HF 1520

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; modifying restrictions on 
  1.3             funds in disaster accounts of county state-aid highway 
  1.4             fund and municipal state-aid street fund; transferring 
  1.5             authority for grants to highway safety center to 
  1.6             commissioner of public safety; modifying state rail 
  1.7             bank lease provisions; amending Minnesota Statutes 
  1.8             2000, sections 162.06, subdivision 3; 162.12, 
  1.9             subdivision 3; 171.29, subdivision 2; and 222.63, 
  1.10            subdivision 4. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 162.06, 
  1.13  subdivision 3, is amended to read: 
  1.14     Subd. 3.  [DISASTER ACCOUNT.] After deducting 
  1.15  administrative costs as provided in subdivision 2, the 
  1.16  commissioner shall set aside each year a sum of money equal to 
  1.17  one percent of the remaining money in the county state-aid 
  1.18  highway fund to provide for a disaster account; provided that 
  1.19  the total amount of money in the disaster account shall never 
  1.20  exceed one two percent of the total sums to be apportioned to 
  1.21  the counties.  This sum shall be used to provide aid to any 
  1.22  county encountering disasters or unforeseen events affecting its 
  1.23  county state-aid highway system, and resulting in an undue and 
  1.24  burdensome financial hardship.  Any county desiring aid by 
  1.25  reason of such disaster or unforeseen event shall request the 
  1.26  aid in the form required by the commissioner.  Upon receipt of 
  1.27  the request the commissioner shall appoint a board consisting of 
  1.28  two representatives of the counties, who must be either a county 
  2.1   engineer or member of a county board, from counties other than 
  2.2   the requesting county, and a representative of the 
  2.3   commissioner.  The board shall investigate the matter and report 
  2.4   its findings and recommendations in writing to the 
  2.5   commissioner.  Final determination of the amount of aid, if any, 
  2.6   to be paid to the county from the disaster account shall be made 
  2.7   by the commissioner.  Upon determining to aid any such county 
  2.8   the commissioner shall certify to the commissioner of finance 
  2.9   the amount of the aid, and the commissioner of finance shall 
  2.10  thereupon issue a warrant in that amount payable to the county 
  2.11  treasurer of the county.  Money so paid shall be expended on the 
  2.12  county state-aid highway system in accordance with the rules of 
  2.13  the commissioner. 
  2.14     Sec. 2.  Minnesota Statutes 2000, section 162.12, 
  2.15  subdivision 3, is amended to read: 
  2.16     Subd. 3.  [DISASTER ACCOUNT.] After deducting 
  2.17  administrative costs as provided in subdivision 2, the 
  2.18  commissioner shall set aside each year a sum of money equal to 
  2.19  two percent of the remaining money in the municipal state-aid 
  2.20  street fund to provide for a disaster account; provided, that 
  2.21  the total amount of money in the disaster account shall never 
  2.22  exceed five three percent of the total sums to be apportioned to 
  2.23  the statutory and home rule charter cities having a population 
  2.24  of 5,000 or more.  The disaster account shall be used to provide 
  2.25  aid to any such city encountering disaster or unforeseen event 
  2.26  affecting the municipal state-aid street system of the city, and 
  2.27  resulting in an undue and burdensome financial hardship.  Any 
  2.28  such city desiring aid by reason of such disaster or unforeseen 
  2.29  event shall request aid in the form required by the commissioner.
  2.30  Upon receipt of the request the commissioner shall appoint a 
  2.31  board consisting of two representatives of the cities, who must 
  2.32  be either a city engineer or member of the governing body of a 
  2.33  city, from cities other than the requesting city, and a 
  2.34  representative of the commissioner.  The board shall investigate 
  2.35  the matter and report its findings and recommendations in 
  2.36  writing to the commissioner.  Final determination of the amount 
  3.1   of aid, if any, to be paid to the city from the disaster account 
  3.2   shall be made by the commissioner.  Upon determining to aid the 
  3.3   city, the commissioner shall certify to the commissioner of 
  3.4   finance the amount of aid, and the commissioner of finance shall 
  3.5   thereupon issue a warrant in that amount payable to the fiscal 
  3.6   officer of the city.  Money so paid shall be expended on the 
  3.7   municipal state-aid street system in accordance with rules of 
  3.8   the commissioner. 
  3.9      Sec. 3.  Minnesota Statutes 2000, section 171.29, 
  3.10  subdivision 2, is amended to read: 
  3.11     Subd. 2.  [FEES, ALLOCATION, AND APPROPRIATION.] (a) A 
  3.12  person whose driver's license has been revoked as provided in 
  3.13  subdivision 1, except under section 169A.52 or 169A.54, shall 
  3.14  pay a $30 fee before the driver's license is reinstated. 
  3.15     (b) A person whose driver's license has been revoked as 
  3.16  provided in subdivision 1 under section 169A.52 or 169A.54 shall 
  3.17  pay a $250 fee plus a $40 surcharge before the driver's license 
  3.18  is reinstated.  The $250 fee is to be credited as follows: 
  3.19     (1) Twenty percent must be credited to the trunk highway 
  3.20  fund. 
  3.21     (2) Fifty-five percent must be credited to the general fund.
  3.22     (3) Eight percent must be credited to a separate account to 
  3.23  be known as the bureau of criminal apprehension account.  Money 
  3.24  in this account may be appropriated to the commissioner of 
  3.25  public safety and the appropriated amount must be apportioned 80 
  3.26  percent for laboratory costs and 20 percent for carrying out the 
  3.27  provisions of section 299C.065. 
  3.28     (4) Twelve percent must be credited to a separate account 
  3.29  to be known as the alcohol-impaired driver education account.  
  3.30  Money in the account is appropriated as follows: 
  3.31     (i) the first $200,000 in a fiscal year to the commissioner 
  3.32  of children, families, and learning for programs for elementary 
  3.33  and secondary school students; and 
  3.34     (ii) the remainder credited in a fiscal year to the 
  3.35  commissioner of transportation public safety to be spent as 
  3.36  grants to the Minnesota highway safety center at St. Cloud State 
  4.1   University for programs relating to alcohol and highway safety 
  4.2   education in elementary and secondary schools. 
  4.3      (5) Five percent must be credited to a separate account to 
  4.4   be known as the traumatic brain injury and spinal cord injury 
  4.5   account.  The money in the account is annually appropriated to 
  4.6   the commissioner of health to be used as follows:  35 percent 
  4.7   for a contract with a qualified community-based organization to 
  4.8   provide information, resources, and support to assist persons 
  4.9   with traumatic brain injury and their families to access 
  4.10  services, and 65 percent to maintain the traumatic brain injury 
  4.11  and spinal cord injury registry created in section 144.662.  For 
  4.12  the purposes of this clause, a "qualified community-based 
  4.13  organization" is a private, not-for-profit organization of 
  4.14  consumers of traumatic brain injury services and their family 
  4.15  members.  The organization must be registered with the United 
  4.16  States Internal Revenue Service under section 501(c)(3) as a 
  4.17  tax-exempt organization and must have as its purposes:  
  4.18     (i) the promotion of public, family, survivor, and 
  4.19  professional awareness of the incidence and consequences of 
  4.20  traumatic brain injury; 
  4.21     (ii) the provision of a network of support for persons with 
  4.22  traumatic brain injury, their families, and friends; 
  4.23     (iii) the development and support of programs and services 
  4.24  to prevent traumatic brain injury; 
  4.25     (iv) the establishment of education programs for persons 
  4.26  with traumatic brain injury; and 
  4.27     (v) the empowerment of persons with traumatic brain injury 
  4.28  through participation in its governance. 
  4.29  No patient's name, identifying information or identifiable 
  4.30  medical data will be disclosed to the organization without the 
  4.31  informed voluntary written consent of the patient or patient's 
  4.32  guardian, or if the patient is a minor, of the parent or 
  4.33  guardian of the patient. 
  4.34     (c) The $40 surcharge must be credited to a separate 
  4.35  account to be known as the remote electronic alcohol monitoring 
  4.36  program account.  The commissioner shall transfer the balance of 
  5.1   this account to the commissioner of finance on a monthly basis 
  5.2   for deposit in the general fund. 
  5.3      (d) When these fees are collected by a licensing agent, 
  5.4   appointed under section 171.061, a handling charge is imposed in 
  5.5   the amount specified under section 171.061, subdivision 4.  The 
  5.6   reinstatement fees and surcharge must be deposited in an 
  5.7   approved state depository as directed under section 171.061, 
  5.8   subdivision 4. 
  5.9      Sec. 4.  Minnesota Statutes 2000, section 222.63, 
  5.10  subdivision 4, is amended to read: 
  5.11     Subd. 4.  [DISPOSITION PERMITTED.] (a) The commissioner may 
  5.12  lease any rail line or right-of-way held in the state rail bank 
  5.13  or enter into an agreement with any person for the operation of 
  5.14  any rail line or right-of-way for any of the purposes set forth 
  5.15  in subdivision 2 in accordance with a fee schedule to be 
  5.16  developed by the commissioner. 
  5.17     (b) The commissioner may convey any rail line or 
  5.18  right-of-way, for consideration or for no consideration and upon 
  5.19  other terms as the commissioner may determine to be in the 
  5.20  public interest, to any other state agency or to a governmental 
  5.21  subdivision of the state having power by law to utilize it for 
  5.22  any of the purposes set forth in subdivision 2. 
  5.23     (c) The commissioner may convey a portion of previously 
  5.24  acquired rail bank right-of-way to a state agency or 
  5.25  governmental subdivision when the commissioner determines that: 
  5.26     (1) the portion to be conveyed is in excess of that needed 
  5.27  for the purposes stated in subdivision 2; 
  5.28     (2) the conveyance is upon terms and conditions agreed upon 
  5.29  by both the commissioner and the state agency or governmental 
  5.30  subdivision; 
  5.31     (3) after the sale, the rail bank corridor will continue to 
  5.32  meet the future public and commercial transportation and 
  5.33  transmission needs of the state; and 
  5.34     (4) the conveyance will not reduce the width of the rail 
  5.35  bank corridor to less than 50 feet. 
  5.36     (d) The commissioner may lease previously acquired state 
  6.1   rail bank right-of-way to a state agency or governmental 
  6.2   subdivision or to a private entity for nontransportation 
  6.3   purposes when: 
  6.4      (1) the portion to be leased is in excess of that needed 
  6.5   for the purposes stated in subdivision 2; 
  6.6      (2) the lease will not reduce the useable width of the rail 
  6.7   bank corridor to less than 50 feet; 
  6.8      (3) the cost of the lease is based on the fair market value 
  6.9   of the portion to be leased, as determined by appraisal; 
  6.10     (4) the lease allows the commissioner to terminate the 
  6.11  lease on 90 days' written notice to the lessee; and 
  6.12     (5) the lease prohibits the construction or erection of any 
  6.13  permanent structure within the 50-foot rail bank corridor and 
  6.14  requires any structure erected on the leased property to be 
  6.15  removed and the land restored to its original condition on 90 
  6.16  days' written notice to the lessee. 
  6.17     (e) Proceeds from a sale or lease shall be deposited in the 
  6.18  rail bank maintenance account described in subdivision 8.