to the registrar to increase the authorized gross weight to be carried on the vehicle to a weight equal to or greater than the gross weight the owner, driver, or user was convicted of carrying. The increase is computed for the balance of the calendar year on the basis of 1/12 of the annual tax for each month remaining in the calendar year beginning with the first day of the month in which the violation occurred. If the additional registration tax computed upon that weight, plus the tax already paid, amounts to more than the regular tax for the maximum gross weight permitted for the vehicle under sections 169.822 to 169.829, that additional amount must nevertheless be paid into the highway fund, but the additional tax thus paid does not authorize or permit any person to operate the vehicle with a gross weight in excess of the maximum legal weight as provided by sections 169.822 to 169.829. Unless the owner within 30 days after a conviction applies to increase the authorized weight and pays the additional tax as provided in this section, the registrar shall revoke the registration on the vehicle and demand the return of the registration card and plates issued on that registration.
(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or semitrailer for transporting a gross weight in excess of the gross weight for which the motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load as provided in sections 169.822 to 169.829 by 25 percent or more, and in addition to any penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity privileges on the vehicle involved if the vehicle is being operated under reciprocity or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of registration on the vehicle operated and demand the return of the registration certificate and registration plates. The registrar may not cancel the registration or reciprocity privileges for any vehicle found in violation of seasonal load restrictions imposed under section 169.87 unless the axle weight exceeds the year-round weight limit for the highway on which the violation occurred. The registrar may investigate any allegation of gross weight violations and demand that the operator show cause why all future operating privileges in the state should not be revoked unless the additional tax assessed is paid.
(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products or unfinished forest products, when the registered gross weight is not exceeded by more than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous transportation of unprocessed or raw farm products from the place of production or on-farm storage site to any other location within 100 miles of the place of production or on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished forest products from the place of production to the place of final processing or manufacture located within 200 miles of the place of production.
(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the registrar according to this section, the vehicle must not be operated on the highways of the state until it is registered or reregistered, as the case may be, and new plates issued, and the registration fee is the annual tax for the total gross weight of the vehicle at the time of violation. The reregistration pursuant to this subdivision of any vehicle operating under reciprocity agreements pursuant to section 168.181 or 168.187 must be at the full annual registration fee without regard to the percentage of vehicle miles traveled in this state.
Minnesota Statutes 2018, section 168.10, subdivision 1h, is amended to read:
Subd. 1h.
Collector military vehicle.
(a) A motor vehicle, including a truck, shall be listed and registered under this section if it meets the following conditions:
(1) it is at least 20 years old;
(2) its first owner following its manufacture was a branch of the armed forces of the United States and it presently conforms to the vehicle specifications required during the time of military ownership, or it has been restored and presently conforms to the specifications required by a branch of the armed forces for the model year that the restored vehicle could have been owned by that branch of the armed forces; and
(3) it is owned by a nonprofit organization and operated solely as a collector's vehicle. For purposes of this subdivision, "nonprofit organization" means a corporation, society, association, foundation, or institution organized and operated exclusively for historical or educational purposes, no part of the net earnings of which inures to the benefit of a private individual.
(b) The owner of the vehicle shall execute an affidavit stating the name and address of the person from whom purchased and of the new owner; the make, year, and model number of the motor vehicle; the manufacturer's identification number; and the collector military vehicle identification number, if any, located on the exterior of the vehicle. The affidavit must affirm that the vehicle is owned by a nonprofit organization and is operated solely as a collector's item and not for general transportation purposes. If the commissioner is satisfied that the affidavit is true and correct and the owner pays a $25 tax and the plate fee authorized under section 168.12, the commissioner shall list the vehicle for taxation and registration and shall issue number plates. The number plates shall bear the inscriptions "Collector" and "Minnesota" and the registration number, but no date. The number plates are valid without renewal as long as the vehicle is in existence in Minnesota. The commissioner may revoke the plates for failure to comply with this subdivision.
(c) Notwithstanding section 168.09, 168.12, or other law to the contrary, the owner of a registered collector military vehicle is not required to display registration plates on the exterior of the vehicle if the vehicle has an exterior number identification that conforms to the identifying system for military vehicles in effect when the vehicle was last owned by the branch of the armed forces of the United States or in effect in the year to which the collector military vehicle has been restored. However, the state registration plates must be carried in or on the collector military vehicle at all times.
(d) The owner of a registered collector military vehicle that is not required to display registration plates under paragraph (c) may tow a registered trailer behind it. The trailer is not required to display registration plates if the trailer:
(1) does not exceed a gross weight of 15,000 pounds;
(2) otherwise conforms to registration, licensing, and safety laws and specifications;
(3) conforms to military specifications for appearance and identification;
(4) is intended to represent and does represent a military trailer; and
(5) carries registration plates on or in the trailer or the collector military vehicle towing the trailer.
(e) This subdivision does not apply to a decommissioned military vehicle that (1) was also manufactured and sold as a comparable civilian vehicle, and (2) has the same size dimensions and vehicle weight as the comparable civilian vehicle. A decommissioned military vehicle under this paragraph is eligible for a motor vehicle title under chapter 168A and is subject to the same registration, insurance, equipment, and operating requirements as a motor vehicle.
Contributions; memorial account; appropriation.
Contributions collected under subdivision 1, clause (4), must be deposited in the Minnesota law enforcement memorial account, which is established in the special revenue fund. Money in the account is appropriated to the commissioner of public safety. This appropriation is first for the annual cost of administering the account funds, and the remaining funds are for distribution to the Minnesota Law Enforcement Memorial Association, to be used. By August 15 of each year, the commissioner must distribute all funds remaining to the association. The association must use the funds to further the mission of the association in assisting the families and home agencies of Minnesota law enforcement officers who have died in the line of duty. By January 15 of each year, the association must submit a report to the commissioner of public safety and to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance. The report must include an itemized list of each expenditure the association made with the funds received under this section for the previous calendar year.
Multiple licenses.
If a single legal entity holds more than one new or used vehicle dealer license, new and used vehicles owned by the entity may be held and offered for sale at any of the licensed dealership locations without assigning vehicle ownership or title from one licensee to another. This subdivision does not authorize the sale or offering for sale of new vehicles by a licensee that is not authorized by the manufacturer to sell that make of new vehicles.
Designated dealer title and registration liaison.
The registrar must designate by name and provide contact information for one or more registrar employees as needed to (1) promptly and effectively respond to questions from licensed dealers, and (2) troubleshoot dealer issues related to vehicle titling and registration.
Minnesota Statutes 2018, section 168.33, subdivision 8a, is amended to read:
Electronic transmission.
(a) If the commissioner accepts electronic transmission of a motor vehicle transfer and registration by a new or used motor vehicle dealer, a deputy registrar who is equipped with electronic transmission technology and trained in its use shall receive the filing fee provided for in subdivision 7 and review the transfer of each new or used motor vehicle to determine its genuineness and regularity before issuance of a certificate of title, and shall receive and retain the filing fee under subdivision 7, paragraph (a), clause (ii) (2).
(b) The commissioner must establish reasonable performance, security, technical, and financial standards to approve companies that provide computer software and services to motor vehicle dealers to electronically transmit vehicle title transfer and registration information. An approved company must be offered access to department facilities, staff, and technology on a fair and reasonable basis.
This section is effective upon full implementation of the replacement vehicle services information system.
Vehicle registration data; federal compliance.
(a) Data on an individual provided to register a vehicle shall be treated as provided by United States Code, title 18, section 2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted by that section. Licensed dealers may obtain data for uses as permitted by United States Code, title 18, section 2721, subsections (b)(2), for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, or motor vehicle product alterations, recalls, or advisories, (3), and (13). The commissioner shall disclose the data in bulk form to an authorized recipient upon request for any of the permissible uses described in United States Code, title 18, section 2721.
(b) The registered owner of a vehicle who is an individual may consent in writing to the commissioner to disclose the individual's personal information exempted by United States Code, title 18, section 2721, to any person who makes a written request for the personal information. If the registered owner is an individual and so authorizes disclosure, the commissioner shall implement the request.
(c) If authorized by the registered owner as indicated in paragraph (b), the registered owner's personal information may be used, rented, or sold solely for bulk distribution by organizations for business purposes including surveys, marketing, or solicitation.
Application for certificate of title.
(a) Except as provided in section 168A.03, every owner of a vehicle which is in this state and for which no currently effective certificate of title has been issued in this state shall make application must apply to the department for a certificate of title of the vehicle, pursuant to rules adopted by the department under section 168A.24, subdivision 2, clause 3 (3).
(b) A decommissioned military vehicle that (1) was also manufactured and sold as a comparable civilian vehicle, and (2) has the same size dimensions and vehicle weight as the comparable civilian vehicle, is eligible for a certificate of title under this chapter.
Minnesota Statutes 2018, section 168A.085, is amended by adding a subdivision to read:
Consular identification card.
A valid and unexpired consular identification card issued to the applicant by the recognized consulate of a jurisdiction other than the United States is a primary document for purposes of Minnesota Rules, part 7410.0400, and successor rules, when the applicant is an individual who is applying as the owner for a vehicle title or registration.
This section is effective the day following final enactment and applies retroactively to motor vehicle title applications and registrations submitted on or after October 1, 2018.
Owner's interest terminated or vehicle sold by secured party.
If the interest of the owner is terminated or the vehicle is sold under a security agreement by a secured party named in the certificate of title or an assignee of the secured party, the transferee shall promptly mail or deliver to the department the last certificate of title, if available, an application for a new certificate in the format the department prescribes, and an affidavit made by or on behalf of the secured party or assignee that the interest of the owner was lawfully terminated or the vehicle sold pursuant to the terms of the security agreement. If the secured party or assignee succeeds to the interest of the owner and holds the vehicle for resale, the secured party or assignee need not secure a new certificate of title provided that a notice thereof in a format designated by the department is mailed or delivered by the secured party or assignee to the department in duplicate within 48 hours, but upon transfer to another person the secured party or assignee shall promptly execute assignment and warranty of title and mail or deliver to the transferee or the department the certificate, if available, the affidavit, and other documents required to be sent to the department by the transferee.
Minnesota Statutes 2018, section 168A.17, is amended by adding a subdivision to read:
Notice of perfection by dealer.
When a security interest in a vehicle sold by a dealer licensed under section 168.27 is perfected under subdivision 2, the dealer may provide a statement of perfection to the secured party on a form provided by the department. The statement must certify compliance with subdivision 2 and contain the date of delivery to the department. The information provided in the dealer's statement is considered prima facie evidence of the facts contained in it.
Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision to read:
Subd. 54b.
Platooning system.
"Platooning system" means driver-assisted vehicle-to-vehicle technology that integrates electronic communications between and among multiple vehicles to synchronize speed, acceleration, and braking while leaving system monitoring and intervention in the control of each vehicle's human operator.
Residential roadway.
"Residential roadway" means a city street or town road that is either (1) less than one-half mile in total length, or (2) in an area zoned exclusively for housing that is not a collector or arterial street.
Subd. 92a.
Vehicle platoon.
"Vehicle platoon" means a group of commercial vehicles traveling in a unified manner through use of a platooning system or systems. A vehicle platoon consists of a lead vehicle and following vehicles. A vehicle platoon is not a combination vehicle under this chapter.
Zoning within local area.
When local authorities believe that the existing speed limit upon any street or highway, or part thereof, within their respective jurisdictions and not a part of the trunk highway system is greater or less than is reasonable or safe under existing conditions, they may request the commissioner to authorize, upon the basis of an engineering and traffic investigation, the erection of appropriate signs designating what speed is reasonable and safe, and the commissioner may authorize the erection of appropriate signs designating a reasonable and safe speed limit thereat, which speed limit shall be effective when such signs are erected. Any speeds in excess of these speed limits shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful; except that any speed limit within any municipality shall be a maximum limit and any speed in excess thereof shall be unlawful. Alteration of speed limits on streets and highways shall be made only upon authority of the commissioner except as provided in subdivision 5a by law.
Speed limits on city streets.
A city may establish speed limits for city streets under the city's jurisdiction other than the limits provided in subdivision 2 without conducting an engineering and traffic investigation. This subdivision does not apply to town roads, county highways, or trunk highways in the city. A city that establishes speed limits pursuant to this section must implement speed limit changes in a consistent and understandable manner. The city must erect appropriate signs to display the speed limit. A city that uses the authority under this subdivision must develop procedures to set speed limits based on the city's safety, engineering, and traffic analysis. At a minimum, the safety, engineering, and traffic analysis must consider national urban speed limit guidance and studies, local traffic crashes, and methods to effectively communicate the change to the public.
