Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9859

 

 

STATE OF MINNESOTA

 

 

EIGHTY-FIFTH SESSION - 2008

 

_____________________

 

ONE HUNDRED FIRST DAY

 

Saint Paul, Minnesota, Thursday, April 10, 2008

 

 

The House of Representatives convened at 11:00 a.m. and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

Prayer was offered by Sister Carol Rennie, St. Paul's Monastery, St. Paul, Minnesota.

 

The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

The roll was called and the following members were present:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

A quorum was present.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Ward moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9860

REPORTS OF CHIEF CLERK

 

S. F. No. 960 and H. F. No. 1097, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Davnie moved that S. F. No. 960 be substituted for H. F. No. 1097 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 1018 and H. F. No. 1189, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Thissen moved that the rules be so far suspended that S. F. No. 1018 be substituted for H. F. No. 1189 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 1578 and H. F. No. 1665, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Gardner moved that S. F. No. 1578 be substituted for H. F. No. 1665 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2024 and H. F. No. 2426, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Norton moved that S. F. No. 2024 be substituted for H. F. No. 2426 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2368 and H. F. No. 2588, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Ward moved that the rules be so far suspended that S. F. No. 2368 be substituted for H. F. No. 2588 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2399 and H. F. No. 2627, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hilstrom moved that the rules be so far suspended that S. F. No. 2399 be substituted for H. F. No. 2627 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9861

S. F. No. 2403 and H. F. No. 3503, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Nelson moved that the rules be so far suspended that S. F. No. 2403 be substituted for H. F. No. 3503 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2449 and H. F. No. 2573, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hansen moved that the rules be so far suspended that S. F. No. 2449 be substituted for H. F. No. 2573 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2533 and H. F. No. 3378, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Tillberry moved that S. F. No. 2533 be substituted for H. F. No. 3378 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2576 and H. F. No. 3217, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Shimanski moved that the rules be so far suspended that S. F. No. 2576 be substituted for H. F. No. 3217 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2597 and H. F. No. 2657, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Bigham moved that the rules be so far suspended that S. F. No. 2597 be substituted for H. F. No. 2657 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2642 and H. F. No. 2991, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Simon moved that the rules be so far suspended that S. F. No. 2642 be substituted for H. F. No. 2991 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9862

S. F. No. 2654 and H. F. No. 3904, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Tillberry moved that the rules be so far suspended that S. F. No. 2654 be substituted for H. F. No. 3904 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2765 and H. F. No. 2721, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Dominguez moved that the rules be so far suspended that S. F. No. 2765 be substituted for H. F. No. 2721 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2806 and H. F. No. 3295, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Solberg moved that the rules be so far suspended that S. F. No. 2806 be substituted for H. F. No. 3295 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2828 and H. F. No. 3228, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Paymar moved that the rules be so far suspended that S. F. No. 2828 be substituted for H. F. No. 3228 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2876 and H. F. No. 2906, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Paymar moved that the rules be so far suspended that S. F. No. 2876 be substituted for H. F. No. 2906 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9863

S. F. No. 2919 and H. F. No. 3396, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Simon moved that the rules be so far suspended that S. F. No. 2919 be substituted for H. F. No. 3396 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2936 and H. F. No. 3129, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Marquart moved that S. F. No. 2936 be substituted for H. F. No. 3129 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2939 and H. F. No. 3327, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Beard moved that the rules be so far suspended that S. F. No. 2939 be substituted for H. F. No. 3327 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2948 and H. F. No. 3365, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Atkins moved that S. F. No. 2948 be substituted for H. F. No. 3365 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2980 and H. F. No. 3582, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Tschumper moved that the rules be so far suspended that S. F. No. 2980 be substituted for H. F. No. 3582 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2996 and H. F. No. 2903, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Gardner moved that the rules be so far suspended that S. F. No. 2996 be substituted for H. F. No. 2903 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9864

S. F. No. 3003 and H. F. No. 3789, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Gardner moved that the rules be so far suspended that S. F. No. 3003 be substituted for H. F. No. 3789 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3021 and H. F. No. 3360, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Ozment moved that S. F. No. 3021 be substituted for H. F. No. 3360 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3049 and H. F. No. 3377, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Walker moved that the rules be so far suspended that S. F. No. 3049 be substituted for H. F. No. 3377 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3070 and H. F. No. 3457, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Simon moved that S. F. No. 3070 be substituted for H. F. No. 3457 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3082 and H. F. No. 2940, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hortman moved that the rules be so far suspended that S. F. No. 3082 be substituted for H. F. No. 2940 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3089 and H. F. No. 2946, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hansen moved that the rules be so far suspended that S. F. No. 3089 be substituted for H. F. No. 2946 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9865

S. F. No. 3098 and H. F. No. 3397, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Atkins moved that the rules be so far suspended that S. F. No. 3098 be substituted for H. F. No. 3397 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3119 and H. F. No. 3456, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Tschumper moved that S. F. No. 3119 be substituted for H. F. No. 3456 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3130 and H. F. No. 3690, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Kalin moved that the rules be so far suspended that S. F. No. 3130 be substituted for H. F. No. 3690 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3132 and H. F. No. 3610, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Loeffler moved that the rules be so far suspended that S. F. No. 3132 be substituted for H. F. No. 3610 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3135 and H. F. No. 3654, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Winkler moved that the rules be so far suspended that S. F. No. 3135 be substituted for H. F. No. 3654 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3138 and H. F. No. 3438, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Thissen moved that the rules be so far suspended that S. F. No. 3138 be substituted for H. F. No. 3438 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9866

S. F. No. 3166 and H. F. No. 3564, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Walker moved that the rules be so far suspended that S. F. No. 3166 be substituted for H. F. No. 3564 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3174 and H. F. No. 3306, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Tillberry moved that S. F. No. 3174 be substituted for H. F. No. 3306 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3202 and H. F. No. 3309, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Pelowski moved that S. F. No. 3202 be substituted for H. F. No. 3309 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3203 and H. F. No. 3766, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Tillberry moved that the rules be so far suspended that S. F. No. 3203 be substituted for H. F. No. 3766 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3213 and H. F. No. 3435, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hosch moved that the rules be so far suspended that S. F. No. 3213 be substituted for H. F. No. 3435 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3214 and H. F. No. 3774, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Dominguez moved that the rules be so far suspended that S. F. No. 3214 be substituted for H. F. No. 3774 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9867

S. F. No. 3225 and H. F. No. 3576, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Madore moved that S. F. No. 3225 be substituted for H. F. No. 3576 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3227 and H. F. No. 3648, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hosch moved that the rules be so far suspended that S. F. No. 3227 be substituted for H. F. No. 3648 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3235 and H. F. No. 3553, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Simon moved that the rules be so far suspended that S. F. No. 3235 be substituted for H. F. No. 3553 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3256 and H. F. No. 3559, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Sailer moved that S. F. No. 3256 be substituted for H. F. No. 3559 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3263 and H. F. No. 3710, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Bunn moved that the rules be so far suspended that S. F. No. 3263 be substituted for H. F. No. 3710 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3268 and H. F. No. 3313, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Erickson moved that the rules be so far suspended that S. F. No. 3268 be substituted for H. F. No. 3313 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9868

S. F. No. 3303 and H. F. No. 3692, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Loeffler moved that the rules be so far suspended that S. F. No. 3303 be substituted for H. F. No. 3692 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3326 and H. F. No. 3361, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Faust moved that the rules be so far suspended that S. F. No. 3326 be substituted for H. F. No. 3361 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3336 and H. F. No. 3204, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Cornish moved that the rules be so far suspended that S. F. No. 3336 be substituted for H. F. No. 3204 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3337 and H. F. No. 3661, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hilty moved that the rules be so far suspended that S. F. No. 3337 be substituted for H. F. No. 3661 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3341 and H. F. No. 3718, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hornstein moved that the rules be so far suspended that S. F. No. 3341 be substituted for H. F. No. 3718 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9869

S. F. No. 3342 and H. F. No. 3683, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hilstrom moved that the rules be so far suspended that S. F. No. 3342 be substituted for H. F. No. 3683 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3362 and H. F. No. 3483, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Mullery moved that S. F. No. 3362 be substituted for H. F. No. 3483 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3372 and H. F. No. 3727, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Madore moved that the rules be so far suspended that S. F. No. 3372 be substituted for H. F. No. 3727 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3377 and H. F. No. 3572, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Smith moved that S. F. No. 3377 be substituted for H. F. No. 3572 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3397 and H. F. No. 3543, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Winkler moved that S. F. No. 3397 be substituted for H. F. No. 3543 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3446 and H. F. No. 3721, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Dittrich moved that S. F. No. 3446 be substituted for H. F. No. 3721 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9870

S. F. No. 3455 and H. F. No. 4007, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Atkins moved that the rules be so far suspended that S. F. No. 3455 be substituted for H. F. No. 4007 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3474 and H. F. No. 3831, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Magnus moved that S. F. No. 3474 be substituted for H. F. No. 3831 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3492 and H. F. No. 1625, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hosch moved that the rules be so far suspended that S. F. No. 3492 be substituted for H. F. No. 1625 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3508 and H. F. No. 3822, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Dominguez moved that the rules be so far suspended that S. F. No. 3508 be substituted for H. F. No. 3822 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3563 and H. F. No. 3579, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Norton moved that the rules be so far suspended that S. F. No. 3563 be substituted for H. F. No. 3579 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3571 and H. F. No. 3264, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Hilstrom moved that S. F. No. 3571 be substituted for H. F. No. 3264 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9871

S. F. No. 3622 and H. F. No. 3646, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Marquart moved that S. F. No. 3622 be substituted for H. F. No. 3646 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3647 and H. F. No. 3374, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Bunn moved that the rules be so far suspended that S. F. No. 3647 be substituted for H. F. No. 3374 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3756 and H. F. No. 3297, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Dettmer moved that the rules be so far suspended that S. F. No. 3756 be substituted for H. F. No. 3297 and that the House File be indefinitely postponed. The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 7, 2008

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Kelliher:

 

I have signed into law, with a number of line-item vetoes, the Capital Investment Bill, H. F. No. 380, Chapter No. 179.

 

I am very disappointed that the legislature ignored an understanding between my office and legislative leadership and my repeated warnings to abide by the state's longstanding debt limit. It is irresponsible to exceed the "credit card limit" that has been maintained by governors and legislators from both parties for the past 30 years. Doing so could jeopardize our state's strong credit rating and low interest rates. The overall limit is $885 million, including $60 million already allocated in the transportation bill. The legislature spent well beyond this figure.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9872

In addition, this bill reflects misplaced priorities. As just one example, I find it inconceivable that legislators would fund a brass band music lending library and yet provide no funding for a much needed new nursing facility at the Minneapolis Veterans Home.

 

As a result, I have exercised my line-item veto authority to remedy the situation to the best of my ability under the constraints of the bill as presented. These vetoes reduce the overall amount of general obligation bonding in the bill from $925 million to $717 million.

 

Reducing the bill to this level reflects my commitment to fiscal discipline and an attempt to prioritize important state projects.

 

The legislature should keep in mind that upholding the state's three percent debt service limit guideline is important to our overall fiscal well-being. Debt service is one of the fastest growing items in the general fund. Based on previously enacted bonding bills, the state's debt is projected to increase $239 million from the 2006-07 budget to the 2010-11 budget.

 

Below is a summary of the line-item vetoes within this bill.

 

Higher Education - University of Minnesota

 

My bonding recommendations included a significant amount for the University of Minnesota system. However, as with many categories in the bonding bill, the legislature exceeded it. I am supportive of the University of Minnesota's bioscience facilities request, but we must recognize that this multi-year commitment is a large, new state financial obligation and should be weighted against other capital projects requested by the University. Because the University is receiving an additional $219 million in state support for the biosciences initiative, I am vetoing the following two University projects:

 

Page 3, lines 3.18 to 3.21: An appropriation for $24,000,000 for a new Bell Museum of Natural History on the St. Paul Campus.

 

Page 4, lines 4.18 to 4.22: An appropriation for $2,000,000 for classroom renewal to renovate classrooms on the Crookston, Duluth, Morris, and Twin Cities campuses.

 

Higher Education - Minnesota State Colleges and Universities

 

The bill funds every campus-specific project requested by the Minnesota State Colleges and Universities system (MnSCU). Fully funding this large number of MnSCU requests puts an additional burden on the campuses and central office to reallocate funds from instructional purposes to debt service at a time when tuition is high and students want and deserve more results for their money. For this reason I am vetoing the following projects:

 

Page 7, lines 7.17 to 7.23: An appropriation for $11,000,000 to Lake Superior Community and Technical College to construct an addition to the Health and Science center and for a renovation.

 

Page 7, lines 7.24 to 7.32: An appropriation for $5,000,000 for shop space for the carpentry and industrial mechanical technology programs at Mesabi Range Community and Technical College, Eveleth.

 

Page 7, line 7.34 to page 8, line 8.6: An appropriation for $4,980,000 for renovation of two floors for classrooms and offices in the power plant building at Metropolitan State University.

 

Page 9, lines 9.28 to 9.32: An appropriation for $13,300,000 to North Hennepin Technical College to renovate and add space for the Center for Business and Technology.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9873

Page 13, lines 13.18 to 13.31: An appropriation for $3,625,000 to renovate classrooms and academic space at seven campuses within the MnSCU system.

 

Page 13, line 13.32 to page 14, line 14.6: An appropriation for $8,805,000 to acquire property at five campuses within the MnSCU system.

 

Other Projects

 

The following additional items of appropriation are vetoed for the reasons provided below:

 

Page 16, lines 16.26 to 16.33: A $240,000 appropriation for ISD 11, Anoka-Hennepin, to acquire land and to develop and restore wetland and native prairie habitat on the land. Providing an appropriation in the bonding bill for one particular school district's local project is contrary to the common understanding that districts fund those projects with their own resources.

 

Page 16, line 16.34 to page 17, line 17.33: A $16,000,000 appropriation for a capital loan to the Red Lake school district. The high school/middle school is the highest priority within Red Lake's request. However, funding this phase of the request requires $25.8 million. Since this level of funding has not been accomplished in this bill, the project should be postponed.

 

Page 34, line 34.32 to page 35, line 35.5: A $500,000 appropriation for the Wildlife Rehabilitation Center of Minnesota to retire loans and complete technology infrastructure. This appropriation sets a poor precedent. The bonding bill should not be used to repay a nonprofit entity for debt it has incurred in the past.

 

Page 35, lines 35.6 to 35.9: A $500,000 appropriation for environmental landscaping at the new Bell Museum. There is no need for this appropriation until the Bell Museum project is funded at some point in the future.

 

Page 36, line 36.34 to page 37, line 37.5: A $2,500,000 appropriation for a new wastewater reuse grant program. Since there are currently no projects identified to receive this level of funding, this new grant program for local governments is premature.

 

Amateur Sports Commission

 

The bill funds every regionally-specific project requested through the Amateur Sports Commission. These local projects are popular and important to local communities. However, finding will need to be provided by the local communities or at a time when they are more appropriate relative to the state's funding priorities and economic outlook. For this reason I am vetoing the following six projects:

 

Page 42, lines 42.20 to 42.23: An appropriation for $1,400,000 for asset preservation at the National Sports Center in Blaine.

 

Page 42, lines 42.24 to 42.31: An appropriation for $3,000,000 for the Phase 2 expansion of the National Volleyball Center in Rochester.

 

Page 42, line 42.32 to page 43, line 43.7: An appropriation for $125,000 to predesign the renovation of a building for a Metro North regional recreational amateur sports facility within the Rice Creek Corridor in Ramsey County.

 

Page 43, lines 43.8 to 43.20: An appropriation for $3,000,000 for the Northwestern Minnesota Regional Sports Center in Moorhead.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9874

Page 43, lines 43.21 to 43.27: An appropriation for $100,000 to predesign a St. Paul Regional Amateur Sports Facility in St. Paul.

 

Page 43, lines 43.28 to 43.32: An appropriation for $100,000 to predesign the Southwest Regional Amateur Sports Center in Marshall.

 

Local Public Safety facilities

 

The bill makes several appropriations to local governments for public safety facilities that are essentially local in nature or did not meet the Department of Public Safety's criteria. For this reason I am vetoing the following two projects:

 

Page 45, line 45.34, to page 46, line 46.8: An appropriation for $55,000 to predesign an emergency training administration center in Gonvick.

 

Page 46, lines 46.22 to 46.26: An appropriation for $125,000 for a new public safety facility in Nassau.

 

Department of Transportation

 

The bill makes appropriations to the Department of Transportation for projects that should be considered within a strategic and prioritized rail plan. As a result, I am vetoing the following:

 

Page 50, lines 50.11 to 50.24: An appropriation for $1,500,000 for the Northshore Express to provide intercity and passenger rail service between Duluth and the cities of Minneapolis and St. Paul.

 

Page 50, lines 50.25 to 51.18: An appropriation for $4,000,000 for environmental analysis and other planning for a high-speed rail line connecting St. Paul to Chicago.

 

Page 51, lines 51.19 to 51.22: An appropriation for $500,000 for predesign, preliminary engineering and analysis for a transit corridor between Rochester and St. Paul.

 

Page 51, lines 51.23 to 51.27: An appropriation for $2,000,000 for port development assistance.

 

Metropolitan Council

 

The bill makes significant appropriations to the Metropolitan Council, and to metro area counties and regional rail authorities, for transit projects that were requested individually by various local governments but which instead should be considered within a central plan. Many of the projects are also premature. Further, new transportation and transit dollars recently passed by the legislature should be considered as a funding source for these types of projects. For this reason I am vetoing the following projects:

 

Page 52, lines 52.17 to 52.25: An appropriation for $500,000 for a grant for preliminary engineering for the Bottineau Boulevard Transit Way corridor.

 

Page 53, lines 53.1 to 53.28: An appropriation for $70,000,000 for the Central Corridor Transit Way light rail transit line to connect downtown Minneapolis with downtown St. Paul.

 

Page 53, line 53.29 to page 54, line 54.5: An appropriation for $750,000 for a grant for predesign and preliminary engineering of transportation and transit improvements in the I-94 Corridor.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9875

Page 54, lines 54.6 to 54.12: An appropriation for $500,000 for predesign and preliminary engineering of light rail transit in the I-494 Corridor.

 

Page 54, lines 54.13 to 54.18: An appropriation for $500,000 for park-and-ride lots for the Red Rock Corridor transit way.

 

Page 54, lines 54.19 to 54.28: An appropriation for $500,000 for environmental studies and engineering of bus rapid transit or light rail transit for the Robert Street Corridor transit way.

 

Page 54, line 54.29, to page 55, line 2: An appropriation for $500,000 for a grant for park-and-ride or park-and-pool lots for the Rush Line Corridor transit way.

 

Page 55, line 55.3 to 55.11: An appropriation for $500,000 for a grant for a Draft Environmental Impact Statement and for preliminary engineering for the Southwest Corridor transit way.

 

Page 55, line 55.29, to page 56, line 56.4: An appropriation for $2,000,000 for planning and work related to multimodal improvements at the Union Depot in St. Paul. This would be in addition to $3.5 million already granted in 2006 for the same purpose.

 

Local Projects

 

The bill contains too many appropriations for specific local projects, which are funded while some statewide priority needs are disregarded. This is particularly evident in the sections of the bill that fund numerous metropolitan areas parks, trails and nature centers, and local amenities. For this reason I am vetoing the following projects:

 

Page 56, lines 56.18 to 56.24: An appropriation for $2,000,000 to remove and replace the old Cedar Avenue Bridge for bicycle commuters and recreational users.

 

Page 56, line 56.25 to 56.29: An appropriation for $11,000,000 for the Como Zoo in St. Paul to renovate the polar bear and gorilla exhibits.

 

Page 56, line 56.30, to page 57, line 2: An appropriation for $500,000 for a bicycle and pedestrian trail connecting the Fridley trail to the Mississippi Regional Trail corridor in Coon Rapids.

 

Page 57, lines 57.9 to 57.14: An appropriation for $600,000 for a grant for a bridge for the Grand Rounds Scenic Byway on St. Anthony Parkway.

 

Page 57, line 57.15 to page 58, line 58.12: An appropriation for $2,000,000 for lighting fixtures along the Grand Rounds Scenic Byway and to design a roadway to complete the Grand Rounds National Scenic Byway.

 

Page 58, lines 58.13 to 58.20: An appropriation for $100,000 to predesign the Heritage Village Park along the Mississippi River in Inver Grover Heights.

 

Page 58, lines 58.21 to 58.25: An appropriation for $100,000 to renovate the Mississippi River Swing Bridge between Inver Grove Heights and St. Paul Park for recreational use.

 

Page 58, lines 58.26 to 58.31: An appropriation for $450,000 for the Lower Afton Road Trail bicycle and pedestrian trail.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9876

Page 59, lines 59.17 to 59.23: An appropriation for $2,000,000 for the National Great River Park along the Mississippi River in St. Paul.

 

Page 59, lines 59.24 to 59.33: An appropriation for $3,800,000 for river park development and redevelopment infrastructure in National Great River Park along the Mississippi River in St. Paul.

 

Page 59, line 59.34 to page 60, line 60.6: An appropriation for $2,183,000 to design and develop the Rice Creek North Regional Trail from Lino Lakes to Shoreview.

 

Page 60, lines 60.7 to 60.12: An appropriation for $2,500,000 for the redevelopment and expansion of the Springbrook Nature Center.

 

Page 61, lines 61.29 to 61.34: An appropriation for $2,000,000 for the Early Childhood Learning and Child Protection Facilities grant program in the Department of Human Services. The agency did not request funding for this existing program, and it should not be funded when other priority projects requested by the agency were not adequately funded.

 

Page 65, line 65.32 to page 66, line 66.7: An appropriation for $500,000 for a grant to the city of Floodwood. This project should instead apply and be considered for funding on an equal footing with other projects seeking grants through the Greater Minnesota Business Development Infrastructure grant program.

 

Page 67, lines 67.13 to 67.20: An appropriation for $750,000 for a grant to St. Louis County for infrastructure from the city of Chisholm to the regional competition and exhibit center.

 

Page 68, lines 68.22 to 68.25: An appropriation for $250,000 to Hibbing to renovate the Memorial Building.

 

Page 69, lines 69.7 to 69.18: An appropriation for $975,000 for Mankato to predesign and design a performing arts center and the Southern Minnesota Women's Hockey Exposition Center.

 

Page 69, lines 69.19 to 69.24: An appropriation for $3,000,000 for Minneapolis to predesign the renovation of Orchestra Hall and Peavey Plaza.

 

Page 70, lines 70.21 to 70.30: An appropriation for $5,000,000 for the St. Paul Housing and Redevelopment Authority for an Asian Pacific Cultural Center project.

 

Page 76, lines 76.8 to 76,12: An appropriation for $400,000 for the city of Chatfield for a brass band music lending library. This project should instead apply and be considered for funding on an equal footing with other projects seeking grants through the County and Local Preservation grants program.

 

Changes Related to Previous Bonding

 

Page 105, line 105.20 and 105.24 to 105.27: I am vetoing the language change which redirects $900,000 in bonding authority previously authorized. My item veto will restore the original appropriation requirement that the rail-related money be used only for matching federal funds.

