1.1                          A bill for an act 
  1.2             relating to transportation; appropriating money to the 
  1.3             department of transportation and other agencies; 
  1.4             authorizing certain assessments; providing for 20-year 
  1.5             registration of certain trailers; restricting certain 
  1.6             zoning actions in Minneapolis; modifying funding 
  1.7             formulas for greater Minnesota transit; authorizing 
  1.8             department of transportation to bill for certain 
  1.9             maintenance costs; modifying and canceling certain 
  1.10            prior-year appropriations; increasing percentage of 
  1.11            gasoline tax attributable to snowmobiles; proposing 
  1.12            constitutional amendments to dedicate 60 percent of 
  1.13            motor vehicle sales tax revenues to the highway user 
  1.14            tax distribution fund and authorize the use of general 
  1.15            obligation bonds for trunk highways; providing for 
  1.16            advertising, submitting, receiving, or posting certain 
  1.17            highway bids electronically; restricting authority of 
  1.18            commissioner of transportation to require payment of 
  1.19            back wages; modifying provisions governing trunk 
  1.20            highway bond proceeds and highway bond-financed 
  1.21            property; authorizing use of unmarked motor vehicles 
  1.22            by investigators of gambling control board and 
  1.23            exempting their vehicles from payment of registration 
  1.24            tax; authorizing issuance of "choose life" license 
  1.25            plates; providing for tort immunity for claims arising 
  1.26            out of use or operation of recreational motor vehicle 
  1.27            on a highway right-of-way; permitting use of certain 
  1.28            trailer brakes; authorizing payment of certain 
  1.29            engineering costs from town bridge account; 
  1.30            authorizing establishment of rail quiet zones; 
  1.31            allowing local road authorities to provide financial 
  1.32            assistance to expand railroad bridges; increasing 
  1.33            motor vehicle registration filing fee; providing for 
  1.34            allocation of motor vehicle sales tax revenues; 
  1.35            defining certain employees as public safety officers 
  1.36            for purpose of public safety officer's survivor 
  1.37            benefit; modifying financing procedures for 
  1.38            interregional transportation corridors; modifying 
  1.39            provisions relating to statewide communications system 
  1.40            and clarifying appropriation of related fees; 
  1.41            modifying provisions relating to transportation 
  1.42            revolving loan fund; modifying restrictions on funds 
  1.43            in state-aid disaster accounts; modifying state rail 
  1.44            bank lease provisions; prohibiting commissioner of 
  1.45            transportation and metropolitan council from using 
  1.46            certain considerations in programming or constructing 
  2.1             trunk highway projects and other highway actions; 
  2.2             restricting authority of commissioner of 
  2.3             transportation to erect certain towers; placing 
  2.4             restrictions on department of transportation 
  2.5             expenditures for study of light rail transit, 
  2.6             high-speed rail, and commuter rail; authorizing 
  2.7             special taxing district for light rail transit 
  2.8             operating costs; requiring reports; amending Minnesota 
  2.9             Statutes 2000, sections 16A.641, subdivision 8; 
  2.10            16B.54, subdivision 2; 161.082, subdivision 2a; 
  2.11            161.23, subdivision 3; 161.32, subdivisions 1, 1a, 1b, 
  2.12            1e; 162.06, subdivision 3; 162.12, subdivision 3; 
  2.13            165.05, by adding a subdivision; 168.012, subdivision 
  2.14            1; 168.013, subdivision 1d; 168.33, subdivision 7; 
  2.15            169.67, subdivision 3; 174.24, subdivision 3b; 174.35; 
  2.16            174.55, subdivisions 4, 5; 174.70, subdivisions 2, 3; 
  2.17            174.88, subdivision 2; 222.63, subdivision 4; 296A.18, 
  2.18            subdivision 3; 297B.09, subdivision 1; 299A.41, 
  2.19            subdivision 4; 446A.085; 466.03, by adding a 
  2.20            subdivision; 473.399, by adding a subdivision; Laws 
  2.21            1997, chapter 159, article 2, section 4; Laws 1999, 
  2.22            chapter 238, article 1, section 2, subdivision 7; Laws 
  2.23            2000, chapter 479, article 1, section 3, subdivision 
  2.24            3; Laws 2000, chapter 490, article 7, section 3; Laws 
  2.25            2000, chapter 492, article 2, section 1; proposing 
  2.26            coding for new law in Minnesota Statutes, chapters 
  2.27            161; 167; 168; 174; 219; 473. 
  2.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.29                             ARTICLE 1 
  2.30                   TRANSPORTATION APPROPRIATIONS 
  2.31  Section 1.  [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 
  2.32     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.33  appropriated from the general fund, or another named fund, to 
  2.34  the agencies and for the purposes specified in this article, to 
  2.35  be available for the fiscal years indicated for each purpose.  
  2.36  The figures "2001," "2002," and "2003," where used in this 
  2.37  article, mean that the appropriations listed under them are 
  2.38  available for the year ending June 30, 2001, June 30, 2002, or 
  2.39  June 30, 2003, respectively.  The term "first year" means the 
  2.40  year ending June 30, 2002, and the term "second year" means the 
  2.41  year ending June 30, 2003.  Appropriations for the year ending 
  2.42  June 30, 2001, are in addition to appropriations made in 
  2.43  previous years. 
  2.44                          SUMMARY BY FUND
  2.45             2001         2002          2003           TOTAL
  2.46  General             $  96,042,000   $ 85,158,000   $181,200,000
  2.47  Airports               20,807,000     20,548,000     41,355,000 
  2.48  C.S.A.H.              405,330,000    418,113,000    823,443,000 
  2.49  Highway
  3.1   User      875,000      17,644,000     17,402,000     35,921,000 
  3.2   M.S.A.S.              106,469,000    109,827,000    216,296,000 
  3.3   Special Revenue        12,704,000        994,000     13,698,000 
  3.4   Trunk 
  3.5   Highway   445,000   1,133,040,000  1,139,209,000  2,272,694,000 
  3.6   TOTAL  $1,320,000  $1,792,036,000 $1,791,251,000 $3,584,607,000
  3.7                                              APPROPRIATIONS 
  3.8                                          Available for the Year 
  3.9                                              Ending June 30 
  3.10                                            2002         2003 
  3.11   Sec. 2.  TRANSPORTATION 
  3.12  Subdivision 1.  Total       
  3.13  Appropriation                     $1,600,025,000 $1,614,622,000 
  3.14  The appropriations in this section are 
  3.15  from the trunk highway fund, except 
  3.16  when another fund is named. 
  3.17                Summary by Fund
  3.18                          2002          2003   
  3.19  General              24,057,000    18,083,000
  3.20  Airports             20,757,000    20,498,000
  3.21  C.S.A.H.            405,330,000   418,113,000
  3.22  M.S.A.S.            106,469,000   109,827,000
  3.23  Trunk Highway     1,043,412,000 1,048,101,000
  3.24  The amounts that may be spent from this 
  3.25  appropriation for each program are 
  3.26  specified in the following subdivisions.
  3.27  Subd. 2.  Aeronautics                 20,748,000     20,489,000 
  3.28                Summary by Fund
  3.29  Airports             20,687,000    20,428,000
  3.30  General                  50,000        50,000
  3.31  Trunk Highway            11,000        11,000
  3.32  Except as otherwise provided, the 
  3.33  appropriations in this subdivision are 
  3.34  from the state airports fund.  The 
  3.35  amounts that may be spent from this 
  3.36  appropriation for each activity are as 
  3.37  follows: 
  3.38  (a) Airport Development and Assistance 
  3.39         2002           2003    
  3.40      14,298,000     14,298,000 
  3.41  If the appropriation for either year is 
  3.42  insufficient, the appropriation for the 
  3.43  other year is available for it. 
  3.44  (b) Aviation Support         
  4.1        6,315,000      6,053,000 
  4.2   $65,000 the first year and $65,000 the 
  4.3   second year are for the civil air 
  4.4   patrol. 
  4.5   $400,000 the first year and $50,000 the 
  4.6   second year are to facilitate on-line 
  4.7   registration of aircraft. 
  4.8   $600,000 the first year and $600,000 
  4.9   the second year are for GPS 
  4.10  navigational systems.  Of these 
  4.11  amounts, $350,000 the first year and 
  4.12  $350,000 the second year are onetime 
  4.13  appropriations that may not be added to 
  4.14  the agency's budget base. 
  4.15  (c) Air Transportation Services 
  4.16         135,000        138,000 
  4.17                Summary by Fund
  4.18  Airports                 74,000        77,000
  4.19  General                  50,000        50,000
  4.20  Trunk Highway            11,000        11,000
  4.21  The commissioner shall take all 
  4.22  feasible actions to seek a waiver from 
  4.23  the appropriate federal authorities 
  4.24  that would allow the commissioner to 
  4.25  sell the airplane described in Laws 
  4.26  1997, chapter 159, article 1, section 
  4.27  2, subdivision 2, clause (c). 
  4.28  Subd. 3.  Transit                     17,889,000     17,910,000 
  4.29                Summary by Fund
  4.30  General              17,549,000    17,562,000
  4.31  Trunk Highway           340,000       348,000
  4.32  The amounts that may be spent from this 
  4.33  appropriation for each activity are as 
  4.34  follows: 
  4.35  (a) Greater Minnesota Transit Assistance 
  4.36      17,051,000     17,051,000 
  4.37  This appropriation is from the general 
  4.38  fund.  Any unencumbered balance the 
  4.39  first year does not cancel but is 
  4.40  available for the second year. 
  4.41  (b) Transit Administration   
  4.42         838,000        859,000 
  4.43                Summary by Fund
  4.44  General                 498,000       511,000
  4.45  Trunk Highway           340,000       348,000
  4.46  Subd. 4. Railroads and      
  4.47  Waterways                              3,758,000      1,804,000 
  5.1                 Summary by Fund
  5.2   General               2,273,000       280,000
  5.3   Trunk Highway         1,485,000     1,524,000
  5.4   $1,000,000 the first year is from the 
  5.5   general fund for port development 
  5.6   assistance for expenditure in 
  5.7   accordance with Minnesota Statutes, 
  5.8   chapter 457A.  This appropriation is 
  5.9   available until June 30, 2003. 
  5.10  $1,000,000 the first year is from the 
  5.11  general fund for deposit in the 
  5.12  Minnesota rail service improvement 
  5.13  account. 
  5.14  Subd. 5.  Motor Carrier     
  5.15  Regulation                             4,024,000      4,123,000 
  5.16                Summary by Fund
  5.17  General                 122,000       126,000
  5.18  Trunk Highway         3,902,000     3,997,000
  5.19  $500,000 the first year and $500,000 
  5.20  the second year are for commercial 
  5.21  vehicle information systems.  Of this 
  5.22  appropriation $175,000 the first year 
  5.23  and $175,000 the second year are 
  5.24  onetime appropriations that may not be 
  5.25  added to the agency's budget base. 
  5.26  Subd. 6.  Local Roads                515,799,000    527,940,000 
  5.27                Summary by Fund
  5.28  C.S.A.H.            405,330,000   418,113,000
  5.29  M.S.A.S.            106,469,000   109,827,000
  5.30  General               4,000,000       -0-    
  5.31  The amounts that may be spent from this 
  5.32  appropriation for each activity are as 
  5.33  follows: 
  5.34  (a) County State Aids                    
  5.35     405,330,000    418,113,000 
  5.36  This appropriation is from the county 
  5.37  state-aid highway fund and is available 
  5.38  until spent. 
  5.39  (b) Municipal State Aids     
  5.40     106,469,000    109,827,000 
  5.41  This appropriation is from the 
  5.42  municipal state-aid street fund and is 
  5.43  available until spent. 
  5.44  If an appropriation for either county 
  5.45  state aids or municipal state aids does 
  5.46  not exhaust the balance in the fund 
  5.47  from which it is made in the year for 
  5.48  which it is made, the commissioner of 
  6.1   finance, upon request of the 
  6.2   commissioner of transportation, shall 
  6.3   notify the chair of the transportation 
  6.4   finance committee of the house of 
  6.5   representatives and the chair of the 
  6.6   transportation budget division of the 
  6.7   senate of the amount of the remainder 
  6.8   and shall then add that amount to the 
  6.9   appropriation.  The amount added is 
  6.10  appropriated for the purposes of county 
  6.11  state aids or municipal state aids, as 
  6.12  appropriate. 
  6.13  (c) Local Bridges                      4,000,000        -0-     
  6.14  This appropriation is from the general 
  6.15  fund and is to match federal money and 
  6.16  to replace or rehabilitate local 
  6.17  deficient bridges.  Political 
  6.18  subdivisions may use grants made from 
  6.19  this appropriation to construct or 
  6.20  reconstruct bridges, including: 
  6.21  (1) matching federal aid grants to 
  6.22  construct or reconstruct key bridges; 
  6.23  (2) paying the costs of preliminary 
  6.24  engineering and environmental studies 
  6.25  authorized under Minnesota Statutes, 
  6.26  section 174.50, subdivision 6a; 
  6.27  (3) paying the costs to abandon an 
  6.28  existing bridge that is deficient and 
  6.29  in need of replacement, but where no 
  6.30  replacement will be made; and 
  6.31  (4) paying the costs to construct a 
  6.32  road or street to facilitate the 
  6.33  abandonment of an existing bridge 
  6.34  determined by the commissioner to be 
  6.35  deficient, if the commissioner 
  6.36  determines that construction of the 
  6.37  road or street is more economical than 
  6.38  replacing the existing bridge. 
  6.39  (d) Study of Local Road 
  6.40  Program 
  6.41  (1) The commissioner shall conduct a 
  6.42  study of alternative methods of 
  6.43  establishing a local road improvement 
  6.44  program for distributing appropriations 
  6.45  made for local road improvements. 
  6.46  (2) In conducting the study, the 
  6.47  commissioner shall consider the 
  6.48  feasibility and desirability of: 
  6.49  (i) distributing money by formula among 
  6.50  counties and cities; and 
  6.51  (ii) distributing money to counties and 
  6.52  cities on a competitive-grant basis. 
  6.53  (3) In conducting the study, the 
  6.54  commissioner shall prepare and analyze 
  6.55  alternative methods of distributing 
  6.56  money that do not involve the existing 
  6.57  program framework of the county 
  6.58  state-aid highway system or municipal 
  6.59  state-aid street system, although 
  7.1   streets and highways on state-aid 
  7.2   systems may be included in any 
  7.3   alternative included in the study. 
  7.4   (4) As part of the study, the 
  7.5   commissioner shall consult with 
  7.6   representatives of local government, 
  7.7   city and county highway engineers, and 
  7.8   highway users.  The commissioner shall 
  7.9   report the results of the study to the 
  7.10  governor and legislature by February 
  7.11  15, 2002. 
  7.12  Subd. 7.  State Roads                979,255,000    990,557,000 
  7.13                Summary by Fund
  7.14  General                   9,000         9,000
  7.15  Trunk Highway       979,246,000   990,548,000
  7.16  The amounts that may be spent from this 
  7.17  appropriation for each activity are as 
  7.18  follows: 
  7.19  (a) State Road Construction              
  7.20     568,387,000    568,386,000 
  7.21  It is estimated that these 
  7.22  appropriations will be funded as 
  7.23  follows: 
  7.24  Federal Highway Aid                      
  7.25     275,000,000    300,000,000 
  7.26  Highway User Taxes                      
  7.27     293,387,000    268,386,000 
  7.28  The commissioner of transportation 
  7.29  shall notify the chair of the 
  7.30  transportation budget division of the 
  7.31  senate and chair of the transportation 
  7.32  finance committee of the house of 
  7.33  representatives quarterly of any events 
  7.34  that should cause these estimates to 
  7.35  change. 
  7.36  This appropriation is for the actual 
  7.37  construction, reconstruction, and 
  7.38  improvement of trunk highways. This 
  7.39  includes the cost of actual payment to 
  7.40  landowners for lands acquired for 
  7.41  highway rights-of-way, payment to 
  7.42  lessees, interest subsidies, and 
  7.43  relocation expenses. 
  7.44  The commissioner may receive money 
  7.45  covering other shares of the cost of 
  7.46  partnership projects.  These receipts 
  7.47  are appropriated to the commissioner 
  7.48  for these projects. 
  7.49  $10,000,000 the first year and 
  7.50  $10,000,000 the second year are for 
  7.51  trunk highway improvements to eliminate 
  7.52  traffic bottlenecks in the seven-county 
  7.53  metropolitan area, and improvements to 
  7.54  those segments of high-risk 
  8.1   interregional corridors that are 
  8.2   located in the seven-county 
  8.3   metropolitan area. 
  8.4   $10,000,000 the first year and 
  8.5   $10,000,000 the second year are for 
  8.6   trunk highway improvements outside the 
  8.7   seven-county metropolitan area that the 
  8.8   commissioner designates as high-risk 
  8.9   interregional corridors. 
  8.10  $1,000,000 the first year and 
  8.11  $1,000,000 the second year are for 
  8.12  trunk highway advantages to bus transit 
  8.13  in conjunction with highway 
  8.14  construction or reconstruction projects 
  8.15  in the commissioner's statewide 
  8.16  transportation improvement program.  
  8.17  For purposes of this appropriation, 
  8.18  "advantages to transit" includes 
  8.19  shoulder bus lanes, bus park-and-ride 
  8.20  facilities, and bus passenger waiting 
  8.21  facilities, but does not include (1) 
  8.22  any facility relating to light rail 
  8.23  transit or commuter rail or (2) bus 
  8.24  facilities or operating costs in a 
  8.25  light rail transit or commuter rail 
  8.26  corridor. 
  8.27  On August 1 of 2002 and 2003 the 
  8.28  commissioner of transportation shall 
  8.29  report to the major transportation 
  8.30  projects commission on the status of 
  8.31  each trunk highway project that the 
  8.32  commissioner classifies as being 
  8.33  metropolitan bottleneck alleviation, 
  8.34  interregional corridors, and advantages 
  8.35  to transit.  The report must include 
  8.36  (1) the full cost of the project 
  8.37  including inflation assumptions, (2) 
  8.38  the status of construction and 
  8.39  right-of-way acquisition; (3) a 
  8.40  schedule for completing the project; 
  8.41  (4) the status of environmental review 
  8.42  of the project; and (5) the status of 
  8.43  the project in the commissioner's 
  8.44  statewide transportation improvement 
  8.45  program. 
  8.46  $5,000,000 the first year and 
  8.47  $5,000,000 the second year are for 
  8.48  acquisition of right-of-way for trunk 
  8.49  highway construction and reconstruction 
  8.50  projects in advance of final design 
  8.51  work for those projects. 
  8.52  The commissioner may not spend any 
  8.53  money from the trunk highway fund to 
  8.54  pay the operating costs of bus service 
  8.55  intended solely or primarily to 
  8.56  mitigate the effects of trunk highway 
  8.57  construction projects. 
  8.58  The commissioner may not cancel, or 
  8.59  remove from the commissioner's 
  8.60  statewide transportation improvement 
  8.61  program, the trunk highway project that 
  8.62  would construct a new bridge across the 
  8.63  St. Croix river at or near the terminus 
  8.64  of marked trunk highway No. 36. 
  9.1   (b) Highway Debt Service     
  9.2       19,235,000     24,228,000 
  9.3   If this appropriation is insufficient 
  9.4   to make all transfers required in the 
  9.5   year for which it is made, the 
  9.6   commissioner of finance shall notify 
  9.7   the committee on state government 
  9.8   finance of the senate and the committee 
  9.9   on ways and means of the house of 
  9.10  representatives of the amount of the 
  9.11  deficiency and shall then transfer that 
  9.12  amount under the statutory open 
  9.13  appropriation. 
  9.14  Any excess appropriation must be 
  9.15  canceled to the trunk highway fund. 
  9.16  (c) Research and Investment Management   
  9.17      12,287,000     12,211,000 
  9.18  $600,000 the first year and $600,000 
  9.19  the second year are available for 
  9.20  grants for transportation studies 
  9.21  outside the metropolitan area to 
  9.22  identify critical concerns, problems, 
  9.23  and issues.  These grants are available 
  9.24  to (1) regional development 
  9.25  commissions, and (2) in regions where 
  9.26  no regional development commission is 
  9.27  functioning, joint powers boards 
  9.28  established under agreement of two or 
  9.29  more political subdivisions in the 
  9.30  region to exercise the planning 
  9.31  functions of a regional development 
  9.32  commission, and (3) in regions where no 
  9.33  regional development commission or 
  9.34  joint powers board is functioning, the 
  9.35  department's district office for that 
  9.36  region. 
  9.37  $266,000 the first year and $266,000 
  9.38  the second year are available for 
  9.39  grants to metropolitan planning 
  9.40  organizations outside the seven-county 
  9.41  metropolitan area. 
  9.42  $200,000 the first year is for 
  9.43  development of an updated state 
  9.44  transportation plan.  This is a onetime 
  9.45  appropriation and may not be added to 
  9.46  the agency's budget base.  
  9.47  $75,000 the first year and $75,000 the 
  9.48  second year are for a transportation 
  9.49  research contingent account to finance 
  9.50  research projects that are reimbursable 
  9.51  from the federal government or from 
  9.52  other sources.  If the appropriation 
  9.53  for either year is insufficient, the 
  9.54  appropriation for the other year is 
  9.55  available for it. 
  9.56  $100,000 in the first year is for a 
  9.57  study of the feasibility and 
  9.58  desirability of allowing all vehicles 
  9.59  to use lanes on marked interstate 
  9.60  highway I-394 presently restricted to 
  9.61  high-occupancy vehicles only.  The 
 10.1   commissioner shall determine a time 
 10.2   during which such use is allowed, and 
 10.3   take all necessary steps to permit such 
 10.4   use for the period of the study.  The 
 10.5   commissioner shall contract with an 
 10.6   independent consultant to study the 
 10.7   effects of opening the lanes to all 
 10.8   vehicles on traffic flow, traffic 
 10.9   congestion, transit and high-occupancy 
 10.10  vehicle use, and highway safety on 
 10.11  I-394 and other affected highways.  The 
 10.12  commissioner shall report to the 
 10.13  legislature on the results of the study 
 10.14  by February 1, 2002.  The commissioner 
 10.15  shall take no actions with respect to 
 10.16  this study that would result in a loss 
 10.17  of federal funds to the state or 
 10.18  significant delay to a state or local 
 10.19  transportation project financed partly 
 10.20  with federal funds. 
 10.21  (d) Central Engineering Services 
 10.22      65,031,000     66,338,000 
 10.23  (e) Design and Construction Engineering 
 10.24      89,835,000     91,046,000 
 10.25  $1,000,000 the first year is for 
 10.26  planning, environmental studies, and 
 10.27  preliminary engineering for major river 
 10.28  crossings on the trunk highway system.  
 10.29  (f) State Road Operations    
 10.30     218,863,000    222,602,000 
 10.31  $2,000,000 the first year and 
 10.32  $1,000,000 the second year are for 
 10.33  improved highway striping. 
 10.34  The commissioner shall spend all money 
 10.35  available to the department of 
 10.36  transportation under Public Law Number 
 10.37  105-206, section 164 (repeat offender 
 10.38  transfer program), for hazard 
 10.39  elimination activities under United 
 10.40  States Code, title 23, section 152, and 
 10.41  shall not transfer any part of these 
 10.42  funds to any other agency. 
 10.43  (g) Electronic Communications
 10.44       5,617,000      5,746,000 
 10.45                Summary by Fund
 10.46  General                   9,000         9,000
 10.47  Trunk Highway         5,608,000     5,737,000
 10.48  $9,000 the first year and $9,000 the 
 10.49  second year are from the general fund 
 10.50  for equipment and operation of the 
 10.51  Roosevelt signal tower for Lake of the 
 10.52  Woods weather broadcasting. 
 10.53  Subd. 8.  General Support             50,386,000     51,779,000 
 10.54                Summary by Fund
 11.1   General                  54,000        56,000
 11.2   Airports                 70,000        70,000
 11.3   Trunk Highway        50,712,000    51,673,000
 11.4   The amounts that may be spent from this 
 11.5   appropriation for each activity are as 
 11.6   follows: 
 11.7   (a) General Management  
 11.8       39,148,000     39,865,000 
 11.9   $6,600,000 the first year and 
 11.10  $6,600,000 the second year are for 
 11.11  improvement and expansion of 
 11.12  information systems technology 
 11.13  infrastructure. 
 11.14  (b) General Services    
 11.15      11,688,000     11,934,000 
 11.16                Summary by Fund
 11.17  General                  54,000        56,000
 11.18  Airports                 70,000        70,000
 11.19  Trunk Highway        11,564,000    11,808,000
 11.20  Subd. 9.  Buildings                    7,716,000        -0-     
 11.21  This appropriation is available until 
 11.22  June 30, 2003. 
 11.23  (a) Deer Lake truck station                    550,000 
 11.24  (b) Dodge Center truck station                 575,000 
 11.25  (c) Mankato site work                          669,000 
 11.26  (d) Spring Lake Park truck station addition    385,000 
 11.27  (e) Training center remodeling                 600,000 
 11.28  (f) Appleton shared maintenance facility       200,000 
 11.29  (g) Eagan driver exam station                  900,000 
 11.30  (h) Rest areas                                 180,000 
 11.31  (i) Land acquisition                           150,000 
 11.32  (j) Asbestos abatement                         100,000 
 11.33  (k) Design fees                              1,807,000 
 11.34  (l) Unheated storage buildings                 600,000 
 11.35  (m) Salt sheds                               1,000,000 
 11.36  Subd. 10.  Transfers 
 11.37  (a) The commissioner of transportation 
 11.38  with the approval of the commissioner 
 11.39  of finance may transfer unencumbered 
 11.40  balances among the appropriations from 
 11.41  the trunk highway fund and the state 
 11.42  airports fund made in this section.  No 
 12.1   transfer may be made from the 
 12.2   appropriation for state road 
 12.3   construction.  No transfer may be made 
 12.4   from the appropriations for debt 
 12.5   service to any other appropriation.  
 12.6   Transfers under this paragraph may not 
 12.7   be made between funds.  Transfers must 
 12.8   be reported immediately to the chair of 
 12.9   the transportation budget division of 
 12.10  the senate and the chair of the 
 12.11  transportation finance committee of the 
 12.12  house of representatives. 
 12.13  (b) The commissioner of finance shall 
 12.14  transfer from the flexible account in 
 12.15  the county state-aid highway fund 
 12.16  $6,400,000 the first year and 
 12.17  $2,400,000 the second year to the 
 12.18  municipal turnback account in the 
 12.19  municipal state-aid street fund, and 
 12.20  shall retain the remaining amount in 
 12.21  the flexible account to be credited to 
 12.22  the county turnback account. 
 12.23  Subd. 11.  Contingent Appropriation 
 12.24  The commissioner of transportation, 
 12.25  with the approval of the governor after 
 12.26  consultation with the legislative 
 12.27  advisory commission under Minnesota 
 12.28  Statutes, section 3.30, may transfer 
 12.29  all or part of the unappropriated 
 12.30  balance in the trunk highway fund to an 
 12.31  appropriation (1) for trunk highway 
 12.32  design, construction, or inspection in 
 12.33  order to take advantage of an 
 12.34  unanticipated receipt of income to the 
 12.35  trunk highway fund, (2) for trunk 
 12.36  highway maintenance in order to meet an 
 12.37  emergency, or (3) to pay tort or 
 12.38  environmental claims.  The amount 
 12.39  transferred is appropriated for the 
 12.40  purpose of the account to which it is 
 12.41  transferred. 
 12.42  Subd. 12.  Use of State Road 
 12.43  Construction Appropriations 
 12.44  Any money appropriated to the 
 12.45  commissioner of transportation for 
 12.46  state road construction for any fiscal 
 12.47  year before fiscal year 2002 is 
 12.48  available to the commissioner during 
 12.49  fiscal years 2003 and 2004 to the 
 12.50  extent that the commissioner spends the 
 12.51  money on the state road construction 
 12.52  project for which the money was 
 12.53  originally encumbered during the fiscal 
 12.54  year for which it was appropriated. 
 12.55  The commissioner of transportation 
 12.56  shall report to the commissioner of 
 12.57  finance by August 1, 2002, and August 
 12.58  1, 2003, on a form the commissioner of 
 12.59  finance provides, on expenditures made 
 12.60  during the previous fiscal year that 
 12.61  are authorized by this subdivision. 
 12.62  Sec. 3.  METROPOLITAN COUNCIL 
 12.63  TRANSIT                               58,967,000     55,201,000 
 13.1   The council may not spend more than 
 13.2   $42,200,000 for metro mobility in the 
 13.3   2002-2003 biennium except for proceeds 
 13.4   from bond sales when use of those 
 13.5   proceeds for metro mobility capital 
 13.6   expenditures is authorized by law. 
 13.7   Sec. 4.  PUBLIC SAFETY  
 13.8   Subdivision 1.  Total       
 13.9   Appropriation                        118,916,000    120,425,000 
 13.10                Summary by Fund
 13.11                          2002          2003   
 13.12  General             11,590,000    11,846,000
 13.13  Trunk Highway       88,828,000    90,308,000
 13.14  Highway User        17,519,000    17,277,000
 13.15  Special Revenue        979,000       994,000
 13.16  Subd. 2. Administration and 
 13.17  Related Services                      13,167,000     13,361,000 
 13.18                Summary by Fund
 13.19  General               4,578,000     4,603,000
 13.20  Trunk Highway         7,204,000     7,373,000
 13.21  Highway User          1,385,000     1,385,000
 13.22  Notwithstanding Minnesota Statutes, 
 13.23  section 16A.285, no part of this 
 13.24  appropriation may be transferred. 
 13.25  (a) Office of Communications 
 13.26         390,000        398,000 
 13.27                Summary by Fund
 13.28  General                  20,000        20,000
 13.29  Trunk Highway           370,000       378,000
 13.30  (b) Public Safety Support    
 13.31       7,901,000      7,991,000 
 13.32                Summary by Fund
 13.33  General               3,086,000     3,087,000
 13.34  Trunk Highway         3,449,000     3,538,000
 13.35  Highway User          1,366,000     1,366,000
 13.36  $326,000 the first year and $326,000 
 13.37  the second year are for payment of 
 13.38  public safety officer survivor benefits 
 13.39  under Minnesota Statutes, section 
 13.40  299A.44.  If the appropriation for 
 13.41  either year is insufficient, the 
 13.42  appropriation for the other year is 
 13.43  available for it. 
 13.44  $244,000 the first year and $314,000 
 14.1   the second year are to be deposited in 
 14.2   the public safety officer's benefit 
 14.3   account.  This money is available for 
 14.4   reimbursements under Minnesota 
 14.5   Statutes, section 299A.465. 
 14.6   $508,000 the first year and $508,000 
 14.7   the second year are for soft body armor 
 14.8   reimbursements under Minnesota 
 14.9   Statutes, section 299A.38. 
 14.10  $1,800,000 the first year and 
 14.11  $1,800,000 the second year are 
 14.12  appropriated from the general fund for 
 14.13  transfer by the commissioner of finance 
 14.14  to the trunk highway fund on December 
 14.15  31, 2001, and December 31, 2002, 
 14.16  respectively, in order to reimburse the 
 14.17  trunk highway fund for expenses not 
 14.18  related to the fund.  These represent 
 14.19  amounts appropriated out of the trunk 
 14.20  highway fund for general fund purposes 
 14.21  in the administration and related 
 14.22  services program. 
 14.23  $610,000 the first year and $610,000 
 14.24  the second year are appropriated from 
 14.25  the highway user tax distribution fund 
 14.26  for transfer by the commissioner of 
 14.27  finance to the trunk highway fund on 
 14.28  December 31, 2001, and December 31, 
 14.29  2002, respectively, in order to 
 14.30  reimburse the trunk highway fund for 
 14.31  expenses not related to the fund.  
 14.32  These represent amounts appropriated 
 14.33  out of the trunk highway fund for 
 14.34  highway user tax distribution fund 
 14.35  purposes in the administration and 
 14.36  related services program. 
 14.37  $716,000 the first year and $716,000 
 14.38  the second year are appropriated from 
 14.39  the highway user tax distribution fund 
 14.40  for transfer by the commissioner of 
 14.41  finance to the general fund on December 
 14.42  31, 2001, and December 31, 2002, 
 14.43  respectively, in order to reimburse the 
 14.44  general fund for expenses not related 
 14.45  to the fund.  These represent amounts 
 14.46  appropriated out of the general fund 
 14.47  for operation of the criminal justice 
 14.48  data network related to driver and 
 14.49  motor vehicle licensing. 
 14.50  (c) Technical Support Services 
 14.51       4,876,000      4,972,000 
 14.52                Summary by Fund
 14.53  General               1,472,000     1,496,000
 14.54  Trunk Highway         3,385,000     3,457,000
 14.55  Highway User             19,000        19,000
 14.56  Subd. 3.  State Patrol                60,105,000     61,738,000 
 14.57                Summary by Fund
 14.58                          2000          2001   
 15.1   General              3,154,000     3,247,000
 15.2   Trunk Highway       56,859,000    58,399,000
 15.3   Highway User            92,000        92,000
 15.4   (a) Patrolling Highways  
 15.5       50,693,000     52,054,000 
 15.6                 Summary by Fund
 15.7   General                  37,000        37,000
 15.8   Trunk Highway        50,564,000    51,925,000
 15.9   Highway User             92,000        92,000
 15.10  Notwithstanding Minnesota Statutes, 
 15.11  section 16A.285, no part of this 
 15.12  appropriation may be transferred. 
 15.13  (b) Commercial Vehicle Enforcement 
 15.14       6,295,000      6,474,000 
 15.15  This appropriation is from the trunk 
 15.16  highway fund. 
 15.17  Notwithstanding Minnesota Statutes, 
 15.18  section 16A.285, no part of this 
 15.19  appropriation may be transferred.  
 15.20  (c) Capitol Security  
 15.21       3,117,000      3,210,000 
 15.22  The commissioner may not (1) spend any 
 15.23  money from the trunk highway fund for 
 15.24  capital security, or (2) permanently 
 15.25  transfer any state trooper from the 
 15.26  patrolling highways activity to capital 
 15.27  security. 
 15.28  Subd. 4. Driver and Vehicle 
 15.29  Services                              44,348,000     44,008,000 
 15.30                Summary by Fund
 15.31  General               3,858,000     3,996,000
 15.32  Trunk Highway        24,448,000    24,212,000
 15.33  Highway User         16,042,000    15,800,000
 15.34  Notwithstanding Minnesota Statutes, 
 15.35  section 16A.285, no part of this 
 15.36  appropriation may be transferred.  
 15.37  (a) Vehicle Registration and Title 
 15.38      19,845,000     19,740,000 
 15.39                Summary by Fund
 15.40  General               3,803,000     3,940,000
 15.41  Highway User         16,042,000    15,800,000
 15.42  $250,000 the first year and $250,000 
 15.43  the second year are for unanticipated 
 16.1   costs relating to the production of 
 16.2   license plates.  This appropriation is 
 16.3   from the highway user tax distribution 
 16.4   fund.  The commissioner may spend money 
 16.5   from this appropriation only after 
 16.6   obtaining approval from the 
 16.7   commissioner of finance and notifying 
 16.8   the chair of the transportation budget 
 16.9   division of the senate and the chair of 
 16.10  the transportation finance committee of 
 16.11  the house of representatives. 
 16.12  The commissioner shall conduct a study 
 16.13  of the effect of increased 
 16.14  authorization and use of special 
 16.15  license plates on (1) department of 
 16.16  public safety costs and revenues, and 
 16.17  (2) law enforcement and public safety.  
 16.18  The commissioner shall report to the 
 16.19  legislature by February 1, 2002, on the 
 16.20  results of the study. 
 16.21  (b) Licensing Drivers   
 16.22      24,503,000     24,268,000 
 16.23                Summary by Fund
 16.24  General                  55,000        56,000
 16.25  Trunk Highway        24,448,000    24,212,000
 16.26  $400,000 the first year and $400,000 
 16.27  the second year are for unanticipated 
 16.28  costs relating to the production of 
 16.29  drivers' licenses.  This appropriation 
 16.30  is from the trunk highway fund.  The 
 16.31  commissioner may spend money from this 
 16.32  appropriation only after obtaining 
 16.33  approval from the commissioner of 
 16.34  finance and notifying the chair of the 
 16.35  transportation budget division of the 
 16.36  senate and the chair of the 
 16.37  transportation finance committee of the 
 16.38  house of representatives. 
 16.39  Subd. 5.  Traffic Safety                 317,000        324,000 
 16.40  This appropriation is from the trunk 
 16.41  highway fund.  
 16.42  Subd. 6.  Pipeline Safety                979,000        994,000 
 16.43  This appropriation is from the pipeline 
 16.44  safety account in the special revenue 
 16.45  fund. 
 16.46  Sec. 5.  GENERAL CONTINGENT 
 16.47  ACCOUNTS                                 375,000        375,000 
 16.48  The appropriations in this section may 
 16.49  only be spent with the approval of the 
 16.50  governor after consultation with the 
 16.51  legislative advisory commission 
 16.52  pursuant to Minnesota Statutes, section 
 16.53  3.30. 
 16.54  If an appropriation in this section for 
 16.55  either year is insufficient, the 
 16.56  appropriation for the other year is 
 16.57  available for it. 
 17.1                 Summary by Fund
 17.2   Trunk Highway           200,000       200,000
 17.3   Highway User            125,000       125,000
 17.4   Airports                 50,000        50,000
 17.5   Sec. 6.  TORT CLAIMS                     600,000        600,000 
 17.6   To be spent by the commissioner of 
 17.7   finance.  This appropriation is from 
 17.8   the trunk highway fund.  If the 
 17.9   appropriation for either year is 
 17.10  insufficient, the appropriation for the 
 17.11  other year is available for it. 
 17.12     Sec. 7.  [TRANSFERS; FISCAL YEAR 2001 APPROPRIATIONS.] 
 17.13     (a) The commissioner of finance shall transfer $11,725,000 
 17.14  from the contingency account in the special revenue fund for 
 17.15  transfer to the highway user tax distribution fund for fiscal 
 17.16  year 2002 as reimbursement for refunds of taxes for vehicle 
 17.17  registration renewals due in June, 2000. 
 17.18     (b) $875,000 is appropriated from the highway user tax 
 17.19  distribution fund to the commissioner of public safety for 
 17.20  fiscal year 2001.  This amount must be added to the 
 17.21  appropriation in Laws 1999, chapter 238, article 1, section 4, 
 17.22  subdivision 4, paragraph (a), for increased license plate costs. 
 17.23     (c) $445,000 is appropriated from the trunk highway fund to 
 17.24  the commissioner of public safety for fiscal year 2001.  This 
 17.25  amount must be added to the appropriation in Laws 1999, chapter 
 17.26  238, article 1, section 4, subdivision 4, paragraph (c), for 
 17.27  increased driver's license card production costs. 
 17.28     (d) The commissioner of finance shall transfer $1,400,000 
 17.29  in fiscal year 2002 from the general fund to the transportation 
 17.30  revolving loan fund. 
 17.31     <b>[EFFECTIVE DATE.]</b> Paragraphs (b) and (c) are effective the 
 17.32  day following final enactment.  Paragraphs (a) and (d) are 
 17.33  effective July 1, 2001.  
 17.34     Sec. 8.  [OFFICE OF PIPELINE SAFETY ASSESSMENTS.] 
 17.35     Assessments by the office of pipeline safety under 
 17.36  Minnesota Statutes, section 299J.12, for purposes of section 3, 
 17.37  subdivision 6, are deemed approved under Minnesota Statutes, 
 17.38  section 16A.1283. 
 18.1      Sec. 9.  [CERTAIN, ONETIME APPROPRIATIONS.] 
 18.2      General fund appropriations in this article for the 
 18.3   2002-2003 biennium in excess of an agency's general fund budget 
 18.4   base are onetime and may not be added to the agency's budget 
 18.5   base for the 2004-2005 biennium.  For purposes of this section 
 18.6   the following amounts are each agency's general fund budget base:
 18.7                                           2004           2005
 18.8   Department of transportation        $15,980,000    $15,980,000
 18.9   Department of public safety         $11,455,000    $11,434,000
 18.10  Metropolitan council                $53,101,000    $53,101,000
 18.11     Sec. 10.  [DEPARTMENT OF TRANSPORTATION DISTRICT 1 
 18.12  CONSTRUCTION BUDGET.] 
 18.13     The commissioner of transportation shall reduce the 
 18.14  construction budget of the department of transportation 
 18.15  construction district 1 by $35,000,000 over the period from 
 18.16  fiscal year 2003 through fiscal year 2007, in order to repay the 
 18.17  advance of highway construction funds in fiscal years 2001 and 
 18.18  2002.  The reduction in each year of the period must equal the 
 18.19  cost of trunk highway construction projects that were originally 
 18.20  scheduled to be constructed during that year that were 
 18.21  constructed in fiscal year 2001 or 2002 instead. 
 18.22     Sec. 11.  [PORT OF MINNEAPOLIS; RESTRICTIONS.] 
 18.23     Subdivision 1.  [FINDING.] The legislature finds that the 
 18.24  continued use of the upper harbor of the Mississippi river in 
 18.25  the city of Minneapolis for commercial navigation relieves 
 18.26  transportation demand on highways and railroads in the 
 18.27  metropolitan area, is a necessary element of the transportation 
 18.28  system of the region, and is therefore of statewide significance.
 18.29     Subd. 2.  [RESTRICTION.] The city of Minneapolis may not 
 18.30  adopt or enforce any zoning ordinance or other zoning 
 18.31  determination that would have the effect of forcing the closing 
 18.32  or relocation of commercial and industrial activities along the 
 18.33  upper harbor of the Mississippi river that are extensively 
 18.34  dependent on commercial river transportation. 
 18.35     Sec. 12.  Minnesota Statutes 2000, section 161.082, 
 18.36  subdivision 2a, is amended to read: 
 19.1      Subd. 2a.  [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 
 19.2   (a) Money in the town bridge account must be expended on town 
 19.3   road bridge structures that are ten feet or more in length and 
 19.4   on town road culverts that replace existing town road bridges.  
 19.5   In addition, if the present bridge structure is less than ten 
 19.6   feet in length but a hydrological survey indicates that the 
 19.7   replacement bridge structure or culvert must be ten feet or more 
 19.8   in length, then the bridge or culvert is eligible for 
 19.9   replacement funds. 
 19.10     (b) In addition, if a culvert that replaces a deficient 
 19.11  bridge is in a county comprehensive water plan approved by the 
 19.12  board of water and soil resources and the department of natural 
 19.13  resources, the costs of the culvert and roadway grading other 
 19.14  than surfacing are eligible for replacement funds up to the cost 
 19.15  of constructing a replacement bridge. 
 19.16     (c) The expenditures on a bridge structure or culvert may 
 19.17  be paid from the county turnback account and may be for 100 
 19.18  percent of the cost of the replacement structure or culvert or 
 19.19  for 100 percent of the cost of rehabilitating the existing 
 19.20  structure. 
 19.21     (d) The town bridge account may be used to pay the costs to 
 19.22  abandon an existing bridge that is deficient and in need of 
 19.23  replacement, but where no replacement will be made.  It may also 
 19.24  be used to pay the costs to construct a road or street to 
 19.25  facilitate the abandonment of an existing bridge determined by 
 19.26  the commissioner to be deficient, if the commissioner determines 
 19.27  that construction of the road or street is more cost efficient 
 19.28  than replacing the existing bridge. 
 19.29     (e) When bridge approach construction work exceeds $10,000 
 19.30  in costs, or when the county engineer determines that the cost 
 19.31  of the replacement culverts alone will not exceed $20,000, or 
 19.32  engineering costs exceed $10,000, the town shall be eligible for 
 19.33  financial assistance from the town bridge account.  Financial 
 19.34  assistance shall be requested by resolution of the county board 
 19.35  and shall be limited to: 
 19.36     (1) 100 percent of the cost of the bridge approach work 
 20.1   that is in excess of $10,000; or 
 20.2      (2) 100 percent of the cost of the replacement culverts 
 20.3   when the cost does not exceed $20,000 and the town board agrees 
 20.4   to be responsible for all the other costs, which may include 
 20.5   costs for structural removal, installation, and permitting.  The 
 20.6   replacement structure design and costs shall be approved and 
 20.7   certified by the county engineer, but need not be subsequently 
 20.8   approved by the department of transportation; or 
 20.9      (3) 100 percent of all related engineering costs that 
 20.10  exceed $10,000, or in the case of towns with a net tax capacity 
 20.11  of less than $200,000, 100 percent of the engineering costs. 
 20.12     (f) Money in the town road account must be distributed as 
 20.13  provided in section 162.081. 
 20.14     Sec. 13.  Minnesota Statutes 2000, section 168.013, 
 20.15  subdivision 1d, is amended to read: 
 20.16     Subd. 1d.  [TRAILER.] (a) On trailers registered at a gross 
 20.17  vehicle weight of greater than 3,000 pounds, the annual tax is 
 20.18  based on total gross weight and is 30 percent of the Minnesota 
 20.19  base rate prescribed in subdivision 1e, when the gross weight is 
 20.20  15,000 pounds or less, and when the gross weight of a trailer is 
 20.21  more than 15,000 pounds, the tax for the first eight years of 
 20.22  vehicle life is 100 percent of the tax imposed in the Minnesota 
 20.23  base rate schedule, and during the ninth and succeeding years of 
 20.24  vehicle life the tax is 75 percent of the Minnesota base rate 
 20.25  prescribed by subdivision 1e, but in no event less than $5, 
 20.26  provided, that the tax on trailers with a total gross weight of 
 20.27  3,000 pounds or less is payable biennially.  
 20.28     (b) Farm trailers with a gross weight in excess of 10,000 
 20.29  pounds and as described in section 168.011, subdivision 17, are 
 20.30  taxed as farm trucks as prescribed in subdivision 1c. 
 20.31     (c) Effective on and after July 1, 2001, trailers 
 20.32  registered at a gross vehicle weight of 3,000 pounds or less 
 20.33  must display a distinctive plate.  The registration on the 
 20.34  license plate is valid for 20 years, unless the trailer is 
 20.35  subsequently reregistered at a gross weight of more than 3,000 
 20.36  pounds.  The registration tax for trailers registered for the 
 21.1   first time in Minnesota is $55.  For trailers registered in 
 21.2   Minnesota before July 1, 2001, and for which: 
 21.3      (1) registration is desired for 20 years, the registration 
 21.4   tax is $25; or 
 21.5      (2) 20-year registration is not desired, the biennial 
 21.6   registration tax is $10 for the first renewal if registration is 
 21.7   renewed between and including July 1, 2001, and June 30, 2003.  
 21.8   These trailers must be registered for 20 years at the first 
 21.9   renewal on or after July 1, 2003, and the registration tax is 
 21.10  $20.  
 21.11  For trailers registered at a gross weight of 3,000 pounds or 
 21.12  less before July 1, 2001, but not renewed until on or after July 
 21.13  1, 2003, the registration tax is $20 and 20-year registration 
 21.14  must be issued. 
 21.15     Sec. 14.  Minnesota Statutes 2000, section 174.24, 
 21.16  subdivision 3b, is amended to read: 
 21.17     Subd. 3b.  [OPERATING ASSISTANCE.] (a) The commissioner 
 21.18  shall determine the total operating cost of any public transit 
 21.19  system receiving or applying for assistance in accordance with 
 21.20  generally accepted accounting principles.  To be eligible for 
 21.21  financial assistance, an applicant or recipient shall provide to 
 21.22  the commissioner all financial records and other information and 
 21.23  shall permit any inspection reasonably necessary to determine 
 21.24  total operating cost and correspondingly the amount of 
 21.25  assistance which may be paid to the applicant or recipient.  
 21.26  Where more than one county or municipality contributes 
 21.27  assistance to the operation of a public transit system, the 
 21.28  commissioner shall identify one as lead agency for the purpose 
 21.29  of receiving moneys money under this section.  
 21.30     (b) Prior to distributing operating assistance to eligible 
 21.31  recipients for any contract period, the commissioner shall place 
 21.32  all recipients into one of the following classifications:  large 
 21.33  urbanized area service, urbanized area service, small urban area 
 21.34  service, rural area service, and elderly and handicapped 
 21.35  service.  The commissioner shall distribute funds under this 
 21.36  section so that the percentage of total operating cost paid by 
 22.1   any recipient from local sources will not exceed the percentage 
 22.2   for that recipient's classification, except as provided in an 
 22.3   undue hardship case.  The percentages shall must be:  for large 
 22.4   urbanized area service, 50 percent; for urbanized area service 
 22.5   and small urban area service, 40 percent; for rural area 
 22.6   service, 35 percent; and for elderly and handicapped service, 35 
 22.7   percent.  The remainder of the total operating cost will be paid 
 22.8   from state funds less any assistance received by the recipient 
 22.9   from any federal source.  For purposes of this subdivision 
 22.10  "local sources" means all local sources of funds and includes 
 22.11  all operating revenue, tax levies, and contributions from public 
 22.12  funds, except that the commissioner may exclude from the total 
 22.13  assistance contract revenues derived from operations the cost of 
 22.14  which is excluded from the computation of total operating cost.  
 22.15  Total operating costs for the Duluth transit authority or a 
 22.16  successor agency shall not include costs related to the 
 22.17  Superior, Wisconsin service contract and the school bus service 
 22.18  contract.  
 22.19     (c) If a recipient informs the commissioner in writing 
 22.20  after the establishment of these percentages but prior to the 
 22.21  distribution of financial assistance for any year that paying 
 22.22  its designated percentage of total operating cost from local 
 22.23  sources will cause undue hardship, the commissioner may reduce 
 22.24  the percentage to be paid from local sources by the recipient 
 22.25  and increase the percentage to be paid from local sources by one 
 22.26  or more other recipients inside or outside the classification, 
 22.27  provided that no recipient shall have its percentage thus 
 22.28  reduced or increased for more than two years successively.  If 
 22.29  for any year the funds appropriated to the commissioner to carry 
 22.30  out the purposes of this section are insufficient to allow the 
 22.31  commissioner to pay the state share of total operating cost as 
 22.32  provided in this paragraph, the commissioner shall reduce the 
 22.33  state share in each classification to the extent necessary. 
 22.34     Sec. 15.  [174.261] [BILLING FOR HIGHWAY MAINTENANCE.] 
 22.35     The commissioner of transportation may bill highway 
 22.36  maintenance operating units of the department and local road 
 23.1   authorities for the cost of a centrally managed pavement marking 
 23.2   program.  These costs may include equipment acquisition and 
 23.3   rental, labor, materials, and other costs as determined by the 
 23.4   commissioner.  Receipts must be credited to a special account in 
 23.5   the trunk highway fund and are appropriated to the commissioner 
 23.6   to pay the costs for which billings are made.  Amounts credited 
 23.7   to the account are exempt from statewide and agency indirect 
 23.8   cost payments. 
 23.9      Sec. 16.  Minnesota Statutes 2000, section 296A.18, 
 23.10  subdivision 3, is amended to read: 
 23.11     Subd. 3.  [SNOWMOBILE.] Approximately one percent in fiscal 
 23.12  years 1998, 1999, and 2000, and three-fourths of one percent 
 23.13  thereafter, of all gasoline received in and produced or brought 
 23.14  into this state, except gasoline used for aviation purposes, is 
 23.15  being used as fuel for the operation of snowmobiles in this 
 23.16  state, and of the total revenue derived from the imposition of 
 23.17  the gasoline fuel tax for uses other than for aviation purposes, 
 23.18  one percent in fiscal years 1998, 1999, and 2000, and 
 23.19  three-fourths of one percent thereafter, of such revenues is the 
 23.20  amount of tax on fuel used in snowmobiles operated in this state.
 23.21     Sec. 17.  Laws 2000, chapter 492, article 2, section 1, is 
 23.22  amended to read: 
 23.23     Section 1.  [METROPOLITAN COUNCIL TRANSIT APPROPRIATION.] 
 23.24     (a) $25,000,000 in fiscal year 2001 and $19,000,000 in 
 23.25  fiscal year 2002 is appropriated from the general fund to the 
 23.26  metropolitan council for public improvements of a capital nature 
 23.27  for engineering, design, and construction of an exclusive bus 
 23.28  transitway including, but not limited to, acquisition of land 
 23.29  and right-of-way.  
 23.30     (b) None of the money appropriated in this section may be 
 23.31  spent for light rail transit or commuter rail purposes.  The 
 23.32  appropriation in paragraph (a), split between the two fiscal 
 23.33  years, is nonrecurring, for one-time only, and does not commit 
 23.34  the state to make any additional appropriations for the 
 23.35  activities described in paragraph (a). 
 23.36     (c) The money necessary to complete the project described 
 24.1   in paragraph (a) must come from nonstate sources.  A property 
 24.2   tax levied by or for the metropolitan council must not be one of 
 24.3   those nonstate sources. 
 24.4                              ARTICLE 2 
 24.5                      TRANSPORTATION DEVELOPMENT  
 24.6      Section 1.  Minnesota Statutes 2000, section 16A.641, 
 24.7   subdivision 8, is amended to read: 
 24.8      Subd. 8.  [APPROPRIATION OF PROCEEDS.] (a) The proceeds of 
 24.9   bonds issued under each law are appropriated for the purposes 
 24.10  described in the law and in this subdivision.  This 
 24.11  appropriation may never be canceled.  
 24.12     (b) Before the proceeds are received in the proper special 
 24.13  fund, the commissioner may transfer to that fund from the 
 24.14  general fund amounts not exceeding the expected proceeds from 
 24.15  the next bond sale.  The commissioner shall return these amounts 
 24.16  to the general fund by transferring proceeds when received.  The 
 24.17  amounts of these transfers are appropriated from the general 
 24.18  fund and from the bond proceeds.  
 24.19     (c) Actual and necessary travel and subsistence expenses of 
 24.20  employees and all other nonsalary expenses incidental to the 
 24.21  sale, printing, execution, and delivery of bonds must be paid 
 24.22  from the proceeds.  The proceeds are appropriated for this 
 24.23  purpose.  Bond proceeds must not be used to pay any part of the 
 24.24  salary of a state employee involved in the sale, printing, 
 24.25  execution, or delivery of the bonds. 
 24.26     (d) Bond proceeds remaining in a special fund after the 
 24.27  purposes for which the bonds were issued are accomplished or 
 24.28  abandoned, as certified by the head of the agency administering 
 24.29  the special fund, or as determined by the commissioner, unless 
 24.30  devoted under the appropriation act to another purpose 
 24.31  designated in the act, shall be transferred to the state bond 
 24.32  fund. 
 24.33     (e) Before the proceeds of state highway bonds are received 
 24.34  in the trunk highway fund, the commissioner may either (1) 
 24.35  transfer funds to the trunk highway fund from the general fund, 
 24.36  or (2) authorize the use of funds in the trunk highway fund, in 
 25.1   an amount not exceeding the expected proceeds from the next 
 25.2   state highway bond sale.  These funds shall be used in 
 25.3   accordance with the legislative authorization to sell state 
 25.4   highway bonds.  The commissioner shall return these funds to the 
 25.5   general fund or replace the funds used from the trunk highway 
 25.6   fund by transferring proceeds when received.  The amounts of 
 25.7   these transfers are appropriated from the general fund and from 
 25.8   the state highway bond proceeds. 
 25.9      Sec. 2.  Minnesota Statutes 2000, section 16B.54, 
 25.10  subdivision 2, is amended to read: 
 25.11     Subd. 2.  [VEHICLES.] (a)  [ACQUISITION FROM AGENCY; 
 25.12  APPROPRIATION.] The commissioner may direct an agency to make a 
 25.13  transfer of a passenger motor vehicle or truck currently 
 25.14  assigned to it.  The transfer must be made to the commissioner 
 25.15  for use in the central motor pool.  The commissioner shall 
 25.16  reimburse an agency whose motor vehicles have been paid for with 
 25.17  funds dedicated by the constitution for a special purpose and 
 25.18  which are assigned to the central motor pool.  The amount of 
 25.19  reimbursement for a motor vehicle is its average wholesale price 
 25.20  as determined from the midwest edition of the National 
 25.21  Automobile Dealers Association official used car guide. 
 25.22     (b)  [PURCHASE.] To the extent that funds are available for 
 25.23  the purpose, the commissioner may purchase or otherwise acquire 
 25.24  additional passenger motor vehicles and trucks necessary for the 
 25.25  central motor pool.  The title to all motor vehicles assigned to 
 25.26  or purchased or acquired for the central motor pool is in the 
 25.27  name of the department of administration.  
 25.28     (c)  [TRANSFER AT AGENCY REQUEST.] On the request of an 
 25.29  agency, the commissioner may transfer to the central motor pool 
 25.30  any passenger motor vehicle or truck for the purpose of 
 25.31  disposing of it.  The department or agency transferring the 
 25.32  vehicle or truck must be paid for it from the motor pool 
 25.33  revolving account established by this section in an amount equal 
 25.34  to two-thirds of the average wholesale price of the vehicle or 
 25.35  truck as determined from the midwest edition of the National 
 25.36  Automobile Dealers Association official used car guide. 
 26.1      (d)  [VEHICLES; MARKING.] The commissioner shall provide 
 26.2   for the uniform marking of all motor vehicles.  Motor vehicle 
 26.3   colors must be selected from the regular color chart provided by 
 26.4   the manufacturer each year.  The commissioner may further 
 26.5   provide for the use of motor vehicles without marking by: 
 26.6      (1) the governor; 
 26.7      (2) the lieutenant governor; 
 26.8      (3) the division of criminal apprehension, the division of 
 26.9   alcohol and gambling enforcement, and arson investigators of the 
 26.10  division of fire marshal in the department of public safety; 
 26.11     (4) the financial institutions division of the department 
 26.12  of commerce; 
 26.13     (5) the division of disease prevention and control of the 
 26.14  department of health; 
 26.15     (6) the state lottery; 
 26.16     (7) criminal investigators of the department of revenue; 
 26.17     (8) state-owned community service facilities in the 
 26.18  department of human services; 
 26.19     (9) the investigative staff of the department of economic 
 26.20  security; and 
 26.21     (10) the office of the attorney general; and 
 26.22     (11) the investigative staff of the gambling control board. 
 26.23     Sec. 3.  Minnesota Statutes 2000, section 161.23, 
 26.24  subdivision 3, is amended to read: 
 26.25     Subd. 3.  [LEASING.] The commissioner may lease for the 
 26.26  term between the acquisition and sale thereof and for a fair 
 26.27  rental rate and upon such terms and conditions as the 
 26.28  commissioner deems proper, any excess real estate acquired under 
 26.29  the provisions of this section, and any real estate acquired in 
 26.30  fee for trunk highway purposes and not presently needed therefor 
 26.31  for those purposes.  All rents received from the leases shall 
 26.32  must be paid into the state treasury.  Seventy percent of the 
 26.33  rents shall must be credited to the trunk highway fund.  The 
 26.34  remaining 30 percent shall must be paid to the county treasurer 
 26.35  where the real estate is located, and shall be distributed in 
 26.36  the same manner as real estate taxes.  This subdivision does not 
 27.1   apply to real estate leased for the purpose of providing 
 27.2   commercial and public service advertising pursuant to franchise 
 27.3   agreements as provided in sections 160.276 to 160.278 or to fees 
 27.4   collected under section 174.70, subdivision 2. 
 27.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 27.6   following final enactment. 
 27.7      Sec. 4.  Minnesota Statutes 2000, section 161.32, 
 27.8   subdivision 1, is amended to read: 
 27.9      Subdivision 1.  [ADVERTISEMENT FOR BIDS.] The commissioner 
 27.10  may conduct the work or any part thereof of the work incidental 
 27.11  to the construction and maintenance of the trunk highways by 
 27.12  labor employed therefor to do the work or by contract.  In cases 
 27.13  of construction work, the commissioner shall first advertise for 
 27.14  bids for contracts, and if no satisfactory bids are received, 
 27.15  may either reject all bids and readvertise, or do the work by 
 27.16  labor employed therefor to do the work.  Except as hereinafter 
 27.17  provided in subdivision 3 or 4, when work is to be done under 
 27.18  contract, the commissioner shall advertise for bids once each 
 27.19  week for three successive weeks prior to the date such the bids 
 27.20  are to be received.  The advertisement for bids shall must be 
 27.21  published in a newspaper or other periodical of general 
 27.22  circulation in the state and may be placed on the Internet.  The 
 27.23  plans and specifications for the proposed work shall must be on 
 27.24  file in the commissioner's office prior to the first call for 
 27.25  bids. 
 27.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 27.27  following final enactment. 
 27.28     Sec. 5.  Minnesota Statutes 2000, section 161.32, 
 27.29  subdivision 1a, is amended to read: 
 27.30     Subd. 1a.  [STANDARD SPECIFICATIONS, SECURITY.] Contracts 
 27.31  under this section must be based on specifications prescribed by 
 27.32  the commissioner.  Each bidder for a contract must shall furnish 
 27.33  security approved by the commissioner to ensure completion of 
 27.34  the contract.  The commissioner may require that bid, 
 27.35  performance or payment bonds, or other security be furnished 
 27.36  electronically.  
 28.1      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 28.2   following final enactment. 
 28.3      Sec. 6.  Minnesota Statutes 2000, section 161.32, 
 28.4   subdivision 1b, is amended to read: 
 28.5      Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 
 28.6   bids electronically in a form and manner required by the 
 28.7   commissioner.  Trunk highway construction contracts, including 
 28.8   design-build contracts, must be awarded to the lowest 
 28.9   responsible bidder, taking into consideration conformity with 
 28.10  the specifications, the purpose for which the contract or 
 28.11  purchase is intended, the status and capability of the vendor, 
 28.12  and other considerations imposed in the call for bids.  The 
 28.13  commissioner may decide which is the lowest responsible bidder 
 28.14  for all contracts and may use the principles of life-cycle 
 28.15  costing, where when appropriate, in determining the lowest 
 28.16  overall bid.  Any or all bids may be rejected.  In a case 
 28.17  where When competitive bids are required and where all bids are 
 28.18  rejected, new bids, if solicited, must be called for as in the 
 28.19  first instance, unless otherwise provided by law. 
 28.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 28.21  following final enactment. 
 28.22     Sec. 7.  Minnesota Statutes 2000, section 161.32, 
 28.23  subdivision 1e, is amended to read: 
 28.24     Subd. 1e.  [RECORD.] A record must be kept of all bids, 
 28.25  including names of bidders, amounts of bids, and each successful 
 28.26  bid.  After the contract is awarded, this record is open to 
 28.27  public inspection and may be posted on the Internet. 
 28.28     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 28.29  following final enactment. 
 28.30     Sec. 8.  [161.3201] [RESTRICTION ON IMPOSITION OF BACK 
 28.31  WAGES.] 
 28.32     (a) Notwithstanding any other law, the commissioner of 
 28.33  transportation may not require the payment of back wages by a 
 28.34  contractor based on an application of sections 177.41 to 177.44 
 28.35  if the contract is for the construction or reconstruction of a 
 28.36  trunk highway and was entered into before the date of adoption 
 29.1   of the rules of the commissioner of labor and industry relating 
 29.2   to rental rates for trucks on public works highway projects and 
 29.3   coverage of prevailing wage law under Minnesota Statutes, 
 29.4   sections 177.43 and 177.44, as published in 25 State Register 
 29.5   772 (October 2, 2000). 
 29.6      (b) The commissioner shall include in all advertisements 
 29.7   for bids for trunk highway construction and reconstruction 
 29.8   contracts adequate notice to bidders regarding the department's 
 29.9   enforcement of the rules described in paragraph (a).  
 29.10     Sec. 9.  [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 
 29.11  CORRIDOR DEVELOPMENT.] 
 29.12     Subdivision 1.  [CORRIDOR DEVELOPMENT.] By agreement with 
 29.13  the commissioner, a road authority other than the commissioner 
 29.14  or two or more road authorities that have entered into a joint 
 29.15  powers agreement under section 471.59 may make advances from any 
 29.16  available funds to the commissioner to expedite development of 
 29.17  an interregional transportation corridor, including funds for 
 29.18  design consultants, for right-of-way purchases, for 
 29.19  construction, or for other related expenditures. 
 29.20     Subd. 2.  [REPAYMENT.] Subject to the availability of state 
 29.21  money, the commissioner shall repay the amount advanced under 
 29.22  this section, up to the state's share of costs, under terms of 
 29.23  the agreement.  The agreement may provide for payment of 
 29.24  interest on the amount of advanced funds.  The maximum interest 
 29.25  rate that may be paid is the rate earned by the state on 
 29.26  invested treasurer's cash for the month before the date the 
 29.27  agreement is executed or the actual interest paid by the road 
 29.28  authority in borrowing for the amount advanced, whichever rate 
 29.29  is less.  The total amount of annual repayment to road 
 29.30  authorities under this section and section 161.361 must never 
 29.31  exceed the amount stated in the department's debt management 
 29.32  policy or $10,000,000, whichever is less. 
 29.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 29.34  following final enactment. 
 29.35     Sec. 10.  Minnesota Statutes 2000, section 162.06, 
 29.36  subdivision 3, is amended to read: 
 30.1      Subd. 3.  [DISASTER ACCOUNT.] (a) After deducting 
 30.2   administrative costs as provided in subdivision 2, the 
 30.3   commissioner shall set aside each year a sum of money equal to 
 30.4   one percent of the remaining money in the county state-aid 
 30.5   highway fund to provide for a disaster account; provided that 
 30.6   the total amount of money in the disaster account shall must 
 30.7   never exceed one two percent of the total sums to be apportioned 
 30.8   to the counties.  This sum shall must be used to provide aid to 
 30.9   any county encountering disasters or unforeseen events affecting 
 30.10  its county state-aid highway system, and resulting in an undue 
 30.11  and burdensome financial hardship.  
 30.12     (b) Any county desiring aid by reason of such disaster or 
 30.13  unforeseen event shall request the aid in the form required by 
 30.14  the commissioner.  Upon receipt of the request, the commissioner 
 30.15  shall appoint a board consisting of two representatives of the 
 30.16  counties, who must be either a county engineer or member of a 
 30.17  county board, from counties other than the requesting county, 
 30.18  and a representative of the commissioner.  The board shall 
 30.19  investigate the matter and report its findings and 
 30.20  recommendations in writing to the commissioner.  
 30.21     (c) Final determination of the amount of aid, if any, to be 
 30.22  paid to the county from the disaster account shall must be made 
 30.23  by the commissioner.  Upon determining to aid any such a 
 30.24  requesting county, the commissioner shall certify to the 
 30.25  commissioner of finance the amount of the aid, and the 
 30.26  commissioner of finance shall thereupon then issue a warrant in 
 30.27  that amount payable to the county treasurer of the county.  
 30.28  Money so paid shall must be expended on the county state-aid 
 30.29  highway system in accordance with the rules of the commissioner. 
 30.30     Sec. 11.  Minnesota Statutes 2000, section 162.12, 
 30.31  subdivision 3, is amended to read: 
 30.32     Subd. 3.  [DISASTER ACCOUNT.] (a) After deducting 
 30.33  administrative costs as provided in subdivision 2, the 
 30.34  commissioner shall set aside each year a sum of money equal to 
 30.35  two percent of the remaining money in the municipal state-aid 
 30.36  street fund to provide for a disaster account; provided, that 
 31.1   the total amount of money in the disaster account shall must 
 31.2   never exceed five three percent of the total sums to be 
 31.3   apportioned to the statutory and home rule charter cities having 
 31.4   a population of 5,000 or more.  The disaster account shall must 
 31.5   be used to provide aid to any such city encountering disaster or 
 31.6   unforeseen event affecting the municipal state-aid street system 
 31.7   of the city, and resulting in an undue and burdensome financial 
 31.8   hardship. 
 31.9      (b) Any such city desiring aid by reason of such disaster 
 31.10  or unforeseen event shall request aid in the form required by 
 31.11  the commissioner. Upon receipt of the request the commissioner 
 31.12  shall appoint a board consisting of two representatives of the 
 31.13  cities, who must be either a city engineer or member of the 
 31.14  governing body of a city, from cities other than the requesting 
 31.15  city, and a representative of the commissioner.  The board shall 
 31.16  investigate the matter and report its findings and 
 31.17  recommendations in writing to the commissioner.  
 31.18     (c) Final determination of the amount of aid, if any, to be 
 31.19  paid to the city from the disaster account shall must be made by 
 31.20  the commissioner.  Upon determining to aid the city, the 
 31.21  commissioner shall certify to the commissioner of finance the 
 31.22  amount of aid, and the commissioner of finance shall 
 31.23  thereupon then issue a warrant in that amount payable to the 
 31.24  fiscal officer of the city.  Money so paid shall must be 
 31.25  expended on the municipal state-aid street system in accordance 
 31.26  with rules of the commissioner. 
 31.27     Sec. 12.  Minnesota Statutes 2000, section 165.05, is 
 31.28  amended by adding a subdivision to read: 
 31.29     Subd. 3.  [BRIDGE UPGRADE ASSISTANCE.] The local road 
 31.30  authority may contract with a common carrier by rail, as defined 
 31.31  in section 218.011, who owns a railroad bridge to be 
 31.32  reconstructed, to provide joint and matching financial 
 31.33  assistance to expand or otherwise upgrade the railroad bridge 
 31.34  over a street or highway when the local road authority deems 
 31.35  assistance would be advantageous to meet street or highway 
 31.36  needs.  The financial assistance provided is limited to the 
 32.1   costs connected with the additional construction necessary to 
 32.2   upgrade the bridge from its current condition to a structure 
 32.3   that meets present or future street or highway needs as 
 32.4   determined by the local road authority.  The local road 
 32.5   authority may not provide any financial assistance under this 
 32.6   subdivision for either commuter rail or light rail transit 
 32.7   projects or purposes.  This subdivision does not limit the 
 32.8   commissioner's authority to assign costs of a rail-highway grade 
 32.9   separation to a local road authority under section 219.072 or 
 32.10  219.40. 
 32.11     Sec. 13.  [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND 
 32.12  PROCEEDS.] 
 32.13     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 32.14  subdivision apply to this section. 
 32.15     (b) "State trunk highway bond-financed property" means 
 32.16  property acquired, improved, or maintained in whole or in part 
 32.17  with the proceeds of state trunk highway bonds authorized to be 
 32.18  issued under article XIV, section 11, of the Minnesota 
 32.19  Constitution. 
 32.20     (c) "Outstanding state trunk highway bonds" means the 
 32.21  dollar amount of state trunk highway bonds, including any 
 32.22  refunding state trunk highway bonds, issued with respect to 
 32.23  state trunk highway bond-financed property, less the principal 
 32.24  amount of state trunk highway bonds paid or defeased. 
 32.25     Subd. 2.  [LEASES.] (a) State trunk highway bond-financed 
 32.26  property may only be leased (1) for those purposes authorized by 
 32.27  law, (2) in accordance with the requirements of all other 
 32.28  applicable laws and duly adopted rules, and orders, if any, of 
 32.29  the commissioner of finance intended to ensure the legality and 
 32.30  tax-exempt status of outstanding state trunk highway bonds, and 
 32.31  (3) with the approval of the commissioner of finance.  A lease 
 32.32  of state trunk highway bond-financed property, including any 
 32.33  renewals that are solely at the option of the lessee, must be 
 32.34  for a term substantially less than the useful life of the state 
 32.35  trunk highway bond-financed property, but may allow renewal 
 32.36  beyond that term upon a determination by the commissioner of 
 33.1   transportation that the use continues to be authorized by law 
 33.2   and that the additional term is authorized by law.  A lease of 
 33.3   state trunk highway bond-financed property must be terminable by 
 33.4   the commissioner of transportation if the other contracting 
 33.5   party defaults under the contract, and must provide for 
 33.6   oversight by the commissioner of transportation. 
 33.7      (b) Notwithstanding any other law, money received by the 
 33.8   state under a lease of state trunk highway bond-financed 
 33.9   property must be paid to the commissioner of transportation, 
 33.10  deposited in the state trunk highway fund, and used to pay or 
 33.11  redeem or defease any outstanding state trunk highway bonds in 
 33.12  accordance with the commissioner of finance's order authorizing 
 33.13  their issuance.  The money paid to the commissioner of 
 33.14  transportation is appropriated for this purpose.  Money in 
 33.15  excess of the foregoing requirement must be applied as otherwise 
 33.16  required by law. 
 33.17     Subd. 3.  [SALES.] (a) State trunk highway bond-financed 
 33.18  property must not be sold unless the sale (1) is for a purpose 
 33.19  authorized by law, (2) is conducted in accordance with 
 33.20  applicable law and duly adopted rules, (3) is made in accordance 
 33.21  with orders, if any, of the commissioner of finance intended to 
 33.22  ensure the legality and tax-exempt status of outstanding state 
 33.23  trunk highway bonds, and (4) is approved by the commissioner of 
 33.24  finance.  
 33.25     (b) Notwithstanding any other law, the net proceeds of a 
 33.26  sale of any state trunk highway bond-financed property must be 
 33.27  paid to the commissioner of transportation, deposited in the 
 33.28  state trunk highway fund, and used to pay or redeem or defease 
 33.29  any outstanding trunk highway bonds in accordance with the 
 33.30  commissioner of finance's order authorizing their issuance.  The 
 33.31  net proceeds of sale paid to the commissioner of transportation 
 33.32  are appropriated for these purposes.  Any net proceeds of sale 
 33.33  in excess of the foregoing requirement must be applied as 
 33.34  otherwise required by law.  When all of the net proceeds of sale 
 33.35  have been applied as provided in this subdivision, the sold 
 33.36  property is no longer considered state trunk highway 
 34.1   bond-financed property. 
 34.2      Subd. 4.  [RELATION TO OTHER LAWS.] This section applies to 
 34.3   all state trunk highway bond-financed property unless otherwise 
 34.4   provided by law. 
 34.5      Sec. 14.  Minnesota Statutes 2000, section 168.012, 
 34.6   subdivision 1, is amended to read: 
 34.7      Subdivision 1.  [VEHICLES EXEMPT FROM TAX AND REGISTRATION 
 34.8   FEES.] (a) The following vehicles are exempt from the provisions 
 34.9   of this chapter requiring payment of tax and registration fees, 
 34.10  except as provided in subdivision 1c:  
 34.11     (1) vehicles owned and used solely in the transaction of 
 34.12  official business by the federal government, the state, or any 
 34.13  political subdivision; 
 34.14     (2) vehicles owned and used exclusively by educational 
 34.15  institutions and used solely in the transportation of pupils to 
 34.16  and from such those institutions; 
 34.17     (3) vehicles used solely in driver education programs at 
 34.18  nonpublic high schools; 
 34.19     (4) vehicles owned by nonprofit charities and used 
 34.20  exclusively to transport disabled persons for educational 
 34.21  purposes; 
 34.22     (5) vehicles owned and used by honorary consul; 
 34.23     (6) ambulances owned by ambulance services licensed under 
 34.24  section 144E.10, the general appearance of which is 
 34.25  unmistakable; and 
 34.26     (7) vehicles owned by a commercial driving school licensed 
 34.27  under section 171.34, or an employee of a commercial driving 
 34.28  school licensed under section 171.34, and the vehicle is used 
 34.29  exclusively for driver education and training. 
 34.30     (b) Vehicles owned by the federal government, municipal 
 34.31  fire apparatuses including fire-suppression support vehicles, 
 34.32  police patrols, and ambulances, the general appearance of which 
 34.33  is unmistakable, shall are not be required to register or 
 34.34  display number plates.  
 34.35     (c) Unmarked vehicles used in general police work, liquor 
 34.36  investigations, or arson investigations, and passenger 
 35.1   automobiles, pickup trucks, and buses owned or operated by the 
 35.2   department of corrections shall, must be registered and shall 
 35.3   must display appropriate license number plates which shall be, 
 35.4   furnished by the registrar at cost.  Original and renewal 
 35.5   applications for these license plates authorized for use in 
 35.6   general police work and for use by the department of corrections 
 35.7   must be accompanied by a certification signed by the appropriate 
 35.8   chief of police if issued to a police vehicle, the appropriate 
 35.9   sheriff if issued to a sheriff's vehicle, the commissioner of 
 35.10  corrections if issued to a department of corrections vehicle, or 
 35.11  the appropriate officer in charge if issued to a vehicle of any 
 35.12  other law enforcement agency.  The certification must be on a 
 35.13  form prescribed by the commissioner and state that the vehicle 
 35.14  will be used exclusively for a purpose authorized by this 
 35.15  section.  
 35.16     (d) Unmarked vehicles used by the departments of revenue 
 35.17  and labor and industry, fraud unit, in conducting seizures or 
 35.18  criminal investigations must be registered and must display 
 35.19  passenger vehicle classification license number plates which 
 35.20  shall be, furnished at cost by the registrar.  Original and 
 35.21  renewal applications for these passenger vehicle license plates 
 35.22  must be accompanied by a certification signed by the 
 35.23  commissioner of revenue or the commissioner of labor and 
 35.24  industry.  The certification must be on a form prescribed by the 
 35.25  commissioner and state that the vehicles will be used 
 35.26  exclusively for the purposes authorized by this section. 
 35.27     (e) Unmarked vehicles used by the division of disease 
 35.28  prevention and control of the department of health must be 
 35.29  registered and must display passenger vehicle classification 
 35.30  license number plates.  These plates must be furnished at cost 
 35.31  by the registrar.  Original and renewal applications for these 
 35.32  passenger vehicle license plates must be accompanied by a 
 35.33  certification signed by the commissioner of health.  The 
 35.34  certification must be on a form prescribed by the commissioner 
 35.35  and state that the vehicles will be used exclusively for the 
 35.36  official duties of the division of disease prevention and 
 36.1   control.  
 36.2      (f) Unmarked vehicles used by staff of the gambling control 
 36.3   board in gambling investigations and reviews must be registered 
 36.4   and must display passenger vehicle classification license number 
 36.5   plates.  These plates must be furnished at cost by the 
 36.6   registrar.  Original and renewal applications for these 
 36.7   passenger vehicle license plates must be accompanied by a 
 36.8   certification signed by the board chair.  The certification must 
 36.9   be on a form prescribed by the commissioner and state that the 
 36.10  vehicles will be used exclusively for the official duties of the 
 36.11  gambling control board.  
 36.12     (g) All other motor vehicles shall must be registered and 
 36.13  display tax-exempt number plates which shall be, furnished by 
 36.14  the registrar at cost, except as provided in subdivision 1c.  
 36.15  All vehicles required to display tax-exempt number plates shall 
 36.16  must have the name of the state department or political 
 36.17  subdivision, nonpublic high school operating a driver education 
 36.18  program, or licensed commercial driving school, on the vehicle 
 36.19  plainly displayed on both sides of the vehicle; except that each 
 36.20  state hospital and institution for the mentally ill and mentally 
 36.21  retarded may have one vehicle without the required 
 36.22  identification on the sides of the vehicle, and county social 
 36.23  service agencies may have vehicles used for child and vulnerable 
 36.24  adult protective services without the required identification on 
 36.25  the sides of the vehicle.  Such This identification shall must 
 36.26  be in a color giving contrast with that of the part of the 
 36.27  vehicle on which it is placed and shall must endure throughout 
 36.28  the term of the registration.  The identification must not be on 
 36.29  a removable plate or placard and shall must be kept clean and 
 36.30  visible at all times; except that a removable plate or placard 
 36.31  may be utilized on vehicles leased or loaned to a political 
 36.32  subdivision or to a nonpublic high school driver education 
 36.33  program. 
 36.34     Sec. 15.  [168.1299] [SPECIAL "CHOOSE LIFE" PLATES; 
 36.35  ACCOUNT.] 
 36.36     Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 
 37.1   The registrar shall issue special "choose life" license plates 
 37.2   to an applicant who: 
 37.3      (1) is an owner or joint owner of a passenger automobile, 
 37.4   pickup truck, or van; 
 37.5      (2) pays a fee of $10 to cover the costs of handling and 
 37.6   manufacturing the plates; 
 37.7      (3) pays the registration tax required under section 
 37.8   168.013; 
 37.9      (4) pays the fees required under this chapter; 
 37.10     (5) pays a minimum contribution of $25 annually to the 
 37.11  special account created in subdivision 6; and 
 37.12     (6) complies with laws and rules governing registration and 
 37.13  licensing of vehicles and drivers. 
 37.14     (b) The "choose life" license plate application form must 
 37.15  clearly indicate that the contribution specified under paragraph 
 37.16  (a), clause (5), is a minimum annual contribution to receive the 
 37.17  license plates and that the applicant may make an additional 
 37.18  contribution to the account. 
 37.19     Subd. 2.  [DESIGN.] The registrar shall approve the design 
 37.20  of the special plates featuring a brightly colored, crayon-like 
 37.21  drawing image of two children, a school bus yellow background, 
 37.22  and the words "choose life."  The design, which must be used, is 
 37.23  available from Choose Life, Inc., located in Florida. 
 37.24     Subd. 3.  [NO REFUND.] Contributions under this section are 
 37.25  not refundable. 
 37.26     Subd. 4.  [PLATE TRANSFERS.] Notwithstanding section 
 37.27  168.12, subdivision 1, on payment of a transfer fee of $5, 
 37.28  plates issued under this section may be transferred to another 
 37.29  passenger automobile, pickup truck, or van owned or jointly 
 37.30  owned by the person to whom the special plates were issued. 
 37.31     Subd. 5.  [FEES CREDITED.] The fees collected under this 
 37.32  section, not including the contributions collected under 
 37.33  subdivision 1, paragraph (a), clause (5), must be deposited in 
 37.34  the state treasury and credited to the highway user tax 
 37.35  distribution fund. 
 37.36     Subd. 6.  [ADOPTION SUPPORT ACCOUNT.] (a) Contributions 
 38.1   under subdivision 1, paragraph (a), clause (5), must be paid to 
 38.2   the registrar of motor vehicles and credited to a special 
 38.3   account known as the adoption support account, which is 
 38.4   established in the general fund.  Money in the account is 
 38.5   annually appropriated to the counties in proportion to the 
 38.6   number of "choose life" license plates issued in each county as 
 38.7   shown by the registrar's record under subdivision 7. 
 38.8      (b) Each county receiving funds under this subdivision 
 38.9   shall distribute the funds to nongovernmental, nonprofit 
 38.10  agencies whose services are limited to counseling and meeting 
 38.11  the physical needs of pregnant women who are committed to 
 38.12  placing their children for adoption.  Funds may not be 
 38.13  distributed to any agency that is directly or indirectly 
 38.14  involved in or associated with abortion activities, including 
 38.15  (1) counseling for or referrals to abortion clinics; (2) 
 38.16  providing medical abortion-related procedures; or (3) 
 38.17  pro-abortion advertising.  Funds may not be distributed to any 
 38.18  agency that charges women for services received. 
 38.19     (c) An agency that receives funds under this subdivision 
 38.20  must use at least 70 percent of those funds to (1) provide for 
 38.21  the material needs of pregnant women who are committed to 
 38.22  placing their children for adoption, including clothing, 
 38.23  housing, medical care, food, utilities, and transportation; or 
 38.24  (2) provide for the needs of infants awaiting placement with 
 38.25  adoptive parents. 
 38.26     (d) An agency that receives funds under this subdivision 
 38.27  shall spend any funds remaining after expenditures for the 
 38.28  purposes of paragraph (c) for adoption counseling, training, or 
 38.29  advertising, but not for administrative expenses, legal 
 38.30  expenses, or capital expenditures. 
 38.31     (e) An agency that receives funds under this subdivision 
 38.32  shall submit an annual audit, prepared by a certified public 
 38.33  accountant, to the county.  The county may conduct a 
 38.34  consolidated audit in lieu of the annual audit.  Unused funds 
 38.35  that exceed ten percent of the funds received by an agency in a 
 38.36  fiscal year must be returned to the county, and the county shall 
 39.1   distribute these funds to other qualified agencies. 
 39.2      Subd. 7.  [RECORD.] The registrar of motor vehicles shall 
 39.3   maintain a record of the number of license plates issued in each 
 39.4   county in order to determine the amount of money in the adoption 
 39.5   support account available to each county. 
 39.6      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2001.  
 39.7      Sec. 16.  Minnesota Statutes 2000, section 168.33, 
 39.8   subdivision 7, is amended to read: 
 39.9      Subd. 7.  [FILING FEE.] (a) In addition to all other 
 39.10  statutory fees and taxes, a filing fee of $3.50 $4.50 is imposed 
 39.11  on every application motor vehicle registration renewal, 
 39.12  excluding prorate transactions, and a filing fee of $7 is 
 39.13  imposed on every other type of vehicle transaction, including 
 39.14  prorate transactions; except that a filing fee may not be 
 39.15  charged for a document returned for a refund or for a correction 
 39.16  of an error made by the department of public safety, a licensed 
 39.17  motor vehicle dealer, or a deputy registrar.  The filing 
 39.18  fee shall must be shown as a separate item on all registration 
 39.19  renewal notices sent out by the department of public safety.  No 
 39.20  filing fee or other fee may be charged for the permanent 
 39.21  surrender of a certificate of title and license plates for a 
 39.22  motor vehicle.  
 39.23     (b) Filing fees collected under this subdivision by the 
 39.24  registrar department must be paid into the state treasury and 
 39.25  credited to the highway user tax distribution fund, except fees 
 39.26  for registrations of motor vehicles.  Filing fees collected for 
 39.27  registrations of motor vehicles in conjunction with a title 
 39.28  transfer or first application in this state must be paid into 
 39.29  the state treasury with 50 percent of the money credited to the 
 39.30  general fund and 50 percent credited to the highway user tax 
 39.31  distribution fund. 
 39.32     (c) A motor vehicle dealer shall retain $2.50 of each 
 39.33  filing fee imposed under this subdivision for a completed 
 39.34  transaction involving the sale of a motor vehicle to or by a 
 39.35  licensed dealer, if the dealer electronically transmits the 
 39.36  transaction to the registrar or deputy registrar. The department 
 40.1   shall develop procedures to implement this subdivision, in 
 40.2   consultation with the Minnesota deputy registrar association and 
 40.3   the Minnesota automobile dealers association.  Deputy registrars 
 40.4   shall not be prohibited from receiving and processing required 
 40.5   documents supporting an electronic transaction. 
 40.6      Sec. 17.  Minnesota Statutes 2000, section 169.67, 
 40.7   subdivision 3, is amended to read: 
 40.8      Subd. 3.  [TRAILER, SEMITRAILER.] (a) No trailer or 
 40.9   semitrailer with a gross weight of 3,000 or more pounds, or a 
 40.10  gross weight that exceeds the empty weight of the towing 
 40.11  vehicle, may be drawn on a highway unless it is equipped with 
 40.12  brakes that are adequate to control the movement of and to stop 
 40.13  and hold the trailer or semitrailer.  A surge brake on a trailer 
 40.14  or semitrailer meets the requirement of this paragraph for 
 40.15  brakes adequate to stop and hold the trailer or semitrailer.  
 40.16     (b) No trailer or semitrailer that is required to have 
 40.17  brakes and that has a gross weight of more than 6,000 pounds may 
 40.18  be drawn on a highway unless it is equipped with brakes that are 
 40.19  so constructed that they are adequate to stop and hold the 
 40.20  trailer or semitrailer whenever it becomes detached from the 
 40.21  towing vehicle. 
 40.22     (c) Except as provided in paragraph (d), paragraph (a) does 
 40.23  not apply to: 
 40.24     (1) a trailer used by a farmer while transporting farm 
 40.25  products produced on the user's farm, or supplies back to the 
 40.26  farm of the trailer's user; 
 40.27     (2) a towed custom service vehicle drawn by a motor vehicle 
 40.28  that is equipped with brakes that meet the standards of 
 40.29  subdivision 5, provided that such a towed custom service vehicle 
 40.30  that exceeds 30,000 pounds gross weight may not be drawn at a 
 40.31  speed of more than 45 miles per hour; 
 40.32     (3) a trailer or semitrailer operated or used by retail 
 40.33  dealers of implements of husbandry while engaged exclusively in 
 40.34  the delivery of implements of husbandry; 
 40.35     (4) a motor vehicle drawn by another motor vehicle that is 
 40.36  equipped with brakes that meet the standards of subdivision 5; 
 41.1      (5) a tank trailer of not more than 12,000 pounds gross 
 41.2   weight owned by a distributor of liquid fertilizer while engaged 
 41.3   exclusively in transporting liquid fertilizer, or gaseous 
 41.4   fertilizer under pressure; 
 41.5      (6) a trailer of not more than 12,000 pounds gross weight 
 41.6   owned by a distributor of dry fertilizer while engaged 
 41.7   exclusively in the transportation of dry fertilizer; and 
 41.8      (7) a disabled vehicle while being towed to a place of 
 41.9   repair. 
 41.10     (d) Vehicles described in paragraph (c), clauses (1), (3), 
 41.11  and (4), may be operated without complying with paragraph (a) 
 41.12  only if the trailer or semitrailer does not exceed the following 
 41.13  gross weights: 
 41.14     (1) 3,000 pounds while being drawn by a vehicle registered 
 41.15  as a passenger automobile, other than a pickup truck as defined 
 41.16  in section 168.011, subdivision 29; 
 41.17     (2) 12,000 pounds while being drawn by any other motor 
 41.18  vehicle except a self-propelled implement of husbandry.  
 41.19     Sec. 18.  Minnesota Statutes 2000, section 174.35, is 
 41.20  amended to read: 
 41.21     174.35 [LIGHT RAIL TRANSIT.] 
 41.22     The commissioner of transportation may exercise the powers 
 41.23  granted in this chapter and chapter 473, as necessary, to plan, 
 41.24  design, acquire, construct, and equip light rail transit 
 41.25  facilities in the metropolitan area as defined in section 
 41.26  473.121, subdivision 2.  The commissioner shall not spend state 
 41.27  funds to study light rail transit unless the funds are 
 41.28  appropriated in legislation that identifies the proposed route 
 41.29  to be studied. 
 41.30     Sec. 19.  [174.36] [NOTICE OF STUDIES OF HIGH-SPEED RAIL.] 
 41.31     The commissioner shall notify the chairs of the senate and 
 41.32  house of representatives committees with jurisdiction over 
 41.33  transportation finance whenever the commissioner spends state 
 41.34  funds to study high-speed intercity passenger rail service. 
 41.35     Sec. 20.  Minnesota Statutes 2000, section 174.55, 
 41.36  subdivision 4, is amended to read: 
 42.1      Subd. 4.  [COMMISSIONER REPORT.] The commissioner of 
 42.2   transportation shall report to the commission not later than 
 42.3   July 15 of each year.  The report must consist of a listing of 
 42.4   candidate projects that meet the criteria of major 
 42.5   transportation projects within the definition in subdivision 5, 
 42.6   and a listing of proposed projects for study that the 
 42.7   commissioner believes have the potential of being major 
 42.8   transportation projects but do not have draft environmental 
 42.9   impact statements.  The report must include the commissioner's 
 42.10  plan for funding and implementation of each project. 
 42.11     Sec. 21.  Minnesota Statutes 2000, section 174.55, 
 42.12  subdivision 5, is amended to read: 
 42.13     Subd. 5.  [MAJOR TRANSPORTATION PROJECT.] A major 
 42.14  transportation project is a project that meets each of the 
 42.15  following criteria: 
 42.16     (1) involves the department of transportation; 
 42.17     (2) has a total cost of more than $5,000,000 has a 
 42.18  construction cost, in the year in which construction is expected 
 42.19  to begin, that exceeds 25 percent of the estimated annual 
 42.20  construction program of the department division or construction 
 42.21  district in which the project is located; and 
 42.22     (3) is a critical element of the transportation system of 
 42.23  its region and the state; and 
 42.24     (4) has a completed draft environmental impact statement.  
 42.25     Sec. 22.  Minnesota Statutes 2000, section 174.70, 
 42.26  subdivision 2, is amended to read: 
 42.27     Subd. 2.  [IMPLEMENTATION.] In order to facilitate 
 42.28  construction and maintenance of the initial backbone of the 
 42.29  state's communications system described in subdivision 1 systems 
 42.30  and to reduce the proliferation of communications towers, the 
 42.31  commissioner shall may, by purchase, lease, gift, exchange, or 
 42.32  other means, obtain sites for the erection of towers and the 
 42.33  location of equipment and shall may construct buildings and 
 42.34  structures needed for developing the state's communications 
 42.35  system systems.  The commissioner may negotiate with commercial 
 42.36  wireless service providers and other tower owners to obtain 
 43.1   sites, towers, and equipment.  Notwithstanding sections 161.433, 
 43.2   161.434, 161.45, and 161.46, the commissioner may by 
 43.3   agreement lease, allow, or permit commercial wireless service 
 43.4   providers or other tower owners to install privately owned 
 43.5   equipment on state-owned lands, buildings, and other structures 
 43.6   under the jurisdiction of the commissioner when it is practical 
 43.7   and feasible to do so.  The commissioner shall annually publish 
 43.8   a list of state-owned tower sites that are available to 
 43.9   commercial wireless service providers and other tower owners for 
 43.10  installation of their equipment on a first-come, first-served 
 43.11  basis for each tower or site.  The commissioner may not make 
 43.12  agreements that grant the exclusive use of towers.  After the 
 43.13  commissioner has agreed to make space available on a specific 
 43.14  tower or at a specific site, the commissioner shall charge a 
 43.15  site use fee for the value of the real property or structure 
 43.16  made available.  In lieu of a site use fee, the commissioner may 
 43.17  make agreements with commercial wireless service providers or 
 43.18  other tower owners to place state equipment on privately owned 
 43.19  towers and may accept (1) improvements such as tower 
 43.20  reinforcement, reconstruction, site development, or other site 
 43.21  improvements, to state-owned public safety the state's 
 43.22  communications systems facilities or real or personal property, 
 43.23  or (2) services provided by a commercial wireless service 
 43.24  provider.  This section must not be construed to create a right 
 43.25  to install privately owned towers on trunk highway right-of-way. 
 43.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 43.27  following final enactment. 
 43.28     Sec. 23.  Minnesota Statutes 2000, section 174.70, 
 43.29  subdivision 3, is amended to read: 
 43.30     Subd. 3.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
 43.31  under subdivision 2 must be deposited in the trunk highway 
 43.32  fund.  The fees so collected are appropriated to the 
 43.33  commissioner to pay for the commissioner's share and state 
 43.34  patrol's share of the costs of constructing developing and 
 43.35  maintaining the communication system sites communications 
 43.36  systems that serve state agencies. 
 44.1      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 44.2   following final enactment. 
 44.3      Sec. 24.  Minnesota Statutes 2000, section 174.88, 
 44.4   subdivision 2, is amended to read: 
 44.5      Subd. 2.  [EXPENDITURE OF STATE FUNDS.] The commissioner 
 44.6   shall not spend any state funds for construction or equipment of 
 44.7   commuter rail facilities unless the funds have been appropriated 
 44.8   by law specifically for those purposes.  The commissioner shall 
 44.9   not spend state funds to study commuter rail unless the funds 
 44.10  are appropriated in legislation that identifies the proposed 
 44.11  route to be studied. 
 44.12     Sec. 25.  [219.166] [ESTABLISHMENT OF QUIET ZONES.] 
 44.13     Subdivision 1.  [AUTHORITY.] A county, statutory or home 
 44.14  rule charter city, or town may by ordinance establish a defined 
 44.15  "quiet zone" in which the sounding of horns, whistles, or other 
 44.16  audible warnings by locomotives is regulated or prohibited.  A 
 44.17  quiet zone established under this section must consist of at 
 44.18  least one-half mile of railroad right-of-way.  All quiet zones, 
 44.19  regulations, and ordinances adopted under this section must 
 44.20  conform to federal law and the regulations of the Federal 
 44.21  Railroad Administration. 
 44.22     Subd. 2.  [STATE-AID FUNDS.] Notwithstanding any other law 
 44.23  to the contrary, but in accordance with the Minnesota 
 44.24  Constitution, article XIV, sections 7 and 8, counties and 
 44.25  statutory or home rule charter cities may spend their county 
 44.26  state-aid highway or municipal state-aid street allotments to 
 44.27  purchase, construct, and install the necessary signals and 
 44.28  barriers required to meet federal regulations when establishing 
 44.29  a quiet zone at intersections of the railway and any county 
 44.30  state-aid highway or municipal state-aid street, as applicable. 
 44.31     Sec. 26.  Minnesota Statutes 2000, section 222.63, 
 44.32  subdivision 4, is amended to read: 
 44.33     Subd. 4.  [DISPOSITION PERMITTED.] (a) The commissioner may 
 44.34  lease any rail line or right-of-way held in the state rail bank 
 44.35  or enter into an agreement with any person for the operation of 
 44.36  any rail line or right-of-way for any of the purposes set forth 
 45.1   in subdivision 2 in accordance with a fee schedule to be 
 45.2   developed by the commissioner. 
 45.3      (b) The commissioner may convey any rail line or 
 45.4   right-of-way, for consideration or for no consideration and upon 
 45.5   other terms as the commissioner may determine to be in the 
 45.6   public interest, to any other state agency or to a governmental 
 45.7   subdivision of the state having power by law to utilize it for 
 45.8   any of the purposes set forth in subdivision 2. 
 45.9      (c) The commissioner may convey a portion of previously 
 45.10  acquired rail bank right-of-way to a state agency or 
 45.11  governmental subdivision when the commissioner determines that: 
 45.12     (1) the portion to be conveyed is in excess of that needed 
 45.13  for the purposes stated in subdivision 2; 
 45.14     (2) the conveyance is upon terms and conditions agreed upon 
 45.15  by both the commissioner and the state agency or governmental 
 45.16  subdivision; 
 45.17     (3) after the sale, the rail bank corridor will continue to 
 45.18  meet the future public and commercial transportation and 
 45.19  transmission needs of the state; and 
 45.20     (4) the conveyance will not reduce the width of the rail 
 45.21  bank corridor to less than 50 feet. 
 45.22     (d) The commissioner may lease previously acquired state 
 45.23  rail bank right-of-way to a state agency or governmental 
 45.24  subdivision or to a private entity for nontransportation 
 45.25  purposes when: 
 45.26     (1) the portion to be leased is in excess of that needed 
 45.27  for the purposes stated in subdivision 2; 
 45.28     (2) the lease will not reduce the useable width of the rail 
 45.29  bank corridor to less than 50 feet; 
 45.30     (3) the cost of the lease is based on the fair market value 
 45.31  of the portion to be leased, as determined by appraisal; 
 45.32     (4) the lease allows the commissioner to terminate the 
 45.33  lease on 90 days' written notice to the lessee; and 
 45.34     (5) the lease prohibits the construction or erection of any 
 45.35  permanent structure within the 50-foot rail bank corridor and 
 45.36  requires any structure erected on the leased property to be 
 46.1   removed and the land restored to its original condition on 90 
 46.2   days' written notice to the lessee. 
 46.3      (e) Proceeds from a sale shall or lease must be deposited 
 46.4   in the rail bank maintenance account described in subdivision 8. 
 46.5      Sec. 27.  Minnesota Statutes 2000, section 297B.09, 
 46.6   subdivision 1, is amended to read: 
 46.7      Subdivision 1.  [GENERAL FUND SHARE.] (a) Money collected 
 46.8   and received under this chapter must be deposited as provided in 
 46.9   this subdivision.  
 46.10     (b) From July 1, 2001, to June 30, 2002, 30.86 percent of 
 46.11  the money collected and received must be deposited in the 
 46.12  highway user tax distribution fund, and the remaining 69.14 
 46.13  percent of the money must be deposited in the general fund.  
 46.14     (c) On and after July 1, 2002, thirty-two percent of the 
 46.15  money collected and received must be deposited in the highway 
 46.16  user tax distribution fund, and the remaining 68 percent of the 
 46.17  money must be deposited in the general fund.  
 46.18     Sec. 28.  Minnesota Statutes 2000, section 299A.41, 
 46.19  subdivision 4, is amended to read: 
 46.20     Subd. 4.  [PUBLIC SAFETY OFFICER.] "Public safety officer" 
 46.21  includes: 
 46.22     (1) a peace officer defined in section 626.84, subdivision 
 46.23  1, paragraph (c) or (f); 
 46.24     (2) a correction officer employed at a correctional 
 46.25  facility and charged with maintaining the safety, security, 
 46.26  discipline, and custody of inmates at the facility; 
 46.27     (3) an individual employed on a full-time basis by the 
 46.28  state or by a fire department of a governmental subdivision of 
 46.29  the state, who is engaged in any of the following duties: 
 46.30     (i) firefighting; 
 46.31     (ii) emergency motor vehicle operation; 
 46.32     (iii) investigation into the cause and origin of fires; 
 46.33     (iv) the provision of emergency medical services; or 
 46.34     (v) hazardous material responder; 
 46.35     (4) a legally enrolled member of a volunteer fire 
 46.36  department or member of an independent nonprofit firefighting 
 47.1   corporation who is engaged in the hazards of firefighting; 
 47.2      (5) a good samaritan while complying with the request or 
 47.3   direction of a public safety officer to assist the officer; 
 47.4      (6) a reserve police officer or a reserve deputy sheriff 
 47.5   while acting under the supervision and authority of a political 
 47.6   subdivision; 
 47.7      (7) a driver or attendant with a licensed basic or advanced 
 47.8   life support transportation service who is engaged in providing 
 47.9   emergency care; and 
 47.10     (8) a first responder who is certified by the commissioner 
 47.11  of health emergency medical services regulatory board to perform 
 47.12  basic emergency skills before the arrival of a licensed 
 47.13  ambulance service and who is a member of an organized service 
 47.14  recognized by a local political subdivision to respond to 
 47.15  medical emergencies to provide initial medical care before the 
 47.16  arrival of an ambulance; and 
 47.17     (9) a person, other than a state trooper, employed by the 
 47.18  commissioner of public safety and assigned to the state patrol, 
 47.19  whose primary employment is the enforcement of commercial motor 
 47.20  vehicle laws and regulations. 
 47.21     Sec. 29.  Minnesota Statutes 2000, section 446A.085, is 
 47.22  amended to read: 
 47.23     446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 
 47.24     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
 47.25  section, the terms defined in this subdivision have the meanings 
 47.26  given them. 
 47.27     (a)  [ACT.] (b) "Act" means the National Highway System 
 47.28  Designation Act of 1995, Public Law Number 104-59, as amended. 
 47.29     (b)  [BORROWER.] (c) "Borrower" means the state, counties, 
 47.30  cities, and other governmental entities eligible under the act 
 47.31  and state law to apply for and receive loans from the 
 47.32  transportation revolving loan fund, the trunk highway revolving 
 47.33  loan account, the county state-aid highway revolving loan 
 47.34  account, and the municipal state-aid street revolving loan 
 47.35  account. 
 47.36     (c)  [DEPARTMENT.] "Department" means the department of 
 48.1   transportation. 
 48.2      (d)  [LOAN.] "Loan" means financial assistance provided for 
 48.3   all or part of the cost of a project including money disbursed 
 48.4   in anticipation of reimbursement or repayment, loan guarantees, 
 48.5   lines of credit, credit enhancements, equipment financing 
 48.6   leases, bond insurance, or other forms of financial assistance. 
 48.7      (e)  [TRANSPORTATION COMMITTEE.] "Transportation committee" 
 48.8   means a committee of the Minnesota public facilities authority, 
 48.9   acting on behalf of the Minnesota public facilities authority, 
 48.10  consisting of the commissioner of the department of trade and 
 48.11  economic development, the commissioner of finance, and the 
 48.12  commissioner of transportation. 
 48.13     Subd. 2.  [PURPOSE.] The purpose of the transportation 
 48.14  revolving loan fund, the trunk highway revolving loan account, 
 48.15  the county state-aid highway revolving loan account, and the 
 48.16  municipal state-aid street revolving loan account is to provide 
 48.17  loans and matching money for public transportation projects 
 48.18  eligible for financing or aid under any federal act or program 
 48.19  or state law, including, without limitation, the study of the 
 48.20  feasibility of construction, reconstruction, resurfacing, 
 48.21  restoring, rehabilitation, or replacement of transportation 
 48.22  facilities; acquisition of right-of-way; and maintenance, 
 48.23  repair, improvement, or construction of city, town, county, or 
 48.24  state highways, roads, streets, rights-of-way, bridges, tunnels, 
 48.25  railroad-highway crossings, drainage structures, signs, 
 48.26  maintenance and operation facilities, guardrails, and protective 
 48.27  structures used in connection with highways or transit projects. 
 48.28  Enhancement items, including without limitation bicycle paths, 
 48.29  ornamental lighting, and landscaping, are eligible for financing 
 48.30  provided they are an integral part of overall project design and 
 48.31  construction of a federal-aid highway.  Money in the fund may 
 48.32  not be used for any toll facilities project or 
 48.33  congestion-pricing project. 
 48.34     Subd. 3.  [ESTABLISHMENT OF FUND.] A transportation 
 48.35  revolving loan fund is established to make loans for the 
 48.36  purposes described in subdivision 2.  A highway account is 
 49.1   established in the fund for highway projects eligible under 
 49.2   United States Code, title 23.  A transit account is established 
 49.3   in the fund for transit capital projects eligible under United 
 49.4   States Code, title 49.  A state funds general loan account is 
 49.5   established in the fund for transportation projects eligible 
 49.6   under state law.  Other accounts may be established in the fund 
 49.7   as necessary for its management and administration.  The 
 49.8   transportation revolving loan fund shall receive receives 
 49.9   federal money under the act and money from any source.  Money 
 49.10  received under this section must be paid to the state treasurer 
 49.11  and credited to the transportation revolving loan fund.  Money 
 49.12  in the fund is annually appropriated to the commissioner 
 49.13  authority and does not lapse.  The fund must be credited with 
 49.14  investment income, and with repayments of principal and 
 49.15  interest, except for servicing fees assessed under sections 
 49.16  446A.04, subdivision 5, and 446A.11, subdivision 8. 
 49.17     Subd. 4.  [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 
 49.18  shall manage and administer the transportation revolving loan 
 49.19  fund, the trunk highway revolving loan account, the county 
 49.20  state-aid highway revolving loan account, and the municipal 
 49.21  state-aid street revolving loan account and individual accounts 
 49.22  in the fund.  For those purposes, the authority may exercise all 
 49.23  powers provided in this chapter. 
 49.24     Subd. 5.  [TRANSFER OF MONEY.] With the consent of the 
 49.25  transportation committee, the commissioner of transportation may 
 49.26  transfer money from the trunk highway revolving loan account to 
 49.27  the trunk highway fund, from the county state-aid highway 
 49.28  revolving loan account to the county state-aid highway fund, and 
 49.29  from the municipal state-aid street revolving loan account to 
 49.30  the municipal state-aid street fund. 
 49.31     Subd. 6.  [TRANSPORTATION COMMITTEE.] The transportation 
 49.32  committee may authorize the making of loans to borrowers by the 
 49.33  authority for transportation purposes authorized by the act or 
 49.34  this section, without further action by the authority.  The 
 49.35  authority may not make loans for transportation purposes without 
 49.36  the approval of the transportation committee.  Each project must 
 50.1   be certified by the commissioner of transportation before its 
 50.2   consideration by the transportation committee. 
 50.3      Subd. 7.  [APPLICATIONS.] Applicants for loans must submit 
 50.4   an application to the transportation committee on forms 
 50.5   prescribed by the transportation committee.  The applicant must 
 50.6   provide the following information: 
 50.7      (1) the estimated cost of the project and the amount of the 
 50.8   loan sought; 
 50.9      (2) other possible sources of funding in addition to loans 
 50.10  sought from the transportation revolving loan fund, the trunk 
 50.11  highway revolving loan account, the county state-aid highway 
 50.12  revolving loan account, or the municipal state-aid street 
 50.13  revolving loan account; 
 50.14     (3) the proposed methods and sources of funds to be used 
 50.15  for repayment of loans received; and 
 50.16     (4) information showing the financial status and ability of 
 50.17  the borrower to repay loans. 
 50.18     Subd. 8.  [CERTIFICATION OF PROJECTS.] The commissioner of 
 50.19  transportation shall consider the following information when 
 50.20  evaluating projects to certify for funding to the transportation 
 50.21  committee: 
 50.22     (1) a description of the nature and purpose of the proposed 
 50.23  transportation project including an explanation of the need for 
 50.24  the project and the reasons why it is in the public interest; 
 50.25     (2) the relationship of the project to the area 
 50.26  transportation improvement program, the approved statewide 
 50.27  transportation improvement program, and to any other 
 50.28  transportation plans required under state or federal law; 
 50.29     (3) the estimated cost of the project and the amount of 
 50.30  loans sought; 
 50.31     (4) proposed sources of funding in addition to loans sought 
 50.32  from the transportation revolving loan fund, the trunk highway 
 50.33  revolving loan account, the county state-aid highway revolving 
 50.34  loan account, or municipal state-aid street revolving loan 
 50.35  account; 
 50.36     (5) the need for the project as part of the overall 
 51.1   transportation system; 
 51.2      (6) the overall economic impact of the project; and 
 51.3      (7) the extent to which completion of the project will 
 51.4   improve the movement of people and freight. 
 51.5      Subd. 9.  [LOAN CONDITIONS.] When making loans from the 
 51.6   transportation revolving loan fund, the trunk highway revolving 
 51.7   loan account, the county state-aid highway revolving loan 
 51.8   account, or the municipal state-aid street revolving loan 
 51.9   account, the transportation committee shall comply with the 
 51.10  conditions applicable provisions of the act and state law.  In 
 51.11  addition, a loan made under this section must: 
 51.12     (1) bear interest at or below market rates or as otherwise 
 51.13  specified in federal law; 
 51.14     (2) have a repayment term not longer than 30 years; 
 51.15     (3) be fully amortized no later than 30 years after project 
 51.16  completion; 
 51.17     (4) be subject to repayment of principal and interest 
 51.18  beginning not later than five years after the facility financed 
 51.19  with a loan has been completed, or in the case of a highway 
 51.20  project, five years after the facility has opened to traffic; 
 51.21  and 
 51.22     (5) be made disbursed for specific project elements only 
 51.23  after all federal applicable environmental requirements 
 51.24  applicable to the project have been complied with and all 
 51.25  federal environmental requirements have been met. 
 51.26     Subd. 10.  [LOANS IN ANTICIPATION OF FUTURE 
 51.27  APPORTIONMENTS.] A loan may be made to a county, or to a 
 51.28  statutory or home rule charter city having a population of 5,000 
 51.29  or more, in anticipation of repayment of the loan from sums that 
 51.30  will be apportioned to a county from the county state-aid 
 51.31  highway fund under section 162.07 or to a city from the 
 51.32  municipal state-aid street fund under section 162.14. 
 51.33     Subd. 11.  [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 
 51.34  allocation provisions of section 162.08 for counties, and the 
 51.35  apportionment provisions of section 162.14 for cities, sums 
 51.36  apportioned under section 162.13 to a statutory or home rule 
 52.1   charter city, or under section 162.07 to a county, that has loan 
 52.2   repayments due to the transportation revolving loan fund, the 
 52.3   trunk highway revolving loan account, the county state-aid 
 52.4   highway revolving loan account, or the municipal state-aid 
 52.5   street revolving loan account shall be paid by the commissioner 
 52.6   of transportation to the appropriate loan fund or account to 
 52.7   offset the loan repayments that are due. 
 52.8      Subd. 12.  [RULES OF TRANSPORTATION COMMITTEE AND 
 52.9   AUTHORITY.] The commissioner of the department of trade and 
 52.10  economic development shall adopt administrative rules specifying 
 52.11  the procedures that will be used for the administration of the 
 52.12  duties of the transportation committee and authority.  The rules 
 52.13  must include criteria, standards, and procedures that will be 
 52.14  used for making loans, determining interest rates to be charged 
 52.15  on loans, the amount of project financing to be provided, the 
 52.16  collateral that will be required, the requirements for dedicated 
 52.17  sources of revenue or income streams to ensure repayment of 
 52.18  loans, and the length of repayment terms.  
 52.19     Subd. 13.  [AUTHORITY AND RULES OF DEPARTMENT.] The 
 52.20  commissioner of transportation shall establish, adopt rules for, 
 52.21  and implement a program to identify, assist with the development 
 52.22  of, and certify projects eligible for loans under the act to the 
 52.23  transportation committee.  Until rules are adopted by the 
 52.24  commissioner of transportation, the commissioner of 
 52.25  transportation may certify to the transportation committee any 
 52.26  project that has been reviewed through an approved planning 
 52.27  process that qualifies the project to be included in the 
 52.28  statewide transportation program or amended into the statewide 
 52.29  transportation improvement program. 
 52.30     Subd. 14.  [JOINT RULES.] The commissioner of the 
 52.31  department of trade and economic development and the 
 52.32  commissioner of transportation may adopt a single set of rules. 
 52.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 52.34  following final enactment.  
 52.35     Sec. 30.  Minnesota Statutes 2000, section 466.03, is 
 52.36  amended by adding a subdivision to read: 
 53.1      Subd. 22.  [HIGHWAY RIGHT-OF-WAY.] Any claim for a loss 
 53.2   involving or arising out of the use or operation of a 
 53.3   recreational motor vehicle, as defined in section 84.90, 
 53.4   subdivision 1, within the right-of-way of a road or highway as 
 53.5   defined in section 160.02, subdivision 7, except that the 
 53.6   municipality is liable for conduct that would entitle a 
 53.7   trespasser to damages against a private person. 
 53.8      Sec. 31.  [473.1692] [TRANSPORTATION ADVISORY BOARD.] 
 53.9      The council shall establish a transportation advisory board 
 53.10  and assign duties to it as the council deems appropriate.  The 
 53.11  transportation advisory board established under this section 
 53.12  succeeds any transportation advisory board appointed and 
 53.13  functioning before the effective date of this section.  The 
 53.14  membership of the transportation advisory board consists of: 
 53.15     (1) the commissioner of transportation or the 
 53.16  commissioner's designee; 
 53.17     (2) the commissioner of the pollution control agency or the 
 53.18  commissioner's designee; 
 53.19     (3) one member of the metropolitan airports commission 
 53.20  appointed by the commission; 
 53.21     (4) one person appointed by the commissioner of 
 53.22  transportation to represent nonmotorized transportation; 
 53.23     (5) one person appointed by the commissioner of 
 53.24  transportation to represent the freight transportation industry; 
 53.25     (6) two persons appointed by the commissioner of 
 53.26  transportation to represent public transit; 
 53.27     (7) ten elected officials of statutory or home rule charter 
 53.28  cities within the metropolitan area, appointed by the 
 53.29  association of metropolitan municipalities; 
 53.30     (8) seven elected officials of counties, appointed by the 
 53.31  association of Minnesota counties; 
 53.32     (9) eight citizens appointed by the council, one from each 
 53.33  council precinct; and 
 53.34     (10) one member of the council, appointed by the council. 
 53.35  The transportation advisory board shall elect a chair from among 
 53.36  its members. 
 54.1      Sec. 32.  Minnesota Statutes 2000, section 473.399, is 
 54.2   amended by adding a subdivision to read: 
 54.3      Subd. 4.  [EXPENDITURE OF STATE FUNDS.] No state funds may 
 54.4   be expended by the metropolitan council to study light rail 
 54.5   transit or commuter rail unless the funds are appropriated in 
 54.6   legislation that identifies the proposed route to be studied. 
 54.7      Sec. 33.  [473.4052] [LIGHT RAIL SPECIAL SERVICE 
 54.8   DISTRICTS.] 
 54.9      Subdivision 1.  [CREATION.] (a) The metropolitan council 
 54.10  shall establish a light rail special service district to pay for 
 54.11  the cost of operating light rail transit facilities and 
 54.12  equipment to the extent fare revenues are insufficient to cover 
 54.13  these costs. 
 54.14     (b) The council may not use any money made available 
 54.15  through the federal congestion mitigation and air quality 
 54.16  program to pay the operating costs of light rail transit. 
 54.17     Subd. 2.  [AREA OF DISTRICT.] The geographic area of a 
 54.18  light rail special service district created under subdivision 1 
 54.19  consists of an area comprised of any parcel of property located 
 54.20  within a radius of one-half mile of a station for a light rail 
 54.21  transit line.  The area excludes any planned unit development 
 54.22  approved before January 1, 2000, and any area detached from a 
 54.23  city and school district under section 473.625. 
 54.24     Subd. 3.  [APPLICATION.] The provisions of sections 428A.01 
 54.25  to 428A.101 apply to special service districts established under 
 54.26  this section unless otherwise provided in or contrary to 
 54.27  sections 473.4052 to 473.4054.  The provisions of sections 
 54.28  428A.02; 428A.03, subdivision 1; 428A.06; 428A.08; 428A.09; and 
 54.29  428A.10, do not apply to a district established under this 
 54.30  section. 
 54.31     <b>[EFFECTIVE DATE.]</b> This section applies in Anoka, Carver, 
 54.32  Dakota, Hennepin, Ramsey, Scott, and Washington counties and is 
 54.33  effective beginning for property taxes levied in 2002, payable 
 54.34  in 2003, for fiscal year 2004 operating costs.  
 54.35     Sec. 34.  [473.4053] [DEFINITIONS.] 
 54.36     Subdivision 1.  [APPLICATION.] The terms defined in this 
 55.1   section apply to sections 473.4052 to 473.4054, unless the 
 55.2   context clearly requires otherwise. 
 55.3      Subd. 2.  [FACILITY.] "Facility" means the light rail 
 55.4   transit facility, equipment, and related improvements located 
 55.5   within the district. 
 55.6      Subd. 3.  [LAND AREA.] "Land area" means the land area in 
 55.7   the district that is classified as class 3 property under 
 55.8   section 273.13, subdivision 24. 
 55.9      Subd. 4.  [NET TAX CAPACITY.] "Net tax capacity" means net 
 55.10  tax capacity as defined in sections 428A.01 and 428A.03, 
 55.11  subdivision 1, but is limited to property classified as class 3 
 55.12  property under section 273.13, subdivision 24. 
 55.13     <b>[EFFECTIVE DATE.]</b> This section applies in Anoka, Carver, 
 55.14  Dakota, Hennepin, Ramsey, Scott, and Washington counties and is 
 55.15  effective beginning for property taxes levied in 2002, payable 
 55.16  in 2003, for fiscal year 2004 operating costs. 
 55.17     Sec. 35.  [473.4054] [AUTHORITY TO IMPOSE CHARGES.] 
 55.18     Subdivision 1.  [SERVICE CHARGES.] (a) The council shall 
 55.19  impose annual service charges equal to the estimated amount that 
 55.20  the operating costs of the facility will exceed fare revenues 
 55.21  for the calendar year, plus the amount of any carryover or an 
 55.22  operating deficit from a previous year for the facility. 
 55.23     (b) The service charge must be imposed as a uniform 
 55.24  percentage of net tax capacity of the district. 
 55.25     Subd. 2.  [APPLICATION OF OTHER LAW.] The provisions of 
 55.26  section 428A.03, subdivisions 1a to 3, apply to a light rail 
 55.27  transit special service district. 
 55.28     Subd. 3.  [COLLECTION OF SERVICE CHARGES.] Service charges 
 55.29  imposed under this section must be collected as provided in 
 55.30  section 428A.05. 
 55.31     <b>[EFFECTIVE DATE.]</b> This section applies in Anoka, Carver, 
 55.32  Dakota, Hennepin, Ramsey, Scott, and Washington counties and is 
 55.33  effective beginning for property taxes levied in 2002, payable 
 55.34  in 2003, for fiscal year 2004 operating costs. 
 55.35     Sec. 36.  Laws 1997, chapter 159, article 2, section 4, is 
 55.36  amended to read: 
 56.1      Sec. 4.  [DEMONSTRATION PROGRAM PERFORMANCE-BASED FUNDING 
 56.2   PROGRAM FOR CERTAIN PROVIDERS.] 
 56.3      Notwithstanding Minnesota Statutes, section 473.384, 
 56.4   subdivision 6, regarding percentages of total operating costs to 
 56.5   be subsidized by the metropolitan council, until June 30, 2001, 
 56.6   the metropolitan council may establish the appropriate 
 56.7   percentage operating subsidy to be granted to individual 
 56.8   recipients under the subdivision.  The metropolitan council must 
 56.9   establish the percentage annually, based on available transit 
 56.10  funds and the council's determination of a reasonable subsidy 
 56.11  per passenger trip in comparison to similar transit or 
 56.12  paratransit service in the metropolitan area.  The council may 
 56.13  provide a subsidy up to 100 percent of a recipient's operating 
 56.14  costs for all or any portion of the transit or paratransit 
 56.15  service and may require recipients to pay up to 100 41.5 percent 
 56.16  of their own operating costs for all or any portion of the 
 56.17  service.  
 56.18     Sec. 37.  Laws 1999, chapter 238, article 1, section 2, 
 56.19  subdivision 7, is amended to read: 
 56.20  Subd. 7.  State Roads                912,625,000    923,769,000
 56.21                Summary by Fund
 56.22  General                 59,000          9,000
 56.23  Trunk Highway      912,566,000    923,760,000
 56.24  The amounts that may be spent from this 
 56.25  appropriation for each activity are as 
 56.26  follows:  
 56.27  (a) State Road Construction 
 56.28     516,684,000    521,707,000
 56.29  It is estimated that these 
 56.30  appropriations will be funded as 
 56.31  follows:  
 56.32  Federal Highway Aid 
 56.33     275,000,000    275,000,000
 56.34  Highway User Taxes 
 56.35     241,684,000    246,707,000
 56.36  The commissioner of transportation 
 56.37  shall notify the chair of the 
 56.38  transportation budget division of the 
 56.39  senate and chair of the transportation 
 56.40  finance committee of the house of 
 57.1   representatives quarterly of any events 
 57.2   that should cause these estimates to 
 57.3   change. 
 57.4   This appropriation is for the actual 
 57.5   construction, reconstruction, and 
 57.6   improvement of trunk highways.  This 
 57.7   includes the cost of actual payment to 
 57.8   landowners for lands acquired for 
 57.9   highway rights-of-way, payment to 
 57.10  lessees, interest subsidies, and 
 57.11  relocation expenses. 
 57.12  The commissioner may transfer up to 
 57.13  $15,000,000 each year to the trunk 
 57.14  highway revolving loan account. 
 57.15  The commissioner may receive money 
 57.16  covering other shares of the cost of 
 57.17  partnership projects.  These receipts 
 57.18  are appropriated to the commissioner 
 57.19  for these projects. 
 57.20  (b) Highway Debt Service 
 57.21      13,949,000     13,175,000
 57.22  $3,949,000 the first year and 
 57.23  $3,175,000 the second year are for 
 57.24  transfer to the state bond fund. 
 57.25  If this appropriation is insufficient 
 57.26  to make all transfers required in the 
 57.27  year for which it is made, the 
 57.28  commissioner of finance shall notify 
 57.29  the committee on state government 
 57.30  finance of the senate and the committee 
 57.31  on ways and means of the house of 
 57.32  representatives of the amount of the 
 57.33  deficiency and shall then transfer that 
 57.34  amount under the statutory open 
 57.35  appropriation.  
 57.36  Any excess appropriation must be 
 57.37  canceled to the trunk highway fund. 
 57.38  (c) Research and Investment Management 
 57.39      12,450,000     12,597,000
 57.40  $600,000 the first year and $600,000 
 57.41  the second year are available for 
 57.42  grants for transportation studies 
 57.43  outside the metropolitan area to 
 57.44  identify critical concerns, problems, 
 57.45  and issues.  These grants are available 
 57.46  to (1) regional development 
 57.47  commissions, and (2) in regions where 
 57.48  no regional development commission is 
 57.49  functioning, joint powers boards 
 57.50  established under agreement of two or 
 57.51  more political subdivisions in the 
 57.52  region to exercise the planning 
 57.53  functions of a regional development 
 57.54  commission, and (3) in regions where no 
 57.55  regional development commission or 
 57.56  joint powers board is functioning, the 
 57.57  department's district office for that 
 57.58  region. 
 57.59  $216,000 the first year and $216,000 
 58.1   the second year are available for 
 58.2   grants to metropolitan planning 
 58.3   organizations outside the seven-county 
 58.4   metropolitan area. 
 58.5   $75,000 the first year and $25,000 the 
 58.6   second year are for transportation 
 58.7   planning relating to the 2000 census.  
 58.8   This appropriation may not be added to 
 58.9   the agency's budget base. 
 58.10  $75,000 the first year and $75,000 the 
 58.11  second year are for a transportation 
 58.12  research contingent account to finance 
 58.13  research projects that are reimbursable 
 58.14  from the federal government or from 
 58.15  other sources.  If the appropriation 
 58.16  for either year is insufficient, the 
 58.17  appropriation for the other year is 
 58.18  available for it. 
 58.19  (d) Central Engineering Services
 58.20      68,563,000     70,940,000
 58.21  (e) Design and Construction Engineering
 58.22      80,592,000     83,246,000
 58.23  $1,000,000 the first year and $500,000 
 58.24  the second year are for transportation 
 58.25  planning relating to the 2000 census.  
 58.26  This appropriation may not be added to 
 58.27  the agency's budget base. 
 58.28  (f) State Road Operations
 58.29     214,703,000    216,561,000
 58.30  $1,000,000 each year are for 
 58.31  enhancements to the freeway operations 
 58.32  program in the metropolitan area. 
 58.33  $1,000,000 the first year and 
 58.34  $1,000,000 the second year are for 
 58.35  maintenance services including rest 
 58.36  area maintenance, vehicle insurance, 
 58.37  ditch assessments, and tort claims. 
 58.38  $3,000,000 the first year and 
 58.39  $1,000,000 the second year are for 
 58.40  improved highway striping. 
 58.41  $500,000 the first year and $500,000 
 58.42  the second year are for safety 
 58.43  technology applications. 
 58.44  $150,000 the first year and $150,000 
 58.45  the second year are for statewide asset 
 58.46  preservation and repair. 
 58.47  $750,000 the first year and $750,000 
 58.48  the second year are for the 
 58.49  implementation of the transportation 
 58.50  worker concept. 
 58.51  The commissioner shall establish a task 
 58.52  force to study seasonal road 
 58.53  restrictions and report to the 
 58.54  legislature its findings and any 
 58.55  recommendations for legislative 
 59.1   action.  The commissioner shall appoint 
 59.2   members representing: 
 59.3   (1) aggregate and ready-mix producers; 
 59.4   (2) solid waste haulers; 
 59.5   (3) liquid waste haulers; 
 59.6   (4) the logging industry; 
 59.7   (5) the construction industry; and 
 59.8   (6) agricultural interests. 
 59.9   The task force shall report to the 
 59.10  legislature by February 1, 2000, on its 
 59.11  findings and recommendations. 
 59.12  (g) Electronic Communications
 59.13       5,684,000      5,543,000
 59.14                Summary by Fund
 59.15  General                  59,000         9,000
 59.16  Trunk Highway         5,625,000     5,534,000
 59.17  $9,000 the first year and $9,000 the 
 59.18  second year are from the general fund 
 59.19  for equipment and operation of the 
 59.20  Roosevelt signal tower for Lake of the 
 59.21  Woods weather broadcasting. 
 59.22  $50,000 the first year from the general 
 59.23  fund is for purchase of equipment for 
 59.24  the 800 MHz public safety radio system. 
 59.25  $200,000 the first year is from the 
 59.26  trunk highway fund for costs resulting 
 59.27  from the termination of agreements made 
 59.28  under article 2, sections 31 and 89, 
 59.29  and Minnesota Statutes, section 174.70, 
 59.30  subdivision 2.  This appropriation does 
 59.31  not cancel but is available until spent.
 59.32  In each year of the biennium the 
 59.33  commissioner shall request the 
 59.34  commissioner of administration to 
 59.35  request bids for the purchase of 
 59.36  digital mobile and portable radios to 
 59.37  be used on the metropolitan regional 
 59.38  public safety radio communications 
 59.39  system. 
 59.40     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 59.41  following final enactment. 
 59.42     Sec. 38.  Laws 2000, chapter 479, article 1, section 3, 
 59.43  subdivision 3, is amended to read: 
 59.44  Subd. 3.  Bus Transit Ways                            6,300,000
 59.45  For engineering, design, and 
 59.46  construction of bus transit ways, 
 59.47  including, but not limited to, 
 59.48  acquisition of land and rights-of-way.  
 59.49  This appropriation is available until 
 60.1   spent. 
 60.2   Notwithstanding Minnesota Statutes, 
 60.3   chapter 398A, relating to regional 
 60.4   railroad authorities, the metropolitan 
 60.5   council may conduct a study of bus 
 60.6   transit ways in the northwest light 
 60.7   rail transit corridor in Hennepin 
 60.8   county, and in that part of the 
 60.9   southwest light rail transit corridor 
 60.10  in and between the cities of Hopkins 
 60.11  and Minneapolis.  The study must 
 60.12  consider alternative alignments of the 
 60.13  bus transit ways, using existing roads, 
 60.14  highways, and transportation facilities 
 60.15  in conjunction with the light rail 
 60.16  transit corridors.  The metropolitan 
 60.17  council must not study, engineer, 
 60.18  design, or construct a bus transit way 
 60.19  in (1) any part of the southwest light 
 60.20  rail transit corridor that is in the 
 60.21  city of Minnetonka, Eden Prairie, or 
 60.22  Chanhassen, or (2) the Midtown Greenway 
 60.23  or Kenilworth corridors in Minneapolis. 
 60.24     Sec. 39.  Laws 2000, chapter 490, article 7, section 3, is 
 60.25  amended to read:  
 60.26     Sec. 3.  [APPROPRIATION.] 
 60.27     For fiscal year 2001, $149,804,000 is appropriated from the 
 60.28  general fund to the highway user tax distribution fund.  For 
 60.29  fiscal year 2002, $161,723,000 is appropriated from the general 
 60.30  fund to the highway user tax distribution fund. 
 60.31     Sec. 40.  [COMMISSIONER OF TRANSPORTATION; RESTRICTIONS ON 
 60.32  ERECTION OF TOWER.] 
 60.33     The commissioner of transportation may not erect any tower 
 60.34  or other structure in Cass county with equipment relating to the 
 60.35  global positioning system unless the Cass county board, and the 
 60.36  governing body of the city or town in which the tower is 
 60.37  located, have each adopted a resolution approving the erection 
 60.38  and location of the tower. 
 60.39     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 60.40  following final enactment. 
 60.41     Sec. 41.  [COMMISSIONER OF TRANSPORTATION; METROPOLITAN 
 60.42  COUNCIL RESTRICTIONS.] 
 60.43     Subdivision 1.  [DEPARTMENT OF TRANSPORTATION.] The 
 60.44  commissioner of transportation may not refuse to program or 
 60.45  construct a trunk highway improvement project, or make any other 
 60.46  decision concerning the location, design, or timing of a trunk 
 61.1   highway improvement project, on the grounds that a statutory or 
 61.2   home rule charter city or county in which the project is wholly 
 61.3   or partly located (1) has enacted a zoning ordinance or 
 61.4   determination not approved by the commissioner or metropolitan 
 61.5   council, or failed to enact a zoning ordinance or determination 
 61.6   requested by the commissioner or metropolitan council, or (2) 
 61.7   has failed to impose housing density requirements requested by 
 61.8   the commissioner or metropolitan council.  This section does not 
 61.9   apply to local zoning ordinances or determinations that relate 
 61.10  to access to a trunk highway. 
 61.11     Subd. 2.  [METROPOLITAN COUNCIL.] Neither the metropolitan 
 61.12  council nor the council's transportation advisory board may, in 
 61.13  the allocation or the approval of any allocation of funds for 
 61.14  highway projects, or in approving or disapproving a project 
 61.15  under Minnesota Statutes, section 473.166, withhold or redirect 
 61.16  funds or fail to approve a project on the grounds that a city or 
 61.17  county in which the project is wholly or partly located (1) has 
 61.18  enacted a zoning ordinance or determination not approved by the 
 61.19  council or the commissioner of transportation, or failed to 
 61.20  enact a zoning ordinance or determination requested by the 
 61.21  council or the commissioner of transportation, or (2) has failed 
 61.22  to impose housing density requirements requested by the council 
 61.23  or the commissioner of transportation.  This section does not 
 61.24  apply to local zoning ordinances or determinations that relate 
 61.25  to access to a trunk highway. 
 61.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 61.27  following final enactment. 
 61.28     Sec. 42. [HIAWATHA AVENUE LIGHT RAIL TRANSIT COST 
 61.29  CALCULATION.] 
 61.30     The commissioner of administration shall prepare and submit 
 61.31  to the legislature by January 1, 2002, a complete accounting of 
 61.32  all federal, state, and local costs relating to the Hiawatha 
 61.33  Avenue light rail transit line.  The cost accounting must 
 61.34  include: 
 61.35     (1) planning, environmental studies, and preliminary and 
 61.36  final design and engineering for the project; 
 62.1      (2) construction and other capital costs of the light rail 
 62.2   transit line when completed; 
 62.3      (3) improvements and repairs to and reconstruction of state 
 62.4   and local streets and highways incurred and anticipated as a 
 62.5   result of the project; 
 62.6      (4) all costs of utility relocation resulting from the 
 62.7   project; 
 62.8      (5) all costs incurred by the department of transportation 
 62.9   with respect to public information and communications about the 
 62.10  project; 
 62.11     (6) construction, acquisition, or lease of park-and-ride 
 62.12  facilities that would serve project riders, including costs of 
 62.13  relocating other public facilities to make room for those 
 62.14  park-and-ride facilities; 
 62.15     (7) projected costs of connecting the Hiawatha Avenue light 
 62.16  rail transit line with commuter rail facilities; 
 62.17     (8) any costs necessitated by the project and included in 
 62.18  the project budget for the reconstruction of marked trunk 
 62.19  highway No. 55, to the extent not included under clause (3); and 
 62.20     (9) all public costs relating to the acquisition of real 
 62.21  property for the line and for the purchase and development of 
 62.22  real property adjacent to the project right-of-way.  
 62.23     Sec. 43.  [TRUNK HIGHWAY 62 CONSTRUCTION PROJECT.] 
 62.24     Subdivision 1.  [RESTRICTION.] The commissioner of 
 62.25  transportation may not construct or reconstruct marked trunk 
 62.26  highway No. 62 between marked trunk highway No. 100 and Portland 
 62.27  Avenue South in Minneapolis and Richfield until June 1, 2002.  
 62.28  This subdivision does not apply to any construction or 
 62.29  reconstruction begun pursuant to a contract entered into by the 
 62.30  commissioner before the effective date of this section. 
 62.31     Subd. 2.  [REPORT.] The commissioner of transportation 
 62.32  shall report to the governor and legislature not later than 
 62.33  January 15, 2002, on issues surrounding the trunk highway 
 62.34  project described in subdivision 1.  The report must, at a 
 62.35  minimum: 
 62.36     (1) specify the present and predicted levels of traffic on 
 63.1   all segments of marked trunk highway No. 62, and on trunk 
 63.2   highway corridors that would be significantly affected by any 
 63.3   long-term closing of lanes on marked trunk highway No. 62; 
 63.4      (2) describe the adequacy of marked trunk highway No. 62, 
 63.5   under current conditions and after a full construction or 
 63.6   reconstruction project, to carry present and predicted traffic 
 63.7   levels, including describing the extent to which traffic 
 63.8   problems in the corridor will be addressed by the project; 
 63.9      (3) show projected growth in the trunk highway corridor in 
 63.10  population and economic development; 
 63.11     (4) show the extent to which the project will be 
 63.12  coordinated with other construction or reconstruction projects 
 63.13  on trunk highways that will be affected by the marked trunk 
 63.14  highway No. 62 project; 
 63.15     (5) discuss alternative feasible designs for the project, 
 63.16  including stacking of freeway lanes and tunneling; and 
 63.17     (6) describe the availability of funding for the proposed 
 63.18  project and feasible alternatives. 
 63.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 63.20  following final enactment.  
 63.21     Sec. 44.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
 63.22     An amendment is proposed to the Minnesota Constitution, 
 63.23  article XIV.  If the amendment is adopted, article XIV will be 
 63.24  amended by adding a section to read: 
 63.25     Sec. 12.  Not less than 60 percent of the net proceeds from 
 63.26  any state tax on the sale of new and used motor vehicles must be 
 63.27  deposited in the highway user tax distribution fund. 
 63.28     Sec. 45.  [SUBMISSION TO VOTERS.] 
 63.29     The constitutional amendment proposed in section 44 must be 
 63.30  submitted to the people at the 2002 general election.  The 
 63.31  question submitted must be: 
 63.32     "Shall the Minnesota Constitution be amended to require 
 63.33  that not less than 60 percent of the revenues from any state tax 
 63.34  on the sale of motor vehicles be deposited in the highway user 
 63.35  tax distribution fund to be used exclusively for highway 
 63.36  purposes? 
 64.1                                      Yes .......
 64.2                                      No ........"
 64.3      Sec. 46.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
 64.4      An amendment to the Minnesota Constitution, article XI, 
 64.5   section 5, is proposed to the people.  If the amendment is 
 64.6   adopted, the section will read: 
 64.7      Sec. 5.  Public debt may be contracted and works of 
 64.8   internal improvements carried on for the following purposes: 
 64.9      (a) to acquire and to better public land and buildings, 
 64.10  trunk highways, and other public improvements of a capital 
 64.11  nature and to provide money to be appropriated or loaned to any 
 64.12  agency or political subdivision of the state for such purposes 
 64.13  if the law authorizing the debt is adopted by the vote of at 
 64.14  least three-fifths of the members of each house of the 
 64.15  legislature; 
 64.16     (b) to repel invasion or suppress insurrection; 
 64.17     (c) to borrow temporarily as authorized in section 6; 
 64.18     (d) to refund outstanding bonds of the state or any of its 
 64.19  agencies whether or not the full faith and credit of the state 
 64.20  has been pledged for the payment of the bonds; 
 64.21     (e) to establish and maintain highways subject to the 
 64.22  limitations of clause (a) and article XIV; 
 64.23     (f) to promote forestation and prevent and abate forest 
 64.24  fires, including the compulsory clearing and improving of wild 
 64.25  lands whether public or private; 
 64.26     (g) to construct, improve and operate airports and other 
 64.27  air navigation facilities; 
 64.28     (h) to develop the state's agricultural resources by 
 64.29  extending credit on real estate security in the manner and on 
 64.30  the terms and conditions prescribed by law; 
 64.31     (i) to improve and rehabilitate railroad rights-of-way and 
 64.32  other rail facilities whether public or private, provided that 
 64.33  bonds issued and unpaid shall not at any time exceed 
 64.34  $200,000,000 par value; and 
 64.35     (j) as otherwise authorized in this constitution. 
 64.36     As authorized by law political subdivisions may engage in 
 65.1   the works permitted by (f), (g), and (i) and contract debt 
 65.2   therefor. 
 65.3      Sec. 47.  [SUBMISSION TO VOTERS.] 
 65.4      The proposed amendment in section 46 must be submitted to 
 65.5   the people at the 2002 general election.  The question submitted 
 65.6   must be: 
 65.7      "Shall the Minnesota Constitution be amended to allow 
 65.8   general obligation bonds payable solely from the state general 
 65.9   fund to be sold for the construction and improvement of trunk 
 65.10  highways? 
 65.11                                     Yes .......
 65.12                                     No ........"