Keep to the right.
Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
(1) when overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2) when the right half of a roadway is closed to traffic while under construction or repair;
(3) upon a roadway divided into three marked lanes for traffic under the rules applicable thereon;
(4) upon a roadway designated and signposted for one-way traffic as a one-way roadway; or
(5) as necessary to comply with subdivision 11 when approaching an authorized emergency vehicle parked or stopped on the roadway; or
(6) as necessary to comply with subdivision 12 when approaching a road maintenance or construction vehicle parked or stopped on the roadway.
Laned highway.
When any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall with this subdivision, apply:
(a) (1) a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such the lane until the driver has first ascertained that such the movement can be made with safety.;
(b) (2) upon a roadway which is not a one-way roadway and which is divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and is signposted to give notice of such the allocation. The left lane of a three-lane roadway which is not a one-way roadway shall not be used for overtaking and passing another vehicle.;
(c) (3) official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign.;
(d) (4) whenever a bicycle lane has been established on a roadway, any person operating a motor vehicle on such the roadway shall not drive in the bicycle lane except to perform parking maneuvers in order to park where parking is permitted, to enter or leave the highway, to prepare for a turn as provided in section 169.19, subdivision 1, or to stop a school bus for the purpose of receiving or discharging any person provided the school bus is equipped and identified as provided in sections 169.441 and 169.442, subdivision 1, and the flashing red signals are activated and stop-signal arm is extended.; and
(5) notwithstanding clause (1), the operator of a vehicle with a total length in excess of 40 feet, a total width in excess of ten feet, or any combination of vehicles may, with due regard for all other traffic, deviate from the lane in which the operator is driving to the extent necessary to approach and drive through a roundabout.
Following vehicle too closely.
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the conditions of the highway.
(b) The driver of any motor vehicle drawing another vehicle, or the driver of any motor truck or bus, when traveling upon a roadway outside of a business or residence district, shall not follow within 500 feet of another vehicle. The provisions of this paragraph shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by motor trucks. This paragraph does not apply to following vehicles in a vehicle platoon if the operator has an approved plan in compliance with section 169.881.
(c) The driver of a motor vehicle shall not follow within 500 feet of an authorized emergency vehicle that is traveling in response to an emergency.
Slow-moving vehicle Slower vehicles.
(a) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or a roadway with one lane in the direction of travel, a person proceeding at a speed that is sufficiently low as to create a traffic hazard must operate the vehicle as close as practicable to the right-hand curb or edge of the roadway, except.
(b) Upon a roadway with more than one lane in the same direction of travel, a person must move out of the left-most lane to allow another vehicle to pass, when practicable under existing conditions. A left-most lane under this paragraph is the lane adjacent to one designated and posted for a specific type of traffic, including as provided under section 160.93. This paragraph does not apply when:
(1) overtaking and passing another vehicle proceeding in the same direction, or when;
(2) preparing for a left turn at an intersection or into a private road or driveway, or when a specific;
(3) preparing to exit a controlled-access highway on the left side of the road;
(4) the lane is designated and posted for a specific type of traffic; or
(5) the vehicle is an authorized emergency vehicle.
This section is effective August 1, 2019, and applies to violations committed on or after that date.
Transit bus; school bus.
(a) The driver of a vehicle traveling in the right-hand lane of traffic shall yield the right-of-way to any transit bus attempting to enter that lane from a bus stop or shoulder, as indicated by a flashing left turn signal.
(b) The driver of a vehicle traveling in the right-hand lane of traffic shall yield the right-of-way to any school bus attempting to enter that lane from a shoulder, right-turn lane, or other location where the school bus has stopped to load or unload passengers. The school bus must indicate the intent to enter the right-hand lane of traffic by activating a flashing left turn signal.
Roundabouts.
If two vehicles with a total length in excess of 40 feet, a total width in excess of ten feet, or any combination of vehicles, approach or drive through a roundabout at approximately the same time or so closely as to constitute a hazard of collision, the operator of the vehicle or combination of vehicles on the right must yield the right-of-way to the vehicle or combination of vehicles on the left and, if necessary, must reduce speed or stop in order to so yield.
(a) Except as provided in section 169.28, subdivision 1, when any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this paragraph, the driver shall stop the vehicle not less than ten feet from the nearest railroad track and shall not proceed until safe to do so and until the roadway is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet past the farthest railroad track. These requirements apply when:
(1) a clearly visible electric or mechanical signal device warns of the immediate approach of a railroad train or other on-track equipment; or
(2) an approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity.
(b) The fact that a moving railroad train or other on-track equipment approaching a railroad grade crossing is visible from the crossing is prima facie evidence that it is not safe to proceed.
(c) The driver of a vehicle shall stop and remain stopped and not traverse the grade crossing when (1) a human flagger signals the approach or passage of a railroad train or other on-track equipment, or when (2) a crossing gate is lowered warning of the immediate approach or passage of a railroad train or other on-track equipment. No person may drive a vehicle past a flagger at a railroad crossing until the flagger signals that the way is clear to proceed or drive a vehicle past a lowered crossing gate.
Pedestrians; penalty.
(a) A pedestrian shall not pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing while the gate or barrier is closed or is being opened or closed.
(b) A pedestrian shall not enter, remain upon, or traverse over a railroad track, grade crossing, or pedestrian walkway crossing a railroad track when an audible bell or clearly visible electric or mechanical signal device is operational and warning of the presence, approach, passage, or departure of a railroad train or other on-track equipment.
(c) A person who violates this subdivision is subject to a fine of up to $100.
Minnesota Statutes 2018, section 169.28, is amended to read:
169.28 CERTAIN VEHICLES TO STOP AT RAILROAD CROSSING.
(a) The driver of any motor vehicle carrying passengers for hire, or of any school bus whether carrying passengers or not, or of any Head Start bus whether carrying passengers or not, or of any vehicle that is required to stop at railroad grade crossings under Code of Federal Regulations, title 49, section 392.10, before crossing at grade any track or tracks of a railroad, shall stop the vehicle not less than 15 feet nor more than 50 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching railroad train or other on-track equipment, and for signals indicating the approach of a railroad train or other on-track equipment, except as hereinafter otherwise provided, and shall in this section. The driver must not proceed until safe to do so and until the roadway is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet past the farthest railroad track. The driver must not shift gears while crossing the railroad tracks.
(b) A school bus or Head Start bus shall not be flagged across railroad grade crossings except at those railroad grade crossings that the local school administrative officer may designate.
(c) A type III vehicle, as defined in section 169.011, is exempt from the requirement of school buses to stop at railroad grade crossings.
(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle track or tracks that are located in a public street when:
(1) the crossing occurs within the intersection of two or more public streets;
(2) the intersection is controlled by a traffic-control signal; and
(3) the intersection is marked with signs indicating to drivers that the requirements of this subdivision do not apply. Notwithstanding any other provision of law, the owner or operator of the track or tracks is authorized to place, maintain, and display the signs upon and in the view of the public street or streets.
Exempt crossing.
(a) The commissioner may designate a crossing as an exempt crossing:
(1) if the crossing is on a rail line on which service has been abandoned;
(2) if the crossing is on a rail line that carries fewer than five railroad trains each year, traveling at speeds of ten miles per hour or less; or
(3) as agreed to by the operating railroad and the Department of Transportation, following a diagnostic review of the crossing.
(b) The commissioner shall direct the railroad to erect at the crossing signs bearing the word "Exempt" that conform to section 169.06. The installation or presence of an exempt sign does not relieve a driver of the duty to use due care.
(c) A railroad train or other on-track equipment must not proceed across an exempt crossing unless a police officer is present to direct traffic or a railroad employee is on the ground to warn traffic until the railroad train enters the crossing.
(c) (d) A vehicle that must stop at grade crossings under subdivision 1 is not required to stop at a marked exempt crossing unless directed otherwise by a police officer or a railroad employee.
169.29 CROSSING RAILROAD TRACKS WITH CERTAIN EQUIPMENT.
(a) No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of six or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section.
(b) Before making any crossing, the person operating or moving any vehicle or equipment set forth in this section shall first stop the same not less than ten, nor more than 50, feet from the nearest rail of the railway, and while so stopped shall listen and look in both directions along the track for any approaching railroad train or other on-track equipment and for signals indicating the approach of a railroad train or other on-track equipment, and shall not proceed until the crossing can be made safely.
(c) No crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or other on-track equipment or car.
(d) No A stop need be made is not required at a crossing on a rail line on which service has been abandoned and where a sign erected in conformance with section 169.06 and bearing the word "Exempt" has been installed, unless directed otherwise by a flagger. The installation or presence of an exempt sign shall not relieve any driver of the duty to use due care.
White strobe lamps on certain buses transporting children.
Notwithstanding section 169.55, subdivision 1, or 169.57, subdivision 3, paragraph (b), or other law to the contrary, A school bus that is subject to and complies with the equipment requirements of subdivision 1 and section 169.441, subdivision 1, or a Head Start bus, may be equipped with a flashing strobe lamp under section 169.64, subdivision 8.
Supplemental warning system.
In addition to the signals required under subdivision 1, a type A, B, C, or D school bus may be equipped with a supplemental warning system under section 169.4503, subdivision 31.
Use of stop-signal arm.
(a) The stop-signal arm system of a school bus must be used in conjunction with the flashing red signals only when the school bus is stopped on a street or highway to load or unload school children.
(b) A local authority, including the governing body of an Indian tribe, may by ordinance require that a school bus activate the stop-signal arm system and flashing red signals while stopped to unload school children at a location other than a location on a street or highway. The ordinance must designate each location where the requirement is imposed. The requirement is effective only if the local authority has erected signs at or near the location to provide adequate notice that other vehicles are required to obey section 169.444, subdivision 1, when those signals are activated.
(c) A school bus driver is prohibited from loading or unloading passengers in a designated right-turn lane or in a lane immediately adjacent to a designated right-turn lane unless:
(1) a school bus stop designated by the district transportation safety director is located in the right-turn lane;
(2) the driver stops the bus at the extreme right side of the right-turn lane; and
(3) the driver activates the prewarning flashing amber signals, flashing red signals, and stop-signal arm, unless the school board or its designee, based on safety considerations, provides written direction to the driver not to do so.
After loading or unloading passengers, the school bus driver may re-enter the right-hand lane of traffic without turning right. The school bus must indicate the intent to enter the right-hand lane of traffic by activating a flashing left turn signal.
Restrictions on appearance; misdemeanor.
(a) A bus that is not used as a school bus may must not be operated on a street or highway unless it is painted a color significantly different than national school bus glossy yellow.
(b) A bus that is not used as a school bus or Head Start bus may not be operated if it is equipped with school bus or Head Start bus-related equipment and printing.
(c) A violation of this subdivision is a misdemeanor.
(d) This subdivision does not apply to a school bus owned by or under contract to a school district operated as a charter or leased bus.
(e) This subdivision does not apply to a school bus operated by a licensed child care provider if:
(1) the stop stop-signal arm is removed;
(2) the eight-light system is lighting systems for prewarning flashing amber signals, flashing red signals, and supplemental warnings under section 169.4503, subdivision 31, are deactivated;
(3) the school bus is identified as a "child care bus" in letters at least eight inches high on the front and rear top of the bus;
(4) the name, address, and telephone number of the owner or operator of the bus is identified on each front door of the bus in letters not less than three inches high; and
(5) the conditions under section 171.02, subdivision 2a, paragraphs (a) through to (j), and (l), and (n), have been met.
Fenderettes may be black. The beltline may be painted yellow over black or black over yellow. The rub rails shall adjacent to the beltline may be black or yellow. All other rub rails must be black. The area around the lenses of alternately flashing signal lamps extending outward from the edge of the lamp three inches, plus or minus one-quarter inch, to the sides and top and at least one inch to the bottom, shall must be black. Visors or hoods, black in color, with a minimum of four inches may be provided.
Minnesota Statutes 2018, section 169.4503, subdivision 13, is amended to read:
(a) Each bus shall must, in the beltline, identify the school district serviced, or company name, or owner of the bus. Numbers necessary for identification must appear on the sides and rear of the bus. Symbols or letters may be used on the outside of the bus near the entrance door for student identification. A manufacturer's nameplate or logo may be placed on the bus.
