92nd Legislature, 2021 1st Special Session
2021, 1st Special Session
Minnesota Session Laws - 2021, 1st Special Session
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CHAPTER 5--H.F.No. 10
An act
relating to transportation; establishing a budget for transportation; appropriating money for transportation purposes, including Department of Transportation, Department of Public Safety, and Metropolitan Council activities; modifying prior appropriations; authorizing the sale and issuance of state bonds; requiring law enforcement salary increases; modifying various policy and finance provisions; establishing an advisory committee; authorizing rulemaking; establishing task forces; requiring studies, an expert review, and legislative reports;
amending Minnesota Statutes 2020, sections 16A.11, by adding a subdivision; 16A.88, subdivision 1a; 84.787, subdivision 7; 84.797, subdivision 7; 84.92, subdivision 8; 117.075, subdivisions 2, 3; 160.02, subdivision 1a; 160.263, subdivision 3; 160.93, subdivision 4; 161.088, subdivision 5; 161.089; 161.115, subdivision 27; 161.14, by adding subdivisions; 161.23, subdivisions 2, 2a; 161.3208, subdivision 1; 161.44, subdivisions 6a, 6b; 162.145, subdivision 3; 163.07, subdivision 2; 167.45; 168.002, subdivision 18; 168.12, subdivisions 1, 5; 168.183; 168.187, subdivision 17; 168.301, subdivision 1; 168.31, subdivision 4; 168.327, subdivisions 1, 6, by adding subdivisions; 168A.11, subdivisions 1, 2; 169.011, subdivisions 5, 9, 27, 42, by adding subdivisions; 169.035, subdivision 3; 169.09, subdivisions 13, 14; 169.18, subdivision 10; 169.222, subdivisions 1, 4, 6a, by adding a subdivision; 169.451, subdivision 3, by adding a subdivision; 169.522, subdivision 1; 169.58, by adding a subdivision; 169.812, subdivision 2; 169.92, subdivision 4; 171.06, subdivisions 2a, 3, as amended, by adding a subdivision; 171.071, by adding a subdivision; 171.12, subdivision 7b; 171.13, subdivisions 1, 6, 7, 9; 171.16, subdivisions 2, 3, by adding a subdivision; 171.18, subdivision 1; 171.20, subdivision 4; 171.27; 171.29, subdivision 2; 174.03, subdivisions 1b, 1c, 8, 12; 174.185, subdivision 3; 174.24, subdivision 7; 174.285, subdivision 5; 174.40, subdivision 5; 174.50, subdivisions 6d, 7, by adding a subdivision; 174.52, subdivision 5; 174.56, subdivision 1; 219.015, subdivisions 1, 2; 296A.083, subdivision 2; 299A.55, subdivision 3; 299D.03, subdivision 2a; 325E.15; 360.012, by adding a subdivision; 360.013, by adding subdivisions; 360.55, by adding a subdivision; 360.59, subdivision 10; 473.386, by adding subdivisions; 473.39, subdivision 6, by adding a subdivision; 480.15, by adding a subdivision; Laws 2012, chapter 287, article 3, sections 2; 3; 4; Laws 2013, chapter 143, article 9, section 20; Laws 2019, First Special Session chapter 3, article 1, section 4, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 161; 168; 169; 171; 174; 345; 473; repealing Minnesota Statutes 2020, sections 16A.60; 161.20, subdivision 3; 168.327, subdivision 5; 169.09, subdivision 7; Laws 2020, Fifth Special Session chapter 3, article 9, section 6; Minnesota Rules, parts 7410.2610, subparts 1, 2, 3, 3a, 5a, 5b, 6; 7414.1490; 7470.0300; 7470.0400; 7470.0500; 7470.0600; 7470.0700.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
TRANSPORTATION APPROPRIATIONS
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 fiscal year 2023 under "Appropriations by Fund" show the base within the meaning of Minnesota Statutes, section 16A.11, subdivision 3, by fund. The figures "2022" and "2023" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively. "Each year" is each of fiscal years 2022 and 2023. "The biennium" is fiscal years 2022 and 2023. "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. "Staff" means those employees who are identified in any of the following roles for the legislative committees: committee administrator, committee legislative assistant, caucus research, fiscal analysis, counsel, or nonpartisan research.
Available for the Year
Ending June 30
Subdivision 1.
$ 3,325,326,000 $ 3,166,004,000
Appropriations by Fund
General 99,703,000 23,284,000
Airports 25,360,000 25,368,000
C.S.A.H. 850,542,000 871,591,000
M.S.A.S. 212,677,000 218,139,000
Trunk Highway 2,137,044,000 2,027,622,000
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.
The commissioner must not spend appropriations from the trunk highway fund in this section for transit and active transportation; aeronautics; passenger rail; tourist information centers; parades, events, or sponsorship of events; or public electric vehicle infrastructure.
Multimodal Systems
(a) Aeronautics
(1) Airport Development and Assistance 24,198,000 18,598,000
General 5,600,000 -0-
This appropriation is from the state airports fund and must be spent according to Minnesota Statutes, section 360.305, subdivision 4.
$5,600,000 in fiscal year 2022 is from the general fund for a grant to the city of Karlstad for the acquisition of land, predesign, design, engineering, and construction of a primary airport runway.
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 2024 and 2025.
(2) Aviation Support Services 8,332,000 8,340,000
General 1,650,000 1,650,000
Airports 6,682,000 6,690,000
$28,000 in fiscal year 2022 and $36,000 in fiscal year 2023 are from the state airports fund for costs related to regulating unmanned aircraft systems.
(3) Civil Air Patrol 80,000 80,000
This appropriation is from the state airports fund for the Civil Air Patrol.
(b) Transit and Active Transportation 23,501,000 18,201,000
This appropriation is from the general fund.
$5,000,000 in fiscal year 2022 is for the active transportation program under Minnesota Statutes, section 174.38. This is a onetime appropriation and is available until June 30, 2025.
$300,000 in fiscal year 2022 is for a grant to the 494 Corridor Commission. The commissioner must not retain any portion of the funds appropriated under this section. The commissioner must make grant payments in full by December 31, 2021. Funds under this grant are for programming and service expansion to assist companies and commuters in telecommuting efforts and promotion of best practices. A grant recipient must provide telework resources, assistance, information, and related activities on a statewide basis. This is a onetime appropriation.
(c) Safe Routes to School 5,500,000 500,000
This appropriation is from the general fund for the safe routes to school program under Minnesota Statutes, section 174.40.
If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
(d) Passenger Rail 10,500,000 500,000
This appropriation is from the general fund for passenger rail activities under Minnesota Statutes, sections 174.632 to 174.636.
$10,000,000 in fiscal year 2022 is for final design and construction to provide for a second daily Amtrak train service between Minneapolis and St. Paul and Chicago. The commissioner may expend funds for program delivery and administration from this amount. This is a onetime appropriation and is available until June 30, 2025.
(e) Freight 8,342,000 7,323,000
Trunk Highway 5,878,000 5,878,000
$1,000,000 in fiscal year 2022 is from the general fund for procurement costs of a statewide freight network optimization tool. This is a onetime appropriation and is available until June 30, 2023.
$350,000 in fiscal year 2022 and $287,000 in fiscal year 2023 are from the general fund for two additional rail safety inspectors in the state rail safety inspection program under Minnesota Statutes, section 219.015. In each year, the commissioner must not increase the total assessment amount under Minnesota Statutes, section 219.015, subdivision 2, from the most recent assessment amount.
State Roads
(a) Operations and Maintenance 370,975,000 369,481,000
$2,130,000 in each year is for liquid deicing chemicals and storage and application equipment to reduce road salt use. This is a onetime appropriation.
The base is $367,351,000 in each of fiscal years 2024 and 2025.
(b) Program Planning and Delivery
(1) Planning and Research 31,690,000 31,190,000
The commissioner may use any balance remaining in this appropriation for program delivery under clause (2).
Up to $500,000 in fiscal year 2022 is for safety improvements in Department of Transportation District 1, to perform cost estimating, environmental permitting, and preliminary engineering on trunk highway segments with a continuous freeway or expressway gap.
$130,000 in each year is available for administrative costs of the targeted group business program.
$266,000 in each year is available for grants to metropolitan planning organizations outside the seven-county metropolitan area.
$900,000 in 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 231,028,000 231,028,000
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 1,131,925,000 974,282,000
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.
This appropriation includes federal highway aid. 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.
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 in 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 in each year for program delivery.
(e) Highway Debt Service 235,849,000 281,064,000
$232,849,000 in fiscal year 2022 and $278,064,000 in fiscal year 2023 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 as provided under Minnesota Statutes, section 16A.641, 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 6,239,000 6,239,000
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 Highways 862,542,000 871,591,000
General 12,000,000 -0-
This appropriation from the county state-aid highway fund is under Minnesota Statutes, sections 161.081 and 297A.815, subdivision 3, and chapter 162, and is available until June 30, 2031.
$12,000,000 in fiscal year 2022 is from the general fund for town roads, to be distributed in the manner provided under Minnesota Statutes, section 162.081. This is a onetime appropriation and is available until June 30, 2023.
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 Streets 212,677,000 218,139,000
This appropriation is from the municipal state-aid street fund under Minnesota Statutes, chapter 162, and is available until June 30, 2031.
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.
(c) Other Local Roads
(1) Local Bridges 14,000,000 -0-
This appropriation is from the general fund to replace or rehabilitate local deficient bridges under Minnesota Statutes, section 174.50. This is a onetime appropriation and is available until June 30, 2025.
(2) Local Road Improvement 5,500,000 -0-
This appropriation is from the general fund for construction and reconstruction of local roads under Minnesota Statutes, section 174.52. This is a onetime appropriation and is available until June 30, 2025.
(3) Small Cities Assistance 18,000,000 -0-
This appropriation is from the general fund for the small cities assistance program under Minnesota Statutes, section 162.145. This is a onetime appropriation and is available until June 30, 2023.
(a) Agency Services 58,799,000 63,599,000
General 930,000 930,000
Trunk Highway 57,869,000 62,669,000
$5,000,000 in fiscal year 2022 and $9,800,000 in fiscal year 2023 are from the trunk highway fund for information technology improvements to security, risk management, modernization, and data management.
(b) Buildings 40,049,000 40,249,000
General 55,000 55,000
Any money appropriated to the commissioner of transportation for building construction for any fiscal year before fiscal year 2022 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
(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 subdivision.
(c) The commissioner of transportation must transfer from the flexible highway account in the county state-aid highway fund:
(1) $10,000,000 in fiscal year 2022 to the trunk highway fund;
(2) $5,000,000 in fiscal year 2022 to the municipal turnback account in the municipal state-aid street fund; and
(3) the remainder in each year to the county turnback account in the county state-aid highway fund.
The funds transferred are for highway turnback purposes as provided under Minnesota Statutes, section 161.081, subdivision 3.
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 in order to take advantage of an unanticipated receipt of income to the trunk highway fund or to take advantage of federal advanced construction funding; (2) for trunk highway maintenance in order to meet an emergency; 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.
METROPOLITAN COUNCIL
$ 147,070,000 $ 88,630,000
The appropriations in this section are from the general fund to the Metropolitan Council.
Transit System Operations
This appropriation is for transit system operations under Minnesota Statutes, sections 473.371 to 473.449.
$250,000 in fiscal year 2022 is for the zero-emission transit vehicle transition plan under Minnesota Statutes, section 473.3927.
$250,000 in fiscal year 2022 is for an analysis of transit service improvements in the marked Trunk Highway 55 corridor from Medina to downtown Minneapolis. At a minimum, the analysis must include options for highway bus rapid transit service. The council must ensure that the analysis is performed in a manner that does not conflict with requirements for federal transit or transitway grants. The council may provide a grant to a local unit of government to perform the analysis. This appropriation is not available until the council determines that at least an equal amount is committed from nonstate sources.
$57,500,000 in fiscal year 2022 is for arterial bus rapid transit projects, including but not limited to predesign, design, engineering, environmental analysis and mitigation, right-of-way acquisition, construction, and acquisition of rolling stock. This is a onetime appropriation and is available until June 30, 2025.
This appropriation is for Metro Mobility under Minnesota Statutes, section 473.386.
$ 254,094,000 $ 240,366,000
H.U.T.D. 1,666,000 976,000
Special Revenue 82,995,000 76,663,000
Trunk Highway 133,670,000 131,883,000
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. The commissioner must spend appropriations from the trunk highway fund in subdivision 3 only for state patrol purposes.
Administration and Related Services
(a) Office of Communications 575,000 575,000
(b) Public Safety Support 5,809,000 5,846,000
(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
This appropriation is from the general fund for soft body armor reimbursements under Minnesota Statutes, section 299A.38.
(f) Technology and Support Services 6,299,000 6,299,000
State Patrol
(a) Patrolling Highways 113,823,000 112,170,000
H.U.T.D. 92,000 92,000
$3,524,000 in fiscal year 2022 and $2,822,000 in fiscal year 2023 are from the trunk highway fund for the purchase, deployment, and management of body-worn cameras.
$7,718,000 in fiscal year 2022 and $6,767,000 in fiscal year 2023 are from the trunk highway fund for staff and equipment costs of additional patrol troopers.
(b) Commercial Vehicle Enforcement 10,180,000 10,046,000
$494,000 in fiscal year 2022 and $360,000 in fiscal year 2023 are for the purchase, deployment, and management of body-worn cameras.
(c) Capitol Security 20,610,000 16,667,000
$8,863,000 in fiscal year 2022 and $4,420,000 in fiscal year 2023 are for staff and equipment costs of additional troopers and nonsworn officers.
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 888,000 884,000
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.
$22,000 in fiscal year 2022 and $18,000 in fiscal year 2023 are for the purchase, deployment, and management of body-worn cameras.
Driver and Vehicle Services
(a) Driver Services 44,820,000 39,685,000
This appropriation is from the driver services operating account in the special revenue fund under Minnesota Statutes, section 299A.705, subdivision 2.
$2,598,000 in each year is for costs to reopen all driver's license examination stations that were closed in 2020 due to the COVID-19 pandemic. This amount is not available for the public information center, general administration, or operational support. This is a onetime appropriation.
$2,229,000 in fiscal year 2022 and $155,000 in fiscal year 2023 are for costs of a pilot project for same-day issuance of drivers' licenses and state identification cards.
The base is $36,398,000 in each of fiscal years 2024 and 2025.
(b) Vehicle Services 37,418,000 35,535,000
H.U.T.D. 686,000 -0-
The special revenue fund appropriation is from the vehicle services operating account under Minnesota Statutes, section 299A.705, subdivision 1.
$200,000 in fiscal year 2022 is from the vehicle services operating account for the independent expert review of MnDRIVE under article 4, section 144, for expenses of the chair and the review team related to work completed pursuant to that section, including any contracts entered into. This is a onetime appropriation.
$250,000 in fiscal year 2022 is from the vehicle services operating account for programming costs related to the implementation of self-service kiosks for vehicle registration renewal. This is a onetime appropriation and is available in fiscal year 2023.
Trunk Highway 494,000 494,000
$7,398,000 in fiscal year 2022 and $7,398,000 in fiscal year 2023 are from the general fund for grants to school districts, nonpublic schools, charter schools, and companies that provide school bus services, for the purchase and installation of school bus stop-signal arm camera systems. In awarding grants, the commissioner must prioritize: regular route type A, B, C, and D buses; newer buses; and buses that do not already have a stop-signal arm or forward-facing camera. Cameras purchased with grants awarded pursuant to this section must be used within the state. When implementing the grant program, the commissioner must require grant recipients to submit an estimate of the recipient's anticipated ongoing costs associated with the use of the cameras, including but not limited to costs for operating and maintaining the cameras, identifying violations, and methods for compiling video evidence of violations and providing the evidence to law enforcement. If the money in the account is sufficient to fund all requests, the commissioner must not require a local match. The commissioner may seek assistance from the commissioner of education in administering the grants. This is a onetime appropriation and is available until June 30, 2025.
$110,000 in fiscal year 2022 and $94,000 in fiscal year 2023 are from the general fund for staff costs to administer grants for school bus stop-signal arm cameras. This is a onetime appropriation and is available until June 30, 2025.
The base for the general fund is $478,000 in each of fiscal years 2024 and 2025.
This appropriation is from the pipeline safety account in the special revenue fund under Minnesota Statutes, section 299J.18.
Hazardous Substances Transportation Incident Preparedness
1,000,000 -0-
This appropriation is from the general fund for hazardous substances transportation incident response preparedness under Minnesota Statutes, section 299A.55, subdivision 3. This is a onetime appropriation and is available until June 30, 2023.
Laws 2019, First Special Session chapter 3, article 1, section 4, subdivision 3, is amended to read:
(a) Patrolling Highways 95,252,000 96,083,000
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.
Of the appropriation from the trunk highway fund in fiscal year 2021, up to $1,718,000 is available until December 30, 2021, for costs associated with the 2021 State Patrol Trooper Academy.
(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
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.
EFFECTIVE DATE.
This section is effective the day following final enactment.
TRUNK HIGHWAY CORRIDOR STUDIES AND LOCAL ROAD GRANTS; APPROPRIATION.
$30,930,000 in fiscal year 2022 is appropriated from the general fund to the commissioner of transportation for trunk highway and local road projects, which may include but are not limited to feasibility and corridor studies, project development, predesign, preliminary and final design, engineering, environmental analysis and mitigation, right-of-way acquisition, construction, and associated infrastructure improvements. This appropriation is available for grants to local units of government. The commissioner may establish that a grant under this section does not require a nonstate contribution. This is a onetime appropriation and is available until June 30, 2025.
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT; APPROPRIATION
$15,000 in fiscal year 2022 and $15,000 in fiscal year 2023 are appropriated from the general fund to the commissioner of employment and economic development for temporary staff costs related to the procurement of a statewide freight optimization tool for the Department of Transportation. This is a onetime appropriation.
APPROPRIATION CANCELLATIONS.
(a) $271,000 of the appropriation in fiscal year 2021 under Laws 2019, First Special Session chapter 3, article 1, section 2, subdivision 2, paragraph (d), is canceled to the general fund on the effective date of this section.
(b) $220,000 of the appropriation from the general fund in fiscal year 2021 under Laws 2019, First Special Session chapter 3, article 1, section 4, subdivision 2, paragraph (b), is canceled to the general fund on the effective date of this section.
RAIL SERVICE IMPROVEMENT; TRANSFER.
The commissioner of management and budget must transfer $6,500,000 in each of fiscal years 2022 and 2023 from the general fund to the rail service improvement account in the special revenue fund under Minnesota Statutes, section 222.49. These are onetime transfers.
SPECIAL REVENUE FUND; TRANSFER.
The commissioner of management and budget must transfer $5,000,000 in each of fiscal years 2021 and 2022 from the vehicle services operating account in the special revenue fund to the driver services operating account in the special revenue fund. These are onetime transfers.
APPROPRIATIONS BUDGET.
(a) In the budget submission to the legislature under Minnesota Statutes, section 16A.11, for fiscal years 2024 and 2025, 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 2024 and 2025, the Metropolitan Council must present budget narratives and the proposed appropriations for each appropriation established in section 3, and 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.
MINNESOTA LAW ENFORCEMENT ASSOCIATION RETROACTIVE CONTRACT FUNDING.
Cancellation authority.
If a collective bargaining agreement between the commissioner of management and budget and the Minnesota Law Enforcement Association for the period from July 1, 2019, to June 30, 2021, is not implemented before June 30, 2021, the commissioner of management and budget may allow the commissioner of public safety to cancel the following on June 29, 2021:
(1) to the general fund:
(i) $535,000 of the appropriation from the general fund for capitol security under Laws 2019, First Special Session chapter 3, article 1, section 4, subdivision 3, paragraph (c);
(ii) $605,000 of the appropriation from the general fund for the Bureau of Criminal Apprehension under Laws 2019, First Special Session chapter 5, article 1, section 12, subdivision 3; and
(iii) $57,000 of the appropriation from the general fund for Alcohol and Gambling Enforcement under Laws 2019, First Special Session chapter 5, article 1, section 12, subdivision 6;
(2) to the trunk highway fund:
(i) $3,066,000 of the appropriation from the trunk highway fund for patrolling highways under Laws 2019, First Special Session chapter 3, article 1, section 4, subdivision 3, paragraph (a); and
(ii) $279,000 of the appropriation from the trunk highway fund for commercial vehicle enforcement under Laws 2019, First Special Session chapter 3, article 1, section 4, subdivision 3, paragraph (b);
(3) to the highway user tax distribution fund, $39,000 of the appropriation from the highway user tax distribution fund for the vehicle crimes unit under Laws 2019, First Special Session chapter 3, article 1, section 4, subdivision 3, paragraph (d); and
(4) to the opiate epidemic response fund, $12,000 of the appropriation from the opiate epidemic response fund in Minnesota Statutes, section 256.043, subdivision 3, paragraph (c), for the Bureau of Criminal Apprehension.
Appropriations; general fund.
If the cancellations are implemented under subdivision 1, clause (1), the following is appropriated in fiscal year 2022 from the general fund to the commissioner of public safety:
(1) $535,000 for capitol security;
(2) $605,000 for the Bureau of Criminal Apprehension; and
(3) $57,000 for Alcohol and Gambling Enforcement.
Appropriations; trunk highway fund.
If the cancellations are implemented under subdivision 1, clause (2), the following is appropriated in fiscal year 2022 from the trunk highway fund to the commissioner of public safety:
(1) $3,066,000 for patrolling highways; and
(2) $279,000 for commercial vehicle enforcement.
Appropriation; highway user tax distribution fund.
If the cancellation is implemented under subdivision 1, clause (3), $39,000 in fiscal year 2022 is appropriated from the highway user tax distribution fund to the commissioner of public safety for the vehicle crimes unit.
