Minnesota Legislature
SF 1534
2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 2nd Engrossment
1.1 A bill for an act 1.2 relating to appropriations; appropriating money for 1.3 transportation, public safety, and other purposes; 1.4 authorizing issuance of trunk highway bonds; modifying 1.5 motor fuel taxes and motor vehicle registration fees; 1.6 modifying provisions relating to contract awards, 1.7 property appraisals, highways and highway rest areas, 1.8 high-occupancy vehicle lanes, county and town 1.9 cartways, forecasts of highway-related revenues and 1.10 expenditures, safe routes to school programs, pavement 1.11 striping, bus rapid transit and other transit, a land 1.12 exchange, and other transportation-related activities; 1.13 providing for fees, funds and accounts, transfers, 1.14 allocations, and expenditures; modifying provisions 1.15 regulating motor vehicles and license plates, vehicle 1.16 weight limits, speed limits and other traffic 1.17 regulations, traffic accidents, surcharges on 1.18 trooper-issued traffic citations, vehicle insurance, 1.19 drivers' licenses and identification cards, public 1.20 safety officer benefit funds, and other activities 1.21 related to public safety; authorizing administrative 1.22 powers, penalties, and remedies for public safety 1.23 purposes; requiring studies and reports; making 1.24 technical and clarifying changes; amending Minnesota 1.25 Statutes 2002, sections 13.44, subdivision 3;16A.88, 1.26 subdivision 1; 16C.10, subdivision 7; 117.232, 1.27 subdivision 1; 160.02, by adding a subdivision; 1.28 160.28, by adding a subdivision; 161.04, by adding a 1.29 subdivision; 161.20, subdivision 3; 162.07, 1.30 subdivision 1, by adding subdivisions; 163.11, by 1.31 adding subdivisions; 164.08, subdivision 2; 168.011, 1.32 subdivision 22; 168.013, subdivisions 1a, 3; 168.12, 1.33 subdivisions 2e, 5; 168.54, subdivision 4; 168A.29, 1.34 subdivision 1; 169.01, by adding a subdivision; 1.35 169.09, subdivision 1; 169.14, subdivisions 2, 4, 5a; 1.36 169.18, subdivision 7; 169.42, subdivisions 1, 5; 1.37 169.686, subdivision 1; 169.791, subdivision 1; 1.38 169.796, by adding a subdivision; 169.797, subdivision 1.39 4a; 169.798, subdivision 1, by adding a subdivision; 1.40 169.826, subdivision 1, by adding a subdivision; 1.41 169.85, subdivision 2; 169.86, subdivision 5; 169.89, 1.42 by adding a subdivision; 171.015, by adding a 1.43 subdivision; 171.04, subdivision 1; 171.05, 1.44 subdivision 2b; 171.055, subdivision 2; 171.06, 1.45 subdivisions 2, 3; 171.061, subdivision 4; 171.07, 1.46 subdivisions 1, 3, 4; 171.20, subdivision 4; 171.27; 2.1 171.29, subdivision 2; 174.02, by adding a 2.2 subdivision; 174.03, by adding a subdivision; 174.24, 2.3 subdivisions 1, 3b; 296A.07, subdivision 3; 296A.08, 2.4 subdivision 2; 297B.09, subdivision 1; 299A.465, 2.5 subdivision 4; 299D.03, subdivisions 5, 6, by adding a 2.6 subdivision; 299E.01, by adding a subdivision; 2.7 360.305, subdivision 4; Laws 1999, chapter 238, 2.8 article 1, section 2, subdivision 2; Laws 2000, 2.9 chapter 433, section 4; Laws 2001, First Special 2.10 Session chapter 8, article 1, section 2, subdivision 2.11 2; Laws 2002, chapter 374, article 11, section 10, 2.12 subdivision 3; proposing coding for new law in 2.13 Minnesota Statutes, chapters 117; 160; 161; 171; 174; 2.14 299A; repealing Minnesota Statutes 2002, sections 2.15 16A.88, subdivision 3; 169.794; 169.799; 174.242; 2.16 Minnesota Rules, parts 7403.1300; 7413.0400; 7413.0500. 2.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.18 ARTICLE 1 2.19 TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS 2.20 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.21 The sums shown in the columns marked "APPROPRIATIONS" are 2.22 appropriated from the general fund, or another named fund, to 2.23 the agencies and for the purposes specified in this article, to 2.24 be available for the fiscal years indicated for each purpose. 2.25 The figures "2003," "2004," and "2005," where used in this 2.26 article, mean that the appropriations listed under them are 2.27 available for the fiscal year ending June 30, 2003, June 30, 2.28 2004, or June 30, 2005, respectively. If the figures are not 2.29 used, the appropriations are available for the fiscal year 2.30 ending June 30, 2004, or June 30, 2005, respectively. The term 2.31 "first year" means the year ending June 30, 2004, and the term 2.32 "second year" means the year ending June 30, 2005. 2.33 SUMMARY BY FUND 2.34 2004 2005 TOTAL 2.35 General $ 86,909,000 $ 89,115,000 $ 176,024,000 2.36 For 2003-($110,000,000) 2.37 Airports 19,458,000 19,458,000 38,916,000 2.38 C.S.A.H. 426,020,000 433,631,000 859,651,000 2.39 M.S.A.S. 112,290,000 114,661,000 226,951,000 2.40 Special Revenue 994,000 994,000 1,988,000 2.41 Highway User 11,186,000 11,186,000 22,372,000 2.42 Trunk Highway 1,152,883,000 1,145,956,000 2,298,839,000 2.43 Trunk Highway Fund 2.44 Bond Proceeds Account 3.1 For 2003-$110,110,000 3.2 TOTAL $1,808,670,000 $1,813,971,000 $3,622,641,000 3.3 APPROPRIATIONS 3.4 Available for the Year 3.5 Ending June 30 3.6 2004 2005 3.7 Sec. 2. TRANSPORTATION 3.8 Subdivision 1. Total 3.9 Appropriation $1,632,988,000 $1,636,084,000 3.10 The appropriations in this section are 3.11 from the trunk highway fund, except 3.12 when another fund is named. 3.13 Summary by Fund 3.14 2004 2005 3.15 General 17,220,000 17,221,000 3.16 Airports 19,408,000 19,408,000 3.17 C.S.A.H. 426,020,000 433,631,000 3.18 M.S.A.S. 112,290,000 114,661,000 3.19 Trunk Highway 1,058,050,000 1,051,163,000 3.20 The amounts that may be spent from this 3.21 appropriation for each program are 3.22 specified in the following subdivisions. 3.23 Subd. 2. Multimodal Systems 42,548,000 42,549,000 3.24 Summary by Fund 3.25 Airports 19,383,000 19,383,000 3.26 General 17,155,000 17,156,000 3.27 Trunk Highway 6,010,000 6,010,000 3.28 The amounts that may be spent from this 3.29 appropriation for each activity are as 3.30 follows: 3.31 (a) Aeronautics 3.32 20,395,000 20,395,000 3.33 Summary by Fund 3.34 Airports 19,383,000 19,383,000 3.35 Trunk Highway 1,012,000 1,012,000 3.36 Except as otherwise provided, the 3.37 appropriations in this subdivision are 3.38 from the state airports fund. 3.39 This appropriation reflects a reduction 3.40 of $740,000 from the budget base each 3.41 year. 3.42 $100,000 in each fiscal year must be 3.43 used for hangar construction for the 3.44 civil air patrol at the South St. Paul 3.45 airport. 4.1 (1) Airport Development 4.2 and Assistance 4.3 14,298,000 14,298,000 4.4 These appropriations must be spent 4.5 according to Minnesota Statutes, 4.6 section 360.305, subdivision 4. 4.7 Notwithstanding Minnesota Statutes, 4.8 section 16A.28, subdivision 6, funds 4.9 are available for five years after 4.10 appropriation. 4.11 If the appropriation for either year is 4.12 insufficient, the appropriation for the 4.13 other year is available for it. 4.14 (2) Aviation Support and Services 4.15 Summary by Fund 4.16 Airports 5,085,000 5,085,000 4.17 Trunk Highway 1,012,000 1,012,000 4.18 $65,000 the first year and $65,000 the 4.19 second year are for the civil air 4.20 patrol. 4.21 (b) Transit 4.22 16,957,000 16,958,000 4.23 Summary by Fund 4.24 General 16,809,000 16,810,000 4.25 Trunk Highway 148,000 148,000 4.26 This appropriation reflects a reduction 4.27 of $1,003,000 from the budget base each 4.28 year. 4.29 (c) Freight 4.30 1,569,000 1,569,000 4.31 Summary by Fund 4.32 General 220,000 220,000 4.33 Trunk Highway 1,349,000 1,349,000 4.34 This appropriation reflects a reduction 4.35 of $175,000 from the base budget each 4.36 year. 4.37 Notwithstanding Minnesota Statutes, 4.38 section 222.49, after July 1, 2003, and 4.39 before June 30, 2004, the commissioner 4.40 of finance shall transfer $2,500,000 4.41 from the rail service improvement 4.42 account in the special revenue fund to 4.43 the debt service fund. 4.44 Notwithstanding Minnesota Statutes, 4.45 section 222.49, after July 1, 2004, and 4.46 before June 30, 2005, the commissioner 4.47 of finance shall transfer $2,500,000 4.48 from the rail service improvement 5.1 account in the special revenue fund to 5.2 the debt service fund. 5.3 (d) Commercial Vehicles 5.4 3,627,000 3,627,000 5.5 Summary by Fund 5.6 General 126,000 126,000 5.7 Trunk Highway 3,501,000 3,501,000 5.8 This appropriation reflects a reduction 5.9 of $375,000 from the budget base each 5.10 year. 5.11 Subd. 3. State Roads 995,700,000 993,263,000 5.12 Summary by Fund 5.13 General 9,000 9,000 5.14 Trunk Highway 995,691,000 993,254,000 5.15 The amounts that may be spent from this 5.16 appropriation for each activity are as 5.17 follows: 5.18 (a) Infrastructure Investment and Planning 5.19 781,069,000 778,632,000 5.20 This appropriation reflects a reduction 5.21 of $8,750,000 below the budget base 5.22 each year. These reductions must be 5.23 allocated each year as follows: 5.24 $2,000,000 from reduced research 5.25 expenditures, $2,000,000 from reduced 5.26 information technology system 5.27 development and equipment expenditures, 5.28 $750,000 from reduced supervisory and 5.29 support expenditures, $1,750,000 from 5.30 reduced inventory and nonprogram 5.31 delivery expenditures, $1,750,000 from 5.32 reduced technical training and district 5.33 technical support expenditures, and 5.34 $500,000 from reduced landscaping 5.35 expenditures. 5.36 $266,000 the first year and $266,000 5.37 the second year are available for 5.38 grants to metropolitan planning 5.39 organizations outside the seven-county 5.40 metropolitan area. 5.41 $75,000 the first year and $75,000 the 5.42 second year are for a transportation 5.43 research contingent account to finance 5.44 research projects that are reimbursable 5.45 from the federal government or from 5.46 other sources. If the appropriation 5.47 for either year is insufficient, the 5.48 appropriation for the other year is 5.49 available for it. 5.50 $600,000 the first year and $600,000 5.51 the second year are available for 5.52 grants for transportation studies 5.53 outside the metropolitan area to 5.54 identify critical concerns, problems, 6.1 and issues. These grants are available 6.2 (1) to regional development 6.3 commissions, and (2) in regions where 6.4 no regional development commission is 6.5 functioning, to joint powers boards 6.6 established under agreement of two or 6.7 more political subdivisions in the 6.8 region to exercise the planning 6.9 functions of a regional development 6.10 commission, and (3) in regions where no 6.11 regional development commission or 6.12 joint powers board is functioning, to 6.13 the department's district office for 6.14 that region. 6.15 (1) State Road Construction 6.16 594,707,000 594,707,000 6.17 It is estimated that these 6.18 appropriations will be funded as 6.19 follows: 6.20 Federal Highway Aid 6.21 275,000,000 275,000,000 6.22 Highway User Taxes 6.23 319,707,000 319,707,000 6.24 The commissioner of transportation 6.25 shall notify the chair of the 6.26 transportation budget division of the 6.27 senate and the chair of the 6.28 transportation finance committee of the 6.29 house of representatives of any 6.30 significant events that should cause 6.31 these estimates to change. 6.32 This appropriation is for the actual 6.33 construction, reconstruction, and 6.34 improvement of trunk highways including 6.35 consultant usage to support these 6.36 activities. This includes the cost of 6.37 actual payment to landowners for lands 6.38 acquired for highway rights-of-way, 6.39 payment to lessees, interest subsidies, 6.40 and relocation expenses. 6.41 The commissioner may transfer up to 6.42 $15,000,000 each year to the 6.43 transportation revolving loan fund. 6.44 The commissioner may receive money 6.45 covering other shares of the cost of 6.46 partnership projects. These receipts 6.47 are appropriated to the commissioner 6.48 for these projects. 6.49 (2) Highway Debt Service 6.50 29,724,000 27,287,000 6.51 $23,115,000 the first year and 6.52 $20,616,000 the second year are for 6.53 transfer to the state bond fund. If 6.54 this appropriation is insufficient to 6.55 make all transfers required in the year 6.56 for which it is made, the commissioner 6.57 of finance shall notify the committee 7.1 on state government finance of the 7.2 senate and the committee on ways and 7.3 means of the house of representatives 7.4 of the amount of the deficiency and 7.5 shall then transfer that amount under 7.6 the statutory open appropriation. Any 7.7 excess appropriation cancels to the 7.8 trunk highway fund. 7.9 (b) Infrastructure Operations 7.10 and Maintenance 7.11 209,641,000 209,641,000 7.12 This appropriation reflects a reduction 7.13 of $5,600,000 below the budget base 7.14 each year. These reductions must be 7.15 allocated each year as follows: 7.16 $2,300,000 from reduced supervisory and 7.17 support expenditures, $750,000 from 7.18 reduced technical equipment and 7.19 information technology expenditures, 7.20 $2,050,000 from reduced traffic 7.21 management expenditures, and $500,000 7.22 from reduced research expenditures. 7.23 Budget base reductions may not be 7.24 allocated to expenditures for snow and 7.25 ice removal, road maintenance, rest 7.26 areas, pavement striping, highway 7.27 helper, or road equipment. 7.28 (c) Electronic Communications 7.29 4,990,000 4,990,000 7.30 Summary by Fund 7.31 General 9,000 9,000 7.32 Trunk Highway 4,981,000 4,981,000 7.33 This appropriation reflects a $500,000 7.34 reduction from the budget base each 7.35 year. 7.36 $9,000 the first year and $9,000 the 7.37 second year are from the general fund 7.38 for equipment and operation of the 7.39 Roosevelt signal tower for Lake of the 7.40 Woods weather broadcasting. 7.41 Subd. 4. Local Roads 538,310,000 548,292,000 7.42 Summary by Fund 7.43 C.S.A.H. 426,020,000 433,631,000 7.44 M.S.A.S. 112,290,000 114,661,000 7.45 The amounts that may be spent from this 7.46 appropriation for each activity are as 7.47 follows: 7.48 (a) County State Aids 7.49 426,020,000 433,631,000 7.50 This appropriation is from the county 7.51 state-aid highway fund and is available 7.52 until spent. 8.1 (b) Municipal State Aids 8.2 112,290,000 114,661,000 8.3 This appropriation is from the 8.4 municipal state-aid street fund and is 8.5 available until spent. 8.6 If an appropriation for either county 8.7 state aids or municipal state aids does 8.8 not exhaust the balance in the fund 8.9 from which it is made in the year for 8.10 which it is made, the commissioner of 8.11 finance, upon request of the 8.12 commissioner of transportation, shall 8.13 notify the chair of the transportation 8.14 finance committee of the house of 8.15 representatives and the chair of the 8.16 transportation budget division of the 8.17 senate of the amount of the remainder 8.18 and shall then add that amount to the 8.19 appropriation. The amount added is 8.20 appropriated for the purposes of county 8.21 state aids or municipal state aids, as 8.22 appropriate. 8.23 Subd. 5. General Support 8.24 and Services 56,430,000 51,980,000 8.25 Summary by Fund 8.26 General 56,000 56,000 8.27 Airports 25,000 25,000 8.28 Trunk Highway 56,349,000 51,899,000 8.29 The amounts that may be spent from this 8.30 appropriation for each activity are as 8.31 follows: 8.32 (a) Department Support 8.33 38,653,000 38,653,000 8.34 Summary by Fund 8.35 Airports 25,000 25,000 8.36 Trunk Highway 38,628,000 38,628,000 8.37 This appropriation reflects a reduction 8.38 of $13,750,000 from the budget base 8.39 each year. 8.40 (b) Buildings 8.41 17,777,000 13,327,000 8.42 Summary by Fund 8.43 General 56,000 56,000 8.44 Trunk Highway 17,721,000 13,271,000 8.45 If the appropriation for either year is 8.46 insufficient, the appropriation for the 8.47 other year is available for it. 8.48 In fiscal year 2004, $4,450,000 of this 8.49 appropriation is to design, construct, 9.1 furnish, and equip a building in 9.2 Pennington county for the joint use of 9.3 the county of Pennington and 9.4 departments of transportation, public 9.5 safety, and natural resources for 9.6 vehicle maintenance and vehicle 9.7 storage. This appropriation remains 9.8 available and does not lapse. 9.9 Subd. 6. Trunk Highway Bond Refinance 9.10 $110,000,000 is appropriated in fiscal 9.11 year 2003 from the trunk highway bond 9.12 proceeds account in the trunk highway 9.13 fund and is available for expenditure 9.14 beginning the day following final 9.15 enactment. It is for the same purposes 9.16 as specified in Laws 2000, chapter 479, 9.17 article 1, section 2, subdivision 3. 9.18 Of the general fund appropriation in 9.19 Laws 2000, chapter 479, article 1, 9.20 section 2, subdivision 3, $110,000,000 9.21 cancels to the general fund. This 9.22 cancellation is effective the day 9.23 following final enactment. 9.24 Subd. 7. Transfers 9.25 (a) With the approval of the 9.26 commissioner of finance, the 9.27 commissioner of transportation may 9.28 transfer unencumbered balances among 9.29 the appropriations from the trunk 9.30 highway fund and the state airports 9.31 fund made in this section. No transfer 9.32 may be made from the appropriation for 9.33 state road construction. No transfer 9.34 may be made from the appropriations for 9.35 debt service to any other appropriation. 9.36 Transfers under this paragraph may not 9.37 be made between funds. Transfers 9.38 between programs may not be made if the 9.39 transfer would result in a net loss of 9.40 staff positions. Transfers between 9.41 programs must be reported immediately 9.42 to the chair of the transportation 9.43 budget division of the senate and the 9.44 chair of the transportation finance 9.45 committee of the house of 9.46 representatives. 9.47 (b) The commissioner of finance shall 9.48 transfer from the flexible account in 9.49 the county state-aid highway fund 9.50 $14,400,000 the first year and 9.51 $8,300,000 the second year to the 9.52 municipal turnback account in the 9.53 municipal state-aid street fund, and 9.54 the remainder in each year to the 9.55 county turnback account in the county 9.56 state-aid highway fund. 9.57 (c) The commissioner of transportation 9.58 shall transfer $3,000,000 from the 9.59 trunk highway fund to the trunk highway 9.60 corridor protection revolving loan 9.61 account. 9.62 Subd. 8. Use of State Road 9.63 Construction Appropriations 10.1 Effective the day following final 10.2 enactment, any money appropriated to 10.3 the commissioner of transportation for 10.4 state road construction for any fiscal 10.5 year before fiscal year 2004 is 10.6 available to the commissioner during 10.7 fiscal years 2004 and 2005 to the 10.8 extent that the commissioner spends the 10.9 money on the state road construction 10.10 project for which the money was 10.11 originally encumbered during the fiscal 10.12 year for which it was appropriated. 10.13 The commissioner of transportation 10.14 shall report to the commissioner of 10.15 finance by August 1, 2003, and August 10.16 1, 2004, on a form the commissioner of 10.17 finance provides, on expenditures made 10.18 during the previous fiscal year that 10.19 are authorized by this subdivision. 10.20 Subd. 9. Contingent Appropriation 10.21 The commissioner of transportation, 10.22 with the approval of the governor after 10.23 review by the legislative advisory 10.24 commission under Minnesota Statutes, 10.25 section 3.30, may transfer all or part 10.26 of the unappropriated balance in the 10.27 trunk highway fund to an appropriation 10.28 (1) for trunk highway design, 10.29 construction, or inspection in order to 10.30 take advantage of an unanticipated 10.31 receipt of income to the trunk highway 10.32 fund or to take advantage of federal 10.33 advance construction funding, (2) for 10.34 trunk highway maintenance in order to 10.35 meet an emergency, or (3) to pay tort 10.36 or environmental claims. Prior to 10.37 making any transfer for the purpose of 10.38 using federal advance construction 10.39 funding, the commissioner must submit a 10.40 report to the chairs of the senate and 10.41 house of representatives committees 10.42 with jurisdiction over transportation 10.43 policy and finance that includes an 10.44 analysis of the effects on the 10.45 long-term trunk highway fund balance 10.46 and the cash flow of the fund. The 10.47 amount transferred is appropriated for 10.48 the purpose of the account to which it 10.49 is transferred. 10.50 Subd. 10. Budget Base Reduction Report 10.51 By December 15, 2003, and December 15, 10.52 2004, the commissioner of 10.53 transportation shall report to the 10.54 chairs of the senate and house of 10.55 representatives committees with 10.56 jurisdiction over transportation policy 10.57 and finance regarding the distribution 10.58 and impacts of the base budget 10.59 reductions. The report must include a 10.60 description and enumeration of program 10.61 activities with reduced spending levels 10.62 and the impacts on the department's 10.63 performance measures. The report must 10.64 identify the total number of positions 10.65 that were reduced or eliminated through 10.66 attrition or layoffs, the number of 11.1 positions reduced or eliminated in each 11.2 of the bargaining units represented 11.3 within the department, and the impact 11.4 on the number of women and minorities 11.5 employed by the department and the 11.6 department's affirmative action goals. 11.7 Subd. 11. Prohibition on Spending 11.8 (a) The commissioner of transportation 11.9 may not assign mobile telephones or 11.10 pagers to department employees and may 11.11 not expend state funds on the 11.12 acquisition, operation, maintenance, or 11.13 repair of this equipment. The 11.14 commissioner shall cancel existing 11.15 contracts for service or operation of 11.16 mobile telephones and pagers. The 11.17 commissioner shall take possession of 11.18 previously assigned mobile telephones 11.19 and pagers, sell this equipment for a 11.20 price that reflects its fair market 11.21 value, and deposit all sale proceeds in 11.22 the trunk highway fund. 11.23 (b) The commissioner of transportation 11.24 may not assign to department employees 11.25 any passenger automobiles, within the 11.26 meaning of Minnesota Statutes, section 11.27 168.011, and may not expend state funds 11.28 on the acquisition, operation, 11.29 maintenance, repair, or insurance of 11.30 this equipment. The commissioner shall 11.31 cancel existing contracts relating to 11.32 these vehicles, including contracts for 11.33 insurance, service, fuel purchase, or 11.34 any other purpose. The commissioner 11.35 shall take possession of all passenger 11.36 automobiles owned by the department and 11.37 sell these vehicles for a price that 11.38 reflects their fair market value, and 11.39 deposit all sale proceeds in the trunk 11.40 highway fund. 11.41 (c) The commissioner of transportation 11.42 may not expend state funds on travel 11.43 out of this state by department 11.44 employees, or for travel within the 11.45 state and related expenses when the 11.46 in-state travel is for the purpose of 11.47 attending a convention, a conference, a 11.48 seminar, or a meeting sponsored by an 11.49 organization other than the department. 11.50 Sec. 3. METROPOLITAN COUNCIL 11.51 TRANSIT 61,533,000 63,733,000 11.52 (a) The agency's budget base for fiscal 11.53 year 2006 is $64,033,000 and for fiscal 11.54 year 2007 is $66,533,000. 11.55 (b) Bus Transit 11.56 55,933,000 55,933,000 11.57 This appropriation is for operations of 11.58 the bus system. This appropriation 11.59 reflects a reduction of $6,953,000 11.60 below the budget base each year. To 11.61 the greatest extent feasible, the 11.62 metropolitan council shall first reduce 12.1 expenditures on planning and 12.2 administration and metro commuter 12.3 services before making any reductions 12.4 to regular route operations or metro 12.5 mobility services. 12.6 (c) Rail Operations 12.7 5,600,000 7,800,000 12.8 This appropriation is for operations of 12.9 the Hiawatha light rail transit (LRT) 12.10 line. The base for rail operations for 12.11 fiscal year 2006 is $8,100,000 and for 12.12 fiscal year 2007 is $10,600,000. 12.13 (d) Budget Base Reduction Report 12.14 By December 15, 2003, and December 15, 12.15 2004, the chair of the metropolitan 12.16 council shall report to the chairs of 12.17 the senate and house of representatives 12.18 committees with jurisdiction over 12.19 transportation policy and finance 12.20 regarding the distribution and impacts 12.21 of the base budget reductions. The 12.22 report must include a description and 12.23 enumeration of program activities with 12.24 reduced spending levels and the impacts 12.25 on transit service levels and 12.26 performance of the regular route and 12.27 metro mobility systems. The report 12.28 must identify the total number of 12.29 positions that were reduced or 12.30 eliminated through attrition or 12.31 layoffs, the number of positions 12.32 reduced or eliminated in each of the 12.33 bargaining units represented within the 12.34 council, and the impact on the number 12.35 of women and minorities employed by the 12.36 council. 12.37 (e) Fiscal Year 2003 Appropriation 12.38 $2,500,000 is appropriated from the 12.39 general fund in fiscal year 2003 to the 12.40 metropolitan council for a grant to the 12.41 Ramsey county regional rail authority 12.42 for a major investment study, design, 12.43 environmental studies, engineering, and 12.44 implementation in the central corridor 12.45 between the cities of St. Paul and 12.46 Minneapolis. This appropriation does 12.47 not cancel and is available until spent. 12.48 Sec. 4. PUBLIC SAFETY 12.49 Subdivision 1. Total 12.50 Appropriation 114,244,000 114,209,000 12.51 Summary by Fund 12.52 General 8,156,000 8,161,000 12.53 Trunk Highway 94,033,000 93,993,000 12.54 Highway User 11,061,000 11,061,000 12.55 Special Revenue 994,000 994,000 12.56 Subd. 2. Administration 13.1 and Related Services 9,684,000 9,689,000 13.2 Summary by Fund 13.3 General 2,361,000 2,366,000 13.4 Trunk Highway 5,938,000 5,938,000 13.5 Highway User 1,385,000 1,385,000 13.6 (a) Office of Communications 13.7 385,000 385,000 13.8 Summary by Fund 13.9 General 39,000 39,000 13.10 Trunk Highway 346,000 346,000 13.11 (b) Public Safety Support 13.12 6,845,000 6,850,000 13.13 Summary by Fund 13.14 General 2,231,000 2,236,000 13.15 Trunk Highway 3,248,000 3,248,000 13.16 Highway User 1,366,000 1,366,000 13.17 $365,000 the first year and $370,000 13.18 the second year are for payment of 13.19 public safety officer survivor benefits 13.20 under Minnesota Statutes, section 13.21 299A.44. If the appropriation for 13.22 either year is insufficient, the 13.23 appropriation for the other year is 13.24 available for it. The base for fiscal 13.25 year 2006 is $375,000 and for fiscal 13.26 year 2007 is $380,000. 13.27 $314,000 the first year and $314,000 13.28 the second year are to be deposited in 13.29 the public safety officer's benefit 13.30 account. This money is available for 13.31 reimbursements under Minnesota 13.32 Statutes, section 299A.465. 13.33 $508,000 the first year and $508,000 13.34 the second year are for soft body armor 13.35 reimbursements under Minnesota 13.36 Statutes, section 299A.38. 13.37 $792,000 the first year and $792,000 13.38 the second year are appropriated from 13.39 the general fund for transfer by the 13.40 commissioner of finance to the trunk 13.41 highway fund on December 31, 2003, and 13.42 December 31, 2004, respectively, in 13.43 order to reimburse the trunk highway 13.44 fund for expenses not related to the 13.45 fund. These represent amounts 13.46 appropriated out of the trunk highway 13.47 fund for general fund purposes in the 13.48 administration and related services 13.49 program. 13.50 $610,000 the first year and $610,000 13.51 the second year are appropriated from 14.1 the highway user tax distribution fund 14.2 for transfer by the commissioner of 14.3 finance to the trunk highway fund on 14.4 December 31, 2003, and December 31, 14.5 2004, respectively, in order to 14.6 reimburse the trunk highway fund for 14.7 expenses not related to the fund. 14.8 These represent amounts appropriated 14.9 out of the trunk highway fund for 14.10 highway user tax distribution fund 14.11 purposes in the administration and 14.12 related services program. 14.13 $716,000 the first year and $716,000 14.14 the second year are appropriated from 14.15 the highway user tax distribution fund 14.16 for transfer by the commissioner of 14.17 finance to the general fund on December 14.18 31, 2003, and December 31, 2004, 14.19 respectively, in order to reimburse the 14.20 general fund for expenses not related 14.21 to the fund. These represent amounts 14.22 appropriated out of the general fund 14.23 for operation of the criminal justice 14.24 data network related to driver and 14.25 motor vehicle licensing. 14.26 (c) Technical Support Services 14.27 2,454,000 2,454,000 14.28 Summary by Fund 14.29 General 91,000 91,000 14.30 Trunk Highway 2,344,000 2,344,000 14.31 Highway User 19,000 19,000 14.32 Subd. 3. State Patrol 66,332,000 66,332,000 14.33 Summary by Fund 14.34 General 2,871,000 2,871,000 14.35 Trunk Highway 63,369,000 63,369,000 14.36 Highway User 92,000 92,000 14.37 (a) Patrolling Highways 14.38 57,024,000 57,024,000 14.39 Summary by Fund 14.40 General 37,000 37,000 14.41 Trunk Highway 56,895,000 56,895,000 14.42 Highway User 92,000 92,000 14.43 (b) Commercial Vehicle Enforcement 14.44 6,474,000 6,474,000 14.45 This appropriation is from the trunk 14.46 highway fund. 14.47 (c) Capitol Security 14.48 2,834,000 2,834,000 15.1 This appropriation reflects a reduction 15.2 of $776,000 each year from the budget 15.3 base. At least $287,000 of this 15.4 reduction must be from reduced 15.5 expenditures for executive protection. 15.6 The commissioner may not (1) spend any 15.7 money from the trunk highway fund for 15.8 capitol security, or (2) permanently 15.9 transfer any state trooper from the 15.10 patrolling highways activity to capitol 15.11 security. 15.12 The commissioner may not transfer any 15.13 money (1) appropriated for department 15.14 of public safety administration, the 15.15 patrolling of highways, commercial 15.16 vehicle enforcement, or driver and 15.17 vehicle services to capitol security or 15.18 (2) from capitol security. 15.19 Subd. 4. Driver and Vehicle Services 36,910,000 36,870,000 15.20 Summary by Fund 15.21 General 2,924,000 2,924,000 15.22 Trunk Highway 24,402,000 24,362,000 15.23 Highway User 9,584,000 9,584,000 15.24 (a) Vehicle Services 15.25 12,452,000 12,452,000 15.26 Summary by Fund 15.27 General 2,868,000 2,868,000 15.28 Highway User 9,584,000 9,584,000 15.29 (b) Driver Services 15.30 24,458,000 24,418,000 15.31 Summary by Fund 15.32 General 56,000 56,000 15.33 Trunk Highway 24,402,000 24,362,000 15.34 Subd. 5. Traffic Safety 324,000 324,000 15.35 This appropriation is from the trunk 15.36 highway fund. 15.37 Subd. 6. Pipeline Safety 994,000 994,000 15.38 This appropriation is from the pipeline 15.39 safety account in the special revenue 15.40 fund. 15.41 Subd. 7. Budget Base Reductions Report 15.42 By December 15, 2003, and December 15, 15.43 2004, the commissioner of public safety 15.44 shall report to the chairs of the 15.45 senate and house of representatives 15.46 committees with jurisdiction over 15.47 transportation policy and finance 15.48 regarding the distribution of and 16.1 impacts of the base budget reductions 16.2 to administration and related services, 16.3 driver and vehicle services, and 16.4 capitol security. The report must 16.5 include a description of the program 16.6 activities with reduced spending levels 16.7 and the impacts on the department's 16.8 performance. The report must identify 16.9 the total number of positions that were 16.10 reduced or eliminated, the number of 16.11 positions reduced or eliminated in each 16.12 of the bargaining units represented 16.13 within the department, and the impact 16.14 on the number of women and on 16.15 minorities employed by the department 16.16 and the department's affirmative action 16.17 goals. 16.18 Sec. 5. FINANCE 16.19 Subdivision 1. Bond Sale Expenses 16.20 Effective the day following final 16.21 enactment, $110,000 is appropriated in 16.22 fiscal year 2003 to the commissioner of 16.23 finance for bond sale expenses under 16.24 Minnesota Statutes, section 16A.641, 16.25 subdivision 8. This appropriation is 16.26 from the trunk highway bond proceeds 16.27 account in the trunk highway fund. 16.28 Subd. 2. Bond Sale Authorization 16.29 Effective the day following final 16.30 enactment, and to provide the money 16.31 appropriated in subdivision 1 and 16.32 section 2, subdivision 6, from the 16.33 trunk highway bond proceeds account in 16.34 the trunk highway fund, the 16.35 commissioner of finance shall sell and 16.36 issue bonds of the state in an amount 16.37 up to $110,110,000 in the manner, upon 16.38 the terms, and with the effect 16.39 prescribed by Minnesota Statutes, 16.40 sections 167.50 to 167.52, and by the 16.41 Minnesota Constitution, article XIV, 16.42 section 11, at the times and in the 16.43 amount requested by the commissioner of 16.44 transportation. The proceeds of the 16.45 bonds, except accrued interest and any 16.46 premium received on the sale of the 16.47 bonds, must be credited to the trunk 16.48 highway bond proceeds account in the 16.49 trunk highway fund. 16.50 Subd. 3. Transfer 16.51 Effective the day following final 16.52 enactment, the commissioner of finance 16.53 shall transfer by June 30, 2003, 16.54 $15,000,000 of the cash balance in the 16.55 state airports fund established in 16.56 Minnesota Statutes, section 360.017, to 16.57 the general fund. 16.58 By June 30, 2007, the commissioner of 16.59 finance shall transfer $7,500,000 from 16.60 the general fund to the state airports 16.61 fund. 16.62 By June 30, 2009, the commissioner of 17.1 finance shall transfer an additional 17.2 $7,500,000 from the general fund to the 17.3 state airports fund. 17.4 The commissioner of finance shall 17.5 transfer by June 30, 2003, $2,500,000 17.6 of the contingency reserve within the 17.7 employee insurance trust fund 17.8 maintained under Minnesota Statutes, 17.9 section 43A.30, subdivision 6, to the 17.10 general fund. 17.11 Sec. 6. GENERAL CONTINGENT 17.12 ACCOUNTS 375,000 375,000 17.13 Summary by Fund 17.14 Trunk Highway 200,000 200,000 17.15 Highway User 125,000 125,000 17.16 Airports 50,000 50,000 17.17 The appropriations in this section may 17.18 only be spent with the approval of the 17.19 governor after consultation with the 17.20 legislative advisory commission 17.21 pursuant to Minnesota Statutes, section 17.22 3.30. 17.23 If an appropriation in this section for 17.24 either year is insufficient, the 17.25 appropriation for the other year is 17.26 available for it. 17.27 Sec. 7. TORT CLAIMS 600,000 600,000 17.28 To be spent by the commissioner of 17.29 finance. 17.30 This appropriation is from the trunk 17.31 highway fund. 17.32 If the appropriation for either year is 17.33 insufficient, the appropriation for the 17.34 other year is available for it. 17.35 ARTICLE 2 17.36 TRANSPORTATION FINANCE 17.37 Section 1. Minnesota Statutes 2002, section 162.07, 17.38 subdivision 1, is amended to read: 17.39 Subdivision 1. [FORMULA.] After deducting for 17.40 administrative costs and for the disaster account and research 17.41 account and state park roads asheretoforeprovided in section 17.42 162.06, subdivisions 2 through 5, the remainder of the total sum 17.43 provided for in section 162.06, subdivision 1,shall beis 17.44 identified as the apportionment sum andshall be apportioned by17.45the commissioner to the several counties on the basis of the17.46needs of the counties as determined in accordance with the18.1following formula:18.2(a) An amount equal to ten percent of the apportionment sum18.3shall be apportioned equally among the 87 counties.18.4(b) An amount equal to ten percent of the apportionment sum18.5shall be apportioned among the several counties so that each18.6county shall receive of such amount the percentage that its18.7motor vehicle registration for the calendar year preceding the18.8one last past, determined by residence of registrants, bears to18.9the total statewide motor vehicle registration.18.10(c) An amount equal to 30 percent of the apportionment sum18.11shall be apportioned among the several counties so that each18.12county shall receive of such amount the percentage that its18.13total lane-miles of approved county state-aid highways bears to18.14the total lane-miles of approved statewide county state-aid18.15highways. In 1997 and subsequent years no county may receive,18.16as a result of an apportionment under this clause based on18.17lane-miles rather than miles of approved county state-aid18.18highways, an apportionment that is less than its apportionment18.19in 1996.18.20(d) An amount equal to 50 percent of the apportionment sum18.21shall be apportioned among the several counties so that each18.22county shall receive of such amount the percentage that its18.23money needs bears to the sum of the money needs of all of the18.24individual counties; provided, that the percentage of such18.25amount that each county is to receive shall be adjusted so that18.26each county shall receive in 1958 a total apportionment at least18.27ten percent greater than its total 1956 apportionments from the18.28state road and bridge fund; and provided further that those18.29counties whose money needs are thus adjusted shall never receive18.30a percentage of the apportionment sum less than the percentage18.31that such county received in 1958the excess sum. 18.32 (a) The excess sum is calculated by subtracting a 18.33 proportionate share of the deductions for administrative costs 18.34 and for the disaster account and research account from the 18.35 amount available due to an increase in the motor fuel tax rate 18.36 imposed on or after June 1, 2003, as follows: 19.1 (1) in the gasoline excise tax rate above a rate of 20.0 19.2 cents per gallon; or 19.3 (2) in the excise tax rate for E85, M85, and special fuels 19.4 above the energy equivalent of a gasoline tax rate of 20.0 cents 19.5 per gallon. 19.6 (b) The apportionment sum is calculated by subtracting the 19.7 excess sum from the remainder of the total sum. 19.8 Sec. 2. Minnesota Statutes 2002, section 162.07, is 19.9 amended by adding a subdivision to read: 19.10 Subd. 1a. [APPORTIONMENT SUM.] The commissioner shall 19.11 apportion the apportionment sum to the several counties on the 19.12 basis of the needs of the counties as determined in accordance 19.13 with the following formula: 19.14 (a) An amount equal to ten percent of the apportionment sum 19.15 must be apportioned equally among the 87 counties. 19.16 (b) An amount equal to ten percent of the apportionment sum 19.17 must be apportioned among the several counties so that each 19.18 county receives of that amount the percentage that its motor 19.19 vehicle registration for the calendar year preceding the one 19.20 last past, determined by residence of registrants, bears to the 19.21 total statewide motor vehicle registration. 19.22 (c) An amount equal to 30 percent of the apportionment sum 19.23 must be apportioned among the several counties so that each 19.24 county receives of that amount the percentage that its total 19.25 lane-miles of approved county state-aid highways bears to the 19.26 total lane-miles of approved statewide county state-aid 19.27 highways. In 1997 and subsequent years no county may receive, 19.28 as a result of an apportionment under this paragraph based on 19.29 lane-miles rather than miles of approved county state-aid 19.30 highways, an apportionment that is less than its apportionment 19.31 in 1996. 19.32 (d) An amount equal to 50 percent of the apportionment sum 19.33 must be apportioned among the several counties so that each 19.34 county receives of that amount the percentage that its money 19.35 needs bears to the sum of the money needs of all of the 19.36 individual counties; provided, that the percentage of the amount 20.1 that each county is to receive must be adjusted so that each 20.2 county receives in 1958 a total apportionment at least ten 20.3 percent greater than its total 1956 apportionments from the 20.4 state road and bridge fund; and provided further, that those 20.5 counties whose money needs are thus adjusted shall never receive 20.6 a percentage of the apportionment sum less than the percentage 20.7 that such county received in 1958. 20.8 Sec. 3. Minnesota Statutes 2002, section 162.07, is 20.9 amended by adding a subdivision to read: 20.10 Subd. 1b. [EXCESS SUM.] The commissioner shall apportion 20.11 the excess sum to the several counties on the basis of the needs 20.12 of the counties as determined in accordance with the following 20.13 formula: 20.14 (a) An amount equal to ten percent of the excess sum must 20.15 be apportioned equally among the 87 counties. 20.16 (b) An amount equal to ten percent of the apportionment sum 20.17 must be apportioned among the several counties so that each 20.18 county receives of that amount the percentage that its total 20.19 lane-miles of approved county state-aid highways bears to the 20.20 total lane-miles of approved statewide county state-aid highways. 20.21 (c) An amount equal to 30 percent of the excess sum must be 20.22 apportioned among the several counties so that each county 20.23 receives of that amount the percentage that its population bears 20.24 to the total population of the state. 20.25 (d) An amount equal to 50 percent of the excess sum must be 20.26 apportioned among the several counties so that each county 20.27 receives of that amount the percentage that its money needs 20.28 bears to the sum of the money needs of all of the individual 20.29 counties. 20.30 Sec. 4. Minnesota Statutes 2002, section 168.013, 20.31 subdivision 1a, is amended to read: 20.32 Subd. 1a. [PASSENGER AUTOMOBILE; HEARSE.] (a) On passenger 20.33 automobiles as defined in section 168.011, subdivision 7, and 20.34 hearses, except as otherwise provided, the tax shall be $10 plus 20.35 an additional tax equal to 1.25 percent of the base value. 20.36 (b) Subject to the classification provisions herein, "base 21.1 value" means the manufacturer's suggested retail price of the 21.2 vehicle including destination charge using list price 21.3 information published by the manufacturer or determined by the 21.4 registrar if no suggested retail price exists, and shall not 21.5 include the cost of each accessory or item of optional equipment 21.6 separately added to the vehicle and the suggested retail price. 21.7 (c) If the manufacturer's list price information contains a 21.8 single vehicle identification number followed by various 21.9 descriptions and suggested retail prices, the registrar shall 21.10 select from those listings only the lowest price for determining 21.11 base value. 21.12 (d) If unable to determine the base value because the 21.13 vehicle is specially constructed, or for any other reason, the 21.14 registrar may establish such value upon the cost price to the 21.15 purchaser or owner as evidenced by a certificate of cost but not 21.16 including Minnesota sales or use tax or any local sales or other 21.17 local tax. 21.18 (e) The registrar shall classify every vehicle in its 21.19 proper base value class as follows: 21.20 FROM TO 21.21 $ 0 $199.99 21.22 200 399.99 21.23 and thereafter a series of classes successively set in brackets 21.24 having a spread of $200 consisting of such number of classes as 21.25 will permit classification of all vehicles. 21.26 (f) The base value for purposes of this section shall be 21.27 the middle point between the extremes of its class. 21.28 (g) The registrar shall establish the base value, when new, 21.29 of every passenger automobile and hearse registered prior to the 21.30 effective date of Extra Session Laws 1971, chapter 31, using 21.31 list price information published by the manufacturer or any 21.32 nationally recognized firm or association compiling such data 21.33 for the automotive industry. If unable to ascertain the base 21.34 value of any registered vehicle in the foregoing manner, the 21.35 registrar may use any other available source or method. The 21.36 registrar shall calculate tax using base value information 22.1 available to dealers and deputy registrars at the time the 22.2 application for registration is submitted. The tax on all 22.3 previously registered vehicles shall be computed upon the base 22.4 value thus determined taking into account the depreciation 22.5 provisions of paragraph (h). 22.6 (h) The annual additional tax computed upon the base value 22.7 as provided herein, during the firstand second yearsyear of 22.8 vehicle life shall be computed upon 100 percent of the base 22.9 value; for the second year, 80 percent of such value; for the 22.10 thirdand fourth years, 90year, 70 percent of such value; for 22.11 the fourth year, 60 percent of such value; for the fifthand22.12sixth years, 75year, 50 percent of such value; for the sixth 22.13 year, 40 percent of such value; for the seventh year,6035 22.14 percent of such value; for the eighth year,4030 percent of 22.15 such value; for the ninth year,3020 percent of such value; for 22.16 the tenth year, ten percent of such value; for the 11th and each 22.17 succeeding year, the sum of $25. In no event shall the annual 22.18 additional tax be less than $25. 22.19The total tax under this subdivision shall not exceed $189 for22.20the first renewal period and shall not exceed $99 for subsequent22.21renewal periods. The total tax under this subdivision on any22.22vehicle filing its initial registration in Minnesota in the22.23second year of vehicle life shall not exceed $189 and shall not22.24exceed $99 for subsequent renewal periods. The total tax under22.25this subdivision on any vehicle filing its initial registration22.26in Minnesota in the third or subsequent year of vehicle life22.27shall not exceed $99 and shall not exceed $99 in any subsequent22.28renewal period.22.29 (i) As used in this subdivision and section 168.017, the 22.30 following terms have the meanings given: "initial registration" 22.31 means the 12 consecutive months calendar period from the day of 22.32 first registration of a vehicle in Minnesota; and "renewal 22.33 periods" means the 12 consecutive calendar months periods 22.34 following the initial registration period. 22.35 Sec. 5. [174.33] [TRANSIT WAYS FUND.] 22.36 Subdivision 1. [FUND CREATED.] A transit ways fund is 23.1 created in the state treasury. The fund consists of money 23.2 credited to the fund under section 297B.09, subdivision 1, and 23.3 other money credited by law. 23.4 Subd. 2. [USES OF FUND.] Money in the fund must be 23.5 appropriated for public transit purposes with the following 23.6 order of priority: 23.7 (1) paying principal and interest on bonds issued for (i) 23.8 the planning, design, environmental review, and construction of 23.9 transit ways, including property acquisition, maintenance, 23.10 facilities, parking lots, and stations, and (ii) the acquisition 23.11 of vehicles for operation on transit ways; 23.12 (2) other public transit capital improvements, including 23.13 vehicle acquisition; 23.14 (3) operating assistance to transit service on transit 23.15 ways; and 23.16 (4) operating assistance for regular route transit service 23.17 operated or assisted by the metropolitan council or the 23.18 commissioner of transportation on routes other than transit ways. 23.19 Subd. 3. [DEFINITION.] For purposes of this section, 23.20 "transit way" means a transportation corridor dedicated for 23.21 preferential or exclusive use by public transit vehicles, 23.22 including rail vehicles, buses, carpools, and vanpools. 23.23 Sec. 6. Minnesota Statutes 2002, section 296A.07, 23.24 subdivision 3, is amended to read: 23.25 Subd. 3. [RATE OF TAX.] The gasoline excise tax is imposed 23.26 at the following rates: 23.27 (1) E85 is taxed at the rate of14.217.75 cents per 23.28 gallon; 23.29 (2) M85 is taxed at the rate of11.414.25 cents per 23.30 gallon; and 23.31 (3) all other gasoline is taxed at the rate of2025 cents 23.32 per gallon. 23.33 Sec. 7. Minnesota Statutes 2002, section 296A.08, 23.34 subdivision 2, is amended to read: 23.35 Subd. 2. [RATE OF TAX.] The special fuel excise tax is 23.36 imposed at the following rates: 24.1 (1) Liquefied petroleum gas or propane is taxed at the rate 24.2 of1518.75 cents per gallon. 24.3 (2) Liquefied natural gas is taxed at the rate of1215 24.4 cents per gallon. 24.5 (3) Compressed natural gas is taxed at the rate of$1.73924.6 $2.174 per thousand cubic feet; or2025 cents per gasoline 24.7 equivalent, as defined by the National Conference on Weights and 24.8 Measures, which is 5.66 pounds of natural gas. 24.9 (4) All other special fuel is taxed at the same rate as the 24.10 gasoline excise tax as specified in section 296A.07, subdivision 24.11 2. The tax is payable in the form and manner prescribed by the 24.12 commissioner. 24.13 Sec. 8. Minnesota Statutes 2002, section 297B.09, 24.14 subdivision 1, is amended to read: 24.15 Subdivision 1. [DEPOSIT OF REVENUES.] (a) Money collected 24.16 and received under this chapter must be deposited as provided in 24.17 this subdivision. 24.18 (b)From July 1, 2001, to June 30, 2002, 30.86 percent of24.19the money collected and received must be deposited in the24.20highway user tax distribution fund, and the remaining money must24.21be deposited in the general fund.24.22(c)On and after July 1,20022003,3221 percent of the 24.23 money collected and received must be deposited in the highway 24.24 user tax distribution fund,20.525.5 percent must be deposited 24.25 in the metropolitan area transit fund under section 16A.88,and24.261.252.25 percent must be deposited in the greater Minnesota 24.27 transit fund under section 16A.88, and 5.0 percent must be 24.28 deposited in the transitways fund under section 174.33.In24.29fiscal year 2004 and thereafter, two percent of the money24.30collected and received must be deposited in the metropolitan24.31area transit appropriation account under section 16A.88.The 24.32 remaining money must be deposited in the general fund. 24.33 Sec. 9. [HIGHWAY CONSTRUCTION APPROPRIATIONS.] 24.34 Subdivision 1. [STATE ROAD CONSTRUCTION.] (a) $109,000,000 24.35 in fiscal year 2004 and $116,000,000 in fiscal year 2005 is 24.36 appropriated from the trunk highway fund to the commissioner of 25.1 transportation for state road construction. 25.2 (b) One-half of this appropriation is for trunk highway 25.3 improvements within the seven-county metropolitan area primarily 25.4 for improving traffic flow and expanding highway capacity by 25.5 eliminating bottlenecks and improving segments of at-risk 25.6 interregional corridors within the seven-county area. The 25.7 commissioner may also use this appropriation for accelerating 25.8 transit capital improvements on trunk highways such as shoulder 25.9 bus lanes, bus park-and-ride facilities, and ramp meter-bypass 25.10 facilities. 25.11 (c) One-half of this appropriation is for trunk highway 25.12 improvements outside the seven-county metropolitan area, 25.13 primarily for improving segments of at-risk interregional 25.14 corridors. 25.15 (d) The commissioner may use up to $15,000,000 in fiscal 25.16 year 2004 and $16,000,000 in fiscal year 2005 of this 25.17 appropriation for program delivery. 25.18 Subd. 2. [LOCAL ROAD CONSTRUCTION.] (a) $60,000,000 in 25.19 fiscal year 2004 and $64,000,000 in fiscal year 2005 is 25.20 appropriated from the county state-aid highway fund for county 25.21 state aids. 25.22 (b) $16,000,000 in fiscal year 2004 and $17,000,000 in 25.23 fiscal year 2005 is appropriated from the municipal state-aid 25.24 street fund for municipal state aids. 25.25 (c) These appropriations are in addition to any other 25.26 appropriations made by law for these purposes. 25.27 Subd. 3. [ADVANCE CONSTRUCTION.] (a) Through June 30, 25.28 2005, the commissioner of transportation may spend up to 25.29 $250,000,000 on trunk highway improvements from funds approved 25.30 for expenditure by the Federal Highway Administration and 25.31 designated as advance construction funds. 25.32 (b) The commissioner shall report to the chairs of the 25.33 senate and house of representatives committees with jurisdiction 25.34 over transportation policy and finance by January 15 each year 25.35 regarding the use of advance construction funding in the 25.36 previous and current fiscal year. The report must include an 26.1 analysis of the impact of the use of advance construction 26.2 funding on the trunk highway fund balance and cash flow. The 26.3 report must include an estimate of the amount of additional 26.4 advance construction funding that is available for use in future 26.5 fiscal years and the impact on the department's total road 26.6 construction program. 26.7 Subd. 4. [PROJECT ACCELERATIONS.] The commissioner shall 26.8 utilize the appropriations provided in subdivisions 1 and 3 to 26.9 accelerate the time line for completion or performance of the 26.10 described work on the following trunk highway projects: 26.11 (1) reconstruction of the freeway interchange of marked 26.12 interstate highway 35E (I-35E) and marked interstate highway 694 26.13 (I-694), also known as the "Unweave the Weave" project; 26.14 (2) reconstruction of marked trunk highway 14 from Waseca 26.15 county road 60 west of Janesville to county state-aid highway 5 26.16 east of Waseca; 26.17 (3) addition of protected left-turn lanes and related 26.18 improvements to enhance safety on marked trunk highway 5 in Lake 26.19 Elmo and Baytown township; 26.20 (4) construction of a new bridge on marked trunk highway 95 26.21 at its intersection with I-35E in the city of North Branch; 26.22 (5) reconstruction of the marked trunk highway 36 and 26.23 McKnight Road intersection in Ramsey county; 26.24 (6) reconstruction of the I-94 at Century Avenue and 26.25 McKnight Road intersection in Ramsey county; 26.26 (7) reconstruction of marked trunk highway 65 from I-694 to 26.27 245th Avenue in East Bethel as a divided highway with at least 26.28 three lanes of travel in each direction; 26.29 (8) completion of plans, specifications, and environmental 26.30 impact studies for the reconstruction of marked U.S. Highway 10 26.31 from its intersection with Round Lake Boulevard in the city of 26.32 Coon Rapids to its intersection with the Sherburne-Anoka county 26.33 line in the city of Ramsey; and 26.34 (9) completion of plans, specifications, and environmental 26.35 impact studies for the reconstruction of marked U.S. Highway 10 26.36 from the Sherburne-Anoka county line in the city of Ramsey to 27.1 marked trunk highway 25 in the city of Big Lake. 27.2 The plans required for the projects specified in clauses (8) and 27.3 (9) must include all necessary improvements to affected segments 27.4 of marked trunk highways 169 and 101, and related county and 27.5 city roads, and must provide for future regional facilities such 27.6 as new river crossings and transit facilities. 27.7 Sec. 10. [EFFECTIVE DATES.] 27.8 Section 4 is effective for first registrations in this 27.9 state occurring on or after July 1, 2003, and for renewals of 27.10 registrations that have been assigned expiration dates of August 27.11 2003 or later. All other sections are effective July 1, 2003. 27.12 Sections 6 and 7 apply to all gasoline, undyed diesel fuel, and 27.13 special fuel in distributor storage on July 1, 2003. 27.14 ARTICLE 3 27.15 TRANSPORTATION AND PUBLIC SAFETY 27.16 Section 1. Minnesota Statutes 2002, section 13.44, 27.17 subdivision 3, is amended to read: 27.18 Subd. 3. [REAL PROPERTY; APPRAISAL DATA.] (a) 27.19 [CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 27.20 appraised values of individual parcels of real property which 27.21 are made by personnel of the state, its agencies and 27.22 departments, or a political subdivision or by independent 27.23 appraisers acting for the state, its agencies and departments, 27.24 or a political subdivision for the purpose of selling or 27.25 acquiring land through purchase or condemnation are classified 27.26 as confidential data on individuals or protected nonpublic data. 27.27 (b) [PUBLIC DATA.] The data made confidential or protected 27.28 nonpublic by the provisions of paragraph (a) shall become public 27.29 upon the occurrence of any of the following: 27.30 (1) the negotiating parties exchange appraisals; 27.31 (2) the data are submitted to a court appointed 27.32 condemnation commissioner; 27.33 (3) the data are presented in court in condemnation 27.34 proceedings;or27.35 (4) the negotiating parties enter into an agreement for the 27.36 purchase and sale of the property; or 28.1 (5) the data are submitted to the owner under section 28.2 117.036. 28.3 Sec. 2. Minnesota Statutes 2002, section 16A.88, 28.4 subdivision 1, is amended to read: 28.5 Subdivision 1. [GREATER MINNESOTA TRANSIT FUND.] The 28.6 greater Minnesota transit fund is established within the state 28.7 treasury. Money in the fund is annually appropriated to the 28.8 commissioner of transportation for assistance to transit systems 28.9 outside the metropolitan area under section 174.24. Beginning 28.10 in fiscal year 2003, the commissioner may use up to $400,000 28.11 each year for administration of the transit program. The 28.12 commissioner shall use the fund for transit operations as 28.13 provided in section 174.24 and related program administration. 28.14 Sec. 3. Minnesota Statutes 2002, section 16C.10, 28.15 subdivision 7, is amended to read: 28.16 Subd. 7. [REVERSE AUCTION.] (a) For the purpose of this 28.17 subdivision, "reverse auction" means a purchasing process in 28.18 which vendors compete to provide goods or services at the lowest 28.19 selling price in an open and interactive environment. 28.20 (b) The provisions of section 16C.06, subdivisions 2 and 3, 28.21 do not apply when the commissioner determines that a reverse 28.22 auction is the appropriate purchasing process. 28.23 (c) Notwithstanding any other law, the commissioner of 28.24 transportation may not award contracts for highway construction 28.25 or engineering services using a reverse auction process. 28.26 Sec. 4. [117.036] [APPRAISAL AND NEGOTIATION REQUIREMENTS 28.27 APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION 28.28 PURPOSES.] 28.29 Subdivision 1. [APPLICATION.] This section applies to the 28.30 acquisition of property for public highways, streets, roads, 28.31 alleys, airports, mass transit facilities, or for other 28.32 transportation facilities or purposes. 28.33 Subd. 2. [APPRAISAL.] (a) Before commencing an eminent 28.34 domain proceeding under this chapter, the acquiring authority 28.35 must obtain at least one appraisal for the property proposed to 28.36 be acquired. In making the appraisal, the appraiser must confer 29.1 with one or more of the owners of the property, if reasonably 29.2 possible. At least 20 days before presenting a petition under 29.3 section 117.055, the acquiring authority must provide the owner 29.4 with a copy of the appraisal and inform the owner of the owner's 29.5 right to obtain an appraisal under this section. 29.6 (b) The owner may obtain an appraisal by a qualified 29.7 appraiser of the property proposed to be acquired. The owner is 29.8 entitled to reimbursement for the reasonable costs of the 29.9 appraisal from the acquiring authority up to the limits provided 29.10 by section 117.085 at the time the owner submits the appraisal 29.11 to the acquiring authority, provided that the owner does so 29.12 within 60 days after the owner receives the appraisal from the 29.13 authority under paragraph (a). 29.14 Subd. 3. [NEGOTIATION.] In addition to the appraisal 29.15 requirements under subdivision 2, before commencing an eminent 29.16 domain proceeding, the acquiring authority must make a good 29.17 faith attempt to negotiate personally with the owner of the 29.18 property in order to acquire the property by direct purchase 29.19 instead of the use of eminent domain proceedings. In making 29.20 this negotiation, the acquiring authority must consider the 29.21 appraisals in its possession and other information that may be 29.22 relevant to a determination of damages under this chapter. 29.23 Sec. 5. Minnesota Statutes 2002, section 117.232, 29.24 subdivision 1, is amended to read: 29.25 Subdivision 1. When acquisition of private property is 29.26 accomplished by the state department of transportation by direct 29.27 purchase the owner shall be entitled to reimbursement for 29.28 appraisal fees, not to exceed a total of$500$1,500. When 29.29 acquisition of private property is accomplished by any other 29.30 acquiring authority, the owner is entitled to reimbursement for 29.31 appraisal fees, not to exceed$500$1,500, if the owner is 29.32 otherwise entitled to reimbursement under sections 117.50 to 29.33 117.56. The purchaser in all instances shall inform the owner 29.34 of the right, if any, to reimbursement for appraisal fees 29.35 reasonably incurred, in an amount not to exceed$500$1,500, 29.36 together with relocation costs, moving costs and any other 30.1 related expenses to which an owner is entitled by sections 30.2 117.50 to 117.56. This subdivision does not apply to 30.3 acquisition for utility purposes made by a public service 30.4 corporation organized pursuant to section 300.03 or electric 30.5 cooperative associations organized pursuant to chapter 308A. 30.6 Sec. 6. Minnesota Statutes 2002, section 160.02, is 30.7 amended by adding a subdivision to read: 30.8 Subd. 30. [INTERREGIONAL CORRIDOR.] "Interregional 30.9 corridor" means a state trunk highway outside the seven-county 30.10 metropolitan area that is designated by the commissioner of 30.11 transportation as an interregional corridor, or a high-priority 30.12 regional corridor that is a principal arterial or minor arterial 30.13 and connects the seven-county metropolitan area with a regional 30.14 trade center. 30.15 Sec. 7. [160.235] [COOPERATION WITH HIGHWAY CLEANUP 30.16 VOLUNTEERS.] 30.17 To the extent feasible and practicable, road authorities 30.18 shall cooperate and coordinate their right-of-way activities 30.19 with the highway cleanup efforts of the volunteers participating 30.20 in any adopt-a-highway program or similar program to keep the 30.21 road, street, and highway rights-of-way free of rubbish. 30.22 Sec. 8. Minnesota Statutes 2002, section 160.28, is 30.23 amended by adding a subdivision to read: 30.24 Subd. 3. [REST AREA LEASE AGREEMENTS.] (a) The 30.25 commissioner may enter into lease agreements with local units of 30.26 government or private or nonprofit entities, relating to the use 30.27 of highway rest areas. 30.28 (b) A lease agreement may: 30.29 (1) prescribe a term of up to five years, and may be 30.30 renewable for additional terms; 30.31 (2) provide that some or all of the consideration to be 30.32 furnished by the lessee may be in the form of in-kind 30.33 contribution to the improvement, maintenance, or operation of 30.34 the rest area; 30.35 (3) allow the lessee to add leasehold improvements to the 30.36 site; and 31.1 (4) allow the lessee to operate part of the rest area 31.2 facility, and to offer for sale, products or services which the 31.3 commissioner deems appropriate to sell in a highway rest stop. 31.4 (c) A lease agreement for a rest stop on a trunk highway or 31.5 interstate highway is subject to section 160.282 and must allow 31.6 for the commissioner to negotiate maintenance service agreements 31.7 that promote and encourage the employment of needy, elderly 31.8 persons. 31.9 (d) Revenues from leases authorized under this section must 31.10 be deposited in a highway rest stop lease account in the special 31.11 revenue fund. Money in the account is appropriated to the 31.12 commissioner of transportation to administer the highway rest 31.13 stop program. 31.14 Sec. 9. [160.93] [USER FEES; HIGH-OCCUPANCY VEHICLE 31.15 LANES.] 31.16 Subdivision 1. [FEES AUTHORIZED.] To improve efficiency 31.17 and provide more options to individuals traveling in a trunk 31.18 highway corridor, the commissioner of transportation may charge 31.19 user fees to owners of single-occupant vehicles using designated 31.20 high-occupancy vehicle lanes. The fees may be collected using 31.21 electronic or other toll-collection methods and may vary in 31.22 amount with the time of day and level of traffic congestion 31.23 within the corridor. The commissioner shall consult with the 31.24 metropolitan council and obtain necessary federal authorizations 31.25 before implementing user fees on a high-occupancy vehicle lane. 31.26 Subd. 2. [DEPOSIT OF REVENUES; APPROPRIATION.] Money 31.27 collected from fees authorized under subdivision 1 must be 31.28 deposited in a high-occupancy vehicle lane user fee account in 31.29 the special revenue fund. The amount necessary to implement and 31.30 administer a high-occupancy vehicle lane user fee is 31.31 appropriated from the account to the commissioner. Funds in 31.32 excess of the amount necessary to implement and administer the 31.33 user fee are appropriated to the metropolitan council and must 31.34 be used to improve transit and carpooling services within the 31.35 corridor. 31.36 Subd. 3. [EXEMPTIONS.] With respect to this section, the 32.1 commissioner is exempt from statutory rulemaking requirements 32.2 and from sections 160.84 to 160.92 and 161.162 to 161.167. 32.3 Subd. 4. [ENFORCEMENT.] A person who violates subdivision 32.4 1 is guilty of a petty misdemeanor and is subject to sections 32.5 169.89, subdivisions 1, 2, and 4, and 169.891 and any other 32.6 provision of chapter 169 applicable to the commission of a petty 32.7 misdemeanor traffic offense. 32.8 Sec. 10. Minnesota Statutes 2002, section 161.04, is 32.9 amended by adding a subdivision to read: 32.10 Subd. 5. [TRUNK HIGHWAY CORRIDOR PROTECTION REVOLVING LOAN 32.11 ACCOUNT.] A trunk highway corridor protection revolving loan 32.12 account is established in the trunk highway fund to make loans 32.13 for the purposes described in section 161.087, subdivision 2. 32.14 Money received under section 161.087 for this account from any 32.15 source must be paid into the trunk highway fund and credited to 32.16 the account. Money in the account is annually appropriated to 32.17 the commissioner of transportation for the purposes specified in 32.18 section 161.04 and does not lapse. The account must be credited 32.19 with investment income and with repayments of principal, rents, 32.20 sale proceeds, and other money related to the ownership of the 32.21 property acquired with loan proceeds. 32.22 Sec. 11. [161.087] [TRUNK HIGHWAY CORRIDOR PROTECTION 32.23 REVOLVING LOAN ACCOUNT.] 32.24 Subdivision 1. [PURPOSE.] The purpose of the trunk highway 32.25 corridor protection revolving loan account is to provide loans 32.26 to road authorities outside the metropolitan area as defined in 32.27 section 473.121 for the purchase of property within their 32.28 jurisdictions. To be eligible for purchase with loan proceeds, 32.29 the property must be located within the right-of-way of a state 32.30 trunk highway shown on an official map adopted under section 32.31 394.361 or 462.359 in anticipation of a trunk highway 32.32 construction, reconstruction, or improvement project that is not 32.33 programmed in the department's ten-year plan, but is identified 32.34 in the department's 20-year district plans that cover the 32.35 counties outside the metropolitan area. The loans do not bear 32.36 interest. 33.1 Subd. 2. [PROPERTY ELIGIBLE FOR PURCHASE WITH LOAN 33.2 PROCEEDS.] Money in the account must be used to make loans only 33.3 to purchase property described in subdivision 1 under one or 33.4 more of the following conditions: 33.5 (1) the property is primarily undeveloped, and there is a 33.6 reasonable probability that the property will increase in value 33.7 before highway construction; 33.8 (2) the property is subject to imminent conversion to a use 33.9 which would jeopardize its availability for highway 33.10 construction; 33.11 (3) open market opportunities exist making developed 33.12 properties available for sale, provided all parties involved 33.13 agree to the sale; or 33.14 (4) the property is homestead and cannot be sold at its 33.15 appraised fair market value due to its location in a future 33.16 trunk highway right-of-way as indicated on an official map, and 33.17 the owner requests acquisition from the road authority. 33.18 Subd. 3. [LOAN APPLICATION.] A road authority outside the 33.19 metropolitan area may apply for a loan from the account by 33.20 submitting an application to the department on a form prescribed 33.21 by the department. The applicant must state the estimated cost 33.22 of the proposed acquisition and other possible sources of 33.23 funding in addition to the loan sought. 33.24 Subd. 4. [LOAN REPAYMENT THROUGH CONVEYANCE TO 33.25 COMMISSIONER.] A road authority that borrows money from the 33.26 account shall hold the acquired property until it is conveyed to 33.27 the commissioner to allow for construction of the trunk highway, 33.28 except as otherwise provided in subdivision 5. Conveyance by 33.29 the road authority of the property, together with all rents and 33.30 other money received by virtue of the road authority's ownership 33.31 of the property, shall constitute full repayment of the loan. 33.32 Subd. 5. [LOAN REPAYMENT AFTER SALE OF PROPERTY.] Upon the 33.33 commissioner's notification to the road authority that the plan 33.34 to construct the highway has been abandoned or the location of 33.35 the proposed highway has changed, the road authority shall sell 33.36 the property at market value in accordance with the procedures 34.1 required for the disposition of property. All rents, sale 34.2 proceeds, and other money received by the road authority by 34.3 virtue of its ownership of the property and all proceeds from 34.4 the conveyance or sale of the property shall be paid to the 34.5 commissioner and shall constitute full repayment of the loan. 34.6 Sec. 12. Minnesota Statutes 2002, section 161.20, 34.7 subdivision 3, is amended to read: 34.8 Subd. 3. [TRUNK HIGHWAY FUND APPROPRIATIONS.] The 34.9 commissioner may expend trunk highway funds only for trunk 34.10 highway purposes. Payment of expenses related tosales tax,34.11 bureau of criminal apprehension laboratory, office of tourism 34.12 kiosks, Minnesota safety council, tort claims, driver education 34.13 programs, emergency medical services board, and Mississippi 34.14 River parkway commission do not further a highway purpose and do 34.15 not aid in the construction, improvement, or maintenance of the 34.16 highway system. 34.17 [EFFECTIVE DATE.] This section is effective the day 34.18 following final enactment. 34.19 Sec. 13. [161.368] [HIGHWAY MAINTENANCE, DESIGN, AND 34.20 CONSTRUCTION CONTRACT WITH TRIBAL AUTHORITIES.] 34.21 On behalf of the state, the commissioner may enter into 34.22 agreements with Indian tribal authorities for the purpose of 34.23 providing maintenance, design, and construction to highways on 34.24 tribal lands. These agreements may include (1) a provision for 34.25 waiver of immunity from suit by a party to the contract on the 34.26 part of the tribal authority with respect to any controversy 34.27 arising out of the contract and (2) a provision conferring 34.28 jurisdiction on state district courts to hear such a controversy. 34.29 Sec. 14. Minnesota Statutes 2002, section 163.11, is 34.30 amended by adding a subdivision to read: 34.31 Subd. 4a. [DESIGNATION AS COUNTY CARTWAY.] A county board 34.32 that has vacated a county highway under subdivision 4 may 34.33 designate, as part of the vacating resolution, the former county 34.34 highway as a county cartway. A highway designated as a county 34.35 cartway is a county highway for purposes of this chapter, but 34.36 the county board may not expend money from its road and bridge 35.1 fund on the maintenance or improvement of a county cartway 35.2 unless the county board determines that the expenditure is in 35.3 the public interest. With the exception of the process provided 35.4 in subdivision 5a, a county highway right-of-way that has been 35.5 vacated, extinguished, or otherwise removed from the county 35.6 highway system may not revert to a town. 35.7 Sec. 15. Minnesota Statutes 2002, section 163.11, is 35.8 amended by adding a subdivision to read: 35.9 Subd. 9. [TRANSFER OF JURISDICTION OVER COUNTY 35.10 HIGHWAY.] Notwithstanding subdivision 5, the county board may 35.11 transfer jurisdiction and ownership of a county highway to 35.12 another road authority, an agency of the United States, an 35.13 agency of the state, or to an Indian tribe upon agreement 35.14 between the county and the authority, agency, or tribe to which 35.15 the transfer is being made. Subdivision 5a provides the 35.16 exclusive method of county highway reversion to towns. 35.17 Sec. 16. Minnesota Statutes 2002, section 164.08, 35.18 subdivision 2, is amended to read: 35.19 Subd. 2. [MANDATORY ESTABLISHMENT; CONDITIONS.] (a) Upon 35.20 petition presented to the town board by the owner of a tract of 35.21 land containing at least five acres, who has no access thereto 35.22 except over a navigable waterway or over the lands of others, or 35.23 whose access thereto is less than two rods in width, the town 35.24 board by resolution shall establish a cartway at least two rods 35.25 wide connecting the petitioner's land with a public road. A 35.26 town board shall establish a cartway upon a petition of an owner 35.27 of a tract of land that, as of January 1, 1998, was on record as 35.28 a separate parcel, contained at least two but less than five 35.29 acres, and has no access thereto except over a navigable 35.30 waterway or over the lands of others. The town board may select 35.31 an alternative route other than that petitioned for if the 35.32 alternative is deemed by the town board to be less disruptive 35.33 and damaging to the affected landowners and in the public's best 35.34 interest. 35.35 (b) In an unorganized territory, the board of county 35.36 commissioners of the county in which the tract is located shall 36.1 act as the town board. The proceedings of the town board shall 36.2 be in accordance with section 164.07. 36.3 (c) The amount of damages shall be paid by the petitioner 36.4 to the town before such cartway is opened. For the purposes of 36.5 this subdivision damages shall mean the compensation, if any, 36.6 awarded to the owner of the land upon which the cartway is 36.7 established together with the cost of professional and other 36.8 services, hearing costs, administrative costs, recording costs, 36.9 and other costs and expenses which the town may incur in 36.10 connection with the proceedings for the establishment of the 36.11 cartway. The town board may by resolution require the 36.12 petitioner to post a bond or other security acceptable to the 36.13 board for the total estimated damages before the board takes 36.14 action on the petition. 36.15 (d) Town road and bridge funds shall not be expended on the 36.16 cartway unless the town board, or the county board acting as the 36.17 town board in the case of a cartway established in an 36.18 unorganized territory, by resolution determines that an 36.19 expenditure is in the public interest. If no resolution is 36.20 adopted to that effect, the grading or other construction work 36.21 and the maintenance of the cartway is the responsibility of the 36.22 petitioner, subject to the provisions of section 164.10. 36.23 (e) After the cartway has been constructed the town board, 36.24 or the county board in the case of unorganized territory, may by 36.25 resolution designate the cartway as a private driveway with the 36.26 written consent of the affected landowner in which case from the 36.27 effective date of the resolution no town road and bridge funds 36.28 shall be expended for maintenance of the driveway; provided that 36.29 the cartway shall not be vacated without following the vacation 36.30 proceedings established under section 164.07. 36.31 Sec. 17. Minnesota Statutes 2002, section 168.011, 36.32 subdivision 22, is amended to read: 36.33 Subd. 22. [SPECIAL MOBILE EQUIPMENT.] "Special mobile 36.34 equipment" means every vehicle not designed or used primarily 36.35 for the transportation of persons or property and only 36.36 incidentally operated or moved over a highway, including but not 37.1 limited to: ditch-digging apparatuses, moving dollies, pump 37.2 hoists and other water well-drilling equipment registered under 37.3 chapter 103I, street-sweeping vehicles, and other machinery such 37.4 as asphalt spreaders, bituminous mixers, bucket loaders, 37.5 tractors other than truck-tractors, ditchers, leveling graders, 37.6 finishing machines, motor graders, road rollers, scarifiers, 37.7 truck-mounted log loaders, earth-moving carryalls, scrapers, 37.8 power shovels, draglines, self-propelled cranes, and 37.9 earth-moving equipment. The term does not include travel 37.10 trailers, dump trucks, truck-mounted transit mixers, 37.11 truck-mounted feed grinders, or other motor vehicles designed 37.12 for the transportation of persons or property to which machinery 37.13 has been attached. 37.14 Sec. 18. Minnesota Statutes 2002, section 168.013, 37.15 subdivision 3, is amended to read: 37.16 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 37.17 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 37.18 gross weight shall state the unloaded weight of the motor 37.19 vehicle, trailer, or semitrailer and the maximum load the 37.20 applicant proposes to carry on it, the sum of which constitutes 37.21 the gross weight upon which the license tax must be paid. 37.22 However, the declared gross weight upon which the tax is paid 37.23 must not be less than 1-1/4 times the declared unloaded weight 37.24 of the motor vehicle, trailer, or semitrailer to be registered, 37.25 except recreational vehicles taxed under subdivision 1g, school 37.26 buses taxed under subdivision 18, and tow trucks or towing 37.27 vehicles defined in section 169.01, subdivision 52. The gross 37.28 weight of a tow truck or towing vehicle is the actual weight of 37.29 the tow truck or towing vehicle fully equipped, but does not 37.30 include the weight of a wrecked or disabled vehicle towed or 37.31 drawn by the tow truck or towing vehicle. 37.32 (b) The gross weight of a motor vehicle, trailer, or 37.33 semitrailer must not exceed the gross weight upon which the 37.34 license tax has been paid by more than four percent or 1,000 37.35 pounds, whichever is greater; 37.36 provided that, a vehicle transporting unfinished forest products 38.1 on a highway, other than a highway that is part of the system of 38.2 interstate and defense highways, in accordance with paragraph 38.3 (d)(3): 38.4 (1) shall not exceed its gross vehicle weight upon which 38.5 the license tax has been paid, or gross axle weight on any axle, 38.6 by more than five percent and, notwithstanding other law to the 38.7 contrary, is not subject to any fee, fine, or other assessment 38.8 or penalty for exceeding a gross vehicle or axle weight by up to 38.9 five percent; and 38.10 (2) between the dates set by the commissioner in accordance 38.11 with section 169.826, subdivision 1, is not subject to any 38.12 provision of paragraph (d) or chapter 169 limiting the gross 38.13 axle weight of any individual axle unless the entire vehicle 38.14 also exceeds its gross vehicle weight plus its weight allowance 38.15 allowed in clause (1) and plus any weight allowance permitted 38.16 under section 169.826, in which case the vehicle is subject to 38.17 all applicable penalties for excess weight violations. 38.18 (c) The gross weight of the motor vehicle, trailer, or 38.19 semitrailer for which the license tax is paid must be indicated 38.20 by a distinctive character on the license plate or plates except 38.21 as provided in subdivision 12 and the plate or plates must be 38.22 kept clean and clearly visible at all times. 38.23 (d) The owner, driver, or user of a motor vehicle, trailer, 38.24 or semitrailer, upon conviction for transporting a gross weight 38.25 in excess of the gross weight for which it was registered or for 38.26 operating a vehicle with an axle weight exceeding the maximum 38.27 lawful axle load weight, is guilty of a misdemeanor and subject 38.28 to increased registration or reregistration according to the 38.29 following schedule: 38.30 (1) Upon conviction for transporting a gross weight in 38.31 excess of the gross weight for which a motor vehicle, trailer, 38.32 or semitrailer is registered by more than the allowance set 38.33 forth in paragraph (b) but less than 25 percent, or for 38.34 operating or using a motor vehicle, trailer, or semitrailer with 38.35 an axle weight exceeding the maximum lawful axle load as 38.36 provided in sections 169.822 to 169.829 by more than the 39.1 allowance set forth in paragraph (b) but less than 25 percent, 39.2 the owner, driver, or user of the motor vehicle, trailer, or 39.3 semitrailer used to commit the violation, in addition to any 39.4 penalty imposed for the misdemeanor, shall apply to the 39.5 registrar to increase the authorized gross weight to be carried 39.6 on the vehicle to a weight equal to or greater than the gross 39.7 weight the owner, driver, or user was convicted of carrying. 39.8 The increase is computed for the balance of the calendar year on 39.9 the basis of 1/12 of the annual tax for each month remaining in 39.10 the calendar year beginning with the first day of the month in 39.11 which the violation occurred. If the additional registration 39.12 tax computed upon that weight, plus the tax already paid, 39.13 amounts to more than the regular tax for the maximum gross 39.14 weight permitted for the vehicle under sections 169.822 to 39.15 169.829, that additional amount must nevertheless be paid into 39.16 the highway fund, but the additional tax thus paid does not 39.17 authorize or permit any person to operate the vehicle with a 39.18 gross weight in excess of the maximum legal weight as provided 39.19 by sections 169.822 to 169.829. Unless the owner within 30 days 39.20 after a conviction applies to increase the authorized weight and 39.21 pays the additional tax as provided in this section, the 39.22 registrar shall revoke the registration on the vehicle and 39.23 demand the return of the registration card and plates issued on 39.24 that registration. 39.25 (2) Upon conviction of an owner, driver, or user of a motor 39.26 vehicle, trailer, or semitrailer for transporting a gross weight 39.27 in excess of the gross weight for which the motor vehicle, 39.28 trailer, or semitrailer was registered by 25 percent or more or 39.29 for operating or using the vehicle or trailer with an axle 39.30 weight exceeding the maximum lawful axle load as provided in 39.31 sections 169.822 to 169.829 by 25 percent or more, and in 39.32 addition to any penalty imposed for the misdemeanor, the 39.33 registrar shall either (i) cancel the reciprocity privileges on 39.34 the vehicle involved if the vehicle is being operated under 39.35 reciprocity or (ii) if the vehicle is not being operated under 39.36 reciprocity, cancel the certificate of registration on the 40.1 vehicle operated and demand the return of the registration 40.2 certificate and registration plates. The registrar may not 40.3 cancel the registration or reciprocity privileges for any 40.4 vehicle found in violation of seasonal load restrictions imposed 40.5 under section 169.87 unless the axle weight exceeds the 40.6 year-round weight limit for the highway on which the violation 40.7 occurred. The registrar may investigate any allegation of gross 40.8 weight violations and demand that the operator show cause why 40.9 all future operating privileges in the state should not be 40.10 revoked unless the additional tax assessed is paid. 40.11 (3) Clause (1) does not apply to the first haul of 40.12 unprocessed or raw farm products or unfinished forest products, 40.13 when the registered gross weight is not exceeded by more than 40.14 ten percent. For purposes of this clause, "first haul" means 40.15 (i) the first, continuous transportation of unprocessed or raw 40.16 farm products from the place of production or on-farm storage 40.17 site to any other location within 50 miles of the place of 40.18 production or on-farm storage site, or (ii) the continuous or 40.19 noncontinuous transportation of unfinished forest products from 40.20 the place of production to the place of final processing or 40.21 manufacture located within 200 miles of the place of production. 40.22 (4) When the registration on a motor vehicle, trailer, or 40.23 semitrailer is revoked by the registrar according to this 40.24 section, the vehicle must not be operated on the highways of the 40.25 state until it is registered or reregistered, as the case may 40.26 be, and new plates issued, and the registration fee is the 40.27 annual tax for the total gross weight of the vehicle at the time 40.28 of violation. The reregistration pursuant to this subdivision 40.29 of any vehicle operating under reciprocity agreements pursuant 40.30 to section 168.181 or 168.187 must be at the full annual 40.31 registration fee without regard to the percentage of vehicle 40.32 miles traveled in this state. 40.33 Sec. 19. Minnesota Statutes 2002, section 168.12, 40.34 subdivision 2e, is amended to read: 40.35 Subd. 2e. [VOLUNTEER AMBULANCE ATTENDANTS; SPECIAL 40.36 PLATES.] (a) The registrar shall issue special license plates to 41.1 an applicant who is a volunteer ambulance attendant as defined 41.2 in section 144E.001, subdivision 15, and who owns or jointly 41.3 owns a motor vehicle taxed as a passenger automobile. The 41.4 registrar shall issue the special plates on payment of the 41.5 registration tax required by law for the vehicle, compliance 41.6 with all other applicable laws relating to registration and 41.7 licensing of motor vehicles and drivers, and payment of an 41.8 additional fee of $10. The registrar shall not issue more than 41.9one settwo sets of these plates to each qualified applicant. 41.10 (b) A person may use special plates issued under this 41.11 subdivision only during the period that the person is a 41.12 volunteer ambulance attendant. When the person to whom the 41.13 special plates were issued ceases to be a volunteer ambulance 41.14 attendant,orthe person shall return each set of special plates 41.15 issued to that person. When ownership ofthea vehicle is 41.16 transferred, the person shall remove the special plates fromthe41.17 that vehicle and return them to the registrar. On return ofthe41.18 each set of plates, the owner of the vehicle, or new owner in 41.19 case of a transferred vehicle, is entitled to receive regular 41.20 license plates for the vehicle without cost for the rest of the 41.21 registration period for which the set of special plates were 41.22 issued. Special plates issued under this subdivision may be 41.23 transferred to another vehicle owned by the volunteer ambulance 41.24 attendant on payment of a fee of $5. 41.25 (c) The fees specified in this subdivision must be paid 41.26 into the state treasury and deposited in the highway user tax 41.27 distribution fund. 41.28 (d) The commissioner may adopt rules governing the design, 41.29 issuance, and sale of the special plates authorized by this 41.30 subdivision. 41.31 Sec. 20. Minnesota Statutes 2002, section 168.12, 41.32 subdivision 5, is amended to read: 41.33 Subd. 5. [ADDITIONAL FEE.] (a) In addition to any fee 41.34 otherwise authorized or any tax otherwise imposed upon any motor 41.35 vehicle, the payment of which is required as a condition to the 41.36 issuance of any number license plate or plates, the commissioner 42.1 of public safetymayshall imposeathe fee specified in 42.2 paragraph (b) that is calculated to cover the cost of 42.3 manufacturing and issuing the license plate or plates, except 42.4 for license plates issued to disabled veterans as defined in 42.5 section 168.031 and license plates issued pursuant to section 42.6 168.124, 168.125, or 168.27, subdivisions 16 and 17, for 42.7 passenger automobiles. Graphic design license plates shall only 42.8 be issued for vehicles registered pursuant to section 168.017 42.9 and recreational vehicles registered pursuant to section 42.10 168.013, subdivision 1g. 42.11 (b) Unless otherwise specified or exempted by statute, the 42.12 following plate and validation sticker fees apply for the 42.13 original, duplicate, or replacement issuance of a plate in a 42.14 plate year: 42.15 Sequential Double Plate $ 4.25 42.16 Sequential Special Plate-Double $ 7.00 42.17 Sequential Single Plate $ 3.00 42.18 Sequential Special Plate-Single $ 5.50 42.19 Self-Adhesive Plate $ 2.50 42.20 Nonsequential Double Plate $14.00 42.21 Nonsequential Single Plate $10.00 42.22 Duplicate Sticker $ 1.00 42.23 (c) Fees collected under this subdivision must be paid into 42.24 the state treasury and credited to the highway user tax 42.25 distribution fund. 42.26 Sec. 21. Minnesota Statutes 2002, section 168.54, 42.27 subdivision 4, is amended to read: 42.28 Subd. 4. [TRANSFER FEE.] A fee of$2$3 is imposed upon 42.29 every transfer of ownership by the commissioner of public safety 42.30 of any motor vehicle for which a registration certificate has 42.31 heretofore been issued under this chapter, except vehicles sold 42.32 for the purposes of salvage or dismantling or permanent removal 42.33 from the state. 42.34 Sec. 22. Minnesota Statutes 2002, section 168A.29, 42.35 subdivision 1, is amended to read: 42.36 Subdivision 1. [AMOUNTS.] (a) The department shall be paid 43.1 the following fees: 43.2 (1) for filing an application for and the issuance of an 43.3 original certificate of title, the sum of$2$3; 43.4 (2) for each security interest when first noted upon a 43.5 certificate of title, including the concurrent notation of any 43.6 assignment thereof and its subsequent release or satisfaction, 43.7 the sum of $2, except that no fee is due for a security interest 43.8 filed by a public authority under section 168A.05, subdivision 43.9 8; 43.10 (3) for the transfer of the interest of an owner and the 43.11 issuance of a new certificate of title, the sum of$2$3; 43.12 (4) for each assignment of a security interest when first 43.13 noted on a certificate of title, unless noted concurrently with 43.14 the security interest, the sum of $1; 43.15 (5) for issuing a duplicate certificate of title, the sum 43.16 of $4. 43.17 (b) After June 30, 1994, in addition to each of the fees 43.18 required under paragraph (a), clauses (1) and (3), the 43.19 department shall be paid $3.50. The additional fee collected 43.20 under this paragraph must be deposited in the special revenue 43.21 fund and credited to the public safety motor vehicle account 43.22 established in section 299A.70. 43.23 Sec. 23. Minnesota Statutes 2002, section 169.01, is 43.24 amended by adding a subdivision to read: 43.25 Subd. 91. [SCHOOL ZONE.] "School zone" means that section 43.26 of a street or highway which abuts the grounds of a school where 43.27 children have access to the street or highway from the school 43.28 property or where an established school crossing is located 43.29 provided the school advance sign prescribed by the manual on 43.30 uniform traffic control devices adopted by the commissioner of 43.31 transportation pursuant to section 169.06 is in place. All 43.32 signs erected by local authorities to designate speed limits in 43.33 school zones must conform to the manual on uniform control 43.34 devices. 43.35 Sec. 24. Minnesota Statutes 2002, section 169.09, 43.36 subdivision 1, is amended to read: 44.1 Subdivision 1. [DRIVER TO STOP FOR ACCIDENT WITH PERSON.] 44.2 The driver of any vehicle involved in an accident resulting in 44.3 immediately demonstrable bodily injury to or death of any 44.4 person, or resulting in bodily injury alleged by any person and 44.5 made known to the driver, shall immediately stop the vehicle at 44.6 the scene of the accident, or as close to the scene as possible, 44.7 but shall then return to and in every event, shall remain at, 44.8 the scene of the accident until the driver has notified the 44.9 appropriate law enforcement agency according to subdivision 6 44.10 and fulfilled the requirements of this chapter as to the giving 44.11 of information. The stop shall be made without unnecessarily 44.12 obstructing traffic. 44.13 [EFFECTIVE DATE.] This section is effective July 1, 2003, 44.14 and applies to accidents occurring on and after that date. 44.15 Sec. 25. Minnesota Statutes 2002, section 169.14, 44.16 subdivision 2, is amended to read: 44.17 Subd. 2. [SPEED LIMITS.] (a) Where no special hazard 44.18 exists the following speeds shall be lawful, but any speeds in 44.19 excess of such limits shall be prima facie evidence that the 44.20 speed is not reasonable or prudent and that it is unlawful; 44.21 except that the speed limit within any municipality shall be a 44.22 maximum limit and any speed in excess thereof shall be unlawful: 44.23 (1) 30 miles per hour in an urban district or on a town 44.24 road in a rural residential district; 44.25 (2) 65 miles per hour on non-Interstate freeways and 44.26 expressways, as defined in section 160.02, subdivision 19; 44.27 (3) 55 miles per hour in locations other than those 44.28 specified in this section; 44.29 (4) 70 miles per hour on Interstate highways outside the 44.30 limits of any urbanized area with a population of greater than 44.31 50,000 as defined by order of the commissioner of 44.32 transportation; 44.33 (5) 65 miles per hour on Interstate highways inside the 44.34 limits of any urbanized area with a population of greater than 44.35 50,000 as defined by order of the commissioner of 44.36 transportation; 45.1 (6) ten miles per hour in alleys;and45.2 (7) 25 miles per hour in residential roadways if adopted by 45.3 the road authority having jurisdiction over the residential 45.4 roadway; and 45.5 (8) 25 miles per hour in school zones. 45.6 (b) A speed limit adopted under paragraph (a), clause (7), 45.7 is not effective unless the road authority has erected signs 45.8 designating the speed limit and indicating the beginning and end 45.9 of the residential roadway on which the speed limit applies. 45.10 (c) For purposes of this subdivision, "rural residential 45.11 district" means the territory contiguous to and including any 45.12 town road within a subdivision or plat of land that is built up 45.13 with dwelling houses at intervals of less than 300 feet for a 45.14 distance of one-quarter mile or more. 45.15 [EFFECTIVE DATE.] This section is effective September 1, 45.16 2003. 45.17 Sec. 26. Minnesota Statutes 2002, section 169.14, 45.18 subdivision 4, is amended to read: 45.19 Subd. 4. [ESTABLISHMENT OF ZONES BY COMMISSIONER.] Except 45.20 as provided in subdivision 5a, on determining upon the basis of 45.21 an engineering and traffic investigation that any speed set 45.22 forth in this section is greater or less than is reasonable or 45.23 safe under the conditions found to exist on any trunk highway or 45.24 upon any part thereof, the commissioner may erect appropriate 45.25 signs designating a reasonable and safe speed limit thereat, 45.26 which speed limit shall be effective when such signs are 45.27 erected. Any speeds in excess of such limits shall be prima 45.28 facie evidence that the speed is not reasonable or prudent and 45.29 that it is unlawful; except that any speed limit within any 45.30 municipality or within any school zone shall be a maximum limit 45.31 and any speed in excess thereof shall be unlawful. On 45.32 determining upon that basis that a part of the trunk highway 45.33 system outside a municipality should be a zone of maximum speed 45.34 limit, the commissioner may establish that part as such a zone 45.35 by erecting appropriate signs showing the beginning and end of 45.36 the zone, designating a reasonable and safe speed therefor, 46.1 which may be different than the speed set forth in this section, 46.2 and that it is a zone of maximum speed limit. The speed so 46.3 designated by the commissioner within any such zone shall be a 46.4 maximum speed limit, and speed in excess of such limit shall be 46.5 unlawful. The commissioner may in the same manner from time to 46.6 time alter the boundary of such a zone and the speed limit 46.7 therein or eliminate such zone. 46.8 [EFFECTIVE DATE.] This section is effective September 1, 46.9 2003. 46.10 Sec. 27. Minnesota Statutes 2002, section 169.14, 46.11 subdivision 5a, is amended to read: 46.12 Subd. 5a. [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) A 46.13 localauthoritiesauthority, with the agreement of a school 46.14 board or nonpublic school administration, may establish aschool46.15 speed limit that is less than 25 miles per hour within a school 46.16 zone of a public or nonpublic schoolupon the basis of an46.17engineering and traffic investigation as prescribed by the46.18commissioner of transportationlocated on a street or highway 46.19 within the jurisdiction of the local authority. The 46.20 establishment of a school speed limit that is more than or less 46.21 than 25 miles per hour on any trunk highway shall bewith the46.22consentby agreement of the commissioner of transportation and 46.23 the school board or the administrator in the case of a nonpublic 46.24 school. A school zone speed limit that is less than 25 miles 46.25 per hour on August 31, 2003, remains unchanged unless a 46.26 different speed limit is established in accordance with this 46.27 paragraph. Such school speed limits shall be in effect when 46.28 children are present, going to or leaving school during opening 46.29 or closing hours or during school recess periods.The school46.30speed limit shall not be lower than 15 miles per hour and shall46.31not be more than 20 miles per hour below the established speed46.32limit on an affected street or highway if the established speed46.33limit is 40 miles per hour or greater.46.34 (b) The school speed limit shall be effective upon the 46.35 erection of appropriate signs designating the speed and 46.36 indicating the beginning and end of the reduced speed zone. Any 47.1 speed in excess of such posted school speed limit is unlawful. 47.2 All such signs shall be erected by the local authorities on 47.3 those streets and highways under their respective jurisdictions 47.4 and by the commissioner of transportation on trunk highways. 47.5 (c)For the purpose of this subdivision, "school zone"47.6means that section of a street or highway which abuts the47.7grounds of a school where children have access to the street or47.8highway from the school property or where an established school47.9crossing is located provided the school advance sign prescribed47.10by the manual on uniform traffic control devices adopted by the47.11commissioner of transportation pursuant to section 169.06 is in47.12place. All signs erected by local authorities to designate47.13speed limits in school zones shall conform to the manual on47.14uniform control devices.47.15(d)Notwithstanding section 609.0331 or 609.101 or other 47.16 law to the contrary, a person who violates a speed limit 47.17 established under this subdivision is assessed an additional 47.18 surcharge equal to the amount of the fine imposed for the 47.19 violation, but not less than $25. 47.20 [EFFECTIVE DATE.] This section is effective September 1, 47.21 2003. 47.22 Sec. 28. Minnesota Statutes 2002, section 169.18, 47.23 subdivision 7, is amended to read: 47.24 Subd. 7. [LANED HIGHWAY.] When any roadway has been 47.25 divided into two or more clearly marked lanes for traffic, the 47.26 following rules, in addition to all others consistent herewith, 47.27 shall apply: 47.28 (a) A vehicle shall be driven as nearly as practicable 47.29 entirely within a single lane and shall not be moved from such 47.30 lane until the driver has first ascertained that such movement 47.31 can be made with safety. 47.32 (b) Upon a roadway which is not a one-way roadway and which 47.33 is divided into three lanes, a vehicle shall not be driven in 47.34 the center lane except when overtaking and passing another 47.35 vehicle where the roadway is clearly visible and such center 47.36 lane is clear of traffic within a safe distance, or in 48.1 preparation for a left turn or where such center lane is at the 48.2 time allocated exclusively to traffic moving in the direction 48.3 the vehicle is proceeding, and is signposted to give notice of 48.4 such allocation. The left lane of a three-lane roadway which is 48.5 not a one-way roadway shall not be used for overtaking and 48.6 passing another vehicle. 48.7 (c) Official signs may be erected directing slow-moving 48.8 traffic to use a designated lane or allocating specified lanes 48.9 to traffic moving in the same direction, and drivers of vehicles 48.10 shall obey the directions of every such sign. 48.11 (d) Whenever a bicycle lane has been established on a 48.12 roadway, any person operating a motor vehicle on such roadway 48.13 shall not drive in the bicycle lane except to park where parking 48.14 is permitted, to enter or leave the highway, or to prepare for a 48.15 turn as provided in section 169.19, subdivision 1. 48.16 (e) Except when necessary to yield to emergency vehicles or 48.17 to reach a left highway exit, a vehicle may be driven in a lane 48.18 to the left of one or more other lanes only when the vehicle is 48.19 overtaking slower-moving traffic to the right, or otherwise only 48.20 when the vehicle can safely operate in the left lane without 48.21 obstructing traffic. 48.22 Sec. 29. Minnesota Statutes 2002, section 169.42, 48.23 subdivision 1, is amended to read: 48.24 Subdivision 1. [DANGEROUS OBJECT ON HIGHWAY.] No person 48.25 shall throw, deposit, place or dump, or cause to be thrown, 48.26 deposited, placed or dumped upon any street or highway or upon 48.27 any public or privately owned land adjacent thereto without the 48.28 owner's consent any snow, ice, cigarettes, glass bottle, glass, 48.29 nails, tacks, wire, cans, garbage, swill, papers, ashes, refuse, 48.30 carcass of any dead animal, offal, trash or rubbish or any other 48.31 form of offensive matter or any other substance likely to injure 48.32 any person, animal or vehicle upon any such street or highway. 48.33 Sec. 30. Minnesota Statutes 2002, section 169.42, 48.34 subdivision 5, is amended to read: 48.35 Subd. 5. [MISDEMEANOR.] Any person violating the 48.36 provisions of this section is guilty of a misdemeanor. The 49.1 record of any conviction of or plea of guilty under this section 49.2 of a person operating a motor vehicle shall be immediately 49.3 forwarded to the department of public safety for inclusion upon 49.4 that offender's driving record. A person who violates this 49.5 section by throwing a cigarette from a motor vehicle is assessed 49.6 an additional surcharge equal to the amount of the fine imposed 49.7 for the violation. Any second or subsequent offense under this 49.8 section shall require a minimum fine in the amount of $400. Any 49.9 judge may, for any violation of this section, order the offender 49.10 to pick up litter along any public highway or road for four to 49.11 eight hours under the direction of the department of 49.12 transportation, with the option of a jail sentence being imposed. 49.13 Sec. 31. Minnesota Statutes 2002, section 169.686, 49.14 subdivision 1, is amended to read: 49.15 Subdivision 1. [SEAT BELT REQUIREMENT.] (a) A properly 49.16 adjusted and fastened seat belt, including both the shoulder and 49.17 lap belt when the vehicle is so equipped, shall be worn by:49.18(1)the driver and passengers of a passenger vehicle or 49.19 commercial motor vehicle;49.20(2) a passenger riding in the front seat of a passenger49.21vehicle or commercial motor vehicle; and49.22(3) a passenger riding in any seat of a passenger vehicle49.23who is older than three but younger than 11 years of age. 49.24 (b) A person who is 15 years of age or older and who 49.25 violates paragraph (a), clause (1) or (2),is subject to a fine 49.26 of$25$50. The driver of thepassenger vehicle or commercial49.27motorvehicle in which the violation occurred is subject to a 49.28$25$50 fine for a violation of paragraph (a), clause (2) or49.29(3),by achild of the driverpassenger under the age of 15or49.30any child under the age of 11. A peace officer may not issue a49.31citation for a violation of this section unless the officer49.32lawfully stopped or detained the driver of the motor vehicle for49.33a moving violation other than a violation involving motor49.34vehicle equipment. The department of public safety shall not 49.35 record a violation of this subdivision on a person's driving 49.36 record. 50.1 Sec. 32. Minnesota Statutes 2002, section 169.791, 50.2 subdivision 1, is amended to read: 50.3 Subdivision 1. [TERMS DEFINED.] (a) For purposes of this 50.4 section and sections 169.792 to169.799169.798, the following 50.5 terms have the meanings given. 50.6 (b) "Commissioner" means the commissioner of public safety. 50.7 (c) "District court administrator" or "court administrator" 50.8 means the district court administrator or a deputy district 50.9 court administrator of the district court that has jurisdiction 50.10 of a violation of this section. 50.11 (d) "Insurance identification card" means a card issued by 50.12 an obligor to an insured stating that security as required by 50.13 section 65B.48 has been provided for the insured's vehicle. 50.14 (e) "Law enforcement agency" means the law enforcement 50.15 agency that employed the peace officer who demanded proof of 50.16 insurance under this section or section 169.792. 50.17 (f) "Peace officer" or "officer" means an employee of a 50.18 political subdivision or state law enforcement agency, including 50.19 the Minnesota state patrol, who is licensed by the Minnesota 50.20 board of peace officer standards and training and is authorized 50.21 to make arrests for violations of traffic laws. 50.22 (g) "Proof of insurance" means an insurance identification 50.23 card, written statement, or insurance policy as defined by 50.24 section 65B.14, subdivision 2. 50.25 (h) "Vehicle" means a motor vehicle as defined in section 50.26 65B.43, subdivision 2, or a motorcycle as defined in section 50.27 65B.43, subdivision 13. 50.28 (i) "Written statement" means a written statement by a 50.29 licensed insurance agent stating the name and address of the 50.30 insured, the vehicle identification number of the insured's 50.31 vehicle, that a plan of reparation security as required by 50.32 section 65B.48 has been provided for the insured's vehicle, and 50.33 the dates of the coverage. 50.34 (j) The definitions in section 65B.43 apply to sections 50.35 169.792 to169.799169.798. 50.36 Sec. 33. Minnesota Statutes 2002, section 169.796, is 51.1 amended by adding a subdivision to read: 51.2 Subd. 3. [SAMPLING TO VERIFY INSURANCE COVERAGE.] (a) The 51.3 commissioner of public safety must implement a monthly sampling 51.4 program to verify insurance coverage. The sample must annually 51.5 include at least two percent of all drivers who own motor 51.6 vehicles, as defined in section 168.011, licensed in the state, 51.7 one-half of whom during the previous year have been convicted of 51.8 at least one vehicle insurance law violation, have had a 51.9 driver's license revoked or suspended due to habitual violation 51.10 of traffic laws, have had no insurance in effect at the time of 51.11 a reportable crash, or have been convicted of an alcohol-related 51.12 motor vehicle offense. No sample may be selected based on race, 51.13 religion, physical or mental disability, economic status, or 51.14 geographic location. 51.15 (b) The commissioner must request each vehicle owner 51.16 included in the sample to furnish insurance coverage information 51.17 to the commissioner within 30 days. The request must require 51.18 the owner to state whether or not all motor vehicles owned by 51.19 that person were insured on the verification date stated in the 51.20 commissioner's request. The request may require, but is not 51.21 limited to, a signed statement by the owner that the information 51.22 is true and correct, the names and addresses of insurers, policy 51.23 numbers, and expiration or renewal dates of insurance coverage. 51.24 (c) The commissioner must conduct a verification of the 51.25 response by transmitting necessary information to the insurance 51.26 companies named in the owner's response. 51.27 (d) The insurance companies must electronically notify the 51.28 commissioner, within 30 days of the commissioner's request, of 51.29 any false statements regarding coverage. 51.30 (e) The commissioner must suspend, without preliminary 51.31 hearing, the driver's license, if any, of a vehicle owner who 51.32 falsely claims coverage, who indicates that coverage was not in 51.33 effect at the time specified in the request, or who fails to 51.34 respond to the commissioner's request to furnish proof of 51.35 insurance. The commissioner must comply with the notice 51.36 requirement of section 171.18, subdivision 2. 52.1 (f) Before reinstatement of the driver's license, there 52.2 must be filed with the commissioner of public safety the written 52.3 certificate of an insurance carrier authorized to do business in 52.4 the state stating that security has been provided as required by 52.5 section 65B.48. The commissioner of public safety may require 52.6 the certificate of insurance provided to satisfy this 52.7 subdivision to be certified by the insurance carrier for a 52.8 period not to exceed one year. The commissioner of public 52.9 safety may also require a certificate of insurance to be filed 52.10 with respect to all vehicles required to be insured under 52.11 section 65B.48 and owned by any person whose driving privileges 52.12 have been suspended as provided in this section before 52.13 reinstating the person's driver's license. 52.14 Sec. 34. Minnesota Statutes 2002, section 169.797, 52.15 subdivision 4a, is amended to read: 52.16 Subd. 4a. [REGISTRATION REVOCATION AND LICENSE 52.17 SUSPENSION.] The commissioner of public safety shall revoke the 52.18 registration of any vehicle andmaymust suspend the driver's 52.19 license of any operator, without preliminary hearing upon a 52.20 showing by department records, including accident reports 52.21 required to be submitted by section 169.09, or other sufficient 52.22 evidence that security required by section 65B.48 has not been 52.23 provided and maintained. Before reinstatement of the 52.24 registration, there shall be filed with the commissioner of 52.25 public safety the written certificate of an insurance carrier 52.26 authorized to do business in the state stating that security has 52.27 been provided as required by section 65B.48. The commissioner 52.28 of public safety may require the certificate of insurance 52.29 provided to satisfy this subdivision to be certified by the 52.30 insurance carrier to be noncancelable for a period not to exceed 52.31 one year. The commissioner of public safety may also require a 52.32 certificate of insurance to be filed with respect to all 52.33 vehicles required to be insured under section 65B.48 and owned 52.34 by any person whose driving privileges have been suspended or 52.35 revoked as provided in this section before reinstating the 52.36 person's driver's license. 53.1 Sec. 35. Minnesota Statutes 2002, section 169.798, 53.2 subdivision 1, is amended to read: 53.3 Subdivision 1. [AUTHORITY.] The commissioner of public 53.4 safety shall have the power and perform the duties imposed by 53.5 sections 65B.41 to 65B.71, this section, and sections 169.797 53.6 and169.799169.798, and may adopt rules to implement and 53.7 provide effective administration of the provisions requiring 53.8 security and governing termination of security. 53.9 Sec. 36. Minnesota Statutes 2002, section 169.798, is 53.10 amended by adding a subdivision to read: 53.11 Subd. 4. [ATTESTATION OF INSURANCE REQUIRED.] Every owner, 53.12 when applying for motor vehicle or motorcycle registration, 53.13 reregistration, or transfer of ownership, must attest that the 53.14 motor vehicle or motorcycle is covered by an insurance policy. 53.15 Sec. 37. Minnesota Statutes 2002, section 169.826, 53.16 subdivision 1, is amended to read: 53.17 Subdivision 1. [WINTER INCREASE AMOUNTS.] The limitations 53.18 provided in sections 169.822 to 169.829 are increased:53.19(1)by ten percent between the dates set by the 53.20 commissioner for each zone established by the commissioner based 53.21 on a freezing index model each winter, statewide;. 53.22(2) by ten percent between the dates set by the53.23commissioner based on a freezing index model each winter, in the53.24zone bounded as follows: beginning at Pigeon River in the53.25northeast corner of Minnesota; thence in a southwesterly53.26direction along the north shore of Lake Superior to the53.27northeastern city limits of Duluth; thence along the eastern and53.28southern city limits of Duluth to the junction with trunk53.29highway No. 210; thence westerly along trunk highway No. 210 to53.30the junction with trunk highway No. 10; thence northwesterly53.31along trunk highway No. 10 to the Minnesota-North Dakota border;53.32thence northerly along that border to the Minnesota-Canadian53.33Border; thence easterly along said Border to Lake Superior; and53.34(3)Subd. 1a. [HARVEST SEASON INCREASE AMOUNT.] The 53.35 limitations provided in sections 169.822 to 169.829 are 53.36 increased by ten percent from the beginning of harvest to 54.1 November 30 each year for the movement of sugar beets, carrots, 54.2 and potatoes from the field of harvest to the point of the first 54.3 unloading. Transfer of the product from a farm vehicle or small 54.4 farm trailer, within the meaning of chapter 168, to another 54.5 vehicle is not considered to be the first unloading. The 54.6 commissioner shall not issue permits under thisclause54.7 subdivision if to do so will result in a loss of federal highway 54.8 funding to the state. 54.9 Sec. 38. Minnesota Statutes 2002, section 169.826, is 54.10 amended by adding a subdivision to read: 54.11 Subd. 1b. [NINE-TON COUNTY ROADS.] Despite the provisions 54.12 of subdivision 5 and sections 169.824, subdivision 2, paragraph 54.13 (a), clause (2), and 169.832, subdivision 11, a vehicle or 54.14 combination of vehicles with a gross vehicle weight up to 88,000 54.15 pounds may be operated on a nine-ton county road, consistent 54.16 with the increases allowed for vehicles operating on a ten-ton 54.17 road, during the time when the increases under subdivision 1 are 54.18 in effect in that zone. 54.19 Sec. 39. Minnesota Statutes 2002, section 169.85, 54.20 subdivision 2, is amended to read: 54.21 Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and 54.22 load, as provided in this section, an officer may require the 54.23 driver to stop the vehicle in a suitable place and remain 54.24 standing until a portion of the load is removed that is 54.25 sufficient to reduce the gross weight of the vehicle to the 54.26 limit permitted under either section 168.013, subdivision 3, 54.27 paragraph (b), or sections 169.822 to 169.829, whichever is the 54.28 lesser violation, if any. A suitable place is a location where 54.29 loading or tampering with the load is not prohibited by federal, 54.30 state, or local law, rule, or ordinance. 54.31 (b) Except as provided in paragraph (c), a driver may be 54.32 required to unload a vehicle only if the weighing officer 54.33 determines that (1) on routes subject to the provisions of 54.34 sections 169.822 to 169.829, the weight on an axle exceeds the 54.35 lawful gross weight prescribed by sections 169.822 to 169.829, 54.36 by 2,000 pounds or more, or the weight on a group of two or more 55.1 consecutive axles in cases where the distance between the 55.2 centers of the first and last axles of the group under 55.3 consideration is ten feet or less exceeds the lawful gross 55.4 weight prescribed by sections 169.822 to 169.829, by 4,000 55.5 pounds or more; or (2) on routes designated by the commissioner 55.6 in section 169.832, subdivision 11, the overall weight of the 55.7 vehicle or the weight on an axle or group of consecutive axles 55.8 exceeds the maximum lawful gross weights prescribed by sections 55.9 169.822 to 169.829; or (3) the weight is unlawful on an axle or 55.10 group of consecutive axles on a road restricted in accordance 55.11 with section 169.87. Material unloaded must be cared for by the 55.12 owner or driver of the vehicle at the risk of the owner or 55.13 driver. 55.14 (c) If the gross weight of the vehicle does not exceed the 55.15 vehicle's registered gross weight plus the weight allowance set 55.16 forth in section 168.013, subdivision 3, paragraph (b), and 55.17 plus, if applicable, the weight allowance permitted under 55.18 section 169.826, then the driver is not required to unload under 55.19 paragraph (b). 55.20 Sec. 40. Minnesota Statutes 2002, section 169.86, 55.21 subdivision 5, is amended to read: 55.22 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 55.23 commissioner, with respect to highways under the commissioner's 55.24 jurisdiction, may charge a fee for each permit issued. All such 55.25 fees for permits issued by the commissioner of transportation 55.26 shall be deposited in the state treasury and credited to the 55.27 trunk highway fund. Except for those annual permits for which 55.28 the permit fees are specified elsewhere in this chapter, the 55.29 fees shall be: 55.30 (a) $15 for each single trip permit. 55.31 (b) $36 for each job permit. A job permit may be issued 55.32 for like loads carried on a specific route for a period not to 55.33 exceed two months. "Like loads" means loads of the same 55.34 product, weight, and dimension. 55.35 (c) $60 for an annual permit to be issued for a period not 55.36 to exceed 12 consecutive months. Annual permits may be issued 56.1 for: 56.2 (1) motor vehicles used to alleviate a temporary crisis 56.3 adversely affecting the safety or well-being of the public; 56.4 (2) motor vehicles which travel on interstate highways and 56.5 carry loads authorized under subdivision 1a; 56.6 (3) motor vehicles operating with gross weights authorized 56.7 under section 169.826, subdivision1, clause (3)1a; 56.8 (4) special pulpwood vehicles described in section 169.863; 56.9 (5) motor vehicles bearing snowplow blades not exceeding 56.10 ten feet in width; and 56.11 (6) noncommercial transportation of a boat by the owner or 56.12 user of the boat. 56.13 (d) $120 for an oversize annual permit to be issued for a 56.14 period not to exceed 12 consecutive months. Annual permits may 56.15 be issued for: 56.16 (1) mobile cranes; 56.17 (2) construction equipment, machinery, and supplies; 56.18 (3) manufactured homes; 56.19 (4) implements of husbandry when the movement is not made 56.20 according to the provisions of paragraph (i); 56.21 (5) double-deck buses; 56.22 (6) commercial boat hauling. 56.23 (e) For vehicles which have axle weights exceeding the 56.24 weight limitations of sections 169.822 to 169.829, an additional 56.25 cost added to the fees listed above. However, this paragraph 56.26 applies to any vehicle described in section 168.013, subdivision 56.27 3, paragraph (b), but only when the vehicle exceeds its gross 56.28 weight allowance set forth in that paragraph, and then the 56.29 additional cost is for all weight, including the allowance 56.30 weight, in excess of the permitted maximum axle weight. The 56.31 additional cost is equal to the product of the distance traveled 56.32 times the sum of the overweight axle group cost factors shown in 56.33 the following chart: 56.34 Overweight Axle Group Cost Factors 56.35 Weight (pounds) Cost Per Mile For Each Group Of: 56.36 exceeding Two consec- Three consec- Four consec- 57.1 weight utive axles utive axles utive axles 57.2 limitations spaced within spaced within spaced within 57.3 on axles 8 feet or less 9 feet or less 14 feet or less 57.4 0-2,000 .12 .05 .04 57.5 2,001-4,000 .14 .06 .05 57.6 4,001-6,000 .18 .07 .06 57.7 6,001-8,000 .21 .09 .07 57.8 8,001-10,000 .26 .10 .08 57.9 10,001-12,000 .30 .12 .09 57.10 12,001-14,000 Not permitted .14 .11 57.11 14,001-16,000 Not permitted .17 .12 57.12 16,001-18,000 Not permitted .19 .15 57.13 18,001-20,000 Not permitted Not permitted .16 57.14 20,001-22,000 Not permitted Not permitted .20 57.15 The amounts added are rounded to the nearest cent for each axle 57.16 or axle group. The additional cost does not apply to paragraph 57.17 (c), clauses (1) and (3). 57.18 For a vehicle found to exceed the appropriate maximum permitted 57.19 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 57.20 a ton, over the permitted maximum weight is imposed in addition 57.21 to the normal permit fee. Miles must be calculated based on the 57.22 distance already traveled in the state plus the distance from 57.23 the point of detection to a transportation loading site or 57.24 unloading site within the state or to the point of exit from the 57.25 state. 57.26 (f) As an alternative to paragraph (e), an annual permit 57.27 may be issued for overweight, or oversize and overweight, 57.28 construction equipment, machinery, and supplies. The fees for 57.29 the permit are as follows: 57.30 Gross Weight (pounds) of Vehicle Annual Permit Fee 57.31 90,000 or less $200 57.32 90,001 - 100,000 $300 57.33 100,001 - 110,000 $400 57.34 110,001 - 120,000 $500 57.35 120,001 - 130,000 $600 57.36 130,001 - 140,000 $700 58.1 140,001 - 145,000 $800 58.2 If the gross weight of the vehicle is more than 145,000 pounds 58.3 the permit fee is determined under paragraph (e). 58.4 (g) For vehicles which exceed the width limitations set 58.5 forth in section 169.80 by more than 72 inches, an additional 58.6 cost equal to $120 added to the amount in paragraph (a) when the 58.7 permit is issued while seasonal load restrictions pursuant to 58.8 section 169.87 are in effect. 58.9 (h) $85 for an annual permit to be issued for a period not 58.10 to exceed 12 months, for refuse-compactor vehicles that carry a 58.11 gross weight of not more than: 22,000 pounds on a single rear 58.12 axle; 38,000 pounds on a tandem rear axle; or, subject to 58.13 section 169.828, subdivision 2, 46,000 pounds on a tridem rear 58.14 axle. A permit issued for up to 46,000 pounds on a tridem rear 58.15 axle must limit the gross vehicle weight to not more than 62,000 58.16 pounds. 58.17 (i) For vehicles exclusively transporting implements of 58.18 husbandry, an annual permit fee of $24. A vehicle operated 58.19 under a permit authorized by this paragraph may be moved at the 58.20 discretion of the permit holder without prior route approval by 58.21 the commissioner if: 58.22 (1) the total width of the transporting vehicle, including 58.23 load, does not exceed 14 feet; 58.24 (2) the vehicle is operated only between sunrise and 30 58.25 minutes after sunset, and is not operated at any time after 58.26 12:00 noon on Sundays or holidays; 58.27 (3) the vehicle is not operated when visibility is impaired 58.28 by weather, fog, or other conditions that render persons and 58.29 other vehicles not clearly visible at 500 feet; 58.30 (4) the vehicle displays at the front and rear of the load 58.31 or vehicle a pair of flashing amber lights, as provided in 58.32 section 169.59, subdivision 4, whenever the overall width of the 58.33 vehicle exceeds 126 inches; and 58.34 (5) the vehicle is not operated on a trunk highway with a 58.35 surfaced roadway width of less than 24 feet unless such 58.36 operation is authorized by the permit. 59.1 A permit under this paragraph authorizes movements of the 59.2 permitted vehicle on an interstate highway, and movements of 75 59.3 miles or more on other highways. 59.4 Sec. 41. Minnesota Statutes 2002, section 169.89, is 59.5 amended by adding a subdivision to read: 59.6 Subd. 4a. [SURCHARGE FOR STATE TROOPER TRAINING.] A person 59.7 who violates a traffic or motor vehicle law, and who is 59.8 apprehended or arrested by an officer of the state patrol, must 59.9 be assessed $25 in addition to the fine and any other surcharge 59.10 otherwise imposed for the violation. 59.11 Sec. 42. Minnesota Statutes 2002, section 171.04, 59.12 subdivision 1, is amended to read: 59.13 Subdivision 1. [PERSONS NOT ELIGIBLE.] The department 59.14 shall not issue a driver's license: 59.15 (1) to any person under 18 years unless: 59.16 (i) the applicant is 16 or 17 years of age and has a 59.17 previously issued valid license from another state or country or 59.18 the applicant has, for the 12 consecutive months preceding 59.19 application, held a provisional license and during that time has 59.20 not incurred(A) noa conviction for a moving violation or a 59.21 violation of section 169A.20,; 169A.33,; 169A.35,; or 59.22 171.055, subdivision 2, paragraph (a); or sections 169A.50 to 59.23 169A.53, (B) no conviction for a crash-related moving violation,59.24and (C) not more than one conviction for a moving violation that59.25is not crash related. The department shall not issue a driver's 59.26 license to an applicant who incurred a conviction for a 59.27 described violation during provisional licensure more than 12 59.28 months before the application, until the applicant demonstrates 59.29 satisfaction of any criminal penalties or administrative 59.30 sanctions related to the violation and certifies completion, 59.31 after the most recent conviction, of a minimum of six hours of 59.32 behind-the-wheel instruction with an approved instructor. 59.33 "Moving violation" means a violation of a traffic regulation but 59.34 does not include a parking violation, vehicle equipment 59.35 violation, or warning citation; 59.36 (ii) the application for a license is approved by (A) 60.1 either parent when both reside in the same household as the 60.2 minor applicant or, if otherwise, then (B) the parent or spouse 60.3 of the parent having custody or, in the event there is no court 60.4 order for custody, then (C) the parent or spouse of the parent 60.5 with whom the minor is living or, if subitems (A) to (C) do not 60.6 apply, then (D) the guardian having custody of the minor or, in 60.7 the event a person under the age of 18 has no living father, 60.8 mother, or guardian, or is married or otherwise legally 60.9 emancipated, then (E) the minor's adult spouse, adult close 60.10 family member, or adult employer; provided, that the approval 60.11 required by this item contains a verification of the age of the 60.12 applicant and the identity of the parent, guardian, adult 60.13 spouse, adult close family member, or adult employer; and 60.14 (iii) the applicant presents a certification by the person 60.15 who approves the application under item (ii), stating that the 60.16 applicant has driven a motor vehicle accompanied by and under 60.17 supervision of a licensed driver at least 21 years of age for at 60.18 least ten hours during the period of provisional licensure; 60.19 (2) to any person who is 18 years of age or younger, unless 60.20 the person has applied for, been issued, and possessed the 60.21 appropriate instruction permit for a minimum of six months, and, 60.22 with respect to a person under 18 years of age, a provisional 60.23 license for a minimum of 12 months; 60.24 (3) to any person who is 19 years of age or older, unless 60.25 that person has applied for, been issued, and possessed the 60.26 appropriate instruction permit for a minimum of three months; 60.27 (4) to any person whose license has been suspended during 60.28 the period of suspension except that a suspended license may be 60.29 reinstated during the period of suspension upon the licensee 60.30 furnishing proof of financial responsibility in the same manner 60.31 as provided in the Minnesota No-Fault Automobile Insurance Act; 60.32 (5) to any person whose license has been revoked except 60.33 upon furnishing proof of financial responsibility in the same 60.34 manner as provided in the Minnesota No-Fault Automobile 60.35 Insurance Act and if otherwise qualified; 60.36 (6) to any drug-dependent person, as defined in section 61.1 254A.02, subdivision 5; 61.2 (7) to any person who has been adjudged legally incompetent 61.3 by reason of mental illness, mental deficiency, or inebriation, 61.4 and has not been restored to capacity, unless the department is 61.5 satisfied that the person is competent to operate a motor 61.6 vehicle with safety to persons or property; 61.7 (8) to any person who is required by this chapter to take a 61.8 vision, knowledge, or road examination, unless the person has 61.9 successfully passed the examination. An applicant who fails 61.10 four road tests must complete a minimum of six hours of 61.11 behind-the-wheel instruction with an approved instructor before 61.12 taking the road test again; 61.13 (9) to any person who is required under the Minnesota 61.14 No-Fault Automobile Insurance Act to deposit proof of financial 61.15 responsibility and who has not deposited the proof; 61.16 (10) to any person when the commissioner has good cause to 61.17 believe that the operation of a motor vehicle on the highways by 61.18 the person would be inimical to public safety or welfare; 61.19 (11) to any person when, in the opinion of the 61.20 commissioner, the person is afflicted with or suffering from a 61.21 physical or mental disability or disease that will affect the 61.22 person in a manner as to prevent the person from exercising 61.23 reasonable and ordinary control over a motor vehicle while 61.24 operating it upon the highways; 61.25 (12) to a person who is unable to read and understand 61.26 official signs regulating, warning, and directing traffic; 61.27 (13) to a child for whom a court has ordered denial of 61.28 driving privileges under section 260C.201, subdivision 1, or 61.29 260B.235, subdivision 5, until the period of denial is 61.30 completed; or 61.31 (14) to any person whose license has been canceled, during 61.32 the period of cancellation. 61.33 Sec. 43. Minnesota Statutes 2002, section 171.05, 61.34 subdivision 2b, is amended to read: 61.35 Subd. 2b. [INSTRUCTION PERMIT USE BY PERSON UNDER AGE 18.] 61.36 (a) This subdivision applies to persons who have applied for and 62.1 received an instruction permit under subdivision 2. 62.2 (b) The permit holder may, with the permit in possession, 62.3 operate a motor vehicle, but must be accompanied by and be under 62.4 the supervision of a certified driver education instructor, the 62.5 permit holder's parent or guardian, or another licensed driver 62.6 age 21 or older. The supervisor must occupy the seat beside the 62.7 permit holder. 62.8 (c) The permit holder may operate a motor vehicle only when 62.9 every occupant under the age of1815 has a seat belt or child 62.10 passenger restraint system properly fastened according to 62.11 sections 169.685 and 169.686. A person who violates this 62.12 paragraph is subject to a fine of$25$50.A peace officer may62.13not issue a citation for a violation of this paragraph unless62.14the officer lawfully stopped or detained the driver of the motor62.15vehicle for a moving violation as defined in section 171.04,62.16subdivision 1A passenger who is at least 15 years of age is 62.17 subject to the requirements and penalty of section 169.686. The 62.18 commissioner shall not record a violation of this paragraph on a 62.19 person's driving record. 62.20 (d) The permit holder must maintain a driving record free 62.21 of convictions for moving violations, as defined in section 62.22 171.04, subdivision 1, and free of convictions for violation of 62.23 section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 62.24 169A.53. If the permit holder drives a motor vehicle in 62.25 violation of the law, the commissioner shall suspend, cancel, or 62.26 revoke the permit in accordance with the statutory section 62.27 violated. 62.28 Sec. 44. Minnesota Statutes 2002, section 171.055, 62.29 subdivision 2, is amended to read: 62.30 Subd. 2. [USE OF PROVISIONAL LICENSE.] (a) A provisional 62.31 license holder may not operate a motor vehicleonly when: 62.32 (1) between 12:00 a.m. and 5:00 a.m., unless accompanied by 62.33 the driver's parent or guardian, or unless driving to or from 62.34 the driver's job or an activity sponsored by a school or 62.35 religious organization; 62.36 (2) with more than one passenger under the age of 18, 63.1 except family members; and 63.2 (3) unless every occupant under the age of1815 has a seat 63.3 belt or child passenger restraint system properly 63.4 fastened according to sections 169.685 and 169.686. A person 63.5 who violates this paragraph is subject to a fine of$25$50.A63.6peace officer may not issue a citation for a violation of this63.7paragraph unless the officer lawfully stopped or detained the63.8driver of the motor vehicle for a moving violation as defined in63.9section 171.04.A passenger who is at least 15 years of age is 63.10 subject to the requirements and penalty of section 169.686. The 63.11 commissioner shall not record a violation of this paragraph on a 63.12 person's driving record. 63.13 (b) If the holder of a provisional license during the 63.14 period of provisional licensing incurs (1) a conviction for a 63.15 violation of section 169A.20, 169A.33, 169A.35, or sections 63.16 169A.50 to 169A.53, (2) a conviction for a crash-related moving 63.17 violation as defined in section 171.04, or (3) more than one 63.18 conviction for a moving violation that is not crash related, the 63.19 person may not be issued a driver's license until either: 63.20 (1) 12 consecutive months have expired since the date of 63.21 the most recent convictionor untiland the license holder 63.22 demonstrates satisfaction of any criminal penalties and 63.23 administrative sanctions related to the conviction and certifies 63.24 completion, while holding the provisional license, of a minimum 63.25 of six hours of behind-the-wheel instruction with an approved 63.26 instructor; or 63.27 (2) the person reaches the age of 18 years, whichever63.28occurs first. 63.29 Sec. 45. Minnesota Statutes 2002, section 171.06, 63.30 subdivision 2, is amended to read: 63.31 Subd. 2. [FEES.] (a)The fees for a license and Minnesota63.32identification card are as follows:63.33Classified Driver's LicenseD-$18.50 C-$22.50 B-$29.50 A-$37.5063.34Classified Under-21 D.L.D-$18.50 C-$22.50 B-$29.50 A-$17.5063.35Instruction Permit$ 9.5063.36Provisional License$ 9.5064.1Duplicate License or64.2duplicate identification card$ 8.0064.3Minnesota identification card or Under-21 Minnesota64.4identification card, other than duplicate,64.5except as otherwise provided in section 171.07,64.6subdivisions 3 and 3a$12.5064.7 The fees for a license and Minnesota 64.8 identification card are as follows: 64.9 Classified driver's license D-$19.50 C-$23.50 B-$30.50 A-$38.50 64.10 Classified Under-21 D.L. D-$19.50 C-$23.50 B-$30.50 A-$18.50 64.11 Instruction permit $10.50 64.12 Provisional license $10.50 64.13 Duplicate license or 64.14 duplicate identification card $ 9.00 64.15 Minnesota identification card or Under-21 Minnesota 64.16 identification card, other than duplicate, 64.17 except as otherwise provided in section 171.07, 64.18 subdivisions 3 and 3a $13.50 64.19 (b) Notwithstanding paragraph (a), a person who holds a 64.20 provisional license and has a driving record free of (1) 64.21 convictions for a violation of section 169A.20, 169A.33, 64.22 169A.35, or sections 169A.50 to 169A.53, (2) convictions for 64.23 crash-related moving violations, and (3) convictions for moving 64.24 violations that are not crash related, shall have a $3.50 credit 64.25 toward the fee for any classified under-21 driver's license. 64.26 "Moving violation" has the meaning given it in section 171.04, 64.27 subdivision 1. 64.28 (c) In addition to the driver's license fee required under 64.29 paragraph (a), the registrar shall collect an additional $4 64.30 processing fee from each new applicant or person renewing a 64.31 license with a school bus endorsement to cover the costs for 64.32 processing an applicant's initial and biennial physical 64.33 examination certificate. The department shall not charge these 64.34 applicants any other fee to receive or renew the endorsement. 64.35 Sec. 46. Minnesota Statutes 2002, section 171.061, 64.36 subdivision 4, is amended to read: 65.1 Subd. 4. [FEE; EQUIPMENT.] (a) The agent may charge and 65.2 retain a filing fee of$3.50$4.50 for each application. Except 65.3 as provided in paragraph (b), the fee shall cover all expenses 65.4 involved in receiving, accepting, or forwarding to the 65.5 department the applications and fees required under sections 65.6 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and 65.7 171.07, subdivisions 3 and 3a. 65.8 (b) The department shall maintain the photo identification 65.9 equipment for all agents appointed as of January 1, 2000. Upon 65.10 the retirement, resignation, death, or discontinuance of an 65.11 existing agent, and if a new agent is appointed in an existing 65.12 office pursuant to Minnesota Rules, chapter 7404, and 65.13 notwithstanding the above or Minnesota Rules, part 7404.0400, 65.14 the department shall provide and maintain photo identification 65.15 equipment without additional cost to a newly appointed agent in 65.16 that office if the office was provided the equipment by the 65.17 department before January 1, 2000. All photo identification 65.18 equipment must be compatible with standards established by the 65.19 department. 65.20 (c) A filing fee retained by the agent employed by a county 65.21 board must be paid into the county treasury and credited to the 65.22 general revenue fund of the county. An agent who is not an 65.23 employee of the county shall retain the filing fee in lieu of 65.24 county employment or salary and is considered an independent 65.25 contractor for pension purposes, coverage under the Minnesota 65.26 state retirement system, or membership in the public employees 65.27 retirement association. 65.28 (d) Before the end of the first working day following the 65.29 final day of the reporting period established by the department, 65.30 the agent must forward to the department all applications and 65.31 fees collected during the reporting period except as provided in 65.32 paragraph (c). 65.33 Sec. 47. Minnesota Statutes 2002, section 171.20, 65.34 subdivision 4, is amended to read: 65.35 Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is 65.36 reinstated, (1) a person whose driver's license has been 66.1 suspended under section 171.16, subdivision 2; 171.18, except 66.2 subdivision 1, clause (10); or 171.182, or who has been 66.3 disqualified from holding a commercial driver's license under 66.4 section 171.165, and (2) a person whose driver's license has 66.5 been suspended under section 171.186 and who is not exempt from 66.6 such a fee, must pay a fee of $20. 66.7 (b) Before the license is reinstated, a person whose 66.8 license has been suspended or revoked under sections 169.791 to 66.9 169.798 must pay a $20 reinstatement fee. 66.10 (c) When fees are collected by a licensing agent appointed 66.11 under section 171.061, a handling charge is imposed in the 66.12 amount specified under section 171.061, subdivision 4. The 66.13 reinstatement fee and surcharge must be deposited in an approved 66.14 state depository as directed under section 171.061, subdivision 66.15 4. 66.16 (d) A suspension may be rescinded without fee for good 66.17 cause. 66.18 Sec. 48. Minnesota Statutes 2002, section 171.29, 66.19 subdivision 2, is amended to read: 66.20 Subd. 2. [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.] 66.21 (a) A person whose driver's license has been revoked as provided 66.22 in subdivision 1, except under section 169A.52, 169A.54, or 66.23 609.21, shall pay a $30 fee before the driver's license is 66.24 reinstated. 66.25 (b) A person whose driver's license has been revoked as 66.26 provided in subdivision 1 under section 169A.52, 169A.54, or 66.27 609.21, shall pay a$250$300 fee plus a $40 surcharge before 66.28 the driver's license is reinstated. Beginning July 1, 2002, the 66.29 surcharge is $145. Beginning July 1, 2003, the surcharge is 66.30 $380. The$250$300 fee is to be credited as follows: 66.31 (1)TwentySeventeen percent must be credited to the trunk 66.32 highway fund. 66.33 (2)Sixty-sevenFifty-six percent must be credited to the 66.34 general fund. 66.35 (3)EightSeven percent must be credited to a separate 66.36 account to be known as the bureau of criminal apprehension 67.1 account. Money in this account may be appropriated to the 67.2 commissioner of public safety and the appropriated amount must 67.3 be apportioned 80 percent for laboratory costs and 20 percent 67.4 for carrying out the provisions of section 299C.065. 67.5 (4)FiveTwenty percent must be credited to a separate 67.6 account to be known as the traumatic brain injury and spinal 67.7 cord injury account. The money in the account is annually 67.8 appropriated to the commissioner of health to be used as 67.9 follows:3586 percent fora contractcontracts witha67.10 qualified community-basedorganizationorganizations to provide 67.11 information, resources, and support to assist persons with 67.12 traumatic brain injury and their families to access services, 67.13 and6514 percent to maintain the traumatic brain injury and 67.14 spinal cord injury registry created in section 144.662. For the 67.15 purposes of this clause, a "qualified community-based 67.16 organization" is a private, not-for-profit organization of 67.17 consumers of traumatic brain injury services and their family 67.18 members. The organization must be registered with the United 67.19 States Internal Revenue Service under section 501(c)(3) as a 67.20 tax-exempt organization and must have as its purposes: 67.21 (i) the promotion of public, family, survivor, and 67.22 professional awareness of the incidence and consequences of 67.23 traumatic brain injury; 67.24 (ii) the provision of a network of support for persons with 67.25 traumatic brain injury, their families, and friends; 67.26 (iii) the development and support of programs and services 67.27 to prevent traumatic brain injury; 67.28 (iv) the establishment of education programs for persons 67.29 with traumatic brain injury; and 67.30 (v) the empowerment of persons with traumatic brain injury 67.31 through participation in its governance. 67.32 No patient's name, identifying information, or identifiable 67.33 medical data will be disclosed to the organization without the 67.34 informed voluntary written consent of the patient or patient's 67.35 guardian or, if the patient is a minor, of the parent or 67.36 guardian of the patient. 68.1 (c) The surcharge must be credited to a separate account to 68.2 be known as the remote electronic alcohol-monitoring program 68.3 account. The commissioner shall transfer the balance of this 68.4 account to the commissioner of finance on a monthly basis for 68.5 deposit in the general fund. 68.6 (d) When these fees are collected by a licensing agent, 68.7 appointed under section 171.061, a handling charge is imposed in 68.8 the amount specified under section 171.061, subdivision 4. The 68.9 reinstatement fees and surcharge must be deposited in an 68.10 approved state depository as directed under section 171.061, 68.11 subdivision 4. 68.12 Sec. 49. Minnesota Statutes 2002, section 174.02, is 68.13 amended by adding a subdivision to read: 68.14 Subd. 8. [TRUNK HIGHWAY CORRIDOR PROTECTION ACCOUNT 68.15 LOANS.] The commissioner may make loans from the trunk highway 68.16 corridor protection revolving loan account created in section 68.17 161.087 and may enter into agreements for the repayments of the 68.18 loans. 68.19 Sec. 50. Minnesota Statutes 2002, section 174.03, is 68.20 amended by adding a subdivision to read: 68.21 Subd. 9. [FORECAST OF REVENUES AND EXPENDITURES.] In 68.22 cooperation with the department of finance and as required by 68.23 section 16A.103, the commissioner shall prepare in February and 68.24 November of each year a forecast of highway user tax 68.25 distribution fund and trunk highway fund revenues and 68.26 expenditures. The forecast must include an analysis of economic 68.27 information and the potential impact on highway user fund 68.28 revenues, historical growth rate information, and other 68.29 variables affecting revenue assumptions and forecasted future 68.30 growth rates. The forecast must include an analysis of trunk 68.31 highway bonding and the necessary debt service payments, and 68.32 assumptions regarding federal transportation funds. The 68.33 commissioner shall review the forecast information with the 68.34 chairs of the senate and house of representatives committees 68.35 with jurisdiction over finance, way and means, and 68.36 transportation finance and with legislative fiscal staff no 69.1 later than two weeks before the forecast is released and shall 69.2 inform the chairs and staff of changes made from previous 69.3 forecasts. 69.4 Sec. 51. [174.11] [SAFE ROUTES TO SCHOOL PROGRAM.] 69.5 Subdivision 1. [DEFINITION.] For purposes of this section, 69.6 a "safe routes to school program" is a program developed and 69.7 implemented by a school district that uses highway improvements, 69.8 student and public education, highway safety measures, or 69.9 traffic control measures and devices, or any combination 69.10 thereof, to enhance the safety of students walking or bicycling 69.11 to school. 69.12 Subd. 2. [GRANT PROGRAM; USE OF FEDERAL ENHANCEMENT 69.13 FUNDS.] The commissioner of transportation shall expend not less 69.14 than two percent of funds made available to the commissioner 69.15 each fiscal year after 2007 from the Federal Highway 69.16 Administration and designated for transportation enhancements as 69.17 a grant to the Minnesota safety council to be spent as grants to 69.18 school districts for safe routes to school programs. A school 69.19 district that receives a grant under this section shall provide 69.20 the 20 percent local match required by the Federal Highway 69.21 Administration for an award of transportation enhancement funds. 69.22 Subd. 3. [CONDITIONS OF GRANT.] The commissioner shall 69.23 require as a condition of the grant each year that: 69.24 (1) the Minnesota safety council spend at least 95 percent 69.25 of the money it receives under this section each year as grants 69.26 to school districts; 69.27 (2) the council award grants only under a competitive 69.28 process open to all school districts in the state; 69.29 (3) the council award grants on the basis of (i) severity 69.30 of the safety problems being addressed, (ii) number of students 69.31 affected, (iii) extent of involvement of students, parents, 69.32 teachers, local transportation authorities, law enforcement 69.33 agencies, and school officials in the development of the 69.34 program, (iv) effectiveness of the program in addressing safety 69.35 problems, and (v) effectiveness of the program in increasing 69.36 walking and bicycling to school; and 70.1 (4) the council report to the commissioner on an annual 70.2 basis concerning the use and effectiveness of the safe routes to 70.3 school grants. 70.4 Sec. 52. Minnesota Statutes 2002, section 174.24, 70.5 subdivision 1, is amended to read: 70.6 Subdivision 1. [ESTABLISHMENT; PURPOSE.] A public transit 70.7 participation program is established to carry out the objectives 70.8 stated in section 174.21 by providing financial assistance from 70.9 the state, including the greater Minnesota transit fund 70.10 established in section 16A.88, to eligible recipients outside of 70.11 the metropolitan area. 70.12 Sec. 53. Minnesota Statutes 2002, section 174.24, 70.13 subdivision 3b, is amended to read: 70.14 Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner 70.15 shall determine the total operating cost of any public transit 70.16 system receiving or applying for assistance in accordance with 70.17 generally accepted accounting principles. To be eligible for 70.18 financial assistance, an applicant or recipient shall provide to 70.19 the commissioner all financial records and other information and 70.20 shall permit any inspection reasonably necessary to determine 70.21 total operating cost and correspondingly the amount of 70.22 assistancewhichthat may be paid to the applicant or recipient. 70.23 Where more than one county or municipality contributes 70.24 assistance to the operation of a public transit system, the 70.25 commissioner shall identify one as lead agency for the purpose 70.26 of receiving money under this section. 70.27 (b) Prior to distributing operating assistance to eligible 70.28 recipients for any contract period, the commissioner shall place 70.29 all recipients into one of the following classifications: 70.30 urbanized area service, small urban area service, rural area 70.31 service, and elderly and handicapped service. The commissioner 70.32 shall distribute funds under this section so that the percentage 70.33 of total operating cost paid by any recipient from local sources 70.34 will not exceed the percentage for that recipient's 70.35 classification, except as provided in an undue hardship case. 70.36 The percentages must be: for urbanized area service and small 71.1 urban area service,4020 percent; for rural area service,3515 71.2 percent; and for elderly and handicapped service,3515 percent. 71.3 The remainder of the total operating cost will be paid from 71.4 state funds less any assistance received by the recipient from 71.5 any federal source. For purposes of this subdivision "local 71.6 sources" meanspayments under section 174.242 plusall local 71.7 sources of funds and includes all operating revenue, tax levies, 71.8 and contributions from public funds, except that the 71.9 commissioner may exclude from the total assistance contract 71.10 revenues derived from operations the cost of which is excluded 71.11 from the computation of total operating cost. Total operating 71.12 costs of the Duluth transit authority or a successor agency 71.13shalldoes not include costs related to the Superior, Wisconsin 71.14 service contract and the independent school district No. 709 71.15 service contract. For calendar years 2004 and 2005, to enable 71.16 public transit systems to meet the provisions of this section, 71.17 the commissioner may adjust payments of financial assistance to 71.18 recipients that were under a contract with the department on 71.19 January 1, 2003. 71.20 (c) If a recipient informs the commissioner in writing 71.21 after the establishment of these percentages but prior to the 71.22 distribution of financial assistance for any year that paying 71.23 its designated percentage of total operating cost from local 71.24 sources will cause undue hardship, the commissioner may reduce 71.25 the percentage to be paid from local sources by the recipient 71.26 and increase the percentage to be paid from local sources by one 71.27 or more other recipients inside or outside the classification,71.28provided that no recipient shall have its. However, the 71.29 commissioner may not reduce or increase any recipient's 71.30 percentagethus reduced or increasedunder this paragraph for 71.31 more than two years successively. If for any year the funds 71.32 appropriated to the commissioner to carry out the purposes of 71.33 this section are insufficient to allow the commissioner to pay 71.34 the state share of total operating cost as provided in this 71.35 paragraph, the commissioner shall reduce the state share in each 71.36 classification to the extent necessary. 72.1 Sec. 54. Minnesota Statutes 2002, section 299A.465, 72.2 subdivision 4, is amended to read: 72.3 Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public 72.4 employer subject to this section may annually apply by August 1 72.5 for the preceding fiscal year to the commissioner of public 72.6 safety for reimbursement to help defray a portion of its costs 72.7 of complying with this section. The commissioner shall provide 72.8reimbursementan equal pro rata share to the public employer out 72.9 of the public safety officer's benefit account based on the 72.10 availability of funds for each eligible officer, firefighter, 72.11 and qualifying dependents. Individual shares must not exceed 72.12 the actual costs of providing coverage under this section by a 72.13 public employer. 72.14 [EFFECTIVE DATE.] This section is effective the day 72.15 following final enactment. 72.16 Sec. 55. [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES; 72.17 GENERAL.] 72.18 Subdivision 1. [DEFINITIONS.] (a) For purposes of sections 72.19 299A.80 to 299A.803, the terms defined in this subdivision have 72.20 the meanings given them. 72.21 (b) "Administrative agent" means a person or entity 72.22 licensed by or granted authority by the commissioner of public 72.23 safety under: 72.24 (1) section 168.33 as a deputy registrar; 72.25 (2) section 168C.11 as a deputy registrar of bicycles; or 72.26 (3) section 171.061 as a driver's license agent. 72.27 (c) "Other authority" means licenses, orders, stipulation 72.28 agreements, settlements, or compliance agreements adopted or 72.29 issued by the commissioner of public safety. 72.30 (d) "Commissioner" means the commissioner of public safety. 72.31 (e) "License" means a license, permit, registration, 72.32 appointment, or certificate issued or granted to an 72.33 administrative agent by the commissioner of public safety. 72.34 Subd. 2. [APPLICABILITY.] Sections 299A.80 to 299A.803 72.35 apply to administrative agents licensed by or subject to other 72.36 authority of the commissioner. 73.1 Subd. 3. [CUMULATIVE REMEDY.] The authority of the 73.2 commissioner to issue a corrective order or assess an 73.3 administrative penalty under sections 299A.80 to 299A.803 is in 73.4 addition to other remedies available under statutory or common 73.5 law, except that the state may not seek a civil penalty under 73.6 any other law for a violation covered by an administrative 73.7 penalty order. The payment of a penalty does not preclude the 73.8 use of other enforcement provisions, under which civil fines are 73.9 not assessed, in connection with the violation for which the 73.10 penalty was assessed. 73.11 Subd. 4. [ACCESS TO INFORMATION AND PROPERTY.] The 73.12 commissioner, an employee, or an agent authorized by the 73.13 commissioner, upon presentation of credentials, may: 73.14 (1) examine and copy any books, papers, records, memoranda, 73.15 or data of an administrative agent; and 73.16 (2) enter upon any property where an administrative agent 73.17 conducts its place of business to take actions authorized under 73.18 statute, rule, or other authority, including (i) obtaining 73.19 information from an administrative agent who has a duty to 73.20 provide information under statute, rule, or other authority, (ii) 73.21 taking steps to remedy violations, or (iii) conducting surveys 73.22 or investigations. 73.23 Subd. 5. [FALSE INFORMATION.] (a) An administrative agent 73.24 may not: 73.25 (1) make a false material statement, representation, or 73.26 certification in a required document; 73.27 (2) omit material information from a required document; or 73.28 (3) alter, conceal, or fail to file or maintain a required 73.29 document. 73.30 (b) In this section, "required document" means a notice, 73.31 application, record, report, plan, or other document required 73.32 under statute, rule, or other authority. 73.33 Subd. 6. [ENFORCEMENT.] (a) The attorney general may 73.34 proceed on behalf of the state to enforce administrative 73.35 penalties that are due and payable under section 299A.802 in any 73.36 manner provided by law for the collection of debts. 74.1 (b) The attorney general may petition the district court to 74.2 file a final administrative penalty order as an order of the 74.3 court. At any court hearing to enforce a final administrative 74.4 penalty order, the only issues the parties may contest are 74.5 procedural and notice issues. Once entered, the administrative 74.6 penalty order may be enforced in the same manner as a final 74.7 judgment of the district court. This paragraph does not 74.8 preclude district court review of the merits of an 74.9 administrative penalty order if the order is appealed by the 74.10 administrative agent under section 299A.802, subdivision 5. 74.11 (c) If an administrative agent fails to pay an 74.12 administrative penalty, the attorney general may bring a civil 74.13 action in district court seeking payment of the penalty, 74.14 injunctive relief, or other appropriate relief including 74.15 monetary damages, attorney fees, costs, and interest. 74.16 Subd. 7. [RECOVERY OF REASONABLE COSTS AND ATTORNEY 74.17 FEES.] (a) In any judicial action brought by the attorney 74.18 general for civil penalties, injunctive relief, or an action to 74.19 compel performance pursuant to this section, if the state 74.20 finally prevails, and if the proven violation was willful, the 74.21 state, in addition to other penalties provided by law, may be 74.22 allowed an amount determined by the court to be the reasonable 74.23 value of all or part of the costs and attorney fees incurred by 74.24 the state or the prevailing party. In determining the amount of 74.25 the reasonable costs and attorney fees to be allowed, the court 74.26 must give consideration to the economic circumstances of the 74.27 defendant. 74.28 (b) However, if a defendant prevails, the court may award 74.29 the reasonable value of all or part of the reasonable costs and 74.30 attorney fees incurred by the defendant. 74.31 Subd. 8. [EDUCATION AND COMPLIANCE ACCOUNT; MONEY 74.32 ALLOCATED.] An education and compliance account is created for 74.33 the deposit of administrative penalty order receipts. Of the 74.34 funds deposited in this account, the commissioner is authorized 74.35 to expend up to $5,000 per fiscal year for education and 74.36 compliance activities related to the regulated parties affected 75.1 by this chapter. At the end of each biennium, all money not 75.2 expended lapses to the general fund. 75.3 Subd. 9. [PLAN FOR USING ADMINISTRATIVE PENALTIES AND 75.4 CEASE AND DESIST AUTHORITY.] The commissioner shall prepare a 75.5 plan for using the administrative penalty order and cease and 75.6 desist authority in this section. The commissioner shall 75.7 provide a 30-day period for public comment on the plan. The 75.8 plan must be finalized by July 1, 2004, and may be modified as 75.9 necessary upon subsequent notice and opportunity for comment. 75.10 Sec. 56. [299A.801] [CORRECTIVE ORDERS AND INJUNCTIONS.] 75.11 Subdivision 1. [CORRECTIVE ORDERS.] (a) Before seeking an 75.12 administrative penalty order under section 299A.802, the 75.13 commissioner must issue a corrective order that requires the 75.14 administrative agent to correct the violation of statute, rule, 75.15 or other authority. The corrective order must state the 75.16 deficiencies that constitute the violation of the specific 75.17 statute, rule, or other authority, and the time by which the 75.18 violation must be corrected. In addition to service by 75.19 certified mail on the administrative agent, a copy of the 75.20 corrective order must be given to the county auditor in the 75.21 county where the administrative agent is located. 75.22 (b) The administrative agent to whom the corrective order 75.23 was issued shall provide information to the commissioner, by the 75.24 due date stated in the corrective order, demonstrating that the 75.25 violation has been corrected or that the administrative agent 75.26 has developed a corrective plan acceptable to the commissioner. 75.27 The commissioner must determine whether the violation has been 75.28 corrected and notify the administrative agent subject to the 75.29 order of the commissioner's determination. 75.30 (c) If the administrative agent believes that the 75.31 information contained in the commissioner's corrective order is 75.32 in error, the administrative agent may ask the commissioner to 75.33 reconsider the parts of the corrective order that are alleged to 75.34 be in error. The request must: 75.35 (1) be in writing; 75.36 (2) be delivered to the commissioner by certified mail 76.1 within seven calendar days after receipt of the corrective 76.2 order; 76.3 (3) specify which parts of the corrective order are alleged 76.4 to be in error and explain why they are in error; and 76.5 (4) provide documentation to support the allegation of 76.6 error. 76.7 (d) The commissioner shall respond to requests made under 76.8 paragraph (c) within 15 calendar days after receiving a 76.9 request. A request for reconsideration does not stay the 76.10 corrective order; however, after reviewing the request for 76.11 reconsideration, the commissioner may provide additional time to 76.12 comply with the order if necessary. The commissioner's 76.13 disposition of a request for reconsideration of a corrective 76.14 order is final. 76.15 Subd. 2. [CEASE AND DESIST ORDER.] The commissioner, or an 76.16 employee of the department designated by the commissioner, may 76.17 issue an order to cease an activity otherwise authorized by 76.18 statute, rule, or other authority if continuation of the 76.19 activity would result in an immediate risk to public safety. A 76.20 cease and desist order issued under this subdivision is 76.21 effective for a maximum of 72 hours. In conjunction with 76.22 issuing the cease and desist order, the commissioner may post a 76.23 sign to cease an activity until the cease and desist order is 76.24 lifted and the sign is removed by the commissioner. To restrain 76.25 activities for a period beyond 72 hours, the commissioner must 76.26 seek an injunction or take other administrative action 76.27 authorized by law. The issuance of a cease and desist order 76.28 does not preclude the commissioner from pursuing any other 76.29 enforcement action available to the commissioner. 76.30 Subd. 3. [ACTION FOR INJUNCTIVE RELIEF.] In addition to 76.31 any other remedy provided by law, the commissioner may bring an 76.32 action for injunctive relief in the district court in Ramsey 76.33 county or, at the commissioner's discretion, in the district 76.34 court in the county in which a violation of a statute, rule, or 76.35 other authority has occurred to enjoin the violation. 76.36 Sec. 57. [299A.802] [ADMINISTRATIVE PENALTY ORDERS.] 77.1 Subdivision 1. [GENERAL.] The commissioner may issue an 77.2 administrative penalty order for a violation of statute, rule, 77.3 or other authority if an administrative agent has failed to 77.4 comply with a corrective order issued under section 299A.801 77.5 related to that violation. The maximum amount of an 77.6 administrative penalty order is $10,000 for each administrative 77.7 agent for all violations identified in an inspection or review 77.8 of compliance. In addition to service by certified mail on the 77.9 administrative agent, a copy of the administrative penalty order 77.10 must be given to the county auditor in the county where the 77.11 administrative agent is located. 77.12 Subd. 2. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 77.13 determining the amount of a penalty to be assessed under this 77.14 section, the commissioner may consider: 77.15 (1) the willfulness of the violation; 77.16 (2) the gravity of the violation, including damage to 77.17 consumers or the state; 77.18 (3) the history of past violations; 77.19 (4) the number of violations; 77.20 (5) the economic benefit gained by the administrative agent 77.21 by allowing or committing the violation; and 77.22 (6) other factors as justice may require, if the 77.23 commissioner specifically identifies the additional factors in 77.24 the commissioner's order. 77.25 (b) If an administrative agent violates a corrective order 77.26 after a violation of a previous corrective order, the 77.27 commissioner, in determining the amount of a penalty, must 77.28 consider the factors in paragraph (a) and the following factors: 77.29 (1) similarity of the most recent previous violation of a 77.30 corrective order and the violation to be penalized; 77.31 (2) time elapsed since the last violation of a corrective 77.32 order; 77.33 (3) number of previous violations; and 77.34 (4) response of the administrative agent to the most recent 77.35 previous violation identified. 77.36 Subd. 3. [CONTENTS OF ORDER.] An administrative penalty 78.1 order under this section must include: 78.2 (1) a concise statement of the facts alleged to constitute 78.3 a violation; 78.4 (2) a reference to the portion of the statute, rule, 78.5 variance, order, or stipulation agreement or the term or 78.6 condition of a permit that has been violated; 78.7 (3) a description of the violation of the corrective order 78.8 that forms the basis for issuance of the administrative penalty 78.9 order; 78.10 (4) a statement of the amount of the administrative penalty 78.11 to be imposed and the factors upon which the penalty is based; 78.12 and 78.13 (5) a statement of the administrative agent's right to 78.14 review and appeal of the administrative penalty order. 78.15 Subd. 4. [DUE DATE.] (a) Unless the administrative agent 78.16 requests review of the administrative penalty order under 78.17 subdivision 5 before the penalty is due, the penalty in the 78.18 order is due and payable on the 31st day after the 78.19 administrative penalty order was received, if the administrative 78.20 agent subject to the order fails to provide information to the 78.21 commissioner showing that the violation has been corrected or 78.22 that appropriate steps have been taken toward correcting the 78.23 violation. These requirements may be waived or extended by the 78.24 commissioner. 78.25 (b) Interest at the rate established in section 549.09 78.26 begins to accrue on penalties under this subdivision on the 31st 78.27 day after the order with the penalty was received, unless waived 78.28 by the commissioner. 78.29 Subd. 5. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 78.30 days after receiving an administrative penalty order, the 78.31 administrative agent subject to an order under this section may 78.32 request an expedited hearing, using the procedures of Minnesota 78.33 Rules, parts 1400.8510 to 1400.8612, or their successor rules, 78.34 to review the commissioner's action. The hearing request must 78.35 specifically state the reasons for seeking review of the 78.36 administrative penalty order. The administrative agent to whom 79.1 the administrative penalty order is directed and the 79.2 commissioner are the parties to the expedited hearing. At least 79.3 15 days before the hearing, the commissioner shall notify the 79.4 administrative agent to whom the administrative penalty order is 79.5 directed of the time and place of the hearing. The expedited 79.6 hearing must be held within 30 days after a request for hearing 79.7 has been filed with the commissioner unless the parties agree to 79.8 a later date. 79.9 (b) All written arguments must be submitted within ten days 79.10 following the close of the hearing. The hearing must be 79.11 conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 79.12 or their successor rules, as modified by this subdivision. The 79.13 office of administrative hearings, in consultation with the 79.14 agency, may adopt rules specifically applicable to cases under 79.15 this section. 79.16 (c) Within 30 days following the close of the record, the 79.17 administrative law judge shall issue a report making 79.18 recommendations about the commissioner's action to the 79.19 commissioner. The administrative law judge may not recommend a 79.20 change in the amount of the proposed administrative penalty 79.21 unless the administrative law judge determines that, based on 79.22 the factors in subdivision 1, the amount of the administrative 79.23 penalty is unreasonable. 79.24 (d) If the administrative law judge makes a finding that 79.25 the hearing was requested solely for purposes of delay or that 79.26 the hearing request was frivolous, the commissioner may add to 79.27 the amount of the administrative penalty the costs charged to 79.28 the agency by the office of administrative hearings for the 79.29 hearing. 79.30 (e) If a hearing has been held, the commissioner may not 79.31 issue a final order until at least five days after receipt of 79.32 the report of the administrative law judge. Within those five 79.33 days, the administrative agent to whom an administrative penalty 79.34 order is issued may comment to the commissioner on the 79.35 recommendations and the commissioner shall consider the 79.36 comments. The final administrative penalty order may be 80.1 appealed to the district court for a de novo review of the order. 80.2 (f) If a hearing has been held and a final administrative 80.3 penalty order issued by the commissioner, the administrative 80.4 penalty must be paid by 30 days after the date the final order 80.5 is received unless it is appealed to the district court. If an 80.6 appeal is not taken or the administrative penalty order is 80.7 upheld on appeal, the amount due is the administrative penalty, 80.8 together with interest accruing from 31 days after the original 80.9 order was received, at the rate established in section 549.09. 80.10 Subd. 6. [MEDIATION.] In addition to review under 80.11 subdivision 5, the commissioner may enter into mediation 80.12 concerning an order issued under this section if the 80.13 commissioner and the administrative agent to whom the order is 80.14 issued both agree to mediation. 80.15 Sec. 58. Minnesota Statutes 2002, section 299D.03, 80.16 subdivision 5, is amended to read: 80.17 Subd. 5. [FINES AND FORFEITED BAIL MONEY.] (a) Except for 80.18 the surcharge assessed under section 169.89, subdivision 4a, all 80.19 fines and forfeited bail money, from traffic and motor vehicle 80.20 law violations, collected from persons apprehended or arrested 80.21 by officers of the state patrol, shall be paid by the person or 80.22 officer collecting the fines, forfeited bail money or 80.23 installments thereof, on or before the tenth day after the last 80.24 day of the month in which these moneys were collected, to the 80.25 county treasurer of the county where the violation occurred. 80.26 Three-eighths of these receipts shall be credited to the general 80.27 revenue fund of the county, except that in a county in a 80.28 judicial district under section 480.181, subdivision 1, 80.29 paragraph (b), this three-eighths share must be transmitted to 80.30 the state treasurer for deposit in the state treasury and 80.31 credited to the general fund. The other five-eighths of these 80.32 receipts shall be transmitted by that officer to the state 80.33 treasurer and must be credited to the trunk highway fund. If, 80.34 however, the violation occurs within a municipality and the city 80.35 attorney prosecutes the offense, and a plea of not guilty is 80.36 entered, one-third of the receipts shall be credited to the 81.1 general revenue fund of the county, one-third of the receipts 81.2 shall be paid to the municipality prosecuting the offense, and 81.3 one-third shall be transmitted to the state treasurer as 81.4 provided in this subdivision. All costs of participation in a 81.5 nationwide police communication system chargeable to the state 81.6 of Minnesota shall be paid from appropriations for that purpose. 81.7 (b) Notwithstanding any other provisions of law, all fines 81.8 and forfeited bail money from violations of statutes governing 81.9 the maximum weight of motor vehicles, collected from persons 81.10 apprehended or arrested by employees of the state of Minnesota, 81.11 by means of stationary or portable scales operated by these 81.12 employees, shall be paid by the person or officer collecting the 81.13 fines or forfeited bail money, on or before the tenth day after 81.14 the last day of the month in which the collections were made, to 81.15 the county treasurer of the county where the violation 81.16 occurred. Five-eighths of these receipts shall be transmitted 81.17 by that officer to the state treasurer and shall be credited to 81.18 the highway user tax distribution fund. Three-eighths of these 81.19 receipts shall be credited to the general revenue fund of the 81.20 county, except that in a county in a judicial district under 81.21 section 480.181, subdivision 1, paragraph (b), this 81.22 three-eighths share must be transmitted to the state treasurer 81.23 for deposit in the state treasury and credited to the general 81.24 fund. 81.25 (c) Money collected by virtue of the surcharge assessed 81.26 under section 169.89, subdivision 4a, shall be paid by the 81.27 person collecting the surcharge to the state treasurer, who 81.28 shall credit it to the trooper training account created in 81.29 subdivision 6a. 81.30 Sec. 59. Minnesota Statutes 2002, section 299D.03, 81.31 subdivision 6, is amended to read: 81.32 Subd. 6. [TRAINING PROGRAM.] The commissioner of public 81.33 safety may provide training programs for the purpose of 81.34 obtaining qualified personnel for the state patrol. Persons 81.35 accepted by the commissioner of public safety for training under 81.36 this training program shall be designated state patrol trainees 82.1 and shall receive a salary not to exceed 70 percent of the basic 82.2 salary for patrol officers as prescribed in subdivision 2, 82.3 during the period of the training. Nothing contained in this 82.4 subdivision shall be construed to prevent the commissioner of 82.5 public safety from providing in-service training programs for 82.6 state patrol officers. The commissioner of transportation shall 82.7 furnish the commissioner of public safety with lands and 82.8 buildings necessary in providing in-service training programs 82.9 and the department of public safety shall reimburse the 82.10 department of transportation for all reasonable costs incurred 82.11 due to the provision of these training facilities. All costs 82.12 related to in-service training programs for existing state 82.13 patrol troopers shall first be paid by the commissioner of 82.14 public safety from money in the trooper training account created 82.15 in subdivision 6a to the extent that funds are available in the 82.16 account. 82.17 Sec. 60. Minnesota Statutes 2002, section 299D.03, is 82.18 amended by adding a subdivision to read: 82.19 Subd. 6a. [TROOPER TRAINING ACCOUNT; APPROPRIATION.] (a) A 82.20 trooper training account is created in the special revenue 82.21 fund. The account receives surcharges credited under 82.22 subdivision 5 and other money as specified by law. 82.23 (b) All funds in the account are annually appropriated to 82.24 the commissioner of public safety to be used for in-service 82.25 training programs for existing state patrol troopers. 82.26 (c) As part of the department's biennial budget, the 82.27 commissioner shall provide information on revenues deposited in 82.28 the account, past and proposed uses of the account, and the 82.29 available account balance. 82.30 Sec. 61. Minnesota Statutes 2002, section 299E.01, is 82.31 amended by adding a subdivision to read: 82.32 Subd. 6. [VEHICLE TOWING.] Towing policy and practice for 82.33 vehicles in public parking spaces within the capitol complex 82.34 must conform to provisions of section 169.041. 82.35 Sec. 62. Minnesota Statutes 2002, section 360.305, 82.36 subdivision 4, is amended to read: 83.1 Subd. 4. [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR 83.2 CONSTRUCTION ACCOUNT.] (a) Except as otherwise provided in this 83.3 subdivision, the commissioner of transportation shall require as 83.4 a condition of assistance by the state that the political 83.5 subdivision, municipality, or public corporation make a 83.6 substantial contribution to the cost of the construction, 83.7 improvement, maintenance, or operation of the airport, in 83.8 connection with which the assistance of the state is sought. 83.9 These costs are referred to as project costs. 83.10 (b) For any airport, whether key, intermediate or landing 83.11 strip, where only state and local funds are to be used, the 83.12 contribution shall be not less thanone-fifthten percent of the 83.13 sum of: 83.14 (1) the project costs; 83.15 (2) acquisition costs of the land and clear zones, which 83.16 are referred to as acquisition costs. 83.17 (c) For any airport where federal, state and local funds 83.18 are to be used, the contribution shall not be less than 83.19one-tenthfive percent of the sum of the project costs and 83.20 acquisition costs. 83.21 (d) The commissioner may pay the total cost of radio and 83.22 navigational aids. 83.23 (e) Notwithstanding paragraph (b) or (c), the commissioner 83.24 may pay all of the project costs of a new landing strip, but not 83.25 an intermediate airport or key airport, or may pay an amount 83.26 equal to the federal funds granted and used for a new landing 83.27 strip plus all of the remaining project costs; but the total 83.28 amount paid by the commissioner for the project costs of a new 83.29 landing strip, unless specifically authorized by an act 83.30 appropriating funds for the new landing strip, shall not exceed 83.31 $200,000. 83.32 (f) Notwithstanding paragraph (b) or (c), the commissioner 83.33 may pay all the project costs for research and development 83.34 projects, including, but not limited to noise abatement; 83.35 provided that in no event shall the sums expended under this 83.36 paragraph exceed five percent of the amount appropriated for 84.1 construction grants. 84.2 (g) To receive aid under this section for project costs or 84.3 for acquisition costs, the municipality must enter into an 84.4 agreement with the commissioner giving assurance that the 84.5 airport will be operated and maintained in a safe, serviceable 84.6 manner for aeronautical purposes only for the use and benefit of 84.7 the public: 84.8 (1) for 20 years after the date that any state funds for 84.9 project costs are received by the municipality; and 84.10 (2) for 99 years after the date that any state funds for 84.11 acquisition costs are received by the municipality. 84.12 The agreement may contain other conditions as the commissioner 84.13 deems reasonable. 84.14 (h) The commissioner shall establish a hangar construction 84.15 revolving account which shall be used for the purpose of 84.16 financing the construction of hangar buildings to be constructed 84.17 by municipalities owning airports. All municipalities owning 84.18 airports are authorized to enter into contracts for the 84.19 construction of hangars, and contracts with the commissioner for 84.20 the financing of hangar construction for an amount and period of 84.21 time as may be determined by the commissioner and municipality. 84.22 All receipts from the financing contracts shall be deposited in 84.23 the hangar construction revolving account and are reappropriated 84.24 for the purpose of financing construction of hangar buildings. 84.25 The commissioner may pay from the hangar construction revolving 84.26 account 80 percent of the cost of financing construction of 84.27 hangar buildings. For purposes of this clause, the construction 84.28 of hangars shall include their design. The commissioner shall 84.29 transfer up to$4,400,000$5,400,000 from the state airports 84.30 fund to the hangar construction revolving account. 84.31 (i) The commissioner may pay a portion of the purchase 84.32 price of any airport maintenance and safety equipment and of the 84.33 actual airport snow removal costs incurred by any municipality. 84.34 The portion to be paid by the state shall not exceed two-thirds 84.35 of the cost of the purchase price or snow removal. To receive 84.36 aid a municipality must enter into an agreement of the type 85.1 referred to in paragraph (g). 85.2 (j) This subdivision shall apply only to project costs or 85.3 acquisition costs of municipally owned airports which are 85.4 incurred after June 1, 1971. 85.5 Sec. 63. Laws 1999, chapter 238, article 1, section 2, 85.6 subdivision 2, is amended to read: 85.7 Subd. 2. Aeronautics 19,327,000 19,410,000 85.8 Summary by Fund 85.9 Airports 19,266,000 19,349,000 85.10 General 50,000 50,000 85.11 Trunk Highway 11,000 11,000 85.12 Except as otherwise provided, the 85.13 appropriations in this subdivision are 85.14 from the state airports fund. 85.15 The amounts that may be spent from this 85.16 appropriation for each activity are as 85.17 follows: 85.18 (a) Airport Development and Assistance 85.19 2000 2001 85.20 13,948,000 13,948,000 85.21 $12,846,000 the first year and 85.22 $12,846,000 the second year are for 85.23 navigational aids, construction grants, 85.24 and maintenance grants. If the 85.25 appropriation for either year is 85.26 insufficient, the appropriation for the 85.27 other year is available for it. 85.28 These appropriations must be spent in 85.29 accordance with Minnesota Statutes, 85.30 section 360.305, subdivision 4. 85.31 Notwithstanding Minnesota Statutes, 85.32 section 16A.28, subdivision 6, funds 85.33 are available for five years after 85.34 appropriation. 85.35 (b) Aviation Support 85.36 5,247,000 5,329,000 85.37 $65,000 the first year and $65,000 the 85.38 second year are for the civil air 85.39 patrol. 85.40 (c) Air Transportation Services 85.41 132,000 133,000 85.42 Summary by Fund 85.43 Airports 71,000 72,000 85.44 General 50,000 50,000 86.1 Trunk Highway 11,000 11,000 86.2 Sec. 64. Laws 2000, chapter 433, section 4, is amended to 86.3 read: 86.4 Sec. 4. [EFFECTIVE DATE.] 86.5 Sections 1 to 3 are effective the day following final 86.6 enactmentand are repealed June 1, 2003. 86.7 Sec. 65. Laws 2001, First Special Session chapter 8, 86.8 article 1, section 2, subdivision 2, is amended to read: 86.9 Subd. 2. Aeronautics 20,748,000 20,489,000 86.10 Summary by Fund 86.11 Airports 20,687,000 20,428,000 86.12 General 50,000 50,000 86.13 Trunk Highway 11,000 11,000 86.14 Except as otherwise provided, the 86.15 appropriations in this subdivision are 86.16 from the state airports fund. 86.17 The amounts that may be spent from this 86.18 appropriation for each activity are as 86.19 follows: 86.20 (a) Airport Development and Assistance 86.21 14,298,000 14,298,000 86.22 These appropriations must be spent 86.23 according to Minnesota Statutes, 86.24 section 360.305, subdivision 4. 86.25 If the appropriation for either year is 86.26 insufficient, the appropriation for the 86.27 other year is available for it. 86.28 Notwithstanding Minnesota Statutes, 86.29 section 16A.28, subdivision 6, funds 86.30 are available for five years after 86.31 appropriation. 86.32 (b) Aviation Support 86.33 6,315,000 6,053,000 86.34 $65,000 the first year and $65,000 the 86.35 second year are for the civil air 86.36 patrol. 86.37 $600,000 each year is for GPS 86.38 navigation systems. Of this amount, 86.39 $250,000 each year adds to the agency's 86.40 budget base. 86.41 $400,000 the first year and $50,000 the 86.42 second year are for the development of 86.43 on-line aircraft registration 86.44 capabilities. 86.45 (c) Air Transportation Services 87.1 135,000 138,000 87.2 Summary by Fund 87.3 Airports 74,000 77,000 87.4 General 50,000 50,000 87.5 Trunk Highway 11,000 11,000 87.6 The commissioner shall take all 87.7 feasible actions to seek a waiver from 87.8 the appropriate federal authorities 87.9 that would allow the commissioner to 87.10 sell the airplane described in Laws 87.11 1997, chapter 159, article 1, section 87.12 2, subdivision 2, clause (c). Any 87.13 proceeds from the sale of the airplane 87.14 must be deposited in the general fund. 87.15 Sec. 66. Laws 2002, chapter 374, article 11, section 10, 87.16 subdivision 3, is amended to read: 87.17 Subd. 3. 1998CSAHForest Highway9011 590,000 87.18 Sec. 67. [PAVEMENT STRIPING DURING CONSTRUCTION.] 87.19 The commissioner of transportation shall revise the 87.20 Minnesota Manual on Uniform Traffic Control Devices for streets 87.21 and highways to remove from sections 6F.65 and 6F.66, and any 87.22 other relevant section of that manual, requirements relating to 87.23 maintaining interim pavement striping during highway 87.24 construction. 87.25 Sec. 68. [STUDY; USE OF CENTERLINE RUMBLE STRIPS.] The 87.26 commissioner of transportation shall study the feasibility and 87.27 practicability of: 87.28 (1) including milled-in rumble strips on the centerline of 87.29 the highway in all projects for the construction, 87.30 reconstruction, or resurfacing of two-lane trunk highways; and 87.31 (2) requiring that all projects for the construction, 87.32 reconstruction, or resurfacing of two-lane county state-aid 87.33 highways outside urban districts include milled-in rumble strips 87.34 on the centerline of the highway. 87.35 Sec. 69. [BUS RAPID TRANSIT STUDY.] 87.36 Subdivision 1. [STUDY REQUIRED.] The department of 87.37 transportation and the metropolitan council shall jointly 87.38 conduct a study on the feasibility of implementing a bus rapid 87.39 transit (BRT) system in the marked interstate highway 35W (I-35W) 87.40 corridor from downtown Minneapolis through south Minneapolis and 88.1 the cities of Richfield, Bloomington, Burnsville, and 88.2 Lakeville. Bus rapid transit systems are those systems that 88.3 provide for significantly faster operating bus speeds, 88.4 integrated service, greater service reliability, and increased 88.5 convenience through investments in bus infrastructure, 88.6 equipment, technology, and operational improvements. 88.7 Subd. 2. [BRT STUDY ADVISORY COMMITTEE.] The commissioner 88.8 of transportation shall appoint a joint powers board, that has 88.9 been in existence since January 1, 1990, and whose members 88.10 include all of the cities included in subdivision 1, as a BRT 88.11 study advisory committee to provide advice on the study design, 88.12 methodology, and recommendations. The joint powers board shall 88.13 include within its working committees persons who are employers 88.14 in downtown Minneapolis and along the corridor, current transit 88.15 riders in the corridor, representatives of neighborhoods along 88.16 the corridor, and representatives of transit providers in the 88.17 corridor. 88.18 Subd. 3. [STUDY REQUIREMENTS.] The study must, at a 88.19 minimum, include an analysis of the benefits and costs of 88.20 implementing a bus rapid transit system that includes the 88.21 following: 88.22 (1) frequent operation of buses on exclusive or 88.23 near-exclusive right-of-way on marked interstate highway 35W; 88.24 (2) changes in bus or platform design and fare collection 88.25 that provide for faster and more convenient boarding; 88.26 (3) station locations that are adjacent to, or easily 88.27 accessible from, the exclusive right-of-way; 88.28 (4) traffic management improvements and traffic signal 88.29 preemption on local streets within the I-35W corridor; and 88.30 (5) changes to existing transit services to provide for 88.31 timely connections and transfers. 88.32 Subd. 4. [STUDY RECOMMENDATIONS.] (a) The study must 88.33 recommend: 88.34 (1) options for implementing bus rapid transit in the I-35W 88.35 corridor; 88.36 (2) the associated cost of each option; and 89.1 (3) the anticipated benefits in terms of reduced travel 89.2 times, increased ridership, and impacts on congestion levels 89.3 within the corridor. 89.4 (b) The study must be submitted by December 10, 2004, to 89.5 the house of representatives and senate committees with 89.6 jurisdiction over transportation policy and finance. 89.7 Sec. 70. [PARTICIPATION IN METROPOLITAN AIRPORTS 89.8 COMMISSION TAXICAB ADVISORY COMMITTEE.] 89.9 To the extent the metropolitan airports commission 89.10 maintains a taxicab advisory committee, the commission must 89.11 allow for full public comment and participation of any 89.12 individual, association, or other entity within the taxicab 89.13 industry. The commission may not prohibit participation of any 89.14 representative of a taxicab owner, taxicab company, or 89.15 association that qualifies to be a member of the taxicab 89.16 advisory committee. 89.17 Sec. 71. [TRANSIT CENTER IN BROOKLYN CENTER.] 89.18 The metropolitan council must construct and maintain a 89.19 transit center in Brooklyn Center to service the area. The 89.20 center must include adequate bathroom facilities, must be 89.21 climate controlled, must be off the street, and must have 89.22 on-site supervision. The center must be located north of Bass 89.23 Lake Road, east of Shingle Creek Parkway, and west of marked 89.24 trunk highway 100 and must be completed and operational by June 89.25 1, 2004. 89.26 Sec. 72. [HUBBARD MARKETPLACE TRANSIT STATION PUBLIC 89.27 ACCESS.] 89.28 The metropolitan council is prohibited from reducing the 89.29 level of public access to services and facilities at Hubbard 89.30 Marketplace transit station, in the city of Robbinsdale, as long 89.31 as Hubbard Marketplace continues to be operated as a transit 89.32 station. 89.33 Sec. 73. [ITASCA COUNTY; LAND EXCHANGE.] 89.34 Notwithstanding Minnesota Statutes, section 373.01, 89.35 subdivision 1, Itasca county may exchange a parcel or parcels of 89.36 real property of substantially similar or equal value without 90.1 advertising for bids to acquire real property for maintenance 90.2 facilities directly related to county highways. The estimated 90.3 value of the parcels exchanged must be determined by the Itasca 90.4 county assessor, and the exchange must otherwise comply with 90.5 Minnesota Statutes, section 373.01, and other applicable law. 90.6 [EFFECTIVE DATE.] This section is effective immediately 90.7 without local approval, because it enables a local government 90.8 unit to exercise authority not granted by general law as 90.9 provided in Minnesota Statutes, section 645.023, subdivision 1, 90.10 paragraph (a). 90.11 Sec. 74. [REPORT.] 90.12 The commissioner shall, to the greatest extent possible, 90.13 enter into lease agreements for the use of highway rest areas, 90.14 as described in Minnesota Statutes, section 160.28, subdivision 90.15 3. On or before January 15, 2005, the commissioner shall report 90.16 to the house of representatives and senate committees with 90.17 jurisdiction over transportation policy and finance concerning 90.18 existing lease agreements, revenues collected, projected 90.19 revenues, and the impact of the lease agreements and revenues on 90.20 the highway rest area program. 90.21 Sec. 75. [REPEALER.] 90.22 (a) Minnesota Statutes 2002, sections 16A.88, subdivision 90.23 3; 169.794; 169.799; and 174.242, are repealed. 90.24 (b) Minnesota Rules, parts 7403.1300; 7413.0400; and 90.25 7413.0500, are repealed. 90.26 ARTICLE 4 90.27 DRIVER'S LICENSE PROVISIONS 90.28 Section 1. Minnesota Statutes 2002, section 171.015, is 90.29 amended by adding a subdivision to read: 90.30 Subd. 7. [RULEMAKING LIMITATION.] In exercising rulemaking 90.31 authority, the commissioner may not, in the absence of specific 90.32 legislative direction, include on a driver's license or 90.33 identification card personal information, by coding or 90.34 otherwise, that is not explicitly authorized in law. 90.35 Sec. 2. [171.025] [PROOF OF IDENTITY AND RESIDENCY.] 90.36 Subdivision 1. [IN GENERAL.] (a) At the time of 91.1 application for a driver's license, permit, or identification 91.2 card, the applicant shall present a Minnesota driver's license, 91.3 permit, or Minnesota identification card if one of these has 91.4 been issued to the applicant. 91.5 (b) The Minnesota driver's license, identification card, or 91.6 permit must not have expired more than: 91.7 (1) five years before it is presented if it has a color 91.8 photograph or electronically produced or digitized image of the 91.9 applicant; or 91.10 (2) one year before it is presented if it does not have a 91.11 color photograph or electronically produced or digitized image 91.12 of the applicant. A temporary seven-day driver's license issued 91.13 to a Minnesota-licensed driver only by the state of Minnesota 91.14 under section 169A.52, subdivision 7, paragraph (c), clause (2), 91.15 may be presented if it is not expired more than one year. 91.16 (c) As proof of full name, date of birth, and identity, if 91.17 the applicant cannot present: 91.18 (1) a Minnesota driver's license, identification card, or 91.19 permit that is current or has expired for five years or less 91.20 with a color photograph or electronically produced or digitized 91.21 image; or 91.22 (2) a Minnesota driver's license, identification card, or 91.23 permit that is current or has been expired for one year or less 91.24 without a color photograph or electronically produced or 91.25 digitized image, one of the following documents, or other 91.26 documents as specified by the commissioner in rules, will be 91.27 accepted as proof of name and identity: 91.28 (i) an original or certified copy of the birth certificate 91.29 or adoption certificate of the applicant; 91.30 (ii) an identification card issued to the applicant by the 91.31 United States Armed Services; 91.32 (iii) a Certificate of Naturalization or Citizenship, 91.33 Northern Mariana card, American Indian card, an unexpired 91.34 employment authorization document bearing the applicant's 91.35 photograph, an unexpired Re-entry Permit/Refugee Travel 91.36 Document, or a passport issued to the applicant if it meets the 92.1 full name requirement specified in Minnesota Rules; 92.2 (iv) a certified school record of the applicant; 92.3 (v) a baptismal record of the applicant; or 92.4 (vi) confirmation of the name and identity of an applicant 92.5 under 19 years of age by a parent, spouse, or guardian who must 92.6 accompany the applicant and furnish proof of his or her name and 92.7 identity as provided in clauses (i) to (v) or paragraph (a). 92.8 Subd. 2. [RESIDENCE ADDRESS ON LICENSE, PERMIT, OR 92.9 IDENTIFICATION CARD.] (a) The department shall issue a Minnesota 92.10 driver's license, permit, or identification card only to an 92.11 individual who has a residence address in the state at the time 92.12 of application, by showing a residence number, street name, 92.13 street type, directional if any, statutory or home rule charter 92.14 city or town, state, and zip code. 92.15 (b) The applicant shall indicate on the application form 92.16 for a Minnesota driver's license, identification card, or 92.17 permit, the applicant's residence address in the state. An 92.18 individual may have only one residence address where the 92.19 individual is domiciled at any particular time. The residence 92.20 address of the individual is presumed to continue until the 92.21 contrary is shown. 92.22 Subd. 3. [DOCUMENTS SUFFICIENT TO PROVE RESIDENCY.] To 92.23 demonstrate lawful short-term admission to the United States, 92.24 permanent United States resident status, or United States 92.25 citizenship, an applicant must attest to a Minnesota residence 92.26 address on the application form and present either a document 92.27 specified by the commissioner in rules, or: 92.28 (1) a certified copy of a birth certificate issued by a 92.29 United States government Bureau of Vital Statistics or by a 92.30 board of health of a United States jurisdiction; 92.31 (2) a Certificate of Naturalization issued by the United 92.32 States Department of Justice; 92.33 (3) a document issued by the United States Department of 92.34 Homeland Security, Justice, or State, indicating either lawful 92.35 short-term admission to the United States or permanent United 92.36 States resident status; or 93.1 (4) a Minnesota driving permit, driver's license, or 93.2 identification card that is current or expired for not more than 93.3 five years. 93.4 Subd. 4. [NON-ENGLISH DOCUMENTS; TRANSLATION.] All 93.5 documents submitted to the department in a language other than 93.6 English must be accompanied by a translation of that document 93.7 into the English language. 93.8 Subd. 5. [PROOF OF RESIDENCY REQUIRED AT TIME OF 93.9 APPLICATION.] Proof of residency is required at the time of 93.10 application for an initial permit, driver's license, or 93.11 identification card. The applicant must attest to a residence 93.12 address in Minnesota and demonstrate proof of either lawful 93.13 short-term admission to the United States, permanent United 93.14 States resident status, indefinite authorized presence status, 93.15 or United States citizenship. 93.16 Subd. 6. [PROOF OF RESIDENCY AT RENEWAL.] (a) Proof of 93.17 residency is required at the time of application for renewal of 93.18 a driver's license, permit, or identification card. 93.19 (b) A person with permanent United States resident status, 93.20 indefinite authorized presence status, or United States 93.21 citizenship must attest to a residence address in Minnesota. 93.22 (c) A person with lawful short-term admission to the United 93.23 States must attest to a residence address in Minnesota and 93.24 provide proof of lawful short-term admission status to the 93.25 United States. 93.26 Subd. 7. [DOCUMENTS NOT SUFFICIENT TO PROVE 93.27 RESIDENCY.] The presentation of a driver's license, permit, or 93.28 identification card from another jurisdiction or another United 93.29 States state is not acceptable as proof of permanent United 93.30 States resident status, indefinite authorized presence status, 93.31 lawful short-term admission to the United States, or United 93.32 States citizenship. 93.33 Subd. 8. [EVIDENCE REQUIRED WHEN NAME CHANGED.] If there 93.34 has been a change in the individual's legal full name as it 93.35 appears on the presented document specified in this section or 93.36 section 171.025, the individual must also present evidence of a 94.1 change of name as specified by rule of the commissioner. 94.2 Subd. 9. [LAWFUL SHORT-TERM ADMISSION STATUS.] (a) If the 94.3 lawful admission period indicated on the federal primary 94.4 document presented expires in 30 days or more from the date of 94.5 application for the state driver's license, permit, or 94.6 identification card, the department shall issue to the applicant 94.7 a driver's license, permit, or identification card with an 94.8 expiration date that coincides with the lawful admission period 94.9 on the federal primary document presented. 94.10 (b) The department shall not issue a driver's license, 94.11 permit, or identification card if an individual has no lawful 94.12 admission status to the United States or if the lawful 94.13 short-term admission period expires in 30 days or less. 94.14 Sec. 3. Minnesota Statutes 2002, section 171.06, 94.15 subdivision 3, is amended to read: 94.16 Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 94.17 An application must: 94.18 (1) state the full name, date of birth, sex, and residence 94.19 address of the applicant; 94.20 (2) as may be required by the commissioner, contain a 94.21 description of the applicant, which consists of the applicant's 94.22 height in feet and inches, weight in pounds, and eye color, and 94.23 any other facts pertaining to the applicant, the applicant's 94.24 driving privileges, and the applicant's ability to operate a 94.25 motor vehicle with safety; 94.26 (3) for a class C, class B, or class A driver's license, 94.27 state the applicant's social security number or, for a class D 94.28 driver's license, have a space for the applicant's social 94.29 security number and state that providing the number is optional, 94.30 or otherwise convey that the applicant is not required to enter 94.31 the social security number; 94.32 (4) contain a space where the applicant may indicate a 94.33 desire to make an anatomical gift according to paragraph (b); 94.34 and 94.35 (5) contain a notification to the applicant of the 94.36 availability of a living will/health care directive designation 95.1 on the license under section 171.07, subdivision 7. 95.2 (b) If the applicant does not indicate a desire to make an 95.3 anatomical gift when the application is made, the applicant must 95.4 be offered a donor document in accordance with section 171.07, 95.5 subdivision 5. The application must contain statements 95.6 sufficient to comply with the requirements of the Uniform 95.7 Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 95.8 that execution of the application or donor document will make 95.9 the anatomical gift as provided in section 171.07, subdivision 95.10 5, for those indicating a desire to make an anatomical gift. 95.11 The application must be accompanied by information describing 95.12 Minnesota laws regarding anatomical gifts and the need for and 95.13 benefits of anatomical gifts, and the legal implications of 95.14 making an anatomical gift, including the law governing 95.15 revocation of anatomical gifts. The commissioner shall 95.16 distribute a notice that must accompany all applications for and 95.17 renewals of a driver's license or Minnesota identification 95.18 card. The notice must be prepared in conjunction with a 95.19 Minnesota organ procurement organization that is certified by 95.20 the federal Department of Health and Human Services and must 95.21 include: 95.22 (1) a statement that provides a fair and reasonable 95.23 description of the organ donation process, the care of the donor 95.24 body after death, and the importance of informing family members 95.25 of the donation decision; and 95.26 (2) a telephone number in a certified Minnesota organ 95.27 procurement organization that may be called with respect to 95.28 questions regarding anatomical gifts. 95.29 (c) The application must be accompanied also by information 95.30 containing relevant facts relating to: 95.31 (1) the effect of alcohol on driving ability; 95.32 (2) the effect of mixing alcohol with drugs; 95.33 (3) the laws of Minnesota relating to operation of a motor 95.34 vehicle while under the influence of alcohol or a controlled 95.35 substance; and 95.36 (4) the levels of alcohol-related fatalities and accidents 96.1 in Minnesota and of arrests for alcohol-related violations. 96.2 Sec. 4. Minnesota Statutes 2002, section 171.07, 96.3 subdivision 1, is amended to read: 96.4 Subdivision 1. [LICENSE; CONTENTS.] (a) Upon the payment 96.5 of the required fee, the department shall issue to every 96.6 qualifying applicant a license designating the type or class of 96.7 vehicles the applicant is authorized to drive as applied for. 96.8 This license must bear a distinguishing number assigned to the 96.9 licensee, the full name, date of birth, residence address and 96.10 permanent mailing address if different,a description of the96.11licensee in a manner as the commissioner deems necessary,and 96.12 the usual signature of the licensee. No license is valid unless 96.13 it bears the usual signature of the licensee. Every license 96.14 must bear a colored photograph or an electronically produced 96.15 image of the licensee. 96.16 (b) Every license issued to an applicant under the age of 96.17 21 must be of a distinguishing color and plainly marked 96.18 "Under-21." 96.19 (c) The department shall use processes in issuing a license 96.20 that prohibit, as nearly as possible, the ability to alter or 96.21 reproduce a license, or prohibit the ability to superimpose a 96.22 photograph or electronically produced image on a license, 96.23 without ready detection. 96.24 (d) A license issued to an applicant age 65 or over must be 96.25 plainly marked "senior" if requested by the applicant. 96.26 Sec. 5. Minnesota Statutes 2002, section 171.07, 96.27 subdivision 3, is amended to read: 96.28 Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of 96.29 the required fee, the department shall issue to every qualifying 96.30 applicant a Minnesota identification card. The department may 96.31 not issue a Minnesota identification card to a person who has a 96.32 driver's license, other than a limited license, from any 96.33 jurisdiction, or has an identification card from any 96.34 jurisdiction, unless and until the person's license or 96.35 identification card from any jurisdiction has been invalidated. 96.36 The card must bear a distinguishing number assigned to the 97.1 applicant; a colored photograph or an electronically produced 97.2 image of the applicant; the applicant's full name, date of 97.3 birth, and residence address; a description of the applicantin97.4the manner as the commissioner deems necessary, which consists 97.5 of the applicant's height in feet and inches, weight in pounds, 97.6 eye color, and sex; and the usual signature of the applicant. 97.7 (b) Each identification card issued to an applicant under 97.8 the age of 21 must be of a distinguishing color and plainly 97.9 marked "Under-21." 97.10 (c) Each Minnesota identification card must be plainly 97.11 marked "Minnesota identification card - not a driver's license." 97.12 (d) The fee for a Minnesota identification card is 50 cents 97.13 when issued to a person who is mentally retarded, as defined in 97.14 section 252A.02, subdivision 2; a physically disabled person, as 97.15 defined in section 169.345, subdivision 2; or, a person with 97.16 mental illness, as described in section 245.462, subdivision 20, 97.17 paragraph (c). 97.18 Sec. 6. Minnesota Statutes 2002, section 171.07, 97.19 subdivision 4, is amended to read: 97.20 Subd. 4. [EXPIRATION.] (a) Except as otherwise provided in 97.21 this subdivision, the expiration date of Minnesota 97.22 identification cards of applicants under the age of 65 shall be 97.23the birthday of the applicant in the fourth year followingfour 97.24 years after the date of issuance of the card. 97.25 (b) Minnesota identification cards issued to applicants age 97.26 65 or over shall be valid for the lifetime of the applicant. 97.27 (c) The expiration date for an Under-21 identification card 97.28 is the cardholder's 21st birthday. The commissioner shall issue 97.29 an identification card to a holder of an Under-21 identification 97.30 card who applies for the card, pays the required fee, and 97.31 presents proof of identity and age, unless the commissioner 97.32 determines that the applicant is not qualified for the 97.33 identification card. 97.34 (d) The expiration date for a Minnesota identification card 97.35 issued to an applicant with lawful short-term admission status 97.36 must be the date that coincides with expiration of the federal 98.1 admission period or four years after the date of issuance, 98.2 whichever date first occurs. 98.3 Sec. 7. [171.075] [DRIVER'S IMAGE FOR LICENSE, PERMIT, OR 98.4 CARD.] 98.5 Subdivision 1. [FULL FACE IMAGE.] The applicant for a 98.6 driver's license, permit, or identification card must have a 98.7 full face image taken by the department that is a representation 98.8 of the true appearance of the applicant. The face of the 98.9 applicant must be uncovered and unobscured. 98.10 Subd. 2. [USE OF PREVIOUS IMAGE.] The use of the previous 98.11 image on file with the department is limited to: 98.12 (1) duplicate drivers' licenses and identification cards; 98.13 and 98.14 (2) one renewal cycle for a person who applied to the 98.15 department and certifies that the person is out of the state at 98.16 the time the driver's license or identification card expires and 98.17 intends to return within four years. 98.18 Subd. 3. [UPDATED IMAGE REQUIRED UPON RETURN.] Within 30 98.19 days after the return to Minnesota of an applicant whose 98.20 previous image was used in accordance with subdivision 2, clause 98.21 (2), the applicant shall appear at a driver's license renewal 98.22 office and shall allow an updated image to be taken. 98.23 Sec. 8. Minnesota Statutes 2002, section 171.27, is 98.24 amended to read: 98.25 171.27 [EXPIRATION OF LICENSE.] 98.26 Subdivision 1. [DRIVER'S LICENSE.] Except as otherwise 98.27 provided in this section, the expiration date for each driver's 98.28 license, other than under-21 licenses, isthe birthday of the98.29driver in the fourth year followingfour years after the date of 98.30 issuance of the license.The birthday of the driver shall be as98.31indicated on the application for a driver's license.A license 98.32 may be renewed on or before expiration or within one year after 98.33 expiration upon application, proof of residency, payment of the 98.34 required fee, and passing the examination required of all 98.35 drivers for renewal. Driving privileges shall be extended or 98.36 renewed on or preceding the expiration date of an existing 99.1 driver's license unless the commissioner believes that the 99.2 licensee is no longer qualified as a driver or is no longer a 99.3 legal resident of the state. 99.4 Subd. 2. [UNDER-21 LICENSE.] The expiration date for each 99.5 under-21 license shall be the 21st birthday of the licensee or 99.6 the date of expiration of short-term admission status, whichever 99.7 occurs earlier. Upon the licensee attaining the age of 21 and 99.8 upon the application, payment of the required fee, and passing 99.9 the examination required of all drivers for renewal, a driver's 99.10 license shall be issued unless the commissioner determines that 99.11 the licensee is no longer qualified as a driver or is no longer 99.12 a legal resident of the state. 99.13 Subd. 3. [PROVISIONAL LICENSE.] The expiration date for 99.14 each provisional license is two years after the date of 99.15 application for the provisional license or the date of 99.16 expiration of short-term admission status, whichever occurs 99.17 earlier. 99.18 Subd. 4. [LICENSE HELD BY PERSON SERVING IN ARMED FORCES.] 99.19 Any valid Minnesota driver's license issued to a person then or 99.20 subsequently on active duty with the Armed Forces of the United 99.21 States, or the person's spouse, shall continue in full force and 99.22 effect without requirement for renewal until 90 days after the 99.23 date of the person's discharge from such service, provided that 99.24 a spouse's license must be renewed if the spouse is residing 99.25 within the state at the time the license expires or within 90 99.26 days after the spouse returns to Minnesota and resides within 99.27 the state. 99.28 Subd. 5. [LICENSE HELD BY PERSON WITH LAWFUL SHORT-TERM 99.29 ADMISSION STATUS.] The expiration date for a Minnesota driver's 99.30 license issued to an applicant with lawful short-term admission 99.31 status must be the date that coincides with expiration of the 99.32 federal admission period or four years after the date of 99.33 issuance, whichever date first occurs. 99.34 Subd. 6. [RENEWAL AFTER EXPIRATION OF SHORT-TERM 99.35 STATUS.] (a) If the applicant presents an accepted application 99.36 from the United States Department of Justice for an extension of 100.1 or change in the federal lawful admission period, the department 100.2 shall issue the driver's license, permit, or identification card 100.3 with an expiration date of six months from the date of the 100.4 federal receipt for the extension or change in order to provide 100.5 a grace period while the application for the extension is 100.6 processed. 100.7 (b) The department shall issue a driver's license, permit, 100.8 or identification card with an expiration date four years after 100.9 the date of issuance, or on the date of expiration of short-term 100.10 admission status, whichever occurs first, if (1) the applicant 100.11 presents a subsequent federal document indicating extension of 100.12 short-term admission status, permanent United States resident 100.13 status, indefinite authorized presence status, or United States 100.14 citizenship, and (2) the applicant pays the duplicate fee as 100.15 specified in section 171.06. 100.16 Subd. 7. [PROOF OF RESIDENCY AT RENEWAL.] Proof of 100.17 residency is required at the time of application for renewal of 100.18 a driving permit, driver's license, or state identification card. 100.19 Sec. 9. [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIAL 100.20 DRIVERS.] 100.21 Subdivision l. [ENDORSEMENT.] Before being issued or 100.22 renewing a class C, class B, or class A driver's license with a 100.23 hazardous materials endorsement, the applicant must comply with 100.24 federal regulations incorporated in this section. 100.25 Subd. 2. [ADOPTION OF FEDERAL REGULATIONS.] Public Law 100.26 107-56, section 1012, as implemented in Code of Federal 100.27 Regulations, title 49, is incorporated by reference. 100.28 Subd. 3. [RULES.] The commissioner of public safety may 100.29 adopt rules pursuant to section 14.388, clause (1), in order to 100.30 implement this section. 100.31 [EFFECTIVE DATE.] This section is effective the day 100.32 following final enactment. 100.33 Sec. 10. [REISSUING DRIVER'S LICENSE OR IDENTIFICATION 100.34 CARD.] 100.35 Notwithstanding Minnesota Statutes, section 171.06, upon 100.36 surrender of the person's driver's license or identification 101.1 card bearing the status check notation, the registrar shall 101.2 issue a duplicate driver's license or duplicate identification 101.3 card that does not bear a status check notation. No fee is 101.4 required for issuance of the license or identification card.