(b) Effective December 31, 1994, All type A, B, C, and D buses sold must display lettering "Unlawful to pass when red lights are flashing" on the rear of the bus. The lettering shall must be in two-inch black letters on school bus yellow background. This message shall must be displayed directly below the upper window of the rear door. On rear engine buses, it shall must be centered at approximately the same location. Only signs and lettering approved or required by state law may are permitted to be displayed.
(c) The requirements of paragraph (b) do not apply to a type A, B, C, or D school bus that is equipped with a changeable electronic message sign on the rear of the bus that:
(1) displays one or more of the messages: "Caution / stopping," "Unlawful to pass," "Stop / do not pass," or similar messages approved by the commissioner;
(2) displays messages in conjunction with bus operation and activation of prewarning flashing amber signals, flashing red signals, or stop-signal arm, as appropriate; and
(3) is a supplemental warning system under subdivision 31.
Minnesota Statutes 2018, section 169.4503, is amended by adding a subdivision to read:
Supplemental warning system; temporary authority.
(a) Prior to August 1, 2022, the commissioner may approve a type A, B, C, or D school bus to be equipped with a supplemental warning system. On and after that date, a school bus may continue to be equipped with a previously approved supplemental warning system.
(b) To determine approval of a supplemental warning system, the commissioner must consider:
(1) signal colors, which are limited to one or more of the colors white, amber, and red;
(2) flashing patterns;
(3) vehicle mounting and placement;
(4) supplemental warning system activation in conjunction with activation of prewarning flashing amber signals, stop-signal arm, and flashing red signals;
(5) light intensity; and
(6) permissible text, signage, and graphics, if any.
(c) The commissioner must review relevant research findings and experience in other jurisdictions, and must consult with interested stakeholders, including but not limited to representatives from school district pupil transportation directors, private school bus operators, and pupil transportation and traffic safety associations.
Lights or reflectors required.
At the times when lighted lamps on vehicles are required each vehicle including an animal-drawn vehicle and any vehicle specifically excepted in sections 169.47 to 169.79, with respect to equipment and not hereinbefore specifically previously required to be equipped with lamps, shall must be equipped with one or more lighted lamps or lanterns projecting a white light visible from a distance of 500 feet to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of 500 feet to the rear, except that reflectors meeting the maximum requirements of this chapter may be used in lieu of the lights required in this subdivision. It shall be unlawful except as otherwise provided in this subdivision, to project a white light to the rear of any such vehicle while traveling on any street or highway, unless such vehicle is moving in reverse. A lighting device mounted on top of a vehicle engaged in deliveries to residences may project a white light to the rear if the sign projects one or more additional colors to the rear. An authorized emergency vehicle may display an oscillating, alternating, or rotating white light used in connection with an oscillating, alternating, or rotating red light when responding to emergency calls.
(a) When a vehicle is equipped with stop lamps or signal lamps, such the lamps shall must at all times be maintained in good working condition.
(b) No stop lamps or signal lamp shall project a glaring or dazzling light.
(c) All mechanical signal devices shall must be self-illumined when in use at the times when lighted lamps on vehicles are required.
Transportation network company vehicle.
(a) For purposes of this subdivision, the definitions in section 65B.472, subdivision 1, apply except that "transportation network company vehicle" has the meaning given to "personal vehicle" in section 65B.472, subdivision 1, paragraph (c).
(b) A transportation network company vehicle may be equipped with no more than two removable, interior-mounted, trade dress identifying devices as provided by the transportation network company that are designed to assist riders in identifying and communicating with drivers. The identifying device may be illuminated and emit a steady beam of solid colored light in any direction when the driver is logged into the digital network. The identifying device must not: (1) display the colors red, amber, or blue; (2) project a flashing, oscillating, alternating, or rotating light; or (3) project a glaring or dazzling light.
Flashing lights; glaring lights.
(a) Flashing lights are prohibited, except:
(1) on an authorized emergency vehicle, school bus, bicycle as provided in section 169.222, subdivision 6, road maintenance equipment, tow truck or towing vehicle as provided in section 168B.16, service vehicle, farm tractor, self-propelled farm equipment, rural mail carrier vehicle, or funeral home vehicle, or;
(2) on any vehicle as a means of indicating a right or left turn, or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, or passing.; or
(3) as otherwise provided in this section.
(b) All flashing warning lights shall must be of the type authorized by section 169.59, subdivision 4, unless otherwise permitted or required in this chapter.
(c) A stop lamp or signal lamp is prohibited from projecting a glaring or dazzling light, except for:
(1) strobe lamps as provided under subdivision 8 or section 169.59, subdivision 4; or
(2) a school bus equipped with a supplemental warning system under section 169.4503, subdivision 31.
White light.
(a) It is unlawful to project a white light at the rear of a vehicle while traveling on any street or highway, except:
(1) for a vehicle moving in reverse;
(2) for a school bus equipped with a supplemental warning system under section 169.4503, subdivision 31;
(3) for a strobe lamp as provided under subdivision 8;
(4) as required for license plate illumination under section 169.50, subdivision 2;
(5) as provided in section 169.59, subdivision 4; and
(6) as otherwise provided in this subdivision.
(b) A lighting device mounted on top of a vehicle engaged in deliveries to residences may project a white light to the rear if the sign projects one or more additional colors to the rear.
(c) An authorized emergency vehicle may display an oscillating, alternating, or rotating white light used in connection with an oscillating, alternating, or rotating red light when responding to emergency calls.
Strobe lamp.
(a) Notwithstanding sections 169.55, subdivision 1; 169.57, subdivision 3, paragraph (b); or any other law to the contrary, a vehicle may be equipped with a 360-degree flashing strobe lamp that emits a white light with a flash rate of 60 to 120 flashes a minute, and the lamp may be used as provided in this subdivision, if the vehicle is:
(1) a school bus that is subject to and complies with the equipment requirements of sections 169.441, subdivision 1, and section 169.442, subdivision 1, or a Head Start bus. The lamp must operate from a separate switch containing an indicator lamp to show when the strobe lamp is in use; or
(2) a road maintenance vehicle owned or under contract to the Department of Transportation or a road authority of a county, home rule or statutory city, or town, but the strobe lamp may only be operated while the vehicle is actually engaged in snow removal during daylight hours.
(b) Notwithstanding sections 169.55, subdivision 1; 169.57, subdivision 3, paragraph (b); or any other law to the contrary, a vehicle may be equipped with a 360-degree flashing strobe lamp that emits an amber light with a flash rate of 60 to 120 flashes a minute, and the lamp may be used as provided in this subdivision, if the vehicle is a rural mail carrier vehicle, provided that the strobe lamp is mounted at the highest practicable point on the vehicle. The strobe lamp may only be operated while the vehicle is actually engaged during daylight hours in the delivery of mail to residents on a rural mail route.
(c) A strobe lamp authorized by this section shall subdivision must be of a double flash type certified to the commissioner of public safety by the manufacturer as being weatherproof and having a minimum an effective light output of 200 candelas as measured by the Blondel-Rey formula that meets or exceeds the most recent version of SAE International standard J845, Class 2, or a subsequent standard.
Prohibitions generally; exceptions.
(a) A person shall not drive or operate any motor vehicle with:
(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision;
(2) any objects suspended between the driver and the windshield, other than:
(i) sun visors;
(ii) rearview mirrors;
(iii) driver feedback and safety monitoring equipment when mounted immediately behind, slightly above, or slightly below the rearview mirror;
(iv) global positioning systems or navigation systems when mounted or located near the bottommost portion of the windshield; and
(v) electronic toll collection devices; or and
(vi) an identifying device as provided in section 169.58, subdivision 5, when the device is mounted or located near the bottommost portion of the windshield; or
(3) any sign, poster, or other nontransparent material upon the front windshield, sidewings, or side or rear windows of the vehicle, other than a certificate or other paper required to be so displayed by law or authorized by the state director of the Division of Emergency Management or the commissioner of public safety.
(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.
(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles.
Glazing material; prohibitions and exceptions.
(a) No A person shall must not drive or operate any motor vehicle required to be registered in the state of Minnesota upon any street or highway under the following conditions:
(1) when the windshield is composed of, covered by, or treated with any material which has the effect of making the windshield more reflective or in any other way reducing light transmittance through the windshield;
(2) when any window on the vehicle is composed of, covered by, or treated with any material that has a highly reflective or mirrored appearance;
(3) when any side window or rear window is composed of or treated with any material so as to obstruct or substantially reduce the driver's clear view through the window or has a light transmittance of less than 50 percent plus or minus three percent in the visible light range or a luminous reflectance of more than 20 percent plus or minus three percent; or
(4) when any material has been applied after August 1, 1985, to any motor vehicle window without an accompanying permanent marking which indicates the percent of transmittance and the percent of reflectance afforded by the material. The marking must be in a manner so as not to obscure vision and be readable when installed on the vehicle.
(b) This subdivision does not apply to glazing materials which:
(1) have not been modified since the original installation, nor to original replacement windows and windshields, that were originally installed or replaced in conformance with Federal Motor Vehicle Safety Standard 205;
(2) are required to satisfy prescription or medical needs of the driver of the vehicle or a passenger if:
(i) the driver or passenger is in possession of the prescription or a physician's statement of medical need;
(ii) the prescription or statement specifically states the minimum percentage that light transmittance may be reduced to satisfy the prescription or medical needs of the patient; and
(iii) the prescription or statement contains an expiration date, which must be no more than two years after the date the prescription or statement was issued; or
(3) are applied to:
(i) the rear windows of a pickup truck as defined in section 168.002, subdivision 26;
(ii) the rear windows or the side windows on either side behind the driver's seat of a van as defined in section 168.002, subdivision 40;
(iii) the side and rear windows of a vehicle used to transport human remains by a funeral establishment holding a license under section 149A.50;
(iv) the side and rear windows of a limousine as defined in section 168.002, subdivision 15; or
(v) the rear and side windows of a police vehicle.
Glazing material; exceptions.
(a) Subdivision 4 does not apply to glazing materials that:
(1) have not been modified since the original installation, nor to original replacement windows and windshields, that were originally installed or replaced in conformity with Federal Motor Vehicle Safety Standard 205;
(2) are required to satisfy prescription or medical needs, provided:
(i) the vehicle's driver or a passenger possesses a prescription or a physician's statement of medical need;
(b) For the purposes of paragraph (a), clause (2), a driver of a vehicle may rely on a prescription or physician's statement of medical need issued to a person not present in the vehicle if:
(1) the prescription or physician's statement of medical need is issued to (i) the driver's parent, child, grandparent, grandchild, sibling, or spouse, or (ii) a person for whom the driver is a personal care attendant;
(2) the prescription or physician's statement of medical need specifies the make, model, and license plate of one or two vehicles that will have tinted windows; and
(3) the driver is in possession of the prescription or physician's statement of medical need.
Paragraph (b) is effective November 1, 2019.
Automobile transporter.
(a) For purposes of this subdivision, the following terms have the meanings given them:
(1) "automobile transporter" means any vehicle combination designed and used to transport assembled highway vehicles, including truck camper units;
(2) "stinger-steered combination automobile transporter" means a truck tractor semitrailer having the fifth wheel located on a drop frame located behind and below the rear-most axle of the power unit; and
(3) "backhaul" means the return trip of a vehicle transporting cargo or general freight, including when carrying goods back over all or part of the same route.
(b) Stinger-steered combination automobile transporters having a length of 80 feet or less may be operated on interstate highways and other highways designated in this section, and in addition may carry a load that extends the length by four feet or less in the front of the vehicle and six feet or less in the rear of the vehicle.
(c) An automobile transporter may transport cargo or general freight on a backhaul, provided it complies with weight limitations for a truck tractor and semitrailer combination under section 169.824.
Towaway trailer transporter combinations.
An unladen power unit may tow two trailers or semitrailers when the combination (1) is not used to carry property, (2) does not exceed 82 feet in length, and (3) has a total gross weight that does not exceed 26,000 pounds. The trailers or semitrailers must consist of inventory property of a manufacturer, distributor, or dealer of the trailers or semitrailers.
(a) A vehicle or combination of vehicles described in subdivision 1 must:
(1) comply with seasonal load restrictions in effect between the dates set by the commissioner under section 169.87, subdivision 2;
(2) comply with bridge load limits posted under section 169.84;
(3) be equipped and operated with six or more axles and brakes on all wheels;
(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle weight during the time when seasonal increases are authorized under section 169.826;
(5) not be operated on interstate highways;
(6) obtain an annual permit from the commissioner of transportation;
(7) obey all road postings; and
(8) not exceed 20,000 pounds gross weight on any single axle.