Appropriation; opiate epidemic response fund.
If the cancellation is implemented under subdivision 1, clause (4), $12,000 in fiscal year 2022 is appropriated from the opiate epidemic response fund in Minnesota Statutes, section 256.043, to the commissioner of public safety for the Bureau of Criminal Apprehension.
Use of appropriations.
The appropriations in this section are only to provide funding for any 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, 2019, to June 30, 2021.
TRUNK HIGHWAY BONDS
BOND APPROPRIATIONS.
The sums shown in the column under "Appropriations" are appropriated from the bond proceeds account in the trunk highway fund to the state agencies or officials indicated to be spent for public purposes. Appropriations of bond proceeds must be spent as authorized by the Minnesota Constitution, articles XI and XIV. Unless otherwise specified, money appropriated in this article for a capital program or project may be used to pay state agency staff costs that are attributed directly to the capital program or project in accordance with accounting policies adopted by the commissioner of management and budget.
Department of Transportation $ 413,000,000
Department of Management and Budget $ 413,000
TOTAL $ 413,413,000
Corridors of Commerce
(a) This appropriation is to the commissioner of transportation for the corridors of commerce program under Minnesota Statutes, section 161.088.
(b) This appropriation is available in the amounts of:
(1) $100,000,000 in fiscal year 2024; and
(2) $100,000,000 in fiscal year 2025.
(c) For all available funds under paragraph (b), the commissioner must commence the project selection process under the program by August 1, 2022.
(d) The commissioner may use up to 17 percent of the amount for program delivery.
(e) The appropriation in this subdivision cancels as specified under Minnesota Statutes, section 16A.642, except that the commissioner of management and budget must count the start of authorization for issuance of state bonds as the first day of the fiscal year during which the bonds are available to be issued as specified under paragraph (b), and not as the date of enactment of this section.
State Road Construction
(a) This appropriation is to the commissioner of transportation for construction, reconstruction, and improvement of trunk highways, including design-build contracts, internal department costs associated with delivering the construction program, and consultant usage to support these activities.
(b) The commissioner must select projects by August 1, 2022.
(c) The commissioner may use up to 17 percent of the amount for program delivery.
SRC - Regional and Community Investment Priorities
(a) This appropriation is to the commissioner of transportation for environmental analysis, predesign, design, engineering, construction, reconstruction, and improvement of trunk highways, including design-build contracts, internal department costs associated with delivering the construction program, and consultant usage to support these activities. This appropriation is for projects on the trunk highway system within the regional and community investment priority category that is established in the State Highway Investment Plan.
(b) $25,000,000 is to upgrade a two-lane trunk highway in Carver County to four lanes for a section that connects to four-lane segments at both ends.
BOND SALE EXPENSES
(a) This appropriation is to the commissioner of management and budget for bond sale expenses under Minnesota Statutes, sections 16A.641, subdivision 8, and 167.50, subdivision 4.
(1) $213,000 in fiscal year 2022;
(2) $100,000 in fiscal year 2024; and
(3) $100,000 in fiscal year 2025.
BOND SALE AUTHORIZATION.
To provide the money appropriated in this article from the bond proceeds account in the trunk highway fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $413,413,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts requested by the commissioner of transportation. The proceeds of the bonds, except accrued interest and any premium received from the sale of the bonds, must be deposited in the bond proceeds account in the trunk highway fund.
LAW ENFORCEMENT SALARIES
LAW ENFORCEMENT SALARY INCREASES.
(a) Notwithstanding any law to the contrary, the commissioner of public safety must increase the salary paid to state patrol troopers in positions represented by the Minnesota Law Enforcement Association by 13.2 percent and must increase the salary paid to these state patrol troopers that are compensated at the maximum base wage level by an additional two percent.
(b) Notwithstanding any law to the contrary, in addition to the salary increases required under paragraph (a), the commissioner of public safety shall increase by 8.4 percent the salary paid to supervisors and managers, and must increase the salary paid to supervisors and managers who are compensated at the maximum base wage level by an additional two percent. For purposes of this paragraph, "supervisors and managers" means employees who are employed in positions that require them to be licensed as peace officers, as defined in Minnesota Statutes, section 626.84, subdivision 1, who supervise or manage employees described in paragraph (a).
This section is effective retroactively from October 22, 2020.
LAW ENFORCEMENT SALARY SUPPLEMENT FOR FISCAL YEAR 2020.
Notwithstanding any law to the contrary, an eligible state employee employed at any time during fiscal year 2020 in a position for which the Minnesota Law Enforcement Association was the exclusive representative shall receive a salary supplement payment that is equal to the salary the employee earned in that position in fiscal year 2020, multiplied by 2.25 percent. For purposes of this section, "eligible state employee" means a person who is employed by the state on the effective date of this section and who was employed in fiscal year 2020 as a state patrol trooper by the Department of Public Safety.
LAW ENFORCEMENT SALARY SUPPLEMENT FOR A PORTION OF FISCAL YEAR 2021.
Notwithstanding any law to the contrary, an eligible state employee employed at any time from July 1, 2020, to October 21, 2020, in a position for which the Minnesota Law Enforcement Association was the exclusive representative shall receive a salary supplement payment that is equal to the salary the employee earned in that position from July 1, 2020, to October 21, 2020, multiplied by 4.8 percent. For purposes of this section, "eligible state employee" means a person who is employed by the state on the effective date of this section and who was employed at any time from July 1, 2020, to October 21, 2020, as a state patrol trooper by the Department of Public Safety.
APPROPRIATIONS; SALARY INCREASES.
(a) $125,000 is appropriated in fiscal year 2021 from the general fund to the commissioner of public safety for state patrol salary increases under section 1. This appropriation is available until December 30, 2021. In each of fiscal years 2022 and 2023, $464,000 is appropriated from the general fund to the commissioner of public safety for this purpose. This amount is in addition to the base appropriation for this purpose.
(b) $3,182,000 is appropriated in fiscal year 2021 from the trunk highway fund to the commissioner of public safety for state patrol salary increases under section 1. This appropriation is available until December 30, 2021. In each of fiscal years 2022 and 2023, $10,363,000 is appropriated from the trunk highway fund to the commissioner of public safety for this purpose. This amount is in addition to the base appropriation for this purpose.
(c) $27,000 is appropriated in fiscal year 2021 from the highway user tax distribution fund to the commissioner of public safety for state patrol salary increases under section 1. This appropriation is available until December 30, 2021. In each of fiscal years 2022 and 2023, $110,000 is appropriated from the highway user tax distribution fund to the commissioner of public safety for this purpose. This amount is in addition to the base appropriation for this purpose.
APPROPRIATIONS; SALARY SUPPLEMENTS FROM JULY 1, 2019, TO OCTOBER 21, 2020.
(a) $105,000 is appropriated in fiscal year 2021 from the general fund to the commissioner of public safety for state patrol salary supplements under sections 2 and 3. This is a onetime appropriation and is available until December 30, 2021.
(b) $2,538,000 is appropriated in fiscal year 2021 from the trunk highway fund to the commissioner of public safety for state patrol salary supplements under sections 2 and 3. This is a onetime appropriation and is available until December 30, 2021.
(c) $32,000 is appropriated in fiscal year 2021 from the highway user tax distribution fund to the commissioner of public safety for state patrol salary supplements under sections 2 and 3. This is a onetime appropriation and is available until December 30, 2021.
REPEALER.
Laws 2020, Fifth Special Session chapter 3, article 9, section 6, is repealed.
TRANSPORTATION POLICY
Minnesota Statutes 2020, section 16A.11, is amended by adding a subdivision to read:
Subd. 3d.
Highway user tax distribution fund and trunk highway funds details.
(a) For purposes of this subdivision, "commissioner" means any commissioner of a state agency that proposes to spend funds out of the highway user tax distribution fund or the trunk highway fund.
(b) A commissioner must include detailed information about proposed appropriations from the highway user tax distribution fund or the trunk highway fund. At a minimum, the commissioner must include a detailed narrative describing the specific purposes for which the funds will be spent and an estimated appropriation for each purpose.
This section is effective July 1, 2022.
Minnesota Statutes 2020, section 16A.88, subdivision 1a, is amended to read:
Subd. 1a.
Greater Minnesota transit account.
The greater Minnesota transit account is established within the transit assistance fund in the state treasury. Money in the account is annually appropriated to the commissioner of transportation for assistance to transit systems outside the metropolitan area under section 174.24. The commissioner may use up to $408,000 in fiscal year 2008 and $416,000 in fiscal year 2009 and thereafter two percent of the available revenues in the account in each fiscal year for administration of the transit program. The commissioner shall use the account for transit operations as provided in section 174.24 and related program administration.
Minnesota Statutes 2020, section 84.787, subdivision 7, is amended to read:
Off-highway motorcycle.
(a) "Off-highway motorcycle" means a motorized, off-highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered under chapter 168 for highway use if it is also used for off-highway operation on trails or unimproved terrain.
(b) Off-highway motorcycle does not include an electric-assisted bicycle as defined in section 169.011, subdivision 27.
This section is effective August 1, 2021.
Off-road vehicle.
(a) "Off-road vehicle" or "vehicle" means a motor-driven recreational vehicle capable of cross-country travel on natural terrain without benefit of a road or trail.
(b) Off-road vehicle does not include a snowmobile; an all-terrain vehicle; a motorcycle; an electric-assisted bicycle as defined in section 169.011, subdivision 27; a watercraft; a farm vehicle being used for farming; a vehicle used for military, fire, emergency, or law enforcement purposes; a construction or logging vehicle used in the performance of its common function; a motor vehicle owned by or operated under contract with a utility, whether publicly or privately owned, when used for work on utilities; a commercial vehicle being used for its intended purpose; snow-grooming equipment when used for its intended purpose; or an aircraft.
Minnesota Statutes 2020, section 84.92, subdivision 8, is amended to read:
All-terrain vehicle or vehicle.
(a) "All-terrain vehicle" or "vehicle" means a motorized vehicle with: (1) not less than three, but not more than six low pressure or non-pneumatic tires; (2) a total dry weight of 2,000 pounds or less; and (3) a total width from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.
(b) All-terrain vehicle does not include a an electric-assisted bicycle as defined in section 169.011, subdivision 27, golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes.
Minnesota Statutes 2020, section 117.075, subdivision 2, is amended to read:
Appoint commissioners for damages.
(a) If the proposed taking shall appear to be necessary and such as is authorized by law, the court by an order shall appoint three disinterested commissioners, and at least two alternates, to ascertain and report the amount of damages that will be sustained by the several owners on account of such taking.
(b) All disinterested commissioners or alternates appointed under this subdivision must reside in Minnesota.
Commissioner qualifications.
Before appointing a commissioner, The court shall inquire whether each prospective commissioner has any relationship, business or otherwise, to any of the parties in the proceeding, or any interest in the proceeding which may constitute a conflict of interest, or which may create the appearance of impropriety should that person be appointed. Responses to this inquiry must be either written or on the record and made available by the court to any party in the proceeding before and after appointment. No person who might have difficulty in rendering an unbiased decision may be appointed to serve. The court, in its discretion, may appoint one registered, practicing attorney to the commission who is knowledgeable in eminent domain matters. All other commissioners appointed must be persons actively engaged in the occupation of real estate sales or real estate appraising or persons knowledgeable in real estate values.
Minnesota Statutes 2020, section 160.02, subdivision 1a, is amended to read:
Bikeway.
"Bikeway" means a bicycle lane, bicycle path, shared use path, bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive use of bicycles or for shared use with other transportation modes has the meaning given in section 169.011, subdivision 9.
Designation.
(a) A governing body designating a bikeway under this section may:
(1) designate the type and character of vehicles or other modes of travel which may be operated on a bikeway, provided that the operation of such vehicle or other mode of travel is not inconsistent with the safe use and enjoyment of the bikeway by bicycle traffic;
(2) establish priority of right-of-way on the bicycle lane or bicycle path and otherwise regulate the use of bikeways as it deems necessary; and
(3) paint lines or construct curbs or establish other physical separations to exclude the use of the bikeways by vehicles other than those specifically permitted to operate thereon.
(b) The designating governing body may, after public hearing, prohibit through traffic on any highway or portion thereof designated as a bicycle lane or bicycle route, except that through traffic may not be prohibited on a trunk highway. The designating governing body shall erect and maintain official signs giving notice of the regulations and priorities established under this subdivision and shall mark all bikeways with appropriate signs. Marking and signing of bikeways by the designating governing body shall be in conformance with the Minnesota Manual on Uniform Traffic Control Devices.
(c) When an existing disability parking space is designated pursuant to section 169.346, subdivision 2, on a segment of road on which the governing body is considering designating a bikeway, the governing body must work with the person of record for the disability parking space to determine if the parking space is in use and may be removed, modified, or relocated to a mutually agreeable location. The governing body must establish in public record an agreement to remove, modify, or relocate the disability parking space. If there is no agreement to remove, modify, or relocate the disability parking space, the governing body must designate the bikeway in a manner that does not eliminate or interfere with the parking space, or must establish a disability parking space at the nearest possible location to facilitate a continuous designated bikeway.
(d) For purposes of this subdivision, "person of record" means the person who is identified on file with the governing body as the requester to establish the disability parking space. If the person of record does not use the disability parking space, the person of record may delegate the authority for an agreement under paragraph (c) or may negotiate on behalf of another individual who primarily uses the disability parking space.
Minnesota Statutes 2020, section 160.93, subdivision 4, is amended to read:
Prohibition.
No person may operate a single-occupant vehicle in a designated high-occupancy vehicle lane or dynamic shoulder lane except in compliance with the requirements of the commissioner. A person who violates this subdivision is guilty of a petty misdemeanor and is subject to sections 169.89, subdivisions 1, 2, and 4, and 169.891 and any other provision of chapter 169 applicable to the commission of a petty misdemeanor traffic offense. Upon approval of the Federal Highway Administration, this subdivision does not apply on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
[161.045] HIGHWAY USER TAX DISTRIBUTION FUND APPROPRIATIONS; TRUNK HIGHWAY FUND APPROPRIATIONS.
Definition.
For purposes of this section, "commissioner" means any commissioner of a state agency that either proposes to spend or spends funds out of the highway user tax distribution fund or the trunk highway fund.
General expenditure requirements.
A commissioner may expend highway user tax distribution funds only for highway purposes and may expend trunk highway funds only for trunk highway purposes.
Limitations on spending.
(a) A commissioner must not pay for any of the following with funds from the highway user tax distribution fund or the trunk highway fund:
(1) Bureau of Criminal Apprehension laboratory;
(2) Explore Minnesota Tourism kiosks;
(3) Minnesota Safety Council;
(4) driver education programs;
(5) Emergency Medical Services Regulatory Board;
(6) Mississippi River Parkway Commission;
(7) payments to MN.IT Services in excess of actual costs incurred for trunk highway purposes;
(8) personnel costs incurred on behalf of the governor's office;
(9) the Office of Aeronautics within the Department of Transportation;
(10) the Office of Transit and Active Transportation within the Department of Transportation;
(11) the Office of Passenger Rail;
(12) purchase and maintenance of soft body armor under section 299A.38;
(13) tourist information centers;
(14) parades, events, or sponsorships of events;
(15) rent and utility expenses for the department's central office building;
(16) the installation, construction, expansion, or maintenance of public electric vehicle infrastructure;
(17) the statewide notification center for excavation services pursuant to chapter 216D; and
(18) manufacturing license plates.
(b) The prohibition in paragraph (a) includes all expenses for the named entity or program, including but not limited to payroll, purchased services, supplies, repairs, and equipment. This prohibition on spending applies to any successor entities or programs that are substantially similar to the entity or program named in this subdivision.
Project selection process; criteria.
(a) The commissioner must establish a process to identify, evaluate, and select projects under the program. The process must be consistent with the requirements of this subdivision and must not include any additional evaluation criteria.
(b) As part of the project selection process, the commissioner must annually accept recommendations on candidate projects from area transportation partnerships and other interested stakeholders in each Department of Transportation district. The commissioner must determine the eligibility for each candidate project identified under this paragraph. For each eligible project, the commissioner must classify and evaluate the project for the program, using all of the criteria established under paragraph (c).
(c) Projects must be evaluated using all of the following criteria:
(1) a return on investment measure that provides for comparison across eligible projects;
(2) measurable impacts on commerce and economic competitiveness;
(3) efficiency in the movement of freight, including but not limited to:
(i) measures of annual average daily traffic and commercial vehicle miles traveled, which may include data near the project location on that trunk highway or on connecting trunk and local highways; and
(ii) measures of congestion or travel time reliability, which may be within or near the project limits, or both;
(4) improvements to traffic safety;
(5) connections to regional trade centers, local highway systems, and other transportation modes;
(6) the extent to which the project addresses multiple transportation system policy objectives and principles;
(7) support and consensus for the project among members of the surrounding community; and
(8) the time and work needed before construction may begin on the project; and
(9) regional balance throughout the state.
The commissioner must give the criteria in clauses (1) to (8) equal weight in the selection process.
(d) The list of all projects evaluated must be made public and must include the score of each project.
(e) As part of the project selection process, the commissioner may divide funding to be separately available among projects within each classification under subdivision 3, and may apply separate or modified criteria among those projects falling within each classification.
Minnesota Statutes 2020, section 161.089, is amended to read:
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. The report must include a separate section that lists detailed expenditures and transfers from the trunk highway fund and highway user tax distribution fund for cybersecurity.
Minnesota Statutes 2020, section 161.115, subdivision 27, is amended to read:
Route No. 96.
Beginning at a point on Route No. 95 244 as herein established at or near Stillwater Dellwood City, thence extending in a westerly direction to a point on Route No. 63 1 at or near New Brighton White Bear Lake.
This section is effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Washington County to transfer jurisdiction of Legislative Route No. 96 and after the commissioner sends notice to the revisor of statutes electronically or in writing that the conditions required to transfer the route have been satisfied.
Minnesota Statutes 2020, section 161.14, is amended by adding a subdivision to read:
Corporal Caleb L. Erickson Memorial Highway.
That segment of marked Trunk Highway 13 in Waseca County from the southern border of Woodville Township to the northern border of Blooming Grove Township is designated as "Corporal Caleb L. Erickson Memorial Highway." Subject to section 161.139, the commissioner must adopt a suitable design to mark this highway and erect appropriate signs.
Chief Daryl "Taddy" Drusch Memorial Highway.
The segment of marked U.S. Highway 12 within the city limits of Howard Lake is designated as "Chief Daryl "Taddy" Drusch Memorial Highway." Subject to section 161.139, the commissioner must adopt a suitable design to mark this highway and erect appropriate signs.
Private Joseph Marthaler Memorial Bridge.
The bridge on marked U.S. Highway 52 over Dakota County State-Aid Highway 8, known as Wentworth Avenue, in the city of West Saint Paul, is designated as "Private Joseph Marthaler Memorial Bridge." Subject to section 161.139, the commissioner must adopt a suitable design to mark the bridge and erect appropriate signs.
Subd. 100.
Patrol Inspector Robert H. Lobdell Memorial Highway.
The segment of marked Trunk Highway 11 from Roseau to Warroad is designated as "Patrol Inspector Robert H. Lobdell Memorial Highway." Subject to section 161.139, the commissioner must adopt a suitable design to mark this highway and erect appropriate signs.
Deputy Richard K. Magnuson Memorial Highway.
The segment of marked Trunk Highway 310 from Roseau to the border with Canada is designated as "Deputy Richard K. Magnuson Memorial Highway." Subject to section 161.139, the commissioner must adopt a suitable design to mark this highway and erect appropriate signs.
Conveyance of excess.
(a) On acquiring real estate in excess of what is needed for trunk highway purposes as authorized in subdivision 1, the commissioner of transportation shall, within one year after the completion of the construction, reconstruction, or improvement of the highway for which a portion of the real estate was needed and required, convey and quitclaim the excess real estate.
(b) The excess real estate may be sold and conveyed to the owner of the land abutting upon the excess real estate in the same manner and under the same terms provided under section 161.44, subdivision 2, or to the highest responsible bidder, after receipt of sealed bids following mailed notice to adjacent landowners and published notice of the sale for three successive weeks in a newspaper or trade journal of general circulation in the territory from which bids are likely to be received. All bids may be rejected and new bids received upon like advertisement.
(c) If the lands remain unsold after being offered for sale, the commissioner may offer the remaining lands to any person who agrees to pay the minimum bid established for the public sale. The sale must continue until all eligible lands have been sold or the commissioner withdraws the remaining lands from the sale. The lands to be sold must be listed on the department's unsold property inventory list.
(d) The deed may contain restrictive clauses limiting the use of such real estate in the interests of safety and convenient public travel when the commissioner finds that the restrictions are reasonably necessary.
Services of licensed real estate broker.
If the lands remain unsold after being offered for sale to the highest bidder, the commissioner may retain the services of a licensed real estate broker to find a buyer. The sale price may be negotiated by the broker, but must not be less than 90 80 percent of the appraised market value as determined by the commissioner. The broker's fee must be established by prior agreement between the commissioner and the broker, and must not exceed ten percent of the sale price for sales of $10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.
Minnesota Statutes 2020, section 161.3208, subdivision 1, is amended to read:
Selection authority; limitation.
Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner may select a construction manager/general contractor as provided in section 161.3209, and award a construction manager/general contractor contract. The number of awarded contracts shall not exceed four three in any calendar year.
If the lands are withdrawn from sale under subdivision 6b, the commissioner may retain the services of a licensed real estate broker to find a buyer. The sale price may be negotiated by the broker, but must not be less than 90 80 percent of the appraised market value as determined by the commissioner. The broker's fee must be established by prior agreement between the commissioner and the broker, and must not exceed ten percent of the sale price for sales of $10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.
Minnesota Statutes 2020, section 161.44, subdivision 6b, is amended to read:
Subd. 6b.
