1.1                          A bill for an act 
  1.2             relating to appropriations; appropriating money for 
  1.3             the department of transportation and other government 
  1.4             agencies with certain conditions; establishing, 
  1.5             funding, or regulating certain policies, programs, 
  1.6             duties, activities, or practices; funding and 
  1.7             regulating criminal justice and prevention programs; 
  1.8             modifying public safety and law enforcement 
  1.9             provisions; providing funding for economic, energy, 
  1.10            transportation, infrastructure, and recreational 
  1.11            development, with certain conditions; proposing an 
  1.12            amendment to the Minnesota Constitution by adding a 
  1.13            section to article XIV to dedicate proceeds of the tax 
  1.14            on the sale of motor vehicles to highway and transit 
  1.15            purposes; requiring studies and reports; making 
  1.16            technical, conforming, and clarifying changes; 
  1.17            imposing penalties; setting fees; amending Minnesota 
  1.18            Statutes 2000, sections 3C.12, subdivision 2; 13.679; 
  1.19            13.87, by adding a subdivision; 15.01; 15.06, 
  1.20            subdivision 1; 15A.0815, subdivision 2; 16A.641, 
  1.21            subdivision 8; 16B.32, subdivision 2; 16B.335, 
  1.22            subdivision 4; 16B.56, subdivision 1; 16B.76, 
  1.23            subdivision 1; 16C.05, subdivision 2; 16C.06, 
  1.24            subdivisions 1, 2; 16C.08, subdivision 2; 17.86, 
  1.25            subdivision 3; 18.024, subdivision 1; 43A.08, 
  1.26            subdivision 1a; 45.012; 103F.325, subdivisions 2, 3; 
  1.27            115A.15, subdivision 5; 116O.06, subdivision 2; 
  1.28            123B.65, subdivisions 1, 3, 5; 138.664, by adding a 
  1.29            subdivision; 161.082, subdivision 2a; 161.14, by 
  1.30            adding a subdivision; 161.23, subdivision 3; 161.32, 
  1.31            subdivisions 1, 1b, 1e; 161.45, subdivision 1; 167.51, 
  1.32            subdivision 2; 168.013, subdivision 1d; 168.33, 
  1.33            subdivision 7; 168.381; 168.61, subdivision 1; 169.06, 
  1.34            by adding a subdivision; 169.073; 169.09, subdivision 
  1.35            13; 169.18, subdivision 1, by adding a subdivision; 
  1.36            169.825, subdivision 11; 169.87, subdivision 4; 
  1.37            170.23; 171.06, subdivision 2a; 171.07, subdivision 
  1.38            11; 171.12, subdivision 6; 171.13, subdivision 6; 
  1.39            171.185; 171.26; 171.29, subdivision 2; 171.36; 
  1.40            174.03, subdivision 7, by adding a subdivision; 
  1.41            174.24, subdivision 3b; 174.32, subdivision 5; 174.70, 
  1.42            subdivisions 2, 3; 181.30; 184.29; 184.30, subdivision 
  1.43            1; 184.38, subdivisions 6, 8, 9, 10, 11, 17, 18, 20; 
  1.44            184.41; 216A.01; 216A.035; 216A.036; 216A.05, 
  1.45            subdivision 1; 216A.07, subdivision 1; 216A.08; 
  1.46            216A.085, subdivision 3; 216B.02, subdivisions 1, 7, 
  2.1             8; 216B.16, subdivisions 1, 2, 6b, 15; 216B.162, 
  2.2             subdivisions 7, 11; 216B.1675, subdivision 9; 
  2.3             216B.241, subdivisions 1a, 1b, 2b; 216C.01, 
  2.4             subdivisions 1, 2, 3; 216C.051, subdivision 6; 
  2.5             216C.37, subdivision 1; 216C.40, subdivision 4; 
  2.6             216C.41; 237.02; 237.075, subdivisions 2, 9; 237.082; 
  2.7             237.21; 237.30; 237.462, subdivision 6; 237.51, 
  2.8             subdivisions 1, 5, 5a; 237.52, subdivisions 2, 4, 5; 
  2.9             237.54, subdivision 2; 237.55; 237.59, subdivision 2; 
  2.10            237.768; 239.01; 239.10; 297B.09, subdivision 1; 
  2.11            299C.10, subdivision 1; 299C.11; 299C.147, subdivision 
  2.12            2; 299D.03, subdivisions 5, 6, by adding a 
  2.13            subdivision; 299M.10; 299M.11, subdivision 5; 325E.11; 
  2.14            325E.115, subdivision 2; 326.243; 446A.085; 473.859, 
  2.15            subdivision 2; 484.50; Laws 1999, chapter 238, article 
  2.16            1, section 2, subdivision 7; proposing coding for new 
  2.17            law in Minnesota Statutes, chapters 161; 167; 169; 
  2.18            174; 240A; 299A; 299C; 473; 609; repealing Minnesota 
  2.19            Statutes 2000, sections 174.22, subdivision 9; 174.32, 
  2.20            subdivisions 2, 4; 184.22, subdivisions 2, 3, 4, 5; 
  2.21            184.37, subdivision 2; 216A.06; 237.69, subdivision 3. 
  2.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.23                             ARTICLE 1
  2.24                 TRANSPORTATION AND OTHER AGENCIES
  2.25                           APPROPRIATIONS
  2.26  Section 1.  [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 
  2.27     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.28  appropriated from the general fund, or another named fund, to 
  2.29  the agencies and for the purposes specified in this article, to 
  2.30  be available for the fiscal years indicated for each purpose.  
  2.31  The figures "2001," "2002," and "2003," where used in this 
  2.32  article, mean that the appropriations listed under them are 
  2.33  available for the year ending June 30, 2001, June 30, 2002, or 
  2.34  June 30, 2003, respectively.  If the figures are not used, the 
  2.35  appropriations are available for the year ending June 30, 2002, 
  2.36  or June 30, 2003, respectively.  The term "first year" means the 
  2.37  year ending June 30, 2002, and the term "second year" means the 
  2.38  year ending June 30, 2003.  Appropriations for the year ending 
  2.39  June 30, 2001, are in addition to appropriations made in 
  2.40  previous years.  All 2001 appropriations in this article are 
  2.41  effective immediately on final enactment and do not cancel, but 
  2.42  are available until expended. 
  2.43                          SUMMARY BY FUND
  2.44                          2002          2003           TOTAL
  2.45  General             $ 104,865,000   $104,397,000   $209,262,000
  2.46  For 2001 - $283,700,000
  3.1   Airports               20,807,000     20,548,000     41,355,000 
  3.2   C.S.A.H.              405,330,000    418,113,000    823,443,000 
  3.3   Highway User           11,553,000     11,186,000     22,739,000 
  3.4   For 2001 - $875,000
  3.5   M.S.A.S.              106,469,000    109,827,000    216,296,000 
  3.6   Workers' 
  3.7   Compensation              100,000        100,000        200,000
  3.8   Special Revenue        23,250,000     22,009,000     45,259,000 
  3.9   Trunk 
  3.10  Highway             1,105,115,000  1,116,374,000  2,221,489,000 
  3.12  For 2001 - $445,000
  3.13  TOTAL              $1,777,489,000 $1,802,554,000 $3,580,043,000
  3.14  For 2001 - $285,020,000
  3.15                                             APPROPRIATIONS 
  3.16                                         Available for the Year 
  3.17                                             Ending June 30 
  3.18                                            2002         2003 
  3.19  Sec. 2.  TRANSPORTATION 
  3.20   Subdivision 1.  Total 
  3.21  Appropriation                     $1,592,880,000 $1,615,328,000
  3.23  For 2001 - $212,000,000
  3.24  The appropriations in this section are 
  3.25  from the trunk highway fund, except 
  3.26  when another fund is named. 
  3.27                Summary by Fund
  3.28  General             19,307,000     19,083,000
  3.29  For 2001 - $212,000,000
  3.30  Airports            20,757,000     20,498,000
  3.31  C.S.A.H.           405,330,000    418,113,000
  3.32  M.S.A.S.           106,469,000    109,827,000
  3.33  Trunk Highway    1,040,117,000  1,047,807,000
  3.34  Special Revenue        900,000        -0-    
  3.35  The amounts that may be spent from this 
  3.36  appropriation for each program are 
  3.37  specified in the following subdivisions.
  3.38  Subd. 2.  Aeronautics                 20,748,000     20,489,000
  3.39  For 2001 - $10,000,000
  3.40                Summary by Fund
  3.41  Airports            20,687,000     20,428,000
  3.42   General                 50,000         50,000
  3.43  For 2001 - $10,000,000
  4.1   Trunk Highway           11,000         11,000
  4.2   Except as otherwise provided, the 
  4.3   appropriations in this subdivision are 
  4.4   from the state airports fund. 
  4.5   The amounts that may be spent from this 
  4.6   appropriation for each activity are as 
  4.7   follows:  
  4.8   (a) Airport Development and Assistance 
  4.9       14,298,000     14,298,000
  4.10  These appropriations must be spent 
  4.11  according to Minnesota Statutes, 
  4.12  section 360.305, subdivision 4. 
  4.13  (b) Aviation Support 
  4.14       6,315,000      6,053,000
  4.15  $65,000 the first year and $65,000 the 
  4.16  second year are for the civil air 
  4.17  patrol. 
  4.18  $600,000 each year is for GPS 
  4.19  navigation systems.  Of this amount, 
  4.20  $250,000 adds to the agency's budget 
  4.21  base. 
  4.22  $400,000 the first year and $50,000 the 
  4.23  second year are for the development of 
  4.24  on-line aircraft registration 
  4.25  capabilities. 
  4.26  (c) Air Transportation Services 
  4.27         135,000        138,000 
  4.28                Summary by Fund
  4.29  Airports                 74,000         77,000
  4.30  General                  50,000         50,000
  4.31  Trunk Highway            11,000         11,000
  4.32  (d) Site Acquisition Grant
  4.33  For 2001 - $10,000,000
  4.34  This appropriation is onetime only from 
  4.35  the general fund and is available until 
  4.36  spent.  This appropriation is for a 
  4.37  development grant to the city of 
  4.38  Richfield for acquisition and site 
  4.39  preparation of residential property 
  4.40  impacted by airport operations.  The 
  4.41  property must be located within the 
  4.42  87dB low-frequency sound level contour 
  4.43  as determined by the metropolitan 
  4.44  airports commission and the city of 
  4.45  Richfield low frequency noise policy 
  4.46  committee.  The city of Richfield must 
  4.47  by December 15, 2003, submit a report 
  4.48  to the house of representatives and 
  4.49  senate committees with jurisdiction 
  4.50  over transportation on the use of the 
  4.51  grant money.  The report must include 
  4.52  details on the number of residential 
  5.1   units purchased and cost of the 
  5.2   acquisition, cost of demolition or 
  5.3   relocation of buildings, cost of 
  5.4   utility relocation, cost of site 
  5.5   preparation for development, and plans 
  5.6   for the ultimate use of the property. 
  5.7   Subd. 3.  Transit                    18,389,000     18,410,000
  5.8   For 2001 - $10,000,000
  5.9                 Summary by Fund
  5.10  General              18,049,000     18,062,000
  5.11  For 2001 - $10,000,000
  5.12  Trunk Highway           340,000        348,000
  5.13  For the years ending June 30, 2004, and 
  5.14  June 30, 2005, the budget base for the 
  5.15  general fund appropriations under this 
  5.16  subdivision is transferred from the 
  5.17  general fund to the transit assistance 
  5.18  fund, when the deposit of revenues 
  5.19  specified in article 4, section 46, 
  5.20  takes effect. 
  5.21  The amounts that may be spent from this 
  5.22  appropriation for each activity are as 
  5.23  follows:  
  5.24  (a) Greater Minnesota Transit
  5.25  Assistance 
  5.26      17,551,000    17,551,000
  5.27  This appropriation is from the general 
  5.28  fund.  Any unencumbered balance the 
  5.29  first year does not cancel but is 
  5.30  available for the second year.  
  5.31  (b) Transit Administration   
  5.32         838,000       859,000
  5.33                Summary by Fund
  5.34  General                 498,000       511,000
  5.35  Trunk Highway           340,000       348,000
  5.36  (c) Capital Assistance
  5.37  For 2001 - $10,000,000
  5.38  This appropriation is from the general 
  5.39  fund for grants to public transit 
  5.40  systems under Minnesota Statutes, 
  5.41  section 174.24, to acquire rolling 
  5.42  stock and other bus-related capital.  
  5.43  This appropriation is onetime only and 
  5.44  is available until spent. 
  5.45  Subd. 4.  Railroads and Waterways    1,758,000      1,804,000
  5.46  For 2001 - $6,000,000
  5.47                Summary by Fund
  5.48  General                 273,000       280,000
  6.1   For 2001 - $6,000,000
  6.2   Trunk Highway         1,485,000     1,524,000 
  6.3   $6,000,000 in fiscal year 2001 from the 
  6.4   general fund is onetime only and is 
  6.5   available until spent.  Of this amount: 
  6.6   (1) $3,000,000 is for the purposes 
  6.7   defined under the rail service 
  6.8   improvement program under Minnesota 
  6.9   Statutes, sections 222.46 to 222.63; 
  6.10  and 
  6.11  (2) $3,000,000 is for port development 
  6.12  assistance grants under Minnesota 
  6.13  Statutes, chapter 457A.  Any 
  6.14  improvement made with the proceeds of 
  6.15  these grants must be owned by a public 
  6.16  body. 
  6.17  Subd. 5.  Passenger Rail Transit         500,000        500,000
  6.18  For 2001 - $23,000,000
  6.19  This appropriation is from the general 
  6.20  fund.  The amounts that may be spent 
  6.21  from this appropriation for each 
  6.22  activity are as follows: 
  6.23  (a) Passenger Rail Administration
  6.24         500,000        500,000
  6.25  For administration and oversight of 
  6.26  rail corridor studies and 
  6.27  implementation.  This amount adds to 
  6.28  the agency's budget base. 
  6.29  The office of passenger rail transit 
  6.30  must establish a working group 
  6.31  consisting of local elected officials 
  6.32  and residents living near a proposed 
  6.33  community rail station in each city in 
  6.34  which a commuter rail station is 
  6.35  proposed to be located to discuss and 
  6.36  address local concerns regarding public 
  6.37  safety and security in and around 
  6.38  commuter rail stations. 
  6.39  The commissioner shall pay, from this 
  6.40  appropriation, the fees and costs 
  6.41  attributable to the state's membership 
  6.42  in the Midwest interstate passenger 
  6.43  rail compact under Minnesota Statutes, 
  6.44  section 218.75. 
  6.45  (b) Corridor Studies and Facility
  6.46  For 2001 - $23,000,000
  6.47  This amount is onetime only and is 
  6.48  available until spent. 
  6.49  $10,000,000 is for preliminary 
  6.50  engineering and environmental analysis 
  6.51  activities for the 130-mile section of 
  6.52  the midwest regional rail corridor in 
  6.53  Minnesota.  The work tasks must 
  6.54  include, but are not limited to:  a 
  6.55  corridor condition assessment; station 
  7.1   development and location; 
  7.2   communications and signal systems 
  7.3   evaluation; safety and traffic 
  7.4   analysis; drainage and hydraulics 
  7.5   analysis; analysis of land use and 
  7.6   development issues; noise, water, and 
  7.7   air quality analysis; impacts on 
  7.8   historic and archaeological sites; and 
  7.9   other potential impacts. 
  7.10  A portion of this appropriation may be 
  7.11  used for engineering and environmental 
  7.12  analysis activities for the Red Rock 
  7.13  corridor from Hastings to Minneapolis. 
  7.14  $10,000,000 is to match federal funds 
  7.15  for right-of-way acquisition and final 
  7.16  design for the Northstar commuter rail 
  7.17  corridor.  This is intended to be the 
  7.18  first phase of the state's portion of 
  7.19  the construction and equipping of the 
  7.20  Northstar commuter rail project.  Any 
  7.21  design adopted by the commissioner for 
  7.22  a commuter rail corridor must mitigate 
  7.23  noise near station locations to the 
  7.24  maximum extent feasible.  The 
  7.25  commissioner shall consult with elected 
  7.26  officials and residents in the affected 
  7.27  community prior to finalizing the 
  7.28  design. 
  7.29  $3,000,000 is for a grant to the city 
  7.30  of St. Paul to purchase the Union Depot.
  7.31  Subd. 6.  Motor Carrier Regulation   4,024,000      4,123,000
  7.32                Summary by Fund
  7.33  General                 122,000       126,000
  7.34  Trunk Highway         3,902,000     3,997,000
  7.35  $500,000 each year is for commercial 
  7.36  vehicle information systems.  Of this 
  7.37  amount, $325,000 adds to the agency's 
  7.38  budget base. 
  7.39  Subd. 7.  Local Roads              512,049,000    527,940,000
  7.40                Summary by Fund
  7.41  General
  7.42  For 2001 - $63,000,000
  7.43  C.S.A.H.            405,330,000   418,113,000
  7.44  M.S.A.S.            106,469,000   109,827,000
  7.45  The amounts that may be spent from this 
  7.46  appropriation for each activity are as 
  7.47  follows:  
  7.48  (a) County State Aids 
  7.49     405,330,000    418,113,000
  7.50  This appropriation is from the county 
  7.51  state-aid highway fund and is available 
  7.52  until spent.  
  8.1   (b) Municipal State Aids 
  8.2      106,469,000    109,827,000
  8.3   This appropriation is from the 
  8.4   municipal state-aid street fund and is 
  8.5   available until spent.  
  8.6   If an appropriation for either county 
  8.7   state aids or municipal state aids does 
  8.8   not exhaust the balance in the fund 
  8.9   from which it is made in the year for 
  8.10  which it is made, the commissioner of 
  8.11  finance, upon request of the 
  8.12  commissioner of transportation, shall 
  8.13  notify the chair of the transportation 
  8.14  finance committee of the house of 
  8.15  representatives and the chair of the 
  8.16  transportation budget division of the 
  8.17  senate of the amount of the remainder 
  8.18  and shall then add that amount to the 
  8.19  appropriation.  The amount added is 
  8.20  appropriated for the purposes of county 
  8.21  state aids or municipal state aids, as 
  8.22  appropriate.  
  8.23  (c) Local Bridge Replacement
  8.24  and Rehabilitation
  8.25         250,000        -0-    
  8.26  For 2001 - $10,000,000
  8.27  This appropriation is onetime only from 
  8.28  the general fund and is available until 
  8.29  spent. 
  8.30  To match federal money and to replace 
  8.31  or rehabilitate local deficient 
  8.32  bridges.  Political subdivisions may 
  8.33  use grants made under this subdivision 
  8.34  to construct or reconstruct bridges, 
  8.35  including:  
  8.36  (1) matching federal aid grants to 
  8.37  construct or reconstruct key bridges; 
  8.38  (2) paying the costs of preliminary 
  8.39  engineering and environmental studies 
  8.40  authorized under Minnesota Statutes, 
  8.41  section 174.50, subdivision 6a; 
  8.42  (3) paying the costs to abandon an 
  8.43  existing bridge that is deficient and 
  8.44  in need of replacement, but where no 
  8.45  replacement will be made; and 
  8.46  (4) paying the cost to construct a road 
  8.47  or street to facilitate the abandonment 
  8.48  of an existing bridge determined by the 
  8.49  commissioner to be deficient, if the 
  8.50  commissioner determines that 
  8.51  construction of the road or street is 
  8.52  more economical than replacing the 
  8.53  existing bridge.  
  8.54  Of this amount, $250,000 is for a grant 
  8.55  to the city of Akeley to match the 
  8.56  local share of the costs of 
  8.57  reconstructing a bridge on marked trunk 
  8.58  highway No. 64 where the bridge bisects 
  9.1   the Crow Wing lakes. 
  9.2   (d) Turnbacks
  9.3   For 2001 - $3,000,000
  9.4   This appropriation is onetime only from 
  9.5   the general fund and is available until 
  9.6   spent. 
  9.7   Of this appropriation, $2,000,000 is 
  9.8   for transfer to the county turnback 
  9.9   account and $1,000,000 is for transfer 
  9.10  to the municipal turnback account. 
  9.11  (e) Local Road Improvement Fund
  9.12  For 2001 - $50,000,000
  9.13  This appropriation is onetime only from 
  9.14  the general fund and is available until 
  9.15  spent.  This appropriation is for 
  9.16  transfer to the local road improvement 
  9.17  fund under Minnesota Statutes, section 
  9.18  174.52.  Of this appropriation, 
  9.19  $18,000,000 is for transfer to the 
  9.20  trunk highway corridor account, 
  9.21  $18,000,000 is for transfer to the 
  9.22  local road development account, 
  9.23  $10,000,000 is for transfer to the 
  9.24  small cities and towns account, of 
  9.25  which $8,000,000 is for distribution to 
  9.26  small cities and $2,000,000 is for 
  9.27  distribution to towns, and $4,000,000 
  9.28  is for transfer to the noise wall 
  9.29  account. 
  9.30  Of the amount in the noise wall 
  9.31  account, $750,000 must be used for a 
  9.32  demonstration project for constructing 
  9.33  masonry sound walls.  After 
  9.34  construction of masonry sound walls 
  9.35  with this appropriation, the 
  9.36  commissioner shall evaluate the masonry 
  9.37  sound walls for the house of 
  9.38  representatives and senate 
  9.39  transportation committees. 
  9.40  Subd. 8.  State Roads                974,735,000    988,138,000
  9.41                Summary by Fund
  9.42  General                  9,000          9,000
  9.43  For 2001 - $100,000,000
  9.44  Trunk Highway      974,726,000    988,129,000
  9.45  The amounts that may be spent from this 
  9.46  appropriation for each activity are as 
  9.47  follows:  
  9.48  (a) State Road Construction 
  9.49     562,567,000    562,567,000
  9.50  It is estimated that these 
  9.51  appropriations will be funded as 
  9.52  follows:  
  9.53  Federal Highway Aid 
 10.1      275,000,000    300,000,000
 10.2   Highway User Taxes 
 10.3      287,567,000    262,567,000
 10.4   The commissioner of transportation 
 10.5   shall notify the chair of the 
 10.6   transportation budget division of the 
 10.7   senate and chair of the transportation 
 10.8   finance committee of the house of 
 10.9   representatives quarterly of any events 
 10.10  that should cause these estimates to 
 10.11  change. 
 10.12  This appropriation is for the actual 
 10.13  construction, reconstruction, and 
 10.14  improvement of trunk highways.  This 
 10.15  includes the cost of actual payment to 
 10.16  landowners for lands acquired for 
 10.17  highway rights-of-way, payment to 
 10.18  lessees, interest subsidies, and 
 10.19  relocation expenses. 
 10.20  The commissioner may transfer up to 
 10.21  $15,000,000 each year to the trunk 
 10.22  highway revolving loan account. 
 10.23  The commissioner may receive money 
 10.24  covering other shares of the cost of 
 10.25  partnership projects.  These receipts 
 10.26  are appropriated to the commissioner 
 10.27  for these projects. 
 10.28  (b) General Fund State Road
 10.29  Construction
 10.30  For 2001 - $100,000,000
 10.31  (1) This appropriation is onetime only 
 10.32  from the general fund for the 
 10.33  construction, reconstruction, and 
 10.34  improvement of trunk highways.  The 
 10.35  commissioner shall allocate this 
 10.36  appropriation to the eight state 
 10.37  construction districts using the target 
 10.38  allocation formula commonly used to 
 10.39  distribute biennial appropriations for 
 10.40  road construction purposes.  The 
 10.41  districts shall give priority to 
 10.42  projects that preserve and repair 
 10.43  existing trunk highways or make 
 10.44  safety-related improvements and that 
 10.45  can be accomplished during the 
 10.46  2002-2003 fiscal biennium. 
 10.47  Of the appropriations under this 
 10.48  paragraph, the commissioner may not 
 10.49  spend more than $10,000,000 for program 
 10.50  delivery. 
 10.51  (2) The appropriations under this 
 10.52  paragraph are available through June 
 10.53  30, 2003.  On July 1, 2003, any part of 
 10.54  this appropriation not spent cancels to 
 10.55  the trunk highway fund.  The 
 10.56  commissioner shall report by February 
 10.57  1, 2003, to the chairs of the senate 
 10.58  and house of representatives committees 
 10.59  having jurisdiction over transportation 
 10.60  policy and transportation finance on 
 10.61  any projects that the department of 
 11.1   transportation has scheduled to be 
 11.2   constructed with this appropriation 
 11.3   that the commissioner determines will 
 11.4   be canceled or delayed as a result of 
 11.5   any part of this appropriation 
 11.6   canceling to the trunk highway fund.  
 11.7   For purposes of this paragraph, money 
 11.8   encumbered by the commissioner for a 
 11.9   trunk highway project is considered to 
 11.10  be spent. 
 11.11  (c) Report on General Fund
 11.12  Road Construction
 11.13  By August 1 of 2001, 2002, and 2003, 
 11.14  the commissioner shall report to the 
 11.15  chairs of the senate and house of 
 11.16  representatives committees with 
 11.17  jurisdiction over transportation policy 
 11.18  and finance on the status of each 
 11.19  project that is financed in whole or in 
 11.20  part from the money appropriated under 
 11.21  paragraph (b).  For each such project 
 11.22  the report must identify:  
 11.23  (1) the estimated full cost; 
 11.24  (2) an estimate of the original and new 
 11.25  schedule for completion; and 
 11.26  (3) an estimate of the schedule for 
 11.27  completion and description of projects 
 11.28  that will be moved forward in the 
 11.29  district's ten-year plan due to the 
 11.30  availability of the appropriation in 
 11.31  paragraph (b). 
 11.32  (d) Highway Debt Service 
 11.33      19,235,000     24,228,000
 11.34  $9,235,000 the first year and 
 11.35  $14,228,000 the second year are for 
 11.36  transfer to the state bond fund. 
 11.37  If this appropriation is insufficient 
 11.38  to make all transfers required in the 
 11.39  year for which it is made, the 
 11.40  commissioner of finance shall notify 
 11.41  the committee on state government 
 11.42  finance of the senate and the committee 
 11.43  on ways and means of the house of 
 11.44  representatives of the amount of the 
 11.45  deficiency and shall then transfer that 
 11.46  amount under the statutory open 
 11.47  appropriation.  
 11.48  Any excess appropriation must be 
 11.49  canceled to the trunk highway fund. 
 11.50  (e) Research and Investment Management 
 11.51      12,337,000     12,361,000
 11.52  $600,000 the first year and $600,000 
 11.53  the second year are available for 
 11.54  grants for transportation studies 
 11.55  outside the metropolitan area to 
 11.56  identify critical concerns, problems, 
 11.57  and issues.  These grants are available 
 11.58  to (1) regional development 
 12.1   commissions, and (2) in regions where 
 12.2   no regional development commission is 
 12.3   functioning, joint powers boards 
 12.4   established under agreement of two or 
 12.5   more political subdivisions in the 
 12.6   region to exercise the planning 
 12.7   functions of a regional development 
 12.8   commission, and (3) in regions where no 
 12.9   regional development commission or 
 12.10  joint powers board is functioning, the 
 12.11  department's district office for that 
 12.12  region. 
 12.13  $266,000 the first year and $266,000 
 12.14  the second year are available for 
 12.15  grants to metropolitan planning 
 12.16  organizations outside the seven-county 
 12.17  metropolitan area, including the 
 12.18  Mankato area. 
 12.19  $200,000 the first year is for an 
 12.20  update of the statewide transportation 
 12.21  plan. 
 12.22  $100,000 in the first year is for a 
 12.23  study of the feasibility and 
 12.24  desirability of allowing all vehicles 
 12.25  to use lanes on marked interstate 
 12.26  highways No. 394 and No. 35W presently 
 12.27  restricted to high-occupancy vehicles 
 12.28  only.  The commissioner shall determine 
 12.29  a time during which such use shall be 
 12.30  allowed, and take all necessary steps 
 12.31  to permit such use for the period of 
 12.32  the study.  The commissioner shall 
 12.33  contract with an independent consultant 
 12.34  to study the effects of opening the 
 12.35  lanes to all vehicles on traffic flow, 
 12.36  traffic congestion, transit and 
 12.37  high-occupancy vehicle use, and highway 
 12.38  safety on interstate highways No. 394 
 12.39  and No. 35W and other affected 
 12.40  highways.  The commissioner shall 
 12.41  report to the legislature on the 
 12.42  results of the study by February 1, 
 12.43  2002.  The commissioner shall take no 
 12.44  actions with respect to this study that 
 12.45  would result in a loss of federal funds 
 12.46  to the state or significant delay to a 
 12.47  state or local transportation project 
 12.48  financed partly with federal funds. 
 12.49  (f) Central Engineering Services
 12.50      65,031,000     66,338,000
 12.51  (g) Design and Construction Engineering
 12.52      88,835,000     91,046,000
 12.53  (h) State Road Operations
 12.54     221,113,000    225,852,000
 12.55  $2,750,000 the first year and 
 12.56  $2,750,000 the second year are for 
 12.57  facilities' maintenance. 
 12.58  $3,000,000 the first year and 
 12.59  $3,000,000 the second year are for 
 12.60  improved highway striping. 
 13.1   $3,250,000 the first year and 
 13.2   $3,250,000 the second year are for road 
 13.3   equipment and fabrication of auxiliary 
 13.4   equipment for snowplow trucks. 
 13.5   $875,000 the first year and $875,000 
 13.6   the second year are to support highway 
 13.7   signal and lighting maintenance 
 13.8   activities. 
 13.9   (i) Electronic Communications
 13.10       5,617,000      5,746,000
 13.11                Summary by Fund
 13.12  General                   9,000         9,000
 13.13  Trunk Highway         5,608,000     5,737,000
 13.14  Subd. 9.  General Support             52,961,000     53,924,000
 13.15                Summary by Fund
 13.16  General                  54,000        56,000
 13.17  Airports                 70,000        70,000 
 13.18  Trunk Highway        52,837,000    53,798,000
 13.19  The amounts that may be spent from this 
 13.20  appropriation for each activity are as 
 13.21  follows:  
 13.22  (a) General Management       
 13.23      39,273,000     39,990,000
 13.24  $125,000 each year is for a Native 
 13.25  American liaison to establish 
 13.26  relationships with tribal communities. 
 13.27  $6,600,000 each year is for 
 13.28  preservation and improvement of the 
 13.29  agency's information technology 
 13.30  infrastructure. 
 13.31  (b) General Services
 13.32      13,688,000     13,934,000
 13.33                Summary by Fund
 13.34  General                  54,000        56,000
 13.35  Airports                 70,000        70,000 
 13.36  Trunk Highway        13,564,000    13,808,000 
 13.37  If the appropriation for either year is 
 13.38  insufficient, the appropriation for the 
 13.39  other year is available for it.  
 13.40  $2,000,000 each year is for information 
 13.41  technology development activities.  Of 
 13.42  this amount, $1,050,000 each year adds 
 13.43  to the agency budget base. 
 13.44  Subd. 10.  Buildings                   7,716,000     -0-    
 13.45                Summary by Fund
 14.1   Trunk Highway         6,816,000       -0-    
 14.2   Special Revenue         900,000       -0-    
 14.3   $900,000 the first year is from the 
 14.4   driver license account in the special 
 14.5   revenue fund for an addition to the 
 14.6   driver's exam building in Eagan. 
 14.7   Subd. 11.  Transfers
 14.8   (a) The commissioner of transportation 
 14.9   with the approval of the commissioner 
 14.10  of finance may transfer unencumbered 
 14.11  balances among the appropriations from 
 14.12  the trunk highway fund and the state 
 14.13  airports fund made in this section.  No 
 14.14  transfer may be made from the 
 14.15  appropriation for state road 
 14.16  construction.  No transfer may be made 
 14.17  from the appropriations for debt 
 14.18  service to any other appropriation.  
 14.19  Transfers under this paragraph may not 
 14.20  be made between funds.  Transfers must 
 14.21  be reported immediately to the chair of 
 14.22  the transportation budget division of 
 14.23  the senate and the chair of the 
 14.24  transportation finance committee of the 
 14.25  house of representatives.  
 14.26  (b) The commissioner of finance shall 
 14.27  transfer from the flexible account in 
 14.28  the county state-aid highway fund 
 14.29  $6,400,000 the first year and 
 14.30  $2,400,000 the second year to the 
 14.31  municipal turnback account in the 
 14.32  municipal state-aid street fund, and 
 14.33  the remainder in each year to the 
 14.34  county turnback account in the county 
 14.35  state-aid highway fund. 
 14.36  Subd. 12.  Use of State Road 
 14.37  Construction Appropriations 
 14.38  Any money appropriated to the 
 14.39  commissioner of transportation for 
 14.40  state road construction for any fiscal 
 14.41  year before fiscal year 2001 is 
 14.42  available to the commissioner during 
 14.43  fiscal years 2002 and 2003 to the 
 14.44  extent that the commissioner spends the 
 14.45  money on the state road construction 
 14.46  project for which the money was 
 14.47  originally encumbered during the fiscal 
 14.48  year for which it was appropriated. 
 14.49  The commissioner of transportation 
 14.50  shall report to the commissioner of 
 14.51  finance by August 1, 2001, and August 
 14.52  1, 2002, on a form the commissioner of 
 14.53  finance provides, on expenditures made 
 14.54  during the previous fiscal year that 
 14.55  are authorized by this subdivision. 
 14.56  Subd. 13.  Contingent Appropriation 
 14.57  The commissioner of transportation, 
 14.58  with the approval of the governor after 
 14.59  consultation with the legislative 
 14.60  advisory commission under Minnesota 
 14.61  Statutes, section 3.30, may transfer 
 15.1   all or part of the unappropriated 
 15.2   balance in the trunk highway fund to an 
 15.3   appropriation (1) for trunk highway 
 15.4   design, construction, or inspection in 
 15.5   order to take advantage of an 
 15.6   unanticipated receipt of income to the 
 15.7   trunk highway fund, (2) for trunk 
 15.8   highway maintenance in order to meet an 
 15.9   emergency, or (3) to pay tort or 
 15.10  environmental claims.  The amount 
 15.11  transferred is appropriated for the 
 15.12  purpose of the account to which it is 
 15.13  transferred. 
 15.14  Sec. 3.  METROPOLITAN COUNCIL  
 15.15  TRANSIT                               68,101,000     68,101,000
 15.17  For 2001 - $60,000,000
 15.18  Subdivision 1.  Transit Operations    68,101,000     68,101,000
 15.19  The council may not spend more than 
 15.20  $42,200,000 for metro mobility in the 
 15.21  2002-2003 fiscal biennium except for 
 15.22  proceeds from bond sales when use of 
 15.23  those proceeds for metro mobility 
 15.24  capital expenditures is authorized by 
 15.25  law. 
 15.26  For the years ending June 30, 2004, and 
 15.27  June 30, 2005, the budget base for the 
 15.28  general fund appropriations under this 
 15.29  subdivision is transferred from the 
 15.30  general fund to the transit assistance 
 15.31  fund, when the deposit of revenues 
 15.32  specified in article 4, section 46, 
 15.33  takes effect. 
 15.34  Subd. 2.  Bus Garages                 
 15.35  For 2001 - $12,000,000
 15.36  To construct bus garages. 
 15.37  This appropriation is onetime only and 
 15.38  is available until spent. 
 15.39  Subd. 3.  Bus Purchases and
 15.40  Capital Facilities                    
 15.42  For 2001 - $20,000,000
 15.43  This appropriation is for bus 
 15.44  purchases, bus shelters, park and ride 
 15.45  facilities, and other capital 
 15.46  facilities related to bus operations.  
 15.47  The council must use a portion of this 
 15.48  appropriation as capital grants to the 
 15.49  transit systems commonly known as 
 15.50  opt-outs. 
 15.51  Of this amount, $2,000,000 is for 
 15.52  construction of a bus transit hub in 
 15.53  the city of Brooklyn Center. 
 15.54  This appropriation is onetime only and 
 15.55  is available until spent. 
 15.56  $200,000 is for a pilot project which 
 15.57  will decrease traffic and parking needs 
 15.58  in the vicinity of regional parks. 
 16.1   Subd. 4.  Fare Increase
 16.2   Replacement                               
 16.4   For 2001 - $18,000,000
 16.5   This appropriation is a onetime 
 16.6   appropriation for transit operating 
 16.7   purposes to avoid a planned fare 
 16.8   increase.  The metropolitan council may 
 16.9   not increase base fares during the 
 16.10  2002-2003 fiscal biennium without 
 16.11  specific legislative authorization.  
 16.12  The metropolitan council must use a 
 16.13  portion of this appropriation as grants 
 16.14  to the transit systems commonly known 
 16.15  as opt-outs to replace revenue expected 
 16.16  from the fare increase. 
 16.17  Subd. 5.  Transit Ways                
 16.18  For 2001 - $10,000,000
 16.19  For engineering, design, and 
 16.20  construction of transit ways, 
 16.21  including, but not limited to, 
 16.22  acquisition of land and right-of-way. 
 16.23  This appropriation is onetime only and 
 16.24  is available until spent. 
 16.25  Of this appropriation, $4,000,000 is 
 16.26  for a grant to the Dakota county 
 16.27  regional rail authority to be used as 
 16.28  follows: 
 16.29  (1) $2,000,000 is for a feasibility 
 16.30  study, environmental studies, and 
 16.31  preliminary engineering in the Cedar 
 16.32  Avenue corridor to link the Hiawatha, 
 16.33  Riverview, and Northstar transit 
 16.34  corridors in Dakota county and to 
 16.35  provide connection with marked 
 16.36  interstate highways I-35E and I-35; and 
 16.37  (2) $2,000,000 is for a transit 
 16.38  feasibility study, environmental 
 16.39  studies, and preliminary engineering in 
 16.40  the corridor that includes trunk 
 16.41  highway Nos. 52 and 3/Robert Street.  
 16.42  The study must include an evaluation of 
 16.43  transit alternatives in the corridor, 
 16.44  including improved bus services and 
 16.45  related facilities, or providing a 
 16.46  dedicated bus transit way, or light 
 16.47  rail transit.  The study must include 
 16.48  an evaluation of connections to 
 16.49  downtown St. Paul and the Riverview and 
 16.50  Red Rock transit corridors. 
 16.51  Of this appropriation, $5,000,000 is 
 16.52  for a grant to the Ramsey county 
 16.53  regional rail authority for 
 16.54  environmental studies, preliminary 
 16.55  engineering, and implementation of 
 16.56  major transit improvements in the 
 16.57  central corridor linking downtown 
 16.58  Minneapolis and downtown St. Paul. 
 16.59  $1,000,000 is for a grant to the Rush 
 16.60  Line joint power board to implement 
 16.61  potential transit improvements, 
 17.1   including park and ride facilities and 
 17.2   bus lanes. 
 17.3   Sec. 4.  PUBLIC SAFETY
 17.4   Subdivision 1.  Total       
 17.5   Appropriation                        110,466,000    113,083,000 
 17.7   For 2001 - $3,020,000
 17.8                 Summary by Fund
 17.9   General              12,290,000     12,046,000
 17.10  For 2001 - $1,700,000
 17.11  Trunk
 17.12  Highway              64,798,000     68,367,000
 17.13  For 2001 - $445,000
 17.14  Highway User         11,428,000     11,061,000
 17.15  For 2001 - $875,000
 17.16  Special 
 17.17  Revenue              21,950,000     21,609,000
 17.18  Subd. 2.  Administration 
 17.19  and Related Services                  13,169,000     13,365,000
 17.20                Summary by Fund
 17.21  General               4,578,000      4,603,000
 17.22  Trunk Highway         7,206,000      7,377,000
 17.23  Highway User          1,385,000      1,385,000
 17.24  (a) Office of Communications
 17.25         390,000        398,000
 17.26                Summary by Fund
 17.27  General                  20,000        20,000
 17.28  Trunk Highway           370,000       378,000
 17.29  (b) Public Safety Support
 17.30       7,903,000      7,995,000
 17.31                Summary by Fund
 17.32  General               3,086,000      3,087,000
 17.33  Trunk Highway         3,451,000      3,542,000
 17.34  Highway User          1,366,000      1,366,000
 17.35  $326,000 the first year and $326,000 
 17.36  the second year are for payment of 
 17.37  public safety officer survivor benefits 
 17.38  under Minnesota Statutes, section 
 17.39  299A.44.  If the appropriation for 
 17.40  either year is insufficient, the 
 17.41  appropriation for the other year is 
 17.42  available for it. 
 17.43  $314,000 the first year and $314,000 
 18.1   the second year are to be deposited in 
 18.2   the public safety officer's benefit 
 18.3   account.  This money is available for 
 18.4   reimbursements under Minnesota 
 18.5   Statutes, section 299A.465. 
 18.6   $508,000 the first year and $508,000 
 18.7   the second year are for soft body armor 
 18.8   reimbursements under Minnesota 
 18.9   Statutes, section 299A.38.  
 18.10  (c) Technical Support Services
 18.11       4,876,000       4,972,000
 18.12                Summary by Fund
 18.13  General               1,472,000      1,496,000
 18.14  Trunk Highway         3,385,000      3,457,000
 18.15  Highway User             19,000         19,000
 18.16  Subd. 3.  State Patrol                62,846,000     64,205,000
 18.17                Summary by Fund
 18.18  General               5,479,000      3,447,000
 18.19  Trunk Highway        57,275,000     60,666,000
 18.20  Highway User             92,000         92,000
 18.21  (a) Patrolling Highways
 18.22       50,905,000     54,111,000
 18.23                Summary by Fund
 18.24  General                  37,000        37,000
 18.25  For 2001 - $1,625,000
 18.26  Trunk Highway        50,776,000    53,982,000
 18.27  Highway Users            92,000        92,000
 18.28  $1,625,000 in fiscal year 2001 from the 
 18.29  general fund is onetime only and is for 
 18.30  the purchase of video cameras for 
 18.31  installation in state patrol vehicles 
 18.32  and is available until June 30, 2003. 
 18.33  Of this appropriation, $1,212,000 the 
 18.34  first year and $3,082,000 the second 
 18.35  year from the trunk highway fund are 
 18.36  for 65 new patrol positions and the 
 18.37  recruit training academy. 
 18.38  (b) Commercial Vehicle Enforcement
 18.39       6,295,000      6,474,000
 18.40  This appropriation is from the trunk 
 18.41  highway fund. 
 18.42  (c) Capitol Security
 18.43       4,021,000      3,620,000
 18.44                Summary by Fund
 19.1   General               3,817,000     3,410,000
 19.2   Trunk Highway           204,000       210,000
 19.3   $500,000 the first year from the 
 19.4   general fund is to be used by the 
 19.5   capitol complex security oversight 
 19.6   committee described in Minnesota 
 19.7   Statutes, section 299E.03.  The 
 19.8   committee's chair shall use the money 
 19.9   at the direction of the committee and 
 19.10  with the advice of the commissioner to 
 19.11  purchase and install security 
 19.12  technology in the capitol complex.  
 19.13  Legislative members of the committee 
 19.14  may not vote on how the money is to be 
 19.15  used.  The technology must include, but 
 19.16  is not limited to, video cameras, and 
 19.17  must be designed to enhance the safety 
 19.18  of legislators, constitutional 
 19.19  officers, members of the judiciary, 
 19.20  commissioners of state agencies, 
 19.21  visiting dignitaries, and members of 
 19.22  the public. 
 19.23  By January 15, 2002, the committee's 
 19.24  chair shall report on how the money was 
 19.25  spent to the chairs of the senate and 
 19.26  house of representatives committees or 
 19.27  divisions having jurisdiction over 
 19.28  capitol complex security.  The 
 19.29  commissioner may, upon request of the 
 19.30  committee, transfer this appropriation 
 19.31  to the department of administration. 
 19.32  Subd. 4.  Driver and
 19.33  Vehicle Services                      34,780,000     34,195,000
 19.34  For 2001 - $75,000
 19.35                Summary by Fund
 19.36  General               3,858,000      3,996,000
 19.37  For 2001 - $75,000
 19.38  Trunk Highway           -0-            -0-    
 19.39  For 2001 - $445,000
 19.40  Highway User          9,951,000      9,584,000 
 19.41  For 2001 - $875,000
 19.42  Special Revenue      20,971,000     20,615,000
 19.43  (a) Vehicle Registration 
 19.44  and Title
 19.45      13,754,000     13,524,000
 19.46                Summary by Fund
 19.47  General               3,803,000     3,940,000
 19.48  Highway User          9,951,000     9,584,000
 19.49  For 2001 - $875,000
 19.50  $875,000 from the highway user fund is 
 19.51  added to the appropriation for fiscal 
 20.1   year 2001 in Laws 1999, chapter 238, 
 20.2   article 1, section 4, subdivision 4a, 
 20.3   for increased license plate costs. 
 20.4   (b) Licensing Drivers 
 20.5       21,026,000     20,671,000
 20.6                 Summary by Fund
 20.7   General                  55,000        56,000
 20.8   For 2001 - $75,000
 20.9   Special Revenue      20,971,000    20,615,000
 20.10  Trunk Highway           -0-           -0-    
 20.11  For 2001 - $445,000
 20.12  $445,000 from the trunk highway fund is 
 20.13  added to the appropriation for fiscal 
 20.14  year 2001 in Laws 1999, chapter 238, 
 20.15  article 1, section 4, subdivision 4c, 
 20.16  for increased driver's license card 
 20.17  production costs. 
 20.18  $75,000 in fiscal year 2001 from the 
 20.19  general fund is for translating the 
 20.20  driver's manual. 
 20.21  Subd. 5.  Traffic Safety                 317,000        324,000
 20.22  This appropriation is from the trunk 
 20.23  highway fund. 
 20.24  Subd. 6.  Pipeline Safety                979,000        994,000
 20.25  This appropriation is from the pipeline 
 20.26  safety account in the special revenue 
 20.27  fund. 
 20.28  Sec. 5.  MINNESOTA SAFETY   
 20.29  COUNCIL                                   67,000         67,000 
 20.30  This is an ongoing appropriation. 
 20.31  Sec. 6.  FINANCE                          
 20.32  For 2001 - $10,000,000
 20.33  For transfer to the transportation 
 20.34  revolving fund. 
 20.35  This appropriation is onetime only from 
 20.36  the general fund. 
 20.37  Sec. 7.  GENERAL CONTINGENT 
 20.38  ACCOUNTS                               5,975,000     5,975,000
 20.39  The appropriations in this section may 
 20.40  only be spent with the approval of the 
 20.41  governor after consultation with the 
 20.42  legislative advisory commission 
 20.43  pursuant to Minnesota Statutes, section 
 20.44  3.30. 
 20.45  If an appropriation in this section for 
 20.46  either year is insufficient, the 
 20.47  appropriation for the other year is 
 20.48  available for it.  
 21.1                 Summary by Fund
 21.2   General Fund          5,100,000     5,100,000
 21.3   Special Revenue         400,000       400,000
 21.4   Trunk Highway           200,000       200,000
 21.5   Highway User            125,000       125,000
 21.6   Airports                 50,000        50,000
 21.7   Workers' Compensation   100,000       100,000
 21.8   $4,400,000 the first year from the 
 21.9   general fund is for the fiscal year 
 21.10  2001 required match of federal disaster 
 21.11  assistance for all currently open 
 21.12  presidential declared disasters and is 
 21.13  added to the appropriation in Laws 
 21.14  1999, chapter 216, article 1, section 
 21.15  7, subdivision 2, for the state match 
 21.16  of federal disaster assistance money 
 21.17  under Minnesota Statutes, section 
 21.18  12.221.  This appropriation is 
 21.19  available to fund state obligations 
 21.20  incurred through the receipt of federal 
 21.21  disaster assistance grants and is 
 21.22  available the day following final 
 21.23  enactment. 
 21.24  Sec. 8.  TORT CLAIMS                     600,000       600,000
 21.25  To be spent by the commissioner of 
 21.26  finance.  
 21.27  This appropriation is from the trunk 
 21.28  highway fund. 
 21.29  If the appropriation for either year is 
 21.30  insufficient, the appropriation for the 
 21.31  other year is available for it. 
 21.32                             ARTICLE 2
 21.33                  CRIMINAL JUSTICE APPROPRIATIONS 
 21.34  Section 1.  [APPROPRIATIONS.] 
 21.35     The sums shown in the columns marked "APPROPRIATIONS" are 
 21.36  appropriated from the general fund, or another named fund, to 
 21.37  the agencies and for the purposes specified in this article, to 
 21.38  be available for the fiscal years indicated for each purpose.  
 21.39  The figures "2001," "2002," and "2003," where used in this 
 21.40  article, mean that the appropriations listed under them are 
 21.41  available for the year ending June 30, 2001, June 30, 2002, or 
 21.42  June 30, 2003, respectively.  The term "first year" means the 
 21.43  year ending June 30, 2002, and the term "second year" means the 
 21.44  year ending June 30, 2003.  Appropriations for the year ending 
 21.45  June 30, 2001, are in addition to appropriations made in 
 22.1   previous years.  All 2001 appropriations in this article are 
 22.2   effective immediately on final enactment and do not cancel, but 
 22.3   are available until expended. 
 22.4                           SUMMARY BY FUND
 22.5                             2002          2003           TOTAL
 22.6   General            $   85,426,000 $   83,660,000 $  169,086,000
 22.7   For 2001 - $16,300,000
 22.8   Special Revenue         5,983,000      5,421,000     11,404,000
 22.9   Environmental              47,000         49,000         96,000
 22.10  State Government 
 22.11  Special Revenue             7,000          7,000         14,000
 22.12  Trunk Highway             354,000        361,000        715,000
 22.13  TOTAL              $   91,817,000 $   89,498,000 $  181,315,000
 22.14  For 2001 - $16,300,000
 22.15                                             APPROPRIATIONS 
 22.16                                         Available for the Year 
 22.17                                             Ending June 30 
 22.18                                            2002         2003 
 22.19  Sec. 2.  CRIME VICTIM 
 22.20  OMBUDSMAN                                408,000      419,000
 22.21  Sec. 3.  PUBLIC SAFETY
 22.22  Subdivision 1.  Total 
 22.23  Appropriation                         96,928,000   88,882,000
 22.24  For 2001 - $16,300,000
 22.25                Summary by Fund
 22.26                          2002          2003
 22.27  General             84,874,000    83,093,000 
 22.28  For 2001 - $16,300,000
 22.29  Special Revenue      1,291,000       697,000 
 22.30  State Government 
 22.31  Special Revenue          7,000         7,000  
 22.32  Environmental           47,000        49,000  
 22.33  Trunk Highway          354,000       361,000   
 22.34  The amounts that may be spent from this 
 22.35  appropriation for each program are 
 22.36  specified in the following subdivisions.
 22.37  Subd. 2.  Emergency Management
 22.38                Summary by Fund
 22.39  General                7,591,000    7,633,000
 22.40  For 2001 - $6,000,000
 23.1   Environmental             47,000       49,000
 23.2   (a) The department may carry $82,000 
 23.3   from the biennium ending June 30, 2001, 
 23.4   to the biennium ending June 30, 2003. 
 23.5   (b) $5,000,000 the first year and 
 23.6   $5,000,000 the second year from the 
 23.7   general fund are for the state match of 
 23.8   federal disaster assistance money under 
 23.9   Minnesota Statutes, section 12.221.  
 23.10  The unused balance each year must be 
 23.11  transferred to the state's general 
 23.12  contingent account. 
 23.13  (c) $6,000,000 in fiscal year 2001 from 
 23.14  the general fund is for a grant to the 
 23.15  city of Granite Falls to assist with 
 23.16  tornado-related costs that are not 
 23.17  eligible for reimbursement under the 
 23.18  Federal Emergency Management Agency 
 23.19  disaster relief programs, including 
 23.20  acquisition and cleanup costs of 
 23.21  ineligible properties; costs of lost 
 23.22  interest earnings; and costs of damage 
 23.23  assessment, repair, replacement, 
 23.24  extension, or improvement of publicly 
 23.25  owned wastewater and municipal utility 
 23.26  services and drinking water systems, 
 23.27  and is available until June 30, 2003. 
 23.28  (d) $1,022,000 the first year and 
 23.29  $1,026,000 the second year from the 
 23.30  general fund are for hazardous 
 23.31  materials emergency response/chemical 
 23.32  assessment teams.  The commissioner 
 23.33  shall maintain operation of four 
 23.34  combined hazardous materials emergency 
 23.35  response/chemical assessment teams and 
 23.36  six stand-alone chemical assessment 
 23.37  teams with this appropriation. 
 23.38  Subd. 3.  Criminal Apprehension 
 23.39                Summary by Fund
 23.40  General              31,500,000   31,786,000
 23.41  For 2001 - $8,000,000
 23.42  Special Revenue       1,291,000      697,000
 23.43  State Government
 23.44  Special Revenue           7,000        7,000
 23.45  Trunk Highway           354,000      361,000
 23.46  (a) $99,000 the first year and $99,000 
 23.47  the second year from the bureau of 
 23.48  criminal apprehension account in the 
 23.49  special revenue fund are for grants to 
 23.50  local officials for the cooperative 
 23.51  investigation of cross-jurisdictional 
 23.52  criminal activity.  Any unencumbered 
 23.53  balance remaining in the first year 
 23.54  does not cancel but is available for 
 23.55  the second year. 
 23.56  (b) $1,332,000 the first year and 
 23.57  $1,357,000 the second year from the 
 23.58  general fund are for laboratory 
 24.1   analysis related to driving while 
 24.2   impaired cases. 
 24.3   (c) Notwithstanding Minnesota Statutes, 
 24.4   section 161.20, subdivision 3, $354,000 
 24.5   the first year and $361,000 the second 
 24.6   year from the trunk highway fund are 
 24.7   for laboratory analysis related to 
 24.8   driving while impaired cases. 
 24.9   (d) $750,000 the first year and 
 24.10  $750,000 the second year are for the 
 24.11  CriMNet project components to maintain 
 24.12  the CriMNet enterprise model for use in 
 24.13  all criminal justice information 
 24.14  systems implementation efforts, and to 
 24.15  staff other CriMNet activities. 
 24.16  (e) $8,000,000 in fiscal year 2001, 
 24.17  $1,000,000 the first year and 
 24.18  $1,000,000 the second year are onetime 
 24.19  appropriations for grants under 
 24.20  Minnesota Statutes, section 299C.65, 
 24.21  subdivision 7, to implement criminal 
 24.22  justice information integration plans 
 24.23  for entities that have completed 
 24.24  integration plans under Minnesota 
 24.25  Statutes, section 299C.65, subdivision 
 24.26  6, and are available until June 30, 
 24.27  2003. 
 24.28  (f) $500,000 the first year and 
 24.29  $500,000 the second year are onetime 
 24.30  appropriations for grants to develop 
 24.31  criminal justice information 
 24.32  integration plans under Minnesota 
 24.33  Statutes, section 299C.65, subdivision 
 24.34  6. 
 24.35  (g) $1,000,000 the first year and 
 24.36  $1,000,000 the second year are for the 
 24.37  CriMNet project component to work on 
 24.38  eliminating records currently in the 
 24.39  criminal history suspense file, and to 
 24.40  assist local agencies in changing their 
 24.41  business practices to prevent 
 24.42  inaccurate and incomplete data from 
 24.43  being submitted. 
 24.44  Subd. 4.  Fire Marshal 
 24.45       3,280,000      3,363,000
 24.46  $99,000 the first year and $102,000 the 
 24.47  second year from the general fund are 
 24.48  for hazardous materials emergency 
 24.49  response/chemical assessment teams. 
 24.50  Subd. 5.  Alcohol and Gambling Enforcement
 24.51       1,822,000      1,864,000
 24.52  Subd. 6.  Crime Victim Services Center
 24.53      32,682,000     32,536,000
 24.54  For 2001 - $300,000
 24.55  (a) $300,000 in fiscal year 2001 and 
 24.56  $100,000 the second year are for the 
 24.57  statewide automated victim notification 
 25.1   system described in Minnesota Statutes, 
 25.2   section 299A.76.  Of this amount, 
 25.3   $100,000 the second year adds to the 
 25.4   agency's base budget. 
 25.5   (b) $280,000 the first year is a 
 25.6   onetime appropriation for the pilot 
 25.7   project grant program to provide 
 25.8   neighborhood-based services to crime 
 25.9   victims and witnesses described in 
 25.10  section 14.  The grant recipient or 
 25.11  recipients shall use the grant money to 
 25.12  offer services in a minimum of five 
 25.13  locations, at least three of which must 
 25.14  be locations where these types of 
 25.15  services are not currently offered. 
 25.16  (c) $250,000 the first year and 
 25.17  $250,000 the second year are onetime 
 25.18  appropriations for a sexual assault 
 25.19  multidisciplinary action response teams 
 25.20  grant program.  Of this appropriation, 
 25.21  $75,000 each year is for technical 
 25.22  assistance and training services 
 25.23  provided by the sexual assault justice 
 25.24  institute of the Minnesota coalition 
 25.25  against sexual assault.  To receive 
 25.26  state funds, grantees must provide a 25 
 25.27  percent match.  The match may include 
 25.28  in-kind services. 
 25.29  The executive director, in consultation 
 25.30  with the sexual assault advisory 
 25.31  council, shall make grants to counties 
 25.32  or groups of counties to establish 
 25.33  response teams.  The response teams are 
 25.34  responsible for developing interagency 
 25.35  protocols following the eight-step 
 25.36  process developed as the Minnesota 
 25.37  model sexual assault response 
 25.38  protocol.  Response teams shall work in 
 25.39  collaboration with the sexual violence 
 25.40  justice institute of the Minnesota 
 25.41  coalition against sexual assault. 
 25.42  Response teams shall include: 
 25.43  (1) a chief law enforcement officer or 
 25.44  designee; 
 25.45  (2) a county attorney or designee; 
 25.46  (3) a victims' advocate; and 
 25.47  (4) a medical evidentiary exam provider.
 25.48  Additional representation may include, 
 25.49  but is not limited to:  mental health 
 25.50  professionals, representatives from 
 25.51  institutions of higher learning, 
 25.52  representatives from district court 
 25.53  administration, representatives from 
 25.54  corrections agencies, clergy, and 
 25.55  community-based agencies providing 
 25.56  services to victims of sexual assault. 
 25.57  The executive director shall award up 
 25.58  to ten grants in a manner that attempts 
 25.59  to ensure statewide distribution of 
 25.60  response teams. 
 26.1   (d) $1,000,000 the first year and 
 26.2   $1,000,000 the second year are onetime 
 26.3   appropriations for per diem funding for 
 26.4   battered women shelters under Minnesota 
 26.5   Statutes, section 611A.32, and for safe 
 26.6   homes. 
 26.7   Subd. 7.  Law Enforcement and Community Grants
 26.8       7,999,000      5,911,000
 26.9   For 2001 - $2,000,000
 26.10  (a) $250,000 the first year is a 
 26.11  onetime appropriation for a grant to 
 26.12  the Pennington county sheriff for 
 26.13  implementation of an 800 MHz trunked 
 26.14  public safety radio system. 
 26.15  (b) $1,000,000 the first year is a 
 26.16  onetime appropriation for grants under 
 26.17  Minnesota Statutes, section 299C.065, 
 26.18  subdivision 1, clause (1), for 
 26.19  increased law enforcement costs 
 26.20  relating to methamphetamine trafficking 
 26.21  and production.  Grant recipients must 
 26.22  be chosen by the office of drug policy 
 26.23  and violence prevention after 
 26.24  consulting with the narcotics 
 26.25  enforcement coordinating committee.  
 26.26  Grants must be allocated in a balanced 
 26.27  manner among rural, suburban, and urban 
 26.28  drug task force agencies.  Grants may 
 26.29  be awarded and used for the following 
 26.30  items relating to clandestine 
 26.31  methamphetamine labs: 
 26.32  (1) increased general law enforcement 
 26.33  costs; 
 26.34  (2) training materials and public 
 26.35  awareness publications; 
 26.36  (3) peace officer training courses, 
 26.37  certification, and equipment; and 
 26.38  (4) reimbursements to law enforcement 
 26.39  agencies for extraordinary or unusual 
 26.40  overtime and investigative expenses. 
 26.41  Grants must not be used for 
 26.42  methamphetamine lab site cleanup or 
 26.43  disposal of seized equipment or 
 26.44  chemicals.  Additionally, grants must 
 26.45  not supplant current local spending or 
 26.46  other state or federal grants allocated 
 26.47  by the commissioner of public safety 
 26.48  for similar purposes. 
 26.49  (c) $550,000 the first year and 
 26.50  $550,000 the second year are to 
 26.51  continue to operate the youth 
 26.52  experience alternatives program, which 
 26.53  includes weekend camp programs for 
 26.54  at-risk youth described as the Camp 
 26.55  Ripley weekend camp program in Laws 
 26.56  1997, chapter 239, article 1, section 
 26.57  12, subdivision 3, as amended by Laws 
 26.58  1998, chapter 367, article 10, section 
 26.59  13.  The commissioner shall attempt to 
 26.60  serve at least 500 juveniles per year 
 27.1   within this appropriation.  This 
 27.2   appropriation adds to the agency's base 
 27.3   budget. 
 27.4   (d) $2,000,000 in fiscal year 2001 is a 
 27.5   onetime appropriation for grants 
 27.6   authorized under Minnesota Statutes, 
 27.7   section 299A.66, subdivisions 1 and 2, 
 27.8   and is available until June 30, 2003. 
 27.9   (e) $250,000 the first year and 
 27.10  $250,000 the second year are onetime 
 27.11  appropriations for distribution as 
 27.12  matching funds to counties 
 27.13  participating in multijurisdictional 
 27.14  narcotics task forces that receive 
 27.15  federal Byrne grant funds.  These 
 27.16  matching funds are available statewide 
 27.17  to any county currently participating 
 27.18  in a task force, any county seeking to 
 27.19  join an existing task force, and any 
 27.20  county starting its own task force. 
 27.21  (f) $600,000 the first year is a 
 27.22  onetime appropriation for a grant to 
 27.23  the Ramsey county attorney's office to 
 27.24  continue funding the joint domestic 
 27.25  abuse prosecution unit.  Of this 
 27.26  appropriation, $100,000 is for a grant 
 27.27  to the Ramsey county public defender's 
 27.28  office to continue work related to the 
 27.29  joint domestic abuse prosecution unit.  
 27.30  This appropriation is available until 
 27.31  June 30, 2003. 
 27.32  The Ramsey county attorney's office and 
 27.33  the St. Paul city attorney's office 
 27.34  shall continue the joint domestic abuse 
 27.35  prosecution unit pilot project 
 27.36  established by the legislature under 
 27.37  Laws 2000, chapters 471, section 3; and 
 27.38  488, article 6, section 10.  The 
 27.39  appropriation must be used to continue 
 27.40  the pilot project beyond its first year 
 27.41  of operation and allow a meaningful 
 27.42  evaluation that will benefit other 
 27.43  jurisdictions in Minnesota.  The unit 
 27.44  has authority to prosecute 
 27.45  misdemeanors, gross misdemeanors, and 
 27.46  felonies.  The unit shall also 
 27.47  coordinate efforts with child 
 27.48  protection attorneys.  The unit may 
 27.49  include four cross-deputized assistant 
 27.50  city attorneys and assistant county 
 27.51  attorneys and a police investigator.  A 
 27.52  victim/witness advocate, a law clerk, a 
 27.53  paralegal, and a secretary may provide 
 27.54  support.  
 27.55  The goals of this pilot project are to: 
 27.56  (1) recognize children as both victims 
 27.57  and witnesses in domestic abuse 
 27.58  situations; 
 27.59  (2) recognize and respect the interests 
 27.60  of children in the prosecution of 
 27.61  domestic abuse; and 
 27.62  (3) reduce the exposure to domestic 
 27.63  violence for both adult and child 
 28.1   victims. 
 28.2   By January 15, 2002, the Ramsey county 
 28.3   attorney's office and the St. Paul city 
 28.4   attorney's office shall report to the 
 28.5   chairs and ranking minority members of 
 28.6   the senate and house of representatives 
 28.7   committees and divisions having 
 28.8   jurisdiction over criminal justice 
 28.9   policy and funding on the pilot 
 28.10  project.  The report may include the 
 28.11  number and types of cases referred, the 
 28.12  number of cases charged, the outcome of 
 28.13  cases, and other relevant outcome 
 28.14  measures. 
 28.15  (g) $300,000 the first year and 
 28.16  $300,000 the second year are for grants 
 28.17  to the center for reducing rural 
 28.18  violence to be used by the center to 
 28.19  continue the violence prevention 
 28.20  services and related technical 
 28.21  assistance it currently offers to rural 
 28.22  communities.  This appropriation adds 
 28.23  to the agency's base budget. 
 28.24  (h) $250,000 the first year is for 
 28.25  grants under Minnesota Statutes, 
 28.26  section 299A.62, the community-oriented 
 28.27  policing program, to fund overtime for 
 28.28  peace officers.  Fifty percent is to be 
 28.29  used for grants to St. Paul and 
 28.30  Minneapolis police departments and 50 
 28.31  percent is to be used for grants to 
 28.32  other police departments statewide.  
 28.33  This appropriation is available until 
 28.34  June 30, 2003. 
 28.35  Sec. 4.  BOARD OF PEACE OFFICER 
 28.36  STANDARDS AND TRAINING                 4,692,000      4,724,000
 28.37  This appropriation is from the peace 
 28.38  officer training account in the special 
 28.39  revenue fund.  Any receipts credited to 
 28.40  the peace officer training account in 
 28.41  the special revenue fund in the first 
 28.42  year in excess of $4,692,000 must be 
 28.43  transferred and credited to the general 
 28.44  fund.  Any receipts credited to the 
 28.45  peace officer training account in the 
 28.46  special revenue fund in the second year 
 28.47  in excess of $4,724,000 must be 
 28.48  transferred and credited to the general 
 28.49  fund. 
 28.50  Sec. 5.  BOARD OF PRIVATE DETECTIVE 
 28.51  AND PROTECTIVE AGENT SERVICES            144,000        148,000
 28.52  The board may increase the amounts 
 28.53  charged for initial licenses, 
 28.54  application fees, reissuance fees, 
 28.55  designation fees, status fees, and 
 28.56  business fees as specified on page 
 28.57  H-331 of the governor's 2002-2003 
 28.58  proposed criminal justice budget. 
 28.59     Sec. 6.  Minnesota Statutes 2000, section 13.87, is amended 
 28.60  by adding a subdivision to read: 
 28.61     Subd. 3.  [INTERNET ACCESS.] (a) Notwithstanding section 
 29.1   13.03, subdivision 3, paragraph (a), the bureau of criminal 
 29.2   apprehension may charge a fee for Internet access to public 
 29.3   criminal history data provided through August 1, 2005.  The fee 
 29.4   may not exceed $5 per inquiry or the amount needed to recoup the 
 29.5   actual cost of implementing and providing Internet access, 
 29.6   whichever is less.  
 29.7      (b) The Web site must include a notice to the subject of 
 29.8   data of the right to contest the accuracy or completeness of 
 29.9   data, as provided under section 13.04, subdivision 4, and 
 29.10  provide a telephone number and address that the subject may 
 29.11  contact for further information on this process.  
 29.12     (c) The Web site must include the effective date of data 
 29.13  that is posted.  
 29.14     (d) The Web site must include a description of the types of 
 29.15  criminal history data not available on the site, including 
 29.16  arrest data, juvenile data, criminal history data from other 
 29.17  states, federal data, data on convictions where 15 years have 
 29.18  elapsed since discharge of the sentence, and other data that are 
 29.19  not accessible to the public. 
 29.20     (e) The Web site must include a notice that a person 
 29.21  obtaining access to the site has a duty to disclose criminal 
 29.22  history data obtained from the site to the subject of the data 
 29.23  if any adverse decision regarding employment, housing, or credit 
 29.24  is based in whole or in part on the data.  This paragraph does 
 29.25  not create a civil cause of action on behalf of the data subject.
 29.26     Sec. 7.  [299A.68] [FINANCIAL CRIMES INVESTIGATION UNIT 
 29.27  ESTABLISHED.] 
 29.28     Subdivision 1.  [INVESTIGATION UNIT ESTABLISHED.] A group 
 29.29  of two or more local governmental units may enter into an 
 29.30  agreement to establish a major financial crimes investigation 
 29.31  unit. 
 29.32     Subd. 2.  [INVESTIGATION UNIT'S DUTIES.] The investigation 
 29.33  unit shall investigate consumer identity theft cases and 
 29.34  reported financial crimes from individuals and businesses who 
 29.35  are victims of such crimes.  The investigation unit shall focus 
 29.36  on financial crimes including, but not limited to:  theft, 
 30.1   fraud, and forgery crimes, including identity theft, check 
 30.2   forgery, fraud in obtaining credit, financial transaction card 
 30.3   fraud, theft from merchants, possession or sale of stolen or 
 30.4   counterfeit checks, issuance of dishonored checks, creation or 
 30.5   use of counterfeit state identification, obtaining counterfeit 
 30.6   state identification, fraudulent Internet transactions, 
 30.7   fraudulent merchandise returns, and other related financial 
 30.8   crimes.  In particular, the investigation unit shall target 
 30.9   criminals who: 
 30.10     (1) commit multiple cross-jurisdictional financial crimes; 
 30.11     (2) employ computers and other sophisticated technology to 
 30.12  counterfeit documents or commit fraud; or 
 30.13     (3) illegally obtain consumer information for identity 
 30.14  theft. 
 30.15     Subd. 3.  [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.] 
 30.16  The local governmental units that agree to form and participate 
 30.17  in the financial crimes investigation unit shall oversee the 
 30.18  investigation unit's operation by establishing procedures and 
 30.19  guidelines in their agreement.  The agreement may address the 
 30.20  following: 
 30.21     (1) the command structure of the investigation unit; 
 30.22     (2) acquisition of equipment, office space, and 
 30.23  transportation; 
 30.24     (3) procedures for contracting for necessary administrative 
 30.25  support; 
 30.26     (4) selection and assignment of members; 
 30.27     (5) transfer of investigation unit members; 
 30.28     (6) resolution of disputes between participating local 
 30.29  governmental units; and 
 30.30     (7) all other issues deemed pertinent by the participating 
 30.31  local governmental units. 
 30.32     Subd. 4.  [COMMANDER.] The participating local governmental 
 30.33  units shall select a commander to direct the investigation 
 30.34  unit.  The commander shall make tactical decisions regarding the 
 30.35  commencement, continuation, and conclusion of investigations of 
 30.36  crimes within the investigation unit's jurisdiction.  The 
 31.1   commander shall also report annually to the office of drug 
 31.2   policy and violence prevention as required in subdivision 11. 
 31.3      Subd. 5.  [MEMBERS.] The investigation unit may include law 
 31.4   enforcement officers, prosecutors, and investigators from local 
 31.5   governmental units who are selected by their supervisors to 
 31.6   participate in the investigation unit.  All law enforcement 
 31.7   officers selected to join the investigation unit must be 
 31.8   licensed peace officers under section 626.84, subdivision 1. 
 31.9      Subd. 6.  [JURISDICTION.] Law enforcement officers who are 
 31.10  members of the investigation unit shall have statewide 
 31.11  jurisdiction to conduct criminal investigations into financial 
 31.12  crimes as described in subdivision 2 and possess the same powers 
 31.13  of arrest as those possessed by a sheriff. 
 31.14     Subd. 7.  [COLLABORATION WITH OTHER PROSECUTORS AND LAW 
 31.15  ENFORCEMENT OFFICERS.] To the greatest degree possible, the 
 31.16  investigation unit shall cooperate and collaborate with existing 
 31.17  prosecutorial offices and law enforcement agencies. 
 31.18     Subd. 8.  [PROSECUTOR.] A participating prosecutor shall 
 31.19  remain an employee of the contributing county. 
 31.20     Subd. 9.  [MONITOR.] The commissioner of public safety 
 31.21  shall select a representative from the office of drug policy and 
 31.22  violence prevention to monitor the activities of the 
 31.23  investigation unit. 
 31.24     Subd. 10.  [FORFEITURE.] Property seized by the 
 31.25  investigation unit is subject to forfeiture pursuant to sections 
 31.26  609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be 
 31.27  established.  The investigation unit shall receive the proceeds 
 31.28  from the sale of all property that it properly seizes and that 
 31.29  is forfeited. 
 31.30     Subd. 11.  [REQUIRED REPORTS.] (a) Beginning June 30, 2002, 
 31.31  the commander of the investigation unit shall report annually to 
 31.32  the monitor from the office of drug policy and violence 
 31.33  prevention on the activities of the investigation unit. 
 31.34     (b) Beginning October 1, 2002, the monitor from the office 
 31.35  of drug policy and violence prevention shall report annually to 
 31.36  the commissioner of public safety on the activities of the 
 32.1   investigation unit. 
 32.2      (c) By March 1, 2003, the monitor and commander, in 
 32.3   collaboration with the commissioner of public safety, shall 
 32.4   report to the chairs and ranking minority members of the house 
 32.5   of representatives and senate committees and divisions having 
 32.6   jurisdiction over criminal justice policy and funding on the 
 32.7   activities of the investigation unit. 
 32.8      Subd. 12.  [EXPIRATION.] This investigation unit 
 32.9   legislation expires on June 30, 2003. 
 32.10     Sec. 8.  [299A.76] [AUTOMATED VICTIM NOTIFICATION SYSTEM.] 
 32.11     The center for crime victim services shall oversee the 
 32.12  design and implementation of a statewide automated victim 
 32.13  notification system serving state and local correctional 
 32.14  facilities and courts.  
 32.15     Sec. 9.  Minnesota Statutes 2000, section 299C.10, 
 32.16  subdivision 1, is amended to read: 
 32.17     Subdivision 1.  [LAW ENFORCEMENT DUTY REQUIRED 
 32.18  FINGERPRINTING.] (a) It is hereby made the duty of the Sheriffs 
 32.19  of the respective counties, of the police, peace officers in 
 32.20  cities of the first, second, and third classes, under the 
 32.21  direction of the chiefs of police in such cities, and of 
 32.22  community corrections agencies operating secure juvenile 
 32.23  detention facilities to shall take or cause to be taken 
 32.24  immediately finger and thumb prints, photographs, distinctive 
 32.25  physical mark identification data, information on any known 
 32.26  aliases or street names, and other identification data requested 
 32.27  or required by the superintendent of the bureau, of the 
 32.28  following: 
 32.29     (1) persons arrested for, appearing in court on a charge 
 32.30  of, or convicted of a felony or, gross misdemeanor, or targeted 
 32.31  misdemeanor; 
 32.32     (2) juveniles arrested for, appearing in court on a charge 
 32.33  of, adjudicated delinquent for, or alleged to have committed 
 32.34  felonies or gross misdemeanors as distinguished from those 
 32.35  committed by adult offenders; 
 32.36     (3) persons reasonably believed by the arresting officer to 
 33.1   be fugitives from justice; 
 33.2      (4) persons in whose possession, when arrested, are found 
 33.3   concealed firearms or other dangerous weapons, burglar tools or 
 33.4   outfits, high-power explosives, or articles, machines, or 
 33.5   appliances usable for an unlawful purpose and reasonably 
 33.6   believed by the arresting officer to be intended for such 
 33.7   purposes; and 
 33.8      (5)  juveniles referred by a law enforcement agency to a 
 33.9   diversion program for a felony or gross misdemeanor offense. 
 33.10  Unless the superintendent of the bureau requires a shorter 
 33.11  period, within 24 hours the fingerprint records and other 
 33.12  identification data specified under this paragraph must be 
 33.13  forwarded to the bureau of criminal apprehension on such forms 
 33.14  and in such manner as may be prescribed by the superintendent of 
 33.15  the bureau of criminal apprehension. 
 33.16     (b) Effective August 1, 1997, the identification reporting 
 33.17  requirements shall also apply to persons arrested for or alleged 
 33.18  to have committed targeted misdemeanor offenses and juveniles 
 33.19  arrested for or alleged to have committed gross misdemeanors.  
 33.20  In addition, the reporting requirements shall include any known 
 33.21  aliases or street names of the offenders Prosecutors, courts, 
 33.22  and probation officers shall attempt to ensure that the required 
 33.23  identification data is taken on a person described in paragraph 
 33.24  (a). 
 33.25     (c) For purposes of this section, a targeted misdemeanor is 
 33.26  a misdemeanor violation of section 169A.20 (driving while 
 33.27  impaired), 518B.01 (order for protection violation), 609.224 
 33.28  (fifth degree assault), 609.2242 (domestic assault), 609.746 
 33.29  (interference with privacy), 609.748 (harassment or restraining 
 33.30  order violation), or 617.23 (indecent exposure). 
 33.31     Sec. 10.  Minnesota Statutes 2000, section 299C.11, is 
 33.32  amended to read: 
 33.33     299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
 33.34     (a) The Each sheriff of each county and the chief of police 
 33.35  of each city of the first, second, and third classes shall 
 33.36  furnish the bureau, upon such form as the superintendent shall 
 34.1   prescribe, with such finger and thumb prints, photographs, 
 34.2   distinctive physical mark identification data, information on 
 34.3   known aliases and street names, and other identification data as 
 34.4   may be requested or required by the superintendent of the 
 34.5   bureau, which may must be taken under the provisions of section 
 34.6   299C.10, of persons who shall be convicted of a felony, gross 
 34.7   misdemeanor, or who shall be.  In addition, sheriffs and chiefs 
 34.8   of police shall furnish this identification data to the bureau 
 34.9   for individuals found to have been convicted of a felony or, 
 34.10  gross misdemeanor, or targeted misdemeanor, within the ten years 
 34.11  next immediately preceding their arrest.  
 34.12     (b) No petition under chapter 609A is required if the 
 34.13  person has not been convicted of any felony or gross 
 34.14  misdemeanor, either within or without the state, within the 
 34.15  period of ten years immediately preceding the determination of 
 34.16  all pending criminal actions or proceedings in favor of the 
 34.17  arrested person, and either of the following occurred: 
 34.18     (1) all charges were dismissed prior to a determination of 
 34.19  probable cause; or 
 34.20     (2) the prosecuting authority declined to file any charges 
 34.21  and a grand jury did not return an indictment. 
 34.22  Where these conditions are met, the bureau or agency shall, upon 
 34.23  demand, return to the arrested person finger and thumb prints, 
 34.24  photographs, distinctive physical mark identification data, 
 34.25  information on known aliases and street names, and other 
 34.26  identification data, and all copies and duplicates of them. 
 34.27     (c) Except as otherwise provided in paragraph (b), upon the 
 34.28  determination of all pending criminal actions or proceedings in 
 34.29  favor of the arrested person, and the granting of the petition 
 34.30  of the arrested person under chapter 609A, the bureau shall seal 
 34.31  finger and thumb prints, photographs, distinctive physical mark 
 34.32  identification data, information on known aliases and street 
 34.33  names, and other identification data, and all copies and 
 34.34  duplicates of them if the arrested person has not been convicted 
 34.35  of any felony or gross misdemeanor, either within or without the 
 34.36  state, within the period of ten years immediately preceding such 
 35.1   determination. 
 35.2      (d) DNA samples and DNA records of the arrested person 
 35.3   shall not be returned, sealed, or destroyed as to a charge 
 35.4   supported by probable cause.  
 35.5      (e) For purposes of this section,: 
 35.6      (1) "determination of all pending criminal actions or 
 35.7   proceedings in favor of the arrested person" does not include: 
 35.8      (1) (i) the sealing of a criminal record pursuant to 
 35.9   section 152.18, subdivision 1, 242.31, or chapter 609A; 
 35.10     (2) (ii) the arrested person's successful completion of a 
 35.11  diversion program; 
 35.12     (3) (iii) an order of discharge under section 609.165; or 
 35.13     (4) (iv) a pardon granted under section 638.02; and 
 35.14     (2) "targeted misdemeanor" has the meaning given in section 
 35.15  299C.10, subdivision 1. 
 35.16     Sec. 11.  [299C.111] [SUSPENSE FILE REPORTING.] 
 35.17     (a) By June 1 and December 1 of each year, the 
 35.18  superintendent shall provide an entity or individual having 
 35.19  responsibility regarding identification data under section 
 35.20  299C.10 and the criminal and juvenile justice information policy 
 35.21  group with summary data on the number of disposition records 
 35.22  pertaining to the entity or individual that have not been linked 
 35.23  to an arrest record. 
 35.24     (b) The superintendent shall immediately notify the 
 35.25  appropriate entity or individual when a disposition record is 
 35.26  received that cannot be linked to an arrest record. 
 35.27     (c) By June 1 and December 1 of each year, the 
 35.28  superintendent shall provide the criminal and juvenile justice 
 35.29  information policy group with the number of identification 
 35.30  records not entered on the automated fingerprint identification 
 35.31  system and the criminal history files. 
 35.32     Sec. 12.  Minnesota Statutes 2000, section 299C.147, 
 35.33  subdivision 2, is amended to read: 
 35.34     Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
 35.35  maintain a computerized data system for the purpose of assisting 
 35.36  criminal justice agencies in monitoring and enforcing the 
 36.1   conditions of conditional release imposed on criminal offenders 
 36.2   by a sentencing court or the commissioner of corrections.  The 
 36.3   data in the system are private data as defined in section 13.02, 
 36.4   subdivision 12, but are accessible to criminal justice agencies 
 36.5   as defined in section 13.02, subdivision 3a, to public defenders 
 36.6   as provided in section 611.272, to the district court, and to 
 36.7   criminal justice agencies in other states in the conduct of 
 36.8   their official duties.  
 36.9      Sec. 13.  [609.118] [FINGERPRINTING REQUIRED.] 
 36.10     (a) When a person is convicted of a felony, gross 
 36.11  misdemeanor, or targeted misdemeanor, as defined in section 
 36.12  299C.10, subdivision 1, or is adjudicated delinquent for a 
 36.13  felony or gross misdemeanor, the court shall order the offender 
 36.14  to immediately report to the law enforcement agency responsible 
 36.15  for the charge resulting in conviction or adjudication for the 
 36.16  collection of fingerprint and other identification data required 
 36.17  under section 299C.10, regardless of the sentence imposed or 
 36.18  executed. 
 36.19     (b) Paragraph (a) does not apply if the person is remanded 
 36.20  to the custody of a law enforcement agency or if the 
 36.21  identification data was collected prior to the conviction or 
 36.22  adjudication for the offense. 
 36.23     (c) A person who fails to obey a court order under 
 36.24  paragraph (a) is subject to probation revocation, contempt of 
 36.25  court, or any other appropriate remedy. 
 36.26     (d) This section does not limit or restrict any other 
 36.27  statutory requirements or more stringent local policies 
 36.28  regarding the collection of identification data. 
 36.29     Sec. 14.  [AUTOMATED VICTIM NOTIFICATION SYSTEM PLAN AND 
 36.30  REPORT.] 
 36.31     The commissioner of public safety, in consultation with the 
 36.32  state court administrator and local law enforcement and 
 36.33  correctional agencies, shall develop an equitable ongoing 
 36.34  funding plan to cover the automated victim notification system's 
 36.35  operating costs.  The plan must take into account the ability of 
 36.36  each entity to pay these costs.  By January 15, 2003, the 
 37.1   commissioner shall report on the plan to the chairs of the 
 37.2   senate and house of representatives committees or divisions 
 37.3   having jurisdiction over criminal justice policy and funding. 
 37.4      Sec. 15.  [PILOT PROJECT GRANT PROGRAM TO PROVIDE SERVICES 
 37.5   TO CRIME VICTIMS AND WITNESSES.] 
 37.6      Subdivision 1.  [PROGRAM DESCRIBED.] The commissioner of 
 37.7   public safety, in consultation with the executive director of 
 37.8   the center for crime victim services, shall administer a pilot 
 37.9   project grant program and make grants to nonprofit organizations 
 37.10  to provide neighborhood-based services to victims and witnesses 
 37.11  of crime during the period between the occurrence of the crime 
 37.12  and the filing of charges against the alleged perpetrator.  
 37.13  Grant recipients must target victims and witnesses of crime from 
 37.14  groups that currently underreport crime, including recent 
 37.15  immigrants or refugees, communities of color, and victims of 
 37.16  bias-motivated crime.  Services must be provided in locations 
 37.17  and at times typically convenient to prospective clients.  The 
 37.18  types of services that may be offered by grant recipients are 
 37.19  those that attempt to address the lack of trust and 
 37.20  understanding that prospective clients have of the criminal 
 37.21  justice system and include legal advice and advocacy services.  
 37.22  The executive director shall ensure that grants under this 
 37.23  section fund pilot projects offering the described services in a 
 37.24  minimum of five locations, at least three of which must be ones 
 37.25  where these types of services are not currently offered.  
 37.26     Subd. 2.  [REQUIRED REPORT.] By January 15, 2004, the 
 37.27  executive director shall report to the chairs and ranking 
 37.28  minority members of the senate and house of representatives 
 37.29  committees and divisions having jurisdiction over criminal 
 37.30  justice funding on the grants made and pilot projects funded 
 37.31  under this section. 
 37.32                             ARTICLE 3 
 37.33                    OTHER AGENCY APPROPRIATIONS 
 37.34  Section 1.  [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 
 37.35     The sums shown in the columns marked "APPROPRIATIONS" are 
 37.36  appropriated from the general fund, or another named fund, to 
 38.1   the agencies and for the purposes specified in this article, to 
 38.2   be available for the fiscal years indicated for each purpose.  
 38.3   The figures "2002" and "2003," where used in this article, mean 
 38.4   that the appropriations listed under them are available for the 
 38.5   year ending June 30, 2002, or June 30, 2003, respectively.  The 
 38.6   term "first year" means the fiscal year ending June 30, 2002, 
 38.7   and "second year" means the fiscal year ending June 30, 2003. 
 38.8                           SUMMARY BY FUND
 38.9                             2002          2003           TOTAL
 38.10  General              $ 71,529,000   $ 68,085,000   $139,614,000
 38.11  Petroleum Tank
 38.12  Cleanup                 1,064,000      1,084,000      2,146,000
 38.13  Workers' 
 38.14  Compensation           23,216,000     23,765,000     46,981,000
 38.15  Workforce
 38.16  Development Fund          793,000        808,000      1,601,000 
 38.17   TOTAL             $ 96,602,000   $ 93,742,000   $190,344,000
 38.18                                             APPROPRIATIONS 
 38.19                                         Available for the Year 
 38.20                                             Ending June 30 
 38.21                                            2002         2003 
 38.22  Sec. 2.  COMMERCE 
 38.23  Subdivision 1.  Total 
 38.24  Appropriation        26,897,000    27,557,000
 38.25                Summary by Fund
 38.26  General              25,234,000    25,858,000
 38.27  Petroleum Tank
 38.28  Cleanup               1,064,000     1,084,000 
 38.29  Workers'
 38.30  Compensation            599,000       615,000
 38.31  The amounts that may be spent from this 
 38.32  appropriation for each program are 
 38.33  specified in the following subdivisions.
 38.34  Subd. 2.  Financial Examinations 
 38.35       6,379,000      6,555,000
 38.36  Subd. 3.  Enforcement and Compliance 
 38.37       5,526,000      5,670,000
 38.38                Summary by Fund
 38.39  General               4,927,000     5,055,000
 38.40  Workers' 
 38.41  Compensation            599,000       615,000
 38.42  Of this amount, $138,000 the first year 
 39.1   and $161,000 the second year from the 
 39.2   general fund are for the cost of 
 39.3   implementing the Minnesota Money 
 39.4   Transmitters Act, if enacted.  This 
 39.5   appropriation is available only if S.F. 
 39.6   No. 1485 or similar legislation is 
 39.7   enacted. 
 39.8   Subd. 4.  Energy
 39.9        3,809,000      3,884,000
 39.10  $588,000 each year is for transfer to 
 39.11  the energy and conservation account 
 39.12  established in Minnesota Statutes, 
 39.13  section 216B.241, subdivision 2a, for 
 39.14  programs administered by the 
 39.15  commissioner of children, families, and 
 39.16  learning to improve the energy 
 39.17  efficiency of residential oil-fired 
 39.18  heating plants in low-income households 
 39.19  and, when necessary, to provide 
 39.20  weatherization services to the homes. 
 39.21  Subd. 5.  Petroleum Tank Release 
 39.22  Cleanup 
 39.23       1,064,000      1,084,000
 39.24  This appropriation is from the 
 39.25  petroleum tank release cleanup fund. 
 39.26  Subd. 6.  Administrative Services 
 39.27       5,852,000      6,003,000 
 39.28  Subd. 7.  Telecommunications
 39.29         986,000      1,008,000
 39.30  Subd. 8.  Weights and Measures
 39.31       3,281,000      3,353,000
 39.32  Sec. 3.  BOARD OF ACCOUNTANCY            683,000        721,000
 39.33  Sec. 4.  BOARD OF ARCHITECTURE,
 39.34  ENGINEERING, LAND SURVEYING, 
 39.35  LANDSCAPE ARCHITECTURE, AND 
 39.36  INTERIOR DESIGN                          951,000        981,000 
 39.38  Sec. 5.  BOARD OF BARBER   
 39.39  EXAMINERS                                153,000        159,000
 39.40  Sec. 6.  LABOR AND INDUSTRY 
 39.41  Subdivision 1.  Total             
 39.42  Appropriation                         25,408,000     26,001,000
 39.43                Summary by Fund
 39.44  General               3,567,000     3,661,000
 39.45  Workers'     
 39.46  Compensation         21,048,000    21,532,000
 39.47  Workforce 
 39.48  Development Fund        793,000       808,000
 39.49  The amounts that may be spent from this 
 40.1   appropriation for each program are 
 40.2   specified in the following subdivisions.
 40.3   Subd. 2.  Workers' Compensation
 40.4       10,912,000     11,178,000
 40.5   This appropriation is from the workers' 
 40.6   compensation fund. 
 40.7   $125,000 the first year and $125,000 
 40.8   the second year are for grants to the 
 40.9   Vinland Center for rehabilitation 
 40.10  service. 
 40.11  Subd. 3.  Workplace Services 
 40.12       7,468,000      7,643,000
 40.13                Summary by Fund
 40.14  General               2,493,000     2,555,000
 40.15  Workers'
 40.16  Compensation          4,182,000     4,280,000
 40.17  Workforce 
 40.18  Development Fund        793,000       808,000 
 40.19  $204,000 the first year and $204,000 
 40.20  the second year are for labor education 
 40.21  and advancement program grants.  The 
 40.22  commissioner must report to the 
 40.23  legislature by February 15, 2003, on 
 40.24  the success of the program in placing 
 40.25  and retaining participants.  This 
 40.26  appropriation is from the workforce 
 40.27  development fund. 
 40.28  Subd. 4.  General Support 
 40.29       7,028,000      7,180,000
 40.30                Summary by Fund
 40.31  General               1,074,000     1,106,000
 40.32  Workers'     
 40.33  Compensation          5,954,000     6,074,000
 40.34  Sec. 7.  BUREAU OF MEDIATION SERVICES 
 40.35  Subdivision 1.  Total
 40.36  Appropriation                          2,259,000      2,307,000
 40.37  The amounts that may be spent from this 
 40.38  appropriation for each program are 
 40.39  specified in the following subdivisions.
 40.40  Subd. 2.  Mediation Services 
 40.41       1,957,000      2,005,000
 40.42  Subd. 3.  Labor Management Cooperation Grants
 40.43         302,000        302,000
 40.44  $302,000 each year is for grants to 
 40.45  area labor-management committees.  Any 
 40.46  unencumbered balance remaining at the 
 40.47  end of the first year does not cancel 
 41.1   but is available for the second year. 
 41.2   Sec. 8.  PUBLIC UTILITIES  
 41.3   COMMISSION                             3,994,000      4,163,000
 41.4   Sec. 9.  MINNESOTA HISTORICAL 
 41.5   SOCIETY 
 41.6   Subdivision 1.  Total       
 41.7   Appropriation                         27,229,000     27,959,000
 41.8   The amounts that may be spent from this 
 41.9   appropriation for each program are 
 41.10  specified in the following subdivisions.
 41.11  Subd. 2.  Education and     
 41.12  Outreach                              15,135,000     15,762,000
 41.13  $200,000 the first year and $300,000 
 41.14  the second year are for operating 
 41.15  expenses at the Northwest Fur Company 
 41.16  Post. 
 41.17  $300,000 the first year and $500,000 
 41.18  the second year are for operating 
 41.19  expenses at the Mill City Museum, St. 
 41.20  Anthony Falls. 
 41.21  Subd. 3.  Preservation and Access
 41.22      11,568,000     11,819,000
 41.23  Subd. 4.  Fiscal Agent
 41.24  General                   526,000        378,000
 41.25  (a) Sibley House Association 
 41.26          88,000         88,000
 41.27  This appropriation is available for 
 41.28  operation and maintenance of the Sibley 
 41.29  House and related buildings on the Old 
 41.30  Mendota state historic site operated by 
 41.31  the Sibley House Association.  
 41.32  (b) Minnesota International Center 
 41.33          50,000         50,000
 41.34  (c) Minnesota Air National   
 41.35  Guard Museum 
 41.36          19,000        -0-
 41.37  (d) Institute for Learning and
 41.38  Teaching - Project 120
 41.39         110,000        110,000 
 41.40  (e) Minnesota Military Museum
 41.41          59,000         30,000
 41.42  (f) Farmamerica
 41.43         100,000        100,000 
 41.44  Notwithstanding any other law, this