(b) A vehicle operated under this section may exceed the legal axle weight limits listed in section 169.824 by not more than 12.5 percent; except that, the weight limits may be exceeded by not more than 23.75 percent during the time when seasonal increases are authorized under section 169.826, subdivision 1.
(c) Notwithstanding paragraph (a), clause (5), a vehicle or combination of vehicles hauling raw or unfinished forest products may operate on the segment of marked Interstate Highway 35 provided under United States Code, title 23, section 127(q)(2)(D).
Certain emergency vehicles.
(a) The provisions of sections 169.80 to 169.88 governing size, weight, and load do not apply to a fire apparatus, a law enforcement special response vehicle, or a licensed land emergency ambulance service vehicle.
(b) Emergency vehicles designed to transport personnel and equipment to support the suppression of fires and to mitigate other hazardous situations are subject to the following weight limitations when operated on an interstate highway: (1) 24,000 pounds on a single steering axle; (2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear drive steer axle; and (4) 62,000 pounds on a tandem axle. The gross weight of an emergency vehicle operating on an interstate highway must not exceed 86,000 pounds.
Minnesota Statutes 2018, section 169.864, is amended to read:
169.864 SPECIAL PAPER PRODUCTS VEHICLE PERMITS.
Special three-unit vehicle permit.
The commissioner may issue a permit for a vehicle that transports paper products, finished forest products, or iron ore tailings and meets the following requirements:
(1) is a combination of vehicles, including a truck-tractor and a semitrailer drawing one additional semitrailer, which may be equipped with an auxiliary dolly, and no semitrailer used in the three-vehicle combination has an overall length in excess of 28-1/2 feet;
(2) has a maximum gross vehicle weight of 108,000 pounds;
(3) complies with the axle weight limits in section 169.824;
(4) complies with the tire weight limits in section 169.823 or the tire manufacturers' recommended load, whichever is less;
(5) is operated only in this state on Trunk Highway marked 2 between Grand Rapids and the port of Duluth; on Trunk Highway marked 169 between Grand Rapids and its junction with Trunk Highway marked 53; on Trunk Highway marked 194 between Trunk Highway marked 2 and Trunk Highway marked 53; and on Trunk Highway marked 53 between Virginia and the port of Duluth; and
(6) the seasonal weight increases authorized under section 169.826, subdivision 1, do not apply.
Special two-unit vehicle permit.
(1) is a combination of vehicles consisting of a truck-tractor and a single semitrailer that may exceed 48 feet, but not 53 feet, if the distance from the kingpin to the centerline of the rear axle group of the semitrailer does not exceed 43 feet;
(2) has a maximum gross vehicle weight of 90,000 pounds if the vehicle combination has a total of six or more axles or 97,000 pounds if the vehicle combination has a total of seven or more axles;
(3) has a maximum gross vehicle weight of 99,000 pounds during the time when seasonal weight increases authorized under section 169.826, subdivision 1, are in effect;
(5) complies with the tire weight limits in section 169.823 or the tire manufacturers' recommended load, whichever is less; and
(6) is operated only on the highways specified in subdivision 1, clause (5).
Special tire-hauling permit.
(a) The commissioner may issue a permit authorizing a vehicle used exclusively to haul earthmover tires, if the vehicle:
(1) is a combination of vehicles with seven or more axles, consisting of a truck with loader and trailer, which may be equipped with an auxiliary dolly;
(3) has a maximum width of 144 inches;
(4) does not exceed the axle weight limits in sections 169.823, subdivision 1, clause (2), and 169.824, by more than 22 percent;
(5) complies with the tire weight limits in section 169.823, or the tire manufacturer's recommended load, whichever is less; and
(b) The seasonal weight increases authorized under section 169.826, subdivision 1, do not apply to permits issued under this subdivision.
Vehicles issued permits under subdivisions 1, 2, and 2a, must comply with the following restrictions:
(1) the vehicle must be operated in compliance with seasonal load restrictions under section 169.87;
(2) the vehicle may not be operated on the interstate highway system; and
(3) the vehicle may be operated on streets or highways under the control of local authorities only upon the approval of the local authority; however, vehicles may have reasonable access to terminals and facilities for food, fuel, repairs, and rest and for continuity of route within one mile of the national network as provided by section 169.81, subdivision 3, and by Code of Federal Regulations, title 23, section 658.19.
Permit fee; appropriation.
Vehicle permits issued under subdivision 1, clause (1), must be annual permits. The fee is $850 for each vehicle combination and must be deposited in the trunk highway fund. The fee for annual permits issued under subdivision 2 is $300 for a 90,000-pound vehicle combination or $500 for a 97,000-pound vehicle combination. The fee for annual permits issued under subdivision 2a is $850. An amount sufficient to administer the permit program is appropriated from the trunk highway fund to the commissioner for the costs of administering the permit program.
Six-axle vehicles.
(a) A road authority may issue an annual permit authorizing a vehicle or combination of vehicles with a total of six or more axles to haul raw or unprocessed qualifying agricultural products and be operated with a gross vehicle weight of up to:
(1) 90,000 pounds; and
(2) 99,000 pounds during the period set by the commissioner under section 169.826, subdivision 1.
(b) Notwithstanding subdivision 3, paragraph (a), clause (4), a vehicle or combination of vehicles operated under this subdivision and transporting only sealed intermodal containers may be operated on an interstate highway if allowed by the United States Department of Transportation.
(c) The fee for a permit issued under this subdivision is $300, or a proportional amount as provided in section 169.86, subdivision 5.
For purposes of this section, "qualifying agricultural products" means:
(1) agricultural crops, including but not limited to corn, soybeans, oats, grain, and by-products of agricultural crops;
(2) livestock, including but not limited to cattle, hogs, and poultry;
(3) food crops, including but not limited to sugar beets, potatoes, carrots, and onions;
(4) fluid milk;
(5) seed and material used for or in livestock and poultry feed; and
(6) livestock manure.
Seven-axle vehicles.
(a) A road authority may issue an annual permit authorizing a vehicle or combination of vehicles with a total of seven or more axles to haul raw or unprocessed qualifying agricultural products and be operated with a gross weight of up to:
(b) Drivers of vehicles operating under this subdivision must comply with driver qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code of Federal Regulations, title 49, parts 40 and 382, unless exempt under section 221.031, subdivision 2c.
[169.881] VEHICLE PLATOONS.
Vehicle platoon plan.
(a) A person may apply to the commissioner for approval of a plan to use a platooning system on freeways and expressways, as defined in section 160.02, on the trunk highway system. A platooning system may only be used if a plan has been approved by the commissioner. The commissioner must consult with the commissioner of public safety prior to approving the plan, regarding identifiable public safety concerns.
(b) A plan is valid for one year from the date of issuance, unless the plan is for a shorter period of time, in which case the plan is valid for the shorter time period.
Required information.
The plan must include but is not limited to the following information submitted in the manner prescribed by the commissioner:
(1) total length of the vehicle platoon;
(2) the configuration of the vehicle platoon, including spacing between vehicles;
(3) proposed route and section of freeway or expressway;
(4) proposed time frames the vehicle platoon will be operating;
(5) certification that each human driver in the vehicle platoon has a valid driver's license for the type or class of vehicle being driven;
(6) certification that the vehicle height, width, and weight limits conform to this chapter; and
(7) vehicle identification information.
Authority to approve plan.
(a) The commissioner may grant or deny a vehicle platoon plan. The approved plan may include reasonable conditions and restrictions to ensure public safety, minimize congestion, or prevent undue damage to roads or structures.
(b) The commissioner must provide written notice to the applicant and to the commissioner of public safety if a plan is denied and lists the reasons for the denial. The commissioner must approve or deny a plan within 60 days.
Vehicle platoons must meet the following requirements:
(1) the platoon must not include more than three vehicles;
(2) each vehicle in the vehicle platoon must have a platooning system installed;
(3) while platooning, each vehicle must have the platooning system engaged;
(4) each vehicle in the vehicle platoon must have a human driver present and in the driver seat who is monitoring performance of the vehicle at all times and who holds a valid driver's license for the type or class of vehicle being driven;
(5) each vehicle in the vehicle platoon must meet the vehicle height, width, and weight limits under this chapter;
(6) each vehicle in the platoon must be covered by minimum liability insurance; and
(7) each vehicle in the platoon must have a paper or electronic copy of the approved plan in the vehicle.
Notwithstanding any other law to the contrary, a vehicle platoon must allow reasonable access for the movement of other motor vehicles to change lanes and enter or exit the roadway.
Subd. 48c.
Third-party tester.
"Third-party tester" means an individual who is an employee of a third-party testing program who has qualified for a third-party tester certificate issued by the commissioner granting the individual authorization to conduct road tests or skills tests.
Subd. 48d.
Third-party testing program.
"Third-party testing program" means a program authorized by the commissioner to administer to an individual the road test or skills test.
171.041 RESTRICTED LICENSE FOR FARM WORK.
(a) Notwithstanding any provisions of section 171.04 relating to the age of an applicant to the contrary, the commissioner may issue a restricted farm work license to operate a motor vehicle to a person who has attained the age of 15 years and who, except for age, is qualified to hold a driver's license. The applicant is not required to comply with the six-month instruction permit possession provisions of sections 171.04, subdivision 1, clause (2), and 171.05, subdivision 2a, or with the 12-month provisional license possession provision of section 171.04, subdivision 1, clause (1), item (i).
(b) The restricted license shall must be issued solely for the purpose of authorizing the person to whom the restricted license is issued to assist the person's parents or guardians with farm work. An individual may perform farm work under the restricted license for any entity authorized to farm under section 500.24. A person holding this restricted license may operate a motor vehicle only during daylight hours and only within a radius of 20 40 miles of the parent's or guardian's farmhouse; however, in no case may a person holding the restricted license operate a motor vehicle in a city of the first class.
(c) An applicant for a restricted license shall must apply to the commissioner for the license on forms prescribed by the commissioner. The application shall must be accompanied by:
(1) a copy of a property tax statement showing that the applicant's parent or guardian owns land that is classified as agricultural land or a copy of a rental statement or agreement showing that the applicant's parent or guardian rents land classified as agricultural land; and
(2) a written verified statement by the applicant's parent or guardian setting forth the necessity for the license.
This section is effective June 1, 2019.
Contents of application; other information.
(a) An application must:
(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii) designated address under section 5B.05;
(2) as may be required by the commissioner, contain a description of the applicant and any other facts pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social Security number; or
(ii) if the applicant does not have a Social Security number and is applying for a Minnesota identification card, instruction permit, or class D provisional or driver's license, that the applicant certifies that the applicant is not eligible for a Social Security number;
(4) contain a notification to the applicant of the availability of a living will/health care directive designation on the license under section 171.07, subdivision 7; and
(5) contain spaces where include a method for the applicant may to:
(i) request a veteran designation on the license under section 171.07, subdivision 15, and the driving record under section 171.12, subdivision 5a;
(ii) indicate a desire to make an anatomical gift under paragraph (d); and
(iii) as applicable, designate document retention as provided under section 171.12, subdivision 3c.; and
(iv) indicate emergency contacts as provided under section 171.12, subdivision 5b.
(b) Applications must be accompanied by satisfactory evidence demonstrating:
(1) identity, date of birth, and any legal name change if applicable; and
(2) for driver's licenses and Minnesota identification cards that meet all requirements of the REAL ID Act:
(i) principal residence address in Minnesota, including application for a change of address, unless the applicant provides a designated address under section 5B.05;
(ii) Social Security number, or related documentation as applicable; and
(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
(c) An application for an enhanced driver's license or enhanced identification card must be accompanied by:
(1) satisfactory evidence demonstrating the applicant's full legal name and United States citizenship; and
(2) a photographic identity document.
This section is effective July 1, 2020, or upon completion of the necessary programming changes to the driver services information system, whichever is earlier.
Autism spectrum or mental health identifier.
Upon the written request of the applicant, the department must issue a driver's license or Minnesota identification card bearing a graphic or written identifier for an autism spectrum disorder, as defined in section 62A.3094, subdivision 1, paragraph (b), or a mental health condition. The applicant must submit the written request for the identifier at the time the photograph or electronically produced image is taken. The commissioner must not include any specific medical information on the driver's license or Minnesota identification card.
Emergency contacts.
(a) Upon a request by an applicant for a driver's license, instruction permit, or Minnesota identification card under section 171.06, subdivision 3, the commissioner must maintain electronic records of names and contact information for up to three emergency contacts for the applicant. The request must be made on a form prescribed by the commissioner. The commissioner must make the form available on the department's website. The form must include a notice as described in section 13.04, subdivision 2.
(b) A person who has provided emergency contact information under this subdivision may change, add, or delete the information at any point. Notwithstanding sections 171.06, subdivision 2, and 171.061, the commissioner or a driver's license agent must not charge a fee for a transaction described in this paragraph.
(c) Emergency contact data are classified as private data on individuals, as defined in section 13.02, subdivision 12, except that the commissioner may share emergency contact information with law enforcement agencies to notify the emergency contacts regarding an emergency.
[171.3213] THIRD-PARTY TESTING OF SCHOOL BUS DRIVERS.
A school district that is a third-party testing program and owns or operates school buses may enter into an agreement with other school districts to test the other districts' school bus driver employees. A school bus company that is a third-party testing program and owns or operates school buses may enter into an agreement with other school bus companies to test the other companies' school bus driver employees. A third-party testing program may be reimbursed by the tested driver's school district or company. The agreement must be submitted to the commissioner for approval. A certified third-party tester must be employed by a school district or a school bus company providing the testing services.
Asset management.
The commissioner must maintain an inventory of transportation assets, including but not limited to bridge, pavement, geotechnical, pedestrian, bicycle, and transit asset categories.
This section is effective July 1, 2019. The initial inventory under this section must be completed by December 15, 2021.
Legislative report.
(a) By February 1 of each odd-numbered year, the commissioner of transportation, with assistance from the commissioner of employment and economic development, shall must submit a report on the transportation economic development program to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance and economic development policy and finance.
(b) At a minimum, the report must:
(1) summarize the requirements and implementation of the transportation economic development program established in this section;
(2) review the criteria and economic impact performance measures used for evaluation, prioritization, and selection of projects;
(3) provide a brief overview of each project that received financial assistance under the program, which must at a minimum identify:
(i) basic project characteristics, such as funding recipient, geographic location, and type of transportation modes served;
(ii) sources and respective amounts of project funding; and
(iii) the degree of economic benefit anticipated or observed, following the economic impact performance measures established under subdivision 4;
(4) identify the allocation of funds, including but not limited to a breakdown of total project funds by transportation mode, the amount expended for administrative costs, and the amount transferred to the transportation economic development assistance account;
(5) evaluate the overall economic impact of the program; and
(6) provide recommendations for any legislative changes related to the program.
(c) Notwithstanding paragraph (a), a report is not required in an odd-numbered year if no project received financial assistance during the preceding 24 months.
Eligibility; application.
Any legislatively established public transit commission or authority, any county or statutory or home rule charter city providing financial assistance to or operating public transit, any private operator of public transit, any tribal government, or any combination thereof is eligible to receive financial assistance through the public transit participation program. Except as provided in subdivision 2b for assistance provided from federal funds, eligible recipients must be located outside of the metropolitan area.
174.57 SNOW AND ICE CONTROL; APPROPRIATION.
(a) In a fiscal year in which the commissioner expends more than 110 100 percent of the established biennial annual expenditure level for snow and ice management, the commissioner may use an additional amount for this purpose that does not exceed 50 percent of the unappropriated balance in the trunk highway fund. The amount identified by the commissioner under this paragraph is appropriated from the trunk highway fund to the commissioner for snow and ice management purposes.
(b) Upon using the appropriation authority in this section, the commissioner must notify the commissioner of management and budget and the chairs, ranking minority members, and staff of the house of representatives and senate committees having jurisdiction over transportation finance. The notification must at a minimum identify the established biennial expenditure level for snow and ice management and the amount appropriated under this section.
(c) In each budget submission to the legislature under section 16A.11, the commissioner must include:
(1) the proposed biennial annual expenditure level for snow and ice management for the next budget biennium; and
(2) the total annual amount expended or estimated to be expended under the appropriation in this section for the budget biennium that is ending.
Subd. 2f.
Hours of service exemptions; utility construction.
(a) The federal regulations incorporated in section 221.0314, subdivision 9, for hours of service do not apply to drivers engaged in intrastate transportation of utility construction materials within a 50-mile radius from the site of a construction or maintenance project.
(b) For purposes of this subdivision, "utility construction materials" include supplies and materials used in a project to construct or maintain: (1) a street or highway; (2) equipment or facilities to furnish electric transmission service; (3) a telecommunications system or cable communications system; (4) a waterworks system, sanitary sewer, or storm sewer; (5) a gas heating service line; (6) a pipeline; and (7) a facility for other similar utility service.
General requirements.
Except as provided in subdivision 4, Any vehicle used by an operator to provide transportation service shall must be equipped with wheelchair securement devices which are approved by the commissioner of public safety as meeting that meet the specifications of subdivisions 1 and 2. Only securement devices that meet the requirements of the Americans with Disabilities Act may be used. A wheelchair securement device shall prevent any forward, backward, or lateral movement of an occupied wheelchair when the device is engaged and the vehicle is in motion, accelerating or braking, and shall attach to the frame of the wheelchair without damaging it must be installed and used according to the manufacturer's instructions and Code of Federal Regulations, title 49, section 38.23. Wheelchair securement devices installed in any vehicle shall must be maintained in working order and according to the manufacturer's recommendations.
Strength Design requirements.
The strength design requirements for securing the part of a wheelchair that is forward in the vehicle shall be one-half of those required for the rear. Where the wheelchair securement device and the seat belt are combined in a common system, those parts which provide the combined restraining force shall have a combined strength of both according to the strength requirements of each as adopted by the commissioner of public safety securement devices must meet the specifications in Code of Federal Regulations, title 49, section 38.23.
Maximum number of persons transported.
A vehicle used to provide transportation service shall must carry only as many persons seated in wheelchairs as the number of securement devices approved by the commissioner of public safety as meeting the specifications of subdivisions 1 and 2 with which the vehicle is equipped, and each occupied wheelchair shall must be secured by such a securement device before the vehicle is set in motion.
Minnesota Statutes 2018, section 299A.13, is amended to read:
299A.13 ADDITIONAL SAFETY REQUIREMENTS.
Seat belt.
Any vehicle used to provide transportation service shall must be equipped with seat belts which that are approved by the commissioner of public safety. The seat belts required by this subdivision shall must be adequate to secure the occupant of a wheelchair who is being transported by the vehicle. These The seat belts shall must be used only to secure the person and shall must not be used to secure the wheelchair unless the wheelchair securement force is not cumulative to the seat belt. The seat belts shall must meet all other applicable state and federal requirements for safety.
Electric wheelchair.
When transportation service is provided to an individual in an electrically powered wheelchair, the main power switch of the wheelchair shall must be placed in the "off" position at all times while the vehicle is in motion.
Mobility aid accessibility.
(a) Vehicles equipped with wheelchair securement devices must provide a level-change mechanism or boarding device such as a lift or ramp that complies with Code of Federal Regulations, title 49, section 38.23.
(b) Wheelchair lifts must comply with the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards for public use lifts as outlined in Code of Federal Regulations, title 49, sections 571.403 and 571.404.
Driver's responsibility.
(a) The driver of a vehicle equipped with a wheelchair securement device has the duties outlined in this subdivision.
(b) The driver or a person designated by the driver must ensure that an occupied wheelchair is properly secured before the driver sets the vehicle in motion.
(c) The driver or a person designated by the driver must ensure that the seat belt assembly is properly adjusted and fastened around the wheelchair user in a manner consistent with the manufacturer's recommendations before the driver sets the vehicle in motion when:
(1) requested by the wheelchair user;
(2) the wheelchair user is unable to communicate;
(3) seat belt usage is required of all passengers in the vehicle; or
(4) the vehicle is a school bus.
The seat belt assembly must not be fastened if the wheelchair user or other responsible person advises the driver that to do so would aggravate a physical condition of the wheelchair user. If a restraint device is available that would not aggravate the physical condition of the user, it must be fastened in the required manner.
(d) The driver or a person designated by the driver shall ensure that securement devices and seat belt assemblies are retracted, removed, or otherwise stored when not in use to prevent tripping of persons and damage to devices.
The inspection shall be made to determine that (1) the vehicle complies with the provisions of sections 299A.12, subdivisions 1 and 4, and 299A.13, subdivision 1; that, and (2) the securement device is and level-change mechanism or boarding device, such as a lift or ramp, are in working order; and that the securement device is not in need of obvious repair. The inspection may include testing the use of a securement device while the vehicle is in motion.
[299D.11] VEHICLE CRIMES UNIT ANNUAL REPORT.
By January 15 of each year, the commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees having jurisdiction over transportation finance on the vehicle crimes unit. At a minimum, the report must specify the following for the previous calendar year: total revenues generated by the unit; revenues deposited into state funds, listed by fund; the number of cases assigned to the unit; and the number of cases closed.
Comprehensive plan.
"Comprehensive plan" has the meaning given in section 394.22, subdivision 9, or 462.352, subdivision 5.
EFFECTIVE DATE; APPLICATION.
This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date. This section does not apply to airports that: (1) have airport safety zoning ordinances approved by the commissioner in effect on August 1, 2019; (2) have not made and are not planning to make changes to runway lengths or configurations; and (3) are not required to update airport safety zoning ordinances.
Creation; authorized disbursements.
(a) There is hereby created a fund to be known as the state airports fund. The fund shall consist of all money appropriated to it, or directed to be paid into it, by the legislature.
(b) The state airports fund shall be paid out on authorization of the commissioner and shall be used:
(1) to acquire, construct, improve, maintain, and operate airports and other air navigation facilities;
(2) to assist municipalities in the planning, acquisition, construction, improvement, and maintenance of airports and other air navigation facilities;
(3) to assist municipalities to initiate, enhance, and market scheduled air service at their airports;
(4) to promote interest and safety in aeronautics through education and information; and
(5) to pay the salaries and expenses of the Department of Transportation related to aeronautic planning, administration, and operation. All allotments of money from the state airports fund for salaries and expenses shall be approved by the commissioner of management and budget.
(c) A municipality that adopts a comprehensive plan that the commissioner finds is incompatible with the state aviation plan is not eligible for assistance from the state airports fund.
Authority to establish.
The commissioner is authorized and empowered, on behalf of and in the name of this state, within the limitation of available appropriations, to acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property, real or personal, for the purpose of establishing and constructing restricted landing areas and other air navigation facilities and to acquire in like manner, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police such restricted landing areas and other air navigation facilities, either within or without this state; and to make, prior to any such acquisition, investigations, surveys, and plans. The commissioner may maintain, equip, operate, regulate, and police airports, either within or without this state. The operation and maintenance of airports is an essential public service. The commissioner may maintain at such airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers. The commissioner may dispose of any such property, airport, restricted landing area, or any other air navigation facility, by sale, lease, or otherwise, in accordance with the laws of this state governing the disposition of other like property of the state. The commissioner may not acquire or take over any restricted landing area, or other air navigation facility without the consent of the owner. The commissioner shall not acquire any additional state airports nor establish any additional state-owned airports. The commissioner may erect, equip, operate, and maintain on any airport buildings and equipment necessary and proper to maintain, and conduct such airport and air navigation facilities connected therewith. The commissioner shall not expend money for land acquisition, or for the construction, improvement, or maintenance of airports, or for air navigation facilities for an airport, unless the governmental unit municipality, county, or joint airport zoning board involved has or is establishing a zoning authority for that airport, and the authority has made a good-faith showing that it is in the process of and will complete with due diligence, an airport zoning ordinance in accordance with sections 360.061 to 360.074. The commissioner may provide funds to support airport safety projects that maintain existing infrastructure, regardless of a zoning authority's efforts to complete a zoning regulation. The commissioner may withhold funding from only the airport subject to the proposed zoning ordinance. Notwithstanding the foregoing prohibition, the commissioner may continue to maintain the state-owned airport at Pine Creek.
360.024 AIR TRANSPORTATION SERVICE CHARGE.
Charges.
(a) The commissioner shall must charge users of air transportation services provided by the commissioner for direct operating costs, excluding pilot salary and as allowed by federal aviation regulations.
(b) The commissioner must charge users for a portion of aircraft acquisition, replacement, or leasing costs. All receipts for these services shall be deposited in the air transportation services account in the state airports fund and are appropriated to the commissioner to pay these direct air service operating costs.
Accounts; appropriation.
(a) An air transportation services account is established in the state airports fund. The account consists of collections under subdivision 1, paragraph (a), and any other money donated, allotted, transferred, or otherwise provided to the account. Money in the account is annually appropriated to the commissioner to pay air service operating costs.
(b) An aircraft capital account is established in the state airports fund. The account consists of collections under subdivision 1, paragraph (b), proceeds from the sale of aircraft under jurisdiction of the department, and any other money donated, allotted, transferred, or otherwise provided to the account. Money in the account must be used for aircraft acquisition, replacement, or leasing costs. Except as provided by law, the commissioner must not transfer money into or out of the account.
360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING NEIGHBORHOOD LAND USES.
(a) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and may reduce the size of the area available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility of the airport and the public investment therein. It is also found that the social and financial costs of disrupting existing land uses around airports in built up urban areas, particularly established residential neighborhoods, often outweigh the benefits of a reduction in airport hazards that might result from the elimination or removal of those uses.
(b) Accordingly, it is hereby declared: (1) that the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (2) that it is therefor necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented and that this should be accomplished to the extent legally possible, by exercise of the police power, without compensation; and (3) that the elimination or removal of existing land uses, particularly established residential neighborhoods in built-up urban areas, or their designation as nonconforming uses is not in the public interest and should be avoided whenever possible consistent with reasonable standards of safety.
(c) It is further declared that the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are essential public purposes services for which political subdivisions may raise and expend public funds and acquire land or property interests therein.
Enforcement under police power.
(a) In order to prevent the creation or establishment of airport hazards, every municipality having an airport hazard area within its territorial limits may, unless a joint airport zoning board is permitted under subdivision 3, adopt, amend from time to time, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.
(b) For the purpose of promoting In order to promote health, safety, order, convenience, prosperity, and general welfare and for conserving to conserve property values and encouraging encourage the most appropriate use of land, the municipality may regulate the location, size and use of buildings and the density of population in that portion of an airport hazard area under approach zones for a distance not to exceed two miles from the airport boundary and in other portions of an in airport hazard area may regulate by land use zoning for a distance not to exceed one mile from the airport boundary, and by height-restriction zoning for a distance not to exceed 1-1/2 miles from the airport boundary areas: (1) land use; (2) height restrictions; (3) the location, size, and use of buildings; and (4) the density of population.
(c) The powers granted by this subdivision may be exercised by metropolitan airports commissions in contiguous cities of the first class in and for which they have been created.
(d) In the case of airports owned or operated by the state of Minnesota such powers shall be exercised by the state airport zoning boards or by the commissioner of transportation as authorized herein.
Joint airport zoning board.
(a) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport may request a county or municipality in which an airport hazard area is located:
(1) to adopt and enforce airport zoning regulations for the area in question that conform to standards prescribed by the commissioner pursuant to subdivision 4 under sections 360.0655 and 360.0656; or
(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning or controlling municipality shall determine which of these actions it shall request, except as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall be made by certified mail to the governing body of each county and municipality in which an airport hazard area is located.
(b) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport and the county or other municipality within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by subdivision 1 in the municipality within which the area is located. A joint board shall have as members two representatives appointed by the municipality owning or controlling the airport and two from the county or municipality, or in case more than one county or municipality is involved two from each county or municipality, in which the airport hazard is located, and in addition a chair elected by a majority of the members so appointed. All members shall serve at the pleasure of their respective appointing authority. Notwithstanding any other provision of law to the contrary, if the owning and controlling municipality is a city of the first class it shall appoint four members to the board, and the chair of the board shall be elected from the membership of the board.
(c) If a county or municipality, within 60 days of receiving a request from an owning or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the owning or controlling municipality, or a joint airport zoning board created without participation by the subdivisions which fail to join the board, may itself adopt, administer, and enforce airport zoning regulations for the airport hazard area in question. In the event of conflict between the regulations and airport zoning regulations adopted by the county or municipality within which the airport hazard area is located, section 360.064, subdivision 2, applies.
(d) "Owning or controlling municipality," as used in this subdivision, includes:
(1) a joint airport operating board created pursuant to section 360.042 that has been granted all the powers of a municipality in zoning matters under the agreement creating the board;
(2) a joint airport operating board created pursuant to section 360.042 that has not been granted zoning powers under the agreement creating the board; provided that the board shall not itself adopt zoning regulations nor shall a joint airport zoning board created at its request adopt zoning regulations unless all municipalities that created the joint operating board join to create the joint zoning board; and
(3) the Metropolitan Airports Commission established and operated pursuant to chapter 473.
(e) The Metropolitan Airports Commission shall request creation of one joint airport zoning board for each airport operated under its authority.
Comprehensive regulations.
In the event that a municipality has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the height of buildings, any airport zoning regulations applicable to the same area or portion thereof may must be incorporated by reference or incorporated in and made a part of such comprehensive zoning regulations and be administered and enforced in connection therewith.
Notice of proposed zoning regulations, hearing.
(a) No airport zoning regulations shall be adopted, amended, or changed under sections 360.011 to 360.076, except by action of the governing body of the municipality or, county in question, or joint airport zoning board under section 360.0655 or 360.0656, or the boards provided for in section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions 6 and 8, after public hearings, at which parties in interest and citizens shall have an opportunity to be heard.
(b) A public hearing shall must be held on the proposed airport zoning regulations proposed by a municipality, county, or joint airport zoning board before they are submitted for approval to the commissioner and after that approval but before final adoption by the local zoning authority for approval. If any changes that alter the regulations placed on a parcel of land are made to the proposed airport zoning regulations after the initial public hearing, the municipality, county, or joint airport zoning board must hold a second public hearing before final adoption of the regulation. The commissioner may require a second hearing as determined necessary.
(c) Notice of a hearing required pursuant to this subdivision shall must be published by the local zoning authority municipality, county, or joint airport zoning board at least three times during the period between 15 days and five days before the hearing in an official newspaper and in a second newspaper designated by that authority which has a wide general circulation in the area affected by the proposed regulations and posted on the municipality's, county's, or joint airport zoning board's website. If there is not a second newspaper of wide general circulation in the area that the municipality, county, or joint airport zoning board can designate for the notice, the municipality, county, or joint airport zoning board is only required to publish the notice once in the official newspaper of the jurisdiction. The notice shall not be published in the legal notice section of a newspaper. The notice must specify the time, location, and purpose of the hearing, and must identify any additional location and time the proposed regulations will be available for public inspection. A copy of the published notice must be added to the record of the proceedings.
(d) Notice of a hearing shall also be mailed to the governing body of each political subdivision in which property affected by the regulations is located. Notice shall must be given by mail at least 15 ten days before each hearing to any persons in municipalities that own land proposed to be included in safety zone A or B as provided in the rules of the Department of Transportation and landowners where the location or size of a building, or the density of population, will be regulated. Mailed notice must also be provided at least ten days before each hearing to persons or municipalities that have previously requested such notice from the authority municipality, county, or joint airport zoning board. The notice must specify the time, location, and purpose of the hearing, and must identify any additional location and time the proposed regulations will be made available for public inspection. Mailed notice must also identify the property affected by the regulations. For the purpose of giving providing mailed notice, the authority municipality, county, or joint airport zoning board may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall must be made a part of added to the records of the proceedings. The Failure to give provide mailed notice to individual property owners, or defects a defect in the notice, shall does not invalidate the proceedings; provided if a bona fide attempt to comply with this subdivision has been was made. A notice shall describe the property affected by the proposed regulations and the restrictions to be imposed on the property by the regulations and shall state the place and time at which the proposed regulations are available for public inspection.
[360.0655] AIRPORT ZONING REGULATIONS BASED ON COMMISSIONER'S STANDARDS; SUBMISSION PROCESS.
Submission to commissioner; review.
(a) Except as provided in section 360.0656, prior to adopting zoning regulations, the municipality, county, or joint airport zoning board must submit the proposed regulations to the commissioner for the commissioner to determine whether the regulations conform to the standards prescribed by the commissioner. The municipality, county, or joint airport zoning board may elect to complete custom airport zoning under section 360.0656 instead of using the commissioner's standard, but only after providing written notice to the commissioner.
(b) Notwithstanding section 15.99, the commissioner must examine the proposed regulations within 90 days of receipt of the regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval or objections, if any. Failure to respond within 90 days is deemed an approval. The commissioner may request additional information from the municipality, county, or joint airport zoning board within the 90-day review period. If the commissioner requests additional information, the 90-day review period is tolled until the commissioner receives information and deems the information satisfactory.
(c) If the commissioner objects on the grounds that the regulations do not conform to the standards prescribed by the commissioner, the municipality, county, or joint airport zoning board must make amendments necessary to resolve the objections or provide written notice to the commissioner that the municipality, county, or joint airport zoning board will proceed with zoning under section 360.0656.
(d) If the municipality, county, or joint airport zoning board makes revisions to the proposed regulations after its initial public hearing, the municipality, county, or joint airport zoning board must conduct a second public hearing on the revisions and resubmit the revised proposed regulations to the commissioner for review. The commissioner must examine the revised proposed regulations within 90 days of receipt to determine whether the revised proposed regulations conform to the standards prescribed by the commissioner.
(e) If, after a second review period, the commissioner determines that the municipality, county, or joint airport zoning board failed to submit proposed regulations that conform to the commissioner's standards, the commissioner must provide a final written decision to the municipality, county, or joint airport zoning board.
(f) The municipality, county, or joint airport zoning board must not adopt regulations or take other action until the proposed regulations are approved by the commissioner.
(g) The commissioner may approve local zoning ordinances that are more stringent than the commissioner's standards.
(h) If the commissioner approves the proposed regulations, the municipality, county, or joint airport zoning board may adopt the regulations.
(i) A copy of the adopted regulations must be filed with the county recorder in each county that contains a zoned area subject to the regulations.
(j) Substantive rights that existed and had been exercised prior to August 1, 2019, are not affected by the filing of the regulations.
Protection of existing land uses.
(a) In order to ensure minimum disruption of existing land uses, the commissioner's airport zoning standards and local airport zoning ordinances or regulations adopted under this section must distinguish between the creation or establishment of a use and the elimination of an existing use, and must avoid the elimination, removal, or reclassification of existing uses to the extent consistent with reasonable safety standards. The commissioner's standards must include criteria for determining when an existing land use may constitute an airport hazard so severe that public safety considerations outweigh the public interest in preventing disruption to that land use.
(b) Airport zoning regulations that classify as a nonconforming use or require nonconforming use classification with respect to any existing low-density structure or existing isolated low-density building lots must be adopted under sections 360.061 to 360.074.
(c) A local airport zoning authority may classify a land use described in paragraph (b) as an airport hazard if the authority finds that the classification is justified by public safety considerations and is consistent with the commissioner's airport zoning standards. Any land use described in paragraph (b) that is classified as an airport hazard must be acquired, altered, or removed at public expense.
(d) This subdivision must not be construed to affect the classification of any land use under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.
[360.0656] CUSTOM AIRPORT ZONING STANDARDS.
Custom airport zoning standards; factors.
(a) Notwithstanding section 360.0655, a municipality, county, or joint airport zoning board must provide notice to the commissioner when the municipality, county, or joint airport zoning board intends to establish and adopt custom airport zoning regulations under this section.
(b) Airport zoning regulations submitted to the commissioner under this subdivision are not subject to the commissioner's zoning regulations under section 360.0655 or Minnesota Rules, part 8800.2400.
(c) When developing and adopting custom airport zoning regulations under this section, the municipality, county, or joint airport zoning board must include in the record a detailed analysis that explains how the proposed custom airport zoning regulations addressed the following factors to ensure a reasonable level of safety:
(1) the location of the airport, the surrounding land uses, and the character of neighborhoods in the vicinity of the airport, including:
(i) the location of vulnerable populations, including schools, hospitals, and nursing homes, in the airport hazard area;
(ii) the location of land uses that attract large assemblies of people in the airport hazard area;
(iii) the availability of contiguous open spaces in the airport hazard area;
(iv) the location of wildlife attractants in the airport hazard area;
(v) airport ownership or control of the federal Runway Protection Zone and the department's Clear Zone;
(vi) land uses that create or cause interference with the operation of radio or electronic facilities used by the airport or aircraft;
(vii) land uses that make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, or impair visibility in the vicinity of the airport;
(viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the aircraft;
(ix) airspace protection to prevent the creation of air navigation hazards in the airport hazard area; and
(x) the social and economic costs of restricting land uses;
(2) the airport's type of operations and how the operations affect safety surrounding the airport;
(3) the accident rate at the airport compared to a statistically significant sample, including an analysis of accident distribution based on the rate with a higher accident incidence;
(4) the planned land uses within an airport hazard area, including any applicable platting, zoning, comprehensive plan, or transportation plan; and
(5) any other information relevant to safety or the airport.
