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S.F. No. 1270 - Transportation Omnibus Policy (Conference Committee Report)
 
Author: Senator D. Scott Dibble
 
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: May 13, 2013



 

Section 1 (House) extends, by one year (until May 2, 2014), authority for MnDOT and local units of government to perform snow removal on roads in certain uncompleted subdivisions that are not being maintained by the developer.  This section is effective retroactively from May 1, 2013.

Section 2 (S.F. No. 772, Sen. Kent) adds "attractions" to the type of establishments that may be included on a logo sign by a trunk highway or interstate for the benefit of the motoring public.  Current law limits logo signs to gas, food, camping, lodging, and 24-hour pharmacies.

Section 3 (S.F. No. 772, Sen. Kent) makes several changes to the section that establishes qualifications for listing on a logo sign.  Changes include:

  • allows businesses on logo signs to impose a cover charge;
  • replaces "fuel" with "gas or alternative fuels" that must be provided by listed gas businesses;
  • eliminates requirement that food businesses are open at least ten hours a day, seven days a week, and allows inclusion of food  businesses that are open only six days a week;
  • requires food businesses to provide restroom facilities and public access to a telephone;
  • requires lodging businesses to provide restroom facilities;
  • states requirements for "attractions businesses" including regional significance, restroom facilities and drinking water, appropriate licensing, and adequate parking;
  • requires seasonal businesses to state months of operation on the business panel;
  • changes maximum distance from highway from one mile to three miles in an urban area, retains current maximum distance of ten miles for a camping business;
  • removes current required order of businesses on logo sign panel; and
  • allows inclusion of "substantially eligible" business on logo sign panel when no fully eligible business has applied for available space.

Section 4 (S.F. No. 772, Sen. Kent) conforms a section of statute with section 2, adding references to "attractions" with reference to logo signs.

Section 5 (S.F. No. 772, Sen. Kent) adds a statutory reference to clarify that money in the trunk highway emergency relief account may be used for transportation infrastructure operation and maintenance related to a disaster.  This section also strikes language requiring interest on the emergency relief account to be credited back to the account.

Section 6 (S.F. No. 802, Sen. Kent) modifies the statutory description of Legislative Route No 298.

Section 7 (S.F. No. 802, Sen. Kent) adds a new Legislative Route to the trunk highway system, to end at the Minnesota-Wisconsin border.

Section 8 (S.F. No. 779, Sen. Champion) broadens the allowable uses of parking fees related to the I-394 ramps.  Current law restricts use of fee revenues to operation, repair and maintenance of the parking facilities and HOV lanes on I-394.  New language adds construction as an allowable use and provides that the revenues may be used for all managed lanes, along with related multimodal and technology improvements to serve users of the parking facilities.

Section 9 (S.F. No. 91, Sen. Senjem and Conference Committee Amendment) encourages  the Commissioner of Transportation to conduct a periodic examination of all department real estate to identify property not needed for state highway purposes and determine whether the property could be disposed of.  The commissioner must report findings to the legislative Transportation Committees in every odd-numbered year.  Before disposing of property under this section, the commissioner must evaluate its suitability for bicycle and pedestrian facilities and submit findings to the Legislature by March 1 of each odd-numbered year.

Section 10 (S.F. No. 772, Sen. Kent) eliminates the requirement that the commissioner publish notice of a request by a political subdivision for variances from rules and engineering standards concerning natural preservation routes and money needs with respect to county state-aid highways.

Section 11 (S.F. No. 772, Sen. Kent) eliminates the requirement that the commissioner publish notice of a request by a political subdivision for variances from rules and engineering standards concerning money needs with respect to municipal state-aid streets.

Section 12 (S.F. No. 772, Sen. Kent) removes an obsolete reference to calculating money needs for a road that is designated both as a county state-aid highway and a municipal state-aid street.

Section 13 (S.F. No. 923, Sen. Kent) deletes the requirement that the registrar of motor vehicles distribute vehicle registrations as uniformly as practicable through the calendar year, and specifies that all vehicles registered under the monthly series system shall be registered for a minimum of 12 consecutive months.

