SF 1089

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; authorizing billing for 
  1.3             highway sign program and establishing special account; 
  1.4             modifying eligibility criteria for certain business 
  1.5             signs; modifying provisions relating to state-aid 
  1.6             highways and streets, traffic signals, and railroads 
  1.7             in quiet zones; removing expiration for commuter rail 
  1.8             corridor coordinating committee; appropriating money; 
  1.9             amending Minnesota Statutes 2004, sections 160.80, 
  1.10            subdivision 1a; 162.02, subdivisions 2, 3a; 162.06, 
  1.11            subdivision 2; 162.09, subdivisions 2, 3a; 162.14, 
  1.12            subdivision 6; 169.06, subdivisions 5, 6; 169.28, 
  1.13            subdivision 2; 174.86, subdivision 5; 219.166; 
  1.14            219.567; proposing coding for new law in Minnesota 
  1.15            Statutes, chapters 160; 162. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [160.298] [HIGHWAY SIGN PROGRAM; BILLING, 
  1.18  ACCOUNT, APPROPRIATION.] 
  1.19     The commissioner of transportation may bill highway 
  1.20  operations units of the department and local road authorities 
  1.21  for the costs of a centrally managed highway sign program.  
  1.22  These costs may include equipment acquisition and rental, labor, 
  1.23  materials, and other costs as determined by the commissioner.  
  1.24  Receipts must be credited to a special account, which is 
  1.25  established in the trunk highway fund, and are appropriated to 
  1.26  the commissioner to pay the costs for which the billings are 
  1.27  made.  Amounts credited to the account are exempt from statewide 
  1.28  and agency indirect costs payments. 
  1.29     Sec. 2.  Minnesota Statutes 2004, section 160.80, 
  1.30  subdivision 1a, is amended to read: 
  2.1      Subd. 1a.  [ELIGIBILITY CRITERIA FOR BUSINESS PANELS.] (a) 
  2.2   To be eligible for a business panel on a logo sign panel, a 
  2.3   business establishment must: 
  2.4      (1) be open for business; 
  2.5      (2) have a sign on site that both identifies the business 
  2.6   and is visible to motorists; 
  2.7      (3) be open to everyone, regardless of race, religion, 
  2.8   color, age, sex, national origin, creed, marital status, sexual 
  2.9   orientation, or disability; 
  2.10     (4) not impose a cover charge or otherwise require 
  2.11  customers to purchase additional products or services; and 
  2.12     (5) meet the appropriate criteria in paragraphs (b) to (e). 
  2.13     (b) Gas businesses must provide vehicle services including 
  2.14  fuel and oil; restroom facilities and drinking water; 
  2.15  continuous, staffed operation at least 12 hours a day, seven 
  2.16  days a week; and public access to a telephone. 
  2.17     (c) Food businesses must serve at least two meals a day 
  2.18  during normal mealtimes of breakfast, lunch, and dinner; provide 
  2.19  a continuous, staffed food service operation at least ten hours 
  2.20  a day, seven days a week except holidays as defined in section 
  2.21  645.44, subdivision 5, and except as provided for seasonal food 
  2.22  service businesses; provide seating capacity for at least 20 
  2.23  people; serve meals prepared on the premises; and possess any 
  2.24  required state or local licensing or approval.  Reheated, 
  2.25  prepackaged, ready-to-eat food is not "food prepared on the 
  2.26  premises."  Seasonal food service businesses must provide a 
  2.27  continuous, staffed food service operation at least ten hours a 
  2.28  day, seven days a week, during their months of operation. 
  2.29     (d) Lodging businesses must include sleeping 
  2.30  accommodations, provide public access to a telephone, and 
  2.31  possess any required state or local licensing or approval. 
  2.32     (e) Camping businesses must include sites for camping, 
  2.33  include parking accommodations for each campsite, provide 
  2.34  sanitary facilities and drinking water, and possess any required 
  2.35  state or local licensing or approval. 
  2.36     (f) Businesses that do not meet the appropriate criteria in 
  3.1   paragraphs (b) to (e) but that have a signed lease as of January 
  3.2   1, 1998, may retain the business panel until December 31, 2005, 
  3.3   or until they withdraw from the program, whichever occurs first, 
  3.4   provided they continue to meet the criteria in effect in the 
  3.5   department's contract with the logo sign vendor on August 1, 
  3.6   1995.  After December 31, 2005, or after withdrawing from the 
  3.7   program, a business must meet the appropriate criteria in 
  3.8   paragraphs (a) to (e) to qualify for a business panel. 
  3.9      (g) Seasonal businesses must indicate to motorists when 
  3.10  they are open for business by either putting the full months of 
  3.11  operation directly on the business panel or by having a "closed" 
  3.12  plaque applied to the business panel when the business is closed 
  3.13  for the season. 
  3.14     (h) The maximum distance that an eligible business in 
  3.15  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 
  3.16  county can be located from the interchange is:  for gas 
  3.17  businesses, one mile; for food businesses, two miles; for 
  3.18  lodging businesses, three miles; and for camping businesses, ten 
  3.19  miles. 
  3.20     (i) The maximum distance that an eligible business in any 
  3.21  other county can be located from the interchange shall not 
  3.22  exceed 15 miles in either direction. 
  3.23     (j) Logo sign panels must be erected so that motorists 
  3.24  approaching an interchange view the panels in the following 
  3.25  order:  camping, lodging, food, gas. 
  3.26     (k) If there is insufficient space on a logo sign panel to 
  3.27  display all eligible businesses for a specific type of service, 
  3.28  the businesses closest to the interchange have priority over 
  3.29  businesses farther away from the interchange. 
  3.30     Sec. 3.  Minnesota Statutes 2004, section 162.02, 
  3.31  subdivision 2, is amended to read: 
  3.32     Subd. 2.  [RULES; ADVISORY COMMITTEE.] (a) The rules shall 
  3.33  be made and promulgated by the commissioner acting with the 
  3.34  advice of a committee which shall be selected by the several 
  3.35  county boards acting through the officers of the statewide 
  3.36  association of county commissioners.  The committee shall be 
  4.1   composed of nine members so selected that each member shall be 
  4.2   from a different state highway construction district.  Not more 
  4.3   than five of the nine members of the committee shall be county 
  4.4   commissioners.  The remaining members shall be county highway 
  4.5   engineers.  In the event that agreement cannot be reached on any 
  4.6   rule, the commissioner's determination shall be final.  The 
  4.7   rules shall be printed and copies thereof shall be forwarded to 
  4.8   the county engineers of the several counties.  For the purposes 
  4.9   of this section, the expedited process for adopting rules 
  4.10  established in section 14.389 may be used. 
  4.11     (b) Notwithstanding section 15.059, subdivision 5, the 
  4.12  committee does not expire. 
  4.13     Sec. 4.  Minnesota Statutes 2004, section 162.02, 
  4.14  subdivision 3a, is amended to read: 
  4.15     Subd. 3a.  [VARIANCES FROM RULES AND ENGINEERING 
  4.16  STANDARDS.] The commissioner may grant variances from the rules 
  4.17  and from the engineering standards developed pursuant to section 
  4.18  162.021 or 162.07, subdivision 2.  A political subdivision in 
  4.19  which a county state-aid highway is located or is proposed to be 
  4.20  located may submit a written request to the commissioner for a 
  4.21  variance for that highway.  The commissioner shall publish 
  4.22  notice of the request in the State Register and give notice to 
  4.23  all persons known to the commissioner to have an interest in the 
  4.24  matter.  The commissioner may grant or deny the variance within 
  4.25  30 days of providing notice of the request.  If a written 
  4.26  objection to the request is received within 20 seven days of 
  4.27  providing notice, the variance shall be granted or denied only 
  4.28  after a contested case hearing has been held on the request.  If 
  4.29  no timely objection is received and the variance is denied 
  4.30  without hearing, the political subdivision may request, within 
  4.31  30 days of receiving notice of denial, and shall be granted a 
  4.32  contested case hearing.  For purposes of this subdivision, 
  4.33  "political subdivision" includes (1) an agency of a political 
  4.34  subdivision which has jurisdiction over parks, and (2) a 
  4.35  regional park authority. 
  4.36     Sec. 5.  Minnesota Statutes 2004, section 162.06, 
  5.1   subdivision 2, is amended to read: 
  5.2      Subd. 2.  [ADMINISTRATIVE COSTS OF DEPARTMENT.] A sum of 
  5.3   1-1/2 Two percent shall must be deducted from the total amount 
  5.4   available in the county state-aid highway fund, set aside in a 
  5.5   separate account, and used for administrative costs incurred by 
  5.6   the state Transportation Department in carrying out the 
  5.7   provisions relating to the county state-aid highway system.  
  5.8      Sec. 6.  Minnesota Statutes 2004, section 162.09, 
  5.9   subdivision 2, is amended to read: 
  5.10     Subd. 2.  [RULES; ADVISORY COMMITTEE.] (a) The rules shall 
  5.11  be made and promulgated by the commissioner acting with the 
  5.12  advice of a committee which shall be selected by the governing 
  5.13  bodies of such cities, acting through the officers of the 
  5.14  statewide association of municipal officials.  The committee 
  5.15  shall be composed of 12 members, so selected that there shall be 
  5.16  one member from each state highway construction district and in 
  5.17  addition one member from each city of the first class.  Not more 
  5.18  than six members of the committee shall be elected officials of 
  5.19  the cities.  The remaining members of the committee shall be 
  5.20  city engineers.  In the event that agreement cannot be reached 
  5.21  on any rule the commissioner's determination shall be final.  
  5.22  The rules shall be printed and copies thereof shall be forwarded 
  5.23  to the clerks and engineers of the cities.  For the purposes of 
  5.24  this section, the expedited process for adopting rules 
  5.25  established in section 14.389 may be used. 
  5.26     (b) Notwithstanding section 15.059, subdivision 5, the 
  5.27  committee does not expire. 
  5.28     Sec. 7.  Minnesota Statutes 2004, section 162.09, 
  5.29  subdivision 3a, is amended to read: 
  5.30     Subd. 3a.  [VARIANCES FROM RULES AND ENGINEERING 
  5.31  STANDARDS.] The commissioner may grant variances from the rules 
  5.32  and from the engineering standards developed pursuant to section 
  5.33  162.13, subdivision 2.  A political subdivision in which a 
  5.34  municipal state-aid street is located or is proposed to be 
  5.35  located may submit a written request to the commissioner for a 
  5.36  variance for that street.  The commissioner shall publish notice 
  6.1   of the request in the State Register and give notice to all 
  6.2   persons known to the commissioner to have an interest in the 
  6.3   matter.  The commissioner may grant or deny the variance within 
  6.4   30 days of providing notice of the request.  If a written 
  6.5   objection to the request is received within 20 seven days of 
  6.6   providing notice, the variance shall be granted or denied only 
  6.7   after a contested case hearing has been held on the request.  If 
  6.8   no timely objection is received and the variance is denied 
  6.9   without hearing, the political subdivision may request, within 
  6.10  30 days of receiving notice of denial, and shall be granted a 
  6.11  contested case hearing.  For purposes of this subdivision, 
  6.12  "political subdivision" includes (1) an agency of a political 
  6.13  subdivision which has jurisdiction over parks, and (2) a 
  6.14  regional park authority. 
  6.15     Sec. 8.  Minnesota Statutes 2004, section 162.14, 
  6.16  subdivision 6, is amended to read: 
  6.17     Subd. 6.  [ADVANCES.] Any such city may make advances from 
  6.18  any funds available to it for the purpose of expediting the 
  6.19  construction, reconstruction, improvement, or maintenance of its 
  6.20  municipal state-aid street system; provided that such advances 
  6.21  shall not exceed the city's total estimated apportionment for 
  6.22  the three years following the year the advance is made.  
  6.23  Advances made by any such city shall be repaid out of subsequent 
  6.24  apportionments made to such city in accordance with the 
  6.25  commissioner's rules. 
  6.26     Sec. 9.  [162.031] [CONSTRUCTION ACROSS ANOTHER COUNTY OR 
  6.27  STATE.] 
  6.28     When a county state-aid highway route is so located that in 
  6.29  order to achieve the designated objectives the commissioner 
  6.30  determines that it is necessary to construct the highway across 
  6.31  a portion of another county or state, the county initiating the 
  6.32  construction is authorized to spend county state-aid highway 
  6.33  funds for that purpose in the same manner as other expenditures 
  6.34  for county state-aid highway purposes are made.  No part of that 
  6.35  highway may be constructed in another county until both counties 
  6.36  approve the construction. 
  7.1      Sec. 10.  [162.091] [CONSTRUCTION ACROSS ANOTHER 
  7.2   MUNICIPALITY OR STATE.] 
  7.3      When a municipal state-aid street route is so located that 
  7.4   in order to achieve the designated objectives the commissioner 
  7.5   determines that it is necessary to construct the street across a 
  7.6   portion of another municipality or state, the municipality 
  7.7   initiating the construction is authorized to spend municipal 
  7.8   state-aid street funds for that purpose in the same manner as 
  7.9   other expenditures for municipal state-aid street purposes are 
  7.10  made.  No part of that street may be constructed in another 
  7.11  municipality until both municipalities approve the construction. 
  7.12     Sec. 11.  Minnesota Statutes 2004, section 169.06, 
  7.13  subdivision 5, is amended to read: 
  7.14     Subd. 5.  [TRAFFIC-CONTROL SIGNAL.] (a) Whenever traffic is 
  7.15  controlled by traffic-control signals exhibiting different 
  7.16  colored lights, or colored lighted arrows, successively one at a 
  7.17  time or in combination, only the colors Green, Red, and Yellow 
  7.18  shall be used, except for special pedestrian signals carrying a 
  7.19  word or legend, and said.  The traffic-control signal lights 
  7.20  shall or colored lighted arrows indicate and apply to drivers of 
  7.21  vehicles and pedestrians as follows: 
  7.22     (1) Green indication: 
  7.23     (i) Vehicular traffic facing a circular green signal may 
  7.24  proceed straight through or turn right or left unless a sign at 
  7.25  such place prohibits either such turn.  But vehicular traffic, 
  7.26  including vehicles turning right or left, shall yield the 
  7.27  right-of-way to other vehicles and to pedestrians lawfully 
  7.28  within the intersection or adjacent crosswalk at the time such 
  7.29  this signal is exhibited.  
  7.30     (ii) Vehicular traffic facing a green arrow signal, shown 
  7.31  alone or in combination with another indication, may cautiously 
  7.32  enter the intersection only to make the movement indicated by 
  7.33  such the arrow, or such other movement as is permitted by other 
  7.34  indications shown at the same time.  Such vehicular traffic 
  7.35  shall yield the right-of-way to pedestrians lawfully within an 
  7.36  adjacent crosswalk and to other traffic lawfully using the 
  8.1   intersection.  
  8.2      (iii) Unless otherwise directed by a pedestrian-control 
  8.3   signal as provided in subdivision 6, pedestrians facing any 
  8.4   green signal, except when the sole green signal is a turn arrow, 
  8.5   may proceed across the roadway within any marked or unmarked 
  8.6   crosswalk.  Every driver of a vehicle shall yield the 
  8.7   right-of-way to such pedestrian, except that the pedestrian 
  8.8   shall yield the right-of-way to vehicles lawfully within the 
  8.9   intersection at the time that the green signal indication is 
  8.10  first shown. 
  8.11     (2) Steady yellow indication: 
  8.12     (i) Vehicular traffic facing a circular yellow signal is 
  8.13  thereby warned that the related green movement is being 
  8.14  terminated or that a red indication will be exhibited 
  8.15  immediately thereafter when vehicular traffic shall must not 
  8.16  enter the intersection, except for the continued movement 
  8.17  allowed by any green arrow indication simultaneously exhibited.  
  8.18     (ii) Pedestrians facing a circular yellow signal, unless 
  8.19  otherwise directed by a pedestrian-control signal as provided in 
  8.20  subdivision 6, are thereby advised that there is insufficient 
  8.21  time to cross the roadway before a red indication is shown and 
  8.22  no pedestrian shall then start to cross the roadway.  
  8.23     (iii) Vehicular traffic facing a steady yellow arrow signal 
  8.24  is thereby warned that the protected vehicular movement 
  8.25  permitted by the corresponding prior green arrow indication is 
  8.26  being terminated.  
  8.27     (3) Steady red indication: 
  8.28     (i) Vehicular traffic facing a circular red signal alone 
  8.29  shall must stop at a clearly marked stop line, but, if none, 
  8.30  before entering the crosswalk on the near side of the 
  8.31  intersection, or, if none, then before entering the intersection 
  8.32  and shall remain standing until a green indication is shown, 
  8.33  except as follows:  (A) the driver of a vehicle which is stopped 
  8.34  as close as practicable at the entrance to the crosswalk on the 
  8.35  near side of the intersection or, if none, then at the entrance 
  8.36  to the intersection in obedience to a red or stop signal, and 
  9.1   with the intention of making a right turn may make such the 
  9.2   right turn, after stopping, unless an official sign has been 
  9.3   erected prohibiting such movement, but shall yield the 
  9.4   right-of-way to pedestrians and other traffic lawfully 
  9.5   proceeding as directed by the signal at said that intersection; 
  9.6   or (B) the driver of a vehicle on a one-way street which 
  9.7   intersects intersecting another one-way street on which traffic 
  9.8   moves to the left shall stop in obedience to a red or stop 
  9.9   signal and may then make a left turn into said the one-way 
  9.10  street, unless an official sign has been erected prohibiting the 
  9.11  movement, but shall yield the right-of-way to pedestrians and 
  9.12  other traffic lawfully proceeding as directed by the signal at 
  9.13  said that intersection.  
  9.14     (ii) Unless otherwise directed by a pedestrian-control 
  9.15  signal as provided in subdivision 6, pedestrians facing a steady 
  9.16  red signal alone shall not enter the roadway.  
  9.17     (iii) Vehicular traffic facing a steady red arrow signal, 
  9.18  with the intention of making a movement indicated by the arrow, 
  9.19  shall must stop at a clearly marked stop line, but, if none, 
  9.20  before entering the crosswalk on the near side of the 
  9.21  intersection, or, if none, then before entering the intersection 
  9.22  and shall must remain standing until a permissive signal 
  9.23  indication permitting the movement indicated by the red arrow is 
  9.24  displayed, except as follows:  when an official sign has been 
  9.25  erected permitting a turn on a red arrow signal, the vehicular 
  9.26  traffic facing a red arrow signal indication is permitted to 
  9.27  enter the intersection to turn right, or to turn left from a 
  9.28  one-way street into a one-way street on which traffic moves to 
  9.29  the left, after stopping, but must yield the right-of-way to 
  9.30  pedestrians and other traffic lawfully proceeding as directed by 
  9.31  the signal at that intersection.  
  9.32     (b) In the event an official traffic-control signal is 
  9.33  erected and maintained at a place other than an intersection, 
  9.34  the provisions of this section are applicable except those which 
  9.35  can have no application.  Any stop required shall must be made 
  9.36  at a sign or marking on the pavement indicating where the 
 10.1   stop shall must be made, but in the absence of any such sign or 
 10.2   marking the stop shall must be made at the signal. 
 10.3      (c) When a traffic-control signal indication or indications 
 10.4   placed to control a certain movement or lane are so identified 
 10.5   by placing a sign near the indication or indications, no other 
 10.6   traffic-control signal indication or indications within the 
 10.7   intersection shall control controls vehicular traffic for 
 10.8   such that movement or lane. 
 10.9      Sec. 12.  Minnesota Statutes 2004, section 169.06, 
 10.10  subdivision 6, is amended to read: 
 10.11     Subd. 6.  [PEDESTRIAN CONTROL SIGNAL.] (a) Whenever special 
 10.12  pedestrian-control signals exhibiting the words "Walk" or "Don't 
 10.13  Walk" or symbols of a "walking person" or "upraised hand" are in 
 10.14  place such, the signals shall or symbols indicate as follows: 
 10.15     (1) A steady "Walk," flashing or steady.  Pedestrians 
 10.16  signal or the symbol of a "walking person" indicates that a 
 10.17  pedestrian facing such either of these signals may proceed 
 10.18  across the roadway in the direction of the signal, possibly in 
 10.19  conflict with turning vehicles.  Every driver of a vehicle shall 
 10.20  yield the right-of-way to such pedestrian except that the 
 10.21  pedestrian shall yield the right-of-way to vehicles lawfully 
 10.22  within the intersection at the time that either signal 
 10.23  indication is first shown. 
 10.24     (2) A "Don't Walk," signal or the symbol of an "upraised 
 10.25  hand," flashing or steady.  No, indicates that a pedestrian 
 10.26  shall not start to cross the roadway in the direction of such 
 10.27  signals either signal, but any pedestrian who has partially 
 10.28  crossed on the "Walk" or "walking person" signal indication 
 10.29  shall proceed to a sidewalk or safety island while the "Don't 
 10.30  Walk" signal is showing. 
 10.31     (b) A pedestrian crossing a roadway in conformity with this 
 10.32  section is lawfully within the intersection and, when in a 
 10.33  crosswalk, is lawfully within the crosswalk. 
 10.34     Sec. 13.  Minnesota Statutes 2004, section 169.28, 
 10.35  subdivision 2, is amended to read: 
 10.36     Subd. 2.  [EXEMPT CROSSING.] (a) The commissioner may 
 11.1   designate a crossing as an exempt crossing if the crossing is: 
 11.2      (1) if the crossing is on a rail line on which service has 
 11.3   been abandoned; or 
 11.4      (2) if the crossing is on a rail line that carries fewer 
 11.5   than five trains each year, traveling at speeds of ten miles per 
 11.6   hour or less; or 
 11.7      (3) as agreed to by the operating railroad and the 
 11.8   Department of Transportation, following a diagnostic review of 
 11.9   the crossing. 
 11.10     (b) The commissioner shall direct the railroad to erect at 
 11.11  the crossing signs bearing the word "Exempt" that conform to 
 11.12  section 169.06.  The installation or presence of an exempt sign 
 11.13  does not relieve a driver of the duty to use due care.  A train 
 11.14  must not proceed across an exempt crossing unless a police 
 11.15  officer is present to direct traffic or a railroad employee is 
 11.16  on the ground to warn traffic until the train enters the 
 11.17  crossing. 
 11.18     (c) A vehicle that must stop at grade crossings under 
 11.19  subdivision 1 is not required to stop at a marked exempt 
 11.20  crossing unless directed otherwise by a police officer or a 
 11.21  railroad employee. 
 11.22     Sec. 14.  Minnesota Statutes 2004, section 174.86, 
 11.23  subdivision 5, is amended to read: 
 11.24     Subd. 5.  [COMMUTER RAIL CORRIDOR COORDINATING COMMITTEE.] 
 11.25  (a) A Commuter Rail Corridor Coordinating Committee shall be 
 11.26  established to advise the commissioner on issues relating to the 
 11.27  alternatives analysis, environmental review, advanced corridor 
 11.28  planning, preliminary engineering, final design, implementation 
 11.29  method, construction of commuter rail, public involvement, land 
 11.30  use, service, and safety.  The Commuter Rail Corridor 
 11.31  Coordinating Committee shall consist of: 
 11.32     (1) one member representing each significant funding 
 11.33  partner in whose jurisdiction the line or lines are located; 
 11.34     (2) one member appointed by each county in which the 
 11.35  corridors are located; 
 11.36     (3) one member appointed by each city in which advanced 
 12.1   corridor plans indicate that a station may be located; 
 12.2      (4) two members appointed by the commissioner, one of whom 
 12.3   shall be designated by the commissioner as the chair of the 
 12.4   committee; 
 12.5      (5) one member appointed by each metropolitan planning 
 12.6   organization through which the commuter rail line may pass; and 
 12.7      (6) one member appointed by the president of the University 
 12.8   of Minnesota, if a designated corridor provides direct service 
 12.9   to the university. 
 12.10     (b) A joint powers board existing on April 1, 1999, 
 12.11  consisting of local governments along a commuter rail corridor, 
 12.12  shall perform the functions set forth in paragraph (a) in place 
 12.13  of the committee. 
 12.14     (c) Notwithstanding section 15.059, subdivision 5, the 
 12.15  committee does not expire. 
 12.16     [EFFECTIVE DATE.] This section is effective retroactively 
 12.17  from June 30, 2003.  All actions taken in reliance on Minnesota 
 12.18  Statutes, section 15.059 or 174.86 are ratified by the enactment 
 12.19  of this section. 
 12.20     Sec. 15.  Minnesota Statutes 2004, section 219.166, is 
 12.21  amended to read: 
 12.22     219.166 [ESTABLISHMENT OF QUIET ZONES.] 
 12.23     A county, statutory or home rule charter city, or town may 
 12.24  by ordinance establish a defined apply to the Federal Railroad 
 12.25  Administration for the establishment of a "quiet zone" in which 
 12.26  the sounding of horns, whistles, or other audible warnings by 
 12.27  locomotives is regulated or prohibited.  A quiet zone 
 12.28  established under this section must consist of at least one-half 
 12.29  mile of railroad right-of-way.  All quiet zones, regulations, 
 12.30  and ordinances adopted under this section must conform to 
 12.31  federal law and the regulations of the Federal Railroad 
 12.32  Administration under United States Code, title 49, section 20153.
 12.33     Sec. 16.  Minnesota Statutes 2004, section 219.567, is 
 12.34  amended to read: 
 12.35     219.567 [FAILURE TO RING BELL.] 
 12.36     An engineer driving a locomotive on a railway who fails (1) 
 13.1   to ring the bell or sound the whistle on the locomotive, or have 
 13.2   it rung or sounded, at least 80 rods from a place where the 
 13.3   railway crosses a traveled road or street on the same level, 
 13.4   except in cities, or (2) to continue ringing the bell or 
 13.5   sounding the whistle at intervals until the locomotive and 
 13.6   attached train have completely crossed the road or street, in 
 13.7   accordance with Federal Railroad Administration regulations 
 13.8   under United States Code, title 49, section 20153, is guilty of 
 13.9   a misdemeanor. 
 13.10     Sec. 17.  [RULE CHANGE; INSTRUCTION TO REVISOR.] 
 13.11     The revisor of statutes shall change Minnesota Rules, part 
 13.12  8820.3300, subpart 2, to require that comments be directed to 
 13.13  the commissioner of transportation in conformity with the same 
 13.14  period allowed for written objections to be received by the 
 13.15  commissioner under this act's amendments to Minnesota Statutes 
 13.16  2004, sections 162.02, subdivision 3a, and 162.09, subdivision 
 13.17  3a.  The rule change is effective the same day as the effective 
 13.18  date of this act's amendments to Minnesota Statutes 2004, 
 13.19  sections 162.02, subdivision 3a, and 162.09, subdivision 3a. 
 13.20     Sec. 18.  [EFFECTIVE DATE.] 
 13.21     Section 2 is effective the day following final enactment.