Unsold lands.
If lands remain unsold after being offered for sale to the highest bidder, the commissioner may offer the remaining lands to any person who agrees to pay at least 80 percent of the minimum bid established for the public sale. Any offers less than 100 percent of the minimum bid must be approved by the commissioner prior to a sale. The sale must continue until all eligible lands have been sold or the commissioner withdraws the remaining lands from sale. The lands to be sold must be listed on the department's Unsold Property Inventory list.
(a) Subject to funds made available by law, the commissioner shall must allocate all funds as provided in subdivision 4 and shall must, by June 1, certify to the commissioner of revenue the amounts to be paid.
(b) Following certification from the commissioner, the commissioner of revenue shall must distribute the specified funds to cities in the same manner as local government aid under chapter 477A. An appropriation to the commissioner under this section is available to the commissioner of revenue for the purposes specified in this paragraph.
(c) Notwithstanding other law to the contrary, in order to receive distributions under this section, a city must conform to the standards in section 477A.017, subdivision 2. A city that receives funds under this section must make and preserve records necessary to show that the funds are spent in compliance with subdivision 4 5.
Qualifications, salary, and term.
The county highway engineer shall be a registered highway or civil engineer, registered under the laws of the state of Minnesota. The county board may appoint a new county engineer for a term of only one year. All reappointments shall be for a term of four years, and shall be made in May of the year in which the term expires. The county highway engineer shall be a citizen and resident of this state. The county highway engineer's salary shall be fixed by the county board and shall be payable the same as other county officers are paid. The salary shall not be reduced during the county highway engineer's term of office.
Minnesota Statutes 2020, section 167.45, is amended to read:
167.45 OPERATION COSTS FOR CENTRAL OFFICE BUILDING, PAYMENT.
The cost of operation and maintenance of the new central office building for the Department of Transportation, or so much thereof as is properly attributable to the Department of Transportation, shall must not be paid out of the trunk highway fund. An amount sufficient to pay these costs is appropriated from the general fund to the commissioner for this purpose.
Motor vehicle.
(a) "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to operate primarily on highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled by electric power obtained from overhead trolley wires but not operated upon rails. It does not include snowmobiles, manufactured homes, or park trailers.
(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle (1) has at least four wheels, (2) is owned and operated by a physically disabled person, and (3) displays both disability plates and a physically disabled certificate issued under section 169.345.
(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle before August 1, 1985. The owner may continue to license an all-terrain vehicle described in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another owner, is destroyed, or fails to comply with the registration and licensing requirements of this chapter.
(d) "Motor vehicle" does not include a snowmobile; a manufactured home; a park trailer; an electric personal assistive mobility device as defined in section 169.011, subdivision 26.;
(e) "Motor vehicle" does not include a motorized foot scooter as defined in section 169.011, subdivision 46; or an electric-assisted bicycle as defined in section 169.011, subdivision 27.
(f) (e) "Motor vehicle" includes an off-highway motorcycle modified to meet the requirements of chapter 169 according to section 84.788, subdivision 12.
[168.0135] MOTOR VEHICLE REGISTRATION SELF-SERVICE KIOSKS.
Authorization.
(a) The commissioner, in consultation with deputy registrars, must establish a process to implement, locate, and install self-service kiosks that may be used for passenger vehicle and motorcycle registration renewals. The commissioner must establish reasonable performance, security, technical, and financial standards to approve a vendor. Self-service kiosks authorized by this section must:
(1) allow a customer to renew a passenger vehicle or motorcycle registration pursuant to section 168.013 without assistance of a deputy registrar;
(2) collect the appropriate annual contribution for a special license plate;
(3) process requests for duplicate license plates, except that the self-service kiosk must not process any request for a special plate that requires documentation to prove eligibility to receive that type of plate;
(4) dispense license plate registration renewal stickers to the applicant at the time of the application; and
(5) display the contact phone number and e-mail address of the deputy registrar's office that is responsible for the self-service kiosk.
(b) This section only applies to deputy registrars appointed pursuant to section 168.33, subdivision 2.
(a) The commissioner must contract with a vendor to provide the hardware and software necessary to implement the self-service kiosk program. The commissioner must provide fair and reasonable access to department facilities, staff, and technology. The vendor is responsible for the maintenance and installation of all self-service kiosks. The vendor must provide training to deputy registrars on how to operate and troubleshoot issues with a self-service kiosk.
(b) In order to have a self-service kiosk placed in a deputy registrar's service area, the deputy registrar must make a request to the commissioner. The commissioner must review the request. If the request is approved, the commissioner must direct the vendor to place a self-service kiosk in the requesting deputy registrar's service area.
(c) The deputy registrar that requested the placement of the self-service kiosk is responsible for the kiosk. The deputy registrar must coordinate with the vendor for administration and to ensure that all registration materials contained within the self-service kiosks are properly handled and accounted for.
(a) The commissioner may assess a convenience fee of $5 or less for each transaction completed using a self-service kiosk. The vendor must collect and retain the revenue from any convenience fee that is assessed.
(b) The filing fees in section 168.33, subdivision 7, apply to transactions conducted at a self-service kiosk. The deputy registrar must retain the filing fees.
(c) The fees authorized in this subdivision are in addition to any transaction fees, convenience fees, or other fees charged by a financial institution for use of a debit or credit card.
Plates; design, visibility, periods of issuance.
(a) The commissioner, upon approval and payment, shall issue to the applicant the plates required by this chapter, bearing the state name and an assigned vehicle registration number. The number assigned by the commissioner may be a combination of a letter or sign with figures. The color of the plates and the color of the abbreviation of the state name and the number assigned must be in marked contrast. The plates must be lettered, spaced, or distinguished to suitably indicate the registration of the vehicle according to the rules of the commissioner.
(b) When a vehicle is registered on the basis of total gross weight, the plates issued must clearly indicate by letters or other suitable insignia the maximum gross weight for which the tax has been paid.
(c) Plates issued to a noncommercial vehicle must bear the inscription "noncommercial" unless the vehicle is displaying a special plate authorized and issued under this chapter.
(d) A one-ton pickup truck that is used for commercial purposes and is subject to section 168.185, is eligible to display special plates as authorized and issued under this chapter.
(e) The plates must be so treated as to be at least 100 times brighter than the conventional painted number plates. When properly mounted on an unlighted vehicle, the plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
(f) The commissioner shall issue plates for the following periods:
(1) New plates issued pursuant to section 168.012, subdivision 1, must be issued to a vehicle for as long as the vehicle is owned by the exempt agency and the plate shall not be transferable from one vehicle to another but the plate may be transferred with the vehicle from one tax-exempt agency to another.
(2) Plates issued for passenger automobiles must be issued for a seven-year period. All plates issued under this paragraph must be replaced if they are seven years old or older at the time of registration renewal or will become so during the registration period.
(3) Plates issued under sections 168.053 and 168.27, subdivisions 16 and 17, must be for a seven-year period.
(4) Plates issued under subdivisions 2c and 2d and section sections 168.123, 168.1235, and 168.1255 must be issued for the life of the veteran under section 169.79.
(5) Plates for any vehicle not specified in clauses (1) to (3) must be issued for the life of the vehicle.
(g) In a year in which plates are not issued, the commissioner shall issue for each registration a sticker to designate the year of registration. This sticker must show the year or years for which the sticker is issued, and is valid only for that period. The plates and stickers issued for a vehicle may not be transferred to another vehicle during the period for which the sticker is issued, except when issued for a vehicle registered under section 168.187.
(h) Despite any other provision of this subdivision, plates issued to a vehicle used for behind-the-wheel instruction in a driver education course in a public school may be transferred to another vehicle used for the same purpose without payment of any additional fee. The public school shall notify the commissioner of each transfer of plates under this paragraph. The commissioner may prescribe a format for notification.
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 $ 5.25 13.50 $ 7.00 15.50
Special $ 10.00 13.50 $ 11.50 15.50
Personalized (Replacement) $ 11.50 13.50 $ 15.50
Collector Category $ 15.00 13.50 $ 16.50 15.50
Emergency Vehicle Display $ 3.00 $ 6.00
Utility Trailer Self-Adhesive $ 2.50
Vertical Motorcycle Plate $ 100.00 NA
Replacement Dealer Plates $ 5.25
Replacement Tax Exempt Plates $ 5.25
Duplicate year $ 1.25 1.50 $ 1.25 1.50
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) (c) For vehicles that require two of the categories in paragraph (b) or (c), the registrar shall only charge the higher of the two fees and not a combined total.
[168.1284] MINNESOTA 100 CLUB PLATES.
Issuance of plates.
The commissioner must issue Minnesota 100 Club 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) pays the registration tax as required under section 168.013;
(3) pays a fee in the amount specified under section 168.12, subdivision 5, for each set of plates, along with any other fees required by this chapter;
(4) contributes a minimum of $40 annually to the Minnesota 100 Club account; and
(5) complies with this chapter and rules governing registration of motor vehicles and licensing of drivers.
The commissioner must adopt a suitable design for the plate in consultation with representatives from the Minnesota 100 Club.
Plates transfer.
On application to the commissioner and payment of a transfer fee of $5, special plates issued under this section may be transferred to another motor vehicle if the subsequent vehicle is:
(1) qualified under subdivision 1, clause (1), to bear the special plates; and
(2) registered to the same individual to whom the special plates were originally issued.
Exemption.
Special plates issued under this section are not subject to section 168.1293, subdivision 2.
Contributions; account; appropriation.
Contributions collected under subdivision 1, clause (4), must be deposited in the Minnesota 100 Club account, which is established in the special revenue fund. Money in the account is annually appropriated to the commissioner. This appropriation is first for the annual cost of administering the account funds, and the remaining funds are for distribution to the Minnesota 100 Club to further the organization's mission and purpose of providing charitable gifts and contributions.
This section is effective January 1, 2022, for Minnesota 100 Club special plates issued on or after that date.
[168.1285] MINNESOTA AGRICULTURE PLATES.
The commissioner must issue Minnesota agriculture special plates or a single motorcycle plate to an applicant who:
(4) contributes a minimum of $20 annually to the Minnesota agriculture account; and
In consultation with the commissioner of agriculture, the commissioner must adopt a suitable plate design that includes a depiction of lands and activity related to agriculture.
Contributions collected under subdivision 1, clause (4), must be deposited in the Minnesota agriculture 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 (1) the Minnesota FFA Foundation to support the mission of the foundation, and (2) the University of Minnesota Extension Service to support Minnesota 4-H programming and activities. The commissioner must annually consult with the Minnesota FFA Foundation and the University of Minnesota Extension Service for recommendations regarding how to allocate funds.
This section is effective January 1, 2022, for Minnesota agriculture special plates issued on or after that date.
[168.1286] HONORARY CONSUL PLATES.
The commissioner must issue honorary consul special plates or a single motorcycle plate to an applicant who:
(2) is recognized as an honorary consular official appointed by the respective government to serve in Minnesota, and who provides a letter from the Minnesota Consular Corps;
(3) pays a fee 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;
(4) pays the registration tax as required under section 168.013; and
In consultation with the Minnesota Consular Corps, the commissioner must adopt a suitable plate design that includes an emblem and the inscription "Honorary Consul." The unique registration number for each set of special plates issued must contain the International Olympic Committee three-letter country code for the represented country followed by the lowest available sequential number.
Plates surrender.
A person must return to the commissioner special plates issued under this section if (1) the plates are no longer in use, or (2) the person is no longer recognized as an honorary consular official by the appointing government.
This section is effective January 1, 2022, for honorary consul special plates issued on or after that date.
168.183 MOTOR VEHICLES OF CERTAIN NONRESIDENTS.
Payment of taxes.
All trucks, truck-tractors, trucks using combination, and buses which comply with all of the provisions of section 168.181, subdivision 1, clause (6), but are excluded from the exemptions solely because of the temporary nature of their movement in this state, shall be required to comply with all laws and rules as to the payment of taxes applicable to like vehicles owned by Minnesota residents, except that nonresidents may make application to pay the tax for each vehicle proportionate to the number of months or fraction thereof the vehicles are in this state. For the purposes of this subdivision, buses do not include charter buses that are considered proratable vehicles under section 168.187, subdivision 4. Fees are determined by section 168.013, subdivision 1e.
Contents of application.
The application shall contain such information and shall be executed in such manner as the registrar may require and shall include a complete itinerary of the applicant and shall be accompanied by such evidence of ownership as the registrar shall deem necessary.
Upon payment of the required tax the registrar shall issue, in lieu of registration plates, a permit for each vehicle so taxed. The permit shall contain the name and address of the owner, the make, type, serial number and year model of the vehicle, the expiration date and any other information deemed necessary by the registrar. The permit must be carried in the vehicle at all times available in a format prescribed by the registrar while the vehicle is being operated in this state.
Trip permit.
Subject to agreements or arrangements made or entered into pursuant to subdivision 7, the commissioner may issue trip permits for use of Minnesota highways by individual vehicles, on an occasional basis, for periods not to exceed 120 hours in compliance with rules promulgated pursuant to subdivision 23 and upon payment of a fee of $15. The fee for the trip permit is calculated as one-twelfth of the amount determined under section 168.013, subdivision 1e, rounded to the nearest whole dollar. For the purposes of this subdivision, "on an occasional basis" means no more than one permit per vehicle within a 30-day period, which begins the day a permit is effective.
Surrender plates and credit tax paid.
(a) On transferring a motor vehicle, the transferor shall surrender the registration plates and assign the registration tax paid to the credit of the transferee.
(b) As specified in section 115A.908, the commissioner must impose a $10 fee on each transfer of title within the state, other than transfers for resale purposes, of every motor vehicle weighing more than 1,000 pounds.
Installments; registration generally.
(a) If the tax for a vehicle assessed under section 168.013, subdivision 1c, 1d, 1e, or 1g, amounts to more than $400, the owner may pay the tax by installments.
(b) The owner shall tender with the application for registration one-third of the annual tax due or $400, whichever is greater, plus any penalties or arrears, plus a fee of $10. Instead of this fee, the applicant may furnish a bond, bank letter of credit, or certificate of deposit approved by the registrar of motor vehicles, for the total of the tax still due. The amount of the bond, letter of credit, or certificate of deposit may include any penalties assessed. The bond, letter of credit, or certificate of deposit must be for the benefit of the state for monetary loss caused by failure of the vehicle owner to pay delinquent license fees and penalties.
(c) The remainder of the tax due must be paid in two equal installments;. The due date of the first installment is the first day of the fifth month of the registration period for which the tax is assessed July 1, and the second installment is due on the first day of the ninth month of the registration period for which the tax is assessed November 1.
(d) When the applicant elects to pay the administrative fee, the registrar shall issue to the applicant validation stickers indicating the expiration date of a registration. When the applicant elects to furnish a bond, bank letter, or letter of deposit, the registrar shall issue regular validation stickers for the registration year.
(e) If an owner of a vehicle fails to pay an installment on or before its due date, the vehicle must not be used on the public streets or highways in this state until the installment or installments of the tax remaining due on the vehicle have been paid in full for the licensed year together with a penalty at the rate of $1 per day for the remainder of the month in which the balance of the tax becomes due and $4 a month for each succeeding month or fraction of a month during which the balance of the tax remains unpaid. Upon the payment of the balance of the tax and the penalties, the registrar shall issue a registration certificate to the owner of the vehicle in the manner provided by law. The registrar shall deny installment payment privileges provided in this subdivision in the subsequent year to any owner on any or all vehicles of the owner who during the current year fails to pay any installment due within one month after the due date.
Records and fees.
(a) Upon request by any person authorized in this section, the commissioner shall furnish a certified copy of any driver's license record, instruction permit record, Minnesota identification card record, vehicle registration record, vehicle title record, or accident record.
(b) Except as provided in subdivisions 4, 5a, and 5 5b, and other than accident records governed under section 169.09, subdivision 13, the requester shall pay a fee of $10 for each certified record specified in paragraph (a) or a fee of $9 for each record that is not certified.
(c) Except as provided in subdivisions 4, 5a, and 5 5b, in addition to the record fee in paragraph (b), the fee for a copy of the history of any vehicle title not in electronic format is $1 for each page of the historical record.
(d) Fees collected under paragraph (b) for driver's license, instruction permit, and Minnesota identification card records must be paid into the state treasury with 50 cents of each fee credited to the general fund. The remainder of the fees collected must be credited to the driver services operating account in the special revenue fund under section 299A.705.
(e) Fees collected under paragraphs (b) and (c) for vehicle registration or title records must be paid into the state treasury with 50 cents of each fee credited to the general fund. The remainder of the fees collected must be credited to the vehicle services operating account in the special revenue fund specified in section 299A.705.
(f) Except as provided in subdivisions 4, 5a, and 5 5b, the commissioner shall permit a person to inquire into a record by the person's own electronic means for a fee of $4.50 for each inquiry, except that no fee may be charged when the requester is the subject of the data. Of the fee:
(1) Of the $4.50 fee, $2.70 must be deposited in the general fund.;
(2) for driver's license, instruction permit, or Minnesota identification card records, the remainder must be deposited in the driver services operating account in the special revenue fund under section 299A.705.; and
(3) for vehicle title or registration records, the remainder must be deposited in the vehicle services operating account in the special revenue fund under section 299A.705.
(g) Fees and the deposit of the fees for accident records and reports are governed by section 169.09, subdivision 13.
This section is effective August 1, 2021, or upon completion of the necessary programming changes to the driver and vehicle services information system, whichever is earlier. The commissioner of public safety must notify the revisor of statutes of the date.
Minnesota Statutes 2020, section 168.327, is amended by adding a subdivision to read:
Vehicle records subscription service.
(a) The commissioner may implement a vehicle records subscription service to provide information concerning access to motor vehicle 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 section 168.346 and United States Code, title 18, section 2721.
(b) If a vehicle records subscription service is implemented, the commissioner must 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 vehicle services operating account under section 299A.705, subdivision 1, and are appropriated to the commissioner for the purposes in this paragraph and paragraph (a).
(c) If a motor vehicle records subscription service is implemented, the commissioner must charge a fee of $0.02 per motor vehicle record requested. Of the fees collected, 20 percent must be credited to the vehicle services operating account under section 299A.705, subdivision 1, and is appropriated to the commissioner for the purposes of this subdivision; 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, subdivision 3.
Custom data request record fees.
(a) For purposes of this subdivision, "custom data request records" means a total of 1,000 or more (1) vehicle title records, (2) vehicle registration records, or (3) driver's license records.
(b) The commissioner must charge a fee of $0.02 per record for custom data request records.
(c) Of the fees collected for custom data request records:
(1) 20 percent must be credited:
(i) for vehicle title or registration records, to the vehicle services operating account under section 299A.705, subdivision 1, and is appropriated to the commissioner for the purposes of this subdivision; and
(ii) for driver's license records, to the driver services operating account under section 299A.705, subdivision 2, and is appropriated to the commissioner for the purposes of this subdivision;
(2) 30 percent must be credited to the data security account in the special revenue fund under section 3.9741, subdivision 5; and
(3) 50 percent must be credited to the driver and vehicle services technology account under section 299A.705, subdivision 3.
(d) The commissioner may impose an additional fee for technical staff to create a custom set of data under this subdivision.
Review and audit of purchases of bulk driver and motor vehicle records subscription services.
Each subscriber and each requester of bulk vehicle records shall under subdivision 4 or 5a must annually engage an independent professional organization to audit its uses of bulk data and its information technology security procedures, including the methods and practices employed in the processing and use of driver and vehicle services data. Within 30 days of the date of the audit report, each subscriber and requester must submit each report to the legislative auditor and the commissioner.
Minnesota Statutes 2020, section 168A.11, subdivision 1, is amended to read:
Requirements upon subsequent transfer; service fee.
(a) A dealer who buys a vehicle and holds it for resale need not apply for a certificate of title. Upon transferring the vehicle to another person, other than by the creation of a security interest, the dealer shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any secured party holding a security interest created or reserved at the time of the resale, and the date of the security agreement in the spaces provided therefor on the certificate of title or secure reassignment.
(b) If a dealer elects to apply for a certificate of title on a vehicle held for resale, the dealer need not register the vehicle but shall pay one month's registration tax. If a dealer elects to apply for a certificate of title on a vehicle held for resale, the department shall not place any legend on the title that no motor vehicle sales tax was paid by the dealer, but may indicate on the title whether the vehicle is a new or used vehicle.
(c) With respect to motor vehicles subject to the provisions of section 325E.15, the dealer shall also, in the space provided therefor on the certificate of title or secure reassignment, state the true cumulative mileage registered on the odometer or that the exact mileage is unknown if the odometer reading is known by the transferor to be different from the true mileage.
(d) The transferee shall complete the application for title section on the certificate of title or separate title application form prescribed by the department. The dealer shall mail or deliver the certificate to the registrar or deputy registrar with the transferee's application for a new certificate and appropriate taxes and fees, within ten business days.
(e) With respect to vehicles sold to buyers who will remove the vehicle from this state, the dealer shall remove any license plates from the vehicle, issue a 31-day temporary permit pursuant to section 168.091, and notify the registrar within 48 hours of the sale that the vehicle has been removed from this state. The notification must be made in an electronic format prescribed by the registrar. The dealer may contract with a deputy registrar for the notification of sale to an out-of-state buyer. The deputy registrar may charge a fee not to exceed of $7 per transaction to provide this service.
Notification on vehicle held for resale; service fee.
Within 48 hours of acquiring a vehicle titled and registered in Minnesota, a dealer shall notify the registrar that the dealership is holding the vehicle for resale. The notification must be made electronically as prescribed by the registrar. The dealer may contract this service to a deputy registrar and the registrar may charge a fee not to exceed of $7 per transaction to provide this service.
Bicycle lane.
"Bicycle lane" means a portion of a roadway or shoulder designed for exclusive or preferential use by persons using bicycles. Bicycle lanes are to be distinguished from the portion of the roadway or shoulder used for motor vehicle traffic by physical barrier, striping, marking, or other similar device.
"Bikeway" means a bicycle lane, bicycle path, or bicycle route, shared use path, or similar bicycle facility, regardless of whether it is designed for the exclusive use of bicycles or is to be for shared use with other transportation modes.
Class 1 electric-assisted bicycle.
"Class 1 electric-assisted bicycle" means an electric-assisted bicycle equipped with an electric motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
Subd. 15b.
"Class 2 electric-assisted bicycle" means an electric-assisted bicycle equipped with an electric motor that is capable of propelling the bicycle without the rider pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
Subd. 15c.
Electric-assisted bicycle.
"Electric-assisted bicycle" means a bicycle with two or three wheels that:
(1) has a saddle and fully operable pedals for human propulsion;
(2) meets the requirements:
(i) of federal motor vehicle safety standards for a motor-driven cycle in Code of Federal Regulations, title 49, sections 571.1 et seq.; or
(ii) for bicycles under Code of Federal Regulations, title 16, part 1512, or successor requirements; and
(3) has is equipped with an electric motor that (i) has a power output of not more than 1,000 750 watts, (ii) is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is incapable of further increasing the speed of the device when human power alone is used to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or ceases to function when the vehicle's brakes are applied; and
(4) meets the requirements of a class 1, class 2, or class 3 electric-assisted bicycle.
(a) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires.
(b) Motor vehicle does not include an electric-assisted bicycle, an electric personal assistive mobility device, or a vehicle moved solely by human power.
Narrow-width lane.
"Narrow-width lane" means a traffic lane that is too narrow to allow persons operating a bicycle and persons operating a motor vehicle within the same lane to operate side by side in compliance with the minimum safe passing clearance set forth in section 169.18.
Transportation by animal.
Every (a) A person riding an animal or driving any animal drawing a operating an animal-drawn vehicle upon a roadway shall be is subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions which by their nature can have no application.
(b) A person operating an animal-drawn vehicle must comply with sections 169.18, subdivision 10; 169.522; and 169.58, subdivision 6.
Minnesota Statutes 2020, section 169.09, subdivision 13, is amended to read:
Reports confidential; evidence, fee, penalty, appropriation.
(a) All reports and supplemental information required under this section must be for the use of the commissioner of public safety and other appropriate state, federal, county, and municipal governmental agencies for accident analysis purposes, except:
(1) upon written request, the commissioner of public safety or any law enforcement agency shall disclose the report required under subdivision 8 to:
(i) any individual involved in the accident, the representative of the individual's estate, or the surviving spouse, or one or more surviving next of kin, or a trustee appointed under section 573.02;
(ii) any other person injured in person, property, or means of support, or who incurs other pecuniary loss by virtue of the accident;
(iii) legal counsel of a person described in item (i) or (ii); or
(iv) a representative of the insurer of any person described in item (i) or (ii); or
(v) a city or county attorney or an attorney representing the state in an implied consent action who is charged with the prosecution of a traffic or criminal offense that is the result of a traffic crash investigation conducted by law enforcement;
(2) the commissioner of public safety shall, upon written request, provide the driver filing a report under subdivision 7 with a copy of the report filed by the driver;
(3) the commissioner of public safety may verify with insurance companies vehicle insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and 169.797;
(4) the commissioner of public safety shall provide the commissioner of transportation the information obtained for each traffic accident involving a commercial motor vehicle, for purposes of administering commercial vehicle safety regulations;
(5) upon specific request, the commissioner of public safety shall provide the commissioner of transportation the information obtained regarding each traffic accident involving damage to identified state-owned infrastructure, for purposes of debt collection under section 161.20, subdivision 4; and
(6) the commissioner of public safety may give to the United States Department of Transportation commercial vehicle accident information in connection with federal grant programs relating to safety.
(b) Accident reports and data contained in the reports are not discoverable under any provision of law or rule of court. No report shall be used as evidence in any trial, civil or criminal, or any action for damages or criminal proceedings arising out of an accident. However, the commissioner of public safety shall furnish, upon the demand of any person who has or claims to have made a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the commissioner solely to prove compliance or failure to comply with the requirements that the report be made to the commissioner.
(c) Nothing in this subdivision prevents any individual who has made a report under this section from providing information to any individuals involved in an accident or their representatives or from testifying in any trial, civil or criminal, arising out of an accident, as to facts within the individual's knowledge. It is intended by this subdivision to render privileged the reports required, but it is not intended to prohibit proof of the facts to which the reports relate.
(d) Disclosing any information contained in any accident report, except as provided in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor.
(e) The commissioner of public safety shall charge authorized persons as described in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee collected under this paragraph must be deposited in the special revenue fund and credited to the driver services operating account established in section 299A.705 and ten percent must be deposited in the general fund. The commissioner may also furnish an electronic copy of the database of accident records, which must not contain personal or private data on an individual, to private agencies as provided in paragraph (g), for not less than the cost of preparing the copies on a bulk basis as provided in section 13.03, subdivision 3.
(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law enforcement agencies shall charge commercial users who request access to response or incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial user" is a user who in one location requests access to data in more than five accident reports per month, unless the user establishes that access is not for a commercial purpose. Of the money collected by the commissioner under this paragraph, 90 percent must be deposited in the special revenue fund and credited to the driver services operating account established in section 299A.705 and ten percent must be deposited in the general fund.
(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall provide an electronic copy of the accident records database to the public on a case-by-case basis using the cost-recovery charges provided for under section 13.03, subdivision 3. The database provided must not contain personal or private data on an individual. However, unless the accident records database includes the vehicle identification number, the commissioner shall include the vehicle registration plate number if a private agency certifies and agrees that the agency:
(1) is in the business of collecting accident and damage information on vehicles;
(2) will use the vehicle registration plate number only for identifying vehicles that have been involved in accidents or damaged, to provide this information to persons seeking access to a vehicle's history and not for identifying individuals or for any other purpose; and
(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.
Penalties.
(a) The driver of any vehicle who violates subdivision 1 or 6 and who did not cause the collision is punishable as follows:
(1) if the collision results in the death of another, the driver is guilty of a felony and may be sentenced to imprisonment for not more than three years, or to payment of a fine of not more than $5,000, or both;
(2) if the collision results in great bodily harm to another, as defined in section 609.02, subdivision 8, the driver is guilty of a felony and may be sentenced to imprisonment for not more than two years, or to payment of a fine of not more than $4,000, or both; or
(3) if the collision results in substantial bodily harm to another, as defined in section 609.02, subdivision 7a, the driver may be sentenced to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both.
(b) The driver of any vehicle involved in a collision resulting in bodily harm to another who violates subdivision 1 or 6 may be sentenced to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both.
(c) Any person who violates subdivision 3, 5, 7, 8, 11, or 12 is guilty of a misdemeanor.
(d) The driver of any vehicle involved in a collision resulting in damage to an attended vehicle who violates subdivision 2 is guilty of a misdemeanor.
(e) The driver of any vehicle involved in a collision resulting in damage to an unattended vehicle who violates subdivision 4 is guilty of a misdemeanor.
(f) The attorney in the jurisdiction in which the violation occurred who is responsible for prosecution of misdemeanor violations of this section shall also be responsible for prosecution of gross misdemeanor violations of this section.
Slower vehicles.
(a) Upon 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, including when operating an animal-drawn vehicle upon a roadway or shoulder of a roadway, must operate the vehicle as close as practicable to the right-hand curb or edge of the roadway.
(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;
(2) preparing for a left turn at an intersection or into a private road or driveway;
(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.
Traffic laws apply.
(a) Every person operating a bicycle shall have has all of the rights and duties applicable to the driver of any other vehicle by this chapter, except in respect to those provisions in this chapter relating expressly to bicycles and in respect to those provisions of this chapter which by their nature cannot reasonably be applied to bicycles. This subdivision applies to a bicycle operating on the shoulder of a roadway.
(b) A person lawfully operating a bicycle (1) on a sidewalk, or (2) across a roadway or shoulder while using a crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances.
Riding rules.
(a) Every person operating a bicycle upon a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
(1) when overtaking and passing another vehicle proceeding in the same direction;
(2) when preparing for a left turn at an intersection or into a private road or driveway;
(3) when reasonably necessary to avoid conditions, including fixed or moving objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make it unsafe to continue along the right-hand curb or edge; or
(4) when operating on the shoulder of a roadway or in a bicycle lane.
(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall travel in the same direction as adjacent vehicular traffic.
(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two abreast and shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal when necessary before overtaking and passing any pedestrian. No person shall ride a bicycle upon a sidewalk within a business district unless permitted by local authorities. Local authorities may prohibit the operation of bicycles on any sidewalk or crosswalk under their jurisdiction.
(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe distance when overtaking a bicycle or individual proceeding in the same direction on the bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.
(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.
(g) A person may operate an electric-assisted bicycle on the shoulder of a roadway, on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph (b), as applicable.
Minnesota Statutes 2020, section 169.222, subdivision 6a, is amended to read:
Operator age Electric-assisted bicycle; riding rules.
(a) A person may operate an electric-assisted bicycle in the same manner as provided for operation of other bicycles, including but not limited to operation on the shoulder of a roadway, a bicycle lane, and a bicycle route, and operation without the motor engaged on a bikeway or bicycle trail.
(b) A person may operate a class 1 or class 2 electric-assisted bicycle with the motor engaged on a bicycle path, bicycle trail, or shared use path unless prohibited under section 85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph (b), as applicable.
(c) A person may operate a class 3 electric-assisted bicycle with the motor engaged on a bicycle path, bicycle trail, or shared use path unless the local authority or state agency having jurisdiction over the bicycle path or trail prohibits the operation.
(d) The local authority or state agency having jurisdiction over a trail that is designated as nonmotorized and that has a natural surface tread made by clearing and grading the native soil with no added surfacing materials may regulate the operation of an electric-assisted bicycle.
(e) No person under the age of 15 shall operate an electric-assisted bicycle.
Electric-assisted bicycle; equipment.
(a) The manufacturer or distributor of an electric-assisted bicycle must apply a label to the bicycle that is permanently affixed in a prominent location. The label must contain the classification number, top assisted speed, and motor wattage of the electric-assisted bicycle, and must be printed in a legible font with at least 9-point type.
(b) A person must not modify an electric-assisted bicycle to change the motor-powered speed capability or motor engagement unless the person replaces the label required in paragraph (a) with revised information.
(c) An electric-assisted bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied.
(d) A class 3 electric-assisted bicycle must be equipped with a speedometer that displays the speed at which the bicycle is traveling in miles per hour.
Paragraph (a) is effective January 1, 2022. Paragraphs (b) to (d) are effective August 1, 2021.
Rules of commissioner Inspection criteria.
(a) The commissioner of public safety shall provide by rule for the issuance and display of distinctive inspection certificates.
(b) The commissioner of public safety shall provide by rule a point system for evaluating the effect on safety operation of any variance from law detected during inspections conducted pursuant to subdivision 1.
(a) The commissioner of public safety must inspect school buses in accordance with the School Bus Inspection Manual as prescribed in section 169.4501, subdivision 3. Upon completion of an inspection, the commissioner must provide a printed or electronic vehicle examination report to the carrier or school district.
(b) A school bus displaying a defect as defined in the "School Bus Recommended Out-of-Service Criteria" in the most recent edition of the "National School Transportation Specification and Procedures" adopted by the National Congress on School Transportation is deemed unsafe for student transportation. A member of the State Patrol must affix a rejection sticker to the lower left corner of the windshield. A person may remove the rejection sticker only upon authorization from a member of the State Patrol who has determined that all defects have been corrected. Pending reinspection and certification of the vehicle by a member of the State Patrol, a bus bearing a rejection sticker may be used to transport students if the defects have been corrected and the vehicle examination report is signed by the owner or a designee certifying that all defects have been corrected. The signed report must be carried in the first aid kit on the bus.
(c) A school bus that has had an inspection completed in which no out-of-service defects were identified has passed the inspection and a member of the State Patrol must affix an inspection certificate to the lower left corner of the windshield. All defects identified must be repaired within 14 days of the inspection. The person completing the repairs must sign and date the inspection report indicating the repairs were made. The inspection report must be retained at the principal place of business of the carrier or school district for 12 months following the inspection and must be available for review by a representative of the commissioner of public safety.
(d) A defect discovered during an inspection that was identified by a member of the State Patrol during a previous inspection but has not been corrected results in a failed inspection. A member of the State Patrol must affix a rejection sticker to the lower left corner of the windshield.
Member of the State Patrol.
For purposes of this section, a member of the State Patrol includes an employee of the Department of Public Safety described in section 299D.06.
Displaying emblem; rules.
(a) All animal-drawn vehicles, motorized golf carts when operated on designated roadways pursuant to section 169.045, implements of husbandry, and other machinery, including all road construction machinery, which are designed for operation at a speed of 30 miles per hour or less, must display a triangular slow-moving vehicle emblem, except (1) when being used in actual construction and maintenance work and traveling within the limits of a construction area marked in accordance with the Manual on Uniform Traffic Control Devices, as set forth in section 169.06, or (2) for a towed implement of husbandry that is empty and that is not self-propelled, in which case it may be towed at lawful speeds greater than 30 miles per hour without removing the slow-moving vehicle emblem. The emblem must consist of a fluorescent or illuminated red-orange triangle with a dark red reflective border and be mounted so as to be visible from a distance of not less than 600 feet to the rear. When a primary power unit towing an implement of husbandry or other machinery displays a slow-moving vehicle emblem visible from a distance of 600 feet to the rear, it is not necessary to display a similar emblem on the secondary unit. All slow-moving vehicle emblems sold in this state must be so designed that when properly mounted they are visible from a distance of not less than 600 feet to the rear when directly in front of lawful lower beam of headlamps on a motor vehicle. The commissioner of public safety shall adopt standards and specifications for the design and position of mounting the slow-moving vehicle emblem. Such standards and specifications must be adopted by rule in accordance with the Administrative Procedure Act.
(b) An alternate slow-moving vehicle emblem consisting of a dull black triangle with a white reflective border may be used after obtaining a permit from the commissioner under rules of the commissioner. A person with a permit to use an alternate slow-moving vehicle emblem must:
(1) carry in the vehicle a regular slow-moving vehicle emblem and display the emblem when operating a vehicle between sunset and sunrise, and at any other time when visibility is impaired by weather, smoke, fog, or other conditions; and
(2) permanently affix to the rear of the slow-moving vehicle at least 72 square inches of reflective tape that reflects the color red.
(c) In addition to the emblem requirement under this subdivision, an animal-drawn vehicle must comply with section 169.58, subdivision 6.
Animal-drawn vehicles.
(a) An animal-drawn vehicle must be equipped with an identification lamp or lamps that indicate the vehicle's presence and are visible from a distance of at least 500 feet from both the front and the rear. The lighting requirement under this subdivision may be met using a lamp powered by energy generated from the vehicle's movement.
(b) This subdivision does not apply to an animal-drawn vehicle that: (1) operates exclusively between the hours of sunrise and sunset and never during periods of reduced visibility, inclement weather, or insufficient light; or (2) never operates on a public roadway.
Escort vehicles required; width.
(a) Except as provided in paragraphs (d) and (e), no escort vehicle is required if the width of an overdimensional load is 15 feet or less as measured at the bottom of the load or is 16 feet or less as measured at the top of the load.
(b) Only one rear escort vehicle is required on a multilane divided roadway if the width of an overdimensional load is more than 15 feet as measured at the bottom of the load or is more than 16 feet as measured at the top of the load.
(c) Only one lead escort vehicle and one rear escort vehicle is required on any undivided roadway if the width of an overdimensional load is more than 15 feet as measured at the bottom of the load or is more than 16 feet as measured at the top of the load.
(d) Only One lead escort vehicle, one rear escort vehicle, and one lead licensed peace officer is required when any part of an overdimensional load or a vehicle transporting an overdimensional load extends beyond the left of the centerline on an undivided roadway.
(e) The commissioner may require additional escorts when deemed necessary to protect public safety or to ensure against undue damage to the road foundations, surfaces, or structures. The commissioner must specify in the permit (1) the number of additional escorts required; and (2) whether the operators of the escort vehicles must be licensed peace officers or may be escort drivers, as defined in subdivision 1.
[169.8665] SPECIAL SOYBEAN MEAL-HAULING VEHICLE PERMIT.
Special three-unit vehicle permit.
The commissioner may issue a permit for a vehicle that transports soybean meal and meets the following requirements:
(1) is a combination of vehicles, including a truck-tractor and a semitrailer drawing one additional semitrailer, and no semitrailer used in the three-vehicle combination has an overall length in excess of 28-1/2 feet;
(2) does not exceed a maximum gross vehicle weight of 106,000 pounds; and
(3) is operated only in this state on marked U.S. Highway 75 in Crookston to marked U.S. Highway 2, and on marked U.S. Highway 2 from Crookston to the North Dakota border.
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;
(3) is operated only on the highways specified in subdivision 1, clause (3).
(a) A vehicle issued a permit under subdivision 1 or 2:
(1) is subject to the axle weight limits in section 169.824;
(2) is subject to bridge load limits posted pursuant to section 169.84;
(3) is subject to seasonal load restrictions under section 169.87;
(4) may not be operated with a load that exceeds the tire manufacturer's recommended load under section 169.823, the manufacturer's gross vehicle weight rating as affixed to the vehicle, or other certification of gross weight rating under Code of Federal Regulations, title 49, sections 567.4 to 567.7;
(5) may not be operated on the interstate highway system; and
(6) may be operated on streets or highways under the control of a local authority 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 Code of Federal Regulations, title 23, section 658.19.
(b) The seasonal weight increases authorized under section 169.829 do not apply to permits issued under this section.
Permit fee; appropriation.
Vehicle permits issued under subdivision 1 must be annual permits. The fee is $850 for each vehicle, or a proportional amount as provided in section 169.86, subdivision 5, and must be deposited in the trunk highway fund. 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.
Expiration date.
Upon request of the permit applicant, the expiration date for a permit issued under this section must be the same as the expiration date of the permitted vehicle's registration.
This section is effective January 1, 2022.
Suspension of driver's license Failure to appear.
(a) Upon receiving a report from the court, or from the driver licensing authority of a state, district, territory, or possession of the United States or a province of a foreign country which has an agreement in effect with this state pursuant to section 169.91, that a resident of this state or a person licensed as a driver in this state did not appear in court in compliance with the terms of a citation, the commissioner of public safety shall notify the driver that the driver's license will be suspended unless the commissioner receives notice within 30 days that the driver has appeared in the appropriate court or, if the offense is a petty misdemeanor for which a guilty plea was entered under section 609.491, that the person has paid any fine imposed by the court. If the commissioner does not receive notice of the appearance in the appropriate court or payment of the fine within 30 days of the date of the commissioner's notice to the driver, the commissioner may suspend the driver's license, subject to the notice requirements of section 171.18, subdivision 2. Notwithstanding the requirements in this subdivision, the commissioner is prohibited from suspending the driver's license of a person based solely on the fact that the person did not appear in court (1) in compliance with the terms of a citation for a petty misdemeanor, or (2) for a violation of section 171.24, subdivision 1.
(b) The order of suspension shall indicate the reason for the order and shall notify the driver that the driver's license shall remain remains suspended until the driver has furnished evidence, satisfactory to the commissioner, of compliance with any order entered by the court.
(c) Suspension shall be ordered under this subdivision only when the report clearly identifies the person arrested; describes the violation, specifying the section of the traffic law, ordinance or rule violated; indicates the location and date of the offense; and describes the vehicle involved and its registration number.
Two-wheeled vehicle endorsement fee.
(a) In addition to the appropriate fee under subdivision 2, the fee for any duplicate driver's license obtained for the purpose of adding a two-wheeled vehicle endorsement on a driver's license is increased by $18.50:
(1) $26.50 for each first such an initial endorsement or a duplicate license obtained for the purpose of adding the endorsement; and
$13 (2) $17 for each license renewal thereof with the endorsement.
(b) The additional fee must be paid into the state treasury and credited as follows:
(1) $11 $19 of the additional fee for each first duplicate license under paragraph (a), clause (1), and $7 $11 of the additional fee for each renewal under paragraph (a), clause (2), must be credited to the motorcycle safety fund, which is hereby created; and
(2) the remainder of the additional fee must be credited to the general fund.
(b) (c) All application forms prepared by the commissioner for two-wheeled vehicle endorsements must clearly state the amount of the total fee that is dedicated to the motorcycle safety fund.
This section is effective August 1, 2021, for driver's license application and issuance on or after that date.
Minnesota Statutes 2020, section 171.06, subdivision 3, as amended by Laws 2021, chapter 24, section 1, is amended to read:
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) include a method for the applicant 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) subdivision 3b, paragraph (e);
(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.
(d) A valid Department of Corrections or Federal Bureau of Prisons identification card, containing the applicant's full name, date of birth, and photograph issued to the applicant is an acceptable form of proof of identity in an application for an identification card, instruction permit, or driver's license as a secondary document for purposes of Minnesota Rules, part 7410.0400, and successor rules.
Remote application.
(a) The commissioner must establish a process for an eligible individual to apply remotely for a driver's license or Minnesota identification card, whether through a website or other means, as provided in this subdivision.
(b) The commissioner may issue or reinstate an expired driver's license or Minnesota identification card and may renew a driver's license or Minnesota identification card for an eligible individual who does not apply in-person if:
(1) the applicant submits documentation to demonstrate eligibility, as prescribed by the commissioner;
(2) there is not a material change to the applicant's name, date of birth, signature, and driver's license or identification number since the most recent driver's license or Minnesota identification card issuance;
(3) the application is not for a different type or class of driver's license or Minnesota identification card, as identified in sections 171.019, subdivision 2, and 171.02, subdivision 2;
(4) one of the following requirements is met:
(i) the commissioner has a previous photograph of the applicant on file that was taken within the last five years or in conjunction with the most recent issuance; or
(ii) for a noncompliant license or identification card, the applicant submits a photograph that meets the requirements of sections 171.07 and 171.071, Minnesota Rules, part 7410.1810, subpart 1, and any other technical requirements established by the commissioner, which may include but are not limited to background color, lighting and visibility standards, and electronic file size;
(5) for a driver's license, the commissioner has a record that the applicant has undergone an examination of the applicant's eyesight within the last two years, or the applicant submits a vision examination certificate that:
(i) has been completed within the last two years;
(ii) is signed by a licensed physician or an optometrist, including one who holds a similar license in a jurisdiction outside the United States; and
(iii) is in a form as prescribed by the commissioner;
(6) for an expired driver's license or Minnesota identification card:
(i) expiration was within the past five years;
(ii) expiration was due to driver's license or identification card issuance by another jurisdiction; and
(iii) the application includes surrender or invalidation of a valid driver's license or identification card issued by another jurisdiction; and
(7) the most recent issuance, reinstatement, or renewal was not performed under this subdivision.
(c) A person who applies for a driver's license or Minnesota identification card under this subdivision is not required to:
(1) take a knowledge examination;
(2) take a road examination to demonstrate ability to exercise ordinary and reasonable control in the operation of a motor vehicle; and
(3) appear in-person for an updated photograph upon return to Minnesota.
(d) For purposes of this subdivision, "eligible individual" means:
(1) a person serving outside Minnesota in active military service, as defined in section 190.05, subdivision 5, in any branch or unit of the armed forces of the United States;
(2) a person serving outside Minnesota as a volunteer in the Peace Corps;
(3) a person who is an employee of a federal department or agency who is assigned to foreign service outside of the United States; or
(4) a person residing outside of Minnesota because the person is a spouse, domestic partner, or dependent under age 26 of a person in clause (1), (2), or (3).
Variance for homebound individuals.
(a) Notwithstanding section 171.07 or Minnesota Rules, part 7410.1810, the commissioner may grant a variance from the photograph requirements for a noncompliant identification card if: (1) the individual is homebound as defined in paragraph (b); (2) the individual has submitted proof of homebound status; and (3) the department has a photograph of the applicant on file that was taken within the last four years or during the most recent renewal cycle or the applicant has submitted a photograph to the department that meets the requirements of section 171.07, Minnesota Rules, part 7410.1810, subpart 1, and other technical requirements established by the commissioner, such as background color and electronic file size, to ensure the image can be used on a credential and conforms with images taken by the department. Applicants granted a photograph variance under this subdivision are not required to appear in person to have a new photograph taken.
(b) For purposes of this subdivision, "homebound" means the individual is unable to leave the individual's residence due to a medical, physical, or mental health condition or infirmity as documented in writing by a physician, case worker, or social worker.
Data privacy; noncompliant license or identification card.
(a) With respect to noncompliant licenses or identification cards, the commissioner is prohibited from:
(1) electronically disseminating outside the state data that is not disseminated as of May 19, 2017; or
(2) utilizing any electronic validation or verification system accessible from or maintained outside the state that is not in use as of May 19, 2017.
(b) The limitations in paragraph (a) do not apply to the extent necessary to: (1) maintain compliance with the driver's license compact under section 171.50 and applicable federal law governing commercial driver's licenses; and (2) perform identity verification as part of an application for a replacement Social Security card issued by the Social Security Administration.
(c) For purposes of this subdivision, "outside the state" includes federal agencies, states other than Minnesota, organizations operating under agreement among the states, and private entities.
This section is effective February 1, 2022, or upon completion of the necessary programming changes to the driver and vehicle services information system, whichever is earlier. The commissioner of public safety must notify the revisor of statutes of the date.
Examination subjects and locations; provisions for color blindness, disabled veterans.
(a) Except as otherwise provided in this section, the commissioner shall examine each applicant for a driver's license by such agency as the commissioner directs. This examination must include:
(1) a test of the applicant's eyesight, provided that this requirement is met by submission of a vision examination certificate under section 171.06, subdivision 7;
(2) a test of the applicant's ability to read and understand highway signs regulating, warning, and directing traffic;
(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal penalties and financial consequences resulting from violations of laws prohibiting the operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil transportation safety, including the significance of school bus lights, signals, stop arm, and passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and dangers of carbon monoxide poisoning;
(4) an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle; and
(5) other physical and mental examinations as the commissioner finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways.
(b) Notwithstanding paragraph (a), no the commissioner must not deny an application for a driver's license may be denied an applicant based on the exclusive grounds that the applicant's eyesight is deficient in color perception or that the applicant has been diagnosed with diabetes mellitus. War veterans operating motor vehicles especially equipped for disabled persons, if otherwise entitled to a license, must be granted such license.
(c) The commissioner shall make provision for giving the examinations under this subdivision either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant.
(d) The commissioner shall ensure that an applicant is able to obtain an appointment for an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the applicant's request if, under the applicable statutes and rules of the commissioner, the applicant is eligible to take the examination.
Paragraph (a) is effective August 1, 2021, or upon completion of the necessary programming changes to the driver and vehicle services information system, whichever is earlier. The commissioner of public safety must notify the revisor of statutes of the date. Paragraph (b) is effective July 1, 2021.
Initial motorcycle Two-wheeled vehicle endorsement examination fee.
A person applying for an initial motorcycle two-wheeled vehicle endorsement on a driver's license shall pay at the place of examination a total fee of $21, which includes the a $2.50 examination fee and, an endorsement fee, but does not include the fee for a duplicate driver's license as prescribed in section 171.06, subdivision 2a, and the appropriate driver's license fee as prescribed in section 171.06, subdivision 2. Of this amount, $11 must be credited as provided in section 171.06, subdivision 2a, paragraph (a), clause (1), $2.50 must be credited to the driver services operating account in the special revenue fund specified under section 299A.705, and the remainder must be credited to the general fund.
Repeat Examination fee fees.
(a) A fee of $10 must be paid by an individual to take a third and any subsequent knowledge test administered by the department if the individual has failed two previous consecutive knowledge tests on the subject.
(b) A fee of $20 must be paid by an individual to take a third and any subsequent skills or road test administered by the department if the individual has previously failed two consecutive skill or road tests in a specified class of motor vehicle.
(c) A fee of $20 must be paid by an individual who fails to appear for a scheduled skills or road test or who cancels a skills or road test within 24 hours of the appointment time.
(d) All fees received under this subdivision must be paid into the state treasury and credited to the driver services operating account in the special revenue fund specified under section 299A.705.
This section is effective November 1, 2021, or upon completion of the necessary programming changes to the driver services information system, whichever is earlier. The commissioner of public safety must notify the revisor of statutes of the date.
Online driver's license knowledge testing authorization.
(a) The commissioner must implement online knowledge testing as provided in this subdivision. The commissioner must not charge a fee to a driver education program or an authorized entity for access to the online knowledge testing system or for administering the online knowledge test. The commissioner must administer the fourth or subsequent knowledge test for a person.
(b) Upon written request from a driver education program licensed by the department, the commissioner must grant access to the department's web-based knowledge testing system to the driver education program. Once granted access to the online knowledge testing system, a driver education program may administer the online knowledge test to a student of the program.
(c) An entity other than a driver education program may apply to the commissioner for authority to administer online knowledge tests. The commissioner may approve or disapprove an application for administering the online knowledge tests under this paragraph. Upon approving an application of an entity, the commissioner must grant access to the department's web-based knowledge testing system to that authorized entity. Once granted access to the online knowledge testing system, the authorized entity may administer the online knowledge test.
(d) A driver education program or authorized entity:
(1) must provide all computers and equipment for persons that take the online knowledge test;
(2) must provide appropriate proctors to monitor persons taking the online knowledge test; and
(3) may charge a fee of no more than $10 for administering the online knowledge test.
(e) For purposes of paragraph (d), clause (2), a proctor must be:
(1) an employee of the driver education program, authorized entity, or a state or local government;
(2) a driver's license agent; or
(3) a classroom teacher, school administrator, or paraprofessional at a public or private school, excluding a home school.
The proctor must be physically present at the location where the test is being administered. A proctor must not be a relative of the person taking the test. For purposes of this paragraph, a relative is a spouse, fiancee, fiance, grandparent, parent, child, sibling, or legal guardian, including adoptive, half, step, and in-law relationships.
This section is effective on the earlier of August 1, 2021, or the day following the expiration of the peacetime emergency declared in Executive Order 20-01 and extended by subsequent executive orders.
Commissioner shall suspend Suspension on conviction.
(a) The court may recommend the suspension of the driver's license of the person so convicted, and, subject to the limitations in this section, the commissioner shall suspend such license as recommended by the court, without a hearing as provided herein.
(b) The commissioner is prohibited from suspending a person's driver's license if the person was convicted only under section 171.24, subdivision 1 or 2.
Suspension for Failure to pay fine.
When any court reports to The commissioner is prohibited from suspending a person's driver's license based solely on the fact that a person: (1) has been convicted of violating a law of this state or an ordinance of a political subdivision which regulates the operation or parking of motor vehicles, (2) has been sentenced to the payment of a fine or had a surcharge levied against that person, or sentenced to a fine upon which a surcharge was levied, and (3) has refused or failed to comply with that sentence or to pay the surcharge, notwithstanding the fact that the court has determined that the person has the ability to pay the fine or surcharge, the commissioner shall suspend the driver's license of such person for 30 days for a refusal or failure to pay or until notified by the court that the fine or surcharge, or both if a fine and surcharge were not paid, has been paid.
Suspension under reciprocal agreement.
(a) For purposes of this subdivision:
(1) "issuing jurisdiction" means a state, district, territory, or possession of the United States or a province of a foreign country which has an agreement in effect with this state pursuant to the nonresident violator compact; and
(2) "traffic violation" means a violation of a traffic regulation relating to the operation of a motor vehicle and excludes a parking, vehicle equipment, or vehicle weight limit violation.
(b) Notwithstanding subdivisions 3 and 3a, the commissioner may suspend the driver's license of a person licensed in this state upon receiving a report from an issuing jurisdiction that the person:
(1) did not appear in court in compliance with the terms of a citation for a traffic violation that, if committed in this state, is a petty misdemeanor or a violation under section 171.24, subdivision 1; or
(2) is convicted of a traffic violation, is subject to a fine or surcharge, and has failed to pay the fine or surcharge.
(c) A suspension is authorized under this subdivision only as necessary to conform with the requirements of the nonresident violator compact.
(d) A suspension under this subdivision is subject to the notice requirements under section 171.18, subdivision 2.
Offenses.
(a) Subject to section 171.16, the commissioner may suspend the license of a driver without preliminary hearing upon a showing by department records or other sufficient evidence that the licensee:
(1) has committed an offense for which mandatory revocation of license is required upon conviction;
(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and department records show that the violation contributed in causing an accident resulting in the death or personal injury of another, or serious property damage;
(3) is an habitually reckless or negligent driver of a motor vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the license;
(7) has committed an offense in another state that, if committed in this state, would be grounds for suspension;
(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within five years of a prior conviction under that section;
(9) has committed a violation of section 171.22, except that the commissioner may not suspend a person's driver's license based solely on the fact that the person possessed a fictitious or fraudulently altered Minnesota identification card;
(10) has failed to appear in court as provided in section 169.92, subdivision 4;
(11) has failed to report a medical condition that, if reported, would have resulted in cancellation of driving privileges;
(12) has been found to have committed an offense under section 169A.33; or
(13) has paid or attempted to pay a fee required under this chapter for a license or permit by means of a dishonored check issued to the state or a driver's license agent, which must be continued until the registrar determines or is informed by the agent that the dishonored check has been paid in full.
However, an action taken by the commissioner under clause (2) or (5) must conform to the recommendation of the court when made in connection with the prosecution of the licensee.
(b) The commissioner may not suspend is prohibited from suspending the driver's license of an individual under paragraph (a) who was convicted of who meets any of the conditions described in paragraph (a) due to a conviction for a violation of section 171.24, subdivision 1, whose license was under suspension at the time solely because of the individual's failure to appear in court or failure to pay a fine or 2.
Reinstatement fee.
(a) Before the license is reinstated, a single $20 reinstatement fee is imposed for:
(1) an individual whose driver's license has been suspended under section 171.16, subdivisions subdivision 2 and 3; 171.175; 171.18; or 171.182, or who has been disqualified from holding a commercial driver's license under section 171.165, and;
(2) an individual whose driver's license has been suspended under section 171.186 and who is not exempt from such a fee, must pay a fee of $20.; and
(b) Before the license is reinstated, (3) an individual whose license has been suspended under sections 169.791 to 169.798 must pay a $20 reinstatement fee.
(b) An individual whose driver's license is subject to more than one suspension and who is otherwise eligible for reinstatement must pay a single reinstatement fee and a single filing fee. An individual whose driver's license has been suspended and revoked and who is otherwise eligible for reinstatement must pay a reinstatement fee as provided in section 171.29.
(c) When fees are collected by a licensing driver's license agent appointed under section 171.061, a handling charge filing fee is imposed in the amount specified under section 171.061, subdivision 4. The reinstatement fee and surcharge filing fee must be deposited in an approved state depository as directed under section 171.061, subdivision 4.
(d) Reinstatement fees collected under paragraph (a) for suspensions under sections 171.16, subdivision 3, and section 171.18, subdivision 1, clause (10), must be deposited in the general fund.
(e) A suspension may be rescinded without fee for good cause.
This section is effective the earlier of March 1, 2022, or upon completion of the necessary programming changes to the driver services information system. The commissioner of public safety must notify the revisor of statutes of the date.
171.27 EXPIRATION OF LICENSE EXPIRATION AND RENEWAL; MILITARY EXCEPTION EXCEPTIONS.
Expiration.
(a) Except as otherwise provided in this section, the expiration date for each driver's license is the birthday of the driver in the fourth year following the date of issuance of the license. The birthday of the driver shall be as indicated on the application for a driver's license. A license may be renewed on or before expiration or within one year after expiration upon application, payment of the required fee, and passing the examination required of all drivers for renewal. Driving privileges shall be extended or renewed on or preceding the expiration date of an existing driver's license unless the commissioner believes that the licensee is no longer qualified as a driver.
(b) The expiration date for each under-21 license shall be the 21st birthday of the licensee. Upon the licensee attaining the age of 21 and upon the application, payment of the required fee, and passing the examination required of all drivers for renewal, a driver's license shall be issued unless the commissioner determines that the licensee is no longer qualified as a driver.
(c) The expiration date for each provisional license is two years after the date of application for the provisional license.
(d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued to a person with temporary lawful status is the last day of the person's legal stay in the United States, or one year after issuance if the last day of the person's legal stay is not identified.
Extension of expiration.
(e) Any valid Minnesota driver's license issued to (a) For purposes of this subdivision, "eligible individual" means:
(1) a person then or subsequently serving outside Minnesota in active military service, as defined in section 190.05, subdivision 5, in any branch or unit of the armed forces of the United States,;
(2) a person then or subsequently serving outside Minnesota as a volunteer in the Peace Corps;
(3) a person who is an employee of a federal department or agency and is assigned to foreign service outside of the United States; or
the person's (4) a person residing outside of Minnesota because the person is a spouse, shall continue domestic partner, or dependent under age 26 of a person in clause (1), (2), or (3).
(b) A valid Minnesota driver's license issued to an eligible individual continues in full force and effect without requirement for renewal until the date one year following the service member's person's separation or discharge from active military or volunteer service, or following the conclusion of assignment to foreign service outside the United States, and until the license holder's birthday in the fourth full year following the person's most recent license renewal or, in the case of a provisional license, until the person's birthday in the third full year following the renewal.
Reinstatement fees and surcharges allocated and appropriated.
(a) An individual whose driver's license has been revoked as provided in subdivision 1, except under section 169A.52, 169A.54, 171.177, 609.2112, 609.2113, or 609.2114, or Minnesota Statutes 2012, section 609.21, by reason of one or more convictions, pleas of guilty, forfeitures of bail not vacated, or mandatory revocations under section 169.791, 169.792, 169.797, 171.17, or 171.172, and who is otherwise eligible for reinstatement must pay a single $30 fee before the driver's license is reinstated. An individual whose driver's license has been revoked under provisions specified in both this paragraph and paragraph (b) must pay the reinstatement fee as provided in paragraph (b).
(b) A person whose driver's license has been revoked as provided in subdivision 1 under section 169A.52, 169A.54, 171.177, 609.2112, 609.2113, or 609.2114, or Minnesota Statutes 2012, section 609.21, must pay a $250 fee plus a $430 surcharge for each instance of revocation before the driver's license is reinstated, except as provided in paragraph (f). The $250 fee is to must be credited as follows:
(1) twenty 20 percent must be credited to the driver services operating account in the special revenue fund as specified in section 299A.705.;
(2) sixty-seven 67 percent must be credited to the general fund.;
(3) eight percent must be credited to a separate account to be known as the Bureau of Criminal Apprehension account. Money in this account is annually appropriated to the commissioner of public safety and the appropriated amount must be apportioned 80 percent for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.; and
(4) five percent must be credited to a separate account to be known as the vehicle forfeiture account, which is created in the special revenue fund. The money in the account is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
(c) The revenue from $50 of the surcharge must be credited to a separate account to be known as the traumatic brain injury and spinal cord injury account. The revenue from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the first installment payment to the traumatic brain injury and spinal cord injury account. The money in the account is annually appropriated to the commissioner of health to be used as follows: 83 percent for contracts with a qualified community-based organization to provide information, resources, and support to assist persons with traumatic brain injury and their families to access services, and 17 percent to maintain the traumatic brain injury and spinal cord injury registry created in section 144.662. For the purposes of this paragraph, a "qualified community-based organization" is a private, not-for-profit organization of consumers of traumatic brain injury services and their family members. The organization must be registered with the United States Internal Revenue Service under section 501(c)(3) as a tax-exempt organization and must have as its purposes:
(1) the promotion of public, family, survivor, and professional awareness of the incidence and consequences of traumatic brain injury;
(2) the provision of a network of support for persons with traumatic brain injury, their families, and friends;
(3) the development and support of programs and services to prevent traumatic brain injury;
(4) the establishment of education programs for persons with traumatic brain injury; and
(5) the empowerment of persons with traumatic brain injury through participation in its governance.
A patient's name, identifying information, or identifiable medical data must not be disclosed to the organization without the informed voluntary written consent of the patient or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
(d) The remainder of the surcharge must be credited to a separate account to be known as the remote electronic alcohol-monitoring program account. The commissioner shall transfer the balance of this account to the commissioner of management and budget on a monthly basis for deposit in the general fund.
(e) When these fees are collected by a licensing driver's license agent, appointed under section 171.061, a handling charge filing fee is imposed in the amount specified under section 171.061, subdivision 4. The reinstatement fees and, surcharge, and filing fee must be deposited in an approved depository as directed under section 171.061, subdivision 4.
(f) A person whose driver's license has been revoked as provided in subdivision 1 under section 169A.52, 169A.54, or 171.177 and who the court certifies as being financially eligible for a public defender under section 611.17, may choose to pay 50 percent and an additional $25 of the total amount of the surcharge and 50 percent of the fee required under paragraph (b) to reinstate the person's driver's license, provided the person meets all other requirements of reinstatement. If a person chooses to pay 50 percent of the total and an additional $25, the driver's license must expire after two years. The person must pay an additional 50 percent less $25 of the total to extend the license for an additional two years, provided the person is otherwise still eligible for the license. After this final payment of the surcharge and fee, the license may be renewed on a standard schedule, as provided under section 171.27. A handling charge filing fee may be imposed for each installment payment. Revenue from the handling charge filing fee is credited to the driver services operating account in the special revenue fund and is appropriated to the commissioner.
(g) Any person making installment payments under paragraph (f), whose driver's license subsequently expires, or is canceled, revoked, or suspended before payment of 100 percent of the surcharge and fee, must pay the outstanding balance due for the initial reinstatement before the driver's license is subsequently reinstated. Upon payment of the outstanding balance due for the initial reinstatement, the person may pay any new surcharge and fee imposed under paragraph (b) in installment payments as provided under paragraph (f).
This section is effective the earlier of March 1, 2022, or upon completion of the necessary programming changes to the driver services information system, except paragraph (f) is effective August 1, 2021. The commissioner of public safety must notify the revisor of statutes of the date.
[171.325] DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS; REPORTS.
Issuance, suspensions, and revocations.
(a) Annually by February 15, the commissioner of public safety must report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety and transportation on the status of drivers' licenses issued, suspended, and revoked. The commissioner must make the report available on the department's website.
(b) At a minimum, the report must include:
(1) the total number of drivers' licenses issued, suspended, and revoked as of January 1 of the year the report is submitted, broken down by county;
(2) for each of the previous eight calendar years, the total number of drivers' licenses suspended and the number of suspended licenses reinstated; and
(3) for each of the previous eight calendar years, the total number of drivers' licenses revoked and the number of revoked licenses reinstated.
(c) For purposes of paragraph (b), clauses (1), (2), and (3), the report must identify each type of suspension or revocation authorized by statute or rule and include the number of licenses suspended or revoked for each type.
Charges, convictions, and fines.
(a) Annually by February 15, the state court administrator must report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety and transportation on (1) charges and convictions for driving after suspension or revocation, and (2) payment of fines for violations related to operation of a motor vehicle. The administrator must make the report available on the state court's website.
(1) for each of the previous eight calendar years, the number of charges under section 171.24, subdivisions 1 and 2, broken down by the charges for each subdivision and indicating whether the court appointed the public defender to represent the defendant;
(2) for each of the previous eight calendar years, the number of convictions under section 171.24, subdivisions 1 and 2, broken down by the convictions for each subdivision and indicating whether the court appointed the public defender to represent the defendant; and
(3) for the past calendar year, for all charges on violations related to the operation of a motor vehicle and included on the uniform fine schedule authorized under section 609.101, subdivision 4, the percentage of fines, broken down by whether the court appointed the public defender to represent the defendant, that:
(i) were paid in full by the due date on the citation;
(ii) were paid in full through a payment plan;
(iii) accrued late charges;
(iv) were sent to court collections; and
(v) were sent to the Department of Revenue for collection.
Statewide freight and passenger rail plan.
(a) The commissioner shall must develop a comprehensive statewide freight and passenger rail plan to be included and revised as a part within two years of each update to the statewide multimodal transportation plan that prioritizes future passenger rail capital improvement projects based on a scoring system. The plan must identify the criteria, weight of each criterion, and process used to score each project based on the weighted criteria. The plan must list the candidate projects evaluated, the score assigned, and any other reasons for prioritizing a project other than the score. The commissioner must publish the plan on the department's website.
(b) Before the initial version of the plan is adopted, the commissioner shall provide a copy for review and comment to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over transportation policy and finance. Notwithstanding paragraph (a), the commissioner may adopt the next revision of the statewide transportation plan, scheduled to be completed in calendar year 2009, prior to completion of the initial version of the comprehensive statewide freight and passenger rail plan. The commissioner shall spend all funds for passenger rail on projects listed in the plan in order of priority unless the appropriation authorizing the funding explicitly designates the funding for a specific project.
Minnesota Statutes 2020, section 174.03, subdivision 1c, is amended to read:
Subd. 1c.
Statewide Minnesota state highway investment plan.
Within one year of each revision of the statewide multimodal transportation plan under subdivision 1a, the commissioner must prepare a 20-year statewide Minnesota state highway investment plan that:
(1) incorporates performance measures and targets for assessing progress and achievement of the state's transportation goals, objectives, and policies identified in this chapter for the state trunk highway system, and those goals, objectives, and policies established in the statewide multimodal transportation plan. Performance targets must be based on objectively verifiable measures, and address, at a minimum,:
(i) preservation and maintenance of the structural condition of state highway roadways, bridges and, pavements, roadside infrastructure, and traveler-related facilities;
(ii) safety,; and
(iii) mobility;
(2) summarizes trends and impacts for each performance target over the past five years;
(3) summarizes the amount and analyzes the impact of the department's capital investments and priorities over the past five years on each performance target, including a comparison of prior plan projected costs with actual costs;
(4) identifies the investments required to meet the established performance targets over the next 20-year period;
(5) projects available state and federal funding over the 20-year period, including any unique, competitive, time-limited, or focused funding opportunities;
(6) identifies strategies to ensure the most efficient use of existing transportation infrastructure, and to maximize the performance benefits of projected available funding;
(7) establishes investment priorities for projected funding, including which must:
(i) provide for cost-effective preservation, maintenance, and repair to address the goal under section 174.01, subdivision 2, clause (9), in a manner that aligns with other goals in that section;
(ii) as appropriate, provide a schedule of major projects or improvement programs for the 20-year period together with; and
(iii) identify resulting projected costs and impact on performance targets; and
(8) identifies those performance targets identified under clause (1) not expected to meet the target outcome over the 20-year period together with alternative strategies that could be implemented to meet the targets.
This section is effective the day following final enactment and applies starting with the next update to the plan under this section.
Salaries and expenses.
Salaries and expenses of the department relating to highway purposes shall be paid from moneys available in the trunk highway fund, except as provided in section 161.20, subdivision 3. The funds provided in sections 360.011 to 360.076 and 360.305 to 360.91 shall be expended by the commissioner of transportation in accordance with the purposes prescribed by those sections. Funds appropriated pursuant to the authority conferred by any constitutional article shall be expended in conformity with the purposes and uses authorized thereby.
Asset management Trunk highway performance, resiliency, and sustainability.
(a) The commissioner must maintain implement performance measures and annual targets for the trunk highway system in order to construct resilient infrastructure, enhance the project selection for all transportation modes, improve economic security, and achieve the state transportation goals established in section 174.01.
(b) At a minimum, the transportation planning process must include:
(1) an inventory of transportation assets, including but not limited to bridge, pavement, geotechnical, pedestrian, bicycle, and transit asset categories;
(2) lag (resulting), and where practicable lead (predictive), performance measures and annual targets that are:
(i) statewide and district-specific;
(ii) for assets in each asset category specified in clause (1) for a period of up to 60 years; and
(iii) identified in collaboration with the public;
(3) gap identification and an explanation of the difference between performance targets and current status; and
(4) life cycle assessment and corridor risk assessment as part of asset management programs in each district of the department.
(c) At a minimum, the ten-year capital highway investment plan in each district of the department must:
(1) be based on expected funding during the plan period;
(2) identify investments within each of the asset categories specified in paragraph (b), clause (1);
(3) recommend specific trunk highway segments to be removed from the trunk highway system; and
(4) deliver annual progress toward achieving the state transportation goals established in section 174.01.
(d) Annually by December 15, the commissioner must report trunk highway performance measures and annual targets and identify gaps, including information detailing the department's progress on achieving the state transportation goals, to the chairs and ranking minority members of the legislative committees having jurisdiction over transportation policy and finance. The report must be signed by the department's chief engineer.
This section is effective July 1, 2021. The initial performance implementation report under this section is due December 15, 2022.
[174.13] TRANSPORTATION PROGRAMMING AND INVESTMENT COMMITTEE.
Establishment; duties.
(a) The Transportation Programming and Investment Committee is established in the Department of Transportation. The committee must provide policy direction for the department's capital investments on the transportation system and must make programmatic capital investment decisions and recommendations to the commissioner of transportation. At a minimum, the committee must:
(1) make, approve, or confirm major policy and spending decisions related to construction on trunk highways;
(2) select projects pursuant to state law and department policies;
(3) make decisions on trunk highway programming;
(4) distribute uncommitted funds;
(5) direct state road construction funds to specific projects, programs, and studies; and
(6) create and maintain the investment opportunity plan and select projects from that list for funding as funds allow.
(b) In making programming decisions, the Transportation Programming and Investment Committee must follow state and federal law. The committee and the commissioner must not override or contradict state or federal law.
Members.
(a) The commissioner of transportation must establish membership of the Transportation Programming and Investment Committee and designate a chair of the committee.
(b) The commissioner must publish a committee roster on the Department of Transportation's website that identifies (1) the positions in the department for which membership on the committee is designated, and (2) the position for which chair of the committee is designated.
(c) Any decision or recommendation of the committee must be made by a vote of at least two-thirds of the voting members.
(a) The Transportation Programming and Investment Committee must meet at least once each calendar month.
(b) The chair must designate a person to take minutes for each meeting. At a minimum, the minutes must include the following information:
(1) the members and anyone else present for the meeting;
(2) the issues considered by the committee;
(3) a summary of the discussion for each issue; and
(4) the number of yes and no votes for each vote taken.
The minutes must be posted on the Department of Transportation's website within seven business days after the meeting. The minutes must remain available on the department's website for two calendar years after the minutes were posted.
Commissioner response.
If the commissioner of transportation does not follow a decision or recommendation made by the Transportation Programming and Investment Committee, the commissioner must notify the committee in writing that the commissioner did not follow the decision or recommendation and explain the reasons for the decision. The commissioner must post the notification on the Department of Transportation's website within seven business days of submitting it to the committee. The notification must remain available on the department's website for two calendar years after the notification was posted.
Investment opportunity plan.
The Transportation Programming and Investment Committee must establish and maintain an investment opportunity plan that includes projects with an identified need but are not funded by or cannot be funded by the standard programming process. The plan must set forth a process to be used when determining how to allocate funding. The commissioner of transportation must publish the plan on the Department of Transportation's website. The committee must publish on the department's website a list of all projects that the committee considers for funding. The list must identify the projects that were selected and the projects that were not selected. For each project that was not selected, the commissioner must include the reason it was not selected.
The commissioner shall report annually to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over transportation finance beginning on January 1, 2012, the results of the analyses required in subdivision 2.
[174.20] PAVEMENT SELECTION GUIDELINES.
(a) The commissioner must develop, implement, and adhere to a pavement investment guide.
(b) The commissioner must review and approve all pavement selections made by district offices for construction, reconstruction, rehabilitation, or preservation projects to ensure that the pavement selection is consistent with the pavement investment guide. Nothing in this section allows the commissioner to alter projects selected by district offices, except for the type of pavement to be used.
Transit service for disabled veterans.
On and after July 1, 2009, An eligible recipient of operating assistance under this section, who contracts or has contracted to provide fixed route public transit, shall provide fixed route public transit service free of charge for veterans, as defined in section 197.447, certified as disabled. For purposes of this section, "certified as disabled" means certified in writing by the United States Department of Veterans Affairs or the state commissioner of veterans affairs as having a permanent service-connected disability.
By January 15 of each year, beginning in 2012, the council shall report its findings, recommendations, and activities to the governor's office and to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation, health, and human services, and to the legislature as provided under section 3.195.
Program administration.
(a) The commissioner shall must establish general program requirements and a competitive process for financial assistance, including but not limited to eligibility requirements for grant recipients and projects; procedures for solicitation of grants; application requirements; procedures for payment of financial assistance awards; and a schedule for application, evaluation, and award of financial assistance. The commissioner must publish the program requirements and the competitive process on the department's website.
(b) An application must include:
(1) a detailed and specific description of the project;
(2) an estimate, along with necessary supporting evidence, of the total costs for the project and the allocation of identified and proposed funding sources for the project;
(3) an assessment of the need for and benefits of the project;
(4) a resolution adopted by the governing body of the school for which a safe routes to school grant is requested, certifying that: (i) the governing body of the school supports the project; and (ii) funds, if any, required to be supplied by the school to complete the project are available and committed;
(5) a timeline indicating the major milestones of the project and their anticipated completion dates; and
(6) any additional information or material the commissioner prescribes.
(c) The commissioner shall make reasonable efforts to:
(1) publicize each solicitation for applications among all eligible recipients, and;
(2) provide technical and informational assistance in creating and submitting applications; and
(3) publish on the department's website a list of all projects that were considered for funding. The list must identify the projects that were selected and the projects that were not selected. For each project that was not selected, the commissioner must include the reason it was not selected. This clause does not apply when there is no funding from any source for the program in a fiscal year.
(d) By January 1, 2013, The commissioner of transportation shall publish and maintain a manual on the safe routes to school program that assists applicants for and recipients of financial assistance. The commissioner must publish the manual on the department's website. The manual must include a list of eligibility and general program requirements, an explanation of the application process, and a review of the criteria used to evaluate projects.
Minnesota Statutes 2020, section 174.50, subdivision 6d, is amended to read:
Major local bridges.
For an appropriation made specifically for purposes of this subdivision, (a) The commissioner may make grants pursuant to this subdivision only if an enacted appropriation specifically references this specific subdivision. The commissioner must not make grants pursuant to this subdivision if an enacted appropriation references this section generally.
(b) When authorized as provided in paragraph (a), the commissioner may make a grant under this section to any political subdivision for replacement or rehabilitation of a major local bridge in which the grant award is with a total bridge cost estimate of $7,000,000 or more. If in any year money appropriated for local bridge replacement and rehabilitation projects under this subdivision remains available after all identified and eligible projects under this subdivision have been funded, the commissioner may use remaining funds to make grants under this section for replacement or rehabilitation projects with a total bridge cost estimate of less than $7,000,000.
This section is effective July 1, 2021, and applies to grants made on or after that date.
Bridge grant program; rulemaking.
(a) The commissioner of transportation shall develop rules, procedures for application for grants, conditions of grant administration, standards, and criteria as provided under subdivision 6, including bridge specifications, in cooperation with road authorities of political subdivisions, for use in the administration of funds appropriated to the commissioner and for the administration of grants to subdivisions. The commissioner must publish all rules, procedures, conditions, standards, and criteria on the department's website. Grants under this section are subject to the procedures and criteria established in this subdivision and in subdivisions 5 and 6.
(b) The maximum use of standardized bridges is encouraged. Regardless of the size of the existing bridge, a bridge or replacement bridge is eligible for assistance from the state transportation fund if a hydrological survey indicates that the bridge or replacement bridge must be ten feet or more in length.
(c) As part of the standards or rules, the commissioner shall, in consultation with local road authorities, establish a minimum distance between any two bridges that cross over the same river, stream, or waterway, so that only one of the bridges is eligible for a grant under this section. As appropriate, the commissioner may establish exceptions from the minimum distance requirement or procedures for obtaining a variance.
(d) Political subdivisions may use grants made under this section to construct or reconstruct bridges, including but not limited to:
(1) matching federal aid grants to construct or reconstruct key bridges;
(2) paying the costs to abandon an existing bridge that is deficient and in need of replacement but where no replacement will be made; and
(3) paying the costs to construct a road or street to facilitate the abandonment of an existing bridge if the commissioner determines that the bridge is deficient, and that construction of the road or street is more economical than replacement of the existing bridge.
(e) Funds appropriated to the commissioner from the Minnesota state transportation fund shall be segregated from the highway tax user distribution fund and other funds created by article XIV of the Minnesota Constitution.
(f) Except as provided in subdivision 6d, the commissioner is prohibited from awarding a grant under this section for a local bridge replacement or rehabilitation project with a total project cost estimate of $7,000,000 or more. The commissioner must maintain a local bridge project list that includes every local bridge replacement or rehabilitation project which has approved plans. The list must include the total bridge cost estimate for each project. The commissioner must update this list annually. The commissioner must publish the list on the department's website.
(g) Notwithstanding paragraph (f), the commissioner may award a grant under this section for a portion of a local bridge replacement or rehabilitation project with a total project cost estimate of $7,000,000 or more if every other local bridge replacement or rehabilitation project on the commissioner's priority list with a total project cost estimate of less than $7,000,000 has been fully funded. The commissioner is prohibited from awarding a grant of $7,000,000 or more under this section for a local bridge replacement or rehabilitation project, except:
(1) for major local bridges as provided in subdivision 6d; or
(2) if every other local bridge replacement or rehabilitation project with a total bridge cost estimate of $7,000,000 or less on the local bridge project list required by paragraph (f) has been fully funded.
(h) The commissioner must publish on the department's website a list of all projects that were considered for funding. The list must identify the projects that were selected and the projects that were not selected. For each project that was not selected, the commissioner must include the reason it was not selected. This paragraph does not apply when there is no funding from any source for the program in a fiscal year.
Total bridge cost estimate; definition.
For purposes of this section, a "total bridge cost estimate" includes the costs for the work directly relating only to the bridge itself.
Grant procedures and criteria.
(a) The commissioner shall establish procedures for statutory or home rule charter cities, towns, and counties to apply for grants or loans from the fund and criteria to be used to select projects for funding. The commissioner must publish the procedures on the department's website. The commissioner shall establish these procedures and criteria in consultation with representatives appointed by the Association of Minnesota Counties, League of Minnesota Cities, Minnesota Association of Townships, and the appropriate state agency as needed. The criteria for determining project priority and the amount of a grant or loan must be based upon consideration of:
(1) the availability of other state, federal, and local funds;
(2) the regional significance of the route;
(3) effectiveness of the proposed project in eliminating a transportation system deficiency;
(4) the number of persons who will be positively impacted by the project;
(5) the project's contribution to other local, regional, or state economic development or redevelopment efforts including livestock and other agricultural operations permitted after the effective date of this section; and
(6) ability of the local unit of government to adequately provide for the safe operation and maintenance of the facility upon project completion.
(b) The commissioner must publish on the department's website a list of all projects that were considered for funding. The list must identify the projects that were selected and the projects that were not selected. For each project that was not selected, the commissioner must include the reason it was not selected. This paragraph does not apply when there is no funding from any source for the program in a fiscal year.
Report required.
(a) The commissioner of transportation shall submit a report by December 15 of each year on (1) the status of major highway projects completed during the previous two years or under construction or planned during the year of the report and for the ensuing 15 years, (2) trunk highway fund expenditures, and (3) beginning with the report due in 2016, efficiencies achieved during the previous two fiscal years.
(b) For purposes of this section, a "major highway project" is a highway project that has a total cost for all segments that the commissioner estimates at the time of the report to be at least (1) $15,000,000 in the metropolitan highway construction district, or (2) $5,000,000 in any nonmetropolitan highway construction district.
Sec. 100.
[174.58] STATE ROAD CONSTRUCTION PRIOR APPROPRIATIONS.
(a) For purposes of this section, "biennium" has the meaning given in section 16A.011, subdivision 6.
(b) An appropriation to the commissioner of transportation for the state road construction budget activity in any prior fiscal year is available to the commissioner in the current fiscal year only to the extent that the commissioner spends the money on the state road construction project for which the money was first encumbered during the biennium in which it was originally appropriated.
Positions Program established; inspector powers and duties.
(a) The commissioner of transportation shall must establish three a state rail safety inspector positions in the Office of Freight and Commercial Vehicle Operations of the Minnesota Department of Transportation. On or after July 1, 2015, the commissioner may establish a fourth state rail safety inspector position following consultation with railroad companies inspection program that may include state rail safety inspectors and supervision as determined by the commissioner. The commissioner shall apply to and enter into agreements with the Federal Railroad Administration (FRA) of the United States Department of Transportation to participate in the federal State Rail Safety Participation Program for training and certification of an inspector to train and certify inspectors under authority of United States Code, title 49, sections 20103, 20105, 20106, and 20113, and Code of Federal Regulations, title 49, part 212.
(b) A state rail safety inspector shall may:
(1) inspect mainline track, secondary track, and yard and industry track;
(2) inspect railroad right-of-way, including adjacent or intersecting drainage, culverts, bridges, overhead structures, and traffic and other public crossings;
(3) inspect yards and physical plants;
(4) inspect train equipment;
(5) inspect railroad operations;
(6) inspect railroad-highway grade crossings;
(7) inspect railroad signal and train control systems;
(8) review and enforce safety requirements;
(9) review maintenance and repair records; and
(10) review railroad security measures.
(c) A state rail safety inspector may perform, but is not limited to, the duties described in the federal State Rail Safety Participation Program. An inspector may train, be certified, and participate in any of the federal State Rail Safety Participation Program disciplines, including: track, signal and train control, motive power and equipment, operating practices compliance, hazardous materials, and highway-rail grade crossings.
(d) To the extent delegated by the Federal Railroad Administration and authorized by the commissioner, an inspector may issue citations for violations of this chapter, or to ensure railroad employee and public safety and welfare.
Railroad company assessment; account; appropriation.
(a) As provided in this subdivision, the commissioner shall annually assess railroad companies that are (1) defined as common carriers under section 218.011; (2) classified by federal law or regulation as Class I Railroads, Class I Rail Carriers, Class II Railroads, or Class II Carriers; and (3) operating in this state.
(b) The assessment must be by a division of calculated to allocate state rail safety inspector inspection program costs in equal proportion between proportionally among carriers based on route miles operated in Minnesota, assessed in equal amounts for 365 days of the calendar year at the time of assessment. The commissioner shall assess must include in the assessment calculation all start-up or re-establishment costs, all related costs of initiating the state rail safety inspector inspection program costs to support up to four rail safety inspector positions, including but not limited to salary, administration, supervision, travel, equipment, training, and ongoing state rail inspector duties.
(c) The assessments collected under this subdivision must be deposited in a special account in the special revenue fund, to be known as the state rail safety inspection account, which is established in the special revenue fund. The account consists of funds provided by this subdivision and any other money donated, allotted, transferred, or otherwise provided to the account. Money in the account is appropriated to the commissioner for the establishment and ongoing responsibilities of to administer the state rail safety inspector inspection program.
Minnesota Statutes 2020, section 296A.083, subdivision 2, is amended to read:
Debt service forecast.
On June 30, 2008, and each March 1 thereafter April 1 each year, the commissioner of management and budget shall report to the commissioner of revenue on trunk highway debt service. The report must include the annual amount of revenue from the surcharge previously deposited in the trunk highway fund, and a forecast of the total and annual amounts necessary to pay the remaining debt service.
Allocation of funds.
(a) Subject to funding appropriated for this subdivision, the commissioner shall provide funds for training and response preparedness related to (1) derailments, discharge incidents, or spills involving trains carrying oil or other hazardous substances, and (2) pipeline discharge incidents or spills involving oil or other hazardous substances.
(b) The commissioner shall allocate available funds as follows:
(1) $100,000 annually for emergency response teams; and
(2) the remaining amount to the Board of Firefighter Training and Education under section 299N.02 and the Division of Homeland Security and Emergency Management.
(c) Prior to making allocations under paragraph (b), the commissioner shall consult with the Fire Service Advisory Committee under section 299F.012, subdivision 2.
(d) The commissioner and the entities identified in paragraph (b), clause (2), shall prioritize uses of funds based on:
(1) firefighter training needs;
(2) community risk from discharge incidents or spills;
(3) geographic balance; and
(4) risks to the general public; and
(5) recommendations of the Fire Service Advisory Committee.
(e) The following are permissible uses of funds provided under this subdivision:
(1) training costs, which may include, but are not limited to, training curriculum, trainers, trainee overtime salary, other personnel overtime salary, and tuition;
(2) costs of gear and equipment related to hazardous materials readiness, response, and management, which may include, but are not limited to, original purchase, maintenance, and replacement;
(3) supplies related to the uses under clauses (1) and (2); and
(4) emergency preparedness planning and coordination.
(f) Notwithstanding paragraph (b), clause (2), from funds in the railroad and pipeline safety account provided for the purposes under this subdivision, the commissioner may retain a balance in the account for budgeting in subsequent fiscal years.
Minnesota Statutes 2020, section 299D.03, subdivision 2a, is amended to read:
Salary and benefits survey.
(a) By January 1 of 2021, 2023, 2027 2024, 2027, and 2031 2030, the legislative auditor must conduct a compensation and benefit survey of law enforcement officers in every police department:
(1) in a city with a population in excess of 25,000, located in a metropolitan county, as defined in section 473.121, subdivision 4, that is represented by a union certified by the Bureau of Mediation Services; or
(2) in a city of the first class.
The State Patrol must also be included in the survey.
(b) The legislative auditor must base the survey on compensation and benefits for the past completed calendar year. The survey must be based on full-time equivalent employees. The legislative auditor must calculate compensation using base salary, overtime wages, and premium pay. Premium pay is payment that is received by a majority of employees and includes but is not limited to education pay and longevity pay. The legislative auditor must not include any payments made to officers or troopers for work performed for an entity other than the agency that employs the officer or trooper, regardless of who makes the payment. The legislative auditor must also include in the survey all benefits, including insurance, retirement, and pension benefits. The legislative auditor must include contributions from both the employee and employer when determining benefits.
(c) The legislative auditor must compile the survey results into a report. The report must show each department separately. For each department, the survey must include:
(1) an explanation of the salary structure, and include minimum and maximum salaries for each range or step; and
(2) an explanation of benefits offered, including the options that are offered and the employee and employer contribution for each option.
Wherever possible, the report must be designed so that the data for each department is in the same table or grid format to facilitate easy comparison.
(d) By January 15 of 2021, 2023, 2027, and 2031 2024, 2027, and 2030, the legislative auditor must transmit the survey report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over the State Patrol budget.
(e) It is the legislature's intent to use the information in this study to compare salaries between the identified police departments and the State Patrol and to make appropriate increases to patrol trooper salaries. For purposes of this paragraph, "patrol troopers" has the meaning given in subdivision 2, paragraph (a).
Minnesota Statutes 2020, section 325E.15, is amended to read:
325E.15 TRANSFER OF MOTOR VEHICLE; MILEAGE DISCLOSURE.
No person shall transfer a motor vehicle without disclosing in writing to the transferee the true mileage registered on the odometer reading or that the actual mileage is unknown if the odometer reading is known by the transferor to be different from the true mileage. The regulations contained in Code of Federal Regulations, title 49, sections 580.1 to 580.17, as amended through October 1, 1998, implementing title IV of the Federal Motor Vehicle Information and Cost Savings Act that implement odometer disclosure requirements and prescribe the manner in which electronic or written disclosure must be made in this state and are adopted by reference. No transferor shall violate any regulations adopted under this section or knowingly give a false statement to a transferee in making any disclosure required by the regulations.
[345.16] STATE; UNCLAIMED PROPERTY; DISPOSITION; DUTY OF STATE PATROL.
State Patrol seizure.
A State Patrol trooper may seize and retain any personal property abandoned upon any public highway right-of-way, other public premises, or other state-owned property.
Notice by the State Patrol of lost or abandoned property in its possession must be made to the rightful owner, if the owner is known, by certified mail. The rightful owner may reclaim the property within 90 days of notice after paying any expenses incurred by the agency for processing and retaining such property.
Disposal.
Unclaimed property may be sold at public sale, disposed of as state surplus property, or destroyed based on the agency's judgment of the property's condition and value.
All lost or abandoned money and the proceeds from the sale of other abandoned or lost property retained by the State Patrol pursuant to this section must be deposited into the general fund.
Ordinances of political subdivisions.
A political subdivision must: (1) allow the commissioner to review a proposed ordinance affecting the operation of an unmanned aircraft; and (2) notify the commissioner whenever the political subdivision adopts an ordinance affecting the operation of unmanned aircraft.
Small unmanned aircraft.
"Small unmanned aircraft" means an aircraft, as defined in subdivision 37, that weighs less than 55 pounds and is operated without the possibility of human intervention from within or on the aircraft.
Small unmanned aircraft system.
"Small unmanned aircraft system" means a small unmanned aircraft and all of its associated elements, including components and communication links, that are required to control and operate the aircraft.
Small unmanned aircraft systems.
(a) Any small unmanned aircraft system in which the unmanned aircraft weighs less than 55 pounds at takeoff, including payload and anything affixed to the aircraft, either:
(1) must be registered in the state for an annual fee of $25; or
(2) is not subject to registration or an annual fee if the unmanned aircraft system is owned and operated solely for recreational purposes.
(b) An unmanned aircraft system that meets the requirements under paragraph (a) is exempt from aircraft registration tax under sections 360.511 to 360.67.
Certificate of insurance.
(a) Every owner of aircraft in this state when applying for registration, reregistration, or transfer of ownership shall supply any information the commissioner reasonably requires to determine that the aircraft during the period of its contemplated operation is covered by an insurance policy with limits of not less than $100,000 per passenger seat liability both for passenger bodily injury or death and for property damage; not less than $100,000 for bodily injury or death to each nonpassenger in any one accident; and not less than $300,000 per occurrence for bodily injury or death to nonpassengers in any one accident. The insurance must comply with section 60A.081, unless that section is inapplicable under section 60A.081, subdivision 3.
The information supplied to the commissioner must include but is not limited to the name and address of the owner, the period of contemplated use or operation, if any, and, if insurance coverage is then presently required, the name of the insurer, the insurance policy number, the term of the coverage, policy limits, and any other data the commissioner requires. No certificate of registration shall be issued pursuant to subdivision 3 in the absence of the information required by this subdivision.
(b) In the event of cancellation of aircraft insurance by the insurer, the insurer shall notify the Department of Transportation at least ten days prior to the date on which the insurance coverage is to be terminated. Unless proof of a new policy of insurance is filed with the department meeting the requirements of this subdivision during the period of the aircraft's contemplated use or operation, the registration certificate for the aircraft shall be revoked forthwith.
(c) Nothing in this subdivision shall be construed to require an owner of aircraft to maintain passenger seat liability coverage on aircraft for which an experimental certificate has been issued by the administrator of the Federal Aviation Administration pursuant to Code of Federal Regulations, title 14, sections 21.191 to 21.195 and 91.42 91.319, whereunder persons operating the aircraft are prohibited from carrying passengers in the aircraft or for an unmanned aircraft. Whenever the aircraft becomes certificated to carry passengers, passenger seat liability coverage shall be required as provided in this subdivision.
(d) The requirements of this subdivision shall not apply to any aircraft built by the original manufacturer prior to December 31, 1939, and owned and operated solely as a collector's item, if the owner files an affidavit with the commissioner. The affidavit shall state the owner's name and address, the name and address of the person from whom the aircraft was purchased, the make, year, and model number of the aircraft, the federal aircraft registration number, the manufacturer's identification number, and that the aircraft is owned and operated solely as a collector's item and not for general transportation purposes.
(e) A small unmanned aircraft system that meets the requirements of section 360.55, subdivision 9, is not subject to the requirements under paragraphs (a) and (b). Owners of small unmanned aircraft systems that meet the requirements of section 360.55, subdivision 9, must, at the time of registration, provide proof of insurability in a form acceptable to the commissioner. Additionally, such operators must maintain records and proof that each flight was insured for the limits established in paragraph (a).
Fares.
The council must establish fares for special transportation services in accordance with federal law. The council must use all fares collected for special transportation services exclusively for purposes related to special transportation services.
This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Forecasted funding.
(a) For purposes of this subdivision, "biennium" and "fiscal year" have the meanings given in section 16A.011, subdivisions 6 and 14, respectively.
(b) In each February and November forecast of state revenues and expenditures under section 16A.103, the commissioner of management and budget must incorporate a state obligation from the general fund for the annual net costs to the council to implement the special transportation service under this section. Notwithstanding section 16A.11, subdivision 3, the appropriation base in each fiscal year of the upcoming biennium is as determined in this subdivision.
(c) The commissioner must determine net costs under paragraph (b) as:
(1) the amount necessary to:
(i) maintain service levels accounting for expected demand, including service area, hours of service, ride scheduling requirements, and fares per council policy;
(ii) maintain the general existing condition of the special transportation service bus fleet, including bus maintenance and replacement; and
(iii) meet the requirements of this section; plus
(2) the amount of forecast adjustments, as determined by the commissioner of management and budget in consultation with the council, necessary to match (i) actual special transportation service program costs in the prior fiscal year, and (ii) adjusted program costs forecasted for the second year of the current biennium, for a forecast prepared in the first year of the biennium; less
(3) funds identified for the special transportation service from nonstate sources.
(d) In conjunction with each February and November forecast, the council must submit a financial review of the special transportation service to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance and to the commissioner of management and budget. At a minimum, the financial review must include:
(1) a summary of special transportation service sources of funds and expenditures for the prior two fiscal years and each fiscal year of the forecast period, which must include:
(i) a breakout by expenditures categories; and
(ii) information that is sufficient to identify a conversion between state fiscal years and the fiscal years of the council;
(2) details on cost assumptions used in the forecast;
(3) information on ridership and farebox recovery rates for the prior two fiscal years and each fiscal year of the forecast period;
(4) identification of the amount of appropriations necessary for any forecast adjustments as identified under paragraph (d); and
(5) information as prescribed by the commissioner.
EFFECTIVE DATE; APPLICATION.
This section is effective July 1, 2024, and applies beginning with the November 2024 forecast for each fiscal year beginning on or after July 1, 2025. This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Subd. 1w.
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 $98,400,000 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, 2021, the council may issue certificates of indebtedness, bonds, or other obligations in an amount not exceeding $48,400,000, and after July 1, 2022, the council may issue certificates of indebtedness, bonds, or other obligations in an additional amount not exceeding $50,000,000.
Limitation; light rail transit.
The council is prohibited from expending any proceeds from certificates of indebtedness, bonds, or other obligations under subdivision subdivisions 1u and 1w 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.
[473.3927] ZERO-EMISSION AND ELECTRIC TRANSIT VEHICLES.
Transition plan required.
(a) The council must develop and maintain a zero-emission and electric transit vehicle transition plan.
(b) The council must complete the initial plan by February 15, 2022, and revise the plan at least once every five years.
Plan development.
At a minimum, the plan must:
(1) establish implementation policies and guidance;
(2) set transition milestones or performance measures, or both, which may include vehicle procurement goals over the transition period;
(3) identify barriers, constraints, and risks, and determine objectives and strategies to address the issues identified;
(4) consider findings and best practices from other transit agencies;
(5) analyze zero-emission and electric transit vehicle technology impacts, including cold weather operation and emerging technologies;
(6) consider opportunities to prioritize the deployment of zero-emissions vehicles in areas with poor air quality;
(7) provide detailed estimates of implementation costs; and
(8) summarize updates to the plan from the most recent version.
Copy to legislature.
Upon completion or revision of the plan, the council must provide a copy to the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation policy and finance.
This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
[473.452] TRANSIT OPERATING RESERVES; REPORT.
(a) By February 1 each year, each replacement service provider under section 473.388 must report to the council its projected total operating expenses for the current calendar year and its projected operating reserve fund balance as of the previous December 31.
(b) By March 1 each year, the council must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance. The report must include:
(1) the information from each provider received under paragraph (a); and
(2) the council's projected total operating expenses for the current calendar year and its projected operating reserve fund balance as of the previous December 31.
Motor vehicle charges and conviction data; report.
The court administrator shall collect, compile, and report the data on (1) charges and convictions for driving after suspension or revocation, and (2) payment of fines for violations related to operation of a motor vehicle, as required under section 171.325.
Laws 2012, chapter 287, article 3, section 2, the effective date, is amended to read:
This section is effective the day following final enactment and expires one year following the acceptance of ten 20 construction manager/general contractor contracts.
Laws 2013, chapter 143, article 9, section 20, is amended to read:
CITY OF MINNEAPOLIS; STREETCAR TRANSIT PROJECT FINANCING.
(a) For purposes of this section, the following terms have the meanings given them.
(b) "City" means the city of Minneapolis.
(c) "County" means Hennepin County.
(d) "District" means the areas certified by the city under subdivision 2 for collection of value capture taxes.
(e) "Project area" means the area including one city block on either side of a streetcar transit line designated by the city to serve the downtown and adjacent neighborhoods of the city.
(f) "Transit line" includes any of the following: a busway and a guideway, as the terms are defined in Minnesota Statutes, section 473.4485, subdivision 1, and regular route bus service.
Authority to establish district.
(a) The governing body of the city may, by resolution, establish a value capture district consisting of some or all of the taxable parcels located within one or more of the following areas of the city, as described in the resolution:
(1) the area bounded by Nicollet Avenue on the west, 16th Street East on the south, First Avenue South on the east, and 14th Street East on the north;
(2) the area bounded by Spruce Place on the west, 14th Street West on the south, LaSalle Avenue on the east, and Grant Street West on the north;
(3) the area bounded by Nicollet Avenue or Mall on the west, Fifth Street South on the south, Marquette Avenue on the east, and Fourth Street South on the north;
(4) the area bounded by First Avenue North on the west, Washington Avenue on the south, Hennepin Avenue on the east, and Second Street North on the north; and
(5) the area bounded by Fifth Street North East on the west, Central Avenue North East on the southeast, Sixth Street North East on the east, Hennepin Avenue East on the south, and First Avenue North East on the north.
(b) The city may establish the district and the project area only after holding a public hearing on its proposed creation after publishing notice of the hearing and the proposal at least once not less than ten days nor more than 30 days before the date of the hearing.
Calculation of value capture district; administrative provisions.
(a) If the city establishes a value capture district under subdivision 2, the city shall request the county auditor to certify the district for calculation of the district's tax revenues.
(b) For purposes of calculating the tax revenues of the district, the county auditor shall treat the district as if it were a request for certification of a tax increment financing district under the provisions of Minnesota Statutes, section 469.177, subdivision 1, and shall calculate the tax revenues of the district for each year of its duration under subdivision 5 as equaling the amount of tax increment that would be computed by applying the provisions of Minnesota Statutes, section 469.177, subdivisions 1, 2, and 3, to determine captured tax capacity and multiplying by the current tax rate, excluding the state general tax rate. The city shall provide the county auditor with the necessary information to certify the district, including the option for calculating revenues derived from the areawide tax rate under Minnesota Statutes, chapter 473F.
(c) The county auditor shall pay to the city at the same times provided for settlement of taxes and payment of tax increments the tax revenues of the district. The city must use the tax revenues as provided under subdivision 4.
Permitted uses of district tax revenues.
(a) In addition to paying for reasonable administrative costs of the district, the city may spend tax revenues of the district for property acquisition, improvements, and equipment to be used for operations within the project area, along with related costs, for:
(1) planning, design, and engineering services related to the construction of the streetcar transit line;
(2) acquiring property for, constructing, and installing a streetcar the transit line;
(3) acquiring and maintaining equipment and rolling stock and related facilities, such as maintenance facilities, which need not be located in the project area;
(4) acquiring, constructing, or improving transit stations; and
(5) acquiring or improving public space, including the construction and installation of improvements to streets and sidewalks, decorative lighting and surfaces, and plantings related to the streetcar transit line.
(b) The city may issue bonds or other obligations under Minnesota Statutes, chapter 475, without an election, to fund acquisition or improvement of property of a capital nature authorized by this section, including any costs of issuance. The city may also issue bonds or other obligations to refund those bonds or obligations. Payment of principal and interest on the bonds or other obligations issued under this paragraph is a permitted use of the district's tax revenues.
(c) Tax revenues of the district may not be used for the operation of the streetcar transit line.
Duration of the district.
A district established under this section is limited to the lesser of (1) 25 years of tax revenues, or (2) the time necessary to collect tax revenues equal to the amount of the capital costs permitted under subdivision 4 or the amount needed to pay or defease bonds or other obligations issued under subdivision 4, whichever is later.
LEGISLATIVE ROUTE NO. 263 REMOVED.
(a) Minnesota Statutes, section 161.115, subdivision 194, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Martin County to transfer jurisdiction of Legislative Route No. 263 and 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.
(a) Minnesota Statutes, section 161.115, subdivision 198, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Murray County to transfer jurisdiction of Legislative Route No. 267 and notifies the revisor of statutes under paragraph (b).
ANIMAL-DRAWN VEHICLES; SAFETY MANUAL.
(a) The commissioner of public safety, in collaboration with the Department of Transportation, State Patrol, traffic safety organizations, and other interested parties, must develop and publish an animal-drawn vehicles safety manual. When developing the manual, the commissioner must evaluate similar manuals already published by other states.
(b) At a minimum, the safety manual must discuss and provide specific guidance with respect to:
(1) animal-drawn vehicle courtesy and conduct;
(2) relevant traffic regulations, including traffic signs, traffic signals, pavement markings, driving rules, and equipment requirements;
(3) an overview of how other vehicles and motorists interact with animal-drawn vehicles on the roadway;
(4) safety best practices;
(5) travel information; and
(6) any other information the commissioner deems necessary.
(c) The commissioner must publish the manual under this section on or before January 1, 2022.
(d) The manual under this section is not an administrative rule under Minnesota Statutes, chapter 14, including section 14.386. The commissioner is exempt from provisions of Minnesota Statutes, chapter 14, with respect to any activities taken under this section.
SPEED LIMIT ON PARK ROAD.
Notwithstanding the provisions of Minnesota Statutes, section 169.14, subdivision 5e, or any other law to the contrary, the Minneapolis Park and Recreation Board may establish a speed limit on a parkway or road under its jurisdiction that is located within a park. The speed limit must not be lower than 20 miles per hour. A speed limit established under this section is effective on erection of appropriate signs designating the speed limit and indicating the beginning and end of the reduced speed zone. Any speed in excess of the posted speed is unlawful.
This section is effective the day after the governing body of the Minneapolis Park and Recreation Board and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
PAYABLE OFFENSES; BEST PRACTICES.
The Office of Traffic Safety, in consultation with the state court administrator's office and the State Patrol, shall confer with law enforcement officers and prosecutors to determine best practices for law enforcement agencies and prosecutorial offices to employ when processing cases where a citation is issued to ensure that the citation does not inadvertently fail to require a court appearance when one is warranted under the circumstances. The best practices must address proper levels of review for these cases and encourage cooperation between law enforcement agencies and prosecutorial offices. The office shall disseminate the best practices upon completion.
FEDERAL FUNDS REPORTING REQUIREMENTS; REPLACEMENT SERVICE PROVIDERS.
(a) For purposes of this section, "federal funds" means any funding received by the Metropolitan Council, and allocated to replacement service providers under Minnesota Statutes, section 473.388, from the federal government pursuant to any federal law, rule, grant, or loan relating to the infectious disease known as COVID-19. This includes but is not limited to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136.
(b) Replacement service providers must report all expenditures of federal funds to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy by February 15, 2022, and annually thereafter until all federal funds are expended. The report must include the total amount of each expenditure, the purpose of each expenditure, and any additional information necessary to properly document each expenditure.
RULEMAKING; MEDICAL PROVIDERS.
(a) The commissioner of public safety must amend Minnesota Rules, parts 7410.2500 and 7410.2800, to include a licensed physician assistant and an advanced practice registered nurse as among the medical providers authorized to complete any required medical statement or report.
(b) The commissioner may use the expedited rulemaking process under Minnesota Statutes, section 14.389, for rulemaking as described in paragraph (a). The commissioner must not adopt any changes that are not specifically described in paragraph (a) pursuant to this grant of rulemaking authority. This is a onetime grant of authority.
SCHOOL BUS AGE EXEMPTION.
Notwithstanding Minnesota Statutes, section 169.454, subdivision 2, type III vehicles that are 12 years or older may remain in service until August 31, 2022, if the following conditions are met:
(1) the vehicle would otherwise be required to leave service between March 1, 2021, and June 30, 2022, because of the vehicle's age; and
(2) the vehicle passes all required state inspections.
This section is effective the day following final enactment and expires on August 31, 2022.
MNPASS LANES; REQUEST TO FEDERAL HIGHWAY ADMINISTRATION.
The commissioner of transportation must request approval from the Federal Highway Administration to allow MnPASS lanes to be used by any vehicle on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
FREIGHT NETWORK OPTIMIZATION TOOL CREATION.
(a) The commissioner of transportation, in consultation with the commissioner of employment and economic development, must procure a statewide freight network optimization tool. The tool, at a minimum, must be able to:
(1) use data and mathematical models to reduce transportation inefficiencies for lowering supply chain costs to Minnesota businesses;
(2) develop return on investment metrics to promote public-private partnerships that result in network investments that address supply chain bottlenecks;
(3) analyze site locations for economic development that help to lower the cost of moving goods;
(4) improve the state's capabilities for transportation network planning and creating an efficient multimodal network for moving goods and people;
(5) identify investments that relieve freight bottlenecks which reduce costs for freight transportation system users and generate public benefits; and
(6) develop strategic supply chain information to help identify economic development opportunities for business expansion or relocation in Minnesota.
(b) The commissioner of transportation, in consultation with the commissioner of employment and economic development and the Minnesota Freight Advisory Committee, must establish a process that allows public or private entities to access and use the tool.
TRANSPORTATION PROJECT SELECTION PROCESS.
Adoption of policy.
(a) The commissioner of transportation must develop, adopt, and implement a policy for every program or process the commissioner uses to evaluate, prioritize, or select capital projects; award grants for capital projects; or allocate funding or resources for capital projects, including trunk highway and general obligation bonds. At a minimum, the commissioner must adopt a policy for capital project selections and programs for each of the following: rail grade separation program; greater Minnesota transit capital program; safety improvements on crude oil corridors; facilities capital improvement program; Minnesota rail service improvement program; port development assistance program; and airport projects funded entirely with state or local funds. Prior to developing, adopting, or implementing a policy for a program or selection process, the commissioner must consult with the following entities, where appropriate: the Federal Highway Administration; metropolitan planning organizations; regional development commissions; area transportation partnerships; local governments; the Metropolitan Council; transportation stakeholders; or other appropriate federal, state, or local government agencies. The commissioner must develop, adopt, and implement the policy no later than November 1, 2022, and may update the policy as appropriate. The commissioner must publish the policy and updates on the department's website and through other effective means selected by the commissioner.
(b) For each selection process, the policy adopted under this section must:
(1) establish a process that identifies criteria, the weight of each criterion, and a process to score each project based on the weighted criteria. The scoring system may consider project readiness as a criterion for evaluation, but project readiness must not be a major factor in determining the final score;
(2) identify and apply all relevant criteria contained in enacted Minnesota or federal law or added by the commissioner;
(3) identify for stakeholders and the general public the candidate project selected under each selection process and every project considered that was not selected;
(4) involve area transportation partnerships and other local authorities, as appropriate, in the process of scoring and ranking candidate projects under consideration;
(5) publicize scoring and decision outcomes concerning each candidate project, including the projects that were considered but not selected, and the reason each project was not selected; and
(6) require that the projects in the state transportation improvement program include the score assigned to the project.
(c) This section does not apply to the following: the safe routes to school program under Minnesota Statutes, section 174.40; the local bridge replacement program under Minnesota Statutes, section 174.50; the local road improvement program under Minnesota Statutes, section 174.52; highway railroad grade crossing-warning devices replacement; statewide freight safety improvements; the airport capital improvement program; or high priority bridges for the trunk highway system. This section does not apply to any programs or processes for which the commissioner has already established a project selection process pursuant to Laws 2017, First Special Session chapter 3, article 3, section 124.
(d) For purposes of this section, a capital project means a project to purchase, replace, or recondition the physical assets that make up the transportation system.
Report to legislature.
By February 1, 2023, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance concerning the adopted policy and how the policy is anticipated to improve the consistency, objectivity, and transparency of the selection process. The report must include information on input from members of the public and the organizations identified in subdivision 1.
SCHOOL BUS KNOWLEDGE TEST AVAILABILITY.
The commissioner of public safety must ensure adequate availability of time slots for knowledge tests for school bus endorsements. These tests must be readily available across the state. Where necessary to provide adequate time slots, the commissioner must prioritize these tests above class D driver's license knowledge tests.
This section is effective the day following final enactment and expires December 31, 2021.
VEHICLE REGISTRATION SELF-SERVICE KIOSK REPORT.
By December 1, 2022, the commissioner of public safety must submit to the legislative committees with jurisdiction over transportation policy and finance a report on self-service kiosks authorized in Minnesota Statutes, section 168.0135. At a minimum, the report must include the following information:
(1) the number of completed transactions at self-service kiosks;
(2) the number of failed or canceled transactions at self-service kiosks;
(3) the location of each self-service kiosk and the name of the business or entity that is operating at that address; and
(4) any recommendations to the legislature to improve the use of self-service kiosks, including proposed legislation.
TRANSPORTATION REVENUE AND EXPENDITURES; REPORT.
(a) The commissioner of transportation, in collaboration with the commissioners of revenue and management and budget, must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance on transportation revenues and expenditures in Minnesota.
(b) At a minimum, the report must include analysis regarding:
(1) revenue sources for the highway user tax distribution fund, including detailed information on how much revenue is generated on both a county and a per-capita basis;
(2) the various constitutional and statutory formulas used to distribute highway user tax distribution funds, including detailed information on the amounts spent under each formula over the past five years;
(3) expenditures for activities related to the highway user tax distribution fund, including detailed information on how funds are distributed to the trunk highway fund, county state-aid highway fund, and municipal state-aid street fund, and expended from these funds on both a county and a per-capita basis;
(4) the current number of lane-miles by system, functional classification, and surface type, including roadways with two or more paved lanes, on a per-county basis; and
(5) the projected cost to meet Minnesota's transportation needs as identified in the statewide highway investment plan under Minnesota Statutes, section 174.03, taking into account specific factors that include but are not limited to (i) action needed to achieve meaningful congestion relief, and (ii) labor costs to both maintain existing transportation assets and expand to meet future needs.
(c) The report under this section must be submitted no later than February 15, 2022.
SCHOOL BUS STOP-SIGNAL ARM CAMERA GRANTS REPORT.
By December 15, 2023, the commissioner of public safety, in coordination with the state court administrator, must submit a report on school bus stop-signal arm camera systems to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy. At a minimum, the report must include:
(1) an overview of the school bus stop-signal arm grant program implemented pursuant to article 1, section 4, subdivision 5, including how the commissioner administered the program and how grant recipients were selected;
(2) a listing of grants made pursuant to article 1, section 4, subdivision 5, including the recipient, the amount received, the type and model year of bus on which the cameras were installed, and whether the bus was equipped with any cameras prior to receiving the grant;
(3) the number of violations of Minnesota Statutes, section 169.444, subdivisions 1 and 1a, captured on school bus stop-arm cameras between July 1, 2021, and June 30, 2023, broken down by school district;
(4) the number of citations issued for violations of Minnesota Statutes, section 169.444, subdivisions 1 and 1a, between July 1, 2021, and June 30, 2023, broken down by school district;
(5) the number of citations issued for violations of Minnesota Statutes, section 169.444, subdivisions 1 and 1a, between July 1, 2019, and June 30, 2021, broken down by county;
(6) a summary of the anticipated ongoing costs reported by grant recipients as required by paragraph (a);
(7) recommendations on statutory changes that would allow for better enforcement of Minnesota Statutes, section 169.444, subdivisions 1 and 1a; and
(8) recommendations on future funding needs for school bus stop-signal arm camera systems.
The commissioner may seek input from schools, bus companies, and local law enforcement when preparing the report.
LEGISLATIVE REPORT ON EXAM STATION EXPENDITURES.
By January 15, 2023, and by January 15, 2024, the commissioner of public safety must submit a report on driver exam station expenditures from the amount specifically provided under article 1, section 4, subdivision 4, paragraph (a), to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance. At a minimum, the report must include expenditure information and financial details for the prior fiscal year.
WORK ZONE SPEED MANAGEMENT STUDY.
(a) The commissioners of transportation and public safety must perform a work zone speed management study. At a minimum, the study must:
(1) evaluate existing legal authority for strategies, practices, and methods to reduce vehicle speeds and enhance worker safety in work zones, which may include but is not limited to use of traffic control devices, use of barriers, traffic control design modifications, and speed enforcement actions;
(2) propose a process for contractors operating in a work zone that allows contractors to request modifications to a project's traffic control plan, in order to reduce vehicle speeds or improve worker safety in a work zone;
(3) make recommendations on changes to current policies and procedures related to work zone safety; and
(4) make recommendations on changes to state law to improve work zone safety.
(b) By February 1, 2022, the commissioners must complete the study and submit it to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance.
DRIVER'S LICENSE SAME-DAY ISSUANCE PILOT PROJECT.
(a) The commissioner of public safety must conduct a same-day driver's license pilot project as described in this section. The pilot project must be in the cities of Lakeville and Moorhead and include any driver's license agent in either city that requests to participate in the pilot project. This section applies to driver's license agents participating in the pilot project.
(b) An applicant who submits a properly completed application for a noncompliant driver's license, instruction permit, or identification card must be provided with the license or card at the time of the application. The license or card must be processed and produced at the site of the application. The applicant must not be required to go to another location to receive the license or card. The applicant must not be provided with a temporary license or card.
(c) The commissioner must provide the participating driver's license agents with any necessary equipment to process and produce the driver's licenses and identification cards on site.
(d) By January 1, 2024, the commissioner must submit a report on the pilot project to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance. At a minimum, the report must include the following:
(1) a description of the pilot project and the locations that participated in the pilot project;
(2) how many noncompliant drivers' licenses, instruction permits, or identification cards were processed during the pilot project;
(3) any information or feedback from the driver's license agents about the pilot project;
(4) a recommendation on whether the issuance of same-day noncompliant drivers' licenses, instruction permits, or identification cards should be expanded statewide.
This section is effective on October 1, 2022, and applies to applications received on or after that date.
PROJECT SELECTION STUDY; DEPARTMENT OF TRANSPORTATION.
(a) By January 15, 2022, the commissioner of transportation must report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy on ways to include meaningful legislative input into the project selection process. At a minimum, the report must:
(1) identify and evaluate options to include meaningful legislative input into project selection and programming procedures, including but not limited to the following: corridors of commerce, the transportation economic development program, and the state transportation improvement program;
(2) identify and evaluate options to include meaningful legislative input into internal department decision making processes, including but not limited to the decisions made by the Transportation Programming and Investment Committee;
(3) make recommendations on how to best include meaningful legislative input into the project selection process; and
(4) include proposed legislation to implement the recommendations.
(b) For purposes of this section, meaningful legislative input means direct input from the legislature that the commissioner must consider when selecting projects. Meaningful legislative input does not include the following: legislator participation in the existing processes in the same manner that is open to every resident; allowing the legislature to provide advisory or informational information to the commissioner that the commissioner is not required to consider; or requiring legislative input in a manner that gives the input so little weight or consideration that is not effective input.
STUDY ON POST-COVID PANDEMIC PUBLIC TRANSPORTATION.
(a) From funds specified under Minnesota Statutes, section 161.53, paragraph (b), the commissioner of transportation must arrange for a study by the Center for Transportation Studies at the University of Minnesota that examines public transportation after the COVID-19 pandemic is substantially curtailed in the United States. At a minimum, the study must:
(1) focus primarily on transit service for commuters in the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2;
(2) specifically review Northstar Commuter Rail and commuter-oriented transit service by the Metropolitan Council and by the suburban transit providers; and
(3) provide analysis and projections on anticipated changes in:
(i) ridership;
(ii) demand for different modes and forms of active and public transportation;
(iii) transit service levels and features;
(iv) revenue and expenditures; and
(v) long-term impacts.
(b) By February 1, 2023, the commissioner must provide a copy of the study to the members of the legislative committees with jurisdiction over transportation policy and finance.
INDEPENDENT EXPERT REVIEW OF MNDRIVE.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Chair" means the most recent chair of the Governor's Blue Ribbon Council on Information Technology, established by Executive Order 19-02 and extended by Executive Order 20-77.
(c) "DVS" means the Driver and Vehicle Services Division of the Department of Public Safety.
(d) "End user" means individuals who use MnDRIVE to process driver and vehicle transactions, including deputy registrars, driver's license agents, and automobile dealers.
(e) "MnDRIVE" means the state's vehicle title and registration system.
(f) "Review team" means the chair and any people or entities assisting the chair in performing the review.
(a) Notwithstanding Minnesota Statutes, chapter 16C, or any law to the contrary, the chair must conduct a review of MnDRIVE as provided by this section. The chair may select two people to assist the chair in conducting the review. The chair may contract with additional individuals or entities to provide expertise as deemed necessary by the chair.
(b) The commissioner of public safety must provide administrative support for the review team. The commissioner of public safety and the state chief information officer must provide access to MnDRIVE and provide any requested information to the review team. Subject to applicable state law and any applicable contracts, FAST Enterprises and end users must provide requested data and information to the review team.
(a) The review team must evaluate MnDRIVE's performance and processes in order to make recommendations to optimize the benefits and efficiencies of MnDRIVE for end users, DVS, state residents, and other stakeholders. At a minimum, the review team must review:
(1) all available data regarding the time and effort required to complete functions using MnDRIVE;
(2) all available data regarding DVS call center activities and other DVS support for customer and end user questions;
(3) the software enhancement project list for efficiency items;
(4) technology needs of end users, including hardware, software, and Internet speed;
(5) the need and timing for training for end users and DVS staff;
(6) DVS staffing requirements and needs;
(7) fee amounts and structures related to licensing drivers and registering vehicles;
(8) appropriations from all sources made to DVS;
(9) the effectiveness and consistency of websites that provide information on completing vehicle or licensing transactions;
(10) options for future self-service activities for licensing drivers and registering vehicles; and
(11) any other items deemed to be a factor in reducing the time spent by residents to complete transactions and time spent by end users and DVS staff to support those transactions.
(b) The review team must review and make recommendations regarding driver examination station locations and operations. At a minimum, the review team must:
(1) review the findings and recommendations of the Office of the Legislative Auditor in the 2021 program evaluation;
(2) review and evaluate:
(i) operational costs, cost savings, and administrative efficiencies related to permanent closure of driver examination stations;
(ii) impacts on driver's license applicants from potential driver examination station closures or service reductions, including average travel times and travel distances throughout the state; and
(iii) data related to items (i) and (ii);
(3) examine alternative options or modifications to driver examination station closures or service reductions; and
(4) review relevant testimony about driver examination stations given at legislative committee hearings held on or after the effective date of this section and before submitting the report required by subdivision 4, paragraph (b).
(a) By February 1, 2022, the chair must report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy on the results of the review required by subdivision 3, paragraph (a). At a minimum, the report must include:
(1) a description of the information and data gathered and reviewed for each of the items in subdivision 3, paragraph (a);
(2) recommendations on whether driver's license agent and deputy registrar fees should be modified;
(3) recommendations regarding staffing levels or requirements;
(4) recommendations on how best to fund any recommended changes; and
(5) any additional recommendations to optimize MnDRIVE benefits to end users, DVS, and residents.
(b) By November 1, 2022, the chair must report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy on the results of the review required by subdivision 3, paragraph (b). At a minimum, the report must:
(1) include a description of the information and data gathered and reviewed for each of the items in subdivision 3, paragraph (b); and
(2) make recommendations regarding:
(i) Department of Public Safety administrative practices, processes, and services, including public engagement activity;
(ii) procedures related to driver exam station service reductions or closures and associated methods for legislative notification and consultation prior to implementation; and
(iii) legislative changes necessary to implement the recommendations of the review team.
INDEPENDENT EXPERT REVIEW OF MNDRIVE; PURPOSE AND INTENT.
In part, the purpose of the independent review required by section 144 is to examine the increase in work for deputy registrars and driver's license agents since the implementation of MnDRIVE. The legislature recognizes the increase in work and intends that deputy registrars and driver's license agents be compensated accordingly. It is the legislature's intent to use the independent review required by this section to determine whether a permanent fee increase is warranted and, if so, to enact the fee increase in the 2022 or 2023 legislative session.
DEDICATED FUNDS EXPENDITURES TASK FORCE.
(b) "Commissioner" means the commissioner of transportation.
(c) "Each department" means every department that spends highway user tax distribution or trunk highway funds.
(d) "Task force" means the dedicated funds expenditures task force established in this section.
Task force established.
A dedicated funds expenditures task force is established to review and make recommendations regarding the permissible uses of expenditures from the trunk highway fund and the highway user tax distribution fund.
Membership.
(a) The task force consists of the following members:
(1) four senators, with two appointed by the senate majority leader and two appointed by the senate minority leader;
(2) four members of the house of representatives, with two appointed by the speaker of the house and two appointed by the house minority leader;
(3) the commissioner of transportation or a designee who is an employee in the Department of Transportation;
(4) the commissioner of public safety or a designee who is an employee in the Department of Public Safety;
(5) the commissioner of management and budget or a designee who is an employee in the Department of Management and Budget; and
(6) the attorney general or a designee.
(b) The appointing authorities under paragraph (a) must make the appointments by July 31, 2021.
(c) At its first meeting, the task force must elect a chair or co-chairs by a majority vote of those members present.
At a minimum, the task force must:
(1) examine each department's practices in managing and tracking trunk highway fund and highway user tax distribution fund expenditures;
(2) develop findings regarding the permissibility of trunk highway fund and highway user tax distribution fund expenditures, which must include specific review of each of the following uses or activities:
(i) the creation, construction, expansion, or maintenance of bikeways;
(ii) expenditures for cybersecurity;
(iii) use of trunk highway funds by the Department of Transportation for: administrative costs of the targeted group business program; making grants to metropolitan planning organizations outside of the metropolitan area; and making grants to regional development commissions, joint powers boards, or to department district offices to identify critical concerns, problems, and issues;
(iv) administration and related services for the Department of Public Safety, the commissioner's office, fiscal services, human resources, communications, and technology services; and
(v) the following entities within the Department of Transportation: site development unit; labor compliance efforts in the Office of Construction and Innovative Contracting; Modal Planning and Program Management Division; Statewide Radio Communications within the department's State Aid Division; Workforce and Agency Services Division; Office of Financial Management; human resources; commissioner's staff offices; Office of Audit; Office of Chief Counsel; Office of Civil Rights; communications and public engagement; Office of Equity and Diversity; Government Affairs Office; and Office of Freight and Commercial Vehicle Operations;
(3) evaluate trunk highway fund and highway user tax distribution fund spending in each department to determine whether the spending is a highway purpose and identify whether each specific use is a permissible or impermissible use of the funds;
(4) evaluate and make recommendations on how the commissioner of management and budget should conduct a detailed review of the use of trunk highway funds or highway user tax distribution funds prior to disbursing the funds to the agency to ensure the use complies with statutory and budget requirements; and
(5) make recommendations for changes in trunk highway and highway user tax distribution fund expenditures, including to policies, procedures, and appropriations.
(a) By September 1, 2021, the commissioner must convene the first meeting of the task force.
(b) The task force is subject to the Minnesota Open Meeting Law under Minnesota Statutes, chapter 13D.
Upon request of the task force, the commissioner must provide administrative services, technical support, and information for the task force.
Legislative report.
By February 15, 2022, the task force must submit a report to the chairs and ranking minority members of the house of representatives Ways and Means Committee, the senate Finance Committee, and each legislative committee with jurisdiction over any use of trunk highway funds or highway user tax distribution funds. At a minimum, the report must:
(1) summarize the activities of the task force;
(2) identify any analysis and findings;
(3) provide recommendations adopted by the task force; and
(4) include any draft legislation amending Minnesota Statutes, sections 161.20, subdivision 3, and 161.045, and chapter 16A; or any other statutes that is necessary to implement the recommendations.
The task force expires the day following submission of the report under subdivision 7.
SALVAGE TITLE TASK FORCE.
(b) "High-value vehicle" has the meaning given in Minnesota Statutes, section 168A.01, subdivision 6a.
(c) "Late-model vehicle" has the meaning given in Minnesota Statutes, section 168A.01, subdivision 8a.
(d) "Task force" means the salvage title task force established in this section.
Establishment; purpose.
A salvage title task force is established to evaluate issues related to salvage certificates of title and make any recommendations for legislative changes.
(1) two members of the house of representatives, with one appointed by the speaker of the house and one appointed by the house minority leader; and
(2) two members of the senate, with one appointed by the senate majority leader and one appointed by the senate minority leader.
(b) The appointing authorities under paragraph (a) must make the appointments by August 1, 2021.
(c) At its first meeting, the task force must elect a chair by a majority vote of those members present.
The task force must:
(1) review state law governing motor vehicle titling and issuance of a salvage certificate of title, which must include Minnesota Statutes, sections 168A.151, 325F.6641, and 325F.6642;
(2) evaluate the current salvage designation, including:
(i) whether the designation conveys information about the physical, structural, and mechanical condition of the vehicle that is sufficient to enable vehicle owners and prospective purchasers of used vehicles to make informed repair or purchase decisions; and
(ii) whether the criteria in state statute for "high-value vehicle" and "late-model vehicle" provide meaningful information about the physical, structural, and mechanical condition of the vehicle;
(3) identify any additional or alternative means to provide information about the condition of a vehicle that is subject to an insurer acquiring ownership through payment of damages;
(4) make recommendations for motor vehicle titling changes based on task force findings, including development of any proposed legislation; and
(5) estimate costs and fiscal impacts of implementing the recommendations.
(a) By September 1, 2021, the chair of the Legislative Coordinating Commission must convene the first meeting of the task force.
(b) The task force must establish a schedule for meetings and meet as necessary to accomplish the duties under subdivision 4.
(c) The task force is subject to the Minnesota Open Meeting Law under Minnesota Statutes, chapter 13D.
(a) The Legislative Coordinating Commission must provide administrative services and support and physical or virtual meeting space. Upon request of the task force, the commissioner of public safety must provide technical support.
(b) Members of the task force serve without compensation.
By January 31, 2022, the task force must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy. At a minimum, the report must describe the activities, evaluations and findings, cost estimates, and recommendations of the task force.
REVISOR INSTRUCTION.
The revisor of statutes must renumber Minnesota Statutes, section 160.02, subdivision 27a, as Minnesota Statutes, section 169.011, subdivision 73a. The revisor must correct any cross-references made necessary by this renumbering.
The revisor of statutes shall recodify Minnesota Statutes, section 169.92, subdivision 4, as Minnesota Statutes, section 171.16, subdivision 3a. The revisor shall correct any cross-references made necessary by this recodification.
The revisor of statutes must change cross-references to Minnesota Statutes, section 161.20, subdivision 3, to reference Minnesota Statutes, section 161.045.
(a) Minnesota Statutes 2020, section 16A.60, is repealed.
(b) Minnesota Statutes 2020, section 168.327, subdivision 5, is repealed.
(c) Minnesota Statutes 2020, section 169.09, subdivision 7, is repealed.
(d) Minnesota Rules, parts 7410.2610, subparts 1, 2, 3, 3a, 5a, 5b, and 6; and 7414.1490, are repealed.
(e) Minnesota Rules, parts 7470.0300; 7470.0400; 7470.0500; 7470.0600; and 7470.0700, are repealed.
(f) Minnesota Statutes 2020, section 161.20, subdivision 3, is repealed.
Paragraph (b) is effective August 1, 2021, or upon completion of the necessary programming changes to the driver and vehicle services information system, whichever is earlier. The commissioner of public safety must notify the revisor of statutes of the date. Paragraph (f) is effective July 1, 2025.
Presented to the governor June 24, 2021
Signed by the governor June 26, 2021, 10:53 a.m.