Section 14 (S.F. No. 923, Sen. Kent) modifies exceptions to the monthly series motor vehicle registration system, except as necessary to equalize the registration workload of the department. 

Section 15 (S.F. No. 923, Sen. Kent) clarifies that a drive-away in-transit license plate issued by the registrar to a tow operator is not valid for permanent vehicle registration and is not valid outside Minnesota.

Section 16 (S.F. No. 923, Sen. Kent) makes changes to the design specifications of certain veterans’ special license plates and eliminates special plates for veterans of World War I.

Section 17 (S.F. No. 923, Sen. Kent) modifies the section relating to payment of registration taxes on a prorated basis by certain nonresidents of the state.

Section 18 (S.F. No. 923, Sen. Kent) defines “on an occasional basis” in the section of statute regarding issuance of trip permits.  The definition allows no more than one trip permit per vehicle within a 30-day period.

Section 19 (S.F. No. 923, Sen. Kent) allows a licensed used motor vehicle parts dealer to sell, solicit or advertise used parts and scrap metals, but prohibits selling new or used motor vehicles, either at retail or to a dealer.

Section 20 (S.F. No. 923, Sen. Kent) specifies minimum requirements for the place of business of a limited used vehicle license holder, including a commercial office space for the keeping of necessary books, records and files.  During normal business hours, the space either shall be staffed with personnel or have a telephone answering service available.  The space must be owned or leased for a one year minimum term. A limited used vehicle license is provided to a tax-exempt nonprofit charitable organization that acquires vehicles for sale through donation, and allows the organization to accept assignment of vehicles without the requirement to transfer title until sold or donated.

Section 21 (S.F. No. 923, Sen. Kent) deletes the requirement that an application for a motor vehicle dealer license be denied if the applicant was denied a license within the previous year.

Section 22 (S.F. No. 923, Sen. Kent) modifies requirements for reporting to the Department of Public Safety a dealer’s purchase of an older model vehicle to dismantle or destroy.  The dealer must obtain the title or verify ownership, notify any secured parties, and retain the title or motor vehicle record.  The period for notification to the department is reduced from 30 days to ten days after purchase, and this notification must be made electronically.

Section 23 (S.F. No. 923, Sen. Kent) modifies requirements for reporting to the Department of Public Safety a dealer’s purchase of a late-model or high-value vehicle to dismantle or destroy.  The dealer must obtain the title or verify ownership, notify any secured parties, and retain the title or motor vehicle record.  The period for notification to the department is reduced from 30 days to ten days after purchase, and this notification must be made electronically.

Section 24 (Floor amendment, Sen. Kent) governs the purchase of abandoned vehicles from a motor vehicle dealer.

Paragraph (a) provides that the law requiring a dealer to report to the Department of Public Safety within 30 days the purchase of an older model vehicle to be dismantled or destroyed does not apply to the purchase of a scrap vehicle that is abandoned and in possession of a dealer for service or repair.

Paragraph (b) requires a scrap vehicle dealer acquiring a scrap vehicle to obtain certain information from the selling dealer and to provide electronic notification to the department, within ten days, of the vehicle’s plate number, VIN, and seller’s name.

Paragraph (c) requires the scrap vehicle dealer to retain the information obtained from the selling dealer and reported to the department for three years and make it available for inspection by law enforcement and the department.

Section 25 (Floor amendment, Sen. Kent) cross-references the new language in section 24 relating to purchase of abandoned vehicles from a dealer, in the subdivision that requires notification to the department of a dealer’s purchase of a vehicle to be dismantled or destroyed.

Section 26 (MnDOT correction) corrects a cross-reference relating to tow truck permits.

Section 27 (S.F. No. 608, Sen. Rest) changes the definition of “type III vehicle” in the chapter on traffic regulations, changing from “passenger cars, station wagons, vans, and buses” to “passenger vehicles and buses.” The type III vehicle specifications regarding seating capacity and vehicle weight do not change.

Section 28 (S.F. No. 415, Sen. Dziedzic) prohibits a motor vehicle operator from passing another vehicle on the right by moving into a bicycle lane.

Section 29 (S.F. No. 415, Sen. Dziedzic) allows an operator of a motor vehicle to drive in a bicycle lane to perform parking maneuvers.

Section 30 (S.F. No. 415, Sen. Dziedzic) specifies legal driving behavior when a motor vehicle operator is required to cross a bicycle lane to make a turn.  A turn signal must precede the movement into the bicycle lane, and the driver can turn only after it is safe, yielding the right-of-way to approaching bicycles.

Section 31 (House) modifies provisions relating to bicycle passengers, including extending limitations on number of passengers to apply to various types of bicycles as well as trailers.

Section 32 (House) eliminates a requirement that a bicycle must be operated at the right-hand curb or edge of the road, when the bicycle is operated in a shoulder or a bicycle lane.

Section 33 (House) modifies bicycle equipment regulations, including adding types of lighting equipment that can be used to meet nighttime bicycle lighting requirements, permitting coaster brakes, and allowing a horn or bell on a bike.

Section 34 (House amendment) allows a person to sell or offer for sale a bicycle without pedals if it otherwise meets statutory reflector and equipment requirements.

Section 35 (S.F. No. 414, Sen. Dziedzic) prohibits parking in a designated bicycle lane, except when permitted by posted signs.

Section 36 (S.F. No. 851, Sen. Carlson) allows a vehicle with a valid disability placard or plate to park at an angle and occupy two standard parking spaces when all designated disability parking spaces are occupied or unavailable.

Section 37 (S.F. No. 851, Sen. Carlson) strikes language that provides that disability parking space signs may be movable by authorized persons, leaving in statute the requirement that signs must be nonmovable.

Section 38 (S.F. No. 608, Sen. Rest) clarifies that school bus drivers may not operate cellular phones while the school bus is a part of traffic, even if the bus is not in motion.

Section 39 (S.F. No. 608, Sen. Rest) specifies that seat belts used by drivers of school buses and Head Start vehicles must be properly adjusted and fastened, and that both the shoulder and lap belts must be used when both are present.

Section 40 (S.F. No. 608, Sen. Rest) clarifies the type of vehicle that may carry specified optional safety equipment, changing from “passenger cars and station wagons” to “type III vehicles” to conform with the change in “type III vehicle” definition in section 27. 

Section 41 (House) provides that it is permissible for a bicycle to be equipped with a horn or a bell.

Section 42 (S.F. No. 947, Sen. Reinert) increases the additional weight allowance for idle reduction technology from 400 to 550 pounds above motor vehicle weight limits.  The section is effective the day following final enactment.

Section 43 (S.F. No. 923, Sen. Kent) modifies the definition of “valid medical examiner’s certificate” in the drivers’ license chapter. It specifies that the certificate must be issued by a medical examiner who is certified by the Federal Motor Carrier Administration and listed on the National Registry of Certified Medical Examiners.  This section is effective May 1, 2014.

Section 44 (S.F. No. 923, Sen. Kent) authorizes certain background investigations for Department of Public Safety employees.

Subdivision 1, authorizes the Commissioner of Public Safety to conduct criminal history background checks on certain current or prospective employees involved with enhanced drivers’ licenses or commercial drivers’ licenses.

Subdivision 2 specifies the procedure for the background check.  The background check shall be performed by the Bureau of Criminal Apprehension (BCA) upon request of the Commissioner of Public Safety.  The request must include a consent form, including fingerprints, signed by the employee being investigated.  The BCA shall charge a fee to the commissioner to recover the cost of performing the background check.

Subdivision 3 states that criminal justice agencies shall provide required information to the commissioner for the purposes of the background check.  "Criminal justice agencies" means all state and local prosecution authorities, all state and local law enforcement agencies, the Sentencing Guidelines Commission, the Bureau of Criminal Apprehension, the Department of Corrections, and all probation officers who are not part of the judiciary.

Subdivision 4 authorizes the commissioner to request and the BCA to conduct annual criminal history background checks on employees as defined in subdivision 1, in a manner consistent with subdivisions 2 and 3.

Section 45 (S.F. No. 923, Sen. Kent) states that the statutory description of and fee for Minnesota identification cards for seniors do not apply to enhanced identification cards for applicants age 65 or older.

Section 46 (S.F. No. 923, Sen. Kent) states the provision allowing lifetime validity of Minnesota identification cards for seniors does not apply to enhanced identification cards for applicants age 65 or older.

Section 47 (S.F. No. 185, Sen. Carlson) directs the Commissioner of Transportation to appoint a Transportation ombudsperson, without regard to political affiliation.  Duties include dispute resolution, provision of information about decisions and acts of the department, facilitation of discussions and mediation, and monitoring of performance measures for the ombudsperson program.  The ombudsperson may not hold another position in the department and may not impose a complaint fee.

Section 48 (House) extends the date due from September 1 to November 15, 2013, for MnDOT to submit to the legislature its final report on freight rail economic development.

Section 49 (S.F. No. 772, Sen. Kent) gives discretion to the commissioner to schedule payments of operating assistance to greater Minnesota transit providers as appropriate, providing that payments for operating assistance must be made quarterly.  (The repealer at the end of this report repeals the current statutory schedule for payment of operating assistance.)

Section 50 (S.F. No. 875, Sen. Franzen) authorizes the Commissioner of Transportation to establish a joint program office to deal with public-private partnerships involving public infrastructure investments.  The Transportation commissioner may request the assistance of other state agencies, including Minnesota Management and Budget, Department of Employment and Economic Development, and the Public Facilities Authority.

Section 51 (House) creates a definition of “passenger rail” by reference to federal law, and adds “Amtrak” to a list of entities with whom MnDOT is authorized to enter into agreements for passenger rail operation.

Section 52 (House) modifies MnDOT authority and duties related to intercity passenger rail.

Subdivision 1 clarifies MnDOT powers concerning passenger rail contracting and agreement.

Subdivision 2 contains no changes.

Subdivision 3 authorizes MnDOT to contract with railroads for development and use of rail track and facilities, and for passenger rail operation.  It applies liability provisions under state statutes, but requires MnDOT to follow federal railroad law in its contracts with railroads.  The subdivision authorizes agreements with railroads to address financial responsibility, indemnification, and insurance.

Subdivision 4 mandates MnDOT to follow federal requirements relating to public hearings.

Section 53 (S.F. No. 772, Sen. Kent) adds a yield sign as a fourth type of warning sign that is allowed at railroad grade crossings.  The other three are crossbuck sign, advance warning sign, and stop sign.

Section 54 (S.F. No. 772, Sen. Kent) requires railroad companies to place grade crossing warning signs within 50 feet of the nearest rail (current law specifies 75 feet) or at a greater distance as determined by the commissioner.

Section 55 (S.F. No. 772, Sen. Kent) adds references to yield signs at railroad grade crossings not equipped with flashing lights as an alternative to stop signs.

Section 56 (S.F. No. 772, Sen. Kent) requires medical examinations for intrastate commercial motor vehicle drivers to be provided by medical examiners certified by the Federal Motor Carrier Safety Administration and listed on its national registry.

Section 57 (S.F. No. 772, Sen. Kent) amends the section that allows the commissioner to grant waivers to intrastate commercial vehicle drivers.  Language is stricken that requires the commissioner to deny an application for a waiver for an applicant who, within the previous three years, has had a license suspended, revoked, or canceled for numerous reasons, including fraud in applying for a driver's license, criminal vehicular homicide, driving in excess of 100 mph, controlled substance offense, and test refusal while operating a commercial vehicle transporting hazardous materials.

Section 58 (Floor amendment, Sen. Sparks) modifies the statutory exemption for transportation of certain agricultural commodities and farm supplies from federal hours of service regulations, by enlarging the exempt area from a 100- to a 150-air-mile radius area from the source of the commodities or from the distribution point, and clarifying that the distribution point may be retail or wholesale.  This section is effective the day following final enactment.

Section 59 (Floor amendment, Sen. Kent) authorizes the seven metropolitan county regional rail authorities to use statutory taxing power to develop bus rapid transit in transit ways that are included in the Metropolitan Council’s 2030 transportation policy plan.  This section is effective the day following final enactment.

Section 60 (Amendment, Sen. Reinert) extends the sunset from 2013 to 2017 for accepting individuals into the driver’s license diversion pilot program, and it extends the sunset from 2014 to 2018 for collecting and disbursing fees under the program.  The pilot program expiration is extended to December 31, 2018.  This section is effective the day following final enactment.

Section 61 (S.F. No. 590, Sen. Carlson) requires the Metropolitan Council and city of St. Paul to provide access to a pedestrian skyway system by means of an elevator at the Central station site, during the initial construction of the Central Corridor light rail transit line.  This section is effective the day following final enactment.

Section 62 (House) authorizes MnDOT to sell a described land parcel in Koochiching County to a private entity outside of typical valuation and bidding processes for land sales, but specifies conditions including Attorney General approval, no direct access to Trunk Highway 71 and other conditions MnDOT may set.  This section is effective the day following final enactment.

Section 63 (S.F. No. 486, Sen. Dahle) authorizes the Commissioner of Transportation to quitclaim described land in LeSueur County to a private party in return for the cost of planning, designing, acquiring, constructing, and equipping a comparable rest area facility.  Sale proceeds are to be deposited in the safety rest area account.  This section is effective the day following final enactment.

Section 64 (S.F. No. 700, Sen. Skoe) directs the Commissioner of Public Safety to make efforts to refrain from enforcing state laws that conflict with MAP-21. This section is effective the day following final enactment.

Section 65 (Floor Amendment, Sen. Tomassoni, and Conference Committee Amendment) directs the Commissioner of Transportation, in selecting the preferred alternative for the Highway 53 relocation project between Eveleth and Virginia, to follow specified considerations including accelerating the project, considering economic and social impacts on the affected cities, and refrain from closing the existing corridor until the rerouted highway is open to vehicle traffic.  This section is effective the day following final enactment.

Section 66 (S.F. No. 802, Sen. Kent) turns back Trunk Highway No. 235 jurisdiction to Otter Tail County, effective when the Commissioner of Transportation receives a copy of its agreement with Otter Tail County and notifies the Revisor of Statutes that conditions of the transfer have been satisfied.

Section 67 (S.F. No. 802, Sen. Kent) turns back Trunk Highway No. 66 to Blue Earth County, effective when the Commissioner of Transportation receives a copy of its agreement with Blue Earth County and notifies the Revisor of Statutes that conditions of the transfer have been satisfied.

Section 68 (S.F. No. 692, Sen. Senjem) requires the Commissioner of Transportation, with funds from nonstate sources, to erect a specific service sign at a stated location on marked Trunk Highway 52.  The specific service sign must display the name or business panel of a retail establishment that operated before construction of a noise wall that has blocked the view of the business premises.

Section 69 (House) requires MnDOT to add signage at an intersection on Trunk Highway 47 in Anoka, and requires the city of Anoka to reimburse MnDOT for the costs.  This section is effective the day following final enactment.

Section 70 (House) authorizes a person participating in an ignition interlock pilot project to drive an employer-owned vehicle not equipped with ignition interlock pursuant to the current program guidelines and with the employer’s written consent.

Section 71 repeals:

(a) (S.F. No. 923 and S.F. No. 772, Sen. Kent) Minnesota Statutes, section 168.094, which authorizes issuance of one-way trip permits, and section 174.24, subdivision 5, which establishes the schedule for the Commissioner of Transportation to transmit operating assistance payments for greater Minnesota transit providers.

(b) (S.F. No. 772, Sen. Kent) Minnesota Rules, parts 8820.3300, subpart 2; and 8835.0330, subpart 2, which require the Commissioner of Transportation to publish notices of variance requests in the State Register.

 
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