(a) Except as provided in section 360.0655, prior to adopting zoning regulations, the municipality, county, or joint airport zoning board must submit its proposed regulations and the supporting record to the commissioner for review. The commissioner must determine whether the proposed custom airport zoning regulations and supporting record (1) evaluate the criteria under subdivision 1, and (2) provide a reasonable level of safety.
(b) Notwithstanding section 15.99, the commissioner must examine the proposed regulations within 90 days of receipt of the regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval or objections, if any. Failure to respond within 90 days is deemed an approval. The commissioner may request additional information from the municipality, county, or joint airport zoning board within the 90-day review period.
(c) If the commissioner objects on the grounds that the regulations do not provide a reasonable level of safety, the municipality, county, or joint airport zoning board must review, consider, and provide a detailed explanation demonstrating how it evaluated the objections and what action it took or did not take in response to the objections. If the municipality, county, or joint airport zoning board submits amended regulations after its initial public hearing, the municipality, county, or joint airport zoning board must conduct a second public hearing on the revisions and resubmit the revised proposed regulations to the commissioner for review. The commissioner must examine the revised proposed regulations within 90 days of receipt of the regulations. If the commissioner requests additional information, the 90-day review period is tolled until satisfactory information is received by the commissioner. Failure to respond within 90 days is deemed an approval.
(d) If, after the second review period, the commissioner determines that the municipality, county, or joint airport zoning board failed to submit proposed regulations that provide a reasonable level of safety, the commissioner must provide a final written decision to the municipality, county, or joint airport zoning board.
(e) A municipality, county, or joint airport zoning board is prohibited from adopting custom regulations or taking other action until the proposed regulations are approved by the commissioner.
(f) If the commissioner approves the proposed regulations, the municipality, county, or joint airport zoning board may adopt the regulations.
(g) A copy of the adopted regulations must be filed with the county recorder in each county that contains a zoned area subject to the regulations.
(h) Substantive rights that existed and had been exercised prior to August 1, 2019, are not affected by the filing of the regulations.
Sec. 100.
Reasonableness.
Standards of the commissioner Zoning standards defining airport hazard areas and the categories of uses permitted and airport zoning regulations adopted under sections 360.011 to 360.076, shall be reasonable, and none shall impose a requirement or restriction which is not reasonably necessary to effectuate the purposes of sections 360.011 to 360.076. In determining what minimum airport zoning regulations may be adopted, the commissioner and a local airport zoning authority shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the location of the airport, the nature of the terrain within the airport hazard area, the existing land uses and character of the neighborhood around the airport, the uses to which the property to be zoned are planned and adaptable, and the social and economic costs of restricting land uses versus the benefits derived from a strict application of the standards of the commissioner.
Federal no hazard determination.
(a) Notwithstanding subdivisions 1 and 2, a municipality, county, or joint airport zoning board may include in its custom airport zoning regulations adopted under section 360.0656 an option to permit construction of a structure, an increase or alteration of the height of a structure, or the growth of an existing tree without a variance from height restrictions if the Federal Aviation Administration has analyzed the proposed construction, alteration, or growth under Code of Federal Regulations, title 14, part 77, and has determined the proposed construction, alteration, or growth does not:
(1) pose a hazard to air navigation;
(2) require changes to airport or aircraft operations; or
(3) require any mitigation conditions by the Federal Aviation Administration that cannot be satisfied by the landowner.
(b) A municipality, county, or joint airport zoning board that permits an exception to height restrictions under this subdivision must require the applicant to file the Federal Aviation Administration's no hazard determination with the applicable zoning administrator. The applicant must obtain written approval of the zoning administrator before construction, alteration, or growth may occur. Failure of the administrator to respond within 60 days to a filing under this subdivision is deemed a denial. The Federal Aviation Administration's no hazard determination does not apply to requests for variation from land use, density, or any other requirement unrelated to the height of structures or the growth of trees.
(a) Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing. The length of initial appointments may be staggered.
(b) In the case of a Metropolitan Airports Commission, five members shall be appointed by the commission chair from the area in and for which the commission was created, any of whom may be members of the commission. In the case of an airport owned or operated by the state of Minnesota, the board of commissioners of the county, or counties, in which the airport hazard area is located shall constitute the airport board of adjustment and shall exercise the powers and duties of such board as provided herein.
Zoning required.
The commissioner shall must not expend money for planning or land acquisition, or for the construction, improvement, or maintenance of airports, or for air navigation facilities for an airport, unless the governmental unit municipality, county, or joint airport zoning board involved has or is establishing a zoning authority for that airport, and the authority has made a good-faith showing that it is in the process of and will complete with due diligence, an airport zoning ordinance in accordance with sections 360.061 to 360.074. The commissioner may provide funds to support airport safety projects that maintain existing infrastructure, regardless of a zoning authority's efforts to complete a zoning regulation. The commissioner shall must make maximum use of zoning and easements to eliminate runway and other potential airport hazards rather than land acquisition in fee.
Airport safety zone.
"Airport safety zone" means an area subject to land use zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate (1) the size or location of buildings, or (2) the density of population.
394.23 COMPREHENSIVE PLAN.
The board has the power and authority to prepare and adopt by ordinance, a comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be the basis for official controls adopted under the provisions of sections 394.21 to 394.37. The commissioner of natural resources must provide the natural heritage data from the county biological survey, if available, to each county for use in the comprehensive plan. When adopting or updating the comprehensive plan, the board must, if the data is available to the county, consider natural heritage data resulting from the county biological survey. In a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, the board must consider adopting goals and objectives that will protect open space and the environment. The board must consider the location and dimensions of airport safety zones in any portion of the county, and of any airport improvements, identified in the airport's most recent approved airport layout plan.
394.231 COMPREHENSIVE PLANS IN GREATER MINNESOTA; OPEN SPACE.
A county adopting or updating a comprehensive plan in a county outside the metropolitan area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and objectives for the preservation of agricultural, forest, wildlife, and open space land, and minimizing development in sensitive shoreland areas. Within three years of updating the comprehensive plan, the county shall consider adopting ordinances as part of the county's official controls that encourage the implementation of the goals and objectives. The county shall consider the following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers;
(4) encouraging land uses in airport safety zones that are compatible with the safe operation of the airport and the safety of people in the vicinity of the airport;
(4) (5) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services, infrastructure, other services, and to the extent feasible, encouraging full development of areas previously zoned for nonagricultural uses;
(5) (6) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers;
(6) (7) identification of areas where other developments are appropriate; and
(7) (8) other goals and objectives a county may identify.
In district zoning, maps.
Within each such district zoning ordinances or maps may also be adopted designating or limiting the location, height, width, bulk, type of foundation, number of stories, size of, and the specific uses for which dwellings, buildings, and structures may be erected or altered; the minimum and maximum size of yards, courts, or other open spaces; setback from existing roads and highways and roads and highways designated on an official map; protective measures necessary to protect the public interest including but not limited to controls relating to appearance, signs, lighting, hours of operation and other aesthetic performance characteristics including but not limited to noise, heat, glare, vibrations and smoke; the area required to provide for off street loading and parking facilities; heights of trees and structures near airports; and to avoid too great concentration or scattering of the population. All such provisions shall be uniform for each class of land or building throughout each district, but the provisions in one district may differ from those in other districts. No provision may prohibit earth sheltered construction as defined in section 216C.06, subdivision 14, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section. Airport safety zones must be included on maps that illustrate boundaries of zoning districts and that are adopted as official controls.
This section is effective August 1, 2019, and applies to maps created or updated under this section on or after that date.
"Airport safety zone" has the meaning given in section 394.22, subdivision 1a.
Preparation and review.
The planning agency shall prepare the comprehensive municipal plan. In discharging this duty the planning agency shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in the development of the comprehensive municipal plan. In its planning activities the planning agency shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. The planning agency shall periodically review the plan and recommend amendments whenever necessary. When preparing or recommending amendments to the comprehensive plan, the planning agency of a municipality located within a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, must consider adopting goals and objectives that will protect open space and the environment. When preparing or recommending amendments to the comprehensive plan, the planning agency must consider (1) the location and dimensions of airport safety zones in any portion of the municipality, and (2) any airport improvements identified in the airport's most recent approved airport layout plan.
Subd. 1i.
Airport safety zones on zoning maps.
Airport safety zones must be included on maps that illustrate boundaries of zoning districts and that are adopted as official controls.
Development goals and objectives.
In adopting official controls after July 1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider restricting new residential, commercial, and industrial development so that the new development takes place in areas subject to the following goals and objectives:
(7) (8) other goals and objectives a municipality may identify.
Duties of council.
In implementing the special transportation service, the council shall must:
(a) (1) encourage participation in the service by public, private, and private nonprofit providers of special transportation currently receiving capital or operating assistance from a public agency;
(b) (2) when feasible and cost-efficient, contract with public, private, and private nonprofit providers that have demonstrated their ability to effectively provide service at a reasonable cost;
(c) (3) encourage individuals using special transportation to use the type of service most appropriate to their particular needs;
(d) (4) encourage shared rides to the greatest extent practicable;
(e) (5) encourage public agencies that provide transportation to eligible individuals as a component of human services and educational programs to coordinate with this service and to allow reimbursement for transportation provided through the service at rates that reflect the public cost of providing that transportation;
(f) (6) establish criteria to be used in determining individual eligibility for special transportation services;
(g) (7) consult with the Transportation Accessibility Advisory Committee in a timely manner before changes are made in the provision of special transportation services;
(h) (8) provide for effective administration and enforcement of council policies and standards; and
(i) (9) ensure that, taken as a whole including contracts with public, private, and private nonprofit providers, the geographic coverage area of the special transportation service is continuous within the boundaries of the transit taxing district, as defined as of March 1, 2006, in section 473.446, subdivision 2, and any area added to the transit taxing district under section 473.4461 that received capital improvements financed in part under the United States Department of Transportation Urban Partnership Agreement program.
This section is effective January 1, 2020, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Financial assistance; regional allocation.
(a) In addition to the assistance under subdivision 4, paragraph (c), for fiscal years 2018 and 2019, 2020, and 2021, the council must annually provide financial assistance through regional allocation to replacement service municipalities. The amount of financial assistance under this paragraph must equal at least 0.35 percent of the total state revenues generated from the taxes imposed under chapter 297B for the current fiscal year.
(b) The council must establish a process to regionally allocate financial assistance under this subdivision. At a minimum, the council must:
(1) adopt and implement a regional allocation policy that specifies funding priorities, identifies decision-making procedures, and establishes criteria to determine the amount allocated to a replacement service municipality; and
(2) ensure transparency and stakeholder input, which must include publishing on the council's website the policy adopted under clause (1), a summary of the regional allocation process, and financial information on the allocations.
(c) The regional allocation policy may specify eligibility requirements based on a replacement service municipality's transit service operating reserves.
(d) The council must provide financial assistance under this subdivision using funds appropriated to the council from the metropolitan area transit account in the transit assistance fund.
This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Subd. 1v.
Obligations.
In addition to other authority in this section, the council may issue certificates of indebtedness, bonds, or other obligations under this section in an amount not exceeding $92,300,000 for capital expenditures as prescribed in the council's transit capital improvement program and for related costs, including the costs of issuance and sale of the obligations. Of this authorization, after July 1, 2019, the council may issue certificates of indebtedness, bonds, or other obligations in an amount not exceeding $45,400,000 and after July 1, 2020, the council may issue certificates of indebtedness, bonds, or other obligations in an additional amount not exceeding $46,900,000.
This section is effective July 1, 2019, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Limitation; light rail transit.
The council is prohibited from expending any proceeds from certificates of indebtedness, bonds, or other obligations under this section subdivision 1u for project development, land acquisition, or construction to (1) establish a light rail transit line; or (2) expand a light rail transit line, including by extending a line or adding additional stops.
Exemptions: certain manufacturers; commissioner of transportation; road maintenance.
(a) Sections 574.26 to 574.32 do not apply to a manufacturer of public transit buses that manufactures at least 100 public transit buses in a calendar year. For purposes of this section, "public transit bus" means a motor vehicle designed to transport people, with a design capacity for carrying more than 40 passengers, including the driver. The term "public transit bus" does not include a school bus, as defined in section 169.011, subdivision 71.
(b) At the discretion of the commissioner of transportation, sections 574.26 to 574.32 do not apply to any projects of the Department of Transportation (1) costing less than the amount in section 471.345, subdivision 3, or (2) involving the permanent or semipermanent installation of heavy machinery, fixtures, or other capital equipment to be used primarily for maintenance or repair, or (3) awarded under section 161.32, subdivision 2.
(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal, grading, or other similar routine road maintenance on town roads.
Laws 1994, chapter 643, section 15, subdivision 8, is amended to read:
Trunk Highway Facility Projects
To the commissioner of transportation for the purposes specified in this subdivision. The appropriations in this subdivision are from the trunk highway fund.
(a) Installation of automatic fire sprinkler systems at maintenance headquarters in Virginia, Owatonna, and Windom 365,000
(b) Repair, replace, or construct chemical and salt storage buildings at 36 department of transportation locations statewide 1,030,000
(c) Construct, furnish, and equip a truck enforcement site and weigh scale in the Albert Lea area to replace the Lakeville site 886,000
(d) Construct, furnish, and equip a truck station and maintenance facility in Hutchinson on a new site to replace the current facility 897,000
(e) Construct, furnish, and equip a new truck station on Maryland Avenue in St. Paul to replace the current facility 5,440,000
(f) Construct an addition to the Detroit Lakes welding shop 355,000
(g) Remodel facilities and construct additions to truck stations in Ely, Montgomery, and Forest Lake 302,000
(h) Purchase, remodel, and expand the Minnesota National Guard truck maintenance facility in Tracy to fit the needs of a department of transportation truck station 359,000
(i) Build an unheated equipment storage building at the Golden Valley headquarters site 435,000
(j) Construct, furnish, and equip a truck station in Wadena on a new site to replace the current facility 527,000
(k) Remodel facility and construct an addition to the Preston truck station 174,000
(l) Construct, furnish, and equip class II safety rest areas in Darwin Winter park, Preston/Fountain vicinity, Pioneer monument, Camp Release historic monument, and Lake Shetek 200,000
(m) Land acquisition for new replacement truck station sites at Illgen City, Rushford, Gaylord, Madelia, Sherburne, and Litchfield 250,000
(n) Design fees to complete construction drawings for projects at Windom, Maplewood, Hastings, central services building, Arden Hills training center, and Albert Lea weigh scale 371,000
(o) Construct pole type storage buildings at department of transportation locations throughout the state 611,000
(p) Remove asbestos from various department of transportation buildings statewide 150,000
(q) Remodel facility and construct an addition to the Carlton truck station 259,000
(r) Remodel facility and construct an addition to the Sauk Centre truck station 255,000
(s) Remodel the old Burlington Northern train depot in Floodwood into a safety information center and rest area and phase out the wayside rest at Trunk Highways 2 and 73 150,000
After completion of the project, the commissioner of transportation shall convey the newly remodeled rest area for no or nominal consideration to the city of Floodwood, which thereafter shall operate and maintain it.
(t) The commissioner may use the balance of funds appropriated by Laws 1985, first special session chapter 15, section 9, subdivision 6, paragraph (c), for land acquisition for a weigh station on interstate highway 94 at Moorhead to supplement funds appropriated by Laws of 1989, chapter 269, section 2, subdivision 11, paragraph (d), for construction of the Moorhead weigh station.
Laws 2014, chapter 312, article 11, section 38, subdivision 5, is amended to read:
Pilot program evaluation.
In coordination with the city, the commissioner of transportation shall evaluate effectiveness of the pilot program under this section, which must include analysis of traffic safety impacts, utility to motorists and tourists, costs and expenditures, extent of community support, and pilot program termination or continuation. By January 15, 2021 2025, the commissioner shall submit a report on the evaluation to the chairs and ranking minority members and staff of the legislative committees with jurisdiction over transportation policy and finance.
The pilot program under this section expires January 1, 2022 2026.
LEGISLATIVE ROUTE NO. 112 REMOVED.
(a) Minnesota Statutes, section 161.115, subdivision 43, is repealed effective the day after the commissioner of transportation receives copies of the agreements between the commissioner and the governing bodies of Dakota County, the city of South St. Paul, and the city of St. Paul to transfer jurisdiction of Legislative Route No. 112 and after the commissioner notifies the revisor of statutes under paragraph (b).
(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.
CONVEYANCE OF STATE LAND; STEARNS COUNTY.
(a) Notwithstanding Minnesota Statutes, section 222.63, or any other law to the contrary, the commissioner of transportation may convey and quitclaim to a private party all right, title, and interest of the state of Minnesota, in the land described in paragraph (e).
(b) The conveyance may take place only upon conditions determined by the commissioner of transportation and is not subject to restrictions on disposition, sale, lease, or otherwise contained in Minnesota Statutes, section 222.63.
(c) The consideration for a conveyance made under this section shall be the fair market value of the land conveyed hereunder. Proceeds from the sale of real estate or buildings under this section shall be deposited in the rail bank maintenance account established in Minnesota Statutes, section 222.63, subdivision 8.
(d) The conveyance may reduce the width of the rail bank corridor to less than 100 feet, provided the conveyance does not reduce the width of the rail bank corridor to less than ten feet.
(e) The land to be conveyed is located in Stearns County and is described as:
That part of Tract A described below:
Tract A. Outlot "A," Railroad Ridge, according to the plat thereof on file and of record in the Office of the County Recorder in and for Stearns County, Minnesota; which lies northerly of a line run parallel with and distant 33 feet southerly of the northerly line of said Outlot "A" and westerly of the southerly extension of westerly right of way line of 5th Street as shown on said Railroad Ridge; together with that part of Tract A, herein before described, adjoining and southerly of the above described strip which lies northerly of a line run parallel with and distant 40 feet southerly of the northerly line of said Outlot "A" and westerly of the following described line: beginning at a point on the southerly line of said Outlot "A," distant 436.36 feet easterly of the southwest corner thereof; thence northerly at right angles from said southerly line for 50 feet and there terminating; containing 29,925 square feet, more or less.
METROPOLITAN COUNCIL AND CALHOUN ISLES CONDOMINIUM ASSOCIATION FACILITATED MEETING.
The Office of Collaboration and Dispute Resolution must facilitate a meeting or series of meetings with the Metropolitan Council and the Calhoun Isles Condominium Association to discuss issues related to vibration impacts to the Calhoun Isles property in Minneapolis, including the high-rise building, townhomes, and parking ramp, due to Southwest light rail transit project construction activities and operations. The council and the association must both be allowed to present any evidence or research on the issue. The goal of the meeting is to agree on how to avoid damage to the buildings due to the vibrations from the project.
DEDICATED FUND EXPENDITURES REPORT; TRANSITION.
By January 15, 2020, the commissioners of transportation and public safety, in consultation with the commissioner of management and budget, must jointly submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance. The report must list detailed expenditures and transfers from the trunk highway fund and highway user tax distribution fund for fiscal years 2018 and 2019. The report must include information on the purpose of each expenditure.
ENGINE BRAKES; REGULATION BY BURNSVILLE.
Notwithstanding any other law or ordinance, the governing body of the city of Burnsville may by ordinance restrict or prohibit the use of an engine brake on motor vehicles along Legislative Route No. 117, also known as marked Trunk Highway 13, between Nicollet Avenue and Portland Avenue. Upon notification by the city of Burnsville to the commissioner of transportation of the city's adoption of the ordinance, the commissioner of transportation shall erect the appropriate signs, with the cost of the signs to be paid by the city. For purposes of this section, "engine brake" means any device that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine.
ENGINE BRAKES; REGULATION BY MINNEAPOLIS.
Notwithstanding any other law or charter provision, the governing body of the city of Minneapolis may by ordinance restrict or prohibit the use of an engine brake on motor vehicles along Legislative Route No. 392, also known as marked Interstate Highway 94, in the westbound lanes beginning at LaSalle Avenue and extending west to the Lowry Tunnel. Upon notification by the city of Minneapolis to the commissioner of transportation of the city's adoption of the ordinance, the commissioner of transportation shall erect the appropriate signs, with the cost of the signs to be paid by the city. For purposes of this section, "engine brake" means any device that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine.
PRESCRIPTION FOR GLAZED WINDOWS.
Until November 1, 2019, for the purposes of Minnesota Statutes, section 169.71, subdivision 4a, paragraph (a), clause (2), a driver of a vehicle may rely on a prescription or physician's statement of medical need issued to a person not present in the vehicle if:
(1) the prescription or physician's statement of medical need is issued to (i) a family member of the driver, or (ii) a person for whom the driver is a personal care attendant; and
COMMERCIAL DRIVER'S LICENSE FEDERAL REGULATION WAIVER REQUEST.
For the sole purpose of authorizing a person to drive a bus with no passengers to deliver the bus to the purchaser, the commissioner of public safety must apply to the Federal Motor Carrier Safety Administration for a waiver from Code of Federal Regulations, title 49, section 383.93, and any other federal rule or regulation that requires a person to have a passenger endorsement.
NORTHSTAR COMMUTER RAIL OPERATING COSTS; EXCEPTION.
(a) Minnesota Statutes, section 398A.10, subdivision 2, does not apply for reserve funds available to the Anoka County Regional Railroad Authority as of June 30, 2019, that are used to pay operating and maintenance costs of Northstar Commuter Rail.
(b) This section expires on January 1, 2022.
MARKED INTERSTATE HIGHWAY 35 SIGNS.
The commissioner of transportation must erect signs that identify and direct motorists to the campuses of Minnesota State Academy for the Deaf and Minnesota State Academy for the Blind under Minnesota Statutes, sections 125A.61 to 125A.73. At least one sign in each direction of travel must be placed on marked Interstate Highway 35, located as near as practical to exits that reasonably access the campuses. The commissioner must pay for the signs within existing appropriations. The commissioner is prohibited from removing signs for the campuses posted on marked Trunk Highway 60.
RAIL SAFETY MEETINGS.
At least once in each calendar year in which construction work is performed on the Southwest light rail transit project within the city limits of Minneapolis, the city must host a meeting on rail safety, with invitations to city fire officials, emergency services personnel, representatives from freight railroads using tracks that are colocated with Southwest light rail transit, the Metropolitan Council, the prime contractor, and neighborhood associations in the impacted areas. Each meeting is to address rail safety concerns during construction, including but not limited to preparedness for the general public, assessment of risks, and emergency evacuation planning in the event of a derailment.
PUBLIC EDUCATION; SLOWER VEHICLES LAW.
The commissioner of public safety must provide educational information to the public to inform the public about the changes in Minnesota Statutes, section 169.18, subdivision 10, and the purpose of moving to the right to allow others to pass.
(a) Minnesota Statutes, section 161.115, subdivision 153, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Red Lake County to transfer jurisdiction of Legislative Route No. 222 and after the commissioner notifies the revisor of statutes under paragraph (b).
(a) Minnesota Statutes, section 161.115, subdivision 184, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Faribault County to transfer jurisdiction of Legislative Route No. 253 and after the commissioner notifies the revisor of statutes under paragraph (b).
(a) Minnesota Statutes, section 161.115, subdivision 208, is repealed effective June 1, 2019, or the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Chippewa County to transfer jurisdiction of Legislative Route No. 277 and after the commissioner notifies the revisor of statutes under paragraph (b), whichever is later.
(a) Minnesota Statutes, section 161.115, subdivision 229, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of the city of Faribault to transfer jurisdiction of Legislative Route No. 298 and after the commissioner notifies the revisor of statutes under paragraph (b).
The revisor of statutes must recodify Minnesota Statutes, section 169.865, subdivision 1, as Minnesota Statutes, section 169.865, subdivision 1b. The revisor must correct any cross-references made necessary by this recodification.
(a) Minnesota Statutes 2018, sections 360.063, subdivision 4; 360.065, subdivision 2; and 360.066, subdivisions 1a and 1b, are repealed.
(b) Minnesota Statutes 2018, section 161.1419, subdivision 8, is repealed.
(c) Minnesota Statutes 2018, sections 299A.12, subdivision 4; and 299A.18, are repealed.
(d) Minnesota Statutes 2018, section 3.972, subdivision 4, is repealed.
(a) Paragraph (a) is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date. Paragraph (a) does not apply to airports that: (1) have airport safety zoning ordinances approved by the commissioner in effect on August 1, 2019; (2) have not made and are not planning to make changes to runway lengths or configurations; and (3) are not required to update airport safety zoning ordinances.
(b) Paragraph (b) is effective August 1, 2019.
Presented to the governor May 28, 2019
Signed by the governor May 30, 2019, 3:11 p.m.