 

As the legislature finishes its work during the remaining weeks of this session, I am hopeful that we will be able to work together constructively toward an outcome that is in the best interest of our state and maintains our commitment to fiscal discipline.

 

 

Sincerely,

 

Tim Pawlenty

Governor


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9877

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

I have the honor to inform you that the following enrolled Act of the 2008 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2008

 

Date Filed

2008

 

380* 179 3:10 p.m. April 7 April 7

 

 

Sincerely,

 

Mark Ritchie

Secretary of State

 

[NOTE: * Indicates that H. F. No. 380 contains line item vetoes.]

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 2987, A bill for an act relating to motor fuels; modifying definition of biodiesel; increasing minimum biodiesel content; creating tiered biodiesel content goal; requiring notice, a proposal, and recommendations to the legislature; appropriating money; amending Minnesota Statutes 2006, section 239.77, as amended; Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter 62, sections 3 and 4, is amended to read:

 

239.77 BIODIESEL CONTENT MANDATE.

 

Subdivision 1. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible liquid fuel that is derived from agricultural or other plant oils or animal fats and; that meets American Society For Testing and Materials specification D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels; and that is manufactured by a person certified by the BQ-9000 National Biodiesel Accreditation Program.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9878

Subd. 2. Minimum content. (a) Except as otherwise provided in this section, all diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines must contain at least 2.0 percent the stated percentage of biodiesel fuel oil by volume. on and after the following dates:

 

(1)

September 29, 2005

2 percent

 

(2)

May 1, 2009

5 percent

 

(3)

May 1, 2012

10 percent

 

(4)

May 1, 2015

20 percent

 

The minimum content levels in clauses (3) and (4) are effective during the months of April, May, June, July, August, September, and October only. The minimum content for the remainder of the year is five percent. However, if the commissioners of agriculture, commerce, and pollution control determine, after consultation with the biodiesel task force and other technical experts, that an American Society for Testing and Materials specification or equivalent federal standard exists for the specified biodiesel blend level in those clauses that adequately addresses technical issues associated with Minnesota's cold weather and publish a notice in the State Register to that effect, the commissioners may allow the specified biodiesel blend level in those clauses to be effective year-round.

 

(b) The minimum content levels in paragraph (a), clauses (3) and (4), become effective on the date specified only if the commissioners of agriculture, commerce, and pollution control publish notice in the State Register and provide written notice to the chairs of the house of representatives and senate committees with jurisdiction over agriculture, commerce, and transportation policy and finance, at least 270 days prior to the date of each scheduled increase, that all of the following conditions have been met and the state is prepared to move to the next scheduled minimum content level:

 

(1) an American Society for Testing and Materials specification or equivalent federal standard exists for the next minimum diesel-biodiesel blend;

 

(2) a sufficient supply of biodiesel is available and the amount of biodiesel produced in this state is equal to at least 50 percent of anticipated demand at the next minimum content level; and

 

(3) adequate blending infrastructure and regulatory protocol are in place in order to promote biodiesel quality and avoid any potential economic disruption.

 

(c) The commissioners of agriculture, commerce, and pollution control must consult with the biodiesel task force when assessing and certifying conditions in paragraph (b), and in general must seek the guidance of the biodiesel task force regarding biodiesel labeling, enforcement, and other related issues.

 

(d) During a period of biodiesel fuel shortage or a problem with biodiesel quality that negatively affects the availability of biodiesel fuel, the commissioner of commerce may temporarily suspend the minimum content requirement in this subdivision until there is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum content requirement.

 

(e) By February 1, 2012, and periodically thereafter, the commissioner of commerce shall determine the wholesale diesel price at various pipeline and refinery terminals in the region, and the biodiesel price determined after any applicable per-gallon federal tax credit is subtracted at biodiesel plants in the region. The commissioner shall report wholesale price differences to the governor who, after consultation with the commissioners of commerce and agriculture, may by executive order adjust the biodiesel mandate if a price disparity reported by the commissioner will cause economic hardship to retailers of diesel fuel in this state. Any adjustment must be for a specified period of time, after which the percentage of biodiesel fuel to be blended into diesel fuel returns to the amount required in this subdivision. The biodiesel mandate must not be adjusted to less than five percent.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9879

Subd. 3. Exceptions. (a) The minimum content requirement requirements of subdivision 2 does do not apply to fuel used in the following equipment:

 

(1) motors located at an electric generating plant regulated by the Nuclear Regulatory Commission;

 

(2) railroad locomotives; and

 

(3) off-road taconite and copper mining equipment and machinery.;

 

(4) off-road logging equipment and machinery; and

 

(5) vehicles and equipment used exclusively on an aircraft landing field.

 

(b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear Regulatory Commission has approved the use of biodiesel fuel in motors at electric generating plants under its regulation.

 

(c) This subdivision expires May 1, 2012.

 

Subd. 4. Disclosure. A refinery or terminal shall provide, at the time diesel fuel is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest to the person who receives the fuel. For biodiesel-blended products, the bill of lading or shipping manifest must disclose biodiesel content, stating volume percentage, gallons of biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation where "xx" denotes the volume percent biodiesel included in the blended product. This subdivision does not apply to sales or transfers of biodiesel blend stock between refineries, between terminals, or between a refinery and a terminal.

 

Subd. 5. Annual Report. Beginning in 2009, the commissioner of agriculture shall report by January 15 of each year to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over agriculture policy and finance regarding the implementation of the minimum content requirements in subdivision 2, including information about the price and supply of biodiesel fuel. The report must include any written comments received from members of the biodiesel fuel task force by January 1 of that year.

 

Sec. 2. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a, is amended to read:

 

Subd. 8a. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats and that meets American Society for Testing and Materials specification D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels has the meaning given in section 239.77, subdivision 1.

 

Sec. 3. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.

 

The commissioners of finance, commerce, and pollution control shall develop and submit to the legislature as part of their next biennial budget request a proposal for eliminating, to the extent feasible, redundant fuel inspections and dedicating, to the extent feasible, all revenue from the petroleum inspection fee levied on petroleum products under Minnesota Statutes, section 239.101, subdivision 3, to the Weights and Measures Division of the Department of Commerce. All additional funding appropriated to the Weights and Measures Division under this proposal must be used for increased and enhanced fuel quality assurance enforcement activities and equipment and for educational activities focused on the handling, distribution, and use of biodiesel fuel.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9880

Sec. 4. BIO-BASED DIESEL ALTERNATIVES.

 

(a) By January 1, 2011, the commissioners of agriculture, commerce, and pollution control shall jointly review the technology, economics, and operational characteristics associated with bio-based diesel alternatives and shall make recommendations concerning their use in Minnesota to the governor and the chairs of the house of representatives and senate committees with jurisdiction over agriculture and energy finance.

 

(b) For the purposes of this section, "bio-based diesel alternatives" means alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine without modification and derived from a biological resource.

 

Sec. 5. TECHNICAL COLD WEATHER ISSUES.

 

The commissioners of agriculture and commerce shall convene technical stakeholders who are experts in cold weather biodiesel and petroleum diesel issues to consider and make recommendations regarding improvements in the production, blending, handling, and distribution of biodiesel blends to further ensure the performance of these fuels in cold weather. The commissioners shall issue a report on these issues by January 15, 2009, to the chairs of the house of representatives and senate committees with jurisdiction over agriculture and commerce policy and finance."

 

Delete the title and insert:

 

"A bill for an act relating to motor fuels; modifying definition of biodiesel; increasing minimum biodiesel content; creating tiered biodiesel content goal; requiring notice, a proposal, and recommendations to the legislature; appropriating money; amending Minnesota Statutes 2006, section 239.77, as amended; Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3032, A bill for an act relating to state lands; modifying Minnesota critical habitat private sector matching account; modifying outdoor recreation system; adding to and deleting from state parks, recreation areas, and forests; providing for public and private sales, conveyances, and exchanges of certain state land; authorizing 30-year leases of tax-forfeited and other state lands for wind energy projects; amending Minnesota Statutes 2006, sections 84.943, subdivision 5; 86A.04; 86A.08, subdivision 1; Laws 2006, chapter 236, article 1, section 43.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 84.943, subdivision 5, is amended to read:

 

Subd. 5. Pledges and contributions. The commissioner of natural resources may accept contributions and pledges to the critical habitat private sector matching account. A pledge that is made contingent on an appropriation is acceptable and shall be reported with other pledges as required in this section. The commissioner may agree to match a contribution contingent on a future appropriation. In the budget request for each biennium, the commissioner shall report the balance of contributions in the account and the amount that has been pledged for payment in the succeeding two calendar years.


Journal of the House - 101st Day - Thursday, April 10, 2008 - Top of Page 9881

Money in the account is appropriated to the commissioner of natural resources only for the direct acquisition or improvement of land or interests in land as provided in section 84.944. To the extent of available appropriations other than bond proceeds, the money matched to the nongame wildlife management account may be used for the management of nongame wildlife projects as specified in section 290.431. Acquisition includes: (1) purchase of land or an interest in land by the commissioner; or (2) acceptance by the commissioner of gifts of land or interests in land as program projects.

 

Sec. 2. Minnesota Statutes 2006, section 86A.04, is amended to read:

 

86A.04 COMPOSITION OF SYSTEM.

 

The outdoor recreation system shall consist of all state parks; state recreation areas; state trails established pursuant to sections 84.029, subdivision 2, 85.015, 85.0155, and 85.0156; state scientific and natural areas; state wilderness areas; state forests; state wildlife management areas; state aquatic management areas; state water access sites, which include all lands and facilities established by the commissioner of natural resources or the commissioner of transportation to provide public access to water; state wild, scenic, and recreational rivers; state historic sites; state rest areas, which include all facilities established by the commissioner of transportation for the safety, rest, comfort and use of the highway traveler, and shall include all existing facilities designated as rest areas and waysides by the commissioner of transportation; and any other units not listed in this section that are classified under section 86A.05. Each individual state park, state recreation area, and so forth is called a "unit."

 

Sec. 3. Minnesota Statutes 2006, section 86A.08, subdivision 1, is amended to read:

 

Subdivision 1. Secondary authorization; when permitted. A unit of the outdoor recreation system may be authorized wholly or partially within the boundaries of another unit only when the authorization is consistent with the purposes and objectives of the respective units and only in the instances permitted below:

 

(a) The following units may be authorized wholly or partially within a state park: historic site, scientific and natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic management area, and water access site.

 

(b) The following units may be authorized wholly or partially within a state recreation area: historic site, scientific and natural area, wild, scenic, and recreational river, trail, rest area, aquatic management area, wildlife management area, and water access site.

 

(c) The following units may be authorized wholly or partially within a state forest: state park, state recreation area, historic site, wildlife management area, scientific and natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic management area, and water access site.

 

(d) The following units may be authorized wholly or partially within a state historic site: wild, scenic, and recreational river, trail, rest area, aquatic management area, and water access site.

 

(e) The following units may be authorized wholly or partially within a state wildlife management area: state water access site and aquatic management area.

 

(f) The following units may be authorized wholly or partially within a state wild, scenic, or recreational river: state park, historic site, scientific and natural area, wilderness area, trail, rest area, aquatic management area, and water access site.

 

(g) The following units may be authorized wholly or partially within a state rest area: historic site, trail, wild, scenic, and recreational river, aquatic management area, and water access site.


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(h) The following units may be authorized wholly or partially within an aquatic management area: historic site, scientific and natural area, wild, scenic, and recreational river, and water access site.

 

Sec. 4. Minnesota Statutes 2006, section 282.04, subdivision 4a, is amended to read:

 

Subd. 4a. Private easements. (a) A county board may convey a road easement across unsold tax-forfeited land to an individual a person, as defined under section 645.44, subdivision 7, requesting an easement for access to private property owned by the individual person if:

 

(1) there are no reasonable alternatives to obtain access to the individual's person's property; and

 

(2) exercising the easement will not cause significant adverse environmental or natural resource management impacts.

 

(b) The county auditor shall require an individual a person applying for an easement under paragraph (a) to pay the appraised value of the easement. The conveyance must provide that the easement reverts to the state in trust for the taxing district in the event of nonuse.

 

Sec. 5. Laws 2006, chapter 236, article 1, section 43, is amended to read:

 

Sec. 43. LAND REPLACEMENT TRUST FUND; ITASCA COUNTY.

 

Notwithstanding the provisions of Minnesota Statutes, chapter 282, and any other law relating to the apportionment of proceeds from the sale or lease of tax-forfeited land, Itasca County must apportion the first $1,000,000 received from the sale or lease of tax-forfeited lands within Minnesota Steel Industries permit to mine area near Nashwauk, Minnesota, as provided in Laws 1965, chapter 326, section 1, as amended. Any remaining proceeds received from the sale or lease must be deposited into a tax-forfeited land replacement trust fund established by Itasca County under this section. The principal and interest from this fund may be spent only on the purchase of lands to replace the tax-forfeited lands sold to Minnesota Steel Industries. Lands purchased with the land replacement fund must:

 

(1) become subject to trust in favor of the governmental subdivision wherein they lie and all laws related to tax-forfeited lands; and

 

(2) be for forest management purposes and dedicated as memorial forest under Minnesota Statutes, section 459.06, subdivision 2.

 

EFFECTIVE DATE. This section is effective the day after compliance with Minnesota Statutes, section 645.021, subdivision 3, by the governing body of Itasca County.

 

Sec. 6. ADDITIONS TO STATE PARKS.

 

Subdivision 1. [85.012] [Subd. 9.] Buffalo River State Park, Clay County. The following area is added to Buffalo River State Park, all in Section 11, Township 139 North, Range 46, Clay County: That part of the Southeast Quarter of Section 11, described as follows: Beginning at the southwest corner of the Southeast Quarter of said Section 11; thence North 00 degrees 13 minutes 06 seconds East (assumed bearing), along the westerly line of the Southeast Quarter of said Section 11, for a distance of 503.33 feet; thence South 89 degrees 25 minutes 32 seconds East for a distance of 200.00 feet; thence North 00 degrees 13 minutes 06 seconds East, parallel to the westerly line of the Southeast Quarter of said Section 11, for a distance of 457.87 feet; thence South 89 degrees 44 minutes 18 seconds East for a distance of 323.00 feet; thence South 48 degrees 16 minutes 47 seconds East for a distance of 89.46 feet; thence South 29 degrees 17 minutes 10 seconds East for a distance of 1,035.56 feet to a point of


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intersection with the southerly line of the Southeast Quarter of said Section 11; thence North 89 degrees 44 minutes 18 seconds West, along the southerly line of the Southeast Quarter of said Section 11, for a distance of 1,100.00 feet to the point of beginning. Said tract of land contains 16.133 acres, more or less, and is subject to the following described ingress-egress easement: A 30.00-foot strip of land for purposes of ingress and egress centered along the following described line: Commencing at the southwest corner of the Southeast Quarter of Section 11, Township 139 North, Range 46 West, Fifth Principal Meridian, Clay County, Minnesota; thence North 00 degrees 13 minutes 06 seconds East (assumed bearing), along the westerly line of the Southeast Quarter of said Section 11, for a distance of 15.00 feet to the true point of beginning; thence South 89 degrees 44 minutes 18 seconds East, parallel to and 15.00 feet northerly of the southerly line of the Southeast Quarter of said Section 11, for a distance of 797.03 feet; thence North 22 degrees 07 minutes 20 seconds East for a distance of 327.76 feet and there terminating.

 

Subd. 2. [85.012] [Subd. 21.] Frontenac State Park, Goodhue County. The following areas are added to Frontenac State Park, Goodhue County:

 

(1) all that part of Government Lot 4, and all that part of the Southwest Quarter of the Southeast Quarter and of the Southeast Quarter of the Southwest Quarter, all in Section 2, Township 112 North, Range 13 West, described as follows, to-wit: Beginning at the point of intersection of the east and west center line of said Section 2 with the line of the west shore of Lake Pepin, running thence West 6 chains; thence South 33 degrees 15 minutes West 9.60 chains; thence South 41 degrees West 5.54 chains; thence South 51 degrees 15 minutes West 4.32 chains; thence South 65 degrees 15 minutes West 4 chains; thence South 70 degrees 45 minutes West 11.27 chains to a rock in Glenway Street in the village of Frontenac; thence South 48 degrees 30 minutes East 4.72 chains to the north and south center line of said section; thence South 39 degrees 10 minutes East 11.14 chains; thence South 32 degrees 30 minutes East 8.15 chains to the north line of Waconia Avenue in said Frontenac; thence North 42 degrees 50 minutes East 5.15 chains; thence North 23 degrees 50 minutes East 2.75 chains; thence North 9 degrees 20 minutes East 7.90 chains; thence North 20 degrees 20 minutes East 4.64 chains; thence North 52 degrees West 3.80 chains; thence North 20 degrees 20 minutes East 18.40 chains to the east line of said Mill Street in said Frontenac; thence South along the east line of said Mill Street 3.76 chains to the north line of Lot 8 in Block 13 in said Frontenac; thence along said north line to the shore of Lake Pepin; thence along the shore of said lake 1.50 chains to the point of beginning, containing in all 35.67 acres of land, more or less. Excepting therefrom all that part of Government Lot 4, Section 2, Township 112 North, Range 13 West, described, as follows: Beginning on the shore of Lake Pepin at the northeast corner of Lot 8 in Block 13 of the town of Frontenac, running thence westerly along the north line of said lot to the northwest corner thereof; thence northerly along the easterly line of Mill Street in said town of Frontenac 215 feet, more or less, to its intersection with the north line of said Government Lot 4; thence East along the north line of said Government Lot 4 to low water mark on shore of Lake Pepin; thence southerly along the low water mark of Lake Pepin to the place of beginning. Also excepting that part of Government Lot 4, Section 2, Township 112 North, Range 12 West, which lies West of Undercliff Street in said village, North of the southerly line of said Lot 1, Block 14, prolonged westerly, and East of a line beginning 6 chains West of the intersection of the east and west center line of said Section 2 with the west shore of Lake Pepin, being the point of intersection of the west line of said Undercliff Street and said east and west center line; thence South 33 degrees 15 minutes West 9.60 chains, being a triangular piece of land; all of Block 14, except Lot 1 of said Block 14; Lots 11, 12, 13, 14, 15, 16, 17, 18, and 19 of Block 15, except so much of Lot 11 in said Block 15 (in a triangular form) as lies between the west end of Lots 2 and 3 of said Block 15 and the east line of Bluff Street, all in the town of Frontenac according to the accepted and recorded map of said town of Frontenac now on file and of record in the Office of the Register of Deeds in and for said County of Goodhue;

 

(2) that part of the West Half of the Northeast Quarter of Section 6, Township 112 North, Range 13 West, Goodhue County, Minnesota, described as follows: Commencing at the northeast corner of the West Half of the Northeast Quarter of said Section 6; thence South 01 degree 11 minutes 39 seconds East, assumed bearing, along the east line of said West Half of the Northeast Quarter of Section 6, a distance of 1,100.00 feet to the point of beginning of the land to be described; thence North 01 degree 11 minutes 39 seconds West, along said east line, a distance of 400.00 feet; thence South 89 degrees 01 minute 10 seconds West, a distance of 442.03 feet; thence


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southwesterly, a distance of 534.99 feet along a nontangential curve concave to the northwest having a radius of 954.93 feet, a central angle of 33 degrees 53 minutes 57 seconds, and a chord that bears South 42 degrees 45 minutes 42 seconds West; thence South 59 degrees 42 minutes 41 seconds West, tangent to said curve, a distance of 380.00 feet to the centerline of State Highway 61, as now located and established; thence southeasterly, along said centerline of State Highway 61, a distance of 160 feet, more or less, to the intersection with a line bearing South 73 degrees 00 minutes 00 seconds West from the point of beginning; thence North 73 degrees 00 minutes 00 seconds East, to the point of beginning. Together with a 50.00-foot wide driveway and utility easement, which lies northwesterly and adjoins the northwesterly line of the above described property; and

 

(3) that part of the West Half of the Northeast Quarter of Section 6, Township 112 North, Range 13 West, Goodhue County, described as follows: Commencing at the northeast corner of the West Half of the Northeast Quarter of said Section 6; thence South 01 degree 11 minutes 39 seconds East, assumed bearing, along the east line of said West Half of the Northeast Quarter of Section 6, a distance of 1,100.00 feet to the point of beginning of the land to be described; thence South 73 degrees 00 minutes 00 seconds West, to the centerline of State Highway 61, as now located and established; thence southeasterly, along said centerline of State Highway 61, to the south line of said West Half of the Northeast Quarter of Section 6; thence North 88 degrees 34 minutes 56 seconds East, along said south line, to the southeast corner of said West Half of the Northeast Quarter of Section 6; thence North 01 degree 11 minutes 39 seconds West, a distance of 1,902.46 feet to the point of beginning.

 

Subd. 3. [85.012] [Subd. 44.] Monson Lake State Park, Swift County. The following area is added to Monson Lake State Park, Swift County: the Northeast Quarter of Section 1, Township 121 North, Range 37 West.

 

Subd. 4. [85.012] [Subd. 51.] Savanna Portage State Park, Aitkin and St. Louis Counties. The following areas are added to Savanna Portage State Park: the Southwest Quarter of the Northeast Quarter, the Southeast Quarter of the Northwest Quarter, Government Lot 2, and Government Lot 3, all in Section 13, Township 50 North, Range 23 West, Aitkin County.

 

Subd. 5. [85.012] [Subd. 52.] Scenic State Park, Itasca County. The following areas are added to Scenic State Park: Government Lot 3, Government Lot 4, the Northeast Quarter of the Northwest Quarter, and the Southeast Quarter of the Northwest Quarter, all in Section 7, Township 60 North, Range 25 West, Itasca County.

 

Subd. 6. [85.012] [Subd. 53a.] Soudan Underground Mine State Park, St. Louis County. The following area is added to Soudan Underground Mine State Park: the Northeast Quarter of the Northeast Quarter, Section 29, Township 62 North, Range 15 West, St. Louis County.

 

Subd. 7. [85.012] [Subd. 60.] William O'Brien State Park, Washington County. The following areas are added to William O'Brien State Park, Washington County:

 

(1) Lot 1, Block 1, and Outlots A and B, Spring View Acres according to the plat on file and of record in the Office of the Recorder for Washington County;

 

(2) the South 200.00 feet of the North 1,326.20 feet of the West One-Half of the Southeast Quarter, Section 36, Township 32 North, Range 20 West; and

 

(3) that part of the Northeast Quarter of the Southwest Quarter lying west of Highway 95 (St. Croix Trail North) in Section 31, Township 32 North, Range 19 West.

 

Sec. 7. DELETIONS FROM STATE PARKS.

 

Subdivision 1. [85.012] [Subd. 21.] Frontenac State Park, Goodhue County. The following areas are deleted from Frontenac State Park, all in Township 112 North, Range 13 West, Goodhue County:


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(1) that part of the East Half, Section 11, and that part of the Southwest Quarter, Section 12, being described as BLOCK's O, F, H, G, and L, GARRARD'S SOUTH EXTENSION TO FRONTENAC according to the plat on file and of record in the Office of the Recorder for Goodhue County, Minnesota. Including all of those parts of vacated Birch Way and Birch Way South situated in GARRARD'S SOUTH EXTENSION TO FRONTENAC lying southerly of vacated Ludlow Avenue and northerly of Winona Avenue;

 

(2) that part of the Northeast Quarter, Section 11, being described as BLOCK 70, WESTERVELT (also known as the town of Frontenac) according to the plat on file and of record in the Office of the Recorder for Goodhue County, Minnesota;

 

(3) that part of the Northeast Quarter, Section 11, being described as Lots 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16, BLOCK 69, WESTERVELT (aka town of Frontenac) according to the plat on file and of record in the Office of the Recorder for Goodhue County, Minnesota;

 

(4) that part of the Northeast Quarter, Section 11, being described as BLOCK 67, WESTERVELT (aka town of Frontenac) according to the plat on file and of record in the Office of the Recorder for Goodhue County, Minnesota. Including the South 30 feet of Graham Street lying adjacent to and northerly of Lots 1 and 16, BLOCK 67 of said plat of WESTERVELT;

 

(5) that part of the Northeast Quarter, Section 11, being described as BLOCK 66, WESTERVELT (aka town of Frontenac) according to the plat on file and of record in the Office of the Recorder for Goodhue County, Minnesota; and

 

(6) that part of the Northeast Quarter, Section 11, being described as those parts of Lots 1 and 9 in BLOCK 65 of the town of Frontenac lying adjacent to and northerly of the southerly 50 feet of said Lots 1 and 9 according to the plat on file and of record in the Office of the Recorder for Goodhue County, Minnesota.

 

Subd. 2. [85.012] [Subd. 30.] Jay Cooke State Park, Carlton County. Effective upon the commissioner of natural resources entering into an agreement with the commissioner of military affairs to transfer the property for use as a veterans cemetery, the following areas are deleted from Jay Cooke State Park:

 

(a) the Northeast Quarter of the Southeast Quarter lying southerly of the railroad right-of-way, Section 21, Township 48 North, Range 16 West;

 

(b) the Northwest Quarter of the Southwest Quarter lying southerly of the railroad right-of-way, Section 22, Township 48 North, Range 16 West; and

 

(c) the East 2 rods of the Southwest Quarter of the Southwest Quarter, Section 22, Township 48 North, Range 16 West.

 

Subd. 3. [85.012] [Subd. 35.] Lake Carlos State Park, Douglas County. The following area is deleted from Lake Carlos State Park: that part of Government Lot 2, being described as EHLERT'S ADDITION according to the plat on file and of record in the Office of the Recorder for Douglas County, Minnesota, Section 10, Township 129 North, Range 37 West, Douglas County.

 

Subd. 4. [85.012] [Subd. 38.] Lake Shetek State Park, Murray County. The following areas are deleted from Lake Shetek State Park:

 

(1) Blocks 3 and 4 of Forman Acres according to the plat on file and of record in the Office of the Recorder for Murray County;


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(2) the Hudson Acres subdivision according to the plat on file and of record in the Office of the Recorder for Murray County; and

 

(3) that part of Government Lot 6 and that part of Government Lot 7 of Section 6, Township 107 North, Range 40 West, and that part of Government Lot 1 and that part of Government Lot 2 of Section 7, Township 107 North, Range 40 West, Murray County, Minnesota, described as follows: Commencing at the East Quarter Corner of said Section 6; thence on a bearing based on the 1983 Murray County Coordinate System (1996 Adjustment), of South 00 degrees 22 minutes 05 seconds East 1405.16 feet along the east line of said Section 6; thence North 89 degrees 07 minutes 01 second West 1942.39 feet; thence South 03 degrees 33 minutes 00 seconds West 94.92 feet to the northeast corner of Block 5 of FORMAN ACRES, according to the recorded plat thereof on file and of record in the Murray County Recorder's Office; thence South 14 degrees 34 minutes 00 seconds West 525.30 feet along the easterly line of said Block 5 and along the easterly line of the Private Roadway of FORMAN ACRES to the southeasterly corner of said Private Roadway and the POINT OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West 796.30 feet along the southerly line of said Private Roadway to an angle point on said line and an existing 1/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds West 100.06 feet along the southerly line of said Private Roadway to an angle point on said line and an existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds West 279.60 feet along the southerly line of said Private Roadway to an angle point on said line; thence South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly line of said Private Roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN DNR LS 17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West 470.40 feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West 262.69 feet to a DNR MON; thence South 08 degrees 07 minutes 09 seconds West 332.26 feet to a DNR MON; thence North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east line of Lot A of Lot 1 of LOT A OF GOV. LOT 8, OF SEC. 6 AND LOT A OF GOV. LOT 1, OF SEC 7 TP. 107 RANGE 40, according to the recorded plat thereof on file and of record in the Murray County Recorder's Office and a DNR MON; thence South 14 degrees 28 minutes 55 seconds West 71.98 feet along the east line of said Lot A to the northerly most corner of Lot 36 of HUDSON ACRES, according to the recorded plat thereof on file and of record in the Murray County Recorder's Office and an existing steel fence post; thence South 51 degrees 37 minutes 05 seconds East 418.97 feet along the northeasterly line of said Lot 36 and along the northeasterly line of Lots 35,34,33,32 of HUDSON ACRES to an existing 1 inch inside diameter iron pipe marking the easterly most corner of Lot 32 and the most northerly corner of Lot 31A of HUDSONS ACRES; thence South 48 degrees 33 minutes 10 seconds East 298.26 feet along the northeasterly line of said Lot 31A to an existing 11/2 inch inside diameter iron pipe marking the easterly most corner thereof and the most northerly corner of Lot 31 of HUDSONS ACRES; thence South 33 degrees 53 minutes 30 seconds East 224.96 feet along the northeasterly line of said Lot 31 and along the northeasterly line of Lots 30 and 29 of HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking the easterly most corner of said Lot 29 and the most northerly corner of Lot 28 of HUDSONS ACRES; thence South 45 degrees 23 minutes 54 seconds East 375.07 feet along the northeasterly line of said Lot 28 and along the northeasterly line of Lots 27,26,25,24 of HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking the easterly most corner of said Lot 24 and the most northerly corner of Lot 23 of HUDSON ACRES; thence South 64 degrees 39 minutes 53 seconds East 226.80 feet along the northeasterly line of said Lot 23 and along the northeasterly line of Lots 22 and 21 of HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking the easterly most corner of said Lot 21 and the most northerly corner of Lot 20 of HUDSON ACRES; thence South 39 degrees 49 minutes 49 seconds East 524.75 feet along the northeasterly line of said Lot 20 and along the northeasterly line of Lots 19,18,17,16,15,14 of HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking the easterly most corner of said Lot 14 and the most northerly corner of Lot 13 of HUDSON ACRES; thence South 55 degrees 31 minutes 43 seconds East 225.11 feet along the northeasterly line of said Lot 13 and along the northeasterly line of Lots 12 and 11 of HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking the easterly most corner of said Lot 11 and the northwest corner of Lot 10 of HUDSON ACRES; thence South 88 degrees 03 minutes 49 seconds East 224.90 feet along the north line of said Lot 10 and along the north line of Lots 9 and 8 of HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking the northeast corner of said Lot 8 and the northwest corner of Lot 7 of HUDSON ACRES; thence North 84 degree 07 minutes 37 seconds East 525.01 feet along the north line of said Lot 7 and along the north line of Lots 6,5,4,3,2,1 of


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HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking the northeast corner of said Lot 1 of HUDSON ACRES; thence southeasterly, easterly and northerly along a non-tangential curve concave to the north having a radius of 50.00 feet, central angle 138 degrees 41 minutes 58 seconds, a distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12 seconds East; thence continuing northwesterly and westerly along the previously described curve concave to the south having a radius of 50.00 feet, central angle 138 degrees 42 minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47 seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40 seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds West 196.66 feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West 530.34 feet to a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01 feet to a DNR MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet to a DNR MON; thence North 33 degrees 53 minutes 32 seconds West 226.66 feet to a DNR MON; thence North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR MON; thence North 08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON; thence North 24 degrees 09 minutes 58 seconds East 257.86 feet to a DNR MON; thence North 16 degrees 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence North 76 degrees 04 minutes 53 seconds East 715.53 feet to a DNR MON; thence North 33 degrees 01 minute 32 seconds East 282.54 feet to a DNR MON; thence North 64 degrees 28 minutes 25 seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15 minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees 45 minutes 07 seconds East 26.00 feet to the point of beginning; containing 7.55 acres.

 

Subd. 5. [85.012] [Subd. 44a.] Moose Lake State Park, Carlton County. The following areas are deleted from Moose Lake State Park, all in Township 46 North, Range 19 West, Carlton County:

 

(1) Parcel A: the West 660.00 feet of the Southwest Quarter of the Northeast Quarter of Section 28;

 

(2) Parcel B: the West 660.00 feet of the Northwest Quarter of the Southeast Quarter of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the centerline of State Trunk Highway 73, and subject to a taking for highway purposes of a 100.00-foot wide strip for access and also subject to highway and road easements;

 

(3) Parcel C: the West 660.00 feet of the Southwest Quarter of the Southeast Quarter of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the centerline of State Trunk Highway 73, and subject to taking for highway purposes of a road access under S.P. 0919 (311-311) 901 from State Trunk Highway 73 to old County Road 21, said access being 100.00 feet in width with triangular strips of land adjoining it at the northerly line of State Trunk Highway 73, and subject to highway and road easements;

 

(4) Parcel G: that part of Government Lot 1 of Section 28, which lies northerly of the westerly extension of the northerly line of the Southwest Quarter of the Northeast Quarter of said Section 28, and southerly of the westerly extension of the northerly line of the South 660.00 feet of the Northwest Quarter of the Northeast Quarter of said Section 28;

 

(5) Parcel H: the South 660.00 feet of the Northwest Quarter of the Northeast Quarter of Section 28;

 

(6) Parcel I: the Southwest Quarter of the Northeast Quarter of Section 28, except the West 660.00 feet of said Southwest Quarter; and

 

(7) Parcel J: that part of the North One-Half of the Southeast Quarter of Section 28, described as follows: Commencing at the northwest corner of said North One-Half of the Southeast Quarter; thence South 89 degrees 57 minutes 36 seconds East along the north line of said North One-Half of the Southeast Quarter a distance of 660.01 feet to the east line of the West 660.00 feet of said North One-Half of the Southeast Quarter and the actual point of beginning; thence continue South 89 degrees 57 minutes 36 seconds East along the north line of said North One-


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Half of the Southeast Quarter a distance of 657.40 feet to the southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 28; thence South 00 degrees 19 minutes 17 seconds West, parallel to the west line of said North One-Half of the Southeast Quarter a distance of 715.12 feet to the westerly right-of-way of US Interstate Highway 35; thence along said westerly right-of-way of US Interstate Highway 35 a distance of 457.86 feet on a nontangential curve, concave to the southeast, having a radius of 1,054.93 feet, a central angle of 24 degrees 52 minutes 03 seconds, and a chord bearing of South 39 degrees 00 minutes 37 seconds West; thence South 46 degrees 44 minutes 11 seconds West along said westerly right-of-way of US Interstate Highway 35 a distance of 295.30 feet to the northerly right-of-way of Minnesota Trunk Highway 73; thence 163.55 feet along said northerly right-of-way of Minnesota Trunk Highway 73 on a nontangential curve, concave to the south, having a radius of 1,984.88 feet, a central angle of 4 degrees 43 minutes 16 seconds, and a chord bearing of South 77 degrees 39 minutes 40 seconds West to the east line of the West 660.00 feet of said North One-Half of the Southeast Quarter; thence North 00 degrees 19 minutes 17 seconds East a distance of 1,305.90 feet, more or less, to the point of beginning and there terminating.

 

Sec. 8. ADDITIONS TO STATE RECREATION AREAS.

 

[85.013] [Subd. 11a.] Garden Island State Recreation Area, Lake of the Woods County. The following areas are added to Garden Island State Recreation Area, Lake of the Woods County:

 

(1) Bureau of Land Management Island County Control Number 013 (aka Bridges Island) within Lake of the Woods and located in Section 9, Township 165 North, Range 32 West;

 

(2) Bureau of Land Management Island County Control Number 014 (aka Knight Island) within Lake of the Woods and located in Section 22, Township 165 North, Range 32 West; and

 

(3) Bureau of Land Management Island County Control Number 015 (aka Babe Island) within Lake of the Woods and located in Section 17, Township 166 North, Range 32 West.

 

Sec. 9. ADDITIONS TO BIRCH LAKES STATE FOREST.

 

[89.021] [Subd. 7.] Birch Lakes State Forest. The following area is added to Birch Lakes State Forest: the East Half of the Northeast Quarter, Section 35, Township 127 North, Range 33 West, Stearns County.

 

Sec. 10. PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND BORDERING PUBLIC WATER; AITKIN COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 92.45, and the classification and public sale provisions of Minnesota Statutes, chapters 84A and 282, the commissioner of natural resources may sell by public or private sale the consolidated conservation land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be for no less than the survey costs and appraised value of the land and timber. Proceeds shall be disposed of according to Minnesota Statutes, chapter 84A.

 

(c) The land that may be sold is located in Aitkin County and is described as: the East 132 feet of the West 396 feet, less the North 40 feet of Government Lot 8, Section 19, Township 50 North, Range 23 West, containing 3.74 acres, more or less.


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(d) The land borders Aitkin Lake with privately owned land to the east and west. The land has been subject to continued trespasses by adjacent landowners. The Department of Natural Resources has determined that the land is not needed for natural resource purposes.

 

Sec. 11. PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; AITKIN COUNTY.

 

(a) Notwithstanding the classification and public sale provisions of Minnesota Statutes, chapters 84A and 282, Aitkin County may sell by public or private sale the consolidated conservation lands that are described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be for no less than the survey costs and appraised value of the land and timber. Proceeds shall be disposed of according to Minnesota Statutes, chapter 84A.

 

(c) The lands that may be sold are located in Aitkin County and are described as:

 

(1) that part of the Northwest Quarter of the Southeast Quarter, Section 31, Township 49 North, Range 22 West, lying east of County State-Aid Highway 6, containing 3 acres, more or less;

 

(2) that part of Government Lot 11, Section 3, Township 47 North, Range 26 West, lying north of County Road 54, containing 2 acres, more or less;

 

(3) that part of Government Lot 1, Section 19, Township 51 North, Range 25 West, lying southwest of the ditch, containing 20 acres, more or less;

 

(4) that part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 51 North, Range 26 West, lying south of the ditch, containing 12 acres, more or less; and

 

(5) that part of the South Half of the Southeast Quarter, Section 13, Township 51 North, Range 26 West, lying south of the ditch, containing 40 acres, more or less.

 

(d) The lands are separated from management units by roads or ditches. The Department of Natural Resources has determined that the lands are not needed for natural resource purposes.

 

Sec. 12. PRIVATE SALE OF SURPLUS STATE LAND; BELTRAMI COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, and upon completion of condemnation of the school trust land interest, the commissioner of natural resources may sell by private sale to Cormant Township the surplus land that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to Cormant Township for less than the value of the land as determined by the commissioner, but the conveyance must provide that the land described in paragraph (c) be used for the public and reverts to the state if Cormant Township fails to provide for public use or abandons the public use of the land.

 

(c) The land that may be sold is located in Beltrami County and is described as: that part of the Northeast Quarter of the Southeast Quarter, Section 15, Township 151 North, Range 31 West, Beltrami County, Minnesota, described as follows: Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter;


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thence West along the north line of said Northeast Quarter of the Southeast Quarter to the northwest corner of said Northeast Quarter of the Southeast Quarter and the POINT OF BEGINNING of the property to be described; thence East a distance of 76 feet, along said north line; thence South a distance of 235 feet; thence West a distance of 76 feet to the west line of said Northeast Quarter of the Southeast Quarter; thence North a distance of 235 feet along said west line to the point of beginning. Containing 0.41 acre, more or less.

 

(d) Cormant Cemetery has inadvertently trespassed upon the land. The Department of Natural Resources has determined that the state's land management interests would best be served if the land was conveyed to Cormant Township and managed as part of the cemetery. Since the land is currently school trust land, the Department of Natural Resources shall first condemn the school trust interest prior to conveyance to Cormant Township.

 

Sec. 13. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; BELTRAMI COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Beltrami County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Beltrami County and is described as: the easterly 350 feet of the following described parcel: Northland Addition to Bemidji Lots E, G, H, I, J, Section 8, Township 146 North, Range 33 West, and all that part of Unplatted Lot 1, Section 17, Township 146 North, Range 33 West and the Minneapolis, Red Lake, and Manitoba Railway right-of-way lying West of Park Avenue and within Lot 1 except that part of the MRL&M RY R/W lying north of the north boundary line of Lot E, Northland Addition to Bemidji.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 14. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; CARLTON COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Carlton County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Carlton County and is described as: the SE1/4 of the SE1/4; of Section 31, Township 47 North, Range 17 West, Blackhoof Township.

 

(d) The Carlton County Board of Commissioners has classified the parcel as nonconservation and has determined that the county's land management interests would best be served if the parcel was returned to private ownership.


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Sec. 15. EXCHANGE OF STATE LAND WITHIN CARVER HIGHLANDS WILDLIFE MANAGEMENT AREA; CARVER COUNTY.

 

(a) The commissioner of natural resources may, with the approval of the Land Exchange Board as required under the Minnesota Constitution, article XI, section 10, and according to the provisions of Minnesota Statutes, sections 94.343 to 94.347, exchange the lands described in paragraph (b).

 

(b) The lands to be exchanged are located in Carver County and are described as:

 

(1) that part of the South Half of the Northwest Quarter and that part of the Northwest Quarter of the Southwest Quarter lying northwesterly of the following described line: Beginning on the north line of the South Half of the Northwest Quarter, 1,815 feet East of the northwest corner thereof; thence southwesterly 3,200 feet, more or less, to the southwest corner of the Northwest Quarter of the Southwest Quarter and there terminating, all in Section 30, Township 115 North, Range 23 West;

 

(2) the Southeast Quarter of the Northeast Quarter, the West Half of the Southeast Quarter of the Southeast Quarter, and that part of the North Half of the Southeast Quarter lying easterly of County State-Aid Highway 45, all in Section 25, Township 115 North, Range 24 West;

 

(3) the Northwest Quarter of the Northeast Quarter of the Northeast Quarter and the North Half of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter, all in Section 36, Township 115 North, Range 24 West; and

 

(4) the Northwest Quarter of the Northwest Quarter, Section 6, Township 114 North, Range 23 West.

 

(c) The lands were acquired in part with bonding appropriations. The exchange with the United States Fish and Wildlife Service will consolidate land holdings, facilitate management of the lands, and provide additional wildlife habitat acres to the state.

 

Sec. 16. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CHIPPEWA COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Chippewa County may convey to Chippewa County for no consideration the tax-forfeited land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state if the county fails to provide for the public use described in paragraph (d) or abandons the public use of the land. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be conveyed is located in Chippewa County and is described as follows:

 

(1) Tract 1: a tract in Government Lot 2 described as: beginning at the southeast corner of Lot 6, Block 1, Original Plat Wegdahl; thence West 50 feet South, 50 Feet West on a line 50 feet South of the south line of Block 1 to the river; thence southeasterly along the river to a point 165 feet South of the south line of Block 1; thence East on a line parallel with the south line of Block 1, to the intersection with the continuation of the east line of Lot 6, Block 1; thence North 165 feet to the point of beginning, Section 3, Township 116, Range 40;

 

(2) Tract 2: a 50 foot strip adjacent to Block 1, Original Plat Wegdahl on South from Lot 3 to river, in Section 3, Township 116, Range 40; and


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(3) Tract 3: Lot 1, Block 2, Aadlands Subdivision.

 

(d) The county will use the land to establish a public park.

 

Sec. 17. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CLEARWATER COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Clearwater County may sell the tax-forfeited land bordering public water that is described in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Clearwater County and is described as: Parcel 11.300.0020.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 18. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER OR WETLANDS; DAKOTA COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Dakota County may convey to Dakota County for no consideration the tax-forfeited land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state if Dakota County stops using the land for the public purpose described in paragraph (d). The conveyance is subject to restrictions imposed by the commissioner of natural resources. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be conveyed is located in Dakota County and is described as:

 

That part of Government Lots 7 and 8, Section 26, Township 28, Range 22, lying southeasterly of Lot 2, AUDITORS SUBDIVISION NO. 23, according to the recorded plat thereof, and lying easterly of the railroad right-of-way and lying northwesterly of the following described line:

 

Commencing at the southwest corner of said Government Lot 7; thence North, assumed bearing, along the west line of said Government Lot 7, a distance of 178.00 feet; thence northeasterly along a nontangential curve concave to the southeast a distance of 290.00 feet, said curve having a radius of 764.50 feet, a central angle of 21 degrees 43 minutes 57 seconds, a chord of 288.24 feet and a chord bearing of North 24 degrees 29 minutes 20 seconds East; thence continuing northeasterly along a tangent curve concave to the southeast a distance of 350.00 feet, said curve having a radius of 708.80 feet, a central angle of 28 degrees 17 minutes 32 seconds, a chord of 346.46 feet and a chord bearing of North 49 degrees 30 minutes 04 seconds East; thence North 63 degrees 38 minutes 50 seconds East tangent to the last described curve a distance of 578.10 feet, to a point hereinafter referred to as Point B; thence continuing North 63 degrees 38 minutes 50 seconds East a distance of 278.68 feet, more or less, to the westerly right-of-way line of the Chicago, Rock Island and Pacific Railroad, said point being the point of beginning of the line to be described; thence North 63 degrees 38 minutes 50 seconds East a distance of 225.00 feet, more or less, to the shoreline of the Mississippi River and there terminating. (Dakota County tax identification number 36-02600-016-32).


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(d) The county has determined that the land is needed as a trail corridor for the Mississippi River Regional Trail.

 

Sec. 19. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale to the city of Wayzata the surplus land that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to the city of Wayzata, for less than the value of the land as determined by the commissioner, but the conveyance must provide that the land described in paragraph (c) be used for the public and reverts to the state if the city of Wayzata fails to provide for public use or abandons the public use of the land.

 

(c) The land that may be sold is located in Hennepin County and is described as: Tract F, Registered Land Survey No. 1168.

 

(d) The Department of Natural Resources has determined that the state's land management interests would best be served if the land was conveyed to the city of Wayzata.

 

Sec. 20. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ITASCA COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell to Itasca County the tax-forfeited land bordering public water that is described in paragraph (c), for the appraised value of the land.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is in Itasca County and is described as: the North 1,100 feet of Government Lot 1, Section 26, Township 56 North, Range 26 West.

 

(d) The county has determined that the county's land management interests would be best served if the land was under the direct ownership of Itasca County.

 

Sec. 21. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; MARSHALL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Marshall County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Marshall County and is described as: that part of the westerly ten acres of the North Half of the Northeast Quarter lying southerly of the following described line: Commencing at the quarter section corner between Sections 2 and 11; thence South along the quarter section line a distance of 1,080 feet to the northern edge of County Ditch #25, the point of beginning; thence upstream along said ditch North 40 degrees East 95 feet; thence South 41 degrees East 500 feet to the intersection with State Ditch #83; thence along said state ditch North 52 degrees 50 minutes East 196 feet; thence East 2,092 feet to the section line between Sections 11 and 12.


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(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 22. EXCHANGE OF STATE LAND WITHIN LAKE LOUISE STATE PARK; MOWER COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 94.342, subdivision 4, the commissioner of natural resources may, with the approval of the Land Exchange Board as required under the Minnesota Constitution, article XI, section 10, and according to the remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the land located within state park boundaries that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The state land that may be exchanged is located in Mower County and is described as: that part of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 20, Township 101 North, Range 14 West, Mower County, Minnesota, described as follows: Beginning at a point on the south line of said Section 20 a distance of 1,039.50 feet (63 rods) East of the south quarter corner of said Section 20; thence North at right angles to said south line 462.00 feet (28 rods); thence West parallel to said south line 380.6 feet, more or less, to the west line of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter; thence South along said west line 462 feet, more or less, to the south line of said Section 20; thence East along said south line 380.6 feet, more or less, to the point of beginning, containing 4.03 acres.

 

(d) The exchange would resolve an unintentional trespass by the Department of Natural Resources of a horse trail that is primarily located within Lake Louise State Park and provide for increased access to the state park.

 

Sec. 23. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 19, Township 133, Range 42, River's Bend Reserve, Lot B.

 

(d) The sale would be to the adjacent landowner and the Department of Natural Resources has determined that the land is not appropriate for the department to manage.

 

Sec. 24. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.


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(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 24, Township 136, Range 41, Crystal Beach, Lot 56, Block 1.

 

(d) The sale would be to the adjacent landowner and the Department of Natural Resources has determined that the land is not appropriate for the department to manage.

 

Sec. 25. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 9, Township 133, Range 43, South 212 feet of Sub Lot 6 and South 212 feet of Sub Lot 7, except tract and except platted (1.19) acres.

 

(d) The Department of Natural Resources has no objection to the sale of this land.

 

Sec. 26. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 10, Township 134, Range 42, Heilberger Lake Estates, Reserve Lot A.

 

(d) The sale would be to the adjacent landowner and the Department of Natural Resources has determined that the land is not appropriate for the department to manage.


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Sec. 27. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 31, Township 137, Range 39, Government Lot 5 (37.20 acres).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 28. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 29, Township 137, Range 40, Freedom Flyer Estates, Lot 26, Block 1.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 29. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Quiet Waters Development Outlot A.

 

(d) The sale would be to the adjacent landowner and the Department of Natural Resources has determined that the land is not appropriate for the department to manage.


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Sec. 30. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 9, Township 136, Range 38, part of Government Lot 4 North and East of highway (Book 307, Page 31).

 

(d) The sale would be to the adjacent landowner and the Department of Natural Resources has determined that the land is not appropriate for the department to manage.

 

Sec. 31. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 9, Township 136, Range 38, Elm Rest, part of Lots 3, 4, 5, and 6 and of Reserve A lying North of road (Book 307, Page 31).

 

(d) The sale would be to the adjacent landowner and the Department of Natural Resources has determined that the land is not appropriate for the department to manage.

 

Sec. 32. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 27, Township 135, Range 39, Government Lot 7 (9.50 acres).


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(d) The sale would be to the adjacent landowner and the Department of Natural Resources has determined that the land is not appropriate for the department to manage.

 

Sec. 33. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 9, Township 135, Range 41, Government Lot 2, except tracts (7.77 acres).

 

(d) The sale would be to the adjacent landowner and the Department of Natural Resources has determined that the land is not appropriate for the department to manage.

 

Sec. 34. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

38609 County Highway 41, Section 9, Township 135, Range 41, part of Government Lot 2 beginning 275 feet West, 1,021.36 feet southwesterly, 1,179 feet southeasterly, 132 feet South from northeast corner Section 9; East 33 feet, southerly 314 feet, West 33 feet, northerly on lake East 110 feet to beginning.

 

Sec. 35. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 27, Township 132, Range 41, Stalker View Acres, Lot 6, Block 1.


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Sec. 36. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 33, Township 135, Range 36, North Half of Sub Lot 5 of the Southwest Quarter (7.07 acres).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 37. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Otter Tail County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Otter Tail County and is described as:

 

Section 33, Township 135, Range 36, South Half of Sub Lot 5 of the Southwest Quarter (7.06 acres).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 38. CONVEYANCE OF SURPLUS STATE LAND; RICE COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, the commissioner of administration may convey to Rice County for no consideration the surplus land that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general and provide that the land revert to the state if Rice County stops using the land for the public purpose described in paragraph (d). The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Rice County and is described as:

 

(1) that part of Section 5, Township 109 North, Range 20 West, Rice County, Minnesota, described as follows:

 

Commencing at the northwest corner of the Northwest Quarter of said Section 5; thence southerly on a Minnesota State Plane Grid Azimuth from North of 180 degrees 23 minutes 50 seconds along the west line of said Northwest Quarter 348.30 feet to the point of beginning of the parcel to be described; thence easterly on an azimuth of 93 degrees 18 minutes 54 seconds 279.20 feet; thence southerly on an azimuth of 183 degrees 10


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minutes 40 seconds 144.38 feet; thence southeasterly on an azimuth of 148 degrees 00 minutes 00 seconds 110.00 feet; thence northeasterly on an azimuth of 58 degrees 00 minutes 00 seconds 119.90 feet; thence southeasterly on an azimuth of 148 degrees 00 minutes 00 seconds 133.00 feet; thence southwesterly on an azimuth of 238 degrees 00 minutes 00 seconds 199.38 feet; thence westerly on an azimuth of 268 degrees 00 minutes 00 seconds 180.72 feet; thence northerly on an azimuth of 358 degrees 00 minutes 00 seconds 55.36 feet; thence westerly on an azimuth of 268 degrees 00 minutes 00 seconds 152.18 feet; thence northerly on an azimuth of 00 degrees 23 minutes 50 seconds 364.80 feet to the point of beginning; and

 

(2) that part of Section 5, Township 109 North, Range 20 West, Rice County, Minnesota, described as follows:

 

Commencing at the northwest corner of the Northwest Quarter of said Section 5; thence southerly on a Minnesota State Plane Grid Azimuth from North of 180 degrees 23 minutes 50 seconds along the west line of said Northwest Quarter 348.30 feet; thence easterly on an azimuth of 93 degrees 18 minutes 54 seconds 279.20 feet to the point of beginning of the parcel to be described; thence continuing easterly on an azimuth of 93 degrees 18 minutes 54 seconds 45.00 feet; thence southeasterly on an azimuth of 148 degrees 00 minutes 00 seconds 202.00 feet; thence southwesterly on an azimuth of 238 degrees 00 minutes 00 seconds 119.90 feet; thence northwesterly on an azimuth of 328 degrees 00 minutes 00 seconds 110.00 feet; thence northerly on an azimuth of 3 degrees 10 minutes 40 seconds 144.38 feet to the point of beginning.

 

(d) The commissioner has determined that the land is no longer needed for any state purpose and that the state's land management interests would best be served if the land was conveyed to and used by Rice County for a jail.

 

Sec. 39. PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; ROSEAU COUNTY.

 

(a) Notwithstanding the classification and public sale provisions of Minnesota Statutes, chapters 84A and 282, the commissioner of natural resources may sell by private sale the consolidated conservation land that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be for no less than the survey costs and the appraised value of the land and timber. Proceeds shall be disposed of according to Minnesota Statutes, chapter 84A.

 

(c) The land that may be sold is located in Roseau County and is described as: the North 75 feet of the East 290.4 feet of the West 489.85 feet of the East 1,321.15 feet of the Northeast Quarter, Section 35, Township 160 North, Range 38 West, containing 0.5 acres, more or less.

 

(d) The land would be sold to the current leaseholder who through an inadvertent trespass located a cabin, septic system, and personal property on the state land. The Department of Natural Resources has determined that the land is not needed for natural resource purposes.

 

Sec. 40. PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale to St. Louis County the surplus land that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to St. Louis County for less than the value of the land as determined by the commissioner, but the conveyance must provide that the land described in paragraph (c) be used for the public and reverts to the state if St. Louis County fails to provide for public use or abandons the public use of the land.


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(c) The land that may be sold is located in St. Louis County and is described as: an undivided 1/12 interest in Government Lot 6, Section 6, Township 62 North, Range 13 West, containing 35.75 acres, more or less.

 

(d) The land was gifted to the state. The remaining 11/12 undivided interest in the land is owned by the state in trust for the taxing districts and administered by St. Louis County. The Department of Natural Resources has determined that the state's land management interests would best be served if the land was conveyed to St. Louis County.

 

Sec. 41. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may sell or convey to the state acting by and through its commissioner of natural resources, the tax-forfeited land bordering public water that is described in paragraph (c), under the provisions of Minnesota Statutes, section 282.01, subdivision 1a.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in St. Louis County and is described as: Lot 7, Klimek's Addition to Grand Lake, according to the plat thereof on file and of record in the Office of the County Recorder, St. Louis County.

 

(d) The county has determined that the land is not needed for county management purposes and the Department of Natural Resources would like to acquire the land for use as a public water access site to Little Grand Lake.

 

Sec. 42. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy. Prior to the sales, the commissioner of revenue shall grant permanent conservation easements according to Minnesota Statutes, section 282.37, to provide riparian protection and public access to shore fishing. The easements for land described in paragraph (c), clauses (1) to (3), shall be 450 feet in width from the centerline of the river. The easements for land described in paragraph (c), clauses (4) and (5), shall be 300 feet in width from the centerline of the river. The easements must be approved by the St. Louis County Board and the commissioner of natural resources.

 

(c) The land to be sold is located in St. Louis County and is described as:

 

(1) Lot 5 except railroad right-of-way 3.15 acres, Section 2, T50N, R18W (23.35 acres) (535-0010-00210);

 

(2) Lot 7 except railroad right-of-way 3.9 acres, Section 2, T50N, R18W (30.1 acres) (535-0010-00300);

 

(3) Lot 5 except railroad right-of-way 3 acres, Section 12, T50N, R18W (36 acres) (535-0010-01910);

 

(4) Lot 2 except railroad right-of-way, Section 35, T51N, R18W (22.5 acres) (310-0010-05650); and


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(5) Lot 1 except GN railroad right-of-way, Section 35, T51N, R18W (34 acres) (110-0040-00160).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 43. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County may sell the tax-forfeited land bordering public water that is described in paragraph (d) under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) Prior to the sales of the land described in paragraph (d), clauses (1), (2), and (10) to (12), the commissioner of revenue shall grant permanent conservation easements according to Minnesota Statutes, section 282.37, to provide riparian protection and public access for angling. The easements must be approved by the St. Louis County Board and the commissioner of natural resources. The easements shall be for lands described in paragraph (d):

 

(1) clause (1), 75 feet in width on each side of the centerline of the creek;

 

(2) clause (2), 200 feet in width on each side of the centerline of the river;

 

(3) clause (10), 100 feet in width on each side of the centerline of the river; and

 

(4) clauses (11) and (12), 50 feet in width on each side of the centerline of the stream.

 

(d) The land to be sold is located in St. Louis County and is described as:

 

(1) N 1/2 of NW 1/4 of NE 1/4 of SE 1/4, Section 22, T51N, R14W (5 acres) (520-0016-00590);

 

(2) SW 1/4 of SW 1/4, Section 8, T50N, R16W (40 acres) (530-0010-01510);

 

(3) undivided 1/6 and undivided 1/2 of Lot 9, Thompson Lake Addition, Section 12, T53N, R14W (375-0120-00091, 375-0120-00094);

 

(4) SLY 200 FT OF NLY 1,220 FT OF LOT 4, Section 20, T54N, R18W (9.5 acres) (405-0010-03394);

 

(5) PART OF SW 1/4 OF SE 1/4 LYING N OF SLY 433 FT, Section 36, T57N, R21W (25 acres) (141-0050-07345);

 

(6) PART OF SE 1/4 OF SW 1/4 LYING W OF DW & P RY AND N OF PLAT OF HALEY, Section 23, T63N, R19W (11 acres) (350-0020-03730);

 

(7) SE 1/4 of NW 1/4, Section 26, T58N, R19W (40 acres) (385-0010-02610);

 

(8) NE 1/4 of SW 1/4, Section 20, T59N, R20W (40 acres) (235-0030-03110);

 

(9) LOT 4, Section 2, T61N, R19W (40 acres) (200-0010-00230);


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(10) SW 1/4 of SE 1/4, Section 19, T50N, R16W (40 acres) (530-0010-03570);

 

(11) LOTS 15, 16, 17, 18, 19, BLOCK 1, COLMANS 4th ACRE TRACT ADDITION TO DULUTH, Section 33, T51N, R14W (520-0090-00150, -00160, -00180); and

 

(12) BLOCKS 17, 18, and 20, PLAT OF VERMILION TRAIL LODGE, Section 13, T62N, R14W.

 

(e) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 44. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited land described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in St. Louis County and is described as:

 

Lots 20 and 21, Plat of Twin Lakes, Government Lot 3, Section 32, T60N, R19W (1.1 acres) (385-0070-00200).

 

(d) This sale resolves an unintentional trespass. The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 45. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may convey to the state for no consideration the tax-forfeited land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be according to Minnesota Statutes, section 282.01, subdivision 2, and in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be conveyed is located in St. Louis County and is described as:

 

(1) lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that part of Government Lot 2 lying southeasterly of the southeasterly right-of-way of the St. Paul and Duluth and Northern Pacific Railway including riparian rights.

 

EXCEPT: that part of Government Lot 2 beginning at the intersection of the south line of Lot 2 and the southeasterly right-of-way of the St. Paul and Duluth and Northern Pacific Railway; thence easterly along the south line of said Lot 2 a distance of 150 feet to a point; thence deflect to the left and continue in a straight line to a point on the southeasterly line of said railway right-of-way said point distant 150 feet northeast of the point of beginning; thence deflect to the left and continue southwesterly along the southeasterly line of said railway right-of-way a distance of 150 feet to point of beginning and there terminating.


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EXCEPT FURTHER: that part of Government Lot 2 commencing at the point of intersection of the south line of Lot 2 and the southeasterly right-of-way of the St. Paul and Duluth and Northern Pacific Railway; thence northeasterly along the southeasterly line of said railway right-of-way a distance of 1,064 feet to point of beginning; thence deflect 44 degrees, 12 minutes, 27 seconds to the right a distance of 105.44 feet to a point; thence deflect 85 degrees, 16 minutes, 07 seconds to the left a distance of 111.92 feet more or less to a point on the southeasterly line of said railway right-of-way; thence deflect to the left and continue northwesterly along the southeasterly line of said railway right-of-way a distance of 160 feet more or less to point of beginning and there terminating (010-2746-00290); and

 

(2) lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that part of Government Lot 1, including riparian rights, lying southerly of the Northern Pacific Short Line right-of-way except 5 18/100 acres for Northern Pacific Main Line and except a strip of land 75 feet wide and adjoining the Northern Pacific Main Line right-of-way and formerly used as right-of-way by Duluth Transfer Railway 2 67/100 acres, also except that part lying North of Grand Avenue 72/100 acres and except a strip of land adjacent to the Old Transfer Railway right-of-way containing 2 13/100 acres. Revised Description #40, Recorder of Deeds, Book 686, Page 440.

 

EXCEPT: that part of Government Lot 1 lying southerly of the Northern Pacific Short Line right-of-way and northerly of the Old Transfer Railway right-of-way.

 

EXCEPT FURTHER: that part of Government Lot 1 lying southerly of the Northern Pacific Main Line right-of-way and lying northerly of a line parallel to and lying 305 feet southerly of the north line of said Government Lot 1 (010-2746-00245).

 

Sec. 46. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy. The conveyance must include a deed restriction that prohibits excavating, filling, dumping, tree cutting, burning, structures, and buildings within an area that is 75 feet in width along the shoreline. A 15-foot strip for landowner lake access is allowed.

 

(c) The land to be sold is located in St. Louis County and is described as: E 1/2 of W 1/2 of E 1/2 of SW 1/4 of NW 1/4, Section 27, T57N, R17W (5 acres).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 47. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.


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(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy. The conveyance must include a deed restriction on buildings, structures, tree cutting, removal of vegetation, and shoreland alterations within an area that is 75 feet in width along the river. A 15-foot strip for landowner river access is allowed.

 

(c) The land to be sold is located in St. Louis County and is described as: that part of Lot 8 beginning at a point 200 feet East of the center of Section 5; thence South 300 feet; thence East 300 feet; thence North 263 feet to shoreline of Ash River; thence northwesterly along the river 325 feet; thence southerly to point of beginning, Section 5, T68N, R19W (2 acres) (731-0010-00845).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 48. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County may sell the tax-forfeited land bordering public water that is described in paragraph (d) under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) Prior to the sales of the land described in paragraph (d), clauses (1) to (4), the commissioner of revenue shall grant permanent conservation easements according to Minnesota Statutes, section 282.37. The easements must be approved by the St. Louis County Board and the commissioner of natural resources. The easements shall be for lands described in paragraph (d):

 

(1) clause (1), 100 feet in width on each side of the centerline of the river. A 15-foot strip for landowner river access is allowed;

 

(2) clause (2), 125 feet in width on each side of the centerline of the river. A 15-foot strip for landowner river access is allowed;

 

(3) clause (3), 100 feet in width on each side of the centerline of the tributary; and

 

(4) clause (4), for access purposes.

 

(d) The land to be sold is located in St. Louis County and is described as:

 

(1) SW 1/4 of SW 1/4 except W 1/2, Section 14, T62N, R18W (20 acres);

 

(2) S 1/2 of SW 1/4 of SW 1/4, Section 16, T62N, R18W (20 acres);

 

(3) SW 1/4 of SE 1/4 except 5 acres at NW corner and except S 1/2 and except E 1/2 of NE 1/4, Section 10, T52N, R12W (10 acres);

 

(4) NW 1/4 of SE 1/4 except that part of the NE 1/4 lying N of the East Van Road and except S 1/2 of N 1/2 of S 1/2 and except S 1/2 of S 1/2, Section 5, T52N, R14W (18.3 acres);


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(5) westerly 416 feet of SW 1/4 of SW 1/4 except westerly 208 feet of southerly 624 feet, Section 21, T56N, R18W (9.63 acres);

 

(6) Lot 3, Section 1, T55N, R21W (46.18 acres);

 

(7) SW 1/4 of NE 1/4, Section 18, T52N, R15W (40 acres); and

 

(8) Lots 23, 73, 95, 118, 119 of NE-NA MIK-KA-TA plat, town of Breitung, located in Government Lots 1 and 12 of Section 6, T62N, R15W.

 

(e) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 49. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may sell by private sale the tax-forfeited land that is described in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in St. Louis County and is described as:

 

(1) that part of the South 200 feet of the West 900 feet of Government Lot 4 lying east of State Highway 73, and that part of the North 300 feet of the West 900 feet of Government Lot 5 lying east of State Highway 73, all in Section 6, Township 52 North, Range 20 West;

 

(2) that part of the Southeast Quarter of the Northeast Quarter lying north of County Road 115 in Section 15, Township 62 North, Range 17 West; and

 

(3) that part of the Southwest Quarter of the Northeast Quarter of Section 26, Township 63 North, Range 12 West, lying west of the west right-of-way boundary of County Highway 88; EXCEPTING therefrom the following described tract of land: That part of the Southwest Quarter of the Northeast Quarter of Section 26, Township 63 North, Range 12 West, described as follows: Begin at a point located at the intersection of the north and south quarter line of said section and the north boundary line of the right-of-way of County Highway 88, said point being 494.44 feet North of the center of said section; thence North on said north and south quarter line a distance of 216.23 feet; thence at an angle of 90 degrees 0 minutes to the right a distance of 253.073 feet; thence at an angle of 90 degrees 0 minutes to the right a distance of 472.266 feet to a point on the north boundary line of the right-of-way of said County Highway 88; thence in a northwesterly direction along the north boundary line of the right-of-way of said County Highway 88, a distance of 360 feet to the point of beginning.

 

(d) The sales authorized under this section are needed for public utility substations.

 

Sec. 50. PRIVATE SALE OF WILDLIFE MANAGEMENT AREA LAND; WABASHA COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 94.09, 94.10, and 97A.135, subdivision 2a, the commissioner of natural resources shall sell by private sale the wildlife management area land described in paragraph (c).


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(b) The conveyance must be in a form approved by the attorney general. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy. The commissioner may sell the land to Mazeppa Township for less than the value of the land as determined by the commissioner.

 

(c) The land that may be sold is located in Wabasha County and is described as follows: all of the following described tract: the southerly 300 feet of the westerly 350 feet of the Northwest Quarter of the Northwest Quarter of Section 10, Township 109 North, Range 14 West; together with the southerly 300 feet of the easterly 150 feet of the Northeast Quarter of the Northeast Quarter of Section 9, Township 109 North, Range 14 West; excepting therefrom the right-of-way of existing highway; containing 3.23 acres more or less.

 

(d) The land is located in Mazeppa Township and is not contiguous to other state lands. The Department of Natural Resources has determined that the state's land management interests would best be served if the lands were conveyed to a local unit of government.

 

Sec. 51. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; WADENA COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources may sell by public sale the surplus lands bordering public water that are described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The lands that may be sold are located in Wadena County and are described as:

 

(1) Government Lot 3, Section 28, Township 135 North, Range 33 West, containing 0.01 acres, more or less;

 

(2) Government Lot 2, Section 34, Township 135 North, Range 33 West, containing 1.5 acres, more or less; and

 

(3) Government Lot 7, Section 30, Township 135 North, Range 35 West, containing 0.01 acres, more or less.

 

(d) The lands border the Leaf River and are not contiguous to other state lands. The Department of Natural Resources has determined that the lands are not needed for natural resource purposes.

 

Sec. 52. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Washington County may convey to the Comfort Lake-Forest Lake Watershed District for no consideration the tax-forfeited land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state if the Comfort Lake-Forest Lake Watershed District stops using the land for the public purpose described in paragraph (d). The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be conveyed is located in Washington County and is described as:

 

(1) Parcel A (PIN 05.032.21.12.0001): all that part of the Northwest Quarter of the Northeast Quarter, Section 5, Township 32, Range 21, Washington County, Minnesota, that lies East of Minnesota Highway 61 as relocated and South of Judicial Ditch No. 1, except the following described tracts:


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Beginning at a point where the easterly right-of-way of Minnesota Highway 61 intersects the south line of the Northwest Quarter of the Northeast Quarter, Section 5, Township 32, Range 21, Washington County, Minnesota; thence East along said south line of the Northwest Quarter of the Northeast Quarter of Section 5 for 194.1 feet; thence North at right angles 435.3 feet; thence South 75 degrees 56 minutes West for 294.4 feet to said easterly right-of-way of Minnesota Highway 61; thence South 14 degrees 04 minutes East along said easterly right-of-way of Minnesota Highway 61 for 375.0 feet to the point of the beginning; and

 

That part of the Northwest Quarter of the Northeast Quarter, Section 5, Township 32 North, Range 21 West, Washington County, Minnesota, described as follows: commencing at the north quarter corner of Section 5; thence East along the north line of Section 5, a distance of 538.8 feet to the easterly right-of-way line of Trunk Highway 61; thence southeasterly deflection to the right 76 degrees 00 minutes 20 seconds, along said highway right-of-way line, 500.4 feet to the point of beginning; thence continuing southeasterly along said highway right-of-way line 293.7 feet to the northwest corner of the Philip F. and Maree la J. Turcott property, as described in Book 261 of Deeds on Page 69; thence northeasterly at right angles along the northerly line of said Turcott property in its northeasterly projection thereof, 318.4 feet, more or less, to the centerline of Sunrise River; thence northwesterly along said Sunrise River centerline, 358 feet, more or less, to the point of intersection with a line drawn northeasterly from the point of beginning and perpendicular to the easterly right-of-way line of Trunk Highway 61; thence southwesterly along said line, 154.3 feet, more or less, to the point of beginning; and

 

(2) Parcel B (PIN 05.032.21.12.0004): that part of the Northwest Quarter of the Northeast Quarter, Section 5, Township 32, Range 21, lying easterly of Highway 61 and North of Judicial Ditch No. 1.

 

(d) The county has determined that the land is needed by the watershed district for purposes of Minnesota Statutes, chapter 103D.

 

Sec. 53. LEASE OF TAX-FORFEITED AND STATE LANDS.

 

(a) Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, St. Louis County may enter a 30-year lease of tax-forfeited land for a wind energy project.

 

(b) The commissioner of natural resources may enter a 30-year lease of land administered by the commissioner for a wind energy project.

 

Sec. 54. EFFECTIVE DATE.

 

Sections 1 to 53 are effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to state lands; modifying Minnesota critical habitat private sector matching account; modifying outdoor recreation system; adding to and deleting from state parks, recreation areas, and forests; modifying authority to convey private easements on tax-forfeited land; providing for public and private sales, conveyances, and exchanges of certain state land; authorizing 30-year leases of tax-forfeited and other state lands for wind energy projects; amending Minnesota Statutes 2006, sections 84.943, subdivision 5; 86A.04; 86A.08, subdivision 1; 282.04, subdivision 4a; Laws 2006, chapter 236, article 1, section 43."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.

 

The report was adopted.


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Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3280, A bill for an act relating to state lands; providing for expedited exchanges of public land; amending Minnesota Statutes 2006, section 97A.145, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 94.

 

Reported the same back with the following amendments:

 

Amend the title as follows:

 

Page 1, line 3, delete everything before "proposing"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

 

The report was adopted.

 

 

Lenczewski from the Committee on Taxes to which was referred:

 

H. F. No. 3323, A bill for an act relating to local government; authorizing the Minneapolis Park and Recreation Board and the city of Minneapolis to adopt standards for dedication of land to the public or a payment of a dedication fee on certain new commercial and industrial development; amending Laws 2006, chapter 269, section 2.

 

Reported the same back with the recommendation that the bill pass.

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3486, A bill for an act relating to motor carriers; reallocating proceeds of fees collected since 2005 under the International Fuel Tax Agreement compact; amending Minnesota Statutes 2006, sections 168D.06; 168D.07; 299A.705, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 168D.06, is amended to read:

 

168D.06 FUEL LICENSE FEES.

 

License fees paid to the commissioner under the International Fuel Tax Agreement must be deposited in the highway user tax distribution fund vehicle services operating account in the special revenue fund under section 299A.705. The commissioner shall charge an annual fuel license fee of $15, and an annual application filing fee of $13 for quarterly reporting of fuel tax.

 

EFFECTIVE DATE. This section is effective retroactively from August 1, 2005, for fees collected on or after that date.


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Sec. 2. Minnesota Statutes 2006, section 168D.07, is amended to read:

 

168D.07 FUEL DECAL FEE.

 

The commissioner shall issue a decal or other identification to indicate compliance with the International Fuel Tax Agreement. The commissioner shall establish a charge to cover the cost of issuing the decal or other identification according to section 16A.1285, subdivision 4a. Decal or other identification charges paid to the commissioner under this subdivision must be deposited in the highway user tax distribution fund vehicle services operating account in the special revenue fund under section 299A.705.

 

EFFECTIVE DATE. This section is effective retroactively from August 1, 2005, for fees collected on or after that date.

 

Sec. 3. Minnesota Statutes 2006, section 299A.705, subdivision 1, is amended to read:

 

Subdivision 1. Vehicle services operating account. (a) The vehicle services operating account is created in the special revenue fund, consisting of all money from the vehicle services fees specified in chapters 168 and, 168A, and 168D, and any other money otherwise donated, allotted, appropriated, or legislated to this account.

 

(b) Funds appropriated are available to administer vehicle services as specified in chapters 168 and, 168A, and 168D, and section 169.345, including:

 

(1) designing, producing, issuing, and mailing vehicle registrations, plates, emblems, and titles;

 

(2) collecting title and registration taxes and fees;

 

(3) transferring vehicle registration plates and titles;

 

(4) maintaining vehicle records;

 

(5) issuing disability certificates and plates;

 

(6) licensing vehicle dealers;

 

(7) appointing, monitoring, and auditing deputy registrars; and

 

(8) inspecting vehicles when required by law.

 

EFFECTIVE DATE. This section is effective retroactively from August 1, 2005, for fees collected on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to motor carriers; reallocating proceeds of fees collected since 2005 under the International Fuel Tax Agreement compact; amending Minnesota Statutes 2006, sections 168D.06; 168D.07; 299A.705, subdivision 1."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


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Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3490, A bill for an act relating to drivers' licenses; imposing $30 reinstatement fee following revocation of juvenile's license; amending Minnesota Statutes 2006, section 171.29, subdivision 1.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3558, A bill for an act relating to motor vehicles; requiring commissioner of public safety to issue special 2008 U.S. Women's Open license plates.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. U.S. OPEN SPECIAL TEMPORARY PERMITS.

 

Subdivision 1. Definitions. (a) "Committee" means the 2008 U.S. Women's Open Committee.

 

(b) "Commissioner" means the commissioner of public safety.

 

Subd. 2. Issuance and design. Notwithstanding Minnesota Statutes, section 168.1293, upon the request of the committee, the commissioner shall issue to the committee a minimum of 250 special temporary permits for use in connection with the 2008 United States Golf Association Women's Open Championship. The special temporary permits must be of a design approved by the commissioner after consultation with the committee. The permits may be displayed only on a passenger vehicle, the use of which has been donated for the open championship by the vehicle manufacturer. The permits are valid from the date of issuance until July 4, 2008.

 

Subd. 3. Fees. The commissioner shall collect a fee of $10 for each pair of special temporary permits issued under this section.

 

Subd. 4. Application. In requesting special temporary permits under this section, the committee shall provide the following information to the commissioner at least 60 days before the start of the period for which the permits are requested:

 

(1) the dates of the period for which the permits are requested;

 

(2) the name, address, and telephone number of an authorized representative of the committee;

 

(3) the quantity of permits requested; and

 

(4) a certification that the insurance required under Minnesota Statutes, section 65B.49, subdivision 3, will be provided for each vehicle for which special temporary permits are provided under this section.


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Subd. 5. Liability. If a parking violation citation is issued for a violation committed by a driver of a vehicle displaying special temporary permits issued under this section, the committee is liable for the amount of fine, penalty assessment, late payment penalty, or cost of warrants issued in connection with the violation unless, within 15 days after receiving knowledge of the violation, the committee provides to the issuing authority the following information to the extent available: the driver's full name; home address; local address, if any; license number; and employer's name and address. If the committee is relieved of liability under this subdivision, the person who committed the violation remains liable for the violation.

 

EFFECTIVE DATE. This section is effective the day following final enactment."

 

Amend the title as follows:

 

Page 1, line 3, delete "special" and insert "temporary permits for passenger vehicles used in connection with the" and delete "license plates"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3706, A bill for an act relating to motor vehicles; repealing surcharge for special veteran license plates; repealing Minnesota Statutes 2006, section 168.123, subdivision 2a.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3723, A bill for an act relating to local government finance; permitting Minneapolis Park and Recreation Board to retain proceeds from the condemnation of park lands necessary for the reconstruction and expansion of marked Interstate Highway 35W at the Mississippi River.

 

Reported the same back with the following amendments:

 

Page 1, line 17, after "for" insert "public"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


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Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3800, A bill for an act relating to motor vehicles; permitting sale of impounded vehicles and contents after voluntary title transfer; providing for notice of impound, right to reclaim contents, and waiver of right; establishing right to retrieve contents without charge in certain cases; limiting deficiency claim; providing for permit for oversize and overweight tow trucks in certain cases; amending Minnesota Statutes 2006, sections 168B.051, subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by adding a subdivision; 168B.08, subdivision 1; 168B.087, subdivision 1; 169.86, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

TRANSPORTATION POLICY

 

Section 1. Minnesota Statutes 2006, section 86B.825, subdivision 5, is amended to read:

 

Subd. 5. No legal title without certificate. A person acquiring a watercraft, required to have a certificate of title under this section, through a sale or gift does not acquire a right, title, claim, or interest in the watercraft until the person has been issued a certificate of title to the watercraft or has received a manufacturer's or importer's certificate. A waiver or estoppel does not operate in favor of that person against another person who has obtained possession of the certificate of title or manufacturer's or importer's certificate for the watercraft for valuable consideration.

 

Sec. 2. Minnesota Statutes 2006, section 123B.88, subdivision 3, is amended to read:

 

Subd. 3. Transportation services contracts; requirements. (a) The board may contract for the furnishing of authorized transportation under section 123B.52, and may purchase gasoline and furnish same to a contract carrier for use in the performance of a contract with the school district for transportation of school children to and from school.

 

(b) An initiated transportation service contract shall include by contract language, addendum, or supplementary information terms addressing:

 

(1) a summary of school bus driver training requirements, including the minimum number of preservice training hours and the minimum number of in-service training hours;

 

(2) a driver recruitment and retention plan, including an explanation of:

 

(i) the actions the contractor has taken or will take to recruit qualified drivers for the transportation services contract;

 

(ii) the process for screening applicants to be certain that they meet the school bus driver requirements of federal law, of state law, and of the transportation service contract, including federal and state-controlled substance and alcohol testing requirements;

 

(iii) the training that drivers receive prior to assignment to transportation service; and


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(iv) the actions of the employer to retain qualified drivers to meet requirements of the transportation services contract, including an explanation of wage rates and employee benefits and policies on compensated absences such as paid vacations, holidays, and sick leave;

 

(3) the reporting to the local school district of all school bus accidents;

 

(4) the reporting to the local school district of all school bus driver-reported traffic convictions, based upon the requirement of commercial drivers to report traffic convictions to their employer under Federal Motor Carrier Safety Administration regulation in Code of Federal Regulations, title 49, section 383.31;

 

(5) the reporting within one week to the local school district the results of any Minnesota State Patrol inspection of school buses being regularly utilized for the transportation under the transportation contract;

 

(6) the school bus driver employee turnover ratio, defined as the total number of school bus drivers employed during the most recent school year divided by the daily average number of school bus drivers employed during the same regular school year, within bus garage location or other reasonable basis. The turnover rate may exclude those drivers whose employment is terminated or who are otherwise removed for cause from service; and

 

(7) the date of hire of the employer's current employees identified by their job classifications, which may include any relevant prior experience. Summer and other regular school breaks should not be considered interruptions to employment.

 

(c) Notwithstanding section 123B.52, a school district may award a transportation contract in the interest of student safety and cost-effectiveness.

 

EFFECTIVE DATE. This section is effective July 1, 2008.

 

Sec. 3. [123B.915] SCHOOL BUS DRIVERS.

 

Subdivision 1. Driver pay. School bus driver employees must be paid for the actual time worked. If a route pay system or hourly estimation is used, school bus driver employees must be scheduled and paid for actual time for required inspection of buses.

 

Subd. 2. Right to refuse. School bus drivers who document needed bus repairs shall have the right to refuse to operate the bus immediately for a safety-related repair, which meets the out-of-service definition of Minnesota Rules, part 7470.0600. In this situation, the driver shall be provided an alternate bus, if available, and time to inspect it. The driver shall not be penalized in any way for fees, fines, or consequences incurred by the employer for delays or failure to provide the transportation service in a timely manner in this situation. Nothing in this section may diminish the rights, pay, or benefits of drivers covered by a collective bargaining agreement with an exclusive representative.

 

EFFECTIVE DATE. This section is effective July 1, 2008.

 

Sec. 4. Minnesota Statutes 2006, section 168.011, subdivision 7, is amended to read:

 

Subd. 7. Passenger automobile. (a) "Passenger automobile" means any motor vehicle designed and used for carrying not more than 15 individuals, including the driver.

 

(b) "Passenger automobile" does not include motorcycles, motor scooters, buses, school buses, or commuter vans as defined in section 168.126.


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(c) "Passenger automobile" includes, but is not limited to:

 

(1) pickup trucks and vans, including those vans designed to carry passengers, with a manufacturer's nominal rated carrying capacity of one ton; and

 

(2) neighborhood electric vehicles, as defined in section 169.01, subdivision 91; and

 

(3) medium-speed electric vehicles, as defined in section 169.01, subdivision 94.

 

Sec. 5. Minnesota Statutes 2006, section 168.012, subdivision 1, is amended to read:

 

Subdivision 1. Vehicles exempt from tax, fees, or plate display. (a) The following vehicles are exempt from the provisions of this chapter requiring payment of tax and registration fees, except as provided in subdivision 1c:

 

(1) vehicles owned and used solely in the transaction of official business by the federal government, the state, or any political subdivision;

 

(2) vehicles owned and used exclusively by educational institutions and used solely in the transportation of pupils to and from those institutions;

 

(3) vehicles used solely in driver education programs at nonpublic high schools;

 

(4) vehicles owned by nonprofit charities and used exclusively to transport disabled persons for charitable, religious, or educational purposes;

 

(5) ambulances owned by ambulance services licensed under section 144E.10, the general appearance of which is unmistakable; and

 

(6) vehicles owned by a commercial driving school licensed under section 171.34, or an employee of a commercial driving school licensed under section 171.34, and the vehicle is used exclusively for driver education and training.

 

(b) Vehicles owned by the federal government, municipal fire apparatuses including fire-suppression support vehicles, police patrols, and ambulances, the general appearance of which is unmistakable, are not required to register or display number plates.

 

(c) Unmarked vehicles used in general police work, liquor investigations, or arson investigations, and passenger automobiles, pickup trucks, and buses owned or operated by the Department of Corrections, must be registered and must display appropriate license number plates, furnished by the registrar at cost. Original and renewal applications for these license plates authorized for use in general police work and for use by the Department of Corrections must be accompanied by a certification signed by the appropriate chief of police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if issued to a Department of Corrections vehicle, or the appropriate officer in charge if issued to a vehicle of any other law enforcement agency. The certification must be on a form prescribed by the commissioner and state that the vehicle will be used exclusively for a purpose authorized by this section.

 

(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry, fraud unit, in conducting seizures or criminal investigations must be registered and must display passenger vehicle classification license number plates, furnished at cost by the registrar. Original and renewal applications for these passenger vehicle license plates must be accompanied by a certification signed by the commissioner of revenue or the commissioner of labor and industry. The certification must be on a form prescribed by the commissioner and state that the vehicles will be used exclusively for the purposes authorized by this section.


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(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the Department of Health must be registered and must display passenger vehicle classification license number plates. These plates must be furnished at cost by the registrar. Original and renewal applications for these passenger vehicle license plates must be accompanied by a certification signed by the commissioner of health. The certification must be on a form prescribed by the commissioner and state that the vehicles will be used exclusively for the official duties of the Division of Disease Prevention and Control.

 

(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling investigations and reviews must be registered and must display passenger vehicle classification license number plates. These plates must be furnished at cost by the registrar. Original and renewal applications for these passenger vehicle license plates must be accompanied by a certification signed by the board chair. The certification must be on a form prescribed by the commissioner and state that the vehicles will be used exclusively for the official duties of the Gambling Control Board.

 

(g) Each state hospital and institution for persons who are mentally ill and developmentally disabled may have one vehicle without the required identification on the sides of the vehicle. The vehicle must be registered and must display passenger vehicle classification license number plates. These plates must be furnished at cost by the registrar. Original and renewal applications for these passenger vehicle license plates must be accompanied by a certification signed by the hospital administrator. The certification must be on a form prescribed by the commissioner and state that the vehicles will be used exclusively for the official duties of the state hospital or institution.

 

(h) Each county social service agency may have vehicles used for child and vulnerable adult protective services without the required identification on the sides of the vehicle. The vehicles must be registered and must display passenger vehicle classification license number plates. These plates must be furnished at cost by the registrar. Original and renewal applications for these passenger vehicle license plates must be accompanied by a certification signed by the agency administrator. The certification must be on a form prescribed by the commissioner and state that the vehicles will be used exclusively for the official duties of the social service agency.

 

(g) (i) All other motor vehicles must be registered and display tax-exempt number plates, furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles required to display tax-exempt number plates must have the name of the state department or political subdivision, nonpublic high school operating a driver education program, or licensed commercial driving school, or other qualifying organization or entity, plainly displayed on both sides of the vehicle; except that each state hospital and institution for persons who are mentally ill and developmentally disabled may have one vehicle without the required identification on the sides of the vehicle, and county social service agencies may have vehicles used for child and vulnerable adult protective services without the required identification on the sides of the vehicle. This identification must be in a color giving contrast with that of the part of the vehicle on which it is placed and must endure throughout the term of the registration. The identification must not be on a removable plate or placard and must be kept clean and visible at all times; except that a removable plate or placard may be utilized on vehicles leased or loaned to a political subdivision or to a nonpublic high school driver education program.

 

Sec. 6. Minnesota Statutes 2007 Supplement, section 168.017, subdivision 3, is amended to read:

 

Subd. 3. Exceptions. (a) The registrar shall register all vehicles subject to registration under the monthly series system for a period of 12 consecutive calendar months, unless:

 

(1) the application is an original rather than renewal application; or

 

(2) the application is for quarterly registration under section 168.018; or


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(2) (3) the applicant is a licensed motor vehicle lessor under section 168.27 and the vehicle is leased or rented for periods of time of not more than 28 days, in which case the applicant may apply for initial or renewed registration of a vehicle for a period of four or more months, with the month of expiration to be designated by the applicant at the time of registration.

 

However, (b) To qualify for this the exemption under paragraph (a), clause (3), the applicant must (1) present the application to the registrar at St. Paul, or a designated deputy registrar office, and (2) stamp in red, on the certificate of title, the phrase "The expiration month of this vehicle is ....." with the blank filled in with the month of expiration as if the vehicle is being registered for a period of 12 calendar months.

 

(b) (c) In any instance except that of a licensed motor vehicle lessor, the registrar shall not approve registering the vehicle subject to the application for a period of less than three months, except when the registrar determines that to do otherwise will help to equalize the registration and renewal work load of the department.

 

Sec. 7. Minnesota Statutes 2006, section 168.021, subdivision 1, is amended to read:

 

Subdivision 1. Disability plates; application. (a) When a motor vehicle registered under section 168.017, a motorcycle, a truck having a manufacturer's nominal rated capacity of one ton and resembling a pickup truck, or a self-propelled recreational vehicle is owned or primarily operated by a permanently physically disabled person or a custodial parent or guardian of a permanently physically disabled minor, the owner may apply for and secure from the commissioner (1) immediately, a temporary permit valid for 30 days if the applicant is eligible for the disability plates issued under this section and (2) two disability plates with attached emblems, one plate to be attached to the front, and one to the rear of the motor vehicle.

 

(b) The commissioner shall not issue more than one set of plates to any owner of a motor vehicle at the same time unless all motor vehicles have been specifically modified for and are used exclusively by a permanently physically disabled person the state council on disability approves the issuance of a second set of plates to a motor vehicle owner.

 

(c) When the owner first applies for the disability plates, the owner must submit a medical statement in a format approved by the commissioner under section 169.345, or proof of physical disability provided for in that section.

 

(d) No medical statement or proof of disability is required when an owner of a motor vehicle applies for plates for one or more motor vehicles that are specially modified for and used exclusively by permanently physically disabled persons.

 

(e) The owner of a motor vehicle may apply for and secure (i) immediately, a permit valid for 30 days, if the applicant is eligible to receive the disability plates issued under this section, and (ii) a set of disability plates for a motor vehicle if:

 

(1) the owner employs a permanently physically disabled person who would qualify for disability plates under this section; and

 

(2) the owner furnishes the motor vehicle to the physically disabled person for the exclusive use of that person in the course of employment.

 

Sec. 8. Minnesota Statutes 2006, section 168.021, subdivision 2, is amended to read:

 

Subd. 2. Plate design; furnished by commissioner. The commissioner shall design and furnish two disability plates with attached emblems to each an eligible owner. The emblem must bear the internationally accepted wheelchair symbol, as designated in section 16B.61, subdivision 5, approximately three inches square. The emblem must be large enough to be visible plainly from a distance of 50 feet. An applicant eligible for disability plates shall pay the motor vehicle registration fee authorized by sections 168.013 and 168.09.


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Sec. 9. Minnesota Statutes 2006, section 168.09, subdivision 7, is amended to read:

 

Subd. 7. Display of temporary permit; special plates. (a) A vehicle that displays a special Minnesota plate issued under section 168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123; 168.124; 168.125; 168.126; 168.128; or 168.129, chapter 168 may display a temporary permit in conjunction with expired registration if:

 

(1) the current registration tax and all other fees and taxes have been paid in full; and

 

(2) the plate requires replacement under section 168.12, subdivision 1, paragraph (d), clause (3) has been applied for.

 

(b) A vehicle that is registered under section 168.10 may display a temporary permit in conjunction with expired registration, with or without a registration plate, if:

 

(1) the plates have been applied for and;

 

(2) the registration tax has and other fees and taxes have been paid in full, as provided for in section 168.10; and

 

(2) (3) either the vehicle is used solely as a collector vehicle while displaying the temporary permit and not used for general transportation purposes or the vehicle was issued a 21-day permit under section 168.092, subdivision 1.

 

(c) The permit is valid for a period of 60 days. The permit must be in a format prescribed by the commissioner and whenever practicable must be posted upon the driver's side of the rear window on the inside of the vehicle. The permit is valid only for the vehicle for which it was issued to allow a reasonable time for the new plates to be manufactured and delivered to the applicant. The permit may be only issued by the commissioner or by a deputy registrar under section 168.33.

 

Sec. 10. Minnesota Statutes 2006, section 168.185, is amended to read:

 

168.185 USDOT NUMBERS.

 

(a) Except as provided in paragraph (d), an owner of a truck or truck-tractor having a gross vehicle weight of more than 10,000 pounds, as defined in section 169.01, subdivision 46, other than a farm truck that is not used in interstate commerce, shall report to the registrar commissioner at the time of registration its USDOT carrier number. A person subject to this paragraph who does not have a USDOT number shall apply for the number at the time of registration by completing a form MCS-150 Motor Carrier Identification Report, issued by the Federal Motor Carrier Safety Administration, or comparable document as determined by the registrar commissioner. The registrar commissioner shall not assign a USDOT carrier number to a vehicle owner who is not subject to this paragraph.

 

(b) Assigned USDOT numbers need not be displayed on the outside of the vehicle, but must be made available upon request of an authorized agent of the registrar commissioner, peace officer, other employees of the State Patrol authorized in chapter 299D, or employees of the Minnesota Department of Transportation. The vehicle owner shall notify the registrar commissioner if there is a change to the owner's USDOT number.

 

(c) If an owner fails to report or apply for a USDOT number, the registrar commissioner shall suspend the owner's registration.

 

(d) Until October 1, 2003, paragraphs (a) to (c) do not apply to an agricultural fertilizer or agricultural chemical retailer while exclusively engaged in delivering fertilizer or agricultural chemicals to a farmer for on-farm use. This section does not apply to (1) a farm truck that is not used in interstate commerce, (2) a vehicle that is not used in intrastate commerce or interstate commerce, or (3) a vehicle that is owned and used solely in the transaction of official business by the federal government, the state, or any political subdivision.


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Sec. 11. Minnesota Statutes 2006, section 168A.03, subdivision 1, is amended to read:

 

Subdivision 1. No certificate issued. The registrar shall not issue a certificate of title for:

 

(1) a vehicle owned by the United States;

 

(2) a vehicle owned by a nonresident and not required by law to be registered in this state;

 

(3) a vehicle owned by a nonresident and regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;

 

(4) a vehicle moved solely by animal power;

 

(5) an implement of husbandry;

 

(6) special mobile equipment;

 

(7) a self-propelled wheelchair or invalid tricycle;

 

(8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party holds an interest in the trailer or a certificate of title was previously issued by this state or any other state or (ii) designed primarily for agricultural purposes except a recreational vehicle or a manufactured home, both as defined in section 168.011, subdivisions 8 and 25;

 

(9) a snowmobile.; and

 

(10) a spotter truck, as defined in section 169.01, subdivision 7a.

 

EFFECTIVE DATE. This section is effective the day following final enactment and expires June 30, 2013.

 

Sec. 12. Minnesota Statutes 2006, section 168A.05, subdivision 9, is amended to read:

 

Subd. 9. Neighborhood electric vehicle and medium-speed electric vehicles; certificate required. Neighborhood electric vehicles and medium-speed electric vehicles, as defined in section 169.01, subdivision subdivisions 91 and 94, must be titled as specified in section 168A.02. The department shall not issue a title for a neighborhood electric vehicle or a medium-speed electric vehicle (1) that lacks a vehicle identification number, and (2) for which a manufacturer's certificate of origin clearly labeling the vehicle as a neighborhood electric vehicle or similar designation has not been issued. The department shall not issue a vehicle identification number to a homemade neighborhood electric or low-speed vehicle or retrofitted golf cart, and such vehicles do not qualify as neighborhood electric vehicles.

 

Sec. 13. Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to read:

 

Subd. 2. Sale after 45 days or title transfer. An (a) If an unauthorized vehicle is impounded, other than by the city of Minneapolis or the city of St. Paul, the impounded vehicle is eligible for disposal or sale under section 168B.08, the earlier of:

 

(1) 45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle that was not impounded by the city of Minneapolis or the city of St. Paul; or

 

(2) the date of a voluntary written title transfer by the registered owner to the impound lot operator.


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(b) A voluntary written title transfer constitutes a waiver by the registered owner of any right, title, and interest in the vehicle.

 

Sec. 14. Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read:

 

Subdivision 1. Contents; Written notice given within five days of impound. (a) When an impounded vehicle is taken into custody, the unit of government or impound lot operator taking it into custody shall give written notice of the taking within five days to the registered vehicle owner and any lienholders.

 

(b) The notice shall must:

 

(1) set forth the date and place of the taking,;

 

(2) provide the year, make, model, and serial number of the impounded motor vehicle, if such information can be reasonably obtained, and the place where the vehicle is being held,;

 

(2) (3) inform the owner and any lienholders of their right to reclaim the vehicle under section 168B.07, and;

 

(3) (4) state that failure of the owner or lienholders to:

 

(i) exercise their right to reclaim the vehicle and contents within the appropriate time allowed under section 168B.051, subdivision 1, 1a, or 2, shall be deemed and under the conditions set forth in section 168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest in the vehicle and contents and a consent to the transfer of title to and disposal or sale of the vehicle and contents pursuant to section 168B.08; or

 

(ii) exercise their right to reclaim the contents of the vehicle within the appropriate time allowed and under the conditions set forth in section 168B.07, subdivision 3, constitutes a waiver by them of all right, title, and interest in the contents and consent to sell or dispose of the contents under section 168B.08; and

 

(5) state that a vehicle owner who provides to the impound lot operator documentation from a government or nonprofit agency or legal aid office that the owner is homeless, receives relief based on need, is eligible for legal aid services, or has a household income at or below 50 percent of state median income has the unencumbered right to retrieve any and all contents without charge.

 

Sec. 15. Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read:

 

Subd. 3. Unauthorized vehicle; second notice. If an unauthorized vehicle remains unclaimed after 30 days from the date the notice was sent under subdivision 2, a second notice shall must be sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.

 

Sec. 16. Minnesota Statutes 2006, section 168B.07, is amended by adding a subdivision to read:

 

Subd. 3. Retrieval of contents. (a) For purposes of this subdivision:

 

(1) "contents" does not include any permanently affixed mechanical or nonmechanical automobile parts; automobile body parts; or automobile accessories, including audio or video players; and


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(2) "relief based on need" includes, but is not limited to, receipt of MFIP and Diversionary Work Program, medical assistance, general assistance, general assistance medical care, emergency general assistance, Minnesota supplemental aid (MSA), MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy assistance, emergency assistance, Food Stamps, earned income tax credit, or Minnesota working family tax credit.

 

(b) A unit of government or impound lot operator shall establish reasonable procedures for retrieval of vehicle contents, and may establish reasonable procedures to protect the safety and security of the impound lot and its personnel.

 

(c) At any time before the expiration of the waiting periods provided in section 168B.051, a registered owner who provides documentation from a government or nonprofit agency or legal aid office that the registered owner is homeless, receives relief based on need, is eligible for legal aid services, or has a household income at or below 50 percent of state median income has the unencumbered right to retrieve any and all contents without charge and regardless of whether the registered owner pays incurred charges or fees, transfers title, or reclaims the vehicle.

 

(d) At any time before the expiration of the waiting periods provided in section 168B.051, a registered owner other than a registered owner described in paragraph (c) has the unencumbered right to retrieve the following contents: medicine; medical-related items and equipment; clothing; eyeglasses; educational materials; and legal documents, including, but not limited to, a driver's license, identification, passports, insurance documents, any other documents related to a pending or concluded judicial or administrative proceeding, tax returns, and documents indicating receipt of or eligibility for public benefit programs. This provision does not prohibit the return of other contents at the discretion of the impound lot operator.

 

(e) An impound lot operator is not required to return any contents to a person who is not the registered owner of the impounded vehicle, other than legal documents. Legal documents include, but are not limited to, driver's license, identification, passports, insurance documents, any other documents related to a pending or concluded judicial or administrative proceeding, and tax returns. An impound lot operator is not required to return any contents to a person who is not the registered owner after the expiration of the waiting periods provided in section 168B.051, or if the registered owner voluntarily transfers title to the impound lot operator under section 168B.051, subdivision 2.

 

Sec. 17. Minnesota Statutes 2006, section 168B.07, is amended by adding a subdivision to read:

 

Subd. 4. Waiver of rights. The failure of the registered owner or lienholders to exercise the right to reclaim the vehicle before the expiration of the waiting periods provided under section 168B.051 constitutes a waiver of all right, title, and interest in the vehicle and a consent to the transfer of title to, and disposal or sale of, the vehicle under section 168B.08. The failure of the registered owner to exercise the right provided under subdivision 3 constitutes a waiver of all right, title, and interest in the contents and a consent to the transfer of title to, and disposal or sale of, the contents under section 168B.08.

 

Sec. 18. Minnesota Statutes 2006, section 168B.08, subdivision 1, is amended to read:

 

Subdivision 1. Auction or sale. (a) If an abandoned or unauthorized vehicle and contents taken into custody by a unit of government or any impound lot is not reclaimed under section 168B.07, subdivision 1, it may be disposed of or sold at auction or sale when eligible pursuant to sections 168B.06 and 168B.07. If the contents of an abandoned or unauthorized vehicle taken into custody by a unit of government or any impound lot is not reclaimed under section 168B.07, subdivision 3, it may be disposed of or sold at auction or sale when eligible pursuant to sections 168B.06 and 168B.07.


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(b) The purchaser shall be given a receipt in a form prescribed by the registrar of motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate of title it must receive a motor vehicle safety check.

 

Sec. 19. Minnesota Statutes 2006, section 168B.087, subdivision 1, is amended to read:

 

Subdivision 1. Deficiency claim. (a) The nonpublic impound lot operator has a deficiency claim against the registered owner of the vehicle for the reasonable costs of services provided in the towing, storage, and inspection of the vehicle minus the proceeds of the sale or auction, except as provided in paragraph (c).

 

(b) The claim for storage costs may not exceed the costs of:

 

(1) 25 days storage, for a vehicle described in section 168B.051, subdivision 1; and

 

(2) 15 days storage, for a vehicle described in section 168B.051, subdivision 1a; and

 

(3) 55 days storage, for a vehicle described in section 168B.051, subdivision 2.

 

(c) A public impound lot operator is prohibited from:

 

(1) filing a deficiency claim against a registered owner whom the operator knows:

 

(i) is homeless;

 

(ii) receives relief based on need, as defined in section 168B.07; or

 

(iii) has a household income at or below 50 percent of state median income; or

 

(2) recovering a deficiency from a registered owner who demonstrates that the owner, at the time the deficiency claim was filed:

 

(i) was homeless;

 

(ii) received relief based on need, as defined in section 168B.07; or

 

(iii) had a household income at or below 50 percent of state median income.

 

Sec. 20. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision to read:

 

Subd. 7a. Spotter truck. "Spotter truck" means a truck-tractor with a manufacturer's certificate of origin "not for on road use" specification, used exclusively for staging or shuttling trailers in the course of a truck freight operation or freight shipping operation.

 

EFFECTIVE DATE. This section is effective the day following final enactment and expires June 30, 2013.

 

Sec. 21. Minnesota Statutes 2006, section 169.01, subdivision 55, is amended to read:

 

Subd. 55. Implement of husbandry. "Implement of husbandry" has the meaning given in section 168A.01, subdivision 8 means a self-propelled or towed vehicle designed or adapted to be used exclusively for timber-harvesting, agricultural, horticultural, or livestock-raising operations.


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Sec. 22. Minnesota Statutes 2006, section 169.01, subdivision 76, is amended to read:

 

Subd. 76. Hazardous materials. "Hazardous materials" means those materials found to be hazardous for the purposes of the federal Hazardous Materials Transportation Act and that require the motor vehicle any material that has been designated as hazardous under United States Code, title 49, section 5103, and is required to be placarded under Code of Federal Regulations, title 49, parts 100-185 part 172, subpart F, or any quantity of a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73.

 

Sec. 23. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision to read:

 

Subd. 93. Wireless communications device. "Wireless communications device" means (1) a cellular phone, or (2) a portable electronic device that is capable of receiving and transmitting data, including but not limited to text messages and e-mail, without an access line for service. A wireless communications device does not include a device that is permanently affixed to the vehicle, including a global positioning system or navigation system.

 

Sec. 24. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision to read:

 

Subd. 94. Medium-speed electric vehicle. "Medium-speed electric vehicle" means an electrically powered four-wheeled motor vehicle, equipped with a roll cage or crushproof body design, that can attain a maximum speed of 35 miles per hour on a paved level surface, is fully enclosed and has at least one door for entry, has a wheelbase of 40 inches or greater and a wheel diameter of ten inches or greater, and except with respect to maximum speed otherwise meets or exceeds regulations in Code of Federal Regulations, title 49, section 571.500, and successor requirements.

 

Sec. 25. Minnesota Statutes 2006, section 169.18, subdivision 1, is amended to read:

 

Subdivision 1. Keep to the right. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

 

(1) when overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

 

(2) when the right half of a roadway is closed to traffic while under construction or repair;

 

(3) upon a roadway divided into three marked lanes for traffic under the rules applicable thereon;

 

(4) upon a roadway designated and signposted for one-way traffic as a one-way roadway; or

 

(5) as necessary to comply with subdivision 11 when approaching an authorized emergency vehicle parked or stopped on the roadway.; or

 

(6) as necessary to comply with subdivision 12 when approaching a road maintenance or construction vehicle parked or stopped on the roadway.

 

Sec. 26. Minnesota Statutes 2006, section 169.18, subdivision 5, is amended to read:

 

Subd. 5. Driving left of roadway center; exception. (a) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction.


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(b) Except on a one-way roadway or as provided in paragraph (c), no vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left half of the roadway under the following conditions:

 

(1) when approaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed within a distance of 700 feet;

 

(2) when approaching within 100 feet of any underpass or tunnel, railroad grade crossing, intersection within a city, or intersection outside of a city if the presence of the intersection is marked by warning signs; or

 

(3) where official signs are in place prohibiting passing, or a distinctive centerline is marked, which distinctive line also so prohibits passing, as declared in the Manual on Uniform Traffic Control Devices adopted by the commissioner.

 

(c) Paragraph (b) does not apply to a self-propelled or towed implement of husbandry that (1) is escorted at the front by a registered motor vehicle that is displaying vehicular hazard warning lights visible to the front and rear in normal sunlight, and (2) does not extend into the left half of the roadway to any greater extent than made necessary by the total width of the right half of the roadway together with any adjacent shoulder that is suitable for travel.

 

(d) Paragraph (b) does not apply to a self-propelled or towed implement of husbandry that is operated to the left half of the roadway if such operation is not to a greater extent than is necessary to avoid collision with a parked vehicle, sign, or other stationary object located on the highway right-of-way.

 

Sec. 27. Minnesota Statutes 2006, section 169.18, is amended by adding a subdivision to read:

 

Subd. 12. Passing certain parked vehicles; citation; probable cause. (a) When approaching and before passing a freeway service patrol, road maintenance, or construction vehicle with its warning lights activated that is parked or otherwise stopped on or next to a street or highway having two lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane farthest away from the vehicle, if it is possible to do so.

 

(b) When approaching and before passing a freeway service patrol, road maintenance, or construction vehicle with its warning lights activated that is parked or otherwise stopped on or next to a street or highway having more than two lanes in the same direction, the driver of a vehicle shall safely move the vehicle so as to leave a full lane vacant between the driver and any lane in which the vehicle is completely or partially parked or otherwise stopped, if it is possible to do so.

 

(c) A peace officer may issue a citation to the driver of a motor vehicle if the peace officer has probable cause to believe that the driver has operated the vehicle in violation of this subdivision within the four-hour period following the termination of the incident.

 

Sec. 28. Minnesota Statutes 2006, section 169.224, is amended to read:

 

169.224 NEIGHBORHOOD AND MEDIUM-SPEED ELECTRIC VEHICLES.

 

Subdivision 1. Definition. For purposes of this section, "road authority" means the commissioner, as to trunk highways; the county board, as to county state-aid highways and county highways; the town board, as to town roads; and the governing body of a city, as to city streets.

 

Subd. 2. Required equipment. Notwithstanding any other law, a neighborhood electric vehicle or a medium-speed electric vehicle may be operated on public streets and highways if it meets all equipment and vehicle safety requirements in Code of Federal Regulations, title 49, section 571.500, and successor requirements.


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Subd. 3. Operation. A neighborhood electric vehicle or a medium-speed electric vehicle may not be operated on a street or highway with a speed limit greater than 35 miles per hour, except to make a direct crossing of that street or highway.

 

Subd. 4. Restrictions and prohibitions. (a) A road authority, including the commissioner of transportation by order, may prohibit or further restrict the operation of neighborhood electric vehicles and medium-speed electric vehicles on any street or highway under the road authority's jurisdiction.

 

(b) Neither a neighborhood electric vehicle nor a medium-speed electric vehicle may not be used to take any examination to demonstrate ability to exercise control in the operation of a motor vehicle as required under section 171.13.

 

Sec. 29. [169.228] SPOTTER TRUCKS.

 

Notwithstanding any other law, a spotter truck may be operated on public streets and highways if:

 

(1) the operator has a valid class A, B, or C driver's license;

 

(2) the vehicle complies with the size, weight, and load restrictions under this chapter;

 

(3) the vehicle meets all inspection requirements under section 169.781; and

 

(4) the vehicle is operated (i) within a zone of two air miles from the truck freight operation or freight shipping operation where the vehicle is housed, or (ii) directly to and from a repair shop, service station, or fueling station for the purpose of repair, servicing, or refueling.

 

EFFECTIVE DATE. This section is effective the day following final enactment and expires June 30, 2013.

 

Sec. 30. Minnesota Statutes 2007 Supplement, section 169.443, subdivision 9, is amended to read:

 

Subd. 9. Personal cellular phone call prohibition. (a) As used in this subdivision, "school bus" has the meaning given in section 169.01, subdivision 6. In addition, the term includes type III school buses as described in section 169.01, subdivision 6, clause (5), when driven by employees or agents of school districts for transportation.

 

(b) A school bus driver may not operate a school bus while communicating over, or otherwise operating, a cellular phone for personal reasons, whether hand-held or hands free, when the vehicle is in motion.

 

EFFECTIVE DATE. This section is effective August 1, 2008, and applies to crimes committed on or after that date.

 

Sec. 31. [169.475] USE OF WIRELESS COMMUNICATIONS DEVICE.

 

Subdivision 1. Definition. For purposes of this section, "electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.

 

Subd. 2. Prohibition on use. No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.


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Subd. 3. Exceptions. This section does not apply if a wireless communications device is used:

 

(1) solely in a voice-activated or other hands-free mode;

 

(2) for making a cellular phone call;

 

(3) for obtaining emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;

 

(4) in the reasonable belief that a person's life or safety is in immediate danger; or

 

(5) in an authorized emergency vehicle while in the performance of official duties.

 

Sec. 32. Minnesota Statutes 2006, section 169.67, subdivision 3, is amended to read:

 

Subd. 3. Trailer, semitrailer. (a) No trailer or semitrailer with a gross vehicle weight of 3,000 or more pounds, or a gross weight that exceeds the empty weight of the towing vehicle, may be drawn on a highway unless it is equipped with brakes that are adequate to control the movement of and to stop and hold the trailer or semitrailer. A surge brake on a trailer or semitrailer meets the requirement of this paragraph for brakes adequate to stop and hold the trailer or semitrailer.

 

(b) No trailer or semitrailer that is required to have brakes and that has with a gross vehicle weight of more than 6,000 3,000 pounds may be drawn on a highway unless it is equipped with brakes that are so constructed that they are adequate to stop and hold the trailer or semitrailer whenever it becomes detached from the towing vehicle.

 

(c) Except as provided in paragraph (d), paragraph (a) does not apply to:

 

(1) a trailer used by a farmer while transporting farm products produced on the user's farm, or supplies back to the farm of the trailer's user;

 

(2) a towed custom service vehicle drawn by a motor vehicle that is equipped with brakes that meet the standards of subdivision 5, provided that such a towed custom service vehicle that exceeds 30,000 pounds gross weight may not be drawn at a speed of more than 45 miles per hour;

 

(3) a trailer or semitrailer operated or used by retail dealers of implements of husbandry while engaged exclusively in the delivery of implements of husbandry;

 

(4) (2) a motor vehicle drawn by another motor vehicle that is equipped with brakes that meet the standards of subdivision 5; and

 

(5) a tank trailer of not more than 12,000 pounds gross weight owned by a distributor of liquid fertilizer while engaged exclusively in transporting liquid fertilizer, or gaseous fertilizer under pressure;

 

(6) a trailer of not more than 12,000 pounds gross weight owned by a distributor of dry fertilizer while engaged exclusively in the transportation of dry fertilizer; and

 

(7) (3) a disabled vehicle while being towed to a place of repair.

 

(d) Vehicles described in paragraph (c), clauses (1), (3), and (4) clause (2), may be operated without complying with paragraph (a) only if the trailer or semitrailer does not exceed the following gross weights:


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(1) 3,000 pounds while being drawn by a vehicle registered as a passenger automobile, other than a pickup truck as defined in section 168.011, subdivision 29;

 

(2) 12,000 pounds while being drawn by any other motor vehicle except a self-propelled implement of husbandry.

 

Sec. 33. Minnesota Statutes 2006, section 169.781, subdivision 1, is amended to read:

 

Subdivision 1. Definitions. For purposes of sections 169.781 to 169.783:

 

(a) "Commercial motor vehicle" means:

 

(1) a commercial motor vehicle as defined in section 169.01, subdivision 75, paragraph (a); and

 

(2) each vehicle in a combination of more than 26,000 pounds.; and

 

(3) a spotter truck.

 

"Commercial motor vehicle" does not include (1) a school bus or Head Start bus displaying a certificate under section 169.451, (2) a bus operated by the Metropolitan Council or by a local transit commission created in chapter 458A, or (3) a motor vehicle that is required to be placarded under Code of Federal Regulations, title 49, parts 100‑185.

 

(b) "Commissioner" means the commissioner of public safety.

 

(c) "Owner" means a person who owns, or has control, under a lease of more than 30 days' duration, of one or more commercial motor vehicles.

 

(d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store property at a location not on a street or highway, (2) does not contain any load when moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked on each side of the semitrailer "storage only" in letters at least six inches high.

 

(e) "Building mover vehicle" means a vehicle owned or leased by a building mover as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for moving buildings.

 

EFFECTIVE DATE. This section is effective the day following final enactment and expires June 30, 2013.

 

Sec. 34. Minnesota Statutes 2006, section 169.781, subdivision 2, is amended to read:

 

Subd. 2. Inspection required. It is unlawful for a person to operate or permit the operation of:

 

(1) a commercial motor vehicle registered in Minnesota or a spotter truck; or

 

(2) special mobile equipment as defined in section 168.011, subdivision 22, and which is self-propelled, if it is mounted on a commercial motor vehicle chassis,

 

unless the vehicle displays a valid safety inspection decal issued by an inspector certified by the commissioner, or the vehicle carries (1) proof that the vehicle complies with federal motor vehicle inspection requirements for vehicles in interstate commerce, and (2) a certificate of compliance with federal requirements issued by the commissioner under subdivision 9.

 

EFFECTIVE DATE. This section is effective the day following final enactment and expires on June 30, 2013.


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Sec. 35. Minnesota Statutes 2006, section 169.781, subdivision 5, is amended to read:

 

Subd. 5. Inspection decal; violation, penalty. (a) A person inspecting a commercial motor vehicle shall issue an inspection decal for the vehicle if each inspected component of the vehicle complies with federal motor carrier safety regulations. The decal must state that in the month specified on the decal the vehicle was inspected and each inspected component complied with federal motor carrier safety regulations. The decal is valid for 12 months after the month specified on the decal. The commissioners of public safety and transportation shall make decals available, at a fee of not more than $2 for each decal, to persons certified to perform inspections under subdivision 3, paragraph (b).

 

(b) Minnesota inspection decals may be affixed only to:

 

(1) commercial motor vehicles bearing Minnesota-based license plates; or

 

(2) special mobile equipment, within the meaning of subdivision 2, clause (2).

 

(c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle unless the vehicle has one or more defects that would result in the vehicle being declared out of service under the North American Uniform Driver, Vehicle, and Hazardous Materials Out-of-Service Criteria issued by the Federal Highway Administration and the Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1), (2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle must clearly indicate that it is valid for two years from the date of issuance.

 

(d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered as a farm truck, (2) is not operated more than 75 miles from the owner's home post office, and (3) was manufactured before 1979 that has a dual transmission system, is not required to comply with a requirement in an inspection standard that requires that the service brake system and parking brake system be separate systems in the motor vehicle.

 

(e) A person who, with the intent to defraud, falsely makes, duplicates, alters, or forges a decal or other writing or thing purporting to be a Minnesota inspection decal described in this subdivision is guilty of a felony. A person who, with the intent to defraud, possesses a decal or other writing or thing falsely purporting to be a Minnesota inspection decal described in this subdivision is guilty of a gross misdemeanor.

 

Sec. 36. Minnesota Statutes 2006, section 169.79, is amended to read:

 

169.79 VEHICLE REGISTRATION; DISPLAYING LICENSE PLATES.

 

Subdivision 1. Registration required. No person shall operate, drive, or park a motor vehicle on any highway unless the vehicle is registered in accordance with the laws of this state and has the number plates or permit confirming that valid registration or operating authority has been obtained, except as provided in sections 168.10 and 168.12, subdivision 2f, as assigned to it by the commissioner of public safety, conspicuously displayed thereon in a manner that the view of any plate or permit is not obstructed. A plate issued under section 168.27 or a permit issued under chapter 168 may be displayed on a vehicle in conjunction with expired registration whether or not it displays the license plate to which the last registration was issued.

 

Subd. 2. Semitrailer. If the vehicle is a semitrailer, the number plate displayed must be assigned to the registered owner and correlate to the certificate of title documentation on file with the department and shall not display a year indicator.


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Subd. 3. Rear display of single plate. If the vehicle is a motorcycle, motor scooter, motorized bicycle, motorcycle sidecar, trailer registered at greater than 3,000 pounds gross vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then one license plate must be displayed horizontally with the identifying numbers and letters facing outward from the vehicle and must be mounted in the upright position on the rear of the vehicle.

 

Subd. 3a. Small trailer. If the vehicle is a trailer with 3,000 pounds or less GVW with lifetime registration, the numbered plate or sticker must be adhered to the side of the trailer frame tongue near the hitch.

 

Subd. 4. Collector's vehicle. If the vehicle is (1) a collector's vehicle with a pioneer, classic car, collector, or street rod license; (2) a vehicle that meets the requirements of a pioneer, classic, or street rod vehicle except that the vehicle is used for general transportation purposes; or (3) a vehicle that is of model year 1972 or earlier, not registered under section 168.10, subdivision 1c, and is used for general transportation purposes, then one plate must be displayed on the rear of the vehicle, or one plate on the front and one on the rear, at the discretion of the owner.

 

Subd. 5. Truck-tractor, road-tractor, or farm truck. If the vehicle is a truck-tractor, road-tractor, or farm truck, as defined in section 168.011, subdivision 17, but excluding from that definition semitrailers and trailers, then one plate must be displayed on the front of the vehicle.

 

Subd. 6. Other motor vehicles. If the motor vehicle is any kind of motor vehicle other than those provided for in subdivisions 2 to 4, one plate must be displayed on the front and one on the rear of the vehicle.

 

Subd. 7. Plate fastened and visible. All plates must be (1) securely fastened so as to prevent them from swinging, (2) displayed horizontally with the identifying numbers and letters facing outward from the vehicle, and (3) mounted in the upright position. The person driving the motor vehicle shall keep the plate legible and unobstructed and free from grease, dust, or other blurring material so that the lettering is plainly visible at all times. It is unlawful to cover any assigned letters and numbers or the name of the state of origin of a license plate with any material whatever, including any clear or colorless material that affects the plate's visibility or reflectivity.

 

Subd. 8. Plate registration stickers. As viewed facing the plates:

 

(a) License plates issued to vehicles registered under section 168.017 must display the month of expiration in the lower left corner as viewed facing the of each plate and the year of expiration in the lower right corner as viewed facing the of each plate.

 

(b) License plates issued to vehicles registered under section 168.127 must display either fleet registration validation stickers in the lower right corner as viewed facing the plates of each plate or distinctive license plates, issued by the registrar, with "FLEET REG" displayed on the bottom center portion of the each plate.

 

(c) License plates issued after July 1, 2008, requiring validation must display the month of expiration in the lower left corner of each plate and the year of expiration in the lower right corner of the plate.

 

Subd. 9. Tax-exempt vehicle marking. Vehicles displaying tax-exempt plates issued under section 16B.581 or 168.012 must have vehicle markings that comply with section 168.012, subdivision 1.

 

Sec. 37. Minnesota Statutes 2006, section 169.801, is amended to read:

 

169.801 IMPLEMENT OF HUSBANDRY.

 

Subdivision 1. Exemption from size, weight, load provisions. Except as provided in this section and section 169.82, the provisions of sections 169.80 to 169.88 that govern size, weight, and load do not apply to:


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(1) a horse-drawn wagon while carrying a load of loose straw or hay;

 

(2) a specialized vehicle resembling a low-slung trailer having a short bed or platform, while transporting one or more implements of husbandry; or

 

(3) an implement of husbandry while being driven or towed at a speed of not more than 30 miles per hour; provided that this exemption applies to an implement of husbandry owned, leased, or under the control of a farmer or implement dealer only while the implement of husbandry is being operated on noninterstate roads or highways within 75 miles of any farmland or implement dealership: (i) owned, leased, or operated by the farmer or implement dealer and (ii) on which the farmer or implement dealer regularly uses or sells or leases the implement of husbandry while operated in compliance with this section.

 

Subd. 2. Weight per inch of tire width restrictions. (a) An implement of husbandry that is not self-propelled and is equipped with pneumatic tires may not be operated on a public highway with a maximum wheel load that exceeds 600 pounds per inch of tire width before August 1, 1996, and 500 pounds per inch of tire width on and after August 1, 1996.

 

(b) After December 31, 2009, a person operating or towing an implement of husbandry on a bridge must comply with the gross weight limitations provided in section 169.824.

 

Subd. 3. Hitches. A towed implement of husbandry must be equipped with (1) safety chains that meet the requirements of section 169.82, subdivision 3, paragraph (b); (2) a regulation fifth wheel and kingpin assembly approved by the commissioner of public safety; or (3) a hitch pin or other hitching device with a retainer that prevents accidental unhitching.

 

Subd. 4. Bridge posting. Despite subdivision 2, a person operating or towing an implement of husbandry must comply with a sign that limits the maximum weight allowed on a bridge.

 

Subd. 5. Height and width. A person operating, towing, or transporting an implement of husbandry that is higher than 13 feet six inches or wider than allowed under section 169.80, subdivision 2, must ensure that the operation or transportation does not damage a highway structure, utility line or structure, or other fixture adjacent to or over a public highway.

 

Subd. 6. Speed. No person may operate or tow an implement of husbandry at a speed of more than 30 miles per hour.

 

Subd. 7. Driving rules. (a) An implement of husbandry may not be operated or towed on an interstate highway.

 

(b) An implement of husbandry may be operated or towed to the left of the center of a roadway only if it is escorted at the front by a vehicle displaying hazard warning lights visible in normal sunlight and the operation does not extend into the left half of the roadway more than is necessary.

 

Subd. 8. Lights. An implement of husbandry must be equipped with lights that comply with section 169.55, subdivisions 2 and 3.

 

Subd. 9. Slow moving vehicle emblem. An implement of husbandry must comply with section 169.522.

 

Subd. 10. Brakes. Notwithstanding section 169.67:

 

(a) A self-propelled implement of husbandry must be equipped with brakes adequate to control its movement and to stop and hold it and any vehicle it is towing.


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(b) A towed implement of husbandry must be equipped with brakes adequate to control its movement and to stop and hold it if:

 

(1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured and sold after January 1, 1994;

 

(2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a vehicle other than a self-propelled implement of husbandry; or

 

(3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a registered passenger automobile other than a pickup truck as defined in section 168.011, subdivision 29.

 

(c) If a towed implement of husbandry with a gross vehicle weight of more than 6,000 pounds is required under paragraph (b) to have brakes, it must also have brakes adequate to stop and hold it if it becomes detached from the towing vehicle.

 

Subd. 11. Manure application technologies. The Department of Transportation shall investigate and recommend opportunities for infrastructure adaptation to accommodate the implementation of manure application technologies that lessen impacts on roads and bridges.

 

Sec. 38. Minnesota Statutes 2006, section 169.82, subdivision 3, is amended to read:

 

Subd. 3. Hitch, chain, or cable. (a) Every trailer or semitrailer must be hitched to the towing motor vehicle by a device approved by the commissioner of public safety.

 

(b) Every trailer and semitrailer must be equipped with safety chains or cables permanently attached to the trailer except in cases where the coupling device is a regulation fifth wheel and kingpin assembly approved by the commissioner of public safety. In towing, the chains or cables must be attached to the vehicles near the points of bumper attachments to the chassis of each vehicle, and must be of sufficient strength to control the trailer in the event of failure of the towing device. The length of chain or cable must be no more than necessary to permit free turning of the vehicles. A minimum fine of $25 must be imposed for a violation of this paragraph.

 

(c) This subdivision does not apply to towed implements of husbandry.

 

(d) No person may be charged with a violation of this section solely by reason of violating a maximum speed prescribed in section 169.145 or 169.67 or 169.801.

 

Sec. 39. Minnesota Statutes 2006, section 169.826, subdivision 1a, is amended to read:

 

Subd. 1a. Harvest season increase amount. The limitations provided in sections 169.822 to 169.829 are increased by ten percent from the beginning of harvest to November 30 each year for the movement of sugar beets, carrots, and potatoes from the field of harvest to the point of the first unloading. Transfer of the product from a farm vehicle or small farm trailer, within the meaning of chapter 168, to another vehicle is not considered to be the first unloading. A permit issued under section 169.86, subdivision 1, paragraph (a), is required. The commissioner shall not issue permits under this subdivision if to do so will result in a loss of federal highway funding to the state.

 

Sec. 40. Minnesota Statutes 2006, section 169.85, subdivision 1, is amended to read:

 

Subdivision 1. Driver to stop for weighing. (a) The driver of a vehicle that has been lawfully stopped may be required by an officer to submit the vehicle and load to a weighing by means of portable or stationary scales.


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(b) In addition, the officer may require that the vehicle be driven to the nearest available scales, but only if:

 

(1) the distance to the scales is no further than five miles, or if the distance from the point where the vehicle is stopped to the vehicle's destination is not increased by more than ten miles as a result of proceeding to the nearest available scales; and

 

(2) if the vehicle is a commercial motor vehicle, no more than two other commercial motor vehicles are waiting to be inspected at the scale.

 

(c) Official traffic control devices as authorized by section 169.06 may be used to direct the driver to the nearest scale.

 

(d) When a truck weight enforcement operation is conducted by means of portable or stationary scales, signs giving notice of the operation must be posted within the highway right-of-way and adjacent to the roadway within two miles of the operation. The driver of a truck or combination of vehicles registered for or weighing in excess of 12,000 with a gross vehicle weight exceeding 10,000 pounds shall proceed to the scale site and submit the vehicle to weighing and inspection.

 

Sec. 41. Minnesota Statutes 2006, section 169.86, is amended by adding a subdivision to read:

 

Subd. 8. Tow truck. A tow truck or towing vehicle, when towing a disabled or damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length and weight limitations of this chapter, subject to a $300 annual permit fee and any other conditions prescribed by the commissioner.

 

Sec. 42. Minnesota Statutes 2006, section 169A.03, subdivision 23, is amended to read:

 

Subd. 23. School bus. "School bus" has the meaning given in section 169.01, subdivision 6. In addition, the term includes type III school buses as described in section 169.01, subdivision 6, clause (5), when driven by employees or agents of school districts for transportation.

 

EFFECTIVE DATE. This section is effective August 1, 2008, and applies to crimes committed on or after that date.

 

Sec. 43. Minnesota Statutes 2006, section 171.01, subdivision 35, is amended to read:

 

Subd. 35. Hazardous materials. "Hazardous materials" means those materials found to be hazardous for the purposes of the federal Hazardous Materials Transportation Act and that require the motor vehicle any material that has been designated as hazardous under United States Code, title 49, section 5103, and is required to be placarded under Code of Federal Regulations, title 49, parts 100-185 part 172, subpart F, or any quantity of a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73.

 

Sec. 44. Minnesota Statutes 2006, section 171.01, subdivision 46, is amended to read:

 

Subd. 46. School bus. "School bus" means a motor vehicle used to transport pupils to or from a school defined in section 120A.22, or to or from school-related activities, by the school or a school district or by someone under an agreement with the school or a school district. A school bus does not include a motor vehicle transporting children to or from school for which parents or guardians receive direct compensation from a school district, a motor coach operating under charter carrier authority, a transit bus providing services as defined in section 174.22, subdivision 7, or a vehicle otherwise qualifying as a type III vehicle under section 169.01, subdivision 6, paragraph (5), when the vehicle is properly registered and insured and being driven by an employee or agent of a school district for nonscheduled transportation. has the meaning given in section 169.01, subdivision 6.


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Sec. 45. Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2, is amended to read:

 

Subd. 2. Driver's license classifications, endorsements, exemptions. (a) Drivers' licenses are classified according to the types of vehicles that may be driven by the holder of each type or class of license. The commissioner may, as appropriate, subdivide the classes listed in this subdivision and issue licenses classified accordingly.

 

(b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless so endorsed. There are four general classes of licenses as described in paragraphs (c) through (f).

 

(c) Class D drivers' licenses are valid for:

 

(1) operating all farm trucks if the farm truck is:

 

(i) controlled and operated by a farmer, including operation by an immediate family member or an employee of the farmer;

 

(ii) used to transport agricultural products, farm machinery, or farm supplies, including hazardous materials, to or from a farm;

 

(iii) not used in the operations of a common or contract motor carrier as governed by Code of Federal Regulations, title 49, part 365; and

 

(iv) used within 150 miles of the farm;

 

(2) notwithstanding paragraph (b), operating an authorized emergency vehicle, as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds gross vehicle weight;

 

(3) operating a recreational vehicle as defined in section 168.011, subdivision 25, that is operated for personal use;

 

(4) operating all single-unit vehicles except vehicles with a gross vehicle weight of more than 26,000 pounds, vehicles designed to carry more than 15 passengers including the driver, and vehicles that carry hazardous materials;

 

(5) notwithstanding paragraph (d), operating a type A school bus or a multifunctional school activity bus without a school bus endorsement if:

 

(i) the bus has a gross vehicle weight of 10,000 pounds or less;

 

(ii) the bus is designed to transport 15 or fewer passengers, including the driver; and

 

(iii) the requirements of subdivision 2a are satisfied, as determined by the commissioner;

 

(6) operating any vehicle or combination of vehicles when operated by a licensed peace officer while on duty; and

 

(7) towing vehicles if:

 

(i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or


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(ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.

 

(d) Class C drivers' licenses are valid for:

 

(1) operating class D motor vehicles;

 

(2) with a hazardous materials endorsement, transporting hazardous materials in operating class D vehicles to transport hazardous materials; and

 

(3) with a passenger endorsement, operating buses; and

 

(3) (4) with a passenger endorsement and school bus endorsement, operating school buses designed to transport 15 or fewer passengers, including the driver.

 

(e) Class B drivers' licenses are valid for:

 

(1) operating all class C motor vehicles, class D motor vehicles, and all other single-unit motor vehicles including, with a passenger endorsement, buses; and

 

(2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.

 

(f) Class A drivers' licenses are valid for operating any vehicle or combination of vehicles.

 

Sec. 46. Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision to read:

 

Subd. 2b. Exception for type III school bus drivers. (a) Notwithstanding subdivision 2, paragraph (c), the holder of a class D driver's license, without a school bus endorsement, may operate a type III school bus described in section 169.01, subdivision 6, clause (5), under the conditions in paragraphs (b) through (n).

 

(b) The operator is an employee of the entity that owns, leases, or contracts for the school bus.

 

(c) The operator's employer has adopted and implemented a policy that provides for annual training and certification of the operator in:

 

(1) safe operation of a type III school bus;

 

(2) understanding student behavior, including issues relating to students with disabilities;

 

(3) encouraging orderly conduct of students on the bus and handling incidents of misconduct appropriately;

 

(4) knowing and understanding relevant laws, rules of the road, and local school bus safety policies;

 

(5) handling emergency situations;

 

(6) proper use of seat belts and child safety restraints;

 

(7) performance of pretrip vehicle inspections; and

 

(8) safe loading and unloading of students, including, but not limited to:


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(i) utilizing a safe location for loading and unloading students at the curb, on the nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other areas to enable the student to avoid hazardous conditions;

 

(ii) refraining from loading and unloading students in a vehicular traffic lane, on the shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;

 

(iii) avoiding a loading or unloading location that would require a pupil to cross a road, or ensuring that the driver or an aide personally escort the pupil across the road if it is not reasonably feasible to avoid such a location; and

 

(iv) placing the type III school bus in "park" during loading and unloading.

 

(d) A background check or background investigation of the operator has been conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for school district employees; section 144.057 or chapter 245C for day care employees; or section 171.321, subdivision 3, for all other persons operating a type A or type III school bus under this subdivision.

 

(e) Operators shall submit to a physical examination as required by section 171.321, subdivision 2.

 

(f) The operator's employer has adopted and implemented a policy that provides for mandatory drug and alcohol testing of applicants for operator positions and current operators, in accordance with section 181.951, subdivisions 2, 4, and 5.

 

(g) The operator's driver's license is verified annually by the entity that owns, leases, or contracts for the school bus.

 

(h) A person who sustains a conviction, as defined under section 609.02, of violating section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of or has their driver's license revoked under a similar statute or ordinance of another state, is precluded from operating a type III school bus for five years from the date of conviction.

 

(i) A person who has ever been convicted of a disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may not operate a type III school bus under this subdivision.

 

(j) A person who sustains a conviction, as defined under section 609.02, of a moving offense in violation of chapter 169 within three years of the first of three other moving offenses is precluded from operating a type III school bus for one year from the date of the last conviction.

 

(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j) while employed by the entity that owns, leases, or contracts for the school bus, shall report the conviction to the employer within ten days of the date of the conviction.

 

(l) Students riding the type III school bus must have training required under section 123B.90, subdivision 2.

 

(m) Documentation of meeting the requirements listed in this subdivision must be maintained under separate file at the business location for each type III school bus operator. The business manager, school board, governing body of a nonpublic school, or any other entity that owns, leases, or contracts for the type III school bus operating under this subdivision is responsible for maintaining these files for inspection.

 

(n) The type III school bus must bear a current certificate of inspection issued under section 169.451.


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(o) An operator employed by a school or school district, whose normal duties do not include operating a type III school bus, who holds a class D driver's license without a school bus endorsement, may operate a type III school bus and is exempt from paragraphs (d), (e), (f), (g), and (k).

 

EFFECTIVE DATE. This section is effective September 1, 2008.

 

Sec. 47. Minnesota Statutes 2006, section 171.03, is amended to read:

 

171.03 PERSONS EXEMPT.

 

The following persons are exempt from license hereunder:

 

(a) A person in the employ or service of the United States federal government is exempt while driving or operating a motor vehicle owned by or leased to the United States federal government.

 

(b) A person in the employ or service of the United States federal government is exempt from the requirement to possess a valid class A, class B, or class C commercial driver's license while driving or operating for military purposes a commercial motor vehicle owned by or leased to for the United States federal government if the person is:

 

(1) on active duty in the U.S. Coast Guard;

 

(2) on active duty in a branch of the U.S. Armed Forces, which includes the Army, Air Force, Navy, and Marine Corps;

 

(3) a member of a reserve component of the U.S. Armed Forces; or

 

(4) on active duty in the Army National Guard or Air National Guard, which includes (i) a member on full-time National Guard duty, (ii) a member undergoing part-time National Guard training, and (iii) a National Guard military technician, who is a civilian required to wear a military uniform.

 

The exemption provided under this paragraph does not apply to a U.S. Armed Forces Reserve technician.

 

(c) Any person while driving or operating any farm tractor or implement of husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797, subdivision 7, are not implements of husbandry.

 

(d) A nonresident who is at least 15 years of age and who has in immediate possession a valid driver's license issued to the nonresident in the home state or country may operate a motor vehicle in this state only as a driver.

 

(e) A nonresident who has in immediate possession a valid commercial driver's license issued by a state or jurisdiction in accordance with the standards of Code of Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.

 

(f) Any nonresident who is at least 18 years of age, whose home state or country does not require the licensing of drivers may operate a motor vehicle as a driver, but only for a period of not more than 90 days in any calendar year, if the motor vehicle so operated is duly registered for the current calendar year in the home state or country of the nonresident.


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(g) Any person who becomes a resident of the state of Minnesota and who has in possession a valid driver's license issued to the person under and pursuant to the laws of some other state or jurisdiction or by military authorities of the United States may operate a motor vehicle as a driver, but only for a period of not more than 60 days after becoming a resident of this state, without being required to have a Minnesota driver's license as provided in this chapter.

 

(h) Any person who becomes a resident of the state of Minnesota and who has in possession a valid commercial driver's license issued by another state or jurisdiction in accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt for not more than 30 days after becoming a resident of this state.

 

(i) Any person operating a snowmobile, as defined in section 84.81, is exempt.

 

Sec. 48. Minnesota Statutes 2006, section 171.055, subdivision 1, is amended to read:

 

Subdivision 1. Requirements for provisional license; misdemeanor. (a) The department may issue a provisional license, which must be distinctive in appearance from a driver's license, to an applicant who:

 

(1) has reached the age of 16 years;

 

(2) during the six months immediately preceding the application for the provisional license has possessed an instruction permit and has incurred (i) no convictions for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (ii) no convictions for a crash-related moving violation, and (iii) no convictions for a moving violation that is not crash related;

 

(3) has successfully completed a course of driver education in accordance with department rules, including but not limited to 30 hours of classroom instruction and six hours of behind-the-wheel driving instruction; provided that, upon request of a parent or guardian, an additional four hours of behind-the-wheel driving instruction must be provided during the months of December, January, and February;

 

(4) completes the required application, which must be approved by (i) either parent when both reside in the same household as the minor applicant or, if otherwise, then (ii) the parent or spouse of the parent having custody or, in the event there is no court order for custody, then (iii) the parent or spouse of the parent with whom the minor is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or, in the event a person under the age of 18 has no living father, mother, or guardian, or is married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close family member, or adult employer; provided, that the approval required by this clause contains a verification of the age of the applicant and the identity of the parent, guardian, adult spouse, adult close family member, or adult employer;

 

(5) presents certification a logbook or schedule certified by the person who approves the application under clause (4) stating attesting that the applicant has driven a motor vehicle accompanied by and under the supervision of a licensed driver at least 21 years of age, for no less than 30 50 hours, at least ten of which were nighttime hours; and

 

(6) pays the fee required in section 171.06, subdivision 2.

 

(b) For purposes of this section, "moving violation" has the meaning given it in section 171.04, subdivision 1.

 

(c) Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a provisional license to a person who has ever incurred a conviction for violation of section 169A.20, 169A.33, or 169A.35; a violation of a provision of sections 169A.50 to 169A.53; or a crash-related moving violation, and at the time of the conviction the person did not possess an instruction permit.


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(d) If a person approving the application under paragraph (a), clause (4), falsifies an entry, or knows an entry is false, in a logbook or schedule certified by the person under paragraph (a), clause (5), that person is guilty of a misdemeanor.

 

Sec. 49. Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:

 

Subd. 2. Use of provisional license. (a) A provisional license holder may operate a motor vehicle only when every occupant under the age of 18 has a seat belt or child passenger restraint system properly fastened. A person who violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation for a violation of this paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle for a moving violation as defined in section 171.04. The commissioner shall not record a violation of this paragraph on a person's driving record.

 

(b) A provisional license holder may not operate a vehicle while communicating over, or otherwise operating, a cellular or wireless telephone, whether handheld or hands free, when the vehicle is in motion. The provisional license holder may assert as an affirmative defense that the violation was made for the sole purpose of obtaining emergency assistance to prevent a crime about to be committed, or in the reasonable belief that a person's life or safety was in danger. Violation of this paragraph is a petty misdemeanor subject to section 169.89, subdivision 2.

 

(c) For the first six months of provisional licensure, a provisional license holder may not operate a motor vehicle carrying more than one passenger under the age of 20 years who is not a member of the holder's immediate family. For the second six months, the holder of the license may not operate a motor vehicle that is carrying more than three passengers who are under the age of 20 years and who are not members of the holder's immediate family. This paragraph does not apply if the provisional license holder is accompanied by a parent or guardian.

 

(d) For the first six months of provisional licensure, a provisional license holder who is less than 18 years of age may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when the license holder is:

 

(1) driving between the license holder's home and place of employment;

 

(2) driving between the license holder's home and a school event for which the school has not provided transportation;

 

(3) driving for employment purposes; or

 

(4) accompanied by a licensed driver or Minnesota identification card holder who is at least 20 years of age.

 

(e) If the holder of a provisional license during the period of provisional licensing incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more than one conviction for a moving violation that is not crash related, the person may not be issued a driver's license until 12 consecutive months have expired since the date of the conviction or until the person reaches the age of 18 years, whichever occurs first.

 

(f) For purposes of this section, "immediate family" means permanent members of the same household who are related by blood, adoption, or marriage.


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Sec. 50. Minnesota Statutes 2006, section 171.0701, is amended to read:

 

171.0701 DRIVER EDUCATION; ORGAN AND TISSUE DONATION CONTENT.

 

(a) The commissioner shall adopt rules requiring a minimum of 30 minutes of instruction, beginning January 1, 2007, relating to organ and tissue donations and the provisions of section 171.07, subdivision 5, for persons enrolled in driver education programs offered at public schools, private schools, and commercial driver training schools.

 

(b) The commissioner shall adopt rules for persons enrolled in driver education programs offered at public schools, private schools, and commercial driver training schools, requiring inclusion in the course of instruction, by January 1, 2009, a section on awareness and safe interaction with commercial motor vehicle traffic. The rules must require classroom instruction and behind-the-wheel training that includes, but is not limited to, truck stopping distances, proper distances for following trucks, identification of truck blind spots, and avoidance of driving in truck blind spots.

 

(c) The rules adopted by the commissioner under paragraph (b) are exempt from the rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that notwithstanding paragraph (b) of section 14.386, the rules continue in effect until repealed or superseded by other law or rule.

 

Sec. 51. Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision to read:

 

Subd. 1j. Driver's manual; interaction with commercial motor vehicle. The commissioner shall include in each edition of the driver's manual published by the department after August 1, 2008, a section that includes information on awareness and safe interaction with commercial motor vehicle traffic.

 

Sec. 52. Minnesota Statutes 2006, section 171.165, subdivision 2, is amended to read:

 

Subd. 2. Implied consent revocation. The commissioner shall disqualify a person from operating commercial motor vehicles for a revocation under section 169A.52 or a statute or ordinance from another state or jurisdiction in conformity with it, in accordance with for a period that is equivalent in duration under the driver disqualifications and penalties in Code of Federal Regulations, title 49, part 383, subpart D, that pertain to a conviction of being under the influence of alcohol or refusal to be tested.

 

Sec. 53. [171.168] NOTIFICATION OF CONVICTION FOR VIOLATION BY COMMERCIAL DRIVER.

 

(a) Each person who operates a commercial motor vehicle, who has a commercial driver's license issued by this state, and who is convicted of a criminal offense; of a serious traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; or of violating any other state or local law relating to motor vehicle traffic control, other than a parking violation, in any type of motor vehicle in another state or jurisdiction, shall notify the department's Division of Driver and Vehicle Services of the conviction. The person shall notify the division within 30 days after the date that the person was convicted.

 

(b) Each person who operates a commercial motor vehicle, who has a commercial driver's license issued by this state, and who is convicted of violating, in any type of motor vehicle, a Minnesota state or local law relating to motor vehicle traffic control, other than a parking violation, shall notify the person's employer of the conviction. The person shall notify the person's employer within 30 days after the date that the person was convicted. If the person is not currently employed, the person shall notify the division according to paragraph (a).

 

(c) Notification to the division must be made in writing and contain the following information:


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(1) the driver's full name;

 

(2) the driver's license number;

 

(3) the date of conviction;

 

(4) the specific criminal or other offense; serious traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; and any other violation of state or local law relating to motor vehicle traffic control, for which the person was convicted and any suspension, revocation, or cancellation of certain driving privileges that resulted from the conviction;

 

(5) an indication whether the violation was in a commercial motor vehicle;

 

(6) the location of the offense; and

 

(7) the driver's signature.

 

Sec. 54. [171.169] NOTIFICATION OF SUSPENSION OF LICENSE OF COMMERCIAL DRIVER.

 

Each employee, as defined in Code of Federal Regulations, title 49, section 383.5, who has a Minnesota-issued driver's license suspended, revoked, or canceled by this state or another state or jurisdiction, who loses the right to operate a commercial motor vehicle in this state or another state or jurisdiction for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify the person's employer of the suspension, revocation, cancellation, lost privilege, or disqualification. The employee shall notify the employer before the end of the business day following the day the employee received notice of the suspension, revocation, cancellation, lost privilege, or disqualification.

 

Sec. 55. Minnesota Statutes 2006, section 171.321, subdivision 1, is amended to read:

 

Subdivision 1. Endorsement. No person shall drive a school bus when transporting school children to or from school or upon a school-related trip or activity without having a valid class A, class B, or class C driver's license with a school bus endorsement except that a person possessing a valid driver's license but not a school bus endorsement may drive a vehicle with a seating capacity of ten or less persons used as a school bus but not outwardly equipped or identified as a school bus type III vehicle.

 

Sec. 56. Minnesota Statutes 2006, section 174.02, subdivision 2, is amended to read:

 

Subd. 2. Unclassified positions. The commissioner may establish four positions in the unclassified service at the deputy and commissioner, assistant commissioner, assistant to commissioner, or personal secretary levels. No more than two of these positions shall be at the deputy commissioner level. The commissioner shall appoint at least two deputy commissioners, and one must serve as the chief engineer and be licensed as a professional engineer under section 326.02.

 

Sec. 57. Minnesota Statutes 2006, section 174.03, subdivision 1, is amended to read:

 

Subdivision 1. Statewide transportation plan; priorities; schedule of expenditures. In order to best meet the present and future transportation needs of the public, to insure a strong state economy, to make most efficient use of public and private funds, and to promote the more efficient use of energy and other resources for transportation purposes, the commissioner shall:


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(1) three months after notification that the department is ready to commence operations and prior to the drafting of the statewide transportation plan, hold public hearings as may be appropriate solely for the purpose of receiving suggestions for future transportation alternatives and priorities for the state. The Metropolitan Council, regional development commissions, and port authorities shall appear at the hearings and submit information concerning transportation-related planning undertaken and accomplished by these agencies. Other political subdivisions may appear and submit such information at the hearings. These hearings shall be completed no later than six months from the date of the commissioner's notification;

 

(2) develop, adopt, revise, and monitor a statewide transportation plan, taking into account the suggestions and information submitted at the public hearings held pursuant to clause (1). The plan shall incorporate all modes of transportation and provide for the interconnection and coordination of different modes of transportation. The commissioner shall evaluate alternative transportation programs and facilities proposed for inclusion in the plan in terms of economic costs and benefits, safety aspects, impact on present and planned land uses, environmental effects, energy efficiency, national transportation policies and priorities, and availability of federal and other financial assistance;

 

(3) based upon the statewide transportation plan, develop statewide transportation priorities and schedule authorized public capital improvements and other authorized public transportation expenditures pursuant to the priorities. As permitted by the federal surface transportation program, the commissioner shall prioritize for funding those transportation projects in the metropolitan area, as defined in section 473.121, subdivision 2, that are consistent with policies included in the Metropolitan Council's metropolitan development guide, transportation policy plan, and regional development framework, and that have been awarded funding through the federal surface transportation program;

 

(4) complete the plan and priorities required by this subdivision no later than July 1, 1978. Upon completion of the plan and priorities, the commissioner shall prepare and periodically revise, as necessary, the schedule of authorized public transportation expenditures. The plan, priorities, and schedule are exempt from the provisions of the Administrative Procedure Act.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 58. Minnesota Statutes 2006, section 174.24, is amended by adding a subdivision to read:

 

Subd. 1a. Transit service needs implementation plan. The commissioner shall develop and implement a transit service needs implementation plan that contains a goal of meeting at least 80 percent of unmet transit service needs in greater Minnesota by July 1, 2015, and meeting at least 90 percent of unmet transit service needs in greater Minnesota by July 1, 2025. The plan must include, but is not limited to, the following: an analysis of ridership and transit service needs throughout greater Minnesota; a calculation of unmet needs; an assessment of the level and type of service required to meet unmet needs; an analysis of costs and revenue options; and, a plan to reduce unmet transit service needs as specified in this subdivision. The plan must specifically address special transportation service ridership and needs. The commissioner may amend the plan as necessary, and may use all or part of the 2001 greater Minnesota public transportation plan created by the Minnesota Department of Transportation.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 59. [174.247] ANNUAL TRANSIT REPORT.

 

(a) By February 15 annually, the commissioner shall submit a report to the legislature on transit services outside the metropolitan area. The Metropolitan Council and any public transit system receiving assistance under section 174.24 shall provide assistance in creating the report, as requested by the commissioner.


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(b) The report must include, at a minimum, the following:

 

(1) a descriptive overview of public transit in Minnesota;

 

(2) a descriptive summary of funding sources and assistance programs;

 

(3) a summary of each public transit system receiving assistance under section 174.24;

 

(4) data that identifies use of volunteers in providing transit service;

 

(5) financial data that identifies operating and capital costs, and funding sources, for each public transit system and for each transit system classification under section 174.24, subdivision 3b;

 

(6) a summary of progress with the transit service needs implementation plan under section 174.24, subdivision 1a, including identification of any adjustments made to the plan; and

 

(7) a calculation of the amounts of surplus or insufficient funds available for (i) paying the state share of transit operating costs under section 174.24, subdivision 3b, and (ii) following the transit service needs implementation plan.

 

EFFECTIVE DATE. This section is effective August 1, 2009.

 

Sec. 60. Minnesota Statutes 2006, section 221.011, is amended by adding a subdivision to read:

 

Subd. 50. Out-of-service order. "Out-of-service order" has the meaning given it in Code of Federal Regulations, title 49, section 383.5.

 

Sec. 61. Minnesota Statutes 2006, section 221.0314, subdivision 9a, is amended to read:

 

Subd. 9a. Hours of service exemptions. The federal regulations incorporated in subdivision 9 for maximum driving and on-duty time do not apply to drivers engaged in the interstate or intrastate transportation of:

 

(1) the interstate or intrastate transportation of agricultural commodities or farm supplies, and the intrastate transportation of wholesale anhydrous ammonia, for agricultural purposes in Minnesota during the planting and harvesting seasons from March 15 to December 15 of each year; or

 

(2) the interstate or intrastate transportation of sugar beets during the harvesting season for sugar beets from September 1 to May 15 of each year;

 

if the transportation is limited to an area within a 100-air-mile radius from the source of the commodities or the distribution point for the farm supplies.

 

Sec. 62. Minnesota Statutes 2006, section 221.036, subdivision 1, is amended to read:

 

Subdivision 1. Order. The commissioner may issue an order requiring violations to be corrected and administratively assessing monetary penalties for a violation of (1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.151; (4) section 221.171; (5) section 221.141; (6) a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway grade crossings; or (6) (7) rules of the commissioner relating to the transportation of hazardous waste, motor carrier operations, insurance, or tariffs and accounting. An order must be issued as provided in this section.


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Sec. 63. Minnesota Statutes 2006, section 221.036, subdivision 3, is amended to read:

 

Subd. 3. Amount of penalty; considerations. (a) The commissioner may issue an order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141; 221.151; or 221.171, or rules of the commissioner relating to motor carrier operations, insurance, or tariffs and accounting, identified during a single inspection, audit, or investigation.

 

(b) The commissioner may issue an order assessing a penalty up to a maximum of $10,000 for all violations of section 221.033, subdivision 2b, identified during a single inspection or audit.

 

(c) In determining the amount of a penalty, the commissioner shall consider:

 

(1) the willfulness of the violation;

 

(2) the gravity of the violation, including damage to humans, animals, air, water, land, or other natural resources of the state;

 

(3) the history of past violations, including the similarity of the most recent violation and the violation to be penalized, the time elapsed since the last violation, the number of previous violations, and the response of the person to the most recent violation identified;

 

(4) the economic benefit gained by the person by allowing or committing the violation; and

 

(5) other factors as justice may require, if the commissioner specifically identifies the additional factors in the commissioner's order.

 

(d) The commissioner shall assess a penalty of not less than $1,000 against a driver who is convicted of a violation of an out-of-service order. The commissioner shall assess a penalty of not more than $10,000 against an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order. in accordance with Code of Federal Regulations, title 49, section 383.53 against:

 

(1) a driver who is convicted of a violation of an out-of-service order;

 

(2) an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order; or

 

(3) an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.

 

Sec. 64. Minnesota Statutes 2006, section 299D.03, subdivision 1, is amended to read:

 

Subdivision 1. Members, powers, and duties. (a) The commissioner is hereby authorized to employ and designate a chief supervisor, a chief assistant supervisor, and such assistant supervisors, sergeants and officers as are provided by law, who shall comprise the Minnesota State Patrol.

 

(b) The members of the Minnesota State Patrol shall have the power and authority:

 

(1) as peace officers to enforce the provisions of the law relating to the protection of and use of trunk highways;


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(2) at all times to direct all traffic on trunk highways in conformance with law, and in the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct traffic on other roads as conditions may require notwithstanding the provisions of law;

 

(3) to serve search warrants related to criminal motor vehicle and traffic violations and arrest warrants, and legal documents anywhere in the state;

 

(4) to serve orders of the commissioner of public safety or the commissioner's duly authorized agents issued under the provisions of the Driver's License Law, the Safety Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere in the state and to take possession of any license, permit, or certificate ordered to be surrendered;

 

(5) to inspect official brake and light adjusting stations;

 

(6) to make appearances anywhere within the state for the purpose of conducting traffic safety educational programs and school bus clinics;

 

(7) to exercise upon all trunk highways the same powers with respect to the enforcement of laws relating to crimes, as sheriffs and police officers;

 

(8) to cooperate, under instructions and rules of the commissioner of public safety, with all sheriffs and other police officers anywhere in the state, provided that said employees shall have no power or authority in connection with strikes or industrial disputes;

 

(9) to assist and aid any peace officer whose life or safety is in jeopardy;

 

(10) as peace officers to provide security and protection to the governor, governor elect, either or both houses of the legislature, and state buildings or property in the manner and to the extent determined to be necessary after consultation with the governor, or a designee. Pursuant to this clause, members of the State Patrol, acting as peace officers have the same powers with respect to the enforcement of laws relating to crimes, as sheriffs and police officers have within their respective jurisdictions;

 

(11) to inspect school buses anywhere in the state for the purposes of determining compliance with vehicle equipment, pollution control, and registration requirements;

 

(12) as peace officers to make arrests for public offenses committed in their presence anywhere within the state. Persons arrested for violations other than traffic violations shall be referred forthwith to the appropriate local law enforcement agency for further investigation or disposition.; and

 

(13) to enforce the North American uniform out-of-service criteria and issue out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.

 

(c) The state may contract for State Patrol members to render the services described in this section in excess of their regularly scheduled duty hours and patrol members rendering such services shall be compensated in such amounts, manner and under such conditions as the agreement provides.

 

(d) Employees thus employed and designated shall subscribe an oath.


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Sec. 65. Minnesota Statutes 2006, section 299D.06, is amended to read:

 

299D.06 PATROL EMPLOYEES WHO ARE NOT TROOPERS.

 

(a) Department personnel must be classified employees assigned to the Division of State Patrol if they are employed to enforce:

 

(1) laws relating to motor vehicle equipment; school bus equipment; drivers' licenses; motor vehicle registration; motor vehicle size and weight; motor carrier insurance, registration, and safety; and motor vehicle petroleum taxes;

 

(2) Pollution Control Agency rules relating to motor vehicle noise abatement; and

 

(3) laws relating to directing the movement of vehicles.; and

 

(4) the North American uniform out-of-service criteria and issue out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.

 

(b) Employees engaged in these duties, while actually on the job during their working hours only, shall have power to:

 

(1) issue citations in lieu of arrest and continued detention; and

 

(2) prepare notices to appear in court for violation of these laws and rules, in the manner provided in section 169.91, subdivision 3.

 

(c) They shall not be armed and, except as provided in this section, shall have none of the other powers and privileges reserved to peace officers including the power to enforce traffic laws and regulations.

 

Sec. 66. Minnesota Statutes 2006, section 473.1465, is amended by adding a subdivision to read:

 

Subd. 4. Special transportation service assessment. As part of its annual update to the performance evaluation report under section 473.13, subdivision 1a, the Metropolitan Council shall include an assessment of progress towards meeting transit goals for people with disabilities. The assessment must include, but is not limited to, the following: a description of proposed program enhancements; an assessment of progress; identification of the estimated total number of potential and actual riders who are disabled; an assessment of the level and type of service required to meet unmet ridership needs; and an analysis of costs and revenue options, including a calculation of the amounts of surplus or insufficient funds available for achieving paratransit needs.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 67. Minnesota Statutes 2006, section 473.388, subdivision 2, is amended to read:

 

Subd. 2. Replacement service; eligibility. (a) The council may provide assistance under the program to a statutory or home rule charter city or town or combination thereof, that:

 

(a) (1) is located in the metropolitan transit taxing district;

 

(b) (2) is not served by the council bus service or is served only with council bus routes which begin or end within the applying city or town or combination thereof; and


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(c) (3) has fewer than four scheduled runs of council bus service during off-peak hours defined in section 473.408, subdivision 1.

 

(b) Eligible cities or towns or combinations thereof may apply on behalf of a transit operator with whom they propose to contract for service.

 

(c) The council may not provide assistance under this section to a statutory or home rule charter city or town unless the city or town,:

 

(i) (1) was receiving assistance under Minnesota Statutes 1982, section 174.265 by July 1, 1984,;

 

(ii) (2) had submitted an application for assistance under that section by July 1, 1984,; or

 

(iii) (3) had submitted a letter of intent to apply for assistance under that section by July 1, 1984, and submits submitted an application for assistance under this section by July 1, 1988. A statutory or home rule charter city or town has an additional 12-month extension if it notified the former regional transit board before July 1, 1988, that the city or town is in the process of completing a transportation evaluation study that includes an assessment of the local transit needs of the city or town.

 

(d) Nothing in this section prevents a local governmental unit from providing public transit service that extends outside of the metropolitan transit taxing district.

 

(e) For purposes of this subdivision, "off-peak hours" means the time from 9:00 a.m. to 3:30 p.m. and 6:30 p.m. until the last bus on Monday through Friday of each week and all day Saturday, Sunday, and holidays designated by the council.

 

Sec. 68. Laws 2002, chapter 393, section 85, is amended to read:

 

Sec. 85. DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.

 

Subdivision 1. Definition. For purposes of this section, "Dan Patch commuter rail line" means the commuter rail line between Northfield and Minneapolis identified in the metropolitan council's transit 2020 master plan as the Dan Patch line.

 

Subd. 2. Metropolitan council; prohibitions. The metropolitan council must not take any action or spend any money for study, planning, preliminary engineering, final design, or construction for the Dan Patch commuter rail line. The council must remove all references, other than references for historical purposes, to the Dan Patch commuter rail line from any future revisions to the council's transportation development guide and the council's regional transit master plan.

 

Subd. 3. Commissioner of transportation. The commissioner of transportation must not expend any money for study, planning, preliminary engineering, final design, or construction for the Dan Patch commuter rail line. The commissioner must remove all references, other than references for historical purposes, to the Dan Patch commuter rail line from any future revisions to the state transportation plan and the commissioner's commuter rail system plan.

 

Subd. 4. Regional rail authorities. No regional rail authority may expend any money for study, planning, preliminary engineering, final design, or construction for the Dan Patch commuter rail line.


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Sec. 69. REPORT ON URBAN PARTNERSHIP AGREEMENT.

 

By January 15, 2009, and on January 15 each year through 2014, the commissioner of transportation, in conjunction with the Metropolitan Council, shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation concerning the status of the state's participation in the urban partnership agreement. The report must:

 

(1) present the elements of congestion reduction strategies to be implemented under the urban partnership agreement;

 

(2) summarize average daily traffic and congestion levels on affected roadways;

 

(3) summarize transit usage in affected corridors;

 

(4) identify the costs of participation and the sources of funding secured or to be secured;

 

(5) include information on revenues and expenditures under the urban partnership agreement;

 

(6) summarize any user fees collected on marked Interstate Highway 35W high-occupancy vehicle and dynamic shoulder lanes;

 

(7) recommend any further legislative action necessary for the successful implementation and operation of the urban partnership agreement; and

 

(8) starting with the January 15, 2011, report and in each report thereafter, evaluate strategies used within the urban partnership agreement, and develop recommendations for: