Journal of the House - 31st Day - Wednesday, April 3, 2019 - Top of Page 1789

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2019

 

_____________________

 

THIRTY-FIRST DAY

 

Saint Paul, Minnesota, Wednesday, April 3, 2019

 

 

      The House of Representatives convened at 12:00 noon and was called to order by Liz Olson, Speaker pro tempore.

 

      Prayer was offered by the Reverend Daniel Griffith, Our Lady of Lourdes Catholic Church, Minneapolis, 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:

 


Acomb

Albright

Anderson

Bahner

Bahr

Baker

Becker-Finn

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

      A quorum was present.

 

      Backer and Bennett were excused.

 

      McDonald was excused until 6:45 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


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REPORTS OF CHIEF CLERK

 

      S. F. No. 1339 and H. F. No. 1568, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Youakim moved that S. F. No. 1339 be substituted for H. F. No. 1568 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

      The following communication was received:

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Jeremy R. Miller

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2019 Session of the State Legislature have been received from the Office of the Governor and are 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

2019

 

Date Filed

2019

 

      1743                                                  5                                          1:37 p.m.  April 1                                   April 1

        307                                                  6                                          1:56 p.m.  April 1                                   April 1

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 132, A bill for an act relating to state government; requiring involvement in user acceptance testing from local units of governments impacted by new information technology business software; proposing coding for new law in Minnesota Statutes, chapter 16E.

 

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

 

"Section 1.  [16E.031] USER ACCEPTANCE TESTING.

 

Subdivision 1.  Applicability.  As used in this section:

 

(1) "primary user" means an employee or agent of a state agency or local unit of government who uses an information technology business software application to perform an official function; and

 

(2) "local unit of government" does not include a school district.

 

Subd. 2.  User acceptance testing.  (a) A state agency implementing a new information technology business software application or new business software application functionality that significantly impacts the operations of a primary user must provide opportunities for user acceptance testing, unless the testing is deemed not feasible or necessary by the relevant agency commissioner, in consultation with the chief information officer and representatives of the primary user.

 

(b) The requirements in paragraph (a) do not apply to routine software upgrades or application changes that are primarily intended to comply with federal law, rules, or regulations."

 

Amend the title as follows:

 

Page 1, line 3, delete everything before "new" and insert "of"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 484, A bill for an act relating to local government; modifying expiration of metropolitan agricultural preserves; amending Minnesota Statutes 2018, section 473H.08, subdivisions 1, 4, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 836, A bill for an act relating to transportation; designating the Richard J. Ames Memorial Highway; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 161.14, is amended by adding a subdivision to read:


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Subd. 88.  Richard J. Ames Memorial Highway.  (a) The following route between the city of Jordan and marked U.S. Highway 61 shall be known as the "Richard J. Ames Memorial Highway":

 

Beginning at a point at the eastern city limits of Jordan; thence extending easterly along marked Trunk Highway 282 to its junction with marked Trunk Highway 13; thence extending northerly along marked Trunk Highway 13 to its junction with Eagle Creek Avenue in the city limits of Prior Lake; thence extending easterly along Eagle Creek Avenue and 185th Street East to its junction with Kenwood Trail and Dakota County State-Aid Highway 50; thence extending easterly and southerly along Kenwood Trail and Dakota County State-Aid Highway 50 to its junction with marked Trunk Highway 3 in the city limits of Farmington; thence extending southerly along marked Trunk Highway 3 to its junction with marked Trunk Highway 50; thence extending easterly along marked Trunk Highway 50 to its terminus at its junction with marked Trunk Highway 20 and marked U.S. Highway 61 near Miesville.

 

(b) Subject to section 161.139, the commissioner shall adopt a suitable design to mark this highway and erect appropriate signs on the trunk highway portions of the route, and the local road authorities shall erect appropriate signs on the local roadway portions of the route, with the cost of the signs to be paid by the Ames family.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to transportation; designating the Richard J. Ames Memorial Highway; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1024, A bill for an act relating to transportation; designating a portion of marked Interstate Highway 94 as Kenneth E. Sellon and Eugene B. Schlotfeldt Memorial Highway; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1127, A bill for an act relating to transportation; designating a segment of marked Trunk Highway 23 in Kandiyohi County as Ryane Clark Memorial Highway; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


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Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1584, A bill for an act relating to environment; modifying small business loan program for environmental improvement; amending Minnesota Statutes 2018, section 116.993, subdivisions 2, 6.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1586, A bill for an act relating to state lands; modifying requirements for conveying certain state land; adding to and deleting from state parks; authorizing sale of certain state land; allowing access on rustic roads for certain timber harvesting; amending Minnesota Statutes 2018, sections 84.0273; 92.115, subdivision 1; 94.09, subdivision 3; 94.10; 282.01, subdivision 4; Laws 2012, chapter 236, section 28, subdivisions 2, as amended, 9, as amended.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 84.0273, is amended to read:

 

84.0273 ESTABLISHING BOUNDARY LINES RELATING TO CERTAIN STATE LANDHOLDINGS.

 

(a) In order To resolve boundary line issues affecting the ownership interests of the state and adjacent landowners, the commissioner of natural resources may, in the name of the state upon terms the commissioner deems appropriate, convey, by a boundary line agreement, quitclaim deed, or management agreement in such form as the attorney general approves, such rights, titles, and interests of the state in state lands for such rights, titles, and interests in adjacent lands as are necessary for the purpose of establishing to establish boundaries.  The commissioner must publish a notice of the proposed conveyance and a brief statement of the reason therefor shall be published for the conveyance once in the State Register by the commissioner between 15 and at least 30 days prior to before the conveyance.  The provisions of This paragraph are is not intended to replace or supersede laws relating to land exchange or disposal of surplus state property.

 

(b) In order To resolve trespass issues affecting the ownership interests of the state and adjacent landowners, the commissioner of natural resources, in the name of the state, may sell surplus lands not needed for natural resource purposes at private sale to adjoining property owners and leaseholders.  The conveyance must be by quitclaim in a form approved by the attorney general for a consideration not less than the value determined according to section 94.10, subdivision 1.

 

(c) Paragraph (b) applies to all state-owned lands managed by the commissioner of natural resources, except school trust land as defined in section 92.025.  For acquired lands, the commissioner may sell the surplus lands as provided in paragraph (b) notwithstanding the offering to public entities, public sale, and related notice and publication requirements of sections 94.09 to 94.165.  For consolidated conservation lands, the commissioner may sell the surplus lands as provided in paragraph (b) notwithstanding the classification and public sale provisions of chapters 84A and 282.


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Sec. 2.  Minnesota Statutes 2018, section 92.115, subdivision 1, is amended to read:

 

Subdivision 1.  Land valuation required.  Before offering any state land for sale under this chapter, the commissioner must establish the value of the land.  The commissioner shall have the land appraised if the estimated market value is in excess of $50,000 $100,000.

 

Sec. 3.  Minnesota Statutes 2018, section 94.09, subdivision 3, is amended to read:

 

Subd. 3.  Notice to agencies; determination of surplus.  The commissioner of natural resources shall send written notice to all state departments, agencies and the University of Minnesota the Departments of Administration and Transportation, the Board of Water and Soil Resources, the Office of School Trust Lands, the legal or land departments of the University of Minnesota and Minnesota State Colleges and Universities, the Minnesota Indian Affairs Council, and any other state department or agency that requests to receive notices describing any lands or tracts which that may be declared surplus.  If a department or agency or the University of Minnesota recipient of the notice desires custody of the lands or tracts, it shall the recipient must submit a written request to the commissioner, no later than four calendar weeks after mailing of the notice, setting forth in detail its the reasons for desiring to acquire, and its the intended use of, the land or tract.  The commissioner shall then determine whether any of the lands described in the certifications of the heads of the departments or agencies so requested should be declared surplus and offered for sale or otherwise disposed of by transferring custodial control to other requesting state departments or agencies or to the Board of Regents of the University of Minnesota for educational purposes, provided however that transfer to the Board of Regents shall is not be determinative of tax exemption or immunity.  If the commissioner determines that any of the lands are no longer needed for state purposes, the commissioner shall make findings of fact, describe the lands, declare the lands to be surplus state land, and state the reasons for the sale or disposition of the lands.

 

Sec. 4.  Minnesota Statutes 2018, section 94.10, is amended to read:

 

94.10 SURVEYS, APPRAISALS, AND SALE.

 

Subdivision 1.  Appraisal; notice and offer to public bodies.  (a) Before offering any surplus state-owned lands for sale, the commissioner of natural resources must establish the value of the lands.  The commissioner shall have the lands appraised if the estimated value is in excess of $50,000 $100,000.  No parcel of state-owned land shall be sold for less than $1,000.

 

(b) The appraisals must be made by regularly appointed and qualified state appraisers.  To be qualified, an appraiser must hold a state appraiser license issued by the Department of Commerce.  The appraisal must be in conformity with the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.

 

(c) Before offering surplus state-owned lands for public sale, the lands shall must first be offered to the city, county, town, school district, or other public body corporate or politic in which the lands are situated for public purposes and the lands may be sold for public purposes for not less than the appraised value of the lands.  To determine whether a public body desires to purchase the surplus land, the commissioner of natural resources shall give a written notice to the governing body of each political subdivision whose jurisdictional boundaries include or are adjacent to the surplus land.  If a public body desires to purchase the surplus land, it shall the public body must submit a written offer to the commissioner no later than two weeks after receipt of notice setting forth in detail its the reasons for desiring to acquire and its the intended use of the land.  In the event that If more than one public body tenders an offer, the commissioner shall determine which party shall receive the property and shall submit written findings regarding the decision.  If lands are offered for sale for public purposes and if a public body notifies the commissioner of its desire to acquire the lands, the public body may have up to two years from the date of the accepted offer to commence payment begin paying for the lands in the manner provided by law.


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(d) Before offering surplus state-owned lands that are located within the reservation boundary of a federally recognized Indian tribe for public sale or before offering the lands to an entity specified in paragraph (c), the lands must first be offered to the federally recognized Indian tribe with governing authority over the reservation where the lands are located.  If the lands are located within the reservation boundary of a federally recognized tribe that is one of the six constituent tribes of the Minnesota Chippewa Tribe, then the lands must be offered to both the Minnesota Chippewa Tribe and the constituent tribe where the lands are located.  The lands may be sold for not less than the appraised value of the lands.  To determine whether an Indian tribe desires to purchase the lands, the commissioner of natural resources must give a written notice to the governing body of the Indian tribe and, when applicable, to the Minnesota Chippewa Tribe if the tribe is a member of the Minnesota Chippewa Tribe.  If the Indian tribe desires to purchase the lands, the Indian tribe must notify the commissioner in writing of the intent to purchase the lands no later than two weeks after receiving the notice.  If the Indian tribe notifies the commissioner of its intent to acquire the lands, the Indian tribe has up to two years from the date that the notice of intent to purchase the lands was submitted to begin paying for the lands in the manner provided by law.

 

Subd. 2.  Public sale requirements.  (a) After complying with subdivision 1 and before any public sale of surplus state-owned land is made and at least 30 days before the sale, the commissioner of natural resources shall publish a notice of the sale in a newspaper of general distribution in the county in which the real property to be sold is situated.  The notice shall specify the time and place at which the sale will commence, a general description of the lots or tracts to be offered, and a general statement of the terms of sale.  The commissioner shall also provide electronic notice of the sale.

 

(b) The minimum bid for a parcel of land must include the estimated value or appraised value of the land and any improvements and, if any of the land is valuable for merchantable timber, the value of the merchantable timber.  The minimum bid may include expenses incurred by the commissioner in rendering the property salable, including survey, appraisal, legal, advertising, and other expenses.

 

(c) The purchaser of state land must pay recording fees and the state deed tax.

 

(d) Except as provided under paragraph (e), parcels remaining unsold after the offering may be sold to anyone agreeing to pay at least 75 percent of the appraised value.  The sale shall must continue until all parcels are sold or until the commissioner orders a reappraisal or withdraws the remaining parcels from sale.

 

(e) The commissioner may retain the services of a licensed real estate broker to find a buyer for parcels remaining unsold after the offering.  The sale price may be negotiated by the broker, but must not be less than 90 percent of the appraised value as determined by the commissioner.  The broker's fee must be established by prior agreement between the commissioner and the broker and must not exceed ten percent of the sale price for sales of $10,000 or more.  The broker's fee must be paid to the broker from the proceeds of the sale.

 

(f) Public sales of surplus state-owned land may be conducted through online auctions.

 

Sec. 5.  Minnesota Statutes 2018, section 282.01, subdivision 4, is amended to read:

 

Subd. 4.  Sale; method; requirements; effects.  (a) The sale authorized under subdivision 3 must be conducted by the county auditor at the county seat of the county in which the parcels lie, except that in St. Louis and Koochiching Counties, the sale may be conducted in any county designated facility within the county.  The sale must not be for less than the appraised value except as provided in subdivision 7a.  The parcels must be sold for cash only, unless the county board of the county has adopted a resolution providing for their sale on terms, in which event the resolution controls with respect to the sale.  When the sale is made on terms other than for cash only (1) a payment of at least ten percent of the purchase price must be made at the time of purchase, and the balance must be paid in no more than ten equal annual installments, or (2) the payments must be made in accordance with county board policy, but in no event may the board require more than 12 installments annually, and the contract term must


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not be for more than ten years.  Standing timber or timber products must not be removed from these lands until an amount equal to the appraised value of all standing timber or timber products on the lands at the time of purchase has been paid by the purchaser.  If a parcel of land bearing standing timber or timber products is sold at public auction for more than the appraised value, the amount bid in excess of the appraised value must be allocated between the land and the timber in proportion to their respective appraised values.  In that case, standing timber or timber products must not be removed from the land until the amount of the excess bid allocated to timber or timber products has been paid in addition to the appraised value of the land.  The purchaser is entitled to immediate possession, subject to the provisions of any existing valid lease made in behalf of the state.

 

(b) For sales occurring on or after July 1, 1982, the unpaid balance of the purchase price is subject to interest at the rate determined pursuant to section 549.09.  The unpaid balance of the purchase price for sales occurring after December 31, 1990, is subject to interest at the rate determined in section 279.03, subdivision 1a.  The interest rate is subject to change each year on the unpaid balance in the manner provided for rate changes in section 549.09 or 279.03, subdivision 1a, whichever, is applicable.  Interest on the unpaid contract balance on sales occurring before July 1, 1982, is payable at the rate applicable to the sale at the time that the sale occurred.

 

(c) Notwithstanding subdivision 7, a county board may by resolution provide for the listing and sale of individual parcels by other means, including through a real estate broker.  However, if the buyer under this paragraph could have repurchased a parcel of property under section 282.012 or 282.241, that buyer may not purchase that same parcel of property at the sale under this subdivision for a purchase price less than the sum of all taxes, assessments, penalties, interest, and costs due at the time of forfeiture computed under section 282.251, and any special assessments for improvements certified as of the date of sale.  This subdivision shall be liberally construed to encourage the sale and utilization of tax-forfeited land in order to eliminate nuisances and dangerous conditions and to increase compliance with land use ordinances.

 

Sec. 6.  Laws 2012, chapter 236, section 28, subdivision 2, as amended by Laws 2016, chapter 154, section 9, is amended to read:

 

Subd. 2.  Method of sale.  (a) The leaseholder of a leased parcel may purchase at private sale the leased parcel and any other lands allocated to the parcel by the county under subdivision 6 that is offered for sale under this section.  The purchase price is the appraised value of the land under subdivision 3 exclusive of improvements on it.  To purchase a parcel, a leaseholder must pay in cash to the county an amount equal to the appraised value of the land within 180 days from the date of mailing to or service of notice of appraised value to the leaseholder by the county.  The 180-day period runs from the date of mailing of a copy of the appraisal to the leaseholder at the address shown upon the most recent lease agreement between the parties, exclusive of the date of mailing or service.  The county may use any alternative method of notice under the Minnesota Rules of Civil Procedure for the service of a summons and complaint.

 

(b) If the leaseholder does not purchase the parcel so offered, the county may offer the lands for sale under the provisions of Minnesota Statutes, section 282.01, subdivision 7.  If a person other than the leaseholder purchases the parcel, the purchaser must make payment in full to the leaseholder in the manner provided in Minnesota Statutes, section 92.06, subdivision 4, for the value of any improvements as determined under subdivision 3 or for the value of any improvements as determined through negotiations.

 

(c) Failure of a purchaser to comply with the terms of payment voids the sale and the property may be reoffered for sale.

 

Sec. 7.  Laws 2012, chapter 236, section 28, subdivision 9, as amended by Laws 2016, chapter 154, section 11, is amended to read:

 

Subd. 9.  Sunset.  This section expires seven ten years after the effective date.


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Sec. 8.  ADDITION TO STATE PARK.

 

[85.012] [Subd. 23a.] Glendalough State Park, Otter Tail County.

 

The following areas are added to Glendalough State Park, Otter Tail County:

 

(1) Government Lot 2, Section 12, Township 133 North, Range 40 West, Otter Tail County, Minnesota, subject to an existing conservation easement; and

 

(2) the West Half of the Southeast Quarter and Government Lots 2 and 3, Section 11, Township 133 North, Range 40 West, Otter Tail County, Minnesota, except that part of said Government Lot 2 platted as Walvatne Addition.  Subject to an existing conservation easement.

 

Sec. 9.  DELETION FROM STATE PARK.

 

[85.012] [Subd. 49.] St. Croix State Park, Pine County.  The following area is deleted from St. Croix State Park, Pine County:  that part of the North Half of the Northwest Quarter of Section 29 and that part of the Northeast Quarter of the Northeast Quarter of Section 30, Township 41 North, Range 17 West, Pine County, Minnesota, lying north of County Road 48.

 

Sec. 10.  PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; CARLTON COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus land bordering public water that is described in paragraph (c).

 

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Carlton County and is described as:  Government Lot 6, Section 1, Township 48 North, Range 19 West.

 

(d) The land borders Perch Lake and is not contiguous to other state lands.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would be best served if the land were sold to a federally recognized Indian tribe for land consolidation purposes.

 

Sec. 11.  PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; CASS COUNTY.

 

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

 

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Cass County and is described as:  Lot 7, Block 1, Dell's Sleepy Hollow, located in Section 22, Township 140 North, Range 29 West.


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(d) The land borders Woman Lake and is not contiguous to other state lands.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was returned to private ownership.

 

Sec. 12.  PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER; HUBBARD COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus lands bordering public water that is described in paragraph (c) to Hubbard County for no consideration.

 

(b) The commissioner may make necessary changes to the legal descriptions to correct errors and ensure accuracy.

 

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

 

(1) the East 285.00 feet of the West 660.00 feet of Government Lot 4 of Section 27, Township 141 North, Range 34 West.  Including all riparian rights to the contained 2.3 acres, more or less; and

 

(2) that part of Government Lot 2 of Section 34, Township 141 North, Range 34 West, described as follows:

 

Commencing at the northwest corner of said Government Lot 2; thence South 89 degrees 27 minutes 15 seconds East, bearing assumed, along the north line of said Section 34 a distance of 375.18 feet to the point of beginning; thence continuing South 89 degrees 27 minutes 15 seconds East along said north line a distance of 285.13 feet; thence South 02 degrees 01 minutes 46 seconds East along a line parallel with and 660.00 feet from the west line of said Government Lot 2 a distance of 77.98 feet; thence North 88 degrees 14 minutes 48 seconds East a distance of 65.77 feet along a line which if continued 550.00 feet would intersect an angle iron previously used as the northeast corner of said Government Lot 2; thence South 01 degrees 45 minutes 12 seconds East along a line parallel with and 550.00 feet west of a previously established survey line a distance of 650.18 feet to the boundary line as established by that certain agreement between Richard Dusbabek and Jean Dusbabek, husband and wife, and Donald S.  Olson and Betty Jane Olson, husband and wife, and filed for record on May 10, 1982, in the office of the county recorder in Book 146 of Deeds, page 806; thence South 88 degrees 12 minutes 12 seconds West along said boundary line a distance of 179.39 feet; thence North 12 degrees 07 minutes 46 seconds West a distance of 663.07 feet; thence North 32 degrees 35 minutes 05 seconds West a distance of 101.91 feet to the point of beginning; containing 4.1 acres.

 

(d) The lands border Big Sand Lake.  The Department of Natural Resources has determined that the lands are not needed for natural resource purposes and that the state's land management interests would best be served if the lands were conveyed to Hubbard County.

 

Sec. 13.  PRIVATE SALE OF TAX-FORFEITED LAND; ITASCA COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Itasca 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 Itasca County and is described as:  the East 660 feet of the West 990 feet of the South 660 feet of the Southwest Quarter of the Southeast Quarter, Section 7, Township 55 North, Range 24 West.


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(d) The county has determined that the county's land management interests would best be served if the lands were used for a new broadcast tower, transmitter, and transmission building.

 

Sec. 14.  PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; KANABEC COUNTY.

 

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

 

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Kanabec County and is described as:  that part of the West 200 feet of the Northwest Quarter of Section 13, Township 42 North, Range 23 West, Kanabec County, Minnesota, lying northerly of the centerline of the Snake River.

 

(d) The land borders the Snake River and is not contiguous to other state lands.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was returned to private ownership.

 

Sec. 15.  PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

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

 

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

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

 

Lots 25, 26, and 27 in Block 2 of Jackson and Mckee's Addition, according to the plat thereof, on file and of record in the Office of the Recorder, Otter Tail County, Minnesota, less and except that part of said Lot 27 in Block 2 of Jackson and Mckee's Addition, Otter Tail County, Minnesota, South of the line between Government Lots 2 and 3, Section 14, Township 136, Range 38.

 

(d) The land borders Big Pine Lake and is not contiguous to other state lands.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was returned to private ownership.

 

Sec. 16.  LEASE; TAX-FORFEITED LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, St. Louis County may enter into a lease for the tax-forfeited lands described in paragraph (b) for consideration of more than $12,000 per year.

 

(b) The lands to be leased are located in St. Louis County and are described as:

 

(1) a 10.0-acre site in the Southeast Quarter, Section 15, Township 56 North, Range 17 West, to be used for a telecommunications tower and a 33-foot-wide strip of land, 16.5 feet on either side of the centerline in the Southeast Quarter, Section 15, and in the Southwest Quarter, Section 14, Township 56 North, Range 17 West, to be used for an access road to the tower site; and


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(2) a 10.0-acre site in the West Half, Section 32, Township 60 North, Range 21 West, to be used for a telecommunications tower and a 33-foot-wide strip of land, 16.5 feet on either side of the centerline in the West Half, Section 32, Township 60 North, Range 21 West, to be used for an access road to the tower site.

 

Sec. 17.  ACCESS TO TIMBER ON TAX-FORFEITED LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 160.83, or other law to the contrary, St. Louis County or its agents or assigns may operate vehicles used for timber harvesting and hauling or for transporting equipment and appurtenances incidental to timber harvesting, gravel, and other road-building materials for timber haul roads on designated rustic roads to access tax-forfeited lands for sustainable forest management.

 

(b) The tax-forfeited lands to be accessed are located in St. Louis County in Sections 26, 27, and 35, Township 53 North, Range 12 West.

 

(c) The rustic roads used for forest management must be immediately repaired if damaged and must be maintained in their preharvest condition.

 

(d) The county has determined that the county's sustainable forest management responsibilities would best be served by using existing public roads to access tax-forfeited land rather than building new roads.

 

Sec. 18.  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 lands described in paragraph (c).

 

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

 

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

 

(1) that part of the Southwest Quarter of the Southwest Quarter lying North of Norton Road and West of Howard Gnesen Road, except the easterly 95 feet of the westerly 890 feet and except the westerly 300 feet, Section 3, Township 50, Range 14 (parcel identification number 010-2710-00549);

 

(2) Lot 5, except the northerly three feet and except the southerly ten feet, West Duluth Fifth Division, Section 7, Township 49, Range 14 (parcel identification number 010-4510-06740);

 

(3) the Southeast Quarter of the Northeast Quarter, except 4.24 acres for the highway and except the part platted as Clayton Acres and except the highway right-of-way and except 6.44 acres of the adjacent plat and except the part North of Highway 169, Section 28, Township 57, Range 21 (parcel identification number 141-0050-05470);

 

(4) that part of the West 420 feet of the Southeast Quarter of the Northwest Quarter lying South of the northerly line of Government Lot 6, except that part beginning at the southwest corner; thence easterly along the southerly boundary 420 feet to a point; thence northerly and parallel with the westerly boundary of said Southeast Quarter of the Northwest Quarter 177.95 feet to a point; thence North 67 degrees 38 minutes 35 seconds West to a point on the westerly boundary of said Southeast Quarter of the Northwest Quarter; thence southerly along said westerly boundary approximately 364.12 feet to the point of beginning, Section 26, Township 57, Range 18 (parcel identification number 295-0017-00326);

 

(5) the South Half of the Northwest Quarter, Section 15, Township 56, Range 18 (parcel identification number 435-0010-02590);


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(6) part of the East 400 feet of the Southeast Quarter, Section 14, Township 63, Range 12 (part of parcel identification number 465-0020-01965);

 

(7) part of the Northeast Quarter of the Southwest Quarter, Lots 2 and 3, Section 20, Township 54, Range 13 (part of parcel identification number 620-0010-03130); and

 

(8) Lots 2, 3, 4, and 5, inclusive, auditor's plat of Chandler Addition to Ely, Section 28, Township 63, Range 12 (parcel identification number 030-0030-03530).

 

(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. 19.  CONVEYANCE OF STATE LAND; STEARNS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 222.63, or any other law to the contrary, the commissioner of transportation may convey and quitclaim to a private party all right, title, and interest of the state of Minnesota in the land described in paragraph (e).

 

(b) The conveyance may take place only upon conditions determined by the commissioner of transportation and is not subject to restrictions on disposition, sale, lease, or otherwise contained in Minnesota Statutes, section 222.63.

 

(c) The consideration for a conveyance made under this section must be the fair market value of the land conveyed.  Proceeds from the sale of real estate or buildings under this section must be deposited in the rail bank maintenance account established in Minnesota Statutes, section 222.63, subdivision 8.

 

(d) The conveyance may reduce the width of the rail bank corridor to less than 100 feet, provided the conveyance does not reduce the width of the rail bank corridor to less than ten feet.

 

(e) The land to be conveyed is located in Stearns County and is described as:

 

That part of Tract A described below:

 

Tract A.  Outlot "A," Railroad Ridge, according to the plat thereof on file and of record in the Office of the County Recorder in and for Stearns County, Minnesota; which lies northerly of a line run parallel with and distant 33 feet southerly of the northerly line of said Outlot "A" and westerly of the southerly extension of westerly right-of-way line of 5th Street as shown on said Railroad Ridge; together with that part of Tract A, herein before described, adjoining and southerly of the above described strip which lies northerly of a line run parallel with and distant 40 feet southerly of the northerly line of said Outlot "A" and westerly of the following described line:  beginning at a point on the southerly line of said Outlot "A," distant 436.36 feet easterly of the southwest corner thereof; thence northerly at right angles from said southerly line for 50 feet and there terminating; containing 29,925 square feet, more or less.

 

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

 

Sec. 20.  PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; WABASHA COUNTY.

 

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


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(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Wabasha County and is described as:  Lot 4, Section 8, Township 109, Range 12, lying and being in the county of Wabasha, State of Minnesota.

 

(d) The land borders the Zumbro River and is not contiguous to other state lands.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was returned to private ownership.

 

Sec. 21.  PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; YELLOW MEDICINE COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus land bordering public water that is described in paragraph (c) to the United States for no consideration.

 

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Yellow Medicine County and is described as:  the South 33.00 feet of the Northwest Quarter of the Northwest Quarter and that part of Government Lot 1, Section 22, Township 114 North, Range 41 West, Yellow Medicine County, Minnesota, described as follows:

 

Beginning at the southwest corner of said Government Lot 1; thence on an assumed bearing of North 01 degrees 09 minutes 07 seconds West along the west line of said Government Lot 1 a distance of 33.00 feet; thence North 89 degrees 42 minutes 02 seconds East parallel with the south line of said Government Lot 1 a distance of 150.00 feet; thence North 00 degrees 17 minutes 58 seconds West 267.00 feet; thence North 89 degrees 42 minutes 02 seconds East 754 feet more or less, to the water's edge of Spellman Lake; thence southwesterly along said water's edge 760 feet, more or less, to the south line of said Government Lot 1; thence South 89 degrees 42 minutes 02 seconds West along the south line of said Government Lot 1 a distance of 288 feet, more or less, to the point of beginning; including all riparian rights to the contained 4.1 acres, more or less.

 

(d) The land borders Spellman Lake and is not contiguous to other state lands but is adjacent to a waterfowl production area.  The Department of Natural Resources has determined that the land would best be managed by the United States Fish and Wildlife Services as part of a waterfowl production area."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1623, A bill for an act relating to transportation; making miscellaneous policy changes, including but not limited to provisions governing bicycles, school bus warning lights, driver's license suspension, airport zoning, legislative route removals, and memorial highways and bridges; amending Minnesota Statutes 2018, sections 3.972, subdivision 4; 13.461, by adding a subdivision; 13.72, subdivision 10; 160.02, subdivision 1a; 161.115, subdivision 111; 161.14, by adding subdivisions; 161.32, subdivision 2; 168A.29, subdivision 1; 169.011, subdivisions 5, 9; 169.18, subdivisions 3, 7; 169.20, by adding a subdivision; 169.222, subdivisions 1, 4; 169.442, subdivision 5, by


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adding a subdivision; 169.448, subdivision 1; 169.4503, subdivisions 5, 13, by adding a subdivision; 169.55, subdivision 1; 169.57, subdivision 3; 169.64, subdivisions 3, 8, by adding a subdivision; 169.81, by adding a subdivision; 169.8261, subdivision 2; 169.829, subdivision 4; 169.92, subdivision 4; 171.041; 171.06, subdivision 2; 171.16, subdivisions 2, 3; 171.18, subdivision 1; 174.12, subdivision 8; 299A.705; 360.013, by adding a subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.024; 360.062; 360.063, subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, subdivision 9, by adding a subdivision; 473.13, by adding a subdivision; 473.386, by adding a subdivision; 574.26, subdivision 1a; Laws 2014, chapter 312, article 11, section 38, subdivisions 5, 6; proposing coding for new law in Minnesota Statutes, chapters 299A; 360; repealing Minnesota Statutes 2018, sections 168.013, subdivision 21; 360.063, subdivision 4; 360.065, subdivision 2; 360.066, subdivisions 1a, 1b.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 161.115, subdivision 111, is amended to read:

 

Subd. 111.  Route No. 180.  Beginning at a point on Route No. 392 southwest or west of Ashby 3 at or near Erdahl, thence extending in a general northerly or northeasterly direction to a point on Route No. 153 as herein established at or near Ashby, thence extending in a northeasterly direction to a point on Route No. 181 as herein established at or near Ottertail.

 

Sec. 2.  Minnesota Statutes 2018, section 161.14, is amended by adding a subdivision to read:

 

Subd. 88.  Trooper Ray Krueger Memorial Highway.  That segment of marked Trunk Highway 210 within Cass County is designated as "Trooper Ray Krueger Memorial Highway."  Subject to section 161.139, the commissioner shall adopt a suitable design to mark this highway and erect appropriate signs in the vicinity of the location where Trooper Krueger died.

 

Sec. 3.  Minnesota Statutes 2018, section 161.14, is amended by adding a subdivision to read:

 

Subd. 89.  Warrant Officer Dennis A. Groth Memorial Bridge.  The bridge on marked U.S. Highway 52 over Dakota County State-Aid Highway 42, known as 145th Street within the city of Rosemount, is designated as "Warrant Officer Dennis A. Groth Memorial Bridge."  Subject to section 161.139, the commissioner shall adopt a suitable design to mark the bridge and erect appropriate signs.

 

Sec. 4.  Minnesota Statutes 2018, section 161.14, is amended by adding a subdivision to read:

 

Subd. 90.  Specialist Noah Pierce Bridge.  The bridge on marked U.S. Highway 53 over marked Trunk Highway 37 in the city of Eveleth is designated as "Specialist Noah Pierce Bridge."  Subject to section 161.139, the commissioner shall adopt a suitable design to mark this bridge and erect appropriate signs.

 

Sec. 5.  Minnesota Statutes 2018, section 161.32, subdivision 2, is amended to read:

 

Subd. 2.  Direct negotiation.  In cases where the estimated cost of construction work or maintenance work does not exceed $150,000 $250,000, the commissioner may enter into a contract for the work by direct negotiation, by obtaining two or more quotations for the work, and without advertising for bids or otherwise complying with the


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requirements of competitive bidding if the total contractual obligation of the state for the directly negotiated contract or contracts on any single project does not exceed $150,000 $250,000.  All quotations obtained shall be kept on file for a period of at least one year after receipt of the quotation.

 

Sec. 6.  Minnesota Statutes 2018, section 169.18, subdivision 7, is amended to read:

 

Subd. 7.  Laned highway.  When any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith with this subdivision, shall apply:

 

(a) (1) a vehicle shall be driven as nearly as practicable entirely within a single lane and shall must not be moved from such the lane until the driver has first ascertained that such the movement can be made with safety.;

 

(b) (2) upon a roadway which is not a one-way roadway and which is divided into three lanes, a vehicle shall must not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and is signposted to give notice of such the allocation.  The left lane of a three-lane roadway which is not a one-way roadway shall must not be used for overtaking and passing another vehicle.;

 

(c) (3) official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall must obey the directions of every such sign.;

 

(d) (4) whenever a bicycle lane has been established on a roadway, any person operating a motor vehicle on such the roadway shall must not drive in the bicycle lane except to perform parking maneuvers in order to park where parking is permitted, to enter or leave the highway, to prepare for a turn as provided in section 169.19, subdivision 1, or to stop a school bus for the purpose of receiving or discharging any person provided the school bus is equipped and identified as provided in sections 169.441 and 169.442, subdivision 1, and the flashing red signals are activated and stop-signal arm is extended.; and

 

(5) notwithstanding clause (1), the operator of a vehicle or combination of vehicles with a total length exceeding 40 feet or a total width exceeding ten feet may, with due regard for all other traffic, deviate from the lane in which the operator is driving to the extent necessary to approach and drive through a roundabout.

 

Sec. 7.  Minnesota Statutes 2018, section 169.20, is amended by adding a subdivision to read:

 

Subd. 8.  Roundabouts.  If two vehicles or combinations of vehicles each having a total length exceeding 40 feet or a total width exceeding ten feet approach or drive through a roundabout at approximately the same time or so closely as to constitute a hazard of collision, the operator of the vehicle or combination of vehicles on the right must yield the right-of-way to the vehicle or combination of vehicles on the left and, if necessary, must reduce speed or stop in order to so yield.

 

Sec. 8.  Minnesota Statutes 2018, section 169.442, subdivision 5, is amended to read:

 

Subd. 5.  White strobe lamps on certain buses transporting children.  Notwithstanding section 169.55, subdivision 1, or 169.57, subdivision 3, paragraph (b), or other law to the contrary, A school bus that is subject to and complies with the equipment requirements of subdivision 1 and section 169.441, subdivision 1, or a Head Start bus, may be equipped with a flashing strobe lamp under section 169.64, subdivision 8.


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Sec. 9.  Minnesota Statutes 2018, section 169.442, is amended by adding a subdivision to read:

 

Subd. 6.  Supplemental warning system.  In addition to the signals required under subdivision 1, a type A, B, C, or D school bus may be equipped with a supplemental warning system under section 169.4503, subdivision 31.

 

Sec. 10.  Minnesota Statutes 2018, section 169.448, subdivision 1, is amended to read:

 

Subdivision 1.  Restrictions on appearance; misdemeanor.  (a) A bus that is not used as a school bus may must not be operated on a street or highway unless it is painted a color significantly different than national school bus glossy yellow.

 

(b) A bus that is not used as a school bus or Head Start bus may not be operated if it is equipped with school bus or Head Start bus-related equipment and printing.

 

(c) A violation of this subdivision is a misdemeanor.

 

(d) This subdivision does not apply to a school bus owned by or under contract to a school district operated as a charter or leased bus.

 

(e) This subdivision does not apply to a school bus operated by a licensed child care provider if:

 

(1) the stop stop-signal arm is removed;

 

(2) the eight-light system is lighting systems for prewarning flashing amber signals, flashing red signals, and supplemental warnings under section 169.4503, subdivision 31, are deactivated;

 

(3) the school bus is identified as a "child care bus" in letters at least eight inches high on the front and rear top of the bus;

 

(4) the name, address, and telephone number of the owner or operator of the bus is identified on each front door of the bus in letters not less than three inches high; and

 

(5) the conditions under section 171.02, subdivision 2a, paragraphs (a) through to (j), and (l), and (n), have been met.

 

Sec. 11.  Minnesota Statutes 2018, section 169.4503, subdivision 5, is amended to read:

 

Subd. 5.  Colors.  Fenderettes may be black.  The beltline may be painted yellow over black or black over yellow.  The rub rails shall must be black or yellow.  The area around the lenses of alternately flashing signal lamps extending outward from the edge of the lamp three inches, plus or minus one-quarter inch, to the sides and top and at least one inch to the bottom, shall must be black.  Visors or hoods, black in color, with a minimum of four inches may be provided.

 

Sec. 12.  Minnesota Statutes 2018, section 169.4503, subdivision 13, is amended to read:

 

Subd. 13.  Identification.  (a) Each bus shall must, in the beltline, identify the school district serviced, or company name, or owner of the bus.  Numbers necessary for identification must appear on the sides and rear of the bus.  Symbols or letters may be used on the outside of the bus near the entrance door for student identification.  A manufacturer's nameplate or logo may be placed on the bus.


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(b) Effective December 31, 1994, All type A, B, C, and D buses sold must display lettering "Unlawful to pass when red lights are flashing" on the rear of the bus.  The lettering shall must be in two-inch black letters on school bus yellow background.  This message shall must be displayed directly below the upper window of the rear door.  On rear engine buses, it shall must be centered at approximately the same location.  Only signs and lettering approved or required by state law may are permitted to be displayed.

 

(c) The requirements of paragraph (b) do not apply to a type A, B, C, or D school bus that is equipped with a changeable electronic message sign on the rear of the bus that:

 

(1) displays one or more of the messages:  "Caution / stopping," "Unlawful to pass," "Stop / do not pass," or similar messages approved by the commissioner;

 

(2) displays messages in conjunction with bus operation and activation of prewarning flashing amber signals, flashing red signals, or stop-signal arm, as appropriate; and

 

(3) is a supplemental warning system under section 169.4503, subdivision 31.

 

Sec. 13.  Minnesota Statutes 2018, section 169.4503, is amended by adding a subdivision to read:

 

Subd. 31.  Supplemental warning system; temporary authority.  (a) Prior to August 1, 2022, the commissioner may approve a type A, B, C, or D school bus to be equipped with a supplemental warning system.  On and after that date, a school bus may continue to be equipped with a previously approved supplemental warning system.

 

(b) To determine approval of a supplemental warning system, the commissioner must consider:

 

(1) signal colors, which are limited to one or more of the colors white, amber, and red;

 

(2) flashing patterns;

 

(3) vehicle mounting and placement;

 

(4) supplemental warning system activation in conjunction with activation of prewarning flashing amber signals, stop-signal arm, and flashing red signals;

 

(5) light intensity; and

 

(6) permissible text, signage, and graphics, if any.

 

(c) The commissioner must review relevant research findings and experience in other jurisdictions, and must consult with interested stakeholders, including but not limited to representatives from school district pupil transportation directors, private school bus operators, and pupil transportation and traffic safety associations.

 

Sec. 14.  Minnesota Statutes 2018, section 169.55, subdivision 1, is amended to read:

 

Subdivision 1.  Lights or reflectors required.  At the times when lighted lamps on vehicles are required each vehicle including an animal-drawn vehicle and any vehicle specifically excepted in sections 169.47 to 169.79, with respect to equipment and not hereinbefore specifically previously required to be equipped with lamps, shall must be equipped with one or more lighted lamps or lanterns projecting a white light visible from a distance of 500 feet to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of 500 feet to the rear, except that reflectors meeting the maximum requirements of this chapter may be used in lieu of the lights


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required in this subdivision.  It shall be unlawful except as otherwise provided in this subdivision, to project a white light to the rear of any such vehicle while traveling on any street or highway, unless such vehicle is moving in reverse.  A lighting device mounted on top of a vehicle engaged in deliveries to residences may project a white light to the rear if the sign projects one or more additional colors to the rear.  An authorized emergency vehicle may display an oscillating, alternating, or rotating white light used in connection with an oscillating, alternating, or rotating red light when responding to emergency calls.

 

Sec. 15.  Minnesota Statutes 2018, section 169.57, subdivision 3, is amended to read:

 

Subd. 3.  Maintenance.  (a) When a vehicle is equipped with stop lamps or signal lamps, such the lamps shall must at all times be maintained in good working condition.

 

(b) No stop lamps or signal lamp shall project a glaring or dazzling light.

 

(c) All mechanical signal devices shall must be self-illumined when in use at the times when lighted lamps on vehicles are required.

 

Sec. 16.  Minnesota Statutes 2018, section 169.64, subdivision 3, is amended to read:

 

Subd. 3.  Flashing lights; glaring lights.  (a) Flashing lights are prohibited, except:

 

(1) on an authorized emergency vehicle, school bus, bicycle as provided in section 169.222, subdivision 6, road maintenance equipment, tow truck or towing vehicle as provided in section 168B.16, service vehicle, farm tractor, self-propelled farm equipment, rural mail carrier vehicle, or funeral home vehicle, or;

 

(2) on any vehicle as a means of indicating a right or left turn, or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, or passing.; or

 

(3) as otherwise provided in this section. 

 

(b) All flashing warning lights shall must be of the type authorized by section 169.59, subdivision 4, unless otherwise permitted or required in this chapter.

 

(c) A stop lamp or signal lamp is prohibited from projecting a glaring or dazzling light, except for:

 

(1) strobe lamps as provided under subdivision 8 or section 169.59, subdivision 4; or

 

(2) a school bus equipped with a supplemental warning system under section 169.4503, subdivision 31.

 

Sec. 17.  Minnesota Statutes 2018, section 169.64, is amended by adding a subdivision to read:

 

Subd. 4a.  White light.  (a) It is unlawful to project a white light at the rear of a vehicle while traveling on any street or highway, except:

 

(1) for a vehicle moving in reverse;

 

(2) for a school bus equipped with a supplemental warning system under section 169.4503, subdivision 31;

 

(3) for a strobe lamp as provided under subdivision 8;

 

(4) as required for license plate illumination under section 169.50, subdivision 2;


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(5) as provided in section 169.59, subdivision 4; and

 

(6) as otherwise provided in this subdivision.

 

(b) A lighting device mounted on top of a vehicle engaged in deliveries to residences may project a white light to the rear if the sign projects one or more additional colors to the rear.

 

(c) An authorized emergency vehicle may display an oscillating, alternating, or rotating white light used in connection with an oscillating, alternating, or rotating red light when responding to emergency calls.

 

Sec. 18.  Minnesota Statutes 2018, section 169.64, subdivision 8, is amended to read:

 

Subd. 8.  Strobe lamp.  (a) Notwithstanding sections 169.55, subdivision 1; 169.57, subdivision 3, paragraph (b); or any other law to the contrary, a vehicle may be equipped with a 360-degree flashing strobe lamp that emits a white light with a flash rate of 60 to 120 flashes a minute, and the lamp may be used as provided in this subdivision, if the vehicle is:

 

(1) a school bus that is subject to and complies with the equipment requirements of sections 169.441, subdivision 1, and section 169.442, subdivision 1, or a Head Start bus.  The lamp must operate from a separate switch containing an indicator lamp to show when the strobe lamp is in use; or

 

(2) a road maintenance vehicle owned or under contract to the Department of Transportation or a road authority of a county, home rule or statutory city, or town, but the strobe lamp may only be operated while the vehicle is actually engaged in snow removal during daylight hours.

 

(b) Notwithstanding sections 169.55, subdivision 1; 169.57, subdivision 3, paragraph (b); or any other law to the contrary, a vehicle may be equipped with a 360-degree flashing strobe lamp that emits an amber light with a flash rate of 60 to 120 flashes a minute, and the lamp may be used as provided in this subdivision, if the vehicle is a rural mail carrier vehicle, provided that the strobe lamp is mounted at the highest practicable point on the vehicle.  The strobe lamp may only be operated while the vehicle is actually engaged during daylight hours in the delivery of mail to residents on a rural mail route.

 

(c) A strobe lamp authorized by this section shall subdivision must be of a double flash type certified to the commissioner of public safety by the manufacturer as being weatherproof and having a minimum an effective light output of 200 candelas as measured by the Blondel-Rey formula that meets or exceeds the most recent version of SAE International standard J845, Class 2, or a subsequent standard.

 

Sec. 19.  Minnesota Statutes 2018, section 169.81, is amended by adding a subdivision to read:

 

Subd. 11.  Automobile transporter.  (a) For purposes of this subdivision, the following terms have the meanings given them:

 

(1) "automobile transporter" means any vehicle combination designed and used to transport assembled highway vehicles, including truck camper units;

 

(2) "stinger-steered combination automobile transporter" means a truck tractor semitrailer having the fifth wheel located on a drop frame located behind and below the rear-most axle of the power unit; and

 

(3) "backhaul" means the return trip of a vehicle transporting cargo or general freight, including when carrying goods back over all or part of the same route.


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(b) Stinger-steered combination automobile transporters having a length of 80 feet or less may be operated on interstate highways and other highways designated in this section, and in addition may carry a load that extends the length by four feet or less in the front of the vehicle and six feet or less in the rear of the vehicle.

 

(c) An automobile transporter may transport cargo or general freight on a backhaul, provided it complies with weight limitations for a truck tractor and semitrailer combination under section 169.824.

 

Sec. 20.  Minnesota Statutes 2018, section 169.8261, subdivision 2, is amended to read:

 

Subd. 2.  Conditions.  (a) A vehicle or combination of vehicles described in subdivision 1 must:

 

(1) comply with seasonal load restrictions in effect between the dates set by the commissioner under section 169.87, subdivision 2;

 

(2) comply with bridge load limits posted under section 169.84;

 

(3) be equipped and operated with six or more axles and brakes on all wheels;

 

(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle weight during the time when seasonal increases are authorized under section 169.826;

 

(5) not be operated on interstate highways;

 

(6) obtain an annual permit from the commissioner of transportation;

 

(7) obey all road postings; and

 

(8) not exceed 20,000 pounds gross weight on any single axle.

 

(b) A vehicle operated under this section may exceed the legal axle weight limits listed in section 169.824 by not more than 12.5 percent; except that, the weight limits may be exceeded by not more than 23.75 percent during the time when seasonal increases are authorized under section 169.826, subdivision 1.

 

(c) Notwithstanding paragraph (a), clause (5), a vehicle or combination of vehicles hauling raw or unfinished forest products may operate on the segment of marked Interstate Highway 35 provided under United States Code, title 23, section 127(q)(2)(D).

 

Sec. 21.  Minnesota Statutes 2018, section 169.829, subdivision 4, is amended to read:

 

Subd. 4.  Certain emergency vehicles.  (a) The provisions of sections 169.80 to 169.88 governing size, weight, and load do not apply to a fire apparatus, a law enforcement special response vehicle, or a licensed land emergency ambulance service vehicle.

 

(b) Emergency vehicles designed to transport personnel and equipment to support the suppression of fires and to mitigate other hazardous situations are subject to the following weight limitations when operated on an interstate highway:  (1) 24,000 pounds on a single steering axle; (2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear drive steer axle; and (4) 62,000 pounds on a tandem axle.  The gross weight of an emergency vehicle operating on an interstate highway must not exceed 86,000 pounds.


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Sec. 22.  Minnesota Statutes 2018, section 171.041, is amended to read:

 

171.041 RESTRICTED LICENSE FOR FARM WORK.

 

(a) Notwithstanding any provisions of section 171.04 relating to the age of an applicant to the contrary, the commissioner may issue a restricted farm work license to operate a motor vehicle to a person who has attained the age of 15 years and who, except for age, is qualified to hold a driver's license.  The applicant is not required to comply with the six-month instruction permit possession provisions of sections 171.04, subdivision 1, clause (2), and 171.05, subdivision 2a, or with the 12-month provisional license possession provision of section 171.04, subdivision 1, clause (1), item (i).

 

(b) The restricted license shall must be issued solely for the purpose of authorizing the person to whom the restricted license is issued to assist the person's parents or guardians with farm work.  An individual may perform farm work under the restricted license for any entity authorized to farm under section 500.24.  A person holding this restricted license may operate a motor vehicle only during daylight hours and only within a radius of 20 40 miles of the parent's or guardian's farmhouse; however, in no case may a person holding the restricted license operate a motor vehicle in a city of the first class.

 

(c) An applicant for a restricted license shall must apply to the commissioner for the license on forms prescribed by the commissioner.  The application shall must be accompanied by:

 

(1) a copy of a property tax statement showing that the applicant's parent or guardian owns land that is classified as agricultural land or a copy of a rental statement or agreement showing that the applicant's parent or guardian rents land classified as agricultural land; and

 

(2) a written verified statement by the applicant's parent or guardian setting forth the necessity for the license.

 

EFFECTIVE DATE.  This section is effective June 1, 2019.

 

Sec. 23.  Minnesota Statutes 2018, section 174.12, subdivision 8, is amended to read:

 

Subd. 8.  Legislative report.  (a) By February 1 of each odd-numbered year, the commissioner of transportation, with assistance from the commissioner of employment and economic development, shall must submit a report on the transportation economic development program to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance and economic development policy and finance.

 

(b) At a minimum, the report must:

 

(1) summarize the requirements and implementation of the transportation economic development program established in this section;

 

(2) review the criteria and economic impact performance measures used for evaluation, prioritization, and selection of projects;

 

(3) provide a brief overview of each project that received financial assistance under the program, which must at a minimum identify:

 

(i) basic project characteristics, such as funding recipient, geographic location, and type of transportation modes served;


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(ii) sources and respective amounts of project funding; and

 

(iii) the degree of economic benefit anticipated or observed, following the economic impact performance measures established under subdivision 4;

 

(4) identify the allocation of funds, including but not limited to a breakdown of total project funds by transportation mode, the amount expended for administrative costs, and the amount transferred to the transportation economic development assistance account;

 

(5) evaluate the overall economic impact of the program; and

 

(6) provide recommendations for any legislative changes related to the program.

 

(c) Notwithstanding paragraph (a), a report is not required in an odd-numbered year if no project received financial assistance during the preceding 24 months.

 

Sec. 24.  Minnesota Statutes 2018, section 360.013, is amended by adding a subdivision to read:

 

Subd. 46a.  Comprehensive plan.  "Comprehensive plan" has the meaning given in section 394.22, subdivision 9, or 462.352, subdivision 5.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019.

 

Sec. 25.  Minnesota Statutes 2018, section 360.017, subdivision 1, is amended to read:

 

Subdivision 1.  Creation; authorized disbursements.  (a) There is hereby created a fund to be known as the state airports fund.  The fund shall consist of all money appropriated to it, or directed to be paid into it, by the legislature.

 

(b) The state airports fund shall be paid out on authorization of the commissioner and shall be used:

 

(1) to acquire, construct, improve, maintain, and operate airports and other air navigation facilities;

 

(2) to assist municipalities in the planning, acquisition, construction, improvement, and maintenance of airports and other air navigation facilities;

 

(3) to assist municipalities to initiate, enhance, and market scheduled air service at their airports;

 

(4) to promote interest and safety in aeronautics through education and information; and

 

(5) to pay the salaries and expenses of the Department of Transportation related to aeronautic planning, administration, and operation.  All allotments of money from the state airports fund for salaries and expenses shall be approved by the commissioner of management and budget.

 

(c) A municipality that adopts a comprehensive plan that the commissioner finds is incompatible with the state aviation plan is not eligible for assistance from the state airports fund.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.


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Sec. 26.  Minnesota Statutes 2018, section 360.021, subdivision 1, is amended to read:

 

Subdivision 1.  Authority to establish.  The commissioner is authorized and empowered, on behalf of and in the name of this state, within the limitation of available appropriations, to acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property, real or personal, for the purpose of establishing and constructing restricted landing areas and other air navigation facilities and to acquire in like manner, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police such restricted landing areas and other air navigation facilities, either within or without this state; and to make, prior to any such acquisition, investigations, surveys, and plans.  The commissioner may maintain, equip, operate, regulate, and police airports, either within or without this state.  The operation and maintenance of airports is an essential public service.  The commissioner may maintain at such airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers.  The commissioner may dispose of any such property, airport, restricted landing area, or any other air navigation facility, by sale, lease, or otherwise, in accordance with the laws of this state governing the disposition of other like property of the state.  The commissioner may not acquire or take over any restricted landing area, or other air navigation facility without the consent of the owner.  The commissioner shall not acquire any additional state airports nor establish any additional state-owned airports.  The commissioner may erect, equip, operate, and maintain on any airport buildings and equipment necessary and proper to maintain, and conduct such airport and air navigation facilities connected therewith.  The commissioner shall not expend money for land acquisition, or for the construction, improvement, or maintenance of airports, or for air navigation facilities for an airport, unless the governmental unit municipality, county, or joint airport zoning board involved has or is establishing a zoning authority for that airport, and the authority has made a good-faith showing that it is in the process of and will complete with due diligence, an airport zoning ordinance in accordance with sections 360.061 to 360.074.  The commissioner may provide funds to support airport safety projects that maintain existing infrastructure, regardless of a zoning authority's efforts to complete a zoning regulation.  The commissioner may withhold funding from only the airport subject to the proposed zoning ordinance.  Notwithstanding the foregoing prohibition, the commissioner may continue to maintain the state-owned airport at Pine Creek.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 27.  Minnesota Statutes 2018, section 360.024, is amended to read:

 

360.024 AIR TRANSPORTATION SERVICE CHARGE.

 

Subdivision 1.  Charges.  (a) The commissioner shall must charge users of air transportation services provided by the commissioner for direct operating costs, excluding pilot salary and.

 

(b) The commissioner must charge users for a portion of aircraft acquisition, replacement, or leasing costs.

 

Subd. 2.  Accounts; appropriation.  (a) An air transportation services account is established in the state airports fund.  The account consists of money collected under subdivision 1, paragraph (a), and any other money donated, allotted, transferred, or otherwise provided to the account.  All receipts for these services shall be deposited in the air transportation services account in the state airports fund and are Money in the account is annually appropriated to the commissioner to pay these direct air service operating costs.


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(b) An aircraft capital account is established in the state airports fund.  The account consists of collections under subdivision 1, paragraph (b), proceeds from the sale of aircraft under jurisdiction of the department, and any other money donated, allotted, transferred, or otherwise provided to the account.  Money in the account must be used for aircraft acquisition, replacement, or leasing costs.  Except as provided by law, the commissioner must not transfer money into or out of the account.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.

 

Sec. 28.  Minnesota Statutes 2018, section 360.062, is amended to read:

 

360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING NEIGHBORHOOD LAND USES.

 

(a) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and may reduce the size of the area available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility of the airport and the public investment therein.  It is also found that the social and financial costs of disrupting existing land uses around airports in built up urban areas, particularly established residential neighborhoods, often outweigh the benefits of a reduction in airport hazards that might result from the elimination or removal of those uses.

 

(b) Accordingly, it is hereby declared:  (1) that the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (2) that it is therefor necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented and that this should be accomplished to the extent legally possible, by exercise of the police power, without compensation; and (3) that the elimination or removal of existing land uses, particularly established residential neighborhoods in built-up urban areas, or their designation as nonconforming uses is not in the public interest and should be avoided whenever possible consistent with reasonable standards of safety.

 

(c) It is further declared that the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are essential public purposes services for which political subdivisions may raise and expend public funds and acquire land or property interests therein.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 29.  Minnesota Statutes 2018, section 360.063, subdivision 1, is amended to read:

 

Subdivision 1.  Enforcement under police power.  (a) In order to prevent the creation or establishment of airport hazards, every municipality having an airport hazard area within its territorial limits may, unless a joint airport zoning board is permitted under subdivision 3, adopt, amend from time to time, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.

 

(b) For the purpose of promoting In order to promote health, safety, order, convenience, prosperity, general welfare and for conserving to conserve property values and encouraging encourage the most appropriate use of land, the municipality may regulate the location, size and use of buildings and the density of population in that portion of


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an airport hazard area under approach zones for a distance not to exceed two miles from the airport boundary and in other portions of an in airport hazard area may regulate by land use zoning for a distance not to exceed one mile from the airport boundary, and by height-restriction zoning for a distance not to exceed 1-1/2 miles from the airport boundary areas:  (1) land use; (2) height restrictions; (3) the location, size, and use of buildings; and (4) the density of population.

 

(c) The powers granted by this subdivision may be exercised by metropolitan airports commissions in contiguous cities of the first class in and for which they have been created.

 

(d) In the case of airports owned or operated by the state of Minnesota such powers shall be exercised by the state airport zoning boards or by the commissioner of transportation as authorized herein.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 30.  Minnesota Statutes 2018, section 360.063, subdivision 3, is amended to read:

 

Subd. 3.  Joint airport zoning board.  (a) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport may request a county or municipality in which an airport hazard area is located:

 

(1) to adopt and enforce airport zoning regulations for the area in question that conform to standards prescribed by the commissioner pursuant to subdivision 4 under sections 360.0655 and 360.0656; or

 

(2) to join in creating a joint airport zoning board pursuant to paragraph (b).  The owning or controlling municipality shall determine which of these actions it shall request, except as provided in paragraph (e) for the Metropolitan Airports Commission.  The request shall be made by certified mail to the governing body of each county and municipality in which an airport hazard area is located.

 

(b) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport and the county or other municipality within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by subdivision 1 in the municipality within which the area is located.  A joint board shall have as members two representatives appointed by the municipality owning or controlling the airport and two from the county or municipality, or in case more than one county or municipality is involved two from each county or municipality, in which the airport hazard is located, and in addition a chair elected by a majority of the members so appointed.  All members shall serve at the pleasure of their respective appointing authority.  Notwithstanding any other provision of law to the contrary, if the owning and controlling municipality is a city of the first class it shall appoint four members to the board, and the chair of the board shall be elected from the membership of the board.

 

(c) If a county or municipality, within 60 days of receiving a request from an owning or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the owning or controlling municipality, or a joint airport zoning board created without participation by the subdivisions which fail to join the board, may itself adopt, administer, and enforce


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airport zoning regulations for the airport hazard area in question.  In the event of conflict between the regulations and airport zoning regulations adopted by the county or municipality within which the airport hazard area is located, section 360.064, subdivision 2, applies.

 

(d) "Owning or controlling municipality," as used in this subdivision, includes:

 

(1) a joint airport operating board created pursuant to section 360.042 that has been granted all the powers of a municipality in zoning matters under the agreement creating the board;

 

(2) a joint airport operating board created pursuant to section 360.042 that has not been granted zoning powers under the agreement creating the board; provided that the board shall not itself adopt zoning regulations nor shall a joint airport zoning board created at its request adopt zoning regulations unless all municipalities that created the joint operating board join to create the joint zoning board; and

 

(3) the Metropolitan Airports Commission established and operated pursuant to chapter 473.

 

(e) The Metropolitan Airports Commission shall request creation of one joint airport zoning board for each airport operated under its authority.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 31.  Minnesota Statutes 2018, section 360.064, subdivision 1, is amended to read:

 

Subdivision 1.  Comprehensive regulations.  In the event that a municipality has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the height of buildings, any airport zoning regulations applicable to the same area or portion thereof may must be incorporated by reference or incorporated in and made a part of such comprehensive zoning regulations and be administered and enforced in connection therewith.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 32.  Minnesota Statutes 2018, section 360.065, subdivision 1, is amended to read:

 

Subdivision 1.  Notice of proposed zoning regulations, hearing.  (a) No airport zoning regulations shall be adopted, amended, or changed under sections 360.011 to 360.076, except by action of the governing body of the municipality or, county in question, or joint airport zoning board under section 360.0655 or 360.0656, or the boards provided for in section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions 6 and 8, after public hearings, at which parties in interest and citizens shall have an opportunity to be heard.

 

(b) A public hearing shall must be held on the proposed airport zoning regulations proposed by a municipality, county, or joint airport zoning board before they are submitted for approval to the commissioner and after that approval but before final adoption by the local zoning authority for approval.  If any changes that alter the


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regulations placed on a parcel of land are made to the proposed airport zoning regulations after the initial public hearing, the municipality, county, or joint airport zoning board must hold a second public hearing before final adoption of the regulation.  The commissioner may require a second hearing as determined necessary.

 

(c) Notice of a hearing required pursuant to this subdivision shall must be published by the local zoning authority municipality, county, or joint airport zoning board at least three times during the period between 15 days and five days before the hearing in an official newspaper and in a second newspaper designated by that authority which has a wide general circulation in the area affected by the proposed regulations. and posted on the municipality's, county's, or joint airport zoning board's website.  If there is not a second newspaper of wide general circulation in the area that the municipality, county, or joint airport zoning board can designate for the notice, the municipality, county, or joint airport zoning board is only required to publish the notice once in the official newspaper of the jurisdiction.  The notice shall not be published in the legal notice section of a newspaper.  The notice must specify the time, location, and purpose of the hearing, and must identify any additional location and time the proposed regulations will be available for public inspection.  A copy of the published notice must be added to the record of the proceedings.

 

(d) Notice of a hearing shall also be mailed to the governing body of each political subdivision in which property affected by the regulations is located.  Notice shall must be given by mail at least 15 ten days before each hearing to any persons in municipalities that own land proposed to be included in safety zone A or B as provided in the rules of the Department of Transportation and landowners where the location or size of a building, or the density of population, will be regulated.  Mailed notice must also be provided at least ten days before each hearing to persons or municipalities that have previously requested such notice from the authority.  municipality, county, or joint airport zoning board.  The notice must specify the time, location, and purpose of the hearing, and must identify any additional location and time the proposed regulations will be made available for public inspection.  Mailed notice must also identify the property affected by the regulations.  For the purpose of giving providing mailed notice, the authority municipality, county, or joint airport zoning board may use any appropriate records to determine the names and addresses of owners.  A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall must be made a part of added to the records of the proceedings.  The Failure to give provide mailed notice to individual property owners, or defects a defect in the notice, shall does not invalidate the proceedings; provided if a bona fide attempt to comply with this subdivision has been was made.  A notice shall describe the property affected by the proposed regulations and the restrictions to be imposed on the property by the regulations and shall state the place and time at which the proposed regulations are available for public inspection.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 33.  [360.0655] AIRPORT ZONING REGULATIONS BASED ON COMMISSIONER'S STANDARDS; SUBMISSION PROCESS.

 

Subdivision 1.  Submission to commissioner; review.  (a) Except as provided in section 360.0656, prior to adopting zoning regulations the municipality, county, or joint airport zoning board must submit the proposed regulations to the commissioner for the commissioner to determine whether the regulations conform to the standards prescribed by the commissioner.  The municipality, county, or joint airport zoning board may elect to complete custom airport zoning under section 360.0656 instead of using the commissioner's standard, but only after providing written notice to the commissioner.


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(b) Notwithstanding section 15.99, the commissioner must examine the proposed regulations within 90 days of receipt of the regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval or objections, if any.  Failure to respond within 90 days is deemed an approval.  The commissioner may request additional information from the municipality, county, or joint airport zoning board within the 90-day review period.  If the commissioner requests additional information, the 90-day review period is tolled until the commissioner receives information and deems the information satisfactory.

 

(c) If the commissioner objects on the grounds that the regulations do not conform to the standards prescribed by the commissioner, the municipality, county, or joint airport zoning board must make amendments necessary to resolve the objections or provide written notice to the commissioner that the municipality, county, or joint airport zoning board has elected to proceed with zoning under section 360.0656.

 

(d) If the municipality, county, or joint airport zoning board makes revisions to the proposed regulations after its initial public hearing, the municipality, county, or joint airport zoning board must conduct a second public hearing on the revisions and resubmit the revised proposed regulations to the commissioner for review.  The commissioner must examine the revised proposed regulations within 90 days of receipt to determine whether the revised proposed regulations conform to the standards prescribed by the commissioner.

 

(e) If, after a second review period, the commissioner determines that the municipality, county, or joint airport zoning board failed to submit proposed regulations that conform to the commissioner's standards, the commissioner must provide a final written decision to the municipality, county, or joint airport zoning board.

 

(f) The municipality, county, or joint airport zoning board must not adopt regulations or take other action until the proposed regulations are approved by the commissioner.

 

(g) The commissioner may approve local zoning ordinances that are more stringent than the commissioner's standards.

 

(h) If the commissioner approves the proposed regulations, the municipality, county, or joint airport zoning board may adopt the regulations.

 

(i) A copy of the adopted regulations must be filed with the county recorder in each county that contains a zoned area subject to the regulations.

 

(j) Substantive rights that existed and had been exercised prior to August 1, 2019, are not affected by the filing of the regulations.

 

Subd. 2.  Protection of existing land uses.  (a) In order to ensure minimum disruption of existing land uses, the commissioner's airport zoning standards and local airport zoning ordinances or regulations adopted under this section must distinguish between the creation or establishment of a use and the elimination of an existing use, and must avoid the elimination, removal, or reclassification of existing uses to the extent consistent with reasonable safety standards.  The commissioner's standards must include criteria for determining when an existing land use may constitute an airport hazard so severe that public safety considerations outweigh the public interest in preventing disruption to that land use.

 

(b) Airport zoning regulations that classify as a nonconforming use or require nonconforming use classification with respect to any existing low-density structure or existing isolated low-density building lots must be adopted under sections 360.061 to 360.074.


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(c) A local airport zoning authority may classify a land use described in paragraph (b) as an airport hazard if the authority finds that the classification is justified by public safety considerations and is consistent with the commissioner's airport zoning standards.  Any land use described in paragraph (b) that is classified as an airport hazard must be acquired, altered, or removed at public expense.

 

(d) This subdivision must not be construed to affect the classification of any land use under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 34.  [360.0656] CUSTOM AIRPORT ZONING STANDARDS.

 

Subdivision 1.  Custom airport zoning standards; factors.  (a) Notwithstanding section 360.0655, a municipality, county, or joint airport zoning board must provide notice to the commissioner when the municipality, county, or joint airport zoning board intends to establish and adopt custom airport zoning regulations under this section.

 

(b) Airport zoning regulations submitted to the commissioner under this subdivision are not subject to the commissioner's zoning regulations under section 360.0655 or Minnesota Rules, part 8800.2400.

 

(c) When developing and adopting custom airport zoning regulations under this section, the municipality, county, or joint airport zoning board must include in the record a detailed analysis that explains how the proposed custom airport zoning regulations addressed the following factors to ensure a reasonable level of safety:

 

(1) the location of the airport, the surrounding land uses, and the character of neighborhoods in the vicinity of the airport, including:

 

(i) the location of vulnerable populations, including schools, hospitals, and nursing homes, in the airport hazard area;

 

(ii) the location of land uses that attract large assemblies of people in the airport hazard area;

 

(iii) the availability of contiguous open spaces in the airport hazard area;

 

(iv) the location of wildlife attractants in the airport hazard area;

 

(v) airport ownership or control of the federal Runway Protection Zone and the department's Clear Zone;

 

(vi) land uses that create or cause interference with the operation of radio or electronic facilities used by the airport or aircraft;

 

(vii) land uses that make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, or impair visibility in the vicinity of the airport;

 

(viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the aircraft;

 

(ix) airspace protection to prevent the creation of air navigation hazards in the airport hazard area; and


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(x) the social and economic costs of restricting land uses;

 

(2) the airport's type of operations and how the operations affect safety surrounding the airport;

 

(3) the accident rate at the airport compared to a statistically significant sample, including an analysis of accident distribution based on the rate with a higher accident incidence;

 

(4) the planned land uses within an airport hazard area, including any applicable platting, zoning, comprehensive plan, or transportation plan; and

 

(5) any other information relevant to safety or the airport.

 

Subd. 2.  Submission to commissioner; review.  (a) Except as provided in section 360.0655, prior to adopting zoning regulations, the municipality, county, or joint airport zoning board must submit its proposed regulations and the supporting record to the commissioner for review.  The commissioner must determine whether the proposed custom airport zoning regulations and supporting record (1) evaluate the criteria under subdivision 1, and (2) provide a reasonable level of safety.

 

(b) Notwithstanding section 15.99, the commissioner must examine the proposed regulations within 90 days of receipt of the regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval or objections, if any.  Failure to respond within 90 days is deemed an approval.  The commissioner may request additional information from the municipality, county, or joint airport zoning board within the 90-day review period.

 

(c) If the commissioner objects on the grounds that the regulations do not provide a reasonable level of safety, the municipality, county, or joint airport zoning board must review, consider, and provide a detailed explanation demonstrating how it evaluated the objections and what action it took or did not take in response to the objections.  If the municipality, county, or joint airport zoning board submits amended regulations after its initial public hearing, the municipality, county, or joint airport zoning board must conduct a second public hearing on the revisions and resubmit the revised proposed regulations to the commissioner for review.  The commissioner must examine the revised proposed regulations within 90 days of receipt of the regulations.  If the commissioner requests additional information, the 90-day review period is tolled until satisfactory information is received by the commissioner.  Failure to respond within 90 days is deemed an approval.

 

(d) If, after the second review period, the commissioner determines that the municipality, county, or joint airport zoning board failed to submit proposed regulations that provide a reasonable safety level, the commissioner must provide a final written decision to the municipality, county, or joint airport zoning board.

 

(e) A municipality, county, or joint airport zoning board is prohibited from adopting custom regulations or taking other action until the proposed regulations are approved by the commissioner.

 

(f) If the commissioner approves the proposed regulations, the municipality, county, or joint airport zoning board may adopt the regulations.

 

(g) A copy of the adopted regulations must be filed with the county recorder in each county that contains a zoned area subject to the regulations.

 

(h) Substantive rights that existed and had been exercised prior to August 1, 2019, are not affected by the filing of the regulations.


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EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 35.  Minnesota Statutes 2018, section 360.066, subdivision 1, is amended to read:

 

Subdivision 1.  Reasonableness.  Standards of the commissioner Zoning standards defining airport hazard areas and the categories of uses permitted and airport zoning regulations adopted under sections 360.011 to 360.076, shall must be reasonable, and none shall impose a requirement or restriction which that is not reasonably necessary to effectuate the purposes of sections 360.011 to 360.076.  In determining what minimum airport zoning regulations may be adopted, the commissioner and a local airport zoning authority shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the location of the airport, the nature of the terrain within the airport hazard area, the existing land uses and character of the neighborhood around the airport, the uses to which the property to be zoned are planned and adaptable, and the social and economic costs of restricting land uses versus the benefits derived from a strict application of the standards of the commissioner.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 36.  Minnesota Statutes 2018, section 360.067, is amended by adding a subdivision to read:

 

Subd. 5.  Federal no hazard determination.  (a) Notwithstanding subdivisions 1 and 2, a municipality, county, or joint airport zoning board may include in its custom airport zoning regulations adopted under section 360.0656 an option to permit construction of a structure, an increase or alteration of the height of a structure, or the growth of an existing tree without a variance from height restrictions if the Federal Aviation Administration has analyzed the proposed construction, alteration, or growth under Code of Federal Regulations, title 14, part 77, and has determined the proposed construction, alteration, or growth does not:

 

(1) pose a hazard to air navigation;

 

(2) require changes to airport or aircraft operations; or

 

(3) require any mitigation conditions by the Federal Aviation Administration that cannot be satisfied by the landowner.

 

(b) A municipality, county, or joint airport zoning board that permits an exception to height restrictions under this subdivision must require the applicant to file the Federal Aviation Administration's no hazard determination with the applicable zoning administrator.  The applicant must obtain written approval of the zoning administrator before construction, alteration, or growth may occur.  Failure of the administrator to respond within 60 days to a filing under this subdivision is deemed a denial.  The Federal Aviation Administration's no hazard determination does not apply to requests for variation from land use, density, or any other requirement unrelated to the height of structures or the growth of trees.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.


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Sec. 37.  Minnesota Statutes 2018, section 360.071, subdivision 2, is amended to read:

 

Subd. 2.  Membership.  (a) Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment.  Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing.  The length of initial appointments may be staggered.

 

(b) In the case of a Metropolitan Airports Commission, five members shall be appointed by the commission chair from the area in and for which the commission was created, any of whom may be members of the commission.  In the case of an airport owned or operated by the state of Minnesota, the board of commissioners of the county, or counties, in which the airport hazard area is located shall constitute the airport board of adjustment and shall exercise the powers and duties of such board as provided herein.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 38.  Minnesota Statutes 2018, section 360.305, subdivision 6, is amended to read:

 

Subd. 6.  Zoning required.  The commissioner shall must not expend money for planning or land acquisition, or for the construction, improvement, or maintenance of airports, or for air navigation facilities for an airport, unless the governmental unit municipality, county, or joint airport zoning board involved has or is establishing a zoning authority for that airport, and the authority has made a good-faith showing that it is in the process of and will complete with due diligence, an airport zoning ordinance in accordance with sections 360.061 to 360.074.  The commissioner may provide funds to support airport safety projects that maintain existing infrastructure, regardless of a zoning authority's efforts to complete a zoning regulation.  The commissioner shall must make maximum use of zoning and easements to eliminate runway and other potential airport hazards rather than land acquisition in fee.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 39.  Minnesota Statutes 2018, section 394.22, is amended by adding a subdivision to read:

 

Subd. 1a.  Airport safety zone.  "Airport safety zone" means an area subject to land use zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate (1) the size or location of buildings, or (2) the density of population.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019.

 

Sec. 40.  Minnesota Statutes 2018, section 394.23, is amended to read:

 

394.23 COMPREHENSIVE PLAN.

 

The board has the power and authority to prepare and adopt by ordinance, a comprehensive plan.  A comprehensive plan or plans when adopted by ordinance must be the basis for official controls adopted under the provisions of sections 394.21 to 394.37.  The commissioner of natural resources must provide the natural heritage


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data from the county biological survey, if available, to each county for use in the comprehensive plan.  When adopting or updating the comprehensive plan, the board must, if the data is available to the county, consider natural heritage data resulting from the county biological survey.  In a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, the board must consider adopting goals and objectives that will protect open space and the environment.  The board must consider the location and dimensions of airport safety zones in any portion of the county, and of any airport improvements, identified in the airport's most recent approved airport layout plan.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 41.  Minnesota Statutes 2018, section 394.231, is amended to read:

 

394.231 COMPREHENSIVE PLANS IN GREATER MINNESOTA; OPEN SPACE.

 

A county adopting or updating a comprehensive plan in a county outside the metropolitan area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and objectives for the preservation of agricultural, forest, wildlife, and open space land, and minimizing development in sensitive shoreland areas.  Within three years of updating the comprehensive plan, the county shall consider adopting ordinances as part of the county's official controls that encourage the implementation of the goals and objectives.  The county shall consider the following goals and objectives:

 

(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration of appropriate minimum lot sizes;

 

(2) minimizing further development in sensitive shoreland areas;

 

(3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers;

 

(4) encouraging land uses in airport safety zones that are compatible with the safe operation of the airport and the safety of people in the vicinity of the airport;

 

(4) (5) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services, infrastructure, other services, and to the extent feasible, encouraging full development of areas previously zoned for nonagricultural uses;

 

(5) (6) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers;

 

(6) (7) identification of areas where other developments are appropriate; and

 

(7) (8) other goals and objectives a county may identify.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.


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Sec. 42.  Minnesota Statutes 2018, section 394.25, subdivision 3, is amended to read:

 

Subd. 3.  In district zoning, maps.  Within each such district zoning ordinances or maps may also be adopted designating or limiting the location, height, width, bulk, type of foundation, number of stories, size of, and the specific uses for which dwellings, buildings, and structures may be erected or altered; the minimum and maximum size of yards, courts, or other open spaces; setback from existing roads and highways and roads and highways designated on an official map; protective measures necessary to protect the public interest including but not limited to controls relating to appearance, signs, lighting, hours of operation and other aesthetic performance characteristics including but not limited to noise, heat, glare, vibrations and smoke; the area required to provide for off street loading and parking facilities; heights of trees and structures near airports; and to avoid too great concentration or scattering of the population.  All such provisions shall be uniform for each class of land or building throughout each district, but the provisions in one district may differ from those in other districts.  No provision may prohibit earth sheltered construction as defined in section 216C.06, subdivision 14, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section.  Airport safety zones must be included on maps that illustrate boundaries of zoning districts and that are adopted as official controls.

 

EFFECTIVE DATE.  This section is effective August 1, 2019, and applies to maps created or updated under this section on or after that date.

 

Sec. 43.  Minnesota Statutes 2018, section 462.352, is amended by adding a subdivision to read:

 

Subd. 1a.  Airport safety zone.  "Airport safety zone" has the meaning given in section 394.22, subdivision 1a.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019.

 

Sec. 44.  Minnesota Statutes 2018, section 462.355, subdivision 1, is amended to read:

 

Subdivision 1.  Preparation and review.  The planning agency shall prepare the comprehensive municipal plan.  In discharging this duty the planning agency shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in the development of the comprehensive municipal plan.  In its planning activities the planning agency shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies.  The planning agency shall periodically review the plan and recommend amendments whenever necessary.  When preparing or recommending amendments to the comprehensive plan, the planning agency of a municipality located within a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, must consider adopting goals and objectives that will protect open space and the environment.  When preparing or recommending amendments to the comprehensive plan, the planning agency must consider (1) the location and dimensions of airport safety zones in any portion of the municipality, and (2) any airport improvements identified in the airport's most recent approved airport layout plan.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 45.  Minnesota Statutes 2018, section 462.357, is amended by adding a subdivision to read:

 

Subd. 1i.  Airport safety zones on zoning maps.  Airport safety zones must be included on maps that illustrate boundaries of zoning districts and that are adopted as official controls.

 

EFFECTIVE DATE.  This section is effective August 1, 2019, and applies to maps created or updated under this section on or after that date.


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Sec. 46.  Minnesota Statutes 2018, section 462.357, subdivision 9, is amended to read:

 

Subd. 9.  Development goals and objectives.  In adopting official controls after July 1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider restricting new residential, commercial, and industrial development so that the new development takes place in areas subject to the following goals and objectives:

 

(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration of appropriate minimum lot sizes;

 

(2) minimizing further development in sensitive shoreland areas;

 

(3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers;

 

(4) encouraging land uses in airport safety zones that are compatible with the safe operation of the airport and the safety of people in the vicinity of the airport;

 

(4) (5) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services, infrastructure, other services, and to the extent feasible, encouraging full development of areas previously zoned for nonagricultural uses;

 

(5) (6) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers;

 

(6) (7) identification of areas where other developments are appropriate; and

 

(7) (8) other goals and objectives a municipality may identify.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances.

 

Sec. 47.  Minnesota Statutes 2018, section 574.26, subdivision 1a, is amended to read:

 

Subd. 1a.  Exemptions:  certain manufacturers; commissioner of transportation; road maintenance.  (a) Sections 574.26 to 574.32 do not apply to a manufacturer of public transit buses that manufactures at least 100 public transit buses in a calendar year.  For purposes of this section, "public transit bus" means a motor vehicle designed to transport people, with a design capacity for carrying more than 40 passengers, including the driver.  The term "public transit bus" does not include a school bus, as defined in section 169.011, subdivision 71.

 

(b) At the discretion of the commissioner of transportation, sections 574.26 to 574.32 do not apply to any projects of the Department of Transportation (1) costing less than the amount in section 471.345, subdivision 3, or (2) involving the permanent or semipermanent installation of heavy machinery, fixtures, or other capital equipment to be used primarily for maintenance or repair, or (3) awarded under section 161.32, subdivision 2.

 

(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal, grading, or other similar routine road maintenance on town roads.


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Sec. 48.  Laws 2014, chapter 312, article 11, section 38, subdivision 5, is amended to read:

 

Subd. 5.  Pilot program evaluation.  In coordination with the city, the commissioner of transportation shall evaluate effectiveness of the pilot program under this section, which must include analysis of traffic safety impacts, utility to motorists and tourists, costs and expenditures, extent of community support, and pilot program termination or continuation.  By January 15, 2021 2025, the commissioner shall submit a report on the evaluation to the chairs and ranking minority members and staff of the legislative committees with jurisdiction over transportation policy and finance.

 

Sec. 49.  Laws 2014, chapter 312, article 11, section 38, subdivision 6, is amended to read:

 

Subd. 6.  Expiration.  The pilot program under this section expires January 1, 2022 2026.

 

Sec. 50.  LEGISLATIVE ROUTE NO. 222 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 153, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Red Lake County to transfer jurisdiction of Legislative Route No. 222 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 51.  LEGISLATIVE ROUTE NO. 253 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 184, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Faribault County to transfer jurisdiction of Legislative Route No. 253 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 52.  LEGISLATIVE ROUTE NO. 254 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 185, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Faribault County to transfer jurisdiction of Legislative Route No. 254 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 53.  LEGISLATIVE ROUTE NO. 277 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 208, is repealed effective June 1, 2019, or the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Chippewa County to transfer jurisdiction of Legislative Route No. 277 and after the commissioner notifies the revisor of statutes under paragraph (b), whichever is later.


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(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 54.  LEGISLATIVE ROUTE NO. 298 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 229, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of the city of Faribault to transfer jurisdiction of Legislative Route No. 298 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 55.  LEGISLATIVE ROUTE NO. 299 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 230, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of the city of Faribault to transfer jurisdiction of Legislative Route No. 299 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 56.  LEGISLATIVE ROUTE NO. 323 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 254, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of the city of Faribault to transfer jurisdiction of Legislative Route No. 323 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 57.  COMMERCIAL DRIVER'S LICENSE FEDERAL REGULATION WAIVER REQUEST.

 

For the sole purpose of authorizing a person to drive a bus with no passengers to deliver the bus to the purchaser, the commissioner of public safety must apply to the Federal Motor Carrier Safety Administration for a waiver from Code of Federal Regulations, title 49, section 383.93, and any other federal rule or regulation that requires a person to have a passenger endorsement.

 

EFFECTIVE DATE.  This section is effective June 1, 2019.

 

Sec. 58.  NORTHSTAR COMMUTER RAIL OPERATING COSTS; EXCEPTION.

 

(a) Minnesota Statutes, section 398A.10, subdivision 2, does not apply for reserve funds available to the Anoka County Regional Railroad Authority as of June 30, 2019, that are used to pay operating and maintenance costs of Northstar Commuter Rail.

 

(b) This section expires on January 1, 2022.


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Sec. 59.  REPEALER.

 

Minnesota Statutes 2018, sections 360.063, subdivision 4; 360.065, subdivision 2; and 360.066, subdivisions 1a and 1b, are repealed.

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2019, and applies to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.  Airport safety zoning ordinances that were approved by the commissioner and effective before August 1, 2019, remain valid until or unless the airport sponsor (1) makes or plans to make changes to runway lengths or configurations, or (2) is required to update airport safety zoning ordinances."

 

Delete the title and insert:

 

"A bill for an act relating to transportation; making miscellaneous policy changes, including but not limited to provisions governing traffic regulations, school bus warning lights, airport zoning, legislative route removals, and memorial highways and bridges; amending Minnesota Statutes 2018, sections 161.115, subdivision 111; 161.14, by adding subdivisions; 161.32, subdivision 2; 169.18, subdivision 7; 169.20, by adding a subdivision; 169.442, subdivision 5, by adding a subdivision; 169.448, subdivision 1; 169.4503, subdivisions 5, 13, by adding a subdivision; 169.55, subdivision 1; 169.57, subdivision 3; 169.64, subdivisions 3, 8, by adding a subdivision; 169.81, by adding a subdivision; 169.8261, subdivision 2; 169.829, subdivision 4; 171.041; 174.12, subdivision 8; 360.013, by adding a subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.024; 360.062; 360.063, subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, subdivision 9, by adding a subdivision; 574.26, subdivision 1a; Laws 2014, chapter 312, article 11, section 38, subdivisions 5, 6; proposing coding for new law in Minnesota Statutes, chapter 360; repealing Minnesota Statutes 2018, sections 360.063, subdivision 4; 360.065, subdivision 2; 360.066, subdivisions 1a, 1b."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1706, A bill for an act relating to natural resources; specifying duties and services of soil and water conservation districts; proposing coding for new law in Minnesota Statutes, chapter 103C.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1781, A bill for an act relating to economic development; modifying use of Minnesota investment fund; requiring a report.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


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Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 2009, A bill for an act relating to health; prohibiting health plan companies and the commissioner of human services from requiring enrollees to follow step therapy protocols for certain metastatic cancers; amending Minnesota Statutes 2018, section 256B.0625, subdivision 13f; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [62Q.1841] PROHIBITION ON USE OF STEP THERAPY FOR METASTATIC CANCER.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following definitions apply.

 

(b) "Health plan" has the meaning given in section 62Q.01, subdivision 3.  Health plan includes health coverage provided by a county-based purchasing plan participating in a public program under chapter 256B or 256L or an integrated health partnership under section 256B.0755.

 

(c) "Stage four advanced metastatic cancer" means cancer that has spread from the primary or original site of the cancer to nearby tissues, lymph nodes, or other parts of the body.

 

(d) "Step therapy protocol" has the meaning given in section 62Q.184, subdivision 1.

 

Subd. 2.  Prohibition on use of step therapy protocols.  A health plan that provides coverage for the treatment of stage four advanced metastatic cancer or associated conditions must not limit or exclude coverage for a drug approved by the United States Food and Drug Administration that is on the health plan's prescription drug formulary by mandating that an enrollee with stage four advanced metastatic cancer or associated conditions follow a step therapy protocol if the use of the approved drug is consistent with:

 

(1) a United States Food and Drug Administration-approved indication; and

 

(2) a clinical practice guideline published by the National Comprehensive Care Network.

 

EFFECTIVE DATE.  This section is effective January 1, 2020, and applies to health plans offered, issued, or renewed on or after that date.

 

Sec. 2.  Minnesota Statutes 2018, section 256B.0625, subdivision 13f, is amended to read:

 

Subd. 13f.  Prior authorization.  (a) The Formulary Committee shall review and recommend drugs which require prior authorization.  The Formulary Committee shall establish general criteria to be used for the prior authorization of brand-name drugs for which generically equivalent drugs are available, but the committee is not required to review each brand-name drug for which a generically equivalent drug is available.

 

(b) Prior authorization may be required by the commissioner before certain formulary drugs are eligible for payment.  The Formulary Committee may recommend drugs for prior authorization directly to the commissioner.  The commissioner may also request that the Formulary Committee review a drug for prior authorization.  Before the commissioner may require prior authorization for a drug:

 

(1) the commissioner must provide information to the Formulary Committee on the impact that placing the drug on prior authorization may have on the quality of patient care and on program costs, information regarding whether the drug is subject to clinical abuse or misuse, and relevant data from the state Medicaid program if such data is available;


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(2) the Formulary Committee must review the drug, taking into account medical and clinical data and the information provided by the commissioner; and

 

(3) the Formulary Committee must hold a public forum and receive public comment for an additional 15 days.

 

The commissioner must provide a 15-day notice period before implementing the prior authorization.

 

(c) Except as provided in subdivision 13j, prior authorization shall not be required or utilized for any atypical antipsychotic drug prescribed for the treatment of mental illness if:

 

(1) there is no generically equivalent drug available; and

 

(2) the drug was initially prescribed for the recipient prior to July 1, 2003; or

 

(3) the drug is part of the recipient's current course of treatment.

 

This paragraph applies to any multistate preferred drug list or supplemental drug rebate program established or administered by the commissioner.  Prior authorization shall automatically be granted for 60 days for brand name drugs prescribed for treatment of mental illness within 60 days of when a generically equivalent drug becomes available, provided that the brand name drug was part of the recipient's course of treatment at the time the generically equivalent drug became available.

 

(d) Prior authorization shall not be required or utilized for any antihemophilic factor drug prescribed for the treatment of hemophilia and blood disorders where there is no generically equivalent drug available if the prior authorization is used in conjunction with any supplemental drug rebate program or multistate preferred drug list established or administered by the commissioner.

 

(e) The commissioner may require prior authorization for brand name drugs whenever a generically equivalent product is available, even if the prescriber specifically indicates "dispense as written-brand necessary" on the prescription as required by section 151.21, subdivision 2.

 

(f) Notwithstanding this subdivision, the commissioner may automatically require prior authorization, for a period not to exceed 180 days, for any drug that is approved by the United States Food and Drug Administration on or after July 1, 2005.  The 180-day period begins no later than the first day that a drug is available for shipment to pharmacies within the state.  The Formulary Committee shall recommend to the commissioner general criteria to be used for the prior authorization of the drugs, but the committee is not required to review each individual drug.  In order to continue prior authorizations for a drug after the 180-day period has expired, the commissioner must follow the provisions of this subdivision.

 

(g) Any step therapy protocol requirements established by the commissioner must comply with section 62Q.1841.

 

EFFECTIVE DATE.  This section is effective January 1, 2020."

 

Delete the title and insert:

 

"A bill for an act relating to health; prohibiting health plan companies and the commissioner of human services from requiring enrollees to follow step therapy protocols for certain metastatic cancers; amending Minnesota Statutes 2018, section 256B.0625, subdivision 13f; proposing coding for new law in Minnesota Statutes, chapter 62Q."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.


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Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 2069, A bill for an act relating to human services; establishing the Community Competency Restoration Task Force; requiring reports; appropriating money.

 

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

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with House Concurrent Resolution No. 1, H. F. No. 2069 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 2401, A bill for an act relating to education finance; modifying general education aid; amending Minnesota Statutes 2018, section 126C.13, subdivision 4.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 2501, A bill for an act relating to local government; permitting city and town expenditures for city and town historical societies; amending Minnesota Statutes 2018, section 138.053.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 2636, A bill for an act relating to port authorities; allowing the Seaway Port Authority of Duluth to conduct meetings by telephone or other electronic means; amending Minnesota Statutes 2018, section 469.074, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 2681, A bill for an act relating to utilities; providing access rights to energy usage data maintained by utilities; amending Minnesota Statutes 2018, section 13.685; proposing coding for new law in Minnesota Statutes, chapter 216B.

 

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

 

      The report was adopted.


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Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 2697, A bill for an act relating to claims against the state; providing for settlement of certain claims; appropriating money.

 

Reported the same back with the following amendments:

 

Page 1, line 15, delete everything after "to" and insert "Ricky Ritchie for permanent injuries to his left little finger sustained while performing assigned duties at Minnesota Correctional Facility - Rush City, $1,875."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 2741, A bill for an act relating to state government; motor vehicles; modifying various provisions governing motor vehicle titling and registration; amending Minnesota Statutes 2018, sections 80E.13; 168.013, subdivisions 1a, 6; 168.27, by adding subdivisions; 168.301, subdivision 3; 168.33, subdivision 8a; 168.346, subdivision 1; 168A.12, subdivision 2; 168A.17, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 168A.

 

Reported the same back with the following amendments:

 

Page 12, delete section 11 and insert:

 

"Sec. 11.  [168A.241] DRIVER AND VEHICLE SERVICES EXECUTIVE STEERING COMMITTEE. 

 

Subdivision 1.  Definition.  For purposes of this section, "committee" means the Driver and Vehicle Services Executive Steering Committee established in this section.

 

Subd. 2.  Establishment; purpose.  A Driver and Vehicle Services Executive Steering Committee is established in the Department of Public Safety.  The purpose of the committee is to provide input within the governance structure for the driver and vehicle services information system on matters relevant to: 

 

(1) effective and efficient systems relating to the licensing of drivers and the ownership, transfer, and registration of motor vehicles;

 

(2) planning and implementing future changes and enhancements to driver and vehicle services information systems; and

 

(3) proposed legislation related to the areas identified in clauses (1) and (2), including but not limited to business processes and distribution of work.

 

Subd. 3.  Members.  (a) The committee consists of:

 

(1) four senior leaders or appointees from the Department of Public Safety Driver and Vehicle Services Division;


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(2) one senior leader or appointee from the Bureau of Criminal Apprehension;

 

(3) two senior leaders or appointees from the Minnesota Automobile Dealers Association;

 

(4) one senior leader or appointee from the Northland Independent Automobile Dealers Association;

 

(5) four senior leaders or appointees from the Minnesota Deputy Registrars Association;

 

(6) two senior leaders or appointees from the Minnesota Deputy Registrar Business Owners Association; and

 

(7) one representative who performs auctions exclusively for dealers licensed under section 168.27 and not for the general public, appointed by the commissioner following consultation with eligible auto auctions.

 

(b) Section 15.059 governs the committee, except that committee members must not receive compensation for serving on the committee.

 

Subd. 4.  Meetings.  (a) The committee must meet at least two times per year.

 

(b) The committee is subject to chapter 13D.  A committee meeting occurs when a quorum is present and the members receive information, discuss, or take action on any matter relating to the committee's duties.  The committee may conduct meetings as provided in section 13D.015 or 13D.02.  The committee may conduct meetings at any location in the state that is appropriate for the purposes of the committee, provided the location is open and accessible to the public.  Enforcement of this paragraph is governed by section 13D.06, subdivisions 1 and 2.

 

Subd. 5.  Staff.  The commissioner must provide support staff, office space, and administrative services for the committee.

 

Subd. 6.  Duties.  The committee's duties include but are not limited to:

 

(1) serving in an advisory capacity to the commissioner of public safety and the director of driver and vehicle services on matters relevant to oversight and accountability of projects within driver and vehicle services that impact the information systems used to issue identification cards and motor vehicle titles and registrations by:

 

(i) creating working groups to encourage participation with stakeholders and driver and vehicle services staff on information system changes used for the issuance of identification cards and motor vehicle titles and registrations; and

 

(ii) reviewing status reports from Independent Verification and Validation services for projects and audits that impact driver and vehicle services information systems; and

 

(2) reviewing and making recommendations with respect to work plans, policy initiatives, major activities, and strategic planning, with regard to the issuance of identification cards and providing motor vehicle title and registration services.

 

Subd. 7.  Report and recommendations.  Before February 15 each year, the commissioner must prepare and submit to the chairs and ranking minority members of the committees of the house of representatives and the senate with jurisdiction over driver and vehicle services a report that summarizes the committee's activities, issues identified by the committee, methods taken to address the issues, and recommendations for legislative action, if needed.


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Subd. 8.  Expiration.  The committee expires June 30, 2026.

 

APPLICATION.  The initial report under subdivision 7 must be submitted before February 15, 2020."

