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S.F. No. 1072 - Transportation Omnibus Policy Bill (First Engrossment)
 
Author: Senator Joe Gimse
 
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: April 26, 2012



 

Section 1 (S.F. No. 1136, Sen. Wolf) prevents the prohibition of electric-assisted bicycles on DNR trails where bicycles are otherwise permitted, unless the commissioner finds operation of electric-assisted bicycles to be inconsistent with safe use and enjoyment of the trail.

Section 2 (S.F. No. 1136, Sen. Wolf) prevents a local unit of government from prohibiting operation of electric-assisted bicycles on trails designated for bicycle use, when the trails are funded with Department of Natural Resources (DNR) grants-in-aid, unless the local government finds use of these bicycles to be inconsistent with safe use and enjoyment of the trail.

Section 3 (S.F. No. 1136, Sen. Wolf) states that operation of electric-assisted bicycles is an exception to the prohibition of motorized vehicles on local nonmotorized trails funded by state grants.

Section 4 (S.F. No. 1136, Sen. Wolf) prevents political subdivisions from prohibiting the operation of electric-assisted bicycles on any bikeway, roadway or shoulder, unless the local government finds use of these bicycles to be inconsistent with safe use and enjoyment of the trail.

Section 5 (S.F. No. 1077, Sen. Howe) directs the Commissioner of Transportation to create the Mississippi River Trail bikeway, in cooperation with local road and trail authorities and the Department of Natural Resources.  This section also specifies the general route of the bikeway, authorizes the commissioner to enter into contracts with necessary agencies and local governments, and specifies eligible funding for parts of the bikeway administered by MnDOT.

Section 6 (S.F. No. 1297, Sen. Gimse) excepts from the general tollway prohibition a lane on either side of marked Interstate Highway 35E between Interstate Highway 94 and Interstate Highway 694.

Section 7 (S.F. No. 1297, Sen. Gimse) expands the authority of the Commissioner of Transportation to charge fees to owners or operators of single-occupant vehicles to include operation in high-occupancy toll lanes.

Section 8 (S.F. No. 1297, Sen. Gimse) requires fees from high-occupancy lanes to be used anywhere in the MnPASS system for maintenance, operation, replacement of tolling equipment, and capital improvements.  Money may not be used for expansion and improvement of bus transit.

Section 9 (S.F. No. 1077, Sen. Howe) corrects a reference to the route number for Veterans Memorial Highway, which runs from the North Dakota border to the city of Mahnomen.

Section 10 (S.F. No. 188, Sen. Senjem) designates a pedestrian bridge over Trunk Highway 14 in Rochester as the "Arianna Celeste Macnamara Memorial Bridge" and directs the Department of Transportation to erect signage near the bridge.  The signs must be paid for through nonstate sources of funds.

Section 11 (S.F. No. 330, Sen. Parry) designates a segment of Interstate Highway 35 in Rice County as "Deputy John W. Liebenstein Memorial Highway."  After being assured of the availability of nonstate funds to pay sign costs, the Commissioner of Transportation is directed to adopt a suitable marking design and erect signs at rest areas along Interstate Highway 35.

Section 12 (S.F. No. 689, Sen. Gimse) modifies the local effort requirement for a town to be able to receive state road aid, to eliminate one requirement that the town levied at least 0.04835 percent of taxable market value for roads and bridges in the previous year.

Section 13 (S.F. No. 672, Sen. Ingebrigtsen) requires that unmarked vehicles used by the Department of Natural Resources conservation enforcement officers be registered and display license plates.

Section 14 (S.F. No. 785, Sen. DeKruif) applies the current vehicle registration tax of $50 for each ton or fraction in excess of 80,000 pounds to an overweight vehicle that is permitted by the Department of Transportation.  This section is effective July 1, 2012.

Section 15 (S.F. No. 785, Sen. DeKruif) amends the current law that the gross weight of a motor vehicle must not exceed the gross weight upon which license tax was paid by more than the greater of four percent or 1,000 pounds.  This section creates an exception to this general rule for vehicles operating with a special permit from the Department of Transportation.  This section is effective July 1, 2012.

Section 16 (S.F. No. 785, Sen. DeKruif) eliminates the vehicle registration provision that allows a vehicle reregistered for a weight of more than 81,000 pounds to obtain 30-day permits from the Department of Public Safety.  The section also excepts vehicles paying the MnDOT weight increase surcharge from having to reregister at a higher gross weight with the Department of Public Safety.  This section is effective July 1, 2012.

Section 17 (S.F. No. 1083, Sen. Sparks) changes the definition of "public impound lot" so that a privately owned lot that does not operate under a contract with a local governmental unit solely for public use is a nonpublic lot.

Section 18 (S.F. No. 1136, Sen. Wolf) amends the definition of electric-assisted bicycle in the chapter of statutes on traffic regulations.  It states that electric-assisted bicycles are bicycles rather than motor vehicles, and includes requirements for bicycles under federal code.

Section 19 (S.F. No. 266, Sen. Howe) broadens the exceptions from weight limits on vehicles operated for road authorities (such as MnDOT, counties, and cities) to:  (1) add an exception for preparation and movement of equipment to handle snow, ice, and slippery conditions; and (2) extend the weight limits exception for those performing snow or ice removal to cover all persons operating a vehicle on behalf of a road authority.  This section is effective the day following final enactment.

Section 20 (S.F. No. 1072, Sen. Gimse) exempts railroad operators (defined as locomotive engineers, conductors, train crew members, and operators of on-track equipment) from statutory traffic regulations and driver’s license requirements while operating equipment on rails.

Section 21 (S.F. No. 1077, Sen. Howe) clarifies the right-of-way rules for vehicles turning left or making a U-turn to the left on a circular green signal.

Section 22 (S.F. No. 1077, Sen. Howe) clarifies the right-of-way rules for vehicles at flashing circular yellow signals and flashing yellow arrow signals.

Section 23 (S.F. No. 1347, Sen. Newman) exempts a motorist from having to signal a turn 100 feet prior to turning, when exiting a roundabout.

Section 24 (S.F. No. 1136, Sen. Wolf) makes an exception for electric-assisted bicycles from the general prohibition of operation of a motorized bicycle on a bicycle path or bicycle lane reserved for nonmotorized traffic.

Section 25 (S.F. No. 1098, Sen. Gerlach) expands to local road authorities the ability to authorize bus operation on freeway and expressway shoulders.  The Commissioner of Transportation may authorize different operating conditions and speed limits for bus road shoulder use if an engineering study conducted by the local authority supports the changes.

Section 26 (S.F. No. 532, Sen. Vandeveer) permits a vehicle manufactured as an emergency vehicle that bears a collector or classic car license plate, is operated solely as a collector’s item and not for general transportation purposes, to display nonconforming colored lights when the vehicle is part of a parade or special event.  This section is effective the day following final enactment.

Section 27 (S.F. No. 1124, Sen. Wolf) changes the exceptions to the law that requires use of child passenger restraint systems. The effect of this section is to subject type III vehicles and school buses 10,000 pounds and less to the child passenger restraint law.

Section 28 (S.F. No. 1124, Sen. Wolf) allows the Commissioner of Public Safety to use child restraint fine proceeds to help school districts and child care providers who transport pupils in type III vehicles and small buses subject to the child passenger restraint laws.  

Section 29 (S.F. No. 785, Sen. DeKruif) provides that a commercial vehicle driver is not required to unload for a weighing officer if the vehicle's gross weight does not exceed the weight allowed by special permit, as long as the vehicle is being operated within the terms of the permit.  This section is effective July 1, 2012.

Section 30 (S.F. No. 785, Sen. DeKruif) expands the overdimensional permitting authority of the Commissioner of Transportation to include vehicles that exceed the gross weight for which they are registered.  This section is effective July 1, 2012.

Section 31 (S.F. No. 1121, Sen. DeKruif) allows a carrier with a permit for an oversize/overweight load to carry the permit in electronic format if it can be easily read.  Current law requires the permit to be in the vehicle, available for inspection.

Section 32 (S.F. No. 1121, Sen. DeKruif) creates an annual permit for overdimensional vehicles weighing from 145,001-155,000 pounds.  Under current law, vehicles in that weight class must obtain single-trip permits, based on weight and distance traveled.  Obsolete language is stricken.

Section 33 (S.F. No. 785, Sen. DeKruif) authorizes the Commissioner of Transportation to impose an additional tax on the special permit fee for a vehicle that will operate with a gross weight in excess of the registered weight.  The tax must equal the amount of additional registration tax that would be due if the vehicle were registered at the weight allowed by the permit, prorated according to the number of days the permit will be valid.  Proceeds of the tax are deposited in the trunk highway fund.  This section is effective July 1, 2012.

Section 34 (S.F. No. 1082, Sen. Ingebrigtsen) recodifies language on license revocation periods for DWI-related offenses to place all relevant provisions into one section of statutes.  This section is effective July 1, 2012.

Section 35 (S.F. No. 1082, Sen. Ingebrigtsen)  conforms language regarding implied consent license recovation with other sections of statute.  This section is effective July 1, 2012.

Section 36 (S.F. No. 1072, Sen. Gimse) exempts railroad operators from the statutory driver’s license requirement while operating railroad equipment on rails, including while crossing a street or highway.

Section 37 (S.F. No. 499, Sen. Howe) allows for a 15-, 16-, or 17-year-old applicant for a driver’s instruction permit to complete the classroom phase of instruction through an approved Internet-based theory driver education program.  Additional requirements, including enrollment in an approved behind-the-wheel course, remain in statute. 

Section 38 (S.F. No. 1215, Sen. Gimse) allows payment of driver's license and identification card fees by credit or debit card, and authorizes driver's license agents (who issue drivers' licenses under the authority of the Department of Public Safety) to impose a convenience fee.  Any convenience fee must not exceed the cost of processing credit and debit card transactions.  The Commissioner of Public Safety is authorized to make rules to administer this section.  This section is effective the day following final enactment.

Section 39 (S.F. No. 499, Sen. Howe) requires the Commissioner of Public Safety to limit Internet-based driver education to a maximum of three hours per day.

Section 40 (S.F. No. 1484, Sen. Wiger) corrects a statutory reference in language that was enacted in 2011 to create an anatomical gift account in the special revenue fund.  This section is effective January 1, 2013.

Section 41 (S.F. No. 1082, Sen. Ingebrigtsen) conforms a cross-reference to a clause that was renumbered in section 34 of this bill.  This section is effective July 1, 2012.

Section 42 (S.F. No. 1082, Sen. Ingebrigtsen) conforms a cross-reference to a clause that was renumbered in section 35 of this bill.  This section is effective July 1, 2012. 

Section 43 (S.F. No. 1078, Sen. Kruse) authorizes MnDOT to undertake a pilot project that uses alternative financing under agreement with a governmental or nongovernmental agency as a financing or investment source, subject to funding availability and sign-off from the Department of Management and Budget.  MnDOT must report to the Legislature on the financial details of agreements under this section.

Section 44 (S.F. No. 920, Sen. Gimse) amends provisions concerning required MnDOT reports.

Subdivision 1 combines two required reports—major highway projects report and trunk highway fund expenditures report—into one report, due annually by December 15.  The definition of a reportable major highway project is reduced from $25 million to $15 million in the metropolitan district, and from $10 million to $5 million in nonmetropolitan districts.

Subdivision 2 includes additional subject areas that MnDOT must include in the major highway projects part of the report.  These include planning estimates, actual award and project costs, overruns or savings, modifications to the overall program that result from delay or project cost changes, cost of environmental compliance for two representative projects, and district/office spending and productivity measures.

Subdivision 2a  is a restatement of current reporting requirements regarding trunk highway fund expenditures.   

 Section 45 (S.F. No. 1121, Sen. DeKruif) modifies provisions regarding the ability of a commercial vehicle driver who drives intrastate to obtain a state waiver of certain medical requirements.  This section provides that a waiver application must be denied for three years after an applicant has been convicted of driving on a suspended, canceled, or revoked license, without linking the loss of license to a moving violation.

Section 46 (S.F. No. 1077, Sen. Howe) amends the section of statute that allows the Commissioner of Transportation to enter into contracts in regard to the rail service improvement program, eliminating a reference to the obsolete federal rail service continuation program.

Section 47 (S.F. No. 1077, Sen. Howe) amends the section of statute on participation by political subdivisions in the state rail service improvement program, eliminating a reference to the obsolete federal rail service continuation program.

Section 48 (S.F. No. 1077, Sen. Howe) amends the section of statute that allows the commissioner to accept federal money in conjunction with the state rail service improvement program, eliminating a reference to the obsolete federal rail service continuation program.

Section 49 (S.F. No. 1148, Sen. Saxhaug)  amends a provision on state rail bank property, to expand the list of restricted activities on the property; allow for placement of fencing and signs if authorized by MnDOT; to disallow structures, if they are permanent, and make knowing violations of the statute a misdemeanor instead of a petty misdemeanor.

Section 50 (S.F. No. 1356, Sen. Ingebrigtsen) directs the Commissioner of Transportation to grant a variance for a seaplane base on Flekkefjord Lake.  This section is effective the day following final enactment.

Section 51 (S.F. No. 132, Sen. Fischbach) authorizes the Commissioner of Transportation to allow the city of Paynesville to retain funds originally granted to the city for the purpose of acquiring land for the Paynesville airport.  The land was not used for airport purposes.  This section allows the city to refrain from paying back the money and instead retain and use it for other airport purposes until June 30, 2015, at which time unspent money would be returned by the city and deposited in the state airports fund.

Section 52 (S.F. No. 920, Sen. Gimse) deals with MnDOT reporting.  The 2013 report must include an evaluation of construction management systems and program and project management system.  The 2014 report must include an evaluation of pavement management systems and bridge management systems.  These evaluations may be done by MnDOT’s office of internal audit or by an independent external auditor.

Section 53 repeals:  

  • Section 160.93, subdivision 2a (S.F. No. 1297, Sen. Gimse) creates the Interstate Highway 35W high-occupancy vehicle and dynamic shoulder lane account, and provides for deposit and disbursement of its revenues.

  • Section 161.08, subdivision 2 (S.F. No. 920, Sen. Gimse) is a MnDOT reporting requirement that has been restated in a different section;

  • Section 168.012, subdivision 1b (S.F. No. 672, Sen. Ingebrigtsen) requires conservation officer vehicles to be marked as tax-exempt vehicles;

  • Section 169A.54, subdivision 5 (S.F. No. 1082, Sen. Ingebrigtsen) establishes the threshold for DWI license revocation at "twice the legal limit."  This language is now added to section 169A.54, subdivision 1; and

  • Section 222.48, subdivision 3a (S.F. No. 1077, Sen. Howe) defines “federal rail service continuation program," which is obsolete.

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