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 state bonds; modifying 
  1.5             provisions relating to reverse auctions, land 
  1.6             appraisal, archaeological or historic sites, 
  1.7             high-occupancy vehicle lanes, highways and 
  1.8             transportation corridors, town line roads and 
  1.9             easements, major transportation projects commission, 
  1.10            advertisements for bids, regional railroad 
  1.11            authorities, city transit capital improvement projects 
  1.12            in metropolitan area, bus rapid transit and other 
  1.13            transit, bus operator liability, local government 
  1.14            permits, and other transportation-related activities; 
  1.15            providing for fees, funds and accounts, transfers, 
  1.16            allocations, and expenditures; modifying provisions 
  1.17            regulating special mobile equipment, special vehicle 
  1.18            license plates, speed limits and other traffic 
  1.19            regulations, vehicle weight limits and other vehicle 
  1.20            regulations, vehicle insurance requirements, drivers' 
  1.21            licenses and identification cards, essential employee 
  1.22            status, the capitol complex security oversight 
  1.23            committee, and other activities related to public 
  1.24            safety; authorizing administrative powers, penalties, 
  1.25            and remedies for public safety purposes; requiring 
  1.26            studies and reports; making technical and clarifying 
  1.27            changes; changing transit funding, aid, and tax levy 
  1.28            provisions; amending Minnesota Statutes 2002, sections 
  1.29            10A.01, subdivision 24; 13.44, subdivision 3; 16A.88, 
  1.30            subdivision 1; 16C.10, subdivision 7; 84.87, 
  1.31            subdivision 1; 138.40, subdivisions 2, 3; 160.28, by 
  1.32            adding a subdivision; 161.08; 161.20, subdivision 3; 
  1.33            164.12; 168.011, subdivision 22; 168.013, subdivision 
  1.34            3; 168.12, subdivision 5; 168.54, subdivision 4; 
  1.35            168A.29, subdivision 1; 169.14, subdivision 5a, by 
  1.36            adding a subdivision; 169.18, subdivision 11; 169.791, 
  1.37            subdivision 1; 169.796, by adding a subdivision; 
  1.38            169.797, subdivision 4a; 169.798, subdivision 1, by 
  1.39            adding a subdivision; 169.826, subdivision 1, by 
  1.40            adding a subdivision; 169.86, subdivision 5; 169.87, 
  1.41            by adding a subdivision; 171.06, subdivision 3; 
  1.42            171.07, subdivisions 1, 3; 171.13, by adding a 
  1.43            subdivision; 171.14; 171.20, subdivision 4; 171.22, 
  1.44            subdivision 2; 171.29, subdivision 2; 174.03, 
  1.45            subdivision 6a; 174.22, by adding a subdivision; 
  1.46            174.24, subdivisions 1, 3b; 174.55, subdivision 2; 
  2.1             179A.03, subdivision 7; 179A.10, subdivision 2; 
  2.2             275.065, subdivision 3; 275.71, subdivision 5; 
  2.3             297B.09, subdivision 1; 299A.465, subdivision 4; 
  2.4             299E.01, by adding a subdivision; 299E.03, subdivision 
  2.5             3; 398A.03, subdivision 1; 471.345, subdivision 14; 
  2.6             473.399, subdivision 1; 473.3994, subdivision 2; 
  2.7             473.3997; 473.446, subdivision 1; 609.531, subdivision 
  2.8             1; Laws 1999, chapter 238, article 1, section 2, 
  2.9             subdivision 2; Laws 2000, chapter 433, section 4; Laws 
  2.10            2001, First Special Session chapter 8, article 1, 
  2.11            section 2, subdivision 2; proposing coding for new law 
  2.12            in Minnesota Statutes, chapters 117; 160; 168; 171; 
  2.13            299A; 331A; 373; 398A; 414; 473; repealing Minnesota 
  2.14            Statutes 2002, sections 16A.88, subdivision 3; 
  2.15            169.794; 169.799; 174.242; Minnesota Rules, parts 
  2.16            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                           APPROPRIATIONS 
  2.20                 TRANSPORTATION AND OTHER AGENCIES 
  2.21  Section 1.  [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 
  2.22     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.23  appropriated from the general fund, or another named fund, to 
  2.24  the agencies and for the purposes specified in this article, to 
  2.25  be available for the fiscal years indicated for each purpose.  
  2.26  The figures "2004" and "2005," where used in this article, mean 
  2.27  that the appropriations listed under them are available for the 
  2.28  year ending June 30, 2004, or June 30, 2005, respectively.  If 
  2.29  the figures are not used, the appropriations are available for 
  2.30  the year ending June 30, 2004, or June 30, 2005, respectively.  
  2.31  The term "first year" means the year ending June 30, 2004, and 
  2.32  the term "second year" means the year ending June 30, 2005. 
  2.33                          SUMMARY BY FUND
  2.34                            2004          2005           TOTAL
  2.35  General            $   79,890,000 $   79,805,000 $  159,665,000
  2.36  Airports               19,558,000     19,558,000     39,116,000
  2.37  C.S.A.H.              425,687,000    443,298,000    868,985,000
  2.38  M.S.A.S.              112,186,000    114,557,000    226,743,000
  2.39  Special Revenue           994,000        994,000      1,988,000
  2.40  Highway User           12,336,000     12,336,000     24,672,000
  2.41  Trunk Highway       1,192,057,000  1,262,451,000  2,454,508,000
  2.42  TOTAL              $1,842,708,000 $1,922,999,000 $3,765,677,000
  2.43                                             APPROPRIATIONS 
  2.44                                         Available for the Year 
  3.1                                              Ending June 30 
  3.2                                             2004         2005 
  3.3   Sec. 2.  TRANSPORTATION
  3.4   Subdivision 1.  Total 
  3.5   Appropriation                     $1,671,766,000 $1,751,242,000
  3.6   The appropriations in this section are 
  3.7   from the trunk highway fund, except 
  3.8   when another fund is named. 
  3.9                 Summary by Fund
  3.10                           2004          2005  
  3.11  General              17,161,000    16,221,000
  3.12  Airports             19,508,000    19,508,000
  3.13  C.S.A.H.            425,687,000   433,298,000
  3.14  M.S.A.S.            112,186,000   114,557,000
  3.15  Trunk Highway     1,097,224,000 1,167,658,000
  3.16  The amounts that may be spent from this 
  3.17  appropriation for each program are 
  3.18  specified in the following subdivisions.
  3.19  Subd. 2.  Multimodal Systems          41,648,000     41,649,000 
  3.20                Summary by Fund
  3.21  Airports             19,483,000    19,483,000
  3.22  General              16,155,000    16,156,000
  3.23  Trunk Highway         6,010,000     6,010,000
  3.24  The amounts that may be spent from this 
  3.25  appropriation for each activity are as 
  3.26  follows: 
  3.27  (a) Aeronautics  
  3.28      20,495,000     20,495,000 
  3.29                Summary by Fund
  3.30  Airports             19,483,000    19,483,000
  3.31  Trunk Highway         1,012,000     1,012,000
  3.32  Except as otherwise provided, the 
  3.33  appropriations in this subdivision are 
  3.34  from the state airports fund. 
  3.35  (1) Airport Development 
  3.36  and Assistance 
  3.37      14,298,000     14,298,000 
  3.38  These appropriations must be spent 
  3.39  according to Minnesota Statutes, 
  3.40  section 360.305, subdivision 4. 
  3.41  Notwithstanding Minnesota Statutes, 
  3.42  section 16A.28, subdivision 6, funds 
  3.43  are available for five years after 
  3.44  appropriation. 
  4.1   If the appropriation for either year is 
  4.2   insufficient, the appropriation for the 
  4.3   other year is available for it. 
  4.4   Of this appropriation $750,000 each 
  4.5   year is for the long-range radar 
  4.6   facility in Alexandria.  This 
  4.7   appropriation is contingent on a 
  4.8   partnership with the federal aviation 
  4.9   administration for this project. 
  4.10  (2) Aviation Support and Services 
  4.11                Summary by Fund
  4.12  Airports              5,185,000     5,185,000
  4.13  Trunk Highway         1,012,000     1,012,000
  4.14  $165,000 the first year and $165,000 
  4.15  the second year are for the civil air 
  4.16  patrol. 
  4.17  (b) Transit                 
  4.18      15,957,000     15,958,000 
  4.19                Summary by Fund
  4.20  General              15,809,000    15,810,000
  4.21  Trunk Highway           148,000       148,000
  4.22  The commissioner and the metropolitan 
  4.23  council shall take all necessary and 
  4.24  feasible steps to continue the full or 
  4.25  partial operations of the Northstar 
  4.26  commuter coach bus service in the trunk 
  4.27  highway 10 corridor during the 
  4.28  2004-2005 biennium without additional 
  4.29  state subsidy, including operation of 
  4.30  the service by a private entity using 
  4.31  its own vehicles or leasing vehicles, 
  4.32  including those presently operating in 
  4.33  the highway 10 corridor.  Local 
  4.34  subsidies may be accepted under this 
  4.35  provision. 
  4.36  (c) Freight       
  4.37       1,569,000      1,569,000 
  4.38                Summary by Fund
  4.39  General                 220,000       220,000
  4.40  Trunk Highway         1,349,000     1,349,000
  4.41  Notwithstanding Minnesota Statutes, 
  4.42  section 222.49, after July 1, 2003, and 
  4.43  before June 30, 2004, the commissioner 
  4.44  of finance shall transfer $3,200,000 
  4.45  from the rail service improvement 
  4.46  account in the special revenue fund to 
  4.47  the debt service fund. 
  4.48  Notwithstanding Minnesota Statutes, 
  4.49  section 222.49, after July 1, 2004, and 
  4.50  before June 30, 2005, the commissioner 
  4.51  of finance shall transfer $3,200,000 
  4.52  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   Subd. 3.  State Roads              1,039,324,000  1,109,758,000 
  5.9                 Summary by Fund
  5.10  General                   9,000         9,000
  5.11  Trunk Highway     1,039,315,000 1,109,749,000
  5.12  The amounts that may be spent from this 
  5.13  appropriation for each activity are as 
  5.14  follows: 
  5.15  (a) Infrastructure Investment and Planning
  5.16     836,593,000    907,027,000 
  5.17  $266,000 the first year and $266,000 
  5.18  the second year are available for 
  5.19  grants to metropolitan planning 
  5.20  organizations outside the seven-county 
  5.21  metropolitan area. 
  5.22  $75,000 the first year and $75,000 the 
  5.23  second year are for a transportation 
  5.24  research contingent account to finance 
  5.25  research projects that are reimbursable 
  5.26  from the federal government or from 
  5.27  other sources.  If the appropriation 
  5.28  for either year is insufficient, the 
  5.29  appropriation for the other year is 
  5.30  available for it. 
  5.31  $600,000 the first year and $600,000 
  5.32  the second year are available for 
  5.33  grants for transportation studies 
  5.34  outside the metropolitan area to 
  5.35  identify critical concerns, problems, 
  5.36  and issues.  These grants are available 
  5.37  (1) to regional development 
  5.38  commissions, and (2) in regions where 
  5.39  no regional development commission is 
  5.40  functioning, to joint powers boards 
  5.41  established under agreement of two or 
  5.42  more political subdivisions in the 
  5.43  region to exercise the planning 
  5.44  functions of a regional development 
  5.45  commission, and (3) in regions where no 
  5.46  regional development commission or 
  5.47  joint powers board is functioning, to 
  5.48  the department's district office for 
  5.49  that region. 
  5.50  (1) State Road Construction  
  5.51     636,957,000    685,450,000
  5.52  It is estimated that these 
  5.53  appropriations will be funded as 
  6.1   follows: 
  6.2   Federal Highway Aid         
  6.3      325,000,000    375,000,000 
  6.4   Highway User Taxes           
  6.5      311,957,000    310,457,000
  6.6   The commissioner of transportation 
  6.7   shall notify the chair of the 
  6.8   transportation budget division of the 
  6.9   senate and the chair of the 
  6.10  transportation finance committee of the 
  6.11  house of representatives of any 
  6.12  significant events that should cause 
  6.13  these estimates to change. 
  6.14  This appropriation is for the actual 
  6.15  construction, reconstruction, and 
  6.16  improvement of trunk highways including 
  6.17  consultant usage to support these 
  6.18  activities.  This includes the cost of 
  6.19  actual payment to landowners for lands 
  6.20  acquired for highway rights-of-way, 
  6.21  payment to lessees, interest subsidies, 
  6.22  and relocation expenses. 
  6.23  The commissioner may transfer up to 
  6.24  $15,000,000 each year to the 
  6.25  transportation revolving loan fund. 
  6.26  The commissioner may receive money 
  6.27  covering other shares of the cost of 
  6.28  partnership projects.  These receipts 
  6.29  are appropriated to the commissioner 
  6.30  for these projects. 
  6.31  $1,500,000 the first year is for grants 
  6.32  to cities to reimburse them for actual 
  6.33  expenditures made prior to the 
  6.34  effective date of this section for the 
  6.35  relocation of municipal utilities 
  6.36  necessitated by the reconstruction of a 
  6.37  trunk highway. 
  6.38  (2) Highway Debt Service     
  6.39      40,149,000     60,583,000 
  6.40  $33,640,000 the first year and 
  6.41  $54,012,000 the second year are for 
  6.42  transfer to the state bond fund.  If 
  6.43  this appropriation is insufficient to 
  6.44  make all transfers required in the year 
  6.45  for which it is made, the commissioner 
  6.46  of finance shall notify the committee 
  6.47  on state government finance of the 
  6.48  senate and the committee on ways and 
  6.49  means of the house of representatives 
  6.50  of the amount of the deficiency and 
  6.51  shall then transfer that amount under 
  6.52  the statutory open appropriation.  Any 
  6.53  excess appropriation cancels to the 
  6.54  trunk highway fund. 
  6.55  (b) Infrastructure Operations
  6.56  and Maintenance
  6.57     197,741,000    197,741,000 
  7.1   (c) Electronic Communications
  7.2        4,990,000      4,990,000 
  7.3                 Summary by Fund
  7.4   General                   9,000         9,000
  7.5   Trunk Highway         4,981,000     4,981,000
  7.6   $9,000 the first year and $9,000 the 
  7.7   second year are from the general fund 
  7.8   for equipment and operation of the 
  7.9   Roosevelt signal tower for Lake of the 
  7.10  Woods weather broadcasting. 
  7.11  Subd. 4.  Local Roads                538,813,000    547,855,000 
  7.12                Summary by Fund
  7.13  General                 940,000       -0-
  7.14  C.S.A.H.            425,687,000   433,298,000
  7.15  M.S.A.S.            112,186,000   114,557,000
  7.16  The amounts that may be spent from this 
  7.17  appropriation for each activity are as 
  7.18  follows: 
  7.19  (a) County State Aids 
  7.20     425,687,000    433,298,000 
  7.21  This appropriation is from the county 
  7.22  state-aid highway fund and is available 
  7.23  until spent. 
  7.24  (b) Municipal State Aids     
  7.25     112,186,000     114,557,000
  7.26  This appropriation is from the 
  7.27  municipal state-aid street fund and is 
  7.28  available until spent. 
  7.29  If an appropriation for either county 
  7.30  state aids or municipal state aids does 
  7.31  not exhaust the balance in the fund 
  7.32  from which it is made in the year for 
  7.33  which it is made, the commissioner of 
  7.34  finance, upon request of the 
  7.35  commissioner of transportation, shall 
  7.36  notify the chair of the transportation 
  7.37  finance committee of the house of 
  7.38  representatives and the chair of the 
  7.39  transportation budget division of the 
  7.40  senate of the amount of the remainder 
  7.41  and shall then add that amount to the 
  7.42  appropriation.  The amount added is 
  7.43  appropriated for the purposes of county 
  7.44  state aids or municipal state aids, as 
  7.45  appropriate. 
  7.46   (c) Flood Rehabilitation                940,000        -0-     
  7.47  This appropriation is from the general 
  7.48  fund for grants to local governments 
  7.49  for capital costs related to the 
  7.50  rehabilitation, replacement, or 
  7.51  reconstruction of roads or bridges 
  8.1   damaged or destroyed by flooding or 
  8.2   that provide future protection from 
  8.3   flood damages in the area included in 
  8.4   DR-1419.  A grantee shall submit to the 
  8.5   commissioner of transportation final 
  8.6   plans for each project before grant 
  8.7   money may be released.  The 
  8.8   commissioner shall determine project 
  8.9   priorities and plans and require 
  8.10  changes to ensure the most prudent use 
  8.11  of state resources. 
  8.12  Subd. 5.  General Support   
  8.13  and Services                          51,980,000     51,980,000 
  8.14                Summary by Fund
  8.15  General                  56,000        56,000
  8.16  Airports                 25,000        25,000
  8.17  Trunk Highway        51,899,000    51,899,000
  8.18  The amounts that may be spent from this 
  8.19  appropriation for each activity are as 
  8.20  follows: 
  8.21  (a) Department Support
  8.22      38,653,000     38,653,000 
  8.23                Summary by Fund
  8.24  Airports                 25,000        25,000
  8.25  Trunk Highway        38,628,000    38,628,000
  8.26  (b) Buildings 
  8.27      13,327,000     13,327,000 
  8.28                Summary by Fund
  8.29  General                  56,000        56,000
  8.30  Trunk Highway        13,271,000    13,271,000
  8.31  If the appropriation for either year is 
  8.32  insufficient, the appropriation for the 
  8.33  other year is available for it. 
  8.34  Subd. 6.  Transfers                                             
  8.35  (a) With the approval of the 
  8.36  commissioner of finance, the 
  8.37  commissioner of transportation may 
  8.38  transfer unencumbered balances among 
  8.39  the appropriations from the trunk 
  8.40  highway fund and the state airports 
  8.41  fund made in this section.  No transfer 
  8.42  may be made from the appropriation for 
  8.43  state road construction.  No transfer 
  8.44  may be made from the appropriations for 
  8.45  debt service to any other appropriation.
  8.46  Transfers under this paragraph may not 
  8.47  be made between funds.  Transfers 
  8.48  between programs must be reported 
  8.49  immediately to the chair of the 
  8.50  transportation budget division of the 
  8.51  senate and the chair of the 
  8.52  transportation finance committee of the 
  9.1   house of representatives. 
  9.2   (b) The commissioner of finance shall 
  9.3   transfer from the flexible account in 
  9.4   the county state-aid highway fund 
  9.5   $14,400,000 the first year and 
  9.6   $8,300,000 the second year to the 
  9.7   municipal turnback account in the 
  9.8   municipal state-aid street fund, and 
  9.9   the remainder in each year to the 
  9.10  county turnback account in the county 
  9.11  state-aid highway fund. 
  9.12  Subd. 7.  Use of State Road 
  9.13  Construction Appropriations         
  9.14  Any money appropriated to the 
  9.15  commissioner of transportation for 
  9.16  state road construction for any fiscal 
  9.17  year before fiscal year 2003 is 
  9.18  available to the commissioner during 
  9.19  fiscal years 2004 and 2005 to the 
  9.20  extent that the commissioner spends the 
  9.21  money on the state road construction 
  9.22  project for which the money was 
  9.23  originally encumbered during the fiscal 
  9.24  year for which it was appropriated.  
  9.25  The commissioner of transportation 
  9.26  shall report to the commissioner of 
  9.27  finance by August 1, 2003, and August 
  9.28  1, 2004, on a form the commissioner of 
  9.29  finance provides, on expenditures made 
  9.30  during the previous fiscal year that 
  9.31  are authorized by this subdivision. 
  9.32  Subd. 8.  Contingent Appropriation                              
  9.33  The commissioner of transportation, 
  9.34  with the approval of the governor after 
  9.35  review by the legislative advisory 
  9.36  commission under Minnesota Statutes, 
  9.37  section 3.30, may transfer all or part 
  9.38  of the unappropriated balance in the 
  9.39  trunk highway fund to an appropriation 
  9.40  (1) for trunk highway design, 
  9.41  construction, or inspection in order to 
  9.42  take advantage of an unanticipated 
  9.43  receipt of income to the trunk highway 
  9.44  fund or to take advantage of Federal 
  9.45  Advanced Construction funding, (2) for 
  9.46  trunk highway maintenance in order to 
  9.47  meet an emergency, or (3) to pay tort 
  9.48  or environmental claims.  Any transfer 
  9.49  as a result of the use of Federal 
  9.50  Advanced Construction funding must 
  9.51  include an analysis of the effects on 
  9.52  the long-term trunk highway fund 
  9.53  balance.  The amount transferred is 
  9.54  appropriated for the purpose of the 
  9.55  account to which it is transferred. 
  9.56  Sec. 3.  METROPOLITAN COUNCIL
  9.57  TRANSIT                               55,693,000     56,573,000 
  9.58  (a) The agency's budget base for fiscal 
  9.59  year 2006 is $56,693,000 and for fiscal 
  9.60  year 2007 is $57,693,000. 
  9.61  (b) Bus Transit
  9.62      53,453,000     53,453,000 
 10.1   This appropriation is for bus system 
 10.2   operations. 
 10.3   (c) Rail Operations
 10.4        2,240,000      3,120,000 
 10.5   This appropriation is for operations of 
 10.6   the Hiawatha LRT line.  The base for 
 10.7   rail operations for fiscal year 2006 is 
 10.8   $3,240,000 and for fiscal year 2007 is 
 10.9   $4,240,000. 
 10.10  This appropriation is for paying 40 
 10.11  percent of operating costs for the 
 10.12  Hiawatha light rail transit line after 
 10.13  operating revenue and federal funds 
 10.14  used for light rail transit operations. 
 10.15  The remaining costs are to be paid as 
 10.16  follows: 
 10.17  (1) up to $2,400,000 the first year and 
 10.18  up to $3,343,000 the second year by the 
 10.19  Hennepin county regional rail authority 
 10.20  from its reserves; and 
 10.21  (2) up to $960,000 the first year and 
 10.22  up to $1,337,000 the second year by the 
 10.23  city of Minneapolis. 
 10.24  The metropolitan council may not spend 
 10.25  any state funds for the operation of 
 10.26  the Hiawatha light rail transit line 
 10.27  other than the appropriation in this 
 10.28  paragraph (c). 
 10.29  Sec. 4.  PUBLIC SAFETY
 10.30  Subdivision 1.  Total
 10.31  Appropriation                        114,244,000    114,209,000
 10.32                Summary by Fund
 10.33  General               7,006,000     7,011,000
 10.34  Trunk Highway        94,033,000    93,993,000
 10.35  Highway User         12,211,000    12,211,000
 10.36  Special Revenue         994,000       994,000
 10.37  Subd. 2.  Administration 
 10.38  and Related Services                   9,684,000      9,689,000 
 10.39                Summary by Fund
 10.40  General               2,361,000     2,366,000
 10.41  Trunk Highway         5,938,000     5,938,000
 10.42  Highway User          1,385,000     1,385,000
 10.43  (a) Office of Communications 
 10.44         385,000        385,000 
 10.45                Summary by Fund
 10.46  General                  39,000        39,000
 10.47  Trunk Highway           346,000       346,000
 11.1   (b) Public Safety Support 
 11.2        6,845,000      6,850,000 
 11.3                 Summary by Fund
 11.4   General               2,231,000     2,236,000
 11.5   Trunk Highway         3,248,000     3,248,000
 11.6   Highway User          1,366,000     1,366,000
 11.7   $365,000 the first year and $370,000 
 11.8   the second year are for payment of 
 11.9   public safety officer survivor benefits 
 11.10  under Minnesota Statutes, section 
 11.11  299A.44.  If the appropriation for 
 11.12  either year is insufficient, the 
 11.13  appropriation for the other year is 
 11.14  available for it.  The base for fiscal 
 11.15  year 2006 is $375,000 and for fiscal 
 11.16  year 2007 is $380,000. 
 11.17  $314,000 the first year and $314,000 
 11.18  the second year are to be deposited in 
 11.19  the public safety officer's benefit 
 11.20  account.  This money is available for 
 11.21  reimbursements under Minnesota 
 11.22  Statutes, section 299A.465.  
 11.23  $508,000 the first year and $508,000 
 11.24  the second year are for soft body armor 
 11.25  reimbursements under Minnesota 
 11.26  Statutes, section 299A.38. 
 11.27  $792,000 the first year and $792,000 
 11.28  the second year are appropriated from 
 11.29  the general fund for transfer by the 
 11.30  commissioner of finance to the trunk 
 11.31  highway fund on December 31, 2003, and 
 11.32  December 31, 2004, respectively, in 
 11.33  order to reimburse the trunk highway 
 11.34  fund for expenses not related to the 
 11.35  fund.  These represent amounts 
 11.36  appropriated out of the trunk highway 
 11.37  fund for general fund purposes in the 
 11.38  administration and related services 
 11.39  program. 
 11.40  $610,000 the first year and $610,000 
 11.41  the second year are appropriated from 
 11.42  the highway user tax distribution fund 
 11.43  for transfer by the commissioner of 
 11.44  finance to the trunk highway fund on 
 11.45  December 31, 2003, and December 31, 
 11.46  2004, respectively, in order to 
 11.47  reimburse the trunk highway fund for 
 11.48  expenses not related to the fund.  
 11.49  These represent amounts appropriated 
 11.50  out of the trunk highway fund for 
 11.51  highway user tax distribution fund 
 11.52  purposes in the administration and 
 11.53  related services program. 
 11.54  $716,000 the first year and $716,000 
 11.55  the second year are appropriated from 
 11.56  the highway user tax distribution fund 
 11.57  for transfer by the commissioner of 
 11.58  finance to the general fund on December 
 11.59  31, 2001, and December 31, 2002, 
 11.60  respectively, in order to reimburse the 
 12.1   general fund for expenses not related 
 12.2   to the fund.  These represent amounts 
 12.3   appropriated out of the general fund 
 12.4   for operation of the criminal justice 
 12.5   data network related to driver and 
 12.6   motor vehicle licensing. 
 12.7   (c) Technical Support Services
 12.8        2,454,000      2,454,000 
 12.9                 Summary by Fund
 12.10  General                  91,000        91,000
 12.11  Trunk Highway         2,344,000     2,344,000
 12.12  Highway User             19,000        19,000
 12.13  Subd. 3.  State Patrol                66,332,000     66,332,000 
 12.14                Summary by Fund
 12.15  General               2,871,000     2,871,000
 12.16  Trunk Highway        63,369,000    63,369,000
 12.17  Highway User             92,000        92,000
 12.18  (a) Patrolling Highways      
 12.19      57,024,000     57,024,000 
 12.20                Summary by Fund
 12.21  General                  37,000        37,000
 12.22  Trunk Highway        56,895,000    56,895,000
 12.23  Highway User             92,000        92,000
 12.24  (b) Commercial Vehicle Enforcement
 12.25       6,474,000      6,474,000 
 12.26  This appropriation is from the trunk 
 12.27  highway fund. 
 12.28  (c) Capitol Security         
 12.29       2,834,000      2,834,000 
 12.30  Subd. 4.  Driver and Vehicle Services
 12.31      36,910,000     36,870,000 
 12.32                Summary by Fund
 12.33  General               1,774,000     1,774,000
 12.34  Trunk Highway        24,402,000    24,362,000
 12.35  Highway User         10,734,000    10,734,000
 12.36  (a) Vehicle Services         
 12.37      12,452,000     12,452,000 
 12.38                Summary by Fund
 12.39  General               1,718,000     1,718,000
 13.1   Highway User         10,734,000    10,734,000
 13.2   (b) Driver Services          
 13.3       24,458,000     24,418,000 
 13.4                 Summary by Fund
 13.5   General                  56,000        56,000
 13.6   Trunk Highway        24,402,000    24,362,000
 13.7   Subd. 5.  Traffic Safety                 324,000        324,000 
 13.8   This appropriation is from the trunk 
 13.9   highway fund. 
 13.10  The commissioners of public safety and 
 13.11  transportation shall jointly report 
 13.12  annually to the chairs and ranking 
 13.13  minority members of the house of 
 13.14  representatives and senate committees 
 13.15  having jurisdiction over transportation 
 13.16  and public safety finance issues on the 
 13.17  expenditure of any federal funds 
 13.18  available under the repeat offender 
 13.19  transfer program, Public Law 105-206, 
 13.20  section 164. 
 13.21  Subd. 6.  Pipeline Safety                994,000        994,000 
 13.22  This appropriation is from the pipeline 
 13.23  safety account in the special revenue 
 13.24  fund. 
 13.25  Sec. 5.  GENERAL CONTINGENT 
 13.26  ACCOUNTS                                 375,000        375,000 
 13.27                Summary by Fund
 13.28  Trunk Highway           200,000       200,000
 13.29  Highway User            125,000       125,000
 13.30  Airports                 50,000        50,000
 13.31  The appropriations in this section may 
 13.32  only be spent with the approval of the 
 13.33  governor after consultation with the 
 13.34  legislative advisory commission 
 13.35  pursuant to Minnesota Statutes, section 
 13.36  3.30. 
 13.37  If an appropriation in this section for 
 13.38  either year is insufficient, the 
 13.39  appropriation for the other year is 
 13.40  available for it. 
 13.41  Sec. 6.  TORT CLAIMS                     600,000        600,000 
 13.42  To be spent by the commissioner of 
 13.43  finance. 
 13.44  This appropriation is from the trunk 
 13.45  highway fund. 
 13.46  If the appropriation for either year is 
 13.47  insufficient, the appropriation for the 
 13.48  other year is available for it. 
 13.49                             ARTICLE 2 
 14.1               OTHER CHANGES RELATED TO TRANSPORTATION
 14.2                          AND PUBLIC SAFETY 
 14.3      Section 1.  Minnesota Statutes 2002, section 10A.01, 
 14.4   subdivision 24, is amended to read: 
 14.5      Subd. 24.  [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 
 14.6   governmental unit" means any of the seven counties in the 
 14.7   metropolitan area as defined in section 473.121, subdivision 
 14.8   2, ~~a regional railroad authority established by one or more of~~ 
 14.9   ~~those counties under section 398A.03,~~ a city with a population 
 14.10  of over 50,000 located in the seven-county metropolitan area, 
 14.11  the metropolitan council, or a metropolitan agency as defined in 
 14.12  section 473.121, subdivision 5a. 
 14.13     <b>[EFFECTIVE DATE.]</b> This section is effective December 31, 
 14.14  2003. 
 14.15     Sec. 2.  Minnesota Statutes 2002, section 13.44, 
 14.16  subdivision 3, is amended to read: 
 14.17     Subd. 3.  [REAL PROPERTY; APPRAISAL DATA.] (a) [ 
 14.18  CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 
 14.19  appraised values of individual parcels of real property which 
 14.20  are made by personnel of the state, its agencies and 
 14.21  departments, or a political subdivision or by independent 
 14.22  appraisers acting for the state, its agencies and departments, 
 14.23  or a political subdivision for the purpose of selling or 
 14.24  acquiring land through purchase or condemnation are classified 
 14.25  as confidential data on individuals or protected nonpublic data. 
 14.26     (b)  [PUBLIC DATA.] The data made confidential or protected 
 14.27  nonpublic by the provisions of paragraph (a) shall become public 
 14.28  upon the occurrence of any of the following:  
 14.29     (1) the negotiating parties exchange appraisals; 
 14.30     (2) the data are submitted to a court appointed 
 14.31  condemnation commissioner; 
 14.32     (3) the data are presented in court in condemnation 
 14.33  proceedings; ~~or~~ 
 14.34     (4) the negotiating parties enter into an agreement for the 
 14.35  purchase and sale of the property; or 
 14.36     (5) the data are submitted to the owner under section 
 15.1   117.036. 
 15.2      Sec. 3.  Minnesota Statutes 2002, section 16A.88, 
 15.3   subdivision 1, is amended to read: 
 15.4      Subdivision 1.  [GREATER MINNESOTA TRANSIT FUND.] The 
 15.5   greater Minnesota transit fund is established within the state 
 15.6   treasury.  Money in the fund is annually appropriated to the 
 15.7   commissioner of transportation for assistance to transit systems 
 15.8   outside the metropolitan area under section 174.24.  Beginning 
 15.9   in fiscal year 2003, the commissioner may use up to $400,000 
 15.10  each year for administration of the transit program.  The 
 15.11  commissioner shall use the fund for transit operations as 
 15.12  provided in section 174.24 and related program administration. 
 15.13     Sec. 4.  Minnesota Statutes 2002, section 16C.10, 
 15.14  subdivision 7, is amended to read: 
 15.15     Subd. 7.  [REVERSE AUCTION.] (a) For the purpose of this 
 15.16  subdivision, "reverse auction" means a purchasing process in 
 15.17  which vendors compete to provide goods or services at the lowest 
 15.18  selling price in an open and interactive environment. 
 15.19     (b) The provisions of section 16C.06, subdivisions 2 and 3, 
 15.20  do not apply when the commissioner determines that a reverse 
 15.21  auction is the appropriate purchasing process. 
 15.22     (c) Notwithstanding any other law, the commissioner of 
 15.23  transportation may not award contracts for highway construction 
 15.24  or engineering services using a reverse auction process. 
 15.25     Sec. 5.  Minnesota Statutes 2002, section 84.87, 
 15.26  subdivision 1, is amended to read: 
 15.27     Subdivision 1.  [OPERATION ON STREETS AND HIGHWAYS.] (a) No 
 15.28  person shall operate a snowmobile upon the roadway, shoulder, or 
 15.29  inside bank or slope of any trunk, county state-aid, or county 
 15.30  highway in this state and, in the case of a divided trunk or 
 15.31  county highway, on the right-of-way between the opposing lanes 
 15.32  of traffic, except as provided in sections 84.81 to 84.90.  No 
 15.33  person shall operate a snowmobile within the right-of-way of any 
 15.34  trunk, county state-aid, or county highway between the hours of 
 15.35  one-half hour after sunset to one-half hour before sunrise, 
 15.36  except on the right-hand side of ~~such~~ the right-of-way and in 
 16.1   the same direction as the highway traffic on the nearest lane of 
 16.2   the roadway adjacent ~~thereto~~ to the right-of-way.  No snowmobile 
 16.3   shall be operated at any time within the right-of-way of any 
 16.4   interstate highway or freeway within this state. 
 16.5      (b) Notwithstanding any provision of paragraph (a) to the 
 16.6   contrary, but under conditions prescribed by the commissioner of 
 16.7   transportation, the commissioner of transportation may allow 
 16.8   two-way operation of snowmobiles on either side of the trunk 
 16.9   highway right-of-way where the commissioner of transportation 
 16.10  determines that two-way operation will not endanger users of the 
 16.11  trunk highway or snowmobilers using the trail. 
 16.12     (c) A snowmobile may make a direct crossing of a street or 
 16.13  highway at any hour of the day provided: 
 16.14     (1) the crossing is made at an angle of approximately 90 
 16.15  degrees to the direction of the highway and at a place where no 
 16.16  obstruction prevents a quick and safe crossing; and 
 16.17     (2) the snowmobile is brought to a complete stop before 
 16.18  crossing the shoulder or main traveled way of the highway; and 
 16.19     (3) the driver yields the right-of-way to all oncoming 
 16.20  traffic ~~which~~ that constitutes an immediate hazard; and 
 16.21     (4) in crossing a divided highway, the crossing is made 
 16.22  only at an intersection of ~~such~~ that highway with another public 
 16.23  street or highway; and 
 16.24     (5) if the crossing is made between the hours of one-half 
 16.25  hour after sunset to one-half hour before sunrise or in 
 16.26  conditions of reduced visibility, only if both front and rear 
 16.27  lights are on; and 
 16.28     (6) a snowmobile may be operated upon a bridge, other than 
 16.29  a bridge that is part of the main traveled lanes of an 
 16.30  interstate highway, when required for the purpose of avoiding 
 16.31  obstructions to travel when no other method of avoidance is 
 16.32  possible; provided the snowmobile is operated in the extreme 
 16.33  right-hand lane, the entrance to the roadway is made within 100 
 16.34  feet of the bridge, and the crossing is made without undue delay.
 16.35     ~~(c)~~ (d) No snowmobile shall be operated upon a public 
 16.36  street or highway unless it is equipped with at least one 
 17.1   headlamp~~,~~ and one tail lamp, each of minimum candlepower as 
 17.2   prescribed by rules of the commissioner, with reflector material 
 17.3   of a minimum area of 16 square inches mounted on each side 
 17.4   forward of the handle bars, and with brakes each of which ~~shall~~ 
 17.5   ~~conform~~ conforms to standards prescribed by rule of the 
 17.6   commissioner pursuant to the authority vested in the 
 17.7   commissioner by section 84.86, and each of which ~~shall be~~ is 
 17.8   subject to approval of the commissioner of public safety. 
 17.9      ~~(d)~~ (e) A snowmobile may be operated upon a public street 
 17.10  or highway other than as provided by ~~clause (b)~~ paragraph (c) in 
 17.11  an emergency during the period of time when and at locations 
 17.12  where snow upon the roadway renders travel by automobile 
 17.13  impractical. 
 17.14     ~~(e)~~ (f) All provisions of chapters 169 and 169A ~~shall~~ apply 
 17.15  to the operation of snowmobiles upon streets and highways, 
 17.16  except for those relating to required equipment, and except 
 17.17  those which by their nature have no application.  Section 169.09 
 17.18  applies to the operation of snowmobiles anywhere in the state or 
 17.19  on the ice of any boundary water of the state. 
 17.20     ~~(f)~~ (g) Any sled, trailer, or other device being towed by a 
 17.21  snowmobile must be equipped with reflective materials as 
 17.22  required by rule of the commissioner. 
 17.23     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003. 
 17.24     Sec. 6.  [117.036] [APPRAISAL AND NEGOTIATION REQUIREMENTS 
 17.25  APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION 
 17.26  PURPOSES.] 
 17.27     Subdivision 1.  [APPLICATION.] This section applies to the 
 17.28  acquisition of property for public highways, streets, roads, 
 17.29  alleys, airports, mass transit facilities, or for other 
 17.30  transportation facilities or purposes. 
 17.31     Subd. 2.  [APPRAISAL.] (a) Before commencing an eminent 
 17.32  domain proceeding under this chapter, the acquiring authority 
 17.33  must obtain at least one appraisal for the property proposed to 
 17.34  be acquired.  In making the appraisal, the appraiser must confer 
 17.35  with one or more of the owners of the property, if reasonably 
 17.36  possible.  At least 20 days before presenting a petition under 
 18.1   section 117.055, the acquiring authority must provide the owner 
 18.2   with a copy of the appraisal and inform the owner of the owner's 
 18.3   right to obtain an appraisal under this section. 
 18.4      (b) The owner may obtain an appraisal by a qualified 
 18.5   appraiser of the property proposed to be acquired.  The owner is 
 18.6   entitled to reimbursement for the reasonable costs of the 
 18.7   appraisal from the acquiring authority up to a maximum of $1,500 
 18.8   at the time the owner submits the appraisal to the acquiring 
 18.9   authority, provided that the owner does so within 60 days after 
 18.10  the owner receives the appraisal from the authority under 
 18.11  paragraph (a). 
 18.12     Sec. 7.  Minnesota Statutes 2002, section 138.40, 
 18.13  subdivision 2, is amended to read: 
 18.14     Subd. 2.  [COMPLIANCE, ENFORCEMENT, PRESERVATION.] State 
 18.15  and other governmental agencies shall comply with and aid in the 
 18.16  enforcement of provisions of sections 138.31 to 138.42.  
 18.17  Conservation officers and other enforcement officers of the 
 18.18  department of natural resources shall enforce the provisions of 
 18.19  sections 138.31 to 138.42 and report violations to the director 
 18.20  of the society.  When archaeological or historic sites are known 
 18.21  or based on investigations or are suspected to exist on public 
 18.22  lands or waters, or in the case of a public highway project 
 18.23  undertaken by a road authority are known or based on scientific 
 18.24  investigations are predicted to exist, the agency or department 
 18.25  controlling said lands or waters shall use the professional 
 18.26  services of archaeologists from the University of Minnesota, 
 18.27  Minnesota historical society, or other qualified professional 
 18.28  archaeologists, to preserve these sites.  In the event that 
 18.29  archaeological excavation is required to protect or preserve 
 18.30  these sites, state and other governmental agencies may use their 
 18.31  funds for such activities. 
 18.32     Sec. 8.  Minnesota Statutes 2002, section 138.40, 
 18.33  subdivision 3, is amended to read: 
 18.34     Subd. 3.  [REVIEW OF PLANS.] When significant 
 18.35  archaeological or historic sites are known or suspected to exist 
 18.36  on public lands or waters, or in the case of a public highway 
 19.1   project undertaken by a road authority are known or based on 
 19.2   scientific investigations are predicted to exist, the agency or 
 19.3   department controlling said lands or waters shall submit 
 19.4   construction or development plans to the state archaeologist and 
 19.5   the director of the society for review prior to the time bids 
 19.6   are advertised.  The state archaeologist and the society shall 
 19.7   promptly review such plans and within 30 days of receiving the 
 19.8   plans shall make recommendations for the preservation of 
 19.9   archaeological or historic sites which may be endangered by 
 19.10  construction or development activities.  When archaeological or 
 19.11  historic sites are related to Indian history or religion, the 
 19.12  state archaeologist shall submit the plans to the Indian affairs 
 19.13  council for the council's review and recommend action.  
 19.14     Sec. 9.  Minnesota Statutes 2002, section 160.28, is 
 19.15  amended by adding a subdivision to read: 
 19.16     Subd. 3.  [REST AREA LEASE AGREEMENTS.] (a) Except as 
 19.17  provided in paragraph (e), notwithstanding any other law the 
 19.18  commissioner may enter into lease agreements, through 
 19.19  negotiations or best value, with private entities relating to 
 19.20  the use of highway rest areas. 
 19.21     (b) A lease under this subdivision may: 
 19.22     (1) prescribe a term of up to 20 years, with the approval 
 19.23  of the commissioner of administration, and may be renewable for 
 19.24  additional terms; 
 19.25     (2) provide for corporate or business sponsorship of a rest 
 19.26  area for a fee to be determined by the commissioner; 
 19.27     (3) allow the lessee to offer for sale products or service 
 19.28  that the commissioner deems appropriate for sale in a highway 
 19.29  rest area; and 
 19.30     (4) allow the lessee to add leasehold improvements to the 
 19.31  site. 
 19.32     (c) A lease agreement for a rest area is subject to section 
 19.33  160.282 and must allow the commissioner to negotiate maintenance 
 19.34  service agreements that promote and encourage the employment of 
 19.35  needy elderly persons. 
 19.36     (d) Revenues from leases or sponsorships authorized under 
 20.1   this subdivision must be deposited in a highway rest area lease 
 20.2   account in the special revenue fund.  Money in the account is 
 20.3   appropriated to the commissioner for administration of the rest 
 20.4   area program. 
 20.5      (e) Nothing in this subdivision affects existing contracts 
 20.6   under section 248.07 or their renewal. 
 20.7      (f) The commissioner shall take no action under this 
 20.8   subdivision that would result in the loss of federal highway 
 20.9   funds or require the payment of highway funds to the federal 
 20.10  government. 
 20.11     Sec. 10.  [160.93] [USER FEES; HIGH-OCCUPANCY VEHICLE 
 20.12  LANES.] 
 20.13     Subdivision 1.  [FEES AUTHORIZED.] To improve efficiency 
 20.14  and provide more options to individuals traveling in a trunk 
 20.15  highway corridor, the commissioner of transportation may charge 
 20.16  user fees to owners of single-occupant vehicles using designated 
 20.17  high-occupancy vehicle lanes.  The fees may be collected using 
 20.18  electronic or other toll-collection methods and may vary in 
 20.19  amount with the time of day and level of traffic congestion 
 20.20  within the corridor.  The commissioner shall consult with the 
 20.21  metropolitan council and obtain necessary federal authorizations 
 20.22  before implementing user fees on a high-occupancy vehicle lane.  
 20.23  Fees under this section are not subject to section 16A.1283. 
 20.24     Subd. 2.  [DEPOSIT OF REVENUES; APPROPRIATION.] Money 
 20.25  collected from fees authorized under subdivision 1 must be 
 20.26  deposited in a high-occupancy vehicle lane user fee account in 
 20.27  the special revenue fund.  A separate account must be 
 20.28  established for each trunk highway corridor.  Money in the 
 20.29  account is appropriated to the commissioner.  From this 
 20.30  appropriation the commissioner shall pay all costs of 
 20.31  implementing and administering the fee collection system for 
 20.32  that corridor.  The commissioner shall spend remaining money in 
 20.33  the account as follows: 
 20.34     (1) one-half must be spent for transportation capital 
 20.35  improvements within the corridor; and 
 20.36     (2) one-half must be transferred to the metropolitan 
 21.1   council for expansion and improvement of bus transit services 
 21.2   within the corridor beyond the level of service provided on 
 21.3   January 1, 2003. 
 21.4      Subd. 3.  [EXEMPTIONS.] With respect to this section, the 
 21.5   commissioner is exempt from statutory rulemaking requirements 
 21.6   and from sections 160.84 to 160.92 and 161.162 to 161.167. 
 21.7      Sec. 11.  Minnesota Statutes 2002, section 161.08, is 
 21.8   amended to read: 
 21.9      161.08 [~~BOOKS OF ACCOUNT~~ RECORDS AND REPORTS.] 
 21.10     Subdivision 1.  [BOOKS OF ACCOUNT.] (a) The commissioner 
 21.11  shall keep accurate and complete books of account as may be 
 21.12  prescribed by the commissioner of finance, the same to show in 
 21.13  detail itemized receipts and disbursements of the trunk highway 
 21.14  fund.  The books of account shall show the following facts, 
 21.15  among others: 
 21.16     (1) the expenses of maintaining the transportation 
 21.17  department, including the salaries and expenses of the 
 21.18  individual members thereof; 
 21.19     (2) the amounts of money expended in each county of the 
 21.20  state for the construction of trunk highways, and when, where, 
 21.21  and upon what job or portion of road expended so that the cost 
 21.22  per mile of such construction can be easily ascertained; 
 21.23     (3) any other money expended by the state in connection 
 21.24  with any roads other than trunk highways and when, where, and 
 21.25  upon what portion of road so expended; and 
 21.26     (4) the amount of road equipment and materials purchased, 
 21.27  and when, where, and from whom purchased, and the price paid for 
 21.28  each item.  
 21.29     (b) The original invoices shall form a part of the 
 21.30  permanent files and records in the department of transportation 
 21.31  and be open to public inspection.  
 21.32     Subd. 2.  [BIENNIAL REPORT.] No later than October 15 of 
 21.33  each odd-numbered year, the commissioner shall report to the 
 21.34  legislature the total expenditures from the trunk highway fund 
 21.35  during the previous biennium in each of the following 
 21.36  categories:  road construction; planning; professional and 
 22.1   technical contracts; design and engineering; labor; compliance 
 22.2   with environmental requirements; acquisition of right-of-way; 
 22.3   litigation costs, including payment of claims, settlements, and 
 22.4   judgments; maintenance; and road operations. 
 22.5      Sec. 12.  Minnesota Statutes 2002, section 161.20, 
 22.6   subdivision 3, is amended to read: 
 22.7      Subd. 3.  [TRUNK HIGHWAY FUND APPROPRIATIONS.] The 
 22.8   commissioner may expend trunk highway funds only for trunk 
 22.9   highway purposes.  Payment of expenses related to ~~sales tax,~~ 
 22.10  bureau of criminal apprehension laboratory, office of tourism 
 22.11  kiosks, Minnesota safety council, tort claims, driver education 
 22.12  programs, emergency medical services board, and Mississippi 
 22.13  River parkway commission do not further a highway purpose and do 
 22.14  not aid in the construction, improvement, or maintenance of the 
 22.15  highway system. 
 22.16     Sec. 13.  Minnesota Statutes 2002, section 164.12, is 
 22.17  amended to read: 
 22.18     164.12 [ROAD ON TOWN LINE.] 
 22.19     Subdivision 1.  [PROPOSAL TO ESTABLISH; MAINTAIN.] When 
 22.20  adjoining towns propose to establish, alter, ~~or~~ vacate, or 
 22.21  maintain a road on or along the line between such towns they 
 22.22  shall proceed as hereinafter provided.  
 22.23     Subd. 2.  [DIVISION OF RESPONSIBILITIES.] The town boards 
 22.24  shall divide the length of the road proposed to be established, 
 22.25  altered, ~~or~~ vacated, or maintained into two parts.  When it is 
 22.26  proposed to establish or alter a road, the division shall be 
 22.27  made so as to divide as nearly equal as possible the cost of 
 22.28  right-of-way, construction, and maintenance of the entire road.  
 22.29  If the proposal is to vacate a road, the division shall be made 
 22.30  so as to divide as nearly equal as possible any damages that may 
 22.31  be occasioned thereby.  
 22.32     Subd. 3.  [AGREEMENT.] After the division the boards shall 
 22.33  enter into an agreement specifying which part shall be vacated, 
 22.34  or opened, constructed, and maintained by each.  Thereafter, 
 22.35  each board shall proceed in the manner and subject to the same 
 22.36  review as provided in section 164.06 or section 164.07.  
 23.1      Subd. 4.  [JOINT CONTRACT.] When a town line road is 
 23.2   established ~~or~~, altered, or maintained as provided herein, the 
 23.3   boards may jointly let a contract covering all or part of the 
 23.4   work to be performed on the road.  If a joint contract is not 
 23.5   let each town board shall open and construct its portion thereof 
 23.6   as expeditiously as possible.  
 23.7      Subd. 5.  [PORTION OF ROAD TAKEN BY STATE OR COUNTY.] If a 
 23.8   portion of a town line road is taken over by the state as a 
 23.9   trunk highway, or by a county as a county state-aid highway or 
 23.10  county highway, the town boards concerned shall divide the 
 23.11  portions of the town line road not taken over by the state or 
 23.12  county, so that the cost of construction, reconstruction, and 
 23.13  maintenance thereof will be apportioned as nearly equal as 
 23.14  possible.  After such division the boards shall enter into an 
 23.15  agreement specifying which part shall be constructed and 
 23.16  maintained by each.  
 23.17     Subd. 6.  [FAILURE TO AGREE.] (a) When the town boards 
 23.18  cannot agree upon a division as provided in subdivision 2 or 
 23.19  subdivision 5, or upon the petition of either town board when a 
 23.20  division previously agreed upon has proved to be inequitable, 
 23.21  the county board, or where the road is on a county line the 
 23.22  county boards of the counties concerned, shall determine the 
 23.23  proper division of responsibility.  In making such division the 
 23.24  county board or boards shall follow the procedure provided for 
 23.25  in subdivision 2 or 5.  Where deemed necessary the services of 
 23.26  the county engineer may be used. 
 23.27     (b) When for any reason an agreement under paragraph (a) 
 23.28  cannot be reached, the town board of either or both towns may 
 23.29  request to have the matter determined through mediation, 
 23.30  arbitration, mediation-arbitration (med-arb), or other form of 
 23.31  alternative dispute resolution as described in Rule 114.02 of 
 23.32  the General Rules of Practice for the District Courts.  The 
 23.33  parties may select a neutral who does not qualify under Rule 
 23.34  114.02.  Mediated settlement agreements must be in accordance 
 23.35  with the Minnesota Civil Mediation Act, sections 572.31 to 
 23.36  572.40.  Arbitrated agreements and med-arb agreements must be 
 24.1   final and binding. 
 24.2      Sec. 14.  Minnesota Statutes 2002, section 168.011, 
 24.3   subdivision 22, is amended to read: 
 24.4      Subd. 22.  [SPECIAL MOBILE EQUIPMENT.] "Special mobile 
 24.5   equipment" means every vehicle not designed or used primarily 
 24.6   for the transportation of persons or property and only 
 24.7   incidentally operated or moved over a highway, including but not 
 24.8   limited to:  ditch-digging apparatuses, moving dollies, pump 
 24.9   hoists and other water well-drilling equipment registered under 
 24.10  chapter 103I, street-sweeping vehicles, and other machinery such 
 24.11  as asphalt spreaders, bituminous mixers, bucket loaders, 
 24.12  tractors other than truck-tractors, ditchers, leveling graders, 
 24.13  finishing machines, motor graders, road rollers, scarifiers, 
 24.14  truck-mounted log loaders, earth-moving carryalls, scrapers, 
 24.15  power shovels, draglines, self-propelled cranes, and 
 24.16  earth-moving equipment.  The term does not include travel 
 24.17  trailers, dump trucks, truck-mounted transit mixers, 
 24.18  truck-mounted feed grinders, or other motor vehicles designed 
 24.19  for the transportation of persons or property to which machinery 
 24.20  has been attached. 
 24.21     Sec. 15.  Minnesota Statutes 2002, section 168.013, 
 24.22  subdivision 3, is amended to read: 
 24.23     Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
 24.24  WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 
 24.25  gross weight shall state the unloaded weight of the motor 
 24.26  vehicle, trailer, or semitrailer and the maximum load the 
 24.27  applicant proposes to carry on it, the sum of which constitutes 
 24.28  the gross weight upon which the license tax must be paid.  
 24.29  However, the declared gross weight upon which the tax is paid 
 24.30  must not be less than 1-1/4 times the declared unloaded weight 
 24.31  of the motor vehicle, trailer, or semitrailer to be registered, 
 24.32  except recreational vehicles taxed under subdivision 1g, school 
 24.33  buses taxed under subdivision 18, and tow trucks or towing 
 24.34  vehicles defined in section 169.01, subdivision 52.  The gross 
 24.35  weight of a tow truck or towing vehicle is the actual weight of 
 24.36  the tow truck or towing vehicle fully equipped, but does not 
 25.1   include the weight of a wrecked or disabled vehicle towed or 
 25.2   drawn by the tow truck or towing vehicle. 
 25.3      (b) The gross weight of a motor vehicle, trailer, or 
 25.4   semitrailer must not exceed the gross weight upon which the 
 25.5   license tax has been paid by more than four percent or 1,000 
 25.6   pounds, whichever is greater; provided that, a vehicle 
 25.7   transporting unfinished forest products on a highway, other than 
 25.8   a highway that is part of the system of interstate and defense 
 25.9   highways, unless a federal exemption is granted, in accordance 
 25.10  with paragraph (d)(3) shall not exceed its gross vehicle weight 
 25.11  upon which the license tax has been paid, or gross axle weight 
 25.12  on any axle, by more than five percent and, notwithstanding 
 25.13  other law to the contrary, is not subject to any fee, fine, or 
 25.14  other assessment or penalty for exceeding a gross vehicle or 
 25.15  axle weight by up to five percent. 
 25.16     (c) The gross weight of the motor vehicle, trailer, or 
 25.17  semitrailer for which the license tax is paid must be indicated 
 25.18  by a distinctive character on the license plate or plates except 
 25.19  as provided in subdivision 12 and the plate or plates must be 
 25.20  kept clean and clearly visible at all times. 
 25.21     (d) The owner, driver, or user of a motor vehicle, trailer, 
 25.22  or semitrailer, upon conviction for transporting a gross weight 
 25.23  in excess of the gross weight for which it was registered or for 
 25.24  operating a vehicle with an axle weight exceeding the maximum 
 25.25  lawful axle load weight, is guilty of a misdemeanor and subject 
 25.26  to increased registration or reregistration according to the 
 25.27  following schedule: 
 25.28     (1) Upon conviction for transporting a gross weight in 
 25.29  excess of the gross weight for which a motor vehicle, trailer, 
 25.30  or semitrailer is registered by more than the allowance set 
 25.31  forth in paragraph (b) but less than 25 percent, or for 
 25.32  operating or using a motor vehicle, trailer, or semitrailer with 
 25.33  an axle weight exceeding the maximum lawful axle load as 
 25.34  provided in sections 169.822 to 169.829 by more than the 
 25.35  allowance set forth in paragraph (b) but less than 25 percent, 
 25.36  the owner, driver, or user of the motor vehicle, trailer, or 
 26.1   semitrailer used to commit the violation, in addition to any 
 26.2   penalty imposed for the misdemeanor, shall apply to the 
 26.3   registrar to increase the authorized gross weight to be carried 
 26.4   on the vehicle to a weight equal to or greater than the gross 
 26.5   weight the owner, driver, or user was convicted of carrying.  
 26.6   The increase is computed for the balance of the calendar year on 
 26.7   the basis of 1/12 of the annual tax for each month remaining in 
 26.8   the calendar year beginning with the first day of the month in 
 26.9   which the violation occurred.  If the additional registration 
 26.10  tax computed upon that weight, plus the tax already paid, 
 26.11  amounts to more than the regular tax for the maximum gross 
 26.12  weight permitted for the vehicle under sections 169.822 to 
 26.13  169.829, that additional amount must nevertheless be paid into 
 26.14  the highway fund, but the additional tax thus paid does not 
 26.15  authorize or permit any person to operate the vehicle with a 
 26.16  gross weight in excess of the maximum legal weight as provided 
 26.17  by sections 169.822 to 169.829.  Unless the owner within 30 days 
 26.18  after a conviction applies to increase the authorized weight and 
 26.19  pays the additional tax as provided in this section, the 
 26.20  registrar shall revoke the registration on the vehicle and 
 26.21  demand the return of the registration card and plates issued on 
 26.22  that registration. 
 26.23     (2) Upon conviction of an owner, driver, or user of a motor 
 26.24  vehicle, trailer, or semitrailer for transporting a gross weight 
 26.25  in excess of the gross weight for which the motor vehicle, 
 26.26  trailer, or semitrailer was registered by 25 percent or more or 
 26.27  for operating or using the vehicle or trailer with an axle 
 26.28  weight exceeding the maximum lawful axle load as provided in 
 26.29  sections 169.822 to 169.829 by 25 percent or more, and in 
 26.30  addition to any penalty imposed for the misdemeanor, the 
 26.31  registrar shall either (i) cancel the reciprocity privileges on 
 26.32  the vehicle involved if the vehicle is being operated under 
 26.33  reciprocity or (ii) if the vehicle is not being operated under 
 26.34  reciprocity, cancel the certificate of registration on the 
 26.35  vehicle operated and demand the return of the registration 
 26.36  certificate and registration plates.  The registrar may not 
 27.1   cancel the registration or reciprocity privileges for any 
 27.2   vehicle found in violation of seasonal load restrictions imposed 
 27.3   under section 169.87 unless the axle weight exceeds the 
 27.4   year-round weight limit for the highway on which the violation 
 27.5   occurred.  The registrar may investigate any allegation of gross 
 27.6   weight violations and demand that the operator show cause why 
 27.7   all future operating privileges in the state should not be 
 27.8   revoked unless the additional tax assessed is paid. 
 27.9      (3) Clause (1) does not apply to the first haul of 
 27.10  unprocessed or raw farm products or unfinished forest products, 
 27.11  when the registered gross weight is not exceeded by more than 
 27.12  ten percent.  For purposes of this clause, "first haul" means 
 27.13  (i) the first, continuous transportation of unprocessed or raw 
 27.14  farm products from the place of production or on-farm storage 
 27.15  site to any other location within 50 miles of the place of 
 27.16  production or on-farm storage site, or (ii) the continuous or 
 27.17  noncontinuous transportation of unfinished forest products from 
 27.18  the place of production to the place of final processing or 
 27.19  manufacture located within 200 miles of the place of production. 
 27.20     (4) When the registration on a motor vehicle, trailer, or 
 27.21  semitrailer is revoked by the registrar according to this 
 27.22  section, the vehicle must not be operated on the highways of the 
 27.23  state until it is registered or reregistered, as the case may 
 27.24  be, and new plates issued, and the registration fee is the 
 27.25  annual tax for the total gross weight of the vehicle at the time 
 27.26  of violation.  The reregistration pursuant to this subdivision 
 27.27  of any vehicle operating under reciprocity agreements pursuant 
 27.28  to section 168.181 or 168.187 must be at the full annual 
 27.29  registration fee without regard to the percentage of vehicle 
 27.30  miles traveled in this state. 
 27.31     Sec. 16.  Minnesota Statutes 2002, section 168.12, 
 27.32  subdivision 5, is amended to read: 
 27.33     Subd. 5.  [ADDITIONAL FEE.] (a) In addition to any fee 
 27.34  otherwise authorized or any tax otherwise imposed upon any motor 
 27.35  vehicle, the payment of which is required as a condition to the 
 27.36  issuance of any number license plate or plates, the commissioner 
 28.1   of public safety ~~may~~ shall impose ~~a~~ the fee specified in 
 28.2   paragraph (b) that is calculated to cover the cost of 
 28.3   manufacturing and issuing the license plate or plates, except 
 28.4   for license plates issued to disabled veterans as defined in 
 28.5   section 168.031 and license plates issued pursuant to section 
 28.6   168.124, 168.125, or 168.27, subdivisions 16 and 17, for 
 28.7   passenger automobiles.  Graphic design license plates shall only 
 28.8   be issued for vehicles registered pursuant to section 168.017 
 28.9   and recreational vehicles registered pursuant to section 
 28.10  168.013, subdivision 1g. 
 28.11     (b) Unless otherwise specified or exempted by statute, the 
 28.12  following plate and validation sticker fees apply for the 
 28.13  original, duplicate, or replacement issuance of a plate in a 
 28.14  plate year: 
 28.15  Sequential Double Plate                          $ 4.25
 28.16  Sequential Special Plate-Double                  $ 7.00
 28.17  Sequential Single Plate                          $ 3.00
 28.18  Sequential Special Plate-Single                  $ 5.50
 28.19  Self-Adhesive Plate                              $ 2.50
 28.20  Nonsequential Double Plate                       $14.00
 28.21  Nonsequential Single Plate                       $10.00
 28.22  Duplicate Sticker                                $ 1.00
 28.23     (c) Fees collected under this subdivision must be paid into 
 28.24  the state treasury and credited to the highway user tax 
 28.25  distribution fund. 
 28.26     Sec. 17.  [168.1293] [SPECIAL LICENSE PLATES; 
 28.27  AUTHORIZATION; DISCONTINUANCE.] 
 28.28     Subdivision 1.  [DEFINITION.] For purposes of this section 
 28.29  and section 168.1297 "special license plate" means a license 
 28.30  plate that is authorized by law to have wording and graphics 
 28.31  that differ from a standard Minnesota passenger vehicle license 
 28.32  plate, other than a license plate authorized under section 
 28.33  168.10, 168.105, 168.12, 168.123, 168.1235, 168.124, 168.125, 
 28.34  168.1255, 168.128, 168.129, or 168.1296. 
 28.35     Subd. 2.  [SUBMISSIONS TO DEPARTMENT.] (a) A person, legal 
 28.36  entity, or other requester, however organized, that plans to 
 29.1   seek legislation establishing a new special license plate shall 
 29.2   submit the following information and fee to the department of 
 29.3   public safety: 
 29.4      (1) The requester shall submit a request for the special 
 29.5   license plate being sought, describing the proposed license 
 29.6   plate in general terms, the purpose of the plate, and the 
 29.7   proposed fee or minimum contribution required for the plate. 
 29.8      (2) The requester shall submit the results of a scientific 
 29.9   sample survey of Minnesota motor vehicle owners that indicates 
 29.10  that at least 10,000 motor vehicle owners intend to purchase the 
 29.11  proposed plate with the proposed fee or minimum contribution.  
 29.12  The requester's plan to undertake the survey must be reported to 
 29.13  the department before the survey is undertaken.  The survey must 
 29.14  be performed independently of the requester by another person or 
 29.15  legal entity, however organized, that conducts similar sample 
 29.16  surveys in the normal course of business. 
 29.17     (3) The requester shall submit an application fee in an 
 29.18  amount determined by the commissioner, not to exceed $20,000, to 
 29.19  cover the department's cost of reviewing the application and 
 29.20  developing the special license plate if authorized.  State funds 
 29.21  may not be used to pay the application fee. 
 29.22     (4) The requester shall submit a marketing strategy that 
 29.23  contains (i) short-term and long-term marketing plans for the 
 29.24  requested plate, and (ii) a financial analysis showing the 
 29.25  anticipated revenues and the planned expenditures of any fee or 
 29.26  contribution derived from the requested plate. 
 29.27     (b) The requester shall submit the information required 
 29.28  under paragraph (a) to the department at least 120 days before 
 29.29  the convening of the next regular legislative session at which 
 29.30  the requester will submit the proposal. 
 29.31     Subd. 3.  [DESIGN; REDESIGN.] (a) If the special license 
 29.32  plate sought by the requester is approved by law, the requester 
 29.33  shall submit the proposed design for the plate to the department 
 29.34  as soon as practicable, but not later than 120 days after the 
 29.35  effective date of the law authorizing issuance of the plate.  
 29.36  The department is responsible for selecting the final design for 
 30.1   the special license plate. 
 30.2      (b) The requester that originally requested a special 
 30.3   license plate subsequently approved by law may not submit a new 
 30.4   design for the plate within the five years following the date of 
 30.5   first issuance of the plate unless the inventory of those plates 
 30.6   has been exhausted.  The requester may deplete the remaining 
 30.7   inventory of the plates by reimbursing the department for the 
 30.8   cost of the plates. 
 30.9      Subd. 4.  [REFUND OF FEE.] If the special license plate 
 30.10  requested is not authorized in the legislative session at which 
 30.11  authorization was sought, the department shall refund the 
 30.12  application fee to the requester. 
 30.13     Subd. 5.  [DISCONTINUANCE OF PLATE.] (a) The department 
 30.14  shall discontinue the issuance or renewal of any special license 
 30.15  plate if (1) less than 1,000 sets of those plates, including 
 30.16  annual renewals, have been issued by the end of the first five 
 30.17  full registration years during which the plates are available, 
 30.18  or (2) less than 1,000 sets of those plates, including annual 
 30.19  renewals, have been issued at the end of any subsequent two-year 
 30.20  period following the first five years of availability. 
 30.21     (b) The department may discontinue the issuance or renewal 
 30.22  of any special license plate, and distribution of any 
 30.23  contributions resulting from that plate, if the department 
 30.24  determines that (1) the fund or requester receiving the 
 30.25  contributions no longer exists, (2) the requester has stopped 
 30.26  providing services that are authorized to be funded from the 
 30.27  contribution proceeds, (3) the requester has requested 
 30.28  discontinuance, or (4) contributions have been used in violation 
 30.29  of subdivision 6. 
 30.30     Subd. 6.  [USE OF CONTRIBUTIONS.] Contributions made as a 
 30.31  condition of obtaining a special license plate, and interest 
 30.32  earned on the contributions, may not be spent for commercial or 
 30.33  for-profit purposes. 
 30.34     Sec. 18.  [168.1297] [SPECIAL "ROTARY MEMBER" LICENSE 
 30.35  PLATES.] 
 30.36     Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] The 
 31.1   registrar shall issue special "Rotary member" license plates to 
 31.2   an applicant who: 
 31.3      (1) is an owner or joint owner of a passenger automobile, 
 31.4   pickup truck, or van; 
 31.5      (2) pays a fee of $10 to cover the costs of handling and 
 31.6   manufacturing the plates; 
 31.7      (3) pays the registration tax required under section 
 31.8   168.013; 
 31.9      (4) pays the fees required under this chapter; 
 31.10     (5) submits proof to the registrar that the applicant is a 
 31.11  member of Rotary International; and 
 31.12     (6) complies with laws and rules governing registration and 
 31.13  licensing of vehicles and drivers. 
 31.14     Subd. 2.  [DESIGN.] A special license plate under this 
 31.15  section consists of a special license plate as described in 
 31.16  section 168.1291 with a unique symbol that is the recognized 
 31.17  emblem of Rotary International. 
 31.18     Subd. 3.  [COMPLIANCE WITH OTHER LAW.] The commissioner 
 31.19  shall take no action under this section unless the commissioner 
 31.20  determines that Rotary International, or one or more districts 
 31.21  of Rotary International, has complied with section 168.1293, 
 31.22  subdivision 2, paragraph (a).  Issuance and renewal of license 
 31.23  plates under this section are subject to section 168.1293, 
 31.24  subdivisions 3 to 6. 
 31.25     Sec. 19.  Minnesota Statutes 2002, section 168.54, 
 31.26  subdivision 4, is amended to read: 
 31.27     Subd. 4.  [TRANSFER FEE.] A fee of ~~$2~~ $3 is imposed upon 
 31.28  every transfer of ownership by the commissioner of public safety 
 31.29  of any motor vehicle for which a registration certificate has 
 31.30  heretofore been issued under this chapter, except vehicles sold 
 31.31  for the purposes of salvage or dismantling or permanent removal 
 31.32  from the state. 
 31.33     Sec. 20.  Minnesota Statutes 2002, section 168A.29, 
 31.34  subdivision 1, is amended to read: 
 31.35     Subdivision 1.  [AMOUNTS.] (a) The department shall be paid 
 31.36  the following fees: 
 32.1      (1) for filing an application for and the issuance of an 
 32.2   original certificate of title, the sum of ~~$2~~ $3; 
 32.3      (2) for each security interest when first noted upon a 
 32.4   certificate of title, including the concurrent notation of any 
 32.5   assignment thereof and its subsequent release or satisfaction, 
 32.6   the sum of $2, except that no fee is due for a security interest 
 32.7   filed by a public authority under section 168A.05, subdivision 
 32.8   8; 
 32.9      (3) for the transfer of the interest of an owner and the 
 32.10  issuance of a new certificate of title, the sum of ~~$2~~ $3; 
 32.11     (4) for each assignment of a security interest when first 
 32.12  noted on a certificate of title, unless noted concurrently with 
 32.13  the security interest, the sum of $1; 
 32.14     (5) for issuing a duplicate certificate of title, the sum 
 32.15  of $4.  
 32.16     (b) After June 30, 1994, in addition to each of the fees 
 32.17  required under paragraph (a), clauses (1) and (3), the 
 32.18  department shall be paid $3.50.  The additional fee collected 
 32.19  under this paragraph must be deposited in the special revenue 
 32.20  fund and credited to the public safety motor vehicle account 
 32.21  established in section 299A.70. 
 32.22     Sec. 21.  Minnesota Statutes 2002, section 169.14, is 
 32.23  amended by adding a subdivision to read: 
 32.24     Subd. 2a.  [SPEED LIMIT ON INTERSTATE HIGHWAY 35E.] The 
 32.25  commissioner shall designate the speed limit on marked 
 32.26  interstate highway 35E from West Seventh Street to marked 
 32.27  interstate highway 94 in St. Paul as 55 miles per hour, unless 
 32.28  the commissioner designates a different speed limit on that 
 32.29  highway after conducting an engineering and traffic 
 32.30  investigation under subdivision 4 and determining on the basis 
 32.31  of the investigation that a different speed limit is reasonable 
 32.32  and safe.  Any speed in excess of a speed limit designated under 
 32.33  this section is unlawful.  
 32.34     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003. 
 32.35     Sec. 22.  Minnesota Statutes 2002, section 169.14, 
 32.36  subdivision 5a, is amended to read: 
 33.1      Subd. 5a.  [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) 
 33.2   Local authorities may establish a school speed limit within a 
 33.3   school zone of a public or nonpublic school upon the basis of an 
 33.4   engineering and traffic investigation as prescribed by the 
 33.5   commissioner of transportation.  The establishment of a school 
 33.6   speed limit on any trunk highway shall be with the consent of 
 33.7   the commissioner of transportation.  Such school speed limits 
 33.8   shall be in effect when children are present, going to or 
 33.9   leaving school during opening or closing hours or during school 
 33.10  recess periods.  The school speed limit shall not be lower than 
 33.11  15 miles per hour and shall not be more than ~~20~~ 30 miles per 
 33.12  hour below the established speed limit on an affected street or 
 33.13  highway ~~if the established speed limit is 40 miles per hour or~~ 
 33.14  ~~greater~~. 
 33.15     (b) The school speed limit shall be effective upon the 
 33.16  erection of appropriate signs designating the speed and 
 33.17  indicating the beginning and end of the reduced speed zone.  Any 
 33.18  speed in excess of such posted school speed limit is unlawful.  
 33.19  All such signs shall be erected by the local authorities on 
 33.20  those streets and highways under their respective jurisdictions 
 33.21  and by the commissioner of transportation on trunk highways. 
 33.22     (c) For the purpose of this subdivision, "school zone" 
 33.23  means that section of a street or highway which abuts the 
 33.24  grounds of a school where children have access to the street or 
 33.25  highway from the school property or where an established school 
 33.26  crossing is located provided the school advance sign prescribed 
 33.27  by the manual on uniform traffic control devices adopted by the 
 33.28  commissioner of transportation pursuant to section 169.06 is in 
 33.29  place.  All signs erected by local authorities to designate 
 33.30  speed limits in school zones shall conform to the manual on 
 33.31  uniform control devices. 
 33.32     (d) Notwithstanding section 609.0331 or 609.101 or other 
 33.33  law to the contrary, a person who violates a speed limit 
 33.34  established under this subdivision is assessed an additional 
 33.35  surcharge equal to the amount of the fine imposed for the 
 33.36  violation, but not less than $25. 
 34.1      Sec. 23.  Minnesota Statutes 2002, section 169.18, 
 34.2   subdivision 11, is amended to read: 
 34.3      Subd. 11.  [PASSING PARKED EMERGENCY VEHICLE.] (a) When 
 34.4   approaching and before passing an authorized emergency vehicle 
 34.5   that is parked or otherwise stopped on or next to a street or 
 34.6   highway having two or more lanes in the same direction, the 
 34.7   driver of a vehicle shall safely move the vehicle to a lane away 
 34.8   from the emergency vehicle. 
 34.9      (b) A person who violates paragraph (a) shall be assessed 
 34.10  an additional surcharge equal to the amount of the fine imposed 
 34.11  for the speed violation, but not less than $25. 
 34.12     Sec. 24.  Minnesota Statutes 2002, section 169.791, 
 34.13  subdivision 1, is amended to read: 
 34.14     Subdivision 1.  [TERMS DEFINED.] (a) For purposes of this 
 34.15  section and sections 169.792 to ~~169.799~~ 169.798, the following 
 34.16  terms have the meanings given. 
 34.17     (b) "Commissioner" means the commissioner of public safety. 
 34.18     (c) "District court administrator" or "court administrator" 
 34.19  means the district court administrator or a deputy district 
 34.20  court administrator of the district court that has jurisdiction 
 34.21  of a violation of this section.  
 34.22     (d) "Insurance identification card" means a card issued by 
 34.23  an obligor to an insured stating that security as required by 
 34.24  section 65B.48 has been provided for the insured's vehicle.  
 34.25     (e) "Law enforcement agency" means the law enforcement 
 34.26  agency that employed the peace officer who demanded proof of 
 34.27  insurance under this section or section 169.792.  
 34.28     (f) "Peace officer" or "officer" means an employee of a 
 34.29  political subdivision or state law enforcement agency, including 
 34.30  the Minnesota state patrol, who is licensed by the Minnesota 
 34.31  board of peace officer standards and training and is authorized 
 34.32  to make arrests for violations of traffic laws. 
 34.33     (g) "Proof of insurance" means an insurance identification 
 34.34  card, written statement, or insurance policy as defined by 
 34.35  section 65B.14, subdivision 2. 
 34.36     (h) "Vehicle" means a motor vehicle as defined in section 
 35.1   65B.43, subdivision 2, or a motorcycle as defined in section 
 35.2   65B.43, subdivision 13.  
 35.3      (i) "Written statement" means a written statement by a 
 35.4   licensed insurance agent stating the name and address of the 
 35.5   insured, the vehicle identification number of the insured's 
 35.6   vehicle, that a plan of reparation security as required by 
 35.7   section 65B.48 has been provided for the insured's vehicle, and 
 35.8   the dates of the coverage. 
 35.9      (j) The definitions in section 65B.43 apply to sections 
 35.10  169.792 to ~~169.799~~ 169.798. 
 35.11     Sec. 25.  Minnesota Statutes 2002, section 169.796, is 
 35.12  amended by adding a subdivision to read: 
 35.13     Subd. 3.  [SAMPLING TO VERIFY INSURANCE COVERAGE.] (a) The 
 35.14  commissioner of public safety may implement a monthly sampling 
 35.15  program to verify insurance coverage.  The sample must annually 
 35.16  include at least two percent of all drivers who own motor 
 35.17  vehicles, as defined in section 168.011, licensed in the state, 
 35.18  one-half of whom during the previous year have been convicted of 
 35.19  at least one vehicle insurance law violation, have had a 
 35.20  driver's license revoked or suspended due to habitual violation 
 35.21  of traffic laws, have had no insurance in effect at the time of 
 35.22  a reportable crash, or have been convicted of an alcohol-related 
 35.23  motor vehicle offense.  No sample may be selected based on race, 
 35.24  religion, physical or mental disability, economic status, or 
 35.25  geographic location.  
 35.26     (b) The commissioner shall request each vehicle owner 
 35.27  included in the sample to furnish insurance coverage information 
 35.28  to the commissioner within 30 days.  The request must require 
 35.29  the owner to state whether or not all motor vehicles owned by 
 35.30  that person were insured on the verification date stated in the 
 35.31  commissioner's request.  The request may require, but is not 
 35.32  limited to, a signed statement by the owner that the information 
 35.33  is true and correct, the names and addresses of insurers, policy 
 35.34  numbers, and expiration or renewal dates of insurance coverage. 
 35.35     (c) The commissioner shall conduct a verification of the 
 35.36  response by transmitting necessary information to the insurance 
 36.1   companies named in the owner's response.  
 36.2      (d) The insurance companies shall electronically notify the 
 36.3   commissioner, within 30 days of the commissioner's request, of 
 36.4   any false statements regarding coverage.  
 36.5      (e) The commissioner shall suspend, without preliminary 
 36.6   hearing, the driver's license, if any, of a vehicle owner who 
 36.7   falsely claims coverage, who indicates that coverage was not in 
 36.8   effect at the time specified in the request, or who fails to 
 36.9   respond to the commissioner's request to furnish proof of 
 36.10  insurance.  The commissioner shall comply with the notice 
 36.11  requirement of section 171.18, subdivision 2.  
 36.12     (f) Before reinstatement of the driver's license, there 
 36.13  must be filed with the commissioner of public safety the written 
 36.14  certificate of an insurance carrier authorized to do business in 
 36.15  the state stating that security has been provided as required by 
 36.16  section 65B.48.  The commissioner of public safety may require 
 36.17  the certificate of insurance provided to satisfy this 
 36.18  subdivision to be certified by the insurance carrier for a 
 36.19  period not to exceed one year.  The commissioner of public 
 36.20  safety may also require a certificate of insurance to be filed 
 36.21  with respect to all vehicles required to be insured under 
 36.22  section 65B.48 and owned by any person whose driving privileges 
 36.23  have been suspended as provided in this section before 
 36.24  reinstating the person's driver's license. 
 36.25     Sec. 26.  Minnesota Statutes 2002, section 169.797, 
 36.26  subdivision 4a, is amended to read: 
 36.27     Subd. 4a.  [REGISTRATION REVOCATION AND LICENSE 
 36.28  SUSPENSION.] The commissioner of public safety shall revoke the 
 36.29  registration of any vehicle and ~~may~~ shall suspend the driver's 
 36.30  license of any operator, without preliminary hearing upon a 
 36.31  showing by department records, including accident reports 
 36.32  required to be submitted by section 169.09, or other sufficient 
 36.33  evidence that security required by section 65B.48 has not been 
 36.34  provided and maintained.  Before reinstatement of the 
 36.35  registration, there shall be filed with the commissioner of 
 36.36  public safety the written certificate of an insurance carrier 
 37.1   authorized to do business in the state stating that security has 
 37.2   been provided as required by section 65B.48.  The commissioner 
 37.3   of public safety may require the certificate of insurance 
 37.4   provided to satisfy this subdivision to be certified by the 
 37.5   insurance carrier to be noncancelable for a period not to exceed 
 37.6   one year.  The commissioner of public safety may also require a 
 37.7   certificate of insurance to be filed with respect to all 
 37.8   vehicles required to be insured under section 65B.48 and owned 
 37.9   by any person whose driving privileges have been suspended or 
 37.10  revoked as provided in this section before reinstating the 
 37.11  person's driver's license. 
 37.12     Sec. 27.  Minnesota Statutes 2002, section 169.798, 
 37.13  subdivision 1, is amended to read: 
 37.14     Subdivision 1.  [AUTHORITY.] The commissioner of public 
 37.15  safety shall have the power and perform the duties imposed 
 37.16  by this section and sections 65B.41 to 65B.71~~, this section,~~ and 
 37.17  ~~sections~~ 169.797 ~~and 169.799,~~ and may adopt rules to implement 
 37.18  and provide effective administration of the provisions requiring 
 37.19  security and governing termination of security. 
 37.20     Sec. 28.  Minnesota Statutes 2002, section 169.798, is 
 37.21  amended by adding a subdivision to read: 
 37.22     Subd. 4.  [ATTESTATION OF INSURANCE REQUIRED.] Every owner, 
 37.23  when applying for motor vehicle or motorcycle registration, 
 37.24  reregistration, or transfer of ownership, must attest that the 
 37.25  motor vehicle or motorcycle is covered by an insurance policy. 
 37.26     Sec. 29.  Minnesota Statutes 2002, section 169.826, 
 37.27  subdivision 1, is amended to read: 
 37.28     Subdivision 1.  [WINTER INCREASE AMOUNTS.] The limitations 
 37.29  provided in sections 169.822 to 169.829 are increased~~:~~  
 37.30     ~~(1)~~ by ten percent between the dates set by the 
 37.31  commissioner for each zone established by the commissioner based 
 37.32  on a freezing index model each winter~~, statewide;~~. 
 37.33     ~~(2) by ten percent between the dates set by the~~ 
 37.34  ~~commissioner based on a freezing index model each winter, in the~~ 
 37.35  ~~zone bounded as follows:  beginning at Pigeon River in the~~ 
 37.36  ~~northeast corner of Minnesota; thence in a southwesterly~~ 
 38.1   ~~direction along the north shore of Lake Superior to the~~ 
 38.2   ~~northeastern city limits of Duluth; thence along the eastern and~~ 
 38.3   ~~southern city limits of Duluth to the junction with trunk~~ 
 38.4   ~~highway No. 210; thence westerly along trunk highway No. 210 to~~ 
 38.5   ~~the junction with trunk highway No. 10; thence northwesterly~~ 
 38.6   ~~along trunk highway No. 10 to the Minnesota-North Dakota border;~~ 
 38.7   ~~thence northerly along that border to the Minnesota-Canadian~~ 
 38.8   ~~Border; thence easterly along said Border to Lake Superior; and~~ 
 38.9      ~~(3)~~ Subd. 1a.  [HARVEST SEASON INCREASE AMOUNT.] The 
 38.10  limitations provided in sections 169.822 to 169.829 are 
 38.11  increased by ten percent from the beginning of harvest to 
 38.12  November 30 each year for the movement of sugar beets, carrots, 
 38.13  and potatoes from the field of harvest to the point of the first 
 38.14  unloading.  Transfer of the product from a farm vehicle or small 
 38.15  farm trailer, within the meaning of chapter 168, to another 
 38.16  vehicle is not considered to be the first unloading.  The 
 38.17  commissioner shall not issue permits under this ~~clause~~ 
 38.18  subdivision if to do so will result in a loss of federal highway 
 38.19  funding to the state. 
 38.20     Sec. 30.  Minnesota Statutes 2002, section 169.826, is 
 38.21  amended by adding a subdivision to read: 
 38.22     Subd. 1b.  [NINE-TON COUNTY ROADS.] Despite the provisions 
 38.23  of subdivision 5 and sections 169.824, subdivision 2, paragraph 
 38.24  (a), clause (2), and 169.832, subdivision 11, a vehicle or 
 38.25  combination of vehicles with a gross vehicle weight up to 88,000 
 38.26  pounds may be operated on a nine-ton county road, consistent 
 38.27  with the increases allowed for vehicles operating on a ten-ton 
 38.28  road, during the time when the increases under subdivision 1 are 
 38.29  in effect in that zone. 
 38.30     Sec. 31.  Minnesota Statutes 2002, section 169.86, 
 38.31  subdivision 5, is amended to read: 
 38.32     Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
 38.33  commissioner, with respect to highways under the commissioner's 
 38.34  jurisdiction, may charge a fee for each permit issued.  All such 
 38.35  fees for permits issued by the commissioner of transportation 
 38.36  shall be deposited in the state treasury and credited to the 
 39.1   trunk highway fund.  Except for those annual permits for which 
 39.2   the permit fees are specified elsewhere in this chapter, the 
 39.3   fees shall be: 
 39.4      (a) $15 for each single trip permit. 
 39.5      (b) $36 for each job permit.  A job permit may be issued 
 39.6   for like loads carried on a specific route for a period not to 
 39.7   exceed two months.  "Like loads" means loads of the same 
 39.8   product, weight, and dimension. 
 39.9      (c) $60 for an annual permit to be issued for a period not 
 39.10  to exceed 12 consecutive months.  Annual permits may be issued 
 39.11  for: 
 39.12     (1) motor vehicles used to alleviate a temporary crisis 
 39.13  adversely affecting the safety or well-being of the public; 
 39.14     (2) motor vehicles which travel on interstate highways and 
 39.15  carry loads authorized under subdivision 1a; 
 39.16     (3) motor vehicles operating with gross weights authorized 
 39.17  under section 169.826, subdivision ~~1, clause (3)~~ 1a; 
 39.18     (4) special pulpwood vehicles described in section 169.863; 
 39.19     (5) motor vehicles bearing snowplow blades not exceeding 
 39.20  ten feet in width; and 
 39.21     (6) noncommercial transportation of a boat by the owner or 
 39.22  user of the boat. 
 39.23     (d) $120 for an oversize annual permit to be issued for a 
 39.24  period not to exceed 12 consecutive months.  Annual permits may 
 39.25  be issued for:  
 39.26     (1) mobile cranes; 
 39.27     (2) construction equipment, machinery, and supplies; 
 39.28     (3) manufactured homes; 
 39.29     (4) implements of husbandry when the movement is not made 
 39.30  according to the provisions of paragraph (i); 
 39.31     (5) double-deck buses; 
 39.32     (6) commercial boat hauling.  
 39.33     (e) For vehicles which have axle weights exceeding the 
 39.34  weight limitations of sections 169.822 to 169.829, an additional 
 39.35  cost added to the fees listed above.  However, this paragraph 
 39.36  applies to any vehicle described in section 168.013, subdivision 
 40.1   3, paragraph (b), but only when the vehicle exceeds its gross 
 40.2   weight allowance set forth in that paragraph, and then the 
 40.3   additional cost is for all weight, including the allowance 
 40.4   weight, in excess of the permitted maximum axle weight.  The 
 40.5   additional cost is equal to the product of the distance traveled 
 40.6   times the sum of the overweight axle group cost factors shown in 
 40.7   the following chart:  
 40.8                  Overweight Axle Group Cost Factors 
 40.9   Weight (pounds)         Cost Per Mile For Each Group Of:
 40.10  exceeding       Two consec-     Three consec-   Four consec-
 40.11  weight          utive axles     utive axles     utive axles
 40.12  limitations     spaced within   spaced within   spaced within
 40.13  on axles        8 feet or less  9 feet or less  14 feet or less 
 40.14       0-2,000    .12             .05             .04
 40.15   2,001-4,000    .14             .06             .05
 40.16   4,001-6,000    .18             .07             .06
 40.17   6,001-8,000    .21             .09             .07
 40.18   8,001-10,000   .26             .10             .08
 40.19  10,001-12,000   .30             .12             .09
 40.20  12,001-14,000   Not permitted   .14             .11
 40.21  14,001-16,000   Not permitted   .17             .12
 40.22  16,001-18,000   Not permitted   .19             .15
 40.23  18,001-20,000   Not permitted   Not permitted   .16
 40.24  20,001-22,000   Not permitted   Not permitted   .20
 40.25  The amounts added are rounded to the nearest cent for each axle 
 40.26  or axle group.  The additional cost does not apply to paragraph 
 40.27  (c), clauses (1) and (3).  
 40.28  For a vehicle found to exceed the appropriate maximum permitted 
 40.29  weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 40.30  a ton, over the permitted maximum weight is imposed in addition 
 40.31  to the normal permit fee.  Miles must be calculated based on the 
 40.32  distance already traveled in the state plus the distance from 
 40.33  the point of detection to a transportation loading site or 
 40.34  unloading site within the state or to the point of exit from the 
 40.35  state. 
 40.36     (f) As an alternative to paragraph (e), an annual permit 
 41.1   may be issued for overweight, or oversize and overweight, 
 41.2   construction equipment, machinery, and supplies.  The fees for 
 41.3   the permit are as follows:  
 41.4   Gross Weight (pounds) of Vehicle          Annual Permit Fee
 41.5        90,000 or less                             $200
 41.6        90,001 - 100,000                           $300
 41.7       100,001 - 110,000                           $400
 41.8       110,001 - 120,000                           $500
 41.9       120,001 - 130,000                           $600
 41.10      130,001 - 140,000                           $700
 41.11      140,001 - 145,000                           $800
 41.12  If the gross weight of the vehicle is more than 145,000 pounds 
 41.13  the permit fee is determined under paragraph (e). 
 41.14     (g) For vehicles which exceed the width limitations set 
 41.15  forth in section 169.80 by more than 72 inches, an additional 
 41.16  cost equal to $120 added to the amount in paragraph (a) when the 
 41.17  permit is issued while seasonal load restrictions pursuant to 
 41.18  section 169.87 are in effect. 
 41.19     (h) $85 for an annual permit to be issued for a period not 
 41.20  to exceed 12 months, for refuse-compactor vehicles that carry a 
 41.21  gross weight of not more than:  22,000 pounds on a single rear 
 41.22  axle; 38,000 pounds on a tandem rear axle; or, subject to 
 41.23  section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
 41.24  axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 41.25  axle must limit the gross vehicle weight to not more than 62,000 
 41.26  pounds. 
 41.27     (i) For vehicles exclusively transporting implements of 
 41.28  husbandry, an annual permit fee of $24.  A vehicle operated 
 41.29  under a permit authorized by this paragraph may be moved at the 
 41.30  discretion of the permit holder without prior route approval by 
 41.31  the commissioner if: 
 41.32     (1) the total width of the transporting vehicle, including 
 41.33  load, does not exceed 14 feet; 
 41.34     (2) the vehicle is operated only between sunrise and 30 
 41.35  minutes after sunset, and is not operated at any time after 
 41.36  12:00 noon on Sundays or holidays; 
 42.1      (3) the vehicle is not operated when visibility is impaired 
 42.2   by weather, fog, or other conditions that render persons and 
 42.3   other vehicles not clearly visible at 500 feet; 
 42.4      (4) the vehicle displays at the front and rear of the load 
 42.5   or vehicle a pair of flashing amber lights, as provided in 
 42.6   section 169.59, subdivision 4, whenever the overall width of the 
 42.7   vehicle exceeds 126 inches; and 
 42.8      (5) the vehicle is not operated on a trunk highway with a 
 42.9   surfaced roadway width of less than 24 feet unless such 
 42.10  operation is authorized by the permit. 
 42.11  A permit under this paragraph authorizes movements of the 
 42.12  permitted vehicle on an interstate highway, and movements of 75 
 42.13  miles or more on other highways. 
 42.14     Sec. 32.  Minnesota Statutes 2002, section 169.87, is 
 42.15  amended by adding a subdivision to read: 
 42.16     Subd. 7.  [VEHICLE TRANSPORTING PROPANE.] A weight 
 42.17  restriction imposed under subdivision 1 or 2 by the commissioner 
 42.18  of transportation or a local road authority does not apply to a 
 42.19  vehicle primarily designed and used for transporting propane for 
 42.20  delivery in bulk, while the vehicle is engaged in that 
 42.21  activity.  This subdivision does not authorize a vehicle 
 42.22  described in this subdivision to exceed a weight allowed for a 
 42.23  utility vehicle under subdivision 5, paragraph (a). 
 42.24     Sec. 33.  Minnesota Statutes 2002, section 171.13, is 
 42.25  amended by adding a subdivision to read: 
 42.26     Subd. 1i.  [DRIVER'S MANUAL; EMERGENCY VEHICLES.] The 
 42.27  commissioner shall include in each edition of the driver's 
 42.28  manual published by the department after August 1, 2003, a 
 42.29  section relating to the responsibilities of drivers to (1) drive 
 42.30  at an appropriate reduced speed when approaching an emergency 
 42.31  vehicle stopped on a highway as required under section 169.14, 
 42.32  subdivision 3, and (2) move vehicles to a lane safely away from 
 42.33  an emergency vehicle stopped on a highway as required under 
 42.34  section 169.18, subdivision 11. 
 42.35     Sec. 34.  Minnesota Statutes 2002, section 171.20, 
 42.36  subdivision 4, is amended to read: 
 43.1      Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
 43.2   reinstated, (1) a person whose driver's license has been 
 43.3   suspended under section 171.16, subdivision 2; 171.18, except 
 43.4   subdivision 1, clause (10); or 171.182, or who has been 
 43.5   disqualified from holding a commercial driver's license under 
 43.6   section 171.165, and (2) a person whose driver's license has 
 43.7   been suspended under section 171.186 and who is not exempt from 
 43.8   such a fee, must pay a fee of $20.  
 43.9      (b) Before the license is reinstated, a person whose 
 43.10  license has been suspended or revoked under sections 169.791 to 
 43.11  169.798 must pay a $20 reinstatement fee. 
 43.12     (c) When fees are collected by a licensing agent appointed 
 43.13  under section 171.061, a handling charge is imposed in the 
 43.14  amount specified under section 171.061, subdivision 4.  The 
 43.15  reinstatement fee and surcharge must be deposited in an approved 
 43.16  state depository as directed under section 171.061, subdivision 
 43.17  4.  
 43.18     (d) A suspension may be rescinded without fee for good 
 43.19  cause. 
 43.20     Sec. 35.  Minnesota Statutes 2002, section 171.29, 
 43.21  subdivision 2, is amended to read: 
 43.22     Subd. 2.  [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.] 
 43.23  (a) A person whose driver's license has been revoked as provided 
 43.24  in subdivision 1, except under section 169A.52, 169A.54, or 
 43.25  609.21, shall pay a $30 fee before the driver's license is 
 43.26  reinstated. 
 43.27     (b) A person whose driver's license has been revoked as 
 43.28  provided in subdivision 1 under section 169A.52, 169A.54, or 
 43.29  609.21, shall pay a ~~$250~~ $300 fee plus a $40 surcharge before 
 43.30  the driver's license is reinstated.  Beginning July 1, 2002, the 
 43.31  surcharge is $145.  Beginning July 1, 2003, the surcharge is 
 43.32  $380.  The ~~$250~~ $300 fee is to be credited as follows: 
 43.33     (1) Twenty percent must be credited to the trunk highway 
 43.34  fund. 
 43.35     (2) ~~Sixty-seven~~ Fifty-six percent must be credited to the 
 43.36  general fund. 
 44.1      (3) Eight percent must be credited to a separate account to 
 44.2   be known as the bureau of criminal apprehension account.  Money 
 44.3   in this account may be appropriated to the commissioner of 
 44.4   public safety and the appropriated amount must be apportioned 80 
 44.5   percent for laboratory costs and 20 percent for carrying out the 
 44.6   provisions of section 299C.065. 
 44.7      (4) ~~Five~~ Sixteen percent must be credited to a separate 
 44.8   account to be known as the traumatic brain injury and spinal 
 44.9   cord injury account.  The money in the account is annually 
 44.10  appropriated to the commissioner of health to be used as 
 44.11  follows:  ~~35~~ 83 percent for a contract with a qualified 
 44.12  community-based organization to provide information, resources, 
 44.13  and support to assist persons with traumatic brain injury and 
 44.14  their families to access services, and ~~65~~ 17 percent to maintain 
 44.15  the traumatic brain injury and spinal cord injury registry 
 44.16  created in section 144.662.  For the purposes of this clause, a 
 44.17  "qualified community-based organization" is a private, 
 44.18  not-for-profit organization of consumers of traumatic brain 
 44.19  injury services and their family members.  The organization must 
 44.20  be registered with the United States Internal Revenue Service 
 44.21  under section 501(c)(3) as a tax-exempt organization and must 
 44.22  have as its purposes:  
 44.23     (i) the promotion of public, family, survivor, and 
 44.24  professional awareness of the incidence and consequences of 
 44.25  traumatic brain injury; 
 44.26     (ii) the provision of a network of support for persons with 
 44.27  traumatic brain injury, their families, and friends; 
 44.28     (iii) the development and support of programs and services 
 44.29  to prevent traumatic brain injury; 
 44.30     (iv) the establishment of education programs for persons 
 44.31  with traumatic brain injury; and 
 44.32     (v) the empowerment of persons with traumatic brain injury 
 44.33  through participation in its governance. 
 44.34  No patient's name, identifying information, or identifiable 
 44.35  medical data will be disclosed to the organization without the 
 44.36  informed voluntary written consent of the patient or patient's 
 45.1   guardian or, if the patient is a minor, of the parent or 
 45.2   guardian of the patient. 
 45.3      (c) The surcharge must be credited to a separate account to 
 45.4   be known as the remote electronic alcohol-monitoring program 
 45.5   account.  The commissioner shall transfer the balance of this 
 45.6   account to the commissioner of finance on a monthly basis for 
 45.7   deposit in the general fund. 
 45.8      (d) When these fees are collected by a licensing agent, 
 45.9   appointed under section 171.061, a handling charge is imposed in 
 45.10  the amount specified under section 171.061, subdivision 4.  The 
 45.11  reinstatement fees and surcharge must be deposited in an 
 45.12  approved state depository as directed under section 171.061, 
 45.13  subdivision 4. 
 45.14     Sec. 36.  Minnesota Statutes 2002, section 174.03, 
 45.15  subdivision 6a, is amended to read: 
 45.16     Subd. 6a.  [ECONOMIC ANALYSIS OF NONHIGHWAY ALTERNATIVES.] 
 45.17  If the commissioner considers congestion pricing, tolls, mileage 
 45.18  pricing, or public-private partnerships in order to meet the 
 45.19  transportation needs of commuters in the department's 
 45.20  metropolitan district between 2001 and 2020, the commissioner 
 45.21  shall, in cooperation with the metropolitan council ~~and the~~ 
 45.22  ~~regional railroad authorities in the district~~, compare the 
 45.23  economics of these financing methods with the economics of 
 45.24  nonhighway alternatives for moving commuters.  The commissioner 
 45.25  shall analyze the economics as they relate to both individuals 
 45.26  and to the transportation system. 
 45.27     <b>[EFFECTIVE DATE.]</b> This section is effective December 31, 
 45.28  2003. 
 45.29     Sec. 37.  Minnesota Statutes 2002, section 174.22, is 
 45.30  amended by adding a subdivision to read: 
 45.31     Subd. 16.  [DUTY TO PASSENGER.] A public bus operator's 
 45.32  duty to a passenger, including a student passenger, applies only 
 45.33  when the passenger is riding upon, boarding, or disembarking 
 45.34  from the public transit vehicle.  At all other times the 
 45.35  passenger is a pedestrian and the public bus operator's duty is 
 45.36  limited to the duties owed by motorists to pedestrians. 
 46.1      Sec. 38.  Minnesota Statutes 2002, section 174.24, 
 46.2   subdivision 1, is amended to read: 
 46.3      Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A public transit 
 46.4   participation program is established to carry out the objectives 
 46.5   stated in section 174.21 by providing financial assistance from 
 46.6   the state, including the greater Minnesota transit fund 
 46.7   established in section 16A.88, to eligible recipients outside of 
 46.8   the metropolitan area.  
 46.9      Sec. 39.  Minnesota Statutes 2002, section 174.24, 
 46.10  subdivision 3b, is amended to read: 
 46.11     Subd. 3b.  [OPERATING ASSISTANCE.] (a) The commissioner 
 46.12  shall determine the total operating cost of any public transit 
 46.13  system receiving or applying for assistance in accordance with 
 46.14  generally accepted accounting principles.  To be eligible for 
 46.15  financial assistance, an applicant or recipient shall provide to 
 46.16  the commissioner all financial records and other information and 
 46.17  shall permit any inspection reasonably necessary to determine 
 46.18  total operating cost and correspondingly the amount of 
 46.19  assistance ~~which~~ that may be paid to the applicant or recipient. 
 46.20  Where more than one county or municipality contributes 
 46.21  assistance to the operation of a public transit system, the 
 46.22  commissioner shall identify one as lead agency for the purpose 
 46.23  of receiving money under this section.  
 46.24     (b) Prior to distributing operating assistance to eligible 
 46.25  recipients for any contract period, the commissioner shall place 
 46.26  all recipients into one of the following classifications:  
 46.27  urbanized area service, small urban area service, rural area 
 46.28  service, and elderly and handicapped service.  The commissioner 
 46.29  shall distribute funds under this section so that the percentage 
 46.30  of total operating cost paid by any recipient from local sources 
 46.31  will not exceed the percentage for that recipient's 
 46.32  classification, except as provided in an undue hardship case.  
 46.33  The percentages must be:  for urbanized area service and small 
 46.34  urban area service, ~~40~~ 20 percent; for rural area service, ~~35~~ 15 
 46.35  percent; and for elderly and handicapped service, ~~35~~ 15 percent. 
 46.36  The remainder of the total operating cost will be paid from 
 47.1   state funds less any assistance received by the recipient from 
 47.2   any federal source.  For purposes of this subdivision "local 
 47.3   sources" means ~~payments under section 174.242 plus~~ all local 
 47.4   sources of funds and includes all operating revenue, tax levies, 
 47.5   and contributions from public funds, except that the 
 47.6   commissioner may exclude from the total assistance contract 
 47.7   revenues derived from operations the cost of which is excluded 
 47.8   from the computation of total operating cost.  Total operating 
 47.9   costs of the Duluth transit authority or a successor agency 
 47.10  ~~shall~~ does not include costs related to the Superior, Wisconsin 
 47.11  service contract and the independent school district No. 709 
 47.12  service contract.  For calendar years 2004 and 2005, to enable 
 47.13  public transit systems to meet the provisions of this section 
 47.14  the commissioner may adjust payments of financial assistance to 
 47.15  recipients that were under a contract with the department on 
 47.16  January 1, 2003. 
 47.17     (c) If a recipient informs the commissioner in writing 
 47.18  after the establishment of these percentages but prior to the 
 47.19  distribution of financial assistance for any year that paying 
 47.20  its designated percentage of total operating cost from local 
 47.21  sources will cause undue hardship, the commissioner may reduce 
 47.22  the percentage to be paid from local sources by the recipient 
 47.23  and increase the percentage to be paid from local sources by one 
 47.24  or more other recipients inside or outside the classification~~,~~ 
 47.25  ~~provided that no recipient shall have its~~.  However, the 
 47.26  commissioner may not reduce or increase any recipient's 
 47.27  percentage ~~thus reduced or increased~~ under this paragraph for 
 47.28  more than two years successively.  If for any year the funds 
 47.29  appropriated to the commissioner to carry out the purposes of 
 47.30  this section are insufficient to allow the commissioner to pay 
 47.31  the state share of total operating cost as provided in this 
 47.32  paragraph, the commissioner shall reduce the state share in each 
 47.33  classification to the extent necessary. 
 47.34     Sec. 40.  Minnesota Statutes 2002, section 174.55, 
 47.35  subdivision 2, is amended to read: 
 47.36     Subd. 2.  [COMPOSITION.] The major transportation projects 
 48.1   commission is composed of the governor or the governor's 
 48.2   designee; four citizen members appointed by the governor and 
 48.3   serving at the pleasure of the governor; seven senators 
 48.4   appointed by the subcommittee on committees of the committee on 
 48.5   rules and administration, three of whom must not be members of 
 48.6   the senate majority party; and seven members of the house of 
 48.7   representatives appointed by the speaker, three of whom must not 
 48.8   be members of the house majority party.  The commissioner of 
 48.9   transportation shall serve as a nonvoting member unless the 
 48.10  commissioner is the governor's designee.  The commission shall 
 48.11  elect a chair from among its members.  Nongovernment members of 
 48.12  the commission shall receive compensation in accordance with 
 48.13  section 15.059, subdivision 3.  The commission expires June 30, 
 48.14  2004. 
 48.15     Sec. 41.  Minnesota Statutes 2002, section 179A.03, 
 48.16  subdivision 7, is amended to read: 
 48.17     Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
 48.18  firefighters, peace officers subject to licensure under sections 
 48.19  626.84 to 626.863, 911 system and police and fire department 
 48.20  public safety dispatchers, guards at correctional facilities, 
 48.21  confidential employees, supervisory employees, assistant county 
 48.22  attorneys, assistant city attorneys, principals, and assistant 
 48.23  principals.  However, for state employees, "essential employee" 
 48.24  means all employees in law enforcement, public safety radio 
 48.25  communications operators, health care professionals, 
 48.26  correctional guards, professional engineering, and supervisory 
 48.27  collective bargaining units, irrespective of severance, and no 
 48.28  other employees.  For University of Minnesota employees, 
 48.29  "essential employee" means all employees in law enforcement, 
 48.30  nursing professional and supervisory units, irrespective of 
 48.31  severance, and no other employees.  "Firefighters" means 
 48.32  salaried employees of a fire department whose duties include, 
 48.33  directly or indirectly, controlling, extinguishing, preventing, 
 48.34  detecting, or investigating fires.  Employees for whom the state 
 48.35  court administrator is the negotiating employer are not 
 48.36  essential employees. 
 49.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 49.2      Sec. 42.  Minnesota Statutes 2002, section 179A.10, 
 49.3   subdivision 2, is amended to read: 
 49.4      Subd. 2.  [STATE EMPLOYEES.] Unclassified employees, unless 
 49.5   otherwise excluded, are included within the units which include 
 49.6   the classifications to which they are assigned for purposes of 
 49.7   compensation.  Supervisory employees shall only be assigned to 
 49.8   units 12 and 16.  The following are the appropriate units of 
 49.9   executive branch state employees:  
 49.10     (1) law enforcement unit; 
 49.11     (2) craft, maintenance, and labor unit; 
 49.12     (3) service unit; 
 49.13     (4) health care nonprofessional unit; 
 49.14     (5) health care professional unit; 
 49.15     (6) clerical and office unit; 
 49.16     (7) technical unit; 
 49.17     (8) correctional guards unit; 
 49.18     (9) state university instructional unit; 
 49.19     (10) state college instructional unit; 
 49.20     (11) state university administrative unit; 
 49.21     (12) professional engineering unit; 
 49.22     (13) health treatment unit; 
 49.23     (14) general professional unit; 
 49.24     (15) professional state residential instructional unit; ~~and~~ 
 49.25     (16) supervisory employees unit; and 
 49.26     (17) public safety radio communications operator unit.  
 49.27     Each unit consists of the classifications or positions 
 49.28  assigned to it in the schedule of state employee job 
 49.29  classification and positions maintained by the commissioner.  
 49.30  The commissioner may only make changes in the schedule in 
 49.31  existence on the day prior to August 1, 1984, as required by law 
 49.32  or as provided in subdivision 4. 
 49.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003.  
 49.34     Sec. 43.  Minnesota Statutes 2002, section 275.065, 
 49.35  subdivision 3, is amended to read: 
 49.36     Subd. 3.  [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 
 50.1   county auditor shall prepare and the county treasurer shall 
 50.2   deliver after November 10 and on or before November 24 each 
 50.3   year, by first class mail to each taxpayer at the address listed 
 50.4   on the county's current year's assessment roll, a notice of 
 50.5   proposed property taxes.  
 50.6      (b) The commissioner of revenue shall prescribe the form of 
 50.7   the notice. 
 50.8      (c) The notice must inform taxpayers that it contains the 
 50.9   amount of property taxes each taxing authority proposes to 
 50.10  collect for taxes payable the following year.  In the case of a 
 50.11  town, or in the case of the state general tax, the final tax 
 50.12  amount will be its proposed tax.  In the case of taxing 
 50.13  authorities required to hold a public meeting under subdivision 
 50.14  6, the notice must clearly state that each taxing authority, 
 50.15  including regional library districts established under section 
 50.16  134.201, and including the metropolitan taxing districts as 
 50.17  defined in paragraph (i), but excluding all other special taxing 
 50.18  districts and towns, will hold a public meeting to receive 
 50.19  public testimony on the proposed budget and proposed or final 
 50.20  property tax levy, or, in case of a school district, on the 
 50.21  current budget and proposed property tax levy.  It must clearly 
 50.22  state the time and place of each taxing authority's meeting, a 
 50.23  telephone number for the taxing authority that taxpayers may 
 50.24  call if they have questions related to the notice, and an 
 50.25  address where comments will be received by mail.  
 50.26     (d) The notice must state for each parcel: 
 50.27     (1) the market value of the property as determined under 
 50.28  section 273.11, and used for computing property taxes payable in 
 50.29  the following year and for taxes payable in the current year as 
 50.30  each appears in the records of the county assessor on November 1 
 50.31  of the current year; and, in the case of residential property, 
 50.32  whether the property is classified as homestead or 
 50.33  nonhomestead.  The notice must clearly inform taxpayers of the 
 50.34  years to which the market values apply and that the values are 
 50.35  final values; 
 50.36     (2) the items listed below, shown separately by county, 
 51.1   city or town, and state general tax, net of the residential and 
 51.2   agricultural homestead credit under section 273.1384, voter 
 51.3   approved school levy, other local school levy, and the sum of 
 51.4   the special taxing districts, and as a total of all taxing 
 51.5   authorities:  
 51.6      (i) the actual tax for taxes payable in the current year; 
 51.7      (ii) the tax change due to spending factors, defined as the 
 51.8   proposed tax minus the constant spending tax amount; 
 51.9      (iii) the tax change due to other factors, defined as the 
 51.10  constant spending tax amount minus the actual current year tax; 
 51.11  and 
 51.12     (iv) the proposed tax amount. 
 51.13     If the county levy under clause (2) includes an amount for 
 51.14  a lake improvement district as defined under sections 103B.501 
 51.15  to 103B.581, the amount attributable for that purpose must be 
 51.16  separately stated from the remaining county levy amount.  
 51.17     In the case of a town or the state general tax, the final 
 51.18  tax shall also be its proposed tax unless the town changes its 
 51.19  levy at a special town meeting under section 365.52.  If a 
 51.20  school district has certified under section 126C.17, subdivision 
 51.21  9, that a referendum will be held in the school district at the 
 51.22  November general election, the county auditor must note next to 
 51.23  the school district's proposed amount that a referendum is 
 51.24  pending and that, if approved by the voters, the tax amount may 
 51.25  be higher than shown on the notice.  In the case of the city of 
 51.26  Minneapolis, the levy for the Minneapolis library board and the 
 51.27  levy for Minneapolis park and recreation shall be listed 
 51.28  separately from the remaining amount of the city's levy.  In the 
 51.29  case of the city of St. Paul, the levy for the St. Paul library 
 51.30  agency must be listed separately from the remaining amount of 
 51.31  the city's levy.  In the case of a parcel where tax increment or 
 51.32  the fiscal disparities areawide tax under chapter 276A or 473F 
 51.33  applies, the proposed tax levy on the captured value or the 
 51.34  proposed tax levy on the tax capacity subject to the areawide 
 51.35  tax must each be stated separately and not included in the sum 
 51.36  of the special taxing districts; and 
 52.1      (3) the increase or decrease between the total taxes 
 52.2   payable in the current year and the total proposed taxes, 
 52.3   expressed as a percentage. 
 52.4      For purposes of this section, the amount of the tax on 
 52.5   homesteads qualifying under the senior citizens' property tax 
 52.6   deferral program under chapter 290B is the total amount of 
 52.7   property tax before subtraction of the deferred property tax 
 52.8   amount. 
 52.9      (e) The notice must clearly state that the proposed or 
 52.10  final taxes do not include the following: 
 52.11     (1) special assessments; 
 52.12     (2) levies approved by the voters after the date the 
 52.13  proposed taxes are certified, including bond referenda, school 
 52.14  district levy referenda, and levy limit increase referenda; 
 52.15     (3) amounts necessary to pay cleanup or other costs due to 
 52.16  a natural disaster occurring after the date the proposed taxes 
 52.17  are certified; 
 52.18     (4) amounts necessary to pay tort judgments against the 
 52.19  taxing authority that become final after the date the proposed 
 52.20  taxes are certified; and 
 52.21     (5) the contamination tax imposed on properties which 
 52.22  received market value reductions for contamination. 
 52.23     (f) Except as provided in subdivision 7, failure of the 
 52.24  county auditor to prepare or the county treasurer to deliver the 
 52.25  notice as required in this section does not invalidate the 
 52.26  proposed or final tax levy or the taxes payable pursuant to the 
 52.27  tax levy. 
 52.28     (g) If the notice the taxpayer receives under this section 
 52.29  lists the property as nonhomestead, and satisfactory 
 52.30  documentation is provided to the county assessor by the 
 52.31  applicable deadline, and the property qualifies for the 
 52.32  homestead classification in that assessment year, the assessor 
 52.33  shall reclassify the property to homestead for taxes payable in 
 52.34  the following year. 
 52.35     (h) In the case of class 4 residential property used as a 
 52.36  residence for lease or rental periods of 30 days or more, the 
 53.1   taxpayer must either: 
 53.2      (1) mail or deliver a copy of the notice of proposed 
 53.3   property taxes to each tenant, renter, or lessee; or 
 53.4      (2) post a copy of the notice in a conspicuous place on the 
 53.5   premises of the property.  
 53.6      The notice must be mailed or posted by the taxpayer by 
 53.7   November 27 or within three days of receipt of the notice, 
 53.8   whichever is later.  A taxpayer may notify the county treasurer 
 53.9   of the address of the taxpayer, agent, caretaker, or manager of 
 53.10  the premises to which the notice must be mailed in order to 
 53.11  fulfill the requirements of this paragraph. 
 53.12     (i) For purposes of this subdivision, subdivisions 5a and 
 53.13  6, "metropolitan special taxing districts" means the following 
 53.14  taxing districts in the seven-county metropolitan area that levy 
 53.15  a property tax for any of the specified purposes listed below: 
 53.16     (1) metropolitan council under section 473.132, 473.167, 
 53.17  473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; 
 53.18     (2) metropolitan airports commission under section 473.667, 
 53.19  473.671, or 473.672; and 
 53.20     (3) metropolitan mosquito control commission under section 
 53.21  473.711. 
 53.22     ~~For purposes of this section, any levies made by the~~ 
 53.23  ~~regional rail authorities in the county of Anoka, Carver,~~ 
 53.24  ~~Dakota, Hennepin, Ramsey, Scott, or Washington under chapter~~ 
 53.25  ~~398A shall be included with the appropriate county's levy and~~ 
 53.26  ~~shall be discussed at that county's public hearing.~~ 
 53.27     (j) If a statutory or home rule charter city or a town has 
 53.28  exercised the local levy option provided by section 473.388, 
 53.29  subdivision 7, it may include in the notice of its proposed 
 53.30  taxes the amount of its proposed taxes attributable to its 
 53.31  exercise of the option.  In the first year of the city or town's 
 53.32  exercise of this option, the statement shall include an estimate 
 53.33  of the reduction of the metropolitan council's tax on the parcel 
 53.34  due to exercise of that option.  The metropolitan council's levy 
 53.35  shall be adjusted accordingly. 
 53.36     <b>[EFFECTIVE DATE.]</b> This section is effective December 31, 
 54.1   2003. 
 54.2      Sec. 44.  Minnesota Statutes 2002, section 275.71, 
 54.3   subdivision 5, is amended to read: 
 54.4      Subd. 5.  [PROPERTY TAX LEVY LIMIT.] Notwithstanding any 
 54.5   other provision of a municipal charter which limits ad valorem 
 54.6   taxes to a lesser amount, or which would require a separate 
 54.7   voter approval for any increase, for taxes levied in 2001 and 
 54.8   2002, the property tax levy limit for a local governmental unit 
 54.9   is equal to its adjusted levy limit base determined under 
 54.10  subdivision 4 plus any additional levy authorized under section 
 54.11  275.73, which is levied against net tax capacity, reduced by the 
 54.12  sum of (i) the total amount of aids and reimbursements that the 
 54.13  local governmental unit is certified to receive under sections 
 54.14  477A.011 to 477A.014, except for the increases in city aid bases 
 54.15  in calendar year 2002 under section 477A.011, subdivision 36, 
 54.16  paragraphs (n), (p), and (q), (ii) homestead and agricultural 
 54.17  aids it is certified to receive under section 273.1398, (iii) 
 54.18  taconite aids under sections 298.28 and 298.282 including any 
 54.19  aid which was required to be placed in a special fund for 
 54.20  expenditure in the next succeeding year, and (iv) low-income 
 54.21  housing aid under sections 477A.06 and 477A.065~~, and (v)~~ 
 54.22  ~~property tax replacement aids under section 174.242~~. 
 54.23     Sec. 45.  Minnesota Statutes 2002, section 297B.09, 
 54.24  subdivision 1, is amended to read: 
 54.25     Subdivision 1.  [DEPOSIT OF REVENUES.] (a) Money collected 
 54.26  and received under this chapter must be deposited as provided in 
 54.27  this subdivision.  
 54.28     (b) ~~From July 1, 2001, to June 30, 2002, 30.86 percent of~~ 
 54.29  ~~the money collected and received must be deposited in the~~ 
 54.30  ~~highway user tax distribution fund, and the remaining money must~~ 
 54.31  ~~be deposited in the general fund.~~  
 54.32     ~~(c)~~ On and after July 1, 2002, 32 percent of the money 
 54.33  collected and received must be deposited in the highway user tax 
 54.34  distribution fund, ~~20.5 percent must be deposited in the~~ 
 54.35  ~~metropolitan area transit fund under section 16A.88,~~ and 1.25 
 54.36  percent must be deposited in the greater Minnesota transit fund 
 55.1   under section 16A.88.  ~~In fiscal year 2004 and thereafter, two~~ 
 55.2   ~~percent of the money collected and received must be deposited in~~ 
 55.3   ~~the metropolitan area transit appropriation account under~~ 
 55.4   ~~section 16A.88.~~  Of the money collected and received, 
 55.5   $125,583,000 each year must be deposited in the metropolitan 
 55.6   area transit fund under section 16A.88.  The remaining money 
 55.7   must be deposited in the general fund. 
 55.8      Sec. 46.  Minnesota Statutes 2002, section 299A.465, 
 55.9   subdivision 4, is amended to read: 
 55.10     Subd. 4.  [PUBLIC EMPLOYER REIMBURSEMENT.] A public 
 55.11  employer subject to this section may annually apply by August 1 
 55.12  for the preceding fiscal year to the commissioner of public 
 55.13  safety for reimbursement to help defray a portion of its costs 
 55.14  of complying with this section.  The commissioner shall provide 
 55.15  ~~reimbursement~~ an equal pro rata share to the public employer out 
 55.16  of the public safety officer's benefit account based on the 
 55.17  availability of funds for each eligible officer, firefighter, 
 55.18  and qualifying dependents.  Individual shares must not exceed 
 55.19  the actual costs of providing coverage under this section by a 
 55.20  public employer. 
 55.21     Sec. 47.  [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES; 
 55.22  GENERAL.] 
 55.23     Subdivision 1.  [DEFINITIONS.] (a) For purposes of sections 
 55.24  299A.80 to 299A.802, the terms defined in this subdivision have 
 55.25  the meanings given them. 
 55.26     (b) "Administrative agent" means a person or entity 
 55.27  licensed by or granted authority by the commissioner of public 
 55.28  safety under: 
 55.29     (1) section 168.33 as a deputy registrar; 
 55.30     (2) section 168C.11 as a deputy registrar of bicycles; or 
 55.31     (3) section 171.061 as a driver's license agent. 
 55.32     (c) "Other authority" means licenses, orders, stipulation 
 55.33  agreements, settlements, or compliance agreements adopted or 
 55.34  issued by the commissioner of public safety. 
 55.35     (d) "Commissioner" means the commissioner of public safety. 
 55.36     (e) "License" means a license, permit, registration, 
 56.1   appointment, or certificate issued or granted to an 
 56.2   administrative agent by the commissioner of public safety. 
 56.3      Subd. 2.  [APPLICABILITY.] Sections 299A.80 to 299A.802 
 56.4   apply to administrative agents licensed by or subject to other 
 56.5   authority of the commissioner. 
 56.6      Subd. 3.  [CUMULATIVE REMEDY.] The authority of the 
 56.7   commissioner to issue a corrective order or assess an 
 56.8   administrative penalty under sections 299A.80 to 299A.802 is in 
 56.9   addition to other remedies available under statutory or common 
 56.10  law, except that the state may not seek a civil penalty under 
 56.11  any other law for a violation covered by an administrative 
 56.12  penalty order.  The payment of a penalty does not preclude the 
 56.13  use of other enforcement provisions, under which civil fines are 
 56.14  not assessed, in connection with the violation for which the 
 56.15  penalty was assessed. 
 56.16     Subd. 4.  [ACCESS TO INFORMATION AND PROPERTY.] The 
 56.17  commissioner, an employee, or an agent authorized by the 
 56.18  commissioner, upon presentation of credentials, may: 
 56.19     (1) examine and copy any books, papers, records, memoranda, 
 56.20  or data of an administrative agent; and 
 56.21     (2) enter upon any property where an administrative agent 
 56.22  conducts its place of business to take actions authorized under 
 56.23  statute, rule, or other authority, including (i) obtaining 
 56.24  information from an administrative agent who has a duty to 
 56.25  provide information under statute, rule, or other authority, (ii)
 56.26  taking steps to remedy violations, or (iii) conducting surveys 
 56.27  or investigations. 
 56.28     Subd. 5.  [FALSE INFORMATION.] (a) An administrative agent 
 56.29  may not: 
 56.30     (1) make a false material statement, representation, or 
 56.31  certification in a required document; 
 56.32     (2) omit material information from a required document; or 
 56.33     (3) alter, conceal, or fail to file or maintain a required 
 56.34  document. 
 56.35     (b) In this section, "required document" means a notice, 
 56.36  application, record, report, plan, or other document required 
 57.1   under statute, rule, or other authority. 
 57.2      Subd. 6.  [ENFORCEMENT.] (a) The attorney general may 
 57.3   proceed on behalf of the state to enforce administrative 
 57.4   penalties that are due and payable under section 299A.802 in any 
 57.5   manner provided by law for the collection of debts. 
 57.6      (b) The attorney general may petition the district court to 
 57.7   file a final administrative penalty order as an order of the 
 57.8   court.  At any court hearing to enforce a final administrative 
 57.9   penalty order, the only issues the parties may contest are 
 57.10  procedural and notice issues.  Once entered, the administrative 
 57.11  penalty order may be enforced in the same manner as a final 
 57.12  judgment of the district court.  This paragraph does not 
 57.13  preclude district court review of the merits of an 
 57.14  administrative penalty order if the order is appealed by the 
 57.15  administrative agent under section 299A.802, subdivision 5. 
 57.16     (c) If an administrative agent fails to pay an 
 57.17  administrative penalty, the attorney general may bring a civil 
 57.18  action in district court seeking payment of the penalty, 
 57.19  injunctive relief, or other appropriate relief including 
 57.20  monetary damages, attorney fees, costs, and interest. 
 57.21     Subd. 7.  [RECOVERY OF REASONABLE COSTS AND ATTORNEY 
 57.22  FEES.] (a) In any judicial action brought by the attorney 
 57.23  general for civil penalties, injunctive relief, or an action to 
 57.24  compel performance pursuant to this section, if the state 
 57.25  finally prevails, and if the proven violation was willful, the 
 57.26  state, in addition to other penalties provided by law, may be 
 57.27  allowed an amount determined by the court to be the reasonable 
 57.28  value of all or part of the costs and attorney fees incurred by 
 57.29  the state or the prevailing party.  In determining the amount of 
 57.30  the reasonable costs and attorney fees to be allowed, the court 
 57.31  must give consideration to the economic circumstances of the 
 57.32  defendant. 
 57.33     (b) However, if a defendant prevails, the court may award 
 57.34  the reasonable value of all or part of the reasonable costs and 
 57.35  attorney fees incurred by the defendant. 
 57.36     Subd. 8.  [EDUCATION AND COMPLIANCE ACCOUNT; MONEY 
 58.1   ALLOCATED.] An education and compliance account is created for 
 58.2   the deposit of administrative penalty order receipts.  Of the 
 58.3   funds deposited in this account, $5,000 each year is 
 58.4   appropriated to the commissioner for education and compliance 
 58.5   activities related to the regulated parties affected by this 
 58.6   chapter.  At the end of each biennium, all money not expended 
 58.7   lapses to the general fund. 
 58.8      Subd. 9.  [PLAN FOR USING ADMINISTRATIVE PENALTIES AND 
 58.9   CEASE AND DESIST AUTHORITY.] The commissioner shall prepare a 
 58.10  plan for using the administrative penalty order and cease and 
 58.11  desist authority in this section.  The commissioner shall 
 58.12  provide a 30-day period for public comment on the plan.  The 
 58.13  plan must be finalized by July 1, 2004, and may be modified as 
 58.14  necessary upon subsequent notice and opportunity for comment. 
 58.15     Sec. 48.  [299A.801] [CORRECTIVE ORDERS AND INJUNCTIONS.] 
 58.16     Subdivision 1.  [CORRECTIVE ORDERS.] (a) Before seeking an 
 58.17  administrative penalty order under section 299A.802, the 
 58.18  commissioner must issue a corrective order that requires the 
 58.19  administrative agent to correct the violation of statute, rule, 
 58.20  or other authority.  The corrective order must state the 
 58.21  deficiencies that constitute the violation of the specific 
 58.22  statute, rule, or other authority, and the time by which the 
 58.23  violation must be corrected.  In addition to service by 
 58.24  certified mail on the administrative agent, a copy of the 
 58.25  corrective order must be given to the county auditor in the 
 58.26  county where the administrative agent is located.  
 58.27     (b) The administrative agent to whom the corrective order 
 58.28  was issued shall provide information to the commissioner, by the 
 58.29  due date stated in the corrective order, demonstrating that the 
 58.30  violation has been corrected or that the administrative agent 
 58.31  has developed a corrective plan acceptable to the commissioner.  
 58.32  The commissioner must determine whether the violation has been 
 58.33  corrected and notify the administrative agent subject to the 
 58.34  order of the commissioner's determination. 
 58.35     (c) If the administrative agent believes that the 
 58.36  information contained in the commissioner's corrective order is 
 59.1   in error, the administrative agent may ask the commissioner to 
 59.2   reconsider the parts of the corrective order that are alleged to 
 59.3   be in error.  The request must: 
 59.4      (1) be in writing; 
 59.5      (2) be delivered to the commissioner by certified mail 
 59.6   within seven calendar days after receipt of the corrective 
 59.7   order; 
 59.8      (3) specify which parts of the corrective order are alleged 
 59.9   to be in error and explain why they are in error; and 
 59.10     (4) provide documentation to support the allegation of 
 59.11  error. 
 59.12     (d) The commissioner shall respond to requests made under 
 59.13  paragraph (c) within 15 calendar days after receiving a 
 59.14  request.  A request for reconsideration does not stay the 
 59.15  corrective order; however, after reviewing the request for 
 59.16  reconsideration, the commissioner may provide additional time to 
 59.17  comply with the order if necessary.  The commissioner's 
 59.18  disposition of a request for reconsideration of a corrective 
 59.19  order is final. 
 59.20     Subd. 2.  [CEASE AND DESIST ORDER.] The commissioner, or an 
 59.21  employee of the department designated by the commissioner, may 
 59.22  issue an order to cease an activity otherwise authorized by 
 59.23  statute, rule, or other authority if continuation of the 
 59.24  activity would result in an immediate risk to public safety.  A 
 59.25  cease and desist order issued under this subdivision is 
 59.26  effective for a maximum of 72 hours.  In conjunction with 
 59.27  issuing the cease and desist order, the commissioner may post a 
 59.28  sign to cease an activity until the cease and desist order is 
 59.29  lifted and the sign is removed by the commissioner.  To restrain 
 59.30  activities for a period beyond 72 hours, the commissioner must 
 59.31  seek an injunction or take other administrative action 
 59.32  authorized by law.  The issuance of a cease and desist order 
 59.33  does not preclude the commissioner from pursuing any other 
 59.34  enforcement action available to the commissioner. 
 59.35     Subd. 3.  [ACTION FOR INJUNCTIVE RELIEF.] In addition to 
 59.36  any other remedy provided by law, the commissioner may bring an 
 60.1   action for injunctive relief in the district court in Ramsey 
 60.2   county or, at the commissioner's discretion, in the district 
 60.3   court in the county in which a violation of a statute, rule, or 
 60.4   other authority has occurred to enjoin the violation. 
 60.5      Sec. 49.  [299A.802] [ADMINISTRATIVE PENALTY ORDERS.] 
 60.6      Subdivision 1.  [GENERAL.] The commissioner may issue an 
 60.7   administrative penalty order for a violation of statute, rule, 
 60.8   or other authority if an administrative agent has failed to 
 60.9   comply with a corrective order issued under section 299A.801 
 60.10  related to that violation.  The maximum amount of an 
 60.11  administrative penalty order is $10,000 for each administrative 
 60.12  agent for all violations identified in an inspection or review 
 60.13  of compliance.  In addition to service by certified mail on the 
 60.14  administrative agent, a copy of the administrative penalty order 
 60.15  must be given to the county auditor in the county where the 
 60.16  administrative agent is located.  
 60.17     Subd. 2.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 
 60.18  determining the amount of a penalty to be assessed under this 
 60.19  section, the commissioner may consider: 
 60.20     (1) the willfulness of the violation; 
 60.21     (2) the gravity of the violation, including damage to 
 60.22  consumers or the state; 
 60.23     (3) the history of past violations; 
 60.24     (4) the number of violations; 
 60.25     (5) the economic benefit gained by the administrative agent 
 60.26  by allowing or committing the violation; and 
 60.27     (6) other factors as justice may require, if the 
 60.28  commissioner specifically identifies the additional factors in 
 60.29  the commissioner's order. 
 60.30     (b) If an administrative agent violates a corrective order 
 60.31  after a violation of a previous corrective order, the 
 60.32  commissioner, in determining the amount of a penalty, must 
 60.33  consider the factors in paragraph (a) and the following factors: 
 60.34     (1) similarity of the most recent previous violation of a 
 60.35  corrective order and the violation to be penalized; 
 60.36     (2) time elapsed since the last violation of a corrective 
 61.1   order; 
 61.2      (3) number of previous violations; and 
 61.3      (4) response of the administrative agent to the most recent 
 61.4   previous violation identified. 
 61.5      Subd. 3.  [CONTENTS OF ORDER.] An administrative penalty 
 61.6   order under this section must include: 
 61.7      (1) a concise statement of the facts alleged to constitute 
 61.8   a violation; 
 61.9      (2) a reference to the portion of the statute, rule, 
 61.10  variance, order, or stipulation agreement or the term or 
 61.11  condition of a permit that has been violated; 
 61.12     (3) a description of the violation of the corrective order 
 61.13  that forms the basis for issuance of the administrative penalty 
 61.14  order; 
 61.15     (4) a statement of the amount of the administrative penalty 
 61.16  to be imposed and the factors upon which the penalty is based; 
 61.17  and 
 61.18     (5) a statement of the administrative agent's right to 
 61.19  review and appeal of the administrative penalty order. 
 61.20     Subd. 4.  [DUE DATE.] (a) Unless the administrative agent 
 61.21  requests review of the administrative penalty order under 
 61.22  subdivision 5 before the penalty is due, the penalty in the 
 61.23  order is due and payable on the 31st day after the 
 61.24  administrative penalty order was received, if the administrative 
 61.25  agent subject to the order fails to provide information to the 
 61.26  commissioner showing that the violation has been corrected or 
 61.27  that appropriate steps have been taken toward correcting the 
 61.28  violation.  These requirements may be waived or extended by the 
 61.29  commissioner.  
 61.30     (b) Interest at the rate established in section 549.09 
 61.31  begins to accrue on penalties under this subdivision on the 31st 
 61.32  day after the order with the penalty was received, unless waived 
 61.33  by the commissioner. 
 61.34     Subd. 5.  [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 
 61.35  days after receiving an administrative penalty order, the 
 61.36  administrative agent subject to an order under this section may 
 62.1   request an expedited hearing, using the procedures of Minnesota 
 62.2   Rules, parts 1400.8510 to 1400.8612, or their successor rules, 
 62.3   to review the commissioner's action.  The hearing request must 
 62.4   specifically state the reasons for seeking review of the 
 62.5   administrative penalty order.  The administrative agent to whom 
 62.6   the administrative penalty order is directed and the 
 62.7   commissioner are the parties to the expedited hearing.  At least 
 62.8   15 days before the hearing, the commissioner shall notify the 
 62.9   administrative agent to whom the administrative penalty order is 
 62.10  directed of the time and place of the hearing.  The expedited 
 62.11  hearing must be held within 30 days after a request for hearing 
 62.12  has been filed with the commissioner unless the parties agree to 
 62.13  a later date. 
 62.14     (b) All written arguments must be submitted within ten days 
 62.15  following the close of the hearing.  The hearing must be 
 62.16  conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 
 62.17  or their successor rules, as modified by this subdivision.  The 
 62.18  office of administrative hearings, in consultation with the 
 62.19  agency, may adopt rules specifically applicable to cases under 
 62.20  this section. 
 62.21     (c) Within 30 days following the close of the record, the 
 62.22  administrative law judge shall issue a report making 
 62.23  recommendations about the commissioner's action to the 
 62.24  commissioner.  The administrative law judge may not recommend a 
 62.25  change in the amount of the proposed administrative penalty 
 62.26  unless the administrative law judge determines that, based on 
 62.27  the factors in subdivision 1, the amount of the administrative 
 62.28  penalty is unreasonable.  
 62.29     (d) If the administrative law judge makes a finding that 
 62.30  the hearing was requested solely for purposes of delay or that 
 62.31  the hearing request was frivolous, the commissioner may add to 
 62.32  the amount of the administrative penalty the costs charged to 
 62.33  the agency by the office of administrative hearings for the 
 62.34  hearing. 
 62.35     (e) If a hearing has been held, the commissioner may not 
 62.36  issue a final order until at least five days after receipt of 
 63.1   the report of the administrative law judge.  Within those five 
 63.2   days, the administrative agent to whom an administrative penalty 
 63.3   order is issued may comment to the commissioner on the 
 63.4   recommendations and the commissioner shall consider the 
 63.5   comments.  The final administrative penalty order may be 
 63.6   appealed to the district court for a de novo review of the order.
 63.7      (f) If a hearing has been held and a final administrative 
 63.8   penalty order issued by the commissioner, the administrative 
 63.9   penalty must be paid by 30 days after the date the final order 
 63.10  is received unless it is appealed to the district court.  If an 
 63.11  appeal is not taken or the administrative penalty order is 
 63.12  upheld on appeal, the amount due is the administrative penalty, 
 63.13  together with interest accruing from 31 days after the original 
 63.14  order was received, at the rate established in section 549.09. 
 63.15     Subd. 6.  [MEDIATION.] In addition to review under 
 63.16  subdivision 5, the commissioner may enter into mediation 
 63.17  concerning an order issued under this section if the 
 63.18  commissioner and the administrative agent to whom the order is 
 63.19  issued both agree to mediation. 
 63.20     Sec. 50.  Minnesota Statutes 2002, section 299E.01, is 
 63.21  amended by adding a subdivision to read: 
 63.22     Subd. 6.  [TOWING.] The capitol complex security division 
 63.23  must conform to section 169.041 in its towing policy and 
 63.24  practice for vehicles in public parking spaces within the 
 63.25  capitol complex. 
 63.26     Sec. 51.  Minnesota Statutes 2002, section 299E.03, 
 63.27  subdivision 3, is amended to read: 
 63.28     Subd. 3.  [EXPIRATION AND COMPENSATION.] ~~Notwithstanding~~ 
 63.29  ~~section 15.059,~~ The oversight committee ~~does not expire~~ expires 
 63.30  June 30, 2004.  Committee members may not receive compensation 
 63.31  for serving, but may receive expense reimbursements as provided 
 63.32  in section 15.059. 
 63.33     Sec. 52.  [331A.12] [WEB SITE PUBLICATION OF LOCAL 
 63.34  TRANSPORTATION RFP.] 
 63.35     Subdivision 1.  [DEFINITIONS.] (a) The terms defined in 
 63.36  this subdivision and section 331A.01 apply to this section. 
 64.1      (b) "Web site" means a specific, addressable location 
 64.2   provided on a server connected to the Internet and hosting World 
 64.3   Wide Web pages and other files that are generally accessible on 
 64.4   the Internet all or most of the day. 
 64.5      Subd. 2.  [DESIGNATION.] At the meeting of the governing 
 64.6   body of the local public corporation at which the governing body 
 64.7   must designate its official newspaper for the year, the 
 64.8   governing body may designate in the same manner publication of 
 64.9   transportation projects on the local public corporation's Web 
 64.10  site.  Publication on the Web site may be used in place of or in 
 64.11  addition to any other required form of publication.  Each year 
 64.12  after designating publication on the Web site for transportation 
 64.13  projects, the local public corporation must publish in a 
 64.14  qualified newspaper in the jurisdiction and on the Web site, 
 64.15  notice that the local public corporation will publish any 
 64.16  advertisements for bids on its Web site. 
 64.17     Subd. 3.  [FORM, TIME FOR PUBLICATION SAME.] A local public 
 64.18  corporation that publishes on its Web site under this section 
 64.19  must post the information in substantially the same format and 
 64.20  for the same period of time as required for publication in an 
 64.21  official newspaper or another other print publication. 
 64.22     Subd. 4.  [RECORD RETENTION.] A local public corporation 
 64.23  that publishes notice on its Web site under this section must 
 64.24  ensure that a permanent record of publication is maintained in a 
 64.25  form accessible by the public. 
 64.26     Sec. 53.  [373.29] [EXEMPTION FROM PERMIT REQUIREMENTS.] 
 64.27     Notwithstanding any statute or rule that requires a county 
 64.28  to obtain a permit to reconstruct or maintain a highway, a 
 64.29  county that reconstructs or maintains a county or county 
 64.30  state-aid highway within the right-of-way of an existing county 
 64.31  or county state-aid highway is exempt from all permits.  This 
 64.32  exemption does not relieve any county from any substantive 
 64.33  requirement imposed by law or rule other than a requirement to 
 64.34  obtain a permit. 
 64.35     Sec. 54.  Minnesota Statutes 2002, section 398A.03, 
 64.36  subdivision 1, is amended to read: 
 65.1      Subdivision 1.  [ORGANIZATION RESOLUTION.] A regional 
 65.2   railroad authority may be organized by resolution or joint 
 65.3   resolution adopted by the governing body or bodies of one or 
 65.4   more counties located outside the metropolitan area as defined 
 65.5   in section 473.121, subdivision 2.  The governing body or bodies 
 65.6   of a municipality or municipalities within a county or counties 
 65.7   may request by resolution that the county or counties organize a 
 65.8   railroad authority.  If the county or counties do not organize 
 65.9   an authority within 90 days of receipt of the request, the 
 65.10  municipality or municipalities may organize an authority by 
 65.11  resolution or joint resolution.  A resolution organizing an 
 65.12  authority must state: 
 65.13     (a) That the authority is organized under the Regional 
 65.14  Railroad Authorities Act as a political subdivision and local 
 65.15  government unit of Minnesota, to exercise thereunder part of the 
 65.16  sovereign power of the state; 
 65.17     (b) The name of the authority, including the words 
 65.18  "regional railroad authority"; 
 65.19     (c) The municipality or municipalities adopting the 
 65.20  organization resolution; 
 65.21     (d) The number of commissioners of the authority, not less 
 65.22  than five; the number to be appointed by the governing body of 
 65.23  each municipality; and the names and addresses of the first 
 65.24  board of commissioners; 
 65.25     (e) The city and county in which the registered office of 
 65.26  the authority is to be situated; 
 65.27     (f) That neither the state of Minnesota, the municipality 
 65.28  or municipalities, nor any other political subdivision is liable 
 65.29  for obligations of the authority; and 
 65.30     (g) Any other provision for regulating the business of the 
 65.31  authority determined by the governing body or bodies adopting 
 65.32  the resolution.  
 65.33     <b>[EFFECTIVE DATE.]</b> This section is effective December 31, 
 65.34  2003. 
 65.35     Sec. 55.  [398A.10] [METROPOLITAN REGIONAL RAIL AUTHORITIES 
 65.36  ABOLISHED.] 
 66.1      Subdivision 1.  [AUTHORITIES ABOLISHED.] Regional rail 
 66.2   authorities established under section 398A.03 in the counties of 
 66.3   Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington 
 66.4   are abolished.  All property of an abolished regional rail 
 66.5   authority is transferred to the county originally establishing 
 66.6   the authority. 
 66.7      Subd. 2.  [BONDS.] Bonds and other debt authorized by 
 66.8   section 398A.07 issued by a regional rail authority abolished 
 66.9   under subdivision 1 that are outstanding on the effective date 
 66.10  of this section must be paid and retired according to that 
 66.11  section and the terms of the bonds or other debt instruments.  
 66.12  Any property tax revenues required to fulfill bond obligations 
 66.13  under section 398A.07 and under this subdivision shall be levied 
 66.14  annually by the county auditor of the county in which the 
 66.15  authority was located, as provided under section 475.61, 
 66.16  subdivision 2. 
 66.17     <b>[EFFECTIVE DATE.]</b> This section is effective December 31, 
 66.18  2003. 
 66.19     Sec. 56.  [414.038] [EFFECT OF ANNEXATION OF TOWNSHIP 
 66.20  ROADS.] 
 66.21     Whenever a municipality annexes property abutting one side 
 66.22  of a township road, the segment of road abutting the annexed 
 66.23  property must be treated as a line road and is subject to 
 66.24  section 164.14.  Whenever a municipality annexes the property on 
 66.25  both sides of a township road, that portion of road abutting the 
 66.26  annexed property ceases to be a town road and becomes the 
 66.27  obligation of the annexing municipality.  This section does not 
 66.28  prohibit the annexing municipality from contracting with the 
 66.29  township for continued maintenance of the road.  Any portion of 
 66.30  a township road that ceases to be a township road pursuant to 
 66.31  this section may still be counted as a township road for the 
 66.32  road-and-bridge account revenues for the year in which the 
 66.33  annexation occurs. 
 66.34     Sec. 57.  [414.039] [EFFECT OF ANNEXATION ON EASEMENTS.] 
 66.35     If a municipality annexes property in which the affected 
 66.36  township holds any easement for the benefit of the public, the 
 67.1   township's easement interest continues unless otherwise agreed 
 67.2   to by the township.  
 67.3      Sec. 58.  Minnesota Statutes 2002, section 471.345, 
 67.4   subdivision 14, is amended to read: 
 67.5      Subd. 14.  [DAMAGE AWARDS.] In any action brought 
 67.6   challenging the validity of a municipal contract under this 
 67.7   section, the court shall not award~~,~~ damages as any part of its 
 67.8   judgment, ~~damages, or attorney's fees,~~ but may award an 
 67.9   unsuccessful bidder the costs of preparing an unsuccessful bid.  
 67.10  If the court finds that the municipality has engaged in unlawful 
 67.11  bidding practices and invalidates the award of the bid, the 
 67.12  court may award reasonable attorney fees and costs to the 
 67.13  protester.  If the court finds that the municipality did not 
 67.14  violate the law, and the award is not invalidated, the court may 
 67.15  award reasonable attorney fees and costs to the municipality if 
 67.16  the court makes the further finding that the protest was without 
 67.17  substantial justification such that it did not have a reasonable 
 67.18  basis in law and fact, based on the totality of the 
 67.19  circumstances before and after the action. 
 67.20     Sec. 59.  Minnesota Statutes 2002, section 473.399, 
 67.21  subdivision 1, is amended to read: 
 67.22     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) The council 
 67.23  shall adopt a plan to ensure that light rail transit facilities 
 67.24  in the metropolitan area will be acquired, developed, owned, and 
 67.25  capable of operation in an efficient, cost-effective, and 
 67.26  coordinated manner in coordination with buses and other 
 67.27  transportation modes and facilities.  The plan may be developed 
 67.28  and adopted in phases corresponding to phasing of construction 
 67.29  of light rail.  ~~The council may incorporate into its plan~~ 
 67.30  ~~appropriate elements of the plans of regional railroad~~ 
 67.31  ~~authorities in order to avoid duplication of effort.~~ 
 67.32     (b) The light rail transit plan or first phase of the plan 
 67.33  required by this section must be adopted by the council before 
 67.34  the commissioner of transportation may begin construction of 
 67.35  light rail transit facilities.  Following adoption of the plan, 
 67.36  the county and the commissioner of transportation shall act in 
 68.1   conformity with the plan.  The commissioner shall prepare or 
 68.2   amend the final design plans as necessary to make the plans 
 68.3   consistent with the light rail transit plan. 
 68.4      (c) Throughout the development and implementation of the 
 68.5   plan, the council shall contract for or otherwise obtain 
 68.6   engineering services to assure that the plan adequately 
 68.7   addresses the technical aspects of light rail transit. 
 68.8      <b>[EFFECTIVE DATE.]</b> This section is effective December 31, 
 68.9   2003. 
 68.10     Sec. 60.  Minnesota Statutes 2002, section 473.3994, 
 68.11  subdivision 2, is amended to read: 
 68.12     Subd. 2.  [PRELIMINARY DESIGN PLANS; PUBLIC HEARING.] 
 68.13  Before final design plans are prepared for a light rail transit 
 68.14  facility, the commissioner of transportation ~~and the regional~~ 
 68.15  ~~railroad authority or authorities in whose jurisdiction the line~~ 
 68.16  ~~or lines are located~~ and the county board must hold a public 
 68.17  hearing on the physical design component of the preliminary 
 68.18  design plans.  The commissioner of transportation ~~and the~~ 
 68.19  ~~regional railroad authority or authorities in whose jurisdiction~~ 
 68.20  ~~the line or lines are located~~ must provide appropriate public 
 68.21  notice of the hearing and publicity to ensure that affected 
 68.22  parties have an opportunity to present their views at the 
 68.23  hearing.  The commissioner shall summarize the proceedings and 
 68.24  testimony and maintain the record of a hearing held under this 
 68.25  section, including any written statements submitted. 
 68.26     <b>[EFFECTIVE DATE.]</b> This section is effective December 31, 
 68.27  2003. 
 68.28     Sec. 61.  Minnesota Statutes 2002, section 473.3997, is 
 68.29  amended to read: 
 68.30     473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.] 
 68.31     (a) Upon completion of the alternatives analysis and draft 
 68.32  environmental impact statement for the central corridor transit 
 68.33  improvement project, the council, the commissioner of 
 68.34  transportation~~,~~ and the ~~affected regional rail authorities~~ 
 68.35  county board may prepare a joint application for federal 
 68.36  assistance for light rail transit facilities in the metropolitan 
 69.1   area.  The application must be reviewed and approved by the 
 69.2   metropolitan council before it is submitted by the council and 
 69.3   the commissioner.  In reviewing the application the council must 
 69.4   consider the information submitted to it under section 473.3994, 
 69.5   subdivision 9.  
 69.6      (b) Until the application described in paragraph (a) is 
 69.7   submitted, no political subdivision in the metropolitan area may 
 69.8   on its own apply for federal assistance for light rail transit 
 69.9   planning or construction. 
 69.10     <b>[EFFECTIVE DATE.]</b> This section is effective December 31, 
 69.11  2003. 
 69.12     Sec. 62.  Minnesota Statutes 2002, section 473.446, 
 69.13  subdivision 1, is amended to read: 
 69.14     Subdivision 1.  [METROPOLITAN AREA TRANSIT TAX.] (a) For 
 69.15  the purposes of sections 473.405 to 473.449 and the metropolitan 
 69.16  transit system, except as otherwise provided in this 
 69.17  subdivision, the council shall levy each year upon all taxable 
 69.18  property within the metropolitan area, defined in section 
 69.19  473.121, subdivision 2, a transit tax consisting of: 
 69.20     (1) an amount necessary to provide full and timely payment 
 69.21  of certificates of indebtedness, bonds, including refunding 
 69.22  bonds or other obligations issued or to be issued under section 
 69.23  473.39 by the council for purposes of acquisition and betterment 
 69.24  of property and other improvements of a capital nature and to 
 69.25  which the council has specifically pledged tax levies under this 
 69.26  clause; and 
 69.27     (2) an additional amount necessary to provide full and 
 69.28  timely payment of certificates of indebtedness issued by the 
 69.29  council, after consultation with the commissioner of finance, if 
 69.30  revenues to the metropolitan area transit fund in the fiscal 
 69.31  year in which the indebtedness is issued increase over those 
 69.32  revenues in the previous fiscal year by a percentage less than 
 69.33  the percentage increase for the same period in the revised 
 69.34  Consumer Price Index for all urban consumers for the St. 
 69.35  Paul-Minneapolis metropolitan area prepared by the United States 
 69.36  Department of Labor.  The authority to levy a tax under this 
 70.1   clause applies only to certificates issued before July 1, 2003. 
 70.2      (b) Indebtedness to which property taxes have been pledged 
 70.3   under paragraph (a), clause (2), that is incurred in any fiscal 
 70.4   year may not exceed the amount necessary to make up the 
 70.5   difference between (1) the amount that the council received or 
 70.6   expects to receive in that fiscal year from the metropolitan 
 70.7   area transit fund and (2) the amount the council received from 
 70.8   that fund in the previous fiscal year multiplied by the 
 70.9   percentage increase for the same period in the revised Consumer 
 70.10  Price Index for all urban consumers for the St. Paul-Minneapolis 
 70.11  metropolitan area prepared by the United States Department of 
 70.12  Labor. 
 70.13     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 70.14     Sec. 63.  [473.92] [DEFINITIONS.] 
 70.15     Subdivision 1.  [APPLICABILITY.] The terms in sections 
 70.16  473.92 to 473.94 have the meanings given them in this section. 
 70.17     Subd. 2.  [CAPITAL IMPROVEMENT PROJECT.] "Capital 
 70.18  improvement project" means any of the following types of 
 70.19  projects for which the council has authority under law to 
 70.20  acquire easements by eminent domain:  construction, expansion, 
 70.21  or improvement of public transit facilities, including exclusive 
 70.22  transit ways, park-and-ride facilities, passenger hubs, and 
 70.23  vehicle maintenance facilities.  
 70.24     Subd. 3.  [FINAL LAYOUT.] (a) "Final layout" means 
 70.25  geometric layouts and supplemental drawings that show the 
 70.26  location, character, dimensions, access, property or 
 70.27  right-of-way limits, easements acquired, and explanatory 
 70.28  information about a capital improvement project. 
 70.29     (b) In the case of public transit facilities, final layout 
 70.30  includes any improvements to roadways, bridges, intersections, 
 70.31  and approaches that are an essential element of the project. 
 70.32     Subd. 4.  [CITY.] "City" means a home rule charter or 
 70.33  statutory city within the metropolitan area. 
 70.34     Subd. 5.  [GOVERNING BODY.] "Governing body" means the city 
 70.35  council of a city. 
 70.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 71.1   following final enactment and applies in the counties of Anoka, 
 71.2   Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
 71.3      Sec. 64.  [473.93] [APPROVAL OF FINAL LAYOUT.] 
 71.4      Subdivision 1.  [SUBMISSION OF FINAL LAYOUT.] Before 
 71.5   proceeding with the construction of a capital improvement 
 71.6   project lying within a city, the council shall submit to its 
 71.7   governing body a final layout of the project.  The final layout 
 71.8   must be submitted as part of a report containing any supporting 
 71.9   data that the council deems helpful to the governing body in 
 71.10  reviewing the final layout submitted.  The supporting data must 
 71.11  include a detailed description of all easements that the council 
 71.12  determines will be or may be taken by eminent domain. 
 71.13     Subd. 2.  [GOVERNING BODY ACTION.] (a) Within 15 days of 
 71.14  receiving a final layout from the council, the governing body 
 71.15  shall schedule a public hearing on the final layout.  The 
 71.16  governing body shall, within 60 days of receiving a final layout 
 71.17  from the council, conduct a public hearing at which the council 
 71.18  shall present the final layout for the project.  The governing 
 71.19  body shall give at least 30 days' notice of the public hearing. 
 71.20     (b) Within 90 days from the date of the public hearing, the 
 71.21  governing body shall approve or disapprove the final layout in 
 71.22  writing, as provided in clause (1), (2), or (3): 
 71.23     (1) if the governing body approves the final layout or does 
 71.24  not disapprove the final layout in writing within 90 days, in 
 71.25  which case the final layout is deemed to be approved, the 
 71.26  council may continue the project development; 
 71.27     (2) if the final construction plans for a project contain 
 71.28  significant changes in acquisition of easements from the final 
 71.29  layout approved by the governing body, the council shall 
 71.30  resubmit the portion of the final construction plans where 
 71.31  changes were made to the governing body.  The governing body 
 71.32  must approve or disapprove the changes, in writing, within 60 
 71.33  days from the date the council submits them; 
 71.34     (3) if the governing body disapproves the final layout, the 
 71.35  council may make modifications requested by the municipality, 
 71.36  decide not to proceed with the project, or refer the final 
 72.1   layout to an appeal board.  
 72.2      (c) The appeal board shall consist of one member appointed 
 72.3   by the chair of the council, one member appointed by the 
 72.4   governing body, and a third member agreed upon by both the 
 72.5   council chair and the governing body.  If the council chair and 
 72.6   the governing body cannot agree upon the third member, the chief 
 72.7   justice of the supreme court shall appoint a third member within 
 72.8   14 days of the request of the council to appoint the third 
 72.9   member. 
 72.10     Subd. 3.  [APPEAL BOARD.] Within 30 days after referral of 
 72.11  the final layout, the appeal board shall hold a hearing at which 
 72.12  the council and the governing body may present the case for or 
 72.13  against approval of the final layout referred.  Not later than 
 72.14  60 days after the hearing, the appeal board shall recommend 
 72.15  approval, approval with modifications, or disapproval of the 
 72.16  final layout, making additional recommendations consistent with 
 72.17  state and federal requirements as it considers appropriate.  It 
 72.18  shall submit a written report containing its findings and 
 72.19  recommendations to the council and the governing body. 
 72.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 72.21  following final enactment and applies in the counties of Anoka, 
 72.22  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
 72.23     Sec. 65.  [473.94] [COUNCIL ACTION.] 
 72.24     Subdivision 1.  [ACTION ON APPROVED FINAL LAYOUT.] If the 
 72.25  appeal board recommends approval of the final layout or does not 
 72.26  submit its findings or recommendations within 60 days of the 
 72.27  hearing, in which case the final layout is deemed approved, the 
 72.28  council may prepare substantially similar final construction 
 72.29  plans and proceed with the project.  If the final construction 
 72.30  plans contain significant changes in the acquisition of 
 72.31  easements from the final layout approved by the appeal board, 
 72.32  the council shall submit the portion of the final construction 
 72.33  plan that shows the changes to the governing body for its 
 72.34  approval or disapproval under section 473.93, subdivision 2. 
 72.35     Subd. 2.  [ACTION ON FINAL LAYOUT APPROVED WITH 
 72.36  CHANGES.] (a) If the appeal board approves the final layout with 
 73.1   modifications, the council may: 
 73.2      (1) prepare final construction plans including the 
 73.3   modifications, notify the governing body, and proceed with the 
 73.4   project; 
 73.5      (2) decide not to proceed with the project; or 
 73.6      (3) prepare a new final layout and resubmit it to the 
 73.7   governing body for approval or disapproval under section 473.93, 
 73.8   subdivision 2. 
 73.9      (b) If the final construction plans contain significant 
 73.10  changes in acquisition of easements from the final layout 
 73.11  approved by the appeal board or the governing body, the council 
 73.12  shall resubmit the portion of the final construction plans that 
 73.13  shows the changes to the governing body for its approval or 
 73.14  disapproval under section 473.93, subdivision 2. 
 73.15     Subd. 3.  [ACTION ON DISAPPROVED FINAL LAYOUT.] If the 
 73.16  appeal board disapproves the final layout, the council may: 
 73.17     (1) decide not to proceed with the project; or 
 73.18     (2) prepare a new final layout and submit it to the 
 73.19  governing body for approval or disapproval under section 473.93, 
 73.20  subdivision 2. 
 73.21     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 73.22  following final enactment and applies in the counties of Anoka, 
 73.23  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
 73.24     Sec. 66.  Laws 1999, chapter 238, article 1, section 2, 
 73.25  subdivision 2, is amended to read: 
 73.26  Subd. 2.  Aeronautics                 19,327,000     19,410,000
 73.27                Summary by Fund
 73.28  Airports            19,266,000     19,349,000
 73.29  General                 50,000         50,000
 73.30  Trunk Highway           11,000         11,000
 73.31  Except as otherwise provided, the 
 73.32  appropriations in this subdivision are 
 73.33  from the state airports fund. 
 73.34  The amounts that may be spent from this 
 73.35  appropriation for each activity are as 
 73.36  follows:  
 73.37  (a) Airport Development and Assistance 
 73.38        2000           2001
 74.1       13,948,000     13,948,000
 74.2   $12,846,000 the first year and 
 74.3   $12,846,000 the second year are for 
 74.4   navigational aids, construction grants, 
 74.5   and maintenance grants.  If the 
 74.6   appropriation for either year is 
 74.7   insufficient, the appropriation for the 
 74.8   other year is available for it. 
 74.9   These appropriations must be spent in 
 74.10  accordance with Minnesota Statutes, 
 74.11  section 360.305, subdivision 4. 
 74.12  Notwithstanding Minnesota Statutes, 
 74.13  section 16A.28, subdivision 6, funds 
 74.14  are available for five years after 
 74.15  appropriation. 
 74.16  (b) Aviation Support 
 74.17       5,247,000      5,329,000
 74.18  $65,000 the first year and $65,000 the 
 74.19  second year are for the civil air 
 74.20  patrol. 
 74.21  (c) Air Transportation Services 
 74.22         132,000        133,000 
 74.23                Summary by Fund
 74.24  Airports                 71,000         72,000
 74.25  General                  50,000         50,000
 74.26  Trunk Highway            11,000         11,000
 74.27     Sec. 67.  Laws 2000, chapter 433, section 4, is amended to 
 74.28  read: 
 74.29     Sec. 4.  [EFFECTIVE DATE.] 
 74.30     Sections 1 to 3 are effective the day following final 
 74.31  enactment ~~and are repealed June 1, 2003~~. 
 74.32     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 74.33  following final enactment. 
 74.34     Sec. 68.  Laws 2001, First Special Session chapter 8, 
 74.35  article 1, section 2, subdivision 2, is amended to read: 
 74.36  Subd. 2.  Aeronautics                 20,748,000     20,489,000
 74.37                Summary by Fund
 74.38  Airports            20,687,000     20,428,000
 74.39  General                 50,000         50,000
 74.40  Trunk Highway           11,000         11,000
 74.41  Except as otherwise provided, the 
 74.42  appropriations in this subdivision are 
 74.43  from the state airports fund. 
 75.1   The amounts that may be spent from this 
 75.2   appropriation for each activity are as 
 75.3   follows:  
 75.4   (a) Airport Development and Assistance 
 75.5       14,298,000     14,298,000
 75.6   These appropriations must be spent 
 75.7   according to Minnesota Statutes, 
 75.8   section 360.305, subdivision 4. 
 75.9   If the appropriation for either year is 
 75.10  insufficient, the appropriation for the 
 75.11  other year is available for it. 
 75.12  Notwithstanding Minnesota Statutes, 
 75.13  section 16A.28, subdivision 6, funds 
 75.14  are available for five years after 
 75.15  appropriation. 
 75.16  (b) Aviation Support 
 75.17       6,315,000      6,053,000
 75.18  $65,000 the first year and $65,000 the 
 75.19  second year are for the civil air 
 75.20  patrol. 
 75.21  $600,000 each year is for GPS 
 75.22  navigation systems.  Of this amount, 
 75.23  $250,000 each year adds to the agency's 
 75.24  budget base. 
 75.25  $400,000 the first year and $50,000 the 
 75.26  second year are for the development of 
 75.27  on-line aircraft registration 
 75.28  capabilities. 
 75.29  (c) Air Transportation Services 
 75.30         135,000        138,000 
 75.31                Summary by Fund
 75.32  Airports                 74,000         77,000
 75.33  General                  50,000         50,000
 75.34  Trunk Highway            11,000         11,000
 75.35  The commissioner shall take all 
 75.36  feasible actions to seek a waiver from 
 75.37  the appropriate federal authorities 
 75.38  that would allow the commissioner to 
 75.39  sell the airplane described in Laws 
 75.40  1997, chapter 159, article 1, section 
 75.41  2, subdivision 2, clause (c).  Any 
 75.42  proceeds from the sale of the airplane 
 75.43  must be deposited in the general fund. 
 75.44     Sec. 69.  [TRANSFER FROM LOAN FUND.] 
 75.45     The commissioner of finance shall transfer to the general 
 75.46  fund $8,200,000 of the money appropriated to the transportation 
 75.47  revolving loan fund under Laws 2000, chapter 479, article 1, 
 75.48  section 6, subdivision 2.  This transfer must be made at the 
 76.1   rate of $4,100,000 each year of the 2004-2005 biennium. 
 76.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 76.3      Sec. 70.  [FEDERAL FUNDS ALLOCATION.] 
 76.4      The transportation advisory board of the metropolitan 
 76.5   council must allocate federal congestion mitigation and air 
 76.6   quality funds each year so that at least one-half of those funds 
 76.7   are allocated to highway projects. 
 76.8      Sec. 71.  [STUDY.] 
 76.9      The commissioner of transportation shall convene a panel 
 76.10  consisting of highway users, motor carriers, current suppliers 
 76.11  of goods and services to or for highway rest areas, and other 
 76.12  persons directly affected by the department of transportation's 
 76.13  highway rest area program.  The panel shall consider: 
 76.14     (1) financing and partnership opportunities at highway rest 
 76.15  areas; 
 76.16     (2) impact of changes in rest area operations on the blind 
 76.17  and on low-income senior citizens; and 
 76.18     (3) impact of those changes on the safety of the traveling 
 76.19  public and on motor carriers.  The panel shall also evaluate the 
 76.20  impact of these changes on the supply of parking for commercial 
 76.21  vehicles and make recommendations on ways to preserve needed 
 76.22  spaces and meet further demand. 
 76.23     By January 15, 2004, the commissioner shall report to the 
 76.24  legislative committees having jurisdiction over transportation 
 76.25  policy and finance on the findings and recommendations of the 
 76.26  panel. 
 76.27     Sec. 72.  [REPORT.] 
 76.28     The commissioner shall, to the maximum feasible extent, 
 76.29  enter into lease agreements under section 160.28, subdivision 
 76.30  3.  By January 15, 2005, the commissioner shall report to the 
 76.31  legislative committees having jurisdiction over transportation 
 76.32  policy and finance on existing lease agreements, revenues 
 76.33  collected and projected, and the impact of the lease agreements 
 76.34  and revenues on the highway rest area program. 
 76.35     Sec. 73.  [RESTORATION OF STATE AIRPORTS FUND CASH 
 76.36  BALANCE.] 
 77.1      Any money transferred from the state airports fund to the 
 77.2   general fund during the fiscal year ending June 30, 2003, must 
 77.3   be restored to the state airports fund by law effective July 1, 
 77.4   2007.  
 77.5      Sec. 74.  [TRANSITION.] 
 77.6      Subdivision 1.  [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] 
 77.7   The commissioner of the bureau of mediation services shall 
 77.8   assign the job classifications and positions of employees 
 77.9   working as public safety radio communications operators to state 
 77.10  employee bargaining unit 17. 
 77.11     Subd. 2.  [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms 
 77.12  and conditions of the collective bargaining agreement, memoranda 
 77.13  of understanding, or other salary and benefit provisions 
 77.14  covering public safety radio communications operators 
 77.15  immediately before the effective date of this section remain in 
 77.16  effect until a successor agreement between the commissioner of 
 77.17  employee relations and the exclusive representative of 
 77.18  bargaining unit 17 becomes effective, subject to Minnesota 
 77.19  Statutes, section 179A.20, subdivision 6. 
 77.20     Subd. 3.  [EXCLUSIVE REPRESENTATIVE.] The employee 
 77.21  organization that is the exclusive representative of employees 
 77.22  assigned to bargaining unit 17 on the day before the effective 
 77.23  date of this section must be certified by the commissioner of 
 77.24  the bureau of mediation services as the exclusive representative 
 77.25  of newly created bargaining unit 17, subject to future changes 
 77.26  as provided in Minnesota Statutes, section 179A.12.  For 
 77.27  employees assigned to bargaining unit 17, the exclusive 
 77.28  representative retains all rights and obligations under the 
 77.29  contract governing these employees immediately before the 
 77.30  effective date of this section, so long as that contract 
 77.31  continues to apply to those employees. 
 77.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003.  
 77.33     Sec. 75.  [BUS RAPID TRANSIT STUDY.] 
 77.34     Subdivision 1.  [STUDY REQUIRED.] The department of 
 77.35  transportation shall conduct a study on the feasibility of 
 77.36  implementing a bus rapid transit (BRT) system in the I-35W 
 78.1   corridor from downtown Minneapolis through south Minneapolis and 
 78.2   the cities of Richfield, Bloomington, Burnsville, and 
 78.3   Lakeville.  Bus rapid transit systems are those systems that 
 78.4   provide for significantly faster operating bus speeds, 
 78.5   integrated service, greater service reliability, and increased 
 78.6   convenience through investments in bus infrastructure, 
 78.7   equipment, technology, and operational improvements.  
 78.8      Subd. 2.  [STUDY REQUIREMENTS.] The study must, at a 
 78.9   minimum, include an analysis of the benefits and costs of 
 78.10  implementing a bus rapid transit system that includes the 
 78.11  following: 
 78.12     (1) frequent operation of buses on exclusive or 
 78.13  near-exclusive right-of-way on marked interstate highway 35W; 
 78.14     (2) changes in bus or platform design and fare collection 
 78.15  that provide for faster convenient boarding; 
 78.16     (3) station locations that are adjacent to, or easily 
 78.17  accessible from, the exclusive right-of-way; 
 78.18     (4) traffic management improvements and traffic signal 
 78.19  preemption on local streets within the I-35W corridor; and 
 78.20     (5) changes to existing transit services to provide for 
 78.21  timely connections and transfers.  
 78.22     Subd. 3.  [STUDY RECOMMENDATIONS.] The study must recommend:
 78.23     (1) options for implementing bus rapid transit in the I-35W 
 78.24  corridor; 
 78.25     (2) the associated cost of each option; and 
 78.26     (3) the anticipated benefits in terms of reduced travel 
 78.27  times, increased ridership, increased mobility, and impacts on 
 78.28  congestion levels within the corridor.  
 78.29     The study must be submitted by December 10, 2004, to the 
 78.30  house of representatives and senate committees with jurisdiction 
 78.31  over transportation policy and finance.  
 78.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003.  
 78.33     Sec. 76.  [TRANSIT CENTER IN BROOKLYN CENTER.] 
 78.34     The metropolitan council must construct and maintain a 
 78.35  transit center in Brooklyn Center to service the area.  The 
 78.36  center must include adequate bathroom facilities, must be 
 79.1   climate controlled, and must be off the street.  The center must 
 79.2   be located north of Bass Lake Road, east of Shingle Creek 
 79.3   Parkway, and west of marked trunk highway 100 and must be 
 79.4   completed and operational by June 1, 2004. 
 79.5      Sec. 77.  [STUDY; USE OF CENTERLINE RUMBLE STRIPS.] 
 79.6      The commissioner of transportation shall study the 
 79.7   feasibility and practicability of: 
 79.8      (1) including milled-in rumble strips on the centerline of 
 79.9   the highway in all projects for the construction, 
 79.10  reconstruction, or resurfacing of two-lane trunk highways; and 
 79.11     (2) requiring that all projects for the construction, 
 79.12  reconstruction, or resurfacing of two-lane county state-aid 
 79.13  highways include milled-in rumble strips on the centerline of 
 79.14  the highway. 
 79.15     Sec. 78.  [SOUTHWEST CORRIDOR RAIL TRANSIT; PROHIBITIONS.] 
 79.16     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 79.17  "southwest transit way corridor" means the southwest transit way 
 79.18  corridor between Minneapolis and Eden Prairie as identified by 
 79.19  the Hennepin county regional rail authority in its southwest 
 79.20  corridor rail transit study. 
 79.21     Subd. 2.  [PROHIBITIONS.] Neither the commissioner of 
 79.22  transportation, the metropolitan council, nor the Hennepin 
 79.23  county regional rail authority may take any action or spend any 
 79.24  money for preliminary engineering, final design, or construction 
 79.25  for light rail or commuter rail transit in the southwest transit 
 79.26  way corridor. 
 79.27     Sec. 79.  [MUNICIPAL CONSENT LAW AND CROSSTOWN HIGHWAY 
 79.28  PROJECT.] 
 79.29     For purposes of obtaining municipal approval under 
 79.30  Minnesota Statutes, sections 161.162 to 161.167, the entire 
 79.31  marked interstate highway 35W/marked trunk highway 62 
 79.32  interchange improvement project is deemed to be entirely within 
 79.33  the interstate highway system.  On marked interstate highway 
 79.34  35W, the project limits are from 66th Street in the city of 
 79.35  Richfield to 42nd Street in the city of Minneapolis.  On marked 
 79.36  trunk highway 62, the project limits are from the first 
 80.1   interchange west of the commons area at Penn Avenue to the first 
 80.2   interchange east of the commons section at Portland Avenue.  
 80.3      Sec. 80.  [PLANTING REQUIREMENTS; RESTRICTIONS.] 
 80.4      (a) No state agency or soil and water conservation district 
 80.5   may require the planting of native grass seeds or native 
 80.6   wildflowers as a condition for the issuance of a permit to any 
 80.7   local governmental unit. 
 80.8      (b) Paragraph (a) does not apply to grasses or flowers 
 80.9   planted within replacement wetland acres. 
 80.10     Sec. 81.  [TRANSFERS.] 
 80.11     (a) The commissioner of finance shall transfer $155,000 
 80.12  from the remaining balance in the alcohol-impaired driver 
 80.13  education account in the special revenue fund to the general 
 80.14  fund. 
 80.15     (b) The commissioner of finance shall transfer $785,000 
 80.16  from the remaining balance in the greater Minnesota transit fund 
 80.17  to the general fund. 
 80.18     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 80.19     Sec. 82.  [HUBBARD MARKETPLACE TRANSIT HUB; TOILET 
 80.20  FACILITIES.] 
 80.21     The metropolitan council may not deny bus riders using the 
 80.22  Hubbard Marketplace transit hub facility in Robbinsdale the 
 80.23  right to use toilet facilities in the hub. 
 80.24     Sec. 83.  [COMMISSIONER OF TRANSPORTATION; HIGH-OCCUPANCY 
 80.25  VEHICLE LANES.] 
 80.26     The commissioner of transportation shall by order permit 
 80.27  the use and determine the fee to be charged for use, in freeway 
 80.28  lanes within the metropolitan area that on the effective date of 
 80.29  this act were reserved exclusively for high-occupancy vehicles, 
 80.30  of the following vehicles without regard to the number of 
 80.31  occupants: 
 80.32     (1) taxis licensed by a political subdivision; 
 80.33     (2) limousines bearing license plates issued under 
 80.34  Minnesota Statutes, section 168.128; 
 80.35     (3) buses outwardly equipped and readily identifiable as 
 80.36  school buses or Head Start buses; 
 81.1      (4) passenger vehicles with a capacity of ten or more 
 81.2   persons including the driver; 
 81.3      (5) any other passenger vehicles operated by motor carriers 
 81.4   of passengers as defined in Minnesota Statutes, section 221.011, 
 81.5   subdivision 48; and 
 81.6      (6) motor vehicles certified by the department of 
 81.7   transportation as special transportation service vehicles. 
 81.8      Sec. 84.  [REQUEST FOR PROPOSALS.] 
 81.9      Notwithstanding Minnesota Statutes, section 473.4051, the 
 81.10  metropolitan council must prepare a request for proposals to 
 81.11  operate the Hiawatha light rail transit line.  The request must 
 81.12  invite proposals from vendors from within and outside of 
 81.13  Minnesota, including from its own metropolitan transit 
 81.14  operations division.  The metropolitan council must consult with 
 81.15  the departments of administration and transportation, as 
 81.16  appropriate, in preparing the request.  The department of 
 81.17  administration must evaluate the proposals received in a report 
 81.18  to the council.  
 81.19     Sec. 85.  [TIMETABLE; DECISION.] 
 81.20     The council must issue the request prepared under section 
 81.21  84 by July 1, 2003, which must remain open until August 1, 2003. 
 81.22  By September 1, 2003, the commissioner must select a vendor to 
 81.23  operate the line.  The council's selection decision must take 
 81.24  into account the department of administration's evaluations. 
 81.25     Sec. 86.  [APPLICABILITY.] 
 81.26     Sections 1, 36, 43, 54, 55, 59, 60, and 61 apply in the 
 81.27  counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
 81.28  Washington. 
 81.29     Sec. 87.  [REPEALER.] 
 81.30     (a) Minnesota Statutes 2002, section 16A.88, subdivision 3, 
 81.31  is repealed. 
 81.32     (b) Minnesota Statutes 2002, section 169.794, is repealed. 
 81.33     (c) Minnesota Statutes 2002, section 169.799, is repealed. 
 81.34     (d) Minnesota Statutes 2002, section 174.242, is repealed. 
 81.35     (e) Minnesota Rules, part 7403.1300, is repealed. 
 81.36     (f) Minnesota Rules, part 7413.0400, is repealed. 
 82.1      (g) Minnesota Rules, part 7413.0500, is repealed. 
 82.2      Sec. 88.  [EFFECTIVE DATE.] 
 82.3      This article is effective the day following final 
 82.4   enactment, unless otherwise specified. 
 82.5                              ARTICLE 3 
 82.6                        TRUNK HIGHWAY BONDING 
 82.7      Section 1.  [HIGHWAY AND TRANSIT APPROPRIATIONS.] 
 82.8      Subdivision 1.  [TRUNK HIGHWAY PROJECTS FINANCED BY STATE 
 82.9   BONDS.] (a) $550,000,000 is appropriated from the bond proceeds 
 82.10  account in the trunk highway fund to the commissioner of 
 82.11  transportation for trunk highway improvements.  This 
 82.12  appropriation is for: 
 82.13     (1) trunk highway improvements within the seven-county 
 82.14  metropolitan area primarily for improving traffic flow and 
 82.15  expanding highway capacity by eliminating traffic bottlenecks 
 82.16  and improving segments of at-risk interregional corridors within 
 82.17  the seven-county area; and 
 82.18     (2) trunk highway improvements on at-risk interregional 
 82.19  corridors located outside the seven-county metropolitan area. 
 82.20  These appropriations include the cost of actual payment to 
 82.21  landowners for lands acquired for highway right-of-way, payment 
 82.22  to lessees, interest subsidies, and relocation expenses.  Within 
 82.23  each category in clauses (1) and (2), the commissioner shall 
 82.24  spend not less than $25,000,000 on highway safety and capacity 
 82.25  improvement projects including but not limited to the addition 
 82.26  of lanes on trunk highway corridors with known safety problems.  
 82.27     (b) The commissioner of transportation may use up to 
 82.28  $93,500,000 of this appropriation for program delivery. 
 82.29     (c) The commissioner shall use $50,000,000 of this 
 82.30  appropriation for accelerating transit capital improvements on 
 82.31  trunk highways such as shoulder bus lanes, bus park-and-ride 
 82.32  facilities, and ramp meter-bypass facilities. 
 82.33     Subd. 2.  [REPORT.] The commissioner shall report to the 
 82.34  committees having jurisdiction over transportation finance in 
 82.35  the house of representatives and senate, no later than January 
 82.36  15, 2004, on projects selected to be funded by this 
 83.1   appropriation.  The report must include the geographic 
 83.2   distribution of the selected projects and their adherence to the 
 83.3   criteria listed in subdivision 1. 
 83.4      Subd. 3.  [PROHIBITION.] The commissioner shall not award a 
 83.5   construction contract with the proceeds from this section until 
 83.6   30 days after the submission of the report required in 
 83.7   subdivision 2. 
 83.8      Subd. 4.  [BOND SALE EXPENSES.] $550,000 is appropriated 
 83.9   from the bond proceeds account in the trunk highway fund to the 
 83.10  commissioner of finance for bond sale expenses under Minnesota 
 83.11  Statutes, section 16A.641, subdivision 8.  
 83.12     Subd. 5.  [ANTILAPSE.] Notwithstanding other law to the 
 83.13  contrary, the appropriations in this section do not cancel until 
 83.14  February 1, 2009. 
 83.15     Sec. 2.  [BOND SALE.] 
 83.16     To provide the money appropriated in section 1, 
 83.17  subdivisions 1 and 4, from the bond proceeds account in the 
 83.18  trunk highway fund, the commissioner of finance shall sell and 
 83.19  issue bonds of the state in an amount up to $550,550,000 in the 
 83.20  manner, on the terms, and with the effect prescribed by 
 83.21  Minnesota Statutes, sections 167.50 to 167.52, and by the 
 83.22  Minnesota Constitution, article XIV, section 11, at the times 
 83.23  and in the amounts requested by the commissioner of 
 83.24  transportation.  The proceeds of the bonds, except accrued 
 83.25  interest and any premium received from the sale of the bonds, 
 83.26  must be deposited in the bond proceeds account in the trunk 
 83.27  highway fund. 
 83.28     Sec. 3.  [ADVANCE CONSTRUCTION.] 
 83.29     (a) Through June 30, 2009, the commissioner of 
 83.30  transportation may spend up to $550,000,000 on trunk highway 
 83.31  improvements from funds approved for expenditure by the Federal 
 83.32  Highway Administration and designated as advance construction 
 83.33  funds. 
 83.34     (b) Any additional advance construction expenditures by the 
 83.35  commissioner approved by the Federal Highway Administration 
 83.36  through June 30, 2009, may be added to the amount in paragraph 
 84.1   (a). 
 84.2      Sec. 4.  [GREATER MINNESOTA TRANSIT.] 
 84.3      The commissioner of transportation may spend up to 
 84.4   $5,000,000 through June 30, 2008, in federal transit funds for 
 84.5   capital assistance to public transit systems under Minnesota 
 84.6   Statutes, section 174.24.  This amount is in addition to any 
 84.7   appropriations made by law for this purpose. 
 84.8      Sec. 5.  [REPORT.] 
 84.9      The commissioner shall report by January 15 of each year of 
 84.10  the 2004-2005 biennium to the chairs of the legislative 
 84.11  committees with jurisdiction over transportation policy and 
 84.12  finance on (1) how the department is spending the appropriations 
 84.13  in this article for trunk highway improvements, and (2) the 
 84.14  department's plans to implement trunk highway improvements 
 84.15  funded under this article with current department staffing, and 
 84.16  an analysis of the need for additional staffing and consultant 
 84.17  services. 
 84.18     Sec. 6.  [EFFECTIVE DATE.] 
 84.19     Sections 1 to 4 are effective the day following final 
 84.20  enactment. 
 84.21                             ARTICLE 4 
 84.22                        DRIVER'S LICENSE LAW 
 84.23     Section 1.  [171.025] [PROOF OF IDENTITY AND RESIDENCY.] 
 84.24     Subdivision 1.  [IN GENERAL.] (a) At the time of 
 84.25  application for a driver's license, permit, or identification 
 84.26  card, the applicant shall present a Minnesota driver's license, 
 84.27  permit, or Minnesota identification card if one of these has 
 84.28  been issued to the applicant. 
 84.29     (b) The Minnesota driver's license, identification card, or 
 84.30  permit must not have expired more than: 
 84.31     (1) five years before it is presented if it has a color 
 84.32  photograph or electronically produced or digitized image of the 
 84.33  applicant; or 
 84.34     (2) one year before it is presented if it does not have a 
 84.35  color photograph or electronically produced or digitized image 
 84.36  of the applicant.  A temporary seven-day driver's license issued 
 85.1   to a Minnesota-licensed driver only by the state of Minnesota 
 85.2   under section 169A.52, subdivision 7, paragraph (c), clause (2), 
 85.3   may be presented if it is not expired more than one year. 
 85.4      (c) As proof of full name, date of birth, and identity, the 
 85.5   applicant must present one primary document and one secondary 
 85.6   document as defined in Minnesota Rules, part 7410.0400, subparts 
 85.7   2 and 3, or successor rules, if the applicant cannot present: 
 85.8      (1) a Minnesota driver's license, identification card, or 
 85.9   permit that is current or has expired for five years or less 
 85.10  with a color photograph or electronically produced or digitized 
 85.11  image; or 
 85.12     (2) a Minnesota driver's license, identification card, or 
 85.13  permit that is current or has been expired for one year or less 
 85.14  without a color photograph or electronically produced or 
 85.15  digitized image. 
 85.16     Subd. 2.  [RESIDENCE ADDRESS ON LICENSE, PERMIT, OR 
 85.17  IDENTIFICATION CARD.] (a) The department shall issue a Minnesota 
 85.18  driver's license, permit, or identification card only to an 
 85.19  individual who has a residence address in the state at the time 
 85.20  of application, by showing a residence number, street name, 
 85.21  street type, directional if any, city, state, and zip code. 
 85.22     (b) The applicant shall indicate on the application form 
 85.23  for a Minnesota driver's license, identification card, or 
 85.24  permit, the applicant's residence address in the state. 
 85.25     Sec. 2.  [171.028] [DOCUMENTING RESIDENCY; RULES AND 
 85.26  REGULATIONS.] 
 85.27     Subdivision 1.  [PERMANENT STATE RULES.] (a) Adopted exempt 
 85.28  Minnesota Rules, part 7410.0400, subparts 2 and 3, as published 
 85.29  in the State Register on July 8, 2002, become permanent on the 
 85.30  day following final enactment of this section.  These rules may 
 85.31  subsequently be amended by the commissioner under chapter 14, to 
 85.32  administer the provisions of this chapter. 
 85.33     (b)  The documents specified in Minnesota Rules, part 
 85.34  7410.0400, subparts 2 and 3, or successor rules, are subject to 
 85.35  the variance procedures and criteria in Minnesota Rules, part 
 85.36  7410.0600, or successor rules. 
 86.1      Subd. 2.  [INCORPORATION OF FEDERAL REGULATIONS.] As 
 86.2   authorized by Public Law 107-296, rules relating to identity and 
 86.3   residency documentation standards adopted in Code of Federal 
 86.4   Regulations by the United States Department of Homeland Security 
 86.5   may be incorporated by reference by the commissioner.  These 
 86.6   rules may be subsequently amended by the commissioner under 
 86.7   chapter 14 to administer the provisions of this chapter. 
 86.8      Subd. 3.  [NON-ENGLISH DOCUMENTS; TRANSLATION.] All 
 86.9   documents submitted to the department in a language other than 
 86.10  English must be accompanied by a translation of that document 
 86.11  into the English language. 
 86.12     Subd. 4.  [PROOF OF RESIDENCY REQUIRED AT TIME OF 
 86.13  APPLICATION.] Proof of residency in the United States is 
 86.14  required at the time of application for an initial permit, 
 86.15  driver's license, or identification card.  The applicant must 
 86.16  attest to a residence address in Minnesota and demonstrate proof 
 86.17  of either lawful short-term admission to the United States, 
 86.18  permanent United States resident status, indefinite authorized 
 86.19  presence status, or United States citizenship. 
 86.20     Subd. 5.  [PROOF OF RESIDENCY AT RENEWAL.] (a) Proof of 
 86.21  residency is required at the time of application for renewal of 
 86.22  a driver's license, permit, or identification card.  
 86.23     (b) A person with permanent United States resident status, 
 86.24  indefinite authorized presence status, or United States 
 86.25  citizenship must attest to a residence address in Minnesota. 
 86.26     (c) A person with lawful short-term admission to the United 
 86.27  States must attest to a residence address in Minnesota and 
 86.28  provide proof of lawful short-term admission status to the 
 86.29  United States. 
 86.30     Subd. 6.  [DOCUMENTS NOT SUFFICIENT TO PROVE 
 86.31  RESIDENCY.] The presentation of a driver's license, permit, or 
 86.32  identification card from another jurisdiction or another United 
 86.33  States state is not acceptable as proof of permanent United 
 86.34  States resident status, indefinite authorized presence status, 
 86.35  lawful short-term admission to the United States, or United 
 86.36  States citizenship. 
 87.1      Subd. 7.  [DOCUMENTS SUFFICIENT TO PROVE RESIDENCY.] To 
 87.2   demonstrate permanent United States resident status, indefinite 
 87.3   authorized presence status, lawful short-term admission, or 
 87.4   United States citizenship, an applicant must attest to a 
 87.5   Minnesota residence address on the application form and present 
 87.6   a primary document specified in Minnesota Rules, part 7410.0400, 
 87.7   subpart 2, or successor rules. 
 87.8      Subd. 8.  [EVIDENCE REQUIRED WHEN NAME CHANGED.] If there 
 87.9   has been a change in the individual's legal full name as it 
 87.10  appears on the presented document specified in Minnesota Rules, 
 87.11  part 7410.0400, subpart 2, or successor rules, the individual 
 87.12  must also present evidence of a change of name as specified in 
 87.13  Minnesota Rules, part 7410.0500, or successor rules. 
 87.14     Subd. 9.  [LAWFUL SHORT-TERM ADMISSION STATUS.] (a) If the 
 87.15  lawful admission period indicated on the federal primary 
 87.16  document presented expires in 30 days or more from the date of 
 87.17  application for the state driver's license, permit, or 
 87.18  identification card, the department shall issue to the applicant 
 87.19  a driver's license, permit, or identification card with a status 
 87.20  check date that coincides with the lawful admission period on 
 87.21  the federal primary document presented.  
 87.22     (b) The department shall not issue a driver's license, 
 87.23  permit, or identification card if an individual has no lawful 
 87.24  admission status to the United States or if the lawful 
 87.25  short-term admission period expires in 30 days or less. 
 87.26     Subd. 10.  [STATUS CHECK DATE.] A status check date that 
 87.27  coincides with the federal lawful admission period indicated on 
 87.28  the federal primary document presented must be indicated on the 
 87.29  driver's license, permit, or identification card issued. 
 87.30     Subd. 11.  [REISSUANCE.] (a) The department shall reissue a 
 87.31  driver's license, permit, or identification card with a new 
 87.32  status check date if the applicant presents an employment 
 87.33  authorization card (I-688B, I-766 series) or notice of action 
 87.34  (I-797A series) issued by the United States Department of 
 87.35  Homeland Security to the commissioner to indicate extension of 
 87.36  the lawful admission period. 
 88.1      (b) If the applicant presents an accepted application from 
 88.2   the United States Department of Homeland Security for an 
 88.3   extension of or change in the federal lawful admission period, 
 88.4   the department shall reissue the driver's license, permit, or 
 88.5   identification card with a status check date extension of six 
 88.6   months from the date of the federal receipt for the extension or 
 88.7   change in order to provide a grace period while the application 
 88.8   for the extension is processed. 
 88.9      (c) The department shall reissue a driver's license, 
 88.10  permit, or identification card without a status check date if 
 88.11  (1) the applicant presents a subsequent federal document 
 88.12  indicating permanent United States resident status, indefinite 
 88.13  authorized presence status, or United States citizenship, and 
 88.14  (2) the applicant pays the duplicate fee as specified in section 
 88.15  171.06. 
 88.16     Sec. 3.  Minnesota Statutes 2002, section 171.06, 
 88.17  subdivision 3, is amended to read: 
 88.18     Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 
 88.19  An application must: 
 88.20     (1) state the full name, date of birth, sex, and residence 
 88.21  address of the applicant; 
 88.22     (2) as may be required by the commissioner, contain a 
 88.23  description of the applicant, which consists of the applicant's 
 88.24  height in feet and inches, weight in pounds, and eye color, and 
 88.25  any other facts pertaining to the applicant, the applicant's 
 88.26  driving privileges, and the applicant's ability to operate a 
 88.27  motor vehicle with safety; 
 88.28     (3) for a class C, class B, or class A driver's license, 
 88.29  state the applicant's social security number or, for a class D 
 88.30  driver's license, have a space for the applicant's social 
 88.31  security number and state that providing the number is optional, 
 88.32  or otherwise convey that the applicant is not required to enter 
 88.33  the social security number; 
 88.34     (4) contain a space where the applicant may indicate a 
 88.35  desire to make an anatomical gift according to paragraph (b); 
 88.36  and 
 89.1      (5) contain a notification to the applicant of the 
 89.2   availability of a living will/health care directive designation 
 89.3   on the license under section 171.07, subdivision 7.  
 89.4      (b) If the applicant does not indicate a desire to make an 
 89.5   anatomical gift when the application is made, the applicant must 
 89.6   be offered a donor document in accordance with section 171.07, 
 89.7   subdivision 5.  The application must contain statements 
 89.8   sufficient to comply with the requirements of the Uniform 
 89.9   Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 
 89.10  that execution of the application or donor document will make 
 89.11  the anatomical gift as provided in section 171.07, subdivision 
 89.12  5, for those indicating a desire to make an anatomical gift.  
 89.13  The application must be accompanied by information describing 
 89.14  Minnesota laws regarding anatomical gifts and the need for and 
 89.15  benefits of anatomical gifts, and the legal implications of 
 89.16  making an anatomical gift, including the law governing 
 89.17  revocation of anatomical gifts.  The commissioner shall 
 89.18  distribute a notice that must accompany all applications for and 
 89.19  renewals of a driver's license or Minnesota identification 
 89.20  card.  The notice must be prepared in conjunction with a 
 89.21  Minnesota organ procurement organization that is certified by 
 89.22  the federal Department of Health and Human Services and must 
 89.23  include: 
 89.24     (1) a statement that provides a fair and reasonable 
 89.25  description of the organ donation process, the care of the donor 
 89.26  body after death, and the importance of informing family members 
 89.27  of the donation decision; and 
 89.28     (2) a telephone number in a certified Minnesota organ 
 89.29  procurement organization that may be called with respect to 
 89.30  questions regarding anatomical gifts. 
 89.31     (c) The application must be accompanied also by information 
 89.32  containing relevant facts relating to:  
 89.33     (1) the effect of alcohol on driving ability; 
 89.34     (2) the effect of mixing alcohol with drugs; 
 89.35     (3) the laws of Minnesota relating to operation of a motor 
 89.36  vehicle while under the influence of alcohol or a controlled 
 90.1   substance; and 
 90.2      (4) the levels of alcohol-related fatalities and accidents 
 90.3   in Minnesota and of arrests for alcohol-related violations. 
 90.4      Sec. 4.  Minnesota Statutes 2002, section 171.07, 
 90.5   subdivision 1, is amended to read: 
 90.6      Subdivision 1.  [LICENSE; CONTENTS.] (a) Upon the payment 
 90.7   of the required fee, the department shall issue to every 
 90.8   qualifying applicant a license designating the type or class of 
 90.9   vehicles the applicant is authorized to drive as applied for.  
 90.10  This license must bear a distinguishing number assigned to the 
 90.11  licensee~~,~~; the full name, date of birth, residence address and 
 90.12  permanent mailing address if different~~,~~; a description of the 
 90.13  licensee in a manner as the commissioner deems necessary, which 
 90.14  consists of the applicant's height in feet and inches, weight in 
 90.15  pounds, eye color, and sex; and the usual signature of the 
 90.16  licensee.  No license is valid unless it bears the usual 
 90.17  signature of the licensee.  Every license must bear a colored 
 90.18  photograph or an electronically produced image of the licensee. 
 90.19     (b) Every license issued to an applicant under the age of 
 90.20  21 must be of a distinguishing color and plainly marked 
 90.21  "Under-21." 
 90.22     (c) The department shall use processes in issuing a license 
 90.23  that prohibit, as nearly as possible, the ability to alter or 
 90.24  reproduce a license, or prohibit the ability to superimpose a 
 90.25  photograph or electronically produced image on a license, 
 90.26  without ready detection. 
 90.27     (d) A license issued to an applicant age 65 or over must be 
 90.28  plainly marked "senior" if requested by the applicant. 
 90.29     Sec. 5.  Minnesota Statutes 2002, section 171.07, 
 90.30  subdivision 3, is amended to read: 
 90.31     Subd. 3.  [IDENTIFICATION CARD; FEE.] (a) Upon payment of 
 90.32  the required fee, the department shall issue to every qualifying 
 90.33  applicant a Minnesota identification card.  The department may 
 90.34  not issue a Minnesota identification card to a person who has a 
 90.35  driver's license, other than a limited license, from any 
 90.36  jurisdiction, or has an identification card from any 
 91.1   jurisdiction, unless and until the person's license or 
 91.2   identification card from any jurisdiction has been invalidated.  
 91.3   The card must bear a distinguishing number assigned to the 
 91.4   applicant; a colored photograph or an electronically produced 
 91.5   image of the applicant; the applicant's full name, date of 
 91.6   birth, and residence address; a description of the applicant in 
 91.7   the manner as the commissioner deems necessary, which consists 
 91.8   of the applicant's height in feet and inches, weight in pounds, 
 91.9   eye color, and sex; and the usual signature of the applicant. 
 91.10     (b) Each identification card issued to an applicant under 
 91.11  the age of 21 must be of a distinguishing color and plainly 
 91.12  marked "Under-21." 
 91.13     (c) Each Minnesota identification card must be plainly 
 91.14  marked "Minnesota identification card - not a driver's license." 
 91.15     (d) The fee for a Minnesota identification card is 50 cents 
 91.16  when issued to a person who is mentally retarded, as defined in 
 91.17  section 252A.02, subdivision 2; a physically disabled person, as 
 91.18  defined in section 169.345, subdivision 2; or, a person with 
 91.19  mental illness, as described in section 245.462, subdivision 20, 
 91.20  paragraph (c). 
 91.21     Sec. 6.  [171.075] [DRIVER'S IMAGE FOR LICENSE, PERMIT, OR 
 91.22  CARD.] 
 91.23     Subdivision 1.  [FULL FACE IMAGE.] The applicant for a 
 91.24  driver's license, permit, or identification card must have a 
 91.25  full face image taken by the department that is a representation 
 91.26  of the true appearance of the applicant.  The face of the 
 91.27  applicant must be uncovered and unobscured. 
 91.28     Subd. 2.  [USE OF PREVIOUS IMAGE.] The use of the previous 
 91.29  image on file with the department is limited to: 
 91.30     (1) duplicate drivers' licenses and identification cards; 
 91.31  and 
 91.32     (2) one renewal cycle for a person who applied to the 
 91.33  department and certifies that the person is out of the state at 
 91.34  the time the driver's license or identification card expires and 
 91.35  intends to return within four years. 
 91.36     Subd. 3.  [UPDATED IMAGE REQUIRED UPON RETURN.] Within 30 
 92.1   days after the return to Minnesota of an applicant whose 
 92.2   previous image was used in accordance with subdivision 2, clause 
 92.3   (2), the applicant shall appear at a driver's license renewal 
 92.4   office and shall allow an updated image to be taken.  The 
 92.5   applicant shall comply with the identity provisions of Minnesota 
 92.6   Rules, part 7410.0400, subparts 2 and 3, or successor rules. 
 92.7      Sec. 7.  Minnesota Statutes 2002, section 171.14, is 
 92.8   amended to read: 
 92.9      171.14 [CANCELLATION.] 
 92.10     Subdivision 1.  [AUTHORITY.] The commissioner ~~shall have~~ 
 92.11  ~~authority to~~ may cancel any driver's license or identification 
 92.12  card upon ~~determination~~ determining that the licensee or 
 92.13  cardholder: 
 92.14     (1) was not entitled to the issuance ~~thereof hereunder, or~~ 
 92.15  ~~that the licensee~~ of the license or identification card; 
 92.16     (2) failed to give the required or correct information in 
 92.17  the application~~, or~~; 
 92.18     (3) committed any fraud or deceit in making such 
 92.19  application~~.  The commissioner may also cancel the driver's~~ 
 92.20  ~~license of any person who,~~; or 
 92.21     (4) at the time of the cancellation, would not have been 
 92.22  entitled to receive a license under the provisions of ~~section~~ 
 92.23  ~~171.04~~ this chapter.  
 92.24     Subd. 2.  [CANCELLATION; DENIAL.] Pursuant to this section 
 92.25  and section 171.04, the commissioner shall cancel a driver's 
 92.26  license, permit, or identification card as follows, whichever 
 92.27  occurs first: 
 92.28     (1) on the status check date unless the state document 
 92.29  holder presents federal proof of extension of the lawful 
 92.30  admission period or a receipt from the United States Department 
 92.31  of Homeland Security for an application for an extension or 
 92.32  change in the lawful admission status; or 
 92.33     (2) when the department receives notice from the United 
 92.34  States Department of Homeland Security that the individual has 
 92.35  been deported. 
 92.36     Subd. 3.  [WARNING OF POSSIBLE CANCELLATION.] (a) If the 
 93.1   status check date is to expire in more than 60 days, a notice 
 93.2   warning the state document holder that the driver's license, 
 93.3   permit, or identification card will be canceled on the status 
 93.4   check date must be sent by first class mail to the document 
 93.5   holder's residence address on file with the department.  If 
 93.6   application is being made and the status check date would expire 
 93.7   in 60 days or less from the date of application, the department 
 93.8   shall directly issue to the applicant a general notice warning 
 93.9   of cancellation on the status check date and send a follow-up 
 93.10  notice as described in paragraphs (b) and (c). 
 93.11     (b) The notice must contain: 
 93.12     (1) the person's full name, date of birth, unique state 
 93.13  document number, and current address from the department record; 
 93.14  and 
 93.15     (2) the date the notice is mailed or directly issued. 
 93.16     (c) The notice must indicate that: 
 93.17     (1) the driver's license, permit, or identification card 
 93.18  will be canceled on the status check date; 
 93.19     (2) the driver's license, permit, or identification card 
 93.20  may be reissued if the document holder presents federal proof of 
 93.21  extension of the lawful admission period or a receipt from the 
 93.22  United States Department of Homeland Security for application 
 93.23  for an extension or change of the lawful admission period; and 
 93.24     (3) the individual may request an administrative review of 
 93.25  the possible cancellation under Minnesota Rules, part 7409.4600, 
 93.26  or successor rules. 
 93.27     Subd. 4.  [CANCELLATION ORDER.] (a) At least seven days 
 93.28  before the status check date, the department shall issue to the 
 93.29  document holder a cancellation order indicating that the 
 93.30  driver's license, permit, or identification card is canceled.  
 93.31  The notice must be sent by first class mail to the address shown 
 93.32  on department records.  
 93.33     (b) The notice must contain: 
 93.34     (1) the person's full name, date of birth, unique state 
 93.35  document number, and current address from the department record; 
 93.36  and 
 94.1      (2) the date the order is mailed. 
 94.2      (c) The notice must indicate that: 
 94.3      (1) application may be made for a new driver's license, 
 94.4   permit, or identification card if the individual can present 
 94.5   proof to the department of current authorized legal presence in 
 94.6   the United States; and 
 94.7      (2) the document holder may request an administrative 
 94.8   review of the cancellation under Minnesota Rules, part 
 94.9   7409.4600, or successor rules. 
 94.10     Subd. 5.  [ADMINISTRATIVE REVIEW.] Any administrative 
 94.11  review of the cancellation of the state document or the denial 
 94.12  to issue a state document under this part must be conducted 
 94.13  under Minnesota Rules, part 7409.4600, or successor rules. 
 94.14     Subd. 6.  [FEES.] (a) A state document holder who applies 
 94.15  for a six-month extension of the status check date on the 
 94.16  driver's license, permit, or identification card before the 
 94.17  status check date expires must not be charged a fee for 
 94.18  reissuance of the state document if there is no change to the 
 94.19  address or name on the state document. 
 94.20     (b) If the status check date on the driver's license, 
 94.21  permit, or identification card is current or has expired and the 
 94.22  applicant presents federal documentation indicating an extended 
 94.23  lawful admission period, the applicant shall pay the fee for a 
 94.24  duplicate card as specified in section 171.06. 
 94.25     (c) The state document holder is required to pay the 
 94.26  renewal fee as specified in section 171.06 upon the expiration 
 94.27  of the driver's license, permit, or identification card. 
 94.28     Sec. 8.  Minnesota Statutes 2002, section 171.22, 
 94.29  subdivision 2, is amended to read: 
 94.30     Subd. 2.  [PENALTIES.] Any person who violates any 
 94.31  provision of subdivision 1, clause (4), (7), or (8), is guilty 
 94.32  of a gross misdemeanor.  Any person who violates any other 
 94.33  provision of subdivision 1 is guilty of a misdemeanor. 
 94.34     Sec. 9.  [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIAL 
 94.35  DRIVERS.] 
 94.36     Subdivision l.  [ENDORSEMENT.] Before being issued or 
 95.1   renewing a class C, class B, or class A driver's license with a 
 95.2   hazardous materials endorsement, the applicant must comply with 
 95.3   federal regulations incorporated in this section. 
 95.4      Subd. 2.  [ADOPTION OF FEDERAL REGULATIONS.] Public Law 
 95.5   107-56, section 1012, as implemented in Code of Federal 
 95.6   Regulations, title 49, is incorporated by reference. 
 95.7      Subd. 3.  [RULES.] The commissioner of public safety may 
 95.8   adopt rules pursuant to section 14.388, clause (1), in order to 
 95.9   implement this section. 
 95.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 95.11  following final enactment. 
 95.12     Sec. 10.  Minnesota Statutes 2002, section 609.531, 
 95.13  subdivision 1, is amended to read: 
 95.14     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 95.15  609.531 to 609.5318, the following terms have the meanings given 
 95.16  them.  
 95.17     (a) "Conveyance device" means a device used for 
 95.18  transportation and includes, but is not limited to, a motor 
 95.19  vehicle, trailer, snowmobile, airplane, and vessel and any 
 95.20  equipment attached to it.  The term "conveyance device" does not 
 95.21  include property which is, in fact, itself stolen or taken in 
 95.22  violation of the law.  
 95.23     (b) "Weapon used" means a dangerous weapon as defined under 
 95.24  section 609.02, subdivision 6, that the actor used or had in 
 95.25  possession in furtherance of a crime.  
 95.26     (c) "Property" means property as defined in section 609.52, 
 95.27  subdivision 1, clause (1).  
 95.28     (d) "Contraband" means property which is illegal to possess 
 95.29  under Minnesota law.  
 95.30     (e) "Appropriate agency" means the bureau of criminal 
 95.31  apprehension, the Minnesota division of driver and vehicle 
 95.32  services, the Minnesota state patrol, a county sheriff's 
 95.33  department, the suburban Hennepin regional park district park 
 95.34  rangers, the department of natural resources division of 
 95.35  enforcement, the University of Minnesota police department, or a 
 95.36  city or airport police department.  
 96.1      (f) "Designated offense" includes:  
 96.2      (1) for weapons used:  any violation of this chapter, 
 96.3   chapter 152, or chapter 624; 
 96.4      (2) the use of forged documents in applying for a driver's 
 96.5   license; 
 96.6      (3) for all other purposes:  a felony violation of, or a 
 96.7   felony-level attempt or conspiracy to violate, section 325E.17; 
 96.8   325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 96.9   609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 96.10  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 96.11  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 96.12  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 96.13  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 96.14  609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
 96.15  609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
 96.16  609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
 96.17  12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 96.18  609.895; 617.246; or a gross misdemeanor or felony violation of 
 96.19  section 609.891 or 624.7181; or any violation of section 609.324.
 96.20     (g) "Controlled substance" has the meaning given in section 
 96.21  152.01, subdivision 4.