 

 

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

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with House Concurrent Resolution No. 1, H. F. No. 2741 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

      The Speaker assumed the Chair.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 132, 836, 1024, 1127, 1584, 1586, 1623, 1706, 1781, 2009, 2401, 2636 and 2697 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 1339 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Sandstede introduced:

 

H. F. No. 2793, A bill for an act relating to municipal utilities; allowing a utility modification without approval of voters under certain conditions; amending Minnesota Statutes 2018, section 412.321, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Poston introduced:

 

H. F. No. 2794, A bill for an act relating to transportation; requiring a traffic safety study on marked Trunk Highway 210 in Pillager; requiring a report.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.


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Hornstein introduced:

 

H. F. No. 2795, A bill for an act relating to energy; adopting federal appliance and lighting efficiency standards.

 

The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.

 

 

Lillie and O'Neill introduced:

 

H. F. No. 2796, A bill for an act relating to state government; ratifying a labor agreement and a compensation plan.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Green, Poston and Daniels introduced:

 

H. F. No. 2797, A bill for an act relating to arts and culture; appropriating money for grant to the Coalition of Allied Vietnam War Veterans.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Lislegard introduced:

 

H. F. No. 2798, A bill for an act relating to taxation; sustainable forest incentive program; clarifying effective date; amending Laws 2017, First Special Session chapter 1, article 10, section 4.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Heinrich introduced:

 

H. F. No. 2799, A bill for an act relating to natural resources; exempting paddleboards from watercraft licensure requirements; amending Minnesota Statutes 2018, sections 86B.005, subdivision 18; 86B.415, subdivision 1a.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

 

 

Davids introduced:

 

H. F. No. 2800, A bill for an act relating to taxation; solid waste management; providing a collection allowance for waste management service providers; amending Minnesota Statutes 2018, sections 289A.20, subdivision 4; 297H.08; proposing coding for new law in Minnesota Statutes, chapter 297H.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Sandstede, Sundin and Ecklund introduced:

 

H. F. No. 2801, A bill for an act relating to capital investment; appropriating money for capital improvements to the Chisholm Sports Arena and Curling Club; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


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O'Neill, Poston, Grossell, Robbins, Johnson and Nash introduced:

 

H. F. No. 2802, A bill for an act relating to public safety; establishing the crime of organized retail theft; proposing coding for new law in Minnesota Statutes, chapter 609.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Urdahl introduced:

 

H. F. No. 2803, A bill for an act relating to capital investment; appropriating money for athletic facilities at the Dassel-Cokato school district; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Olson, Becker-Finn and Christensen introduced:

 

H. F. No. 2804, A bill for an act relating to human services; providing payment to child care providers for emergency closures; clarifying requirements for tracking absences; amending Minnesota Statutes 2018, section 119B.13, subdivision 7.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Wazlawik and Runbeck introduced:

 

H. F. No. 2805, A bill for an act relating to transportation; capital investment; appropriating money for County Road J interchange improvements at Interstate Highway 35E; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Long, Dehn and Pinto introduced:

 

H. F. No. 2806, A bill for an act relating to corrections; establishing a Clemency Review Commission; modifying Board of Pardons procedures; making clarifying changes; amending Minnesota Statutes 2018, sections 638.01; 638.02, subdivisions 1, 2; 638.04; 638.06; 638.07; 638.075; 638.08.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Gomez, Hornstein, Wolgamott, Lee, Cantrell, Lesch and Xiong, J., introduced:

 

H. F. No. 2807, A bill for an act relating to public safety; reclassifying marijuana and nonsynthetic THC from a Schedule I to a Schedule II controlled substance; modifying the definition of a small amount of marijuana; prohibiting the weight of fluids used in water pipes from being used to determine the weight of marijuana mixtures; authorizing expungement of records in certain instances; amending Minnesota Statutes 2018, sections 152.01, subdivisions 9a, 16, 23; 152.02, subdivisions 2, 3; 152.021, subdivision 2; 152.022, subdivision 2; 152.023, subdivision 2; 152.11, by adding a subdivision; 152.12, by adding a subdivision; 152.125, subdivision 3; 152.126, subdivision 1; 152.18, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


Journal of the House - 31st Day - Wednesday, April 3, 2019 - Top of Page 1836

Elkins introduced:

 

H. F. No. 2808, A bill for an act relating to state government; establishing a Website Accessibility Grant Advisory Council; appropriating money for grants to cities and counties to improve website accessibility; proposing coding for new law in Minnesota Statutes, chapter 16B.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Youakim introduced:

 

H. F. No. 2809, A bill for an act relating to metropolitan government; providing for additional financing of metropolitan area transit and paratransit capital expenditures; authorizing the issuance of certain obligations; amending Minnesota Statutes 2018, section 473.39, subdivision 6, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

REPORTS FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Thursday, April 4, 2019 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. Nos. 131 and 584; and H. F. Nos. 1997 and 554.

 

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bill to be placed on the Calendar for the Day for Friday, April 5, 2019 and established a prefiling requirement for amendments offered to the following bill:

 

      H. F. No. 1500.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Carlson, A., moved that the name of Kotyza-Witthuhn be added as an author on H. F. No. 28.  The motion prevailed.

 

      Jurgens moved that the name of Bahner be added as an author on H. F. No. 55.  The motion prevailed.

 

      Grossell moved that the name of Edelson be added as an author on H. F. No. 89.  The motion prevailed.

 

      Schultz moved that the names of Bierman, Loeffler and Sandstede be added as authors on H. F. No. 90.  The motion prevailed.


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           Bahner moved that the name of Sandstede be added as an author on H. F. No. 149.  The motion prevailed.

 

      Zerwas moved that the names of Edelson and Masin be added as authors on H. F. No. 190.  The motion prevailed.

 

      Mann moved that her name be stricken as an author on H. F. No. 196.  The motion prevailed.

 

      Mann moved that the name of Christensen be added as an author on H. F. No. 350.  The motion prevailed.

 

      Morrison moved that the name of Bierman be added as an author on H. F. No. 440.  The motion prevailed.

 

      Howard moved that the name of Sandstede be added as an author on H. F. No. 485.  The motion prevailed.

 

      Sandstede moved that the name of Layman be added as an author on H. F. No. 663.  The motion prevailed.

 

      Bahner moved that the name of Sandstede be added as an author on H. F. No. 687.  The motion prevailed.

 

      Mariani moved that the name of Munson be added as an author on H. F. No. 717.  The motion prevailed.

 

      Mariani moved that the name of Becker-Finn be added as an author on H. F. No. 739.  The motion prevailed.

 

      Morrison moved that the name of Bierman be added as an author on H. F. No. 742.  The motion prevailed.

 

      Bahner moved that the name of Sandstede be added as an author on H. F. No. 743.  The motion prevailed.

 

      Sauke moved that the name of Kotyza-Witthuhn be added as an author on H. F. No. 751.  The motion prevailed.

 

      Loeffler moved that the name of Bierman be added as an author on H. F. No. 763.  The motion prevailed.

 

      Edelson moved that the name of Loeffler be added as an author on H. F. No. 766.  The motion prevailed.

 

      Kunesh-Podein moved that the name of Sandstede be added as an author on H. F. No. 799.  The motion prevailed.

 

      Lippert moved that the name of Bahner be added as an author on H. F. No. 811.  The motion prevailed.

 

      Acomb moved that the name of Christensen be added as an author on H. F. No. 815.  The motion prevailed.

 

      Huot moved that the name of Nornes be added as an author on H. F. No. 839.  The motion prevailed.

 

      Gomez moved that the name of Long be added as an author on H. F. No. 980.  The motion prevailed.

 

      Cantrell moved that the name of Bahner be added as an author on H. F. No. 1049.  The motion prevailed.

 

      Halverson moved that the name of Christensen be added as an author on H. F. No. 1058.  The motion prevailed.

 

      Hausman moved that the name of Sandstede be added as an author on H. F. No. 1151.  The motion prevailed.

 

      Morrison moved that the name of Sandstede be added as an author on H. F. No. 1246.  The motion prevailed.


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           Baker moved that the name of Marquart be added as an author on H. F. No. 1247.  The motion prevailed.

 

      Fischer moved that the name of Dehn be added as an author on H. F. No. 1327.  The motion prevailed.

 

      Hornstein moved that the name of Loeffler be added as an author on H. F. No. 1388.  The motion prevailed.

 

      Torkelson moved that the name of Dettmer be added as an author on H. F. No. 1430.  The motion prevailed.

 

      Tabke moved that the name of Bahner be added as an author on H. F. No. 1447.  The motion prevailed.

 

      Edelson moved that the name of Bahner be added as an author on H. F. No. 1496.  The motion prevailed.

 

      Fischer moved that the name of Lien be added as an author on H. F. No. 1624.  The motion prevailed.

 

      Pryor moved that the name of Sandstede be added as an author on H. F. No. 1668.  The motion prevailed.

 

      Cantrell moved that the name of Sandstede be added as an author on H. F. No. 1805.  The motion prevailed.

 

      Long moved that the name of Bierman be added as an author on H. F. No. 1956.  The motion prevailed.

 

      Lesch moved that the name of Davids be added as an author on H. F. No. 1971.  The motion prevailed.

 

      Pryor moved that the name of Edelson be added as an author on H. F. No. 2046.  The motion prevailed.

 

      Liebling moved that the name of Loeffler be added as an author on H. F. No. 2094.  The motion prevailed.

 

      Nelson, M., moved that the name of Loeffler be added as an author on H. F. No. 2122.  The motion prevailed.

 

      Wazlawik moved that the name of Masin be added as an author on H. F. No. 2276.  The motion prevailed.

 

      Liebling moved that the name of Loeffler be added as an author on H. F. No. 2414.  The motion prevailed.

 

      Pierson moved that the names of Lillie and Bahner be added as authors on H. F. No. 2500.  The motion prevailed.

 

      Gomez moved that the name of Loeffler be added as an author on H. F. No. 2557.  The motion prevailed.

 

      Halverson moved that the name of Bierman be added as an author on H. F. No. 2571.  The motion prevailed.

 

      Morrison moved that the name of Cantrell be added as an author on H. F. No. 2581.  The motion prevailed.

 

      Sundin moved that the name of Bahner be added as an author on H. F. No. 2687.  The motion prevailed.

 

      Dehn moved that the name of Hansen be added as an author on H. F. No. 2701.  The motion prevailed.

 

      Robbins moved that the name of Neu be added as an author on H. F. No. 2713.  The motion prevailed.

 

      Franson moved that the name of Nelson, N., be added as an author on H. F. No. 2732.  The motion prevailed.


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           Gomez moved that the name of Loeffler be added as an author on H. F. No. 2753.  The motion prevailed.

 

      Sandell moved that the name of Loeffler be added as an author on H. F. No. 2756.  The motion prevailed.

 

      Pinto moved that the name of Miller be added as an author on H. F. No. 2785.  The motion prevailed.

 

      Morrison moved that the name of Pryor be added as an author on H. F. No. 2789.  The motion prevailed.

 

      Albright moved that H. F. No. 4 be recalled from the Committee on Ways and Means and be re-referred to the State Government Finance Division.  The motion did not prevail.

 

      Albright moved that H. F. No. 6 be recalled from the Committee on Ways and Means and be re-referred to the State Government Finance Division.  The motion did not prevail.

 

 

MOTION TO FIX TIME TO CONVENE

 

      Winkler moved that when the House adjourns today it adjourn until 3:30 p.m., Thursday, April 4, 2019.  The motion prevailed.

 

 

      Winkler moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

      Quam and Schultz were excused for the remainder of today's session.

 

 

      The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.

 

 

JOINT CONVENTION

 

      The Speaker of the House as President of the Joint Convention called the Joint Convention to order.

 

      Prayer was offered by Bishop Patricia Lull, ELCA, St. Paul Area Synod; Imam Asad Zaman, Executive Director, Muslim American Society of Minnesota; and Rabbi Marcia Zimmerman, Temple Israel, Minneapolis, Minnesota.


Journal of the House - 31st Day - Wednesday, April 3, 2019 - Top of Page 1840

           The roll being called the following Senators answered to their names:  Abeler; Anderson, B., and Anderson, P.

 

      Senator Gazelka moved that further proceedings of the roll call be dispensed with.  The motion prevailed and a quorum was declared present.

 

 

      The Sergeant at Arms announced the arrival of the Honorable Lorie Skjerven Gildea, Chief Justice of the Supreme Court, and the Honorable Associate Justices of the Supreme Court, plus the Honorable Edward J. Cleary, Chief Judge of the Court of Appeals of the State of Minnesota.  They were escorted to the seats reserved for them near the rostrum.

 

 

      The Sergeant at Arms announced the arrival of the Constitutional Officers of the State of Minnesota:  Steve Simon, Secretary of State; Julie Blaha, State Auditor; and Keith Ellison, Attorney General.  The Constitutional Officers were escorted to the seats reserved for them.

 

 

      The Sergeant at Arms announced the arrival of the Honorable Mark Dayton, former Governor of the State of Minnesota.  The former Governor was escorted to the seat reserved for him.

 

 

      The Sergeant at Arms announced the arrival of the Honorable Peggy Flanagan, Lieutenant Governor of the State of Minnesota.  The Lieutenant Governor was escorted to the seat reserved for her at the rostrum.

 

 

      The Sergeant at Arms announced the arrival of the Honorable Tim Walz, Governor of the State of Minnesota, and his official party.  The Governor was escorted to the rostrum by the appointed committees.

 

 

ADDRESS BY THE GOVERNOR

 

      As President of the Joint Convention, the Honorable Melissa Hortman presented the Honorable Tim Walz, Governor of the State of Minnesota, to deliver his "State of the State Address" to the members of the Joint Convention and their guests.

 

 

      Following the address, Senator Gazelka moved that the Joint Convention adjourn.  The motion prevailed and the President declared the Joint Convention adjourned.

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

ADJOURNMENT

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Thursday, April 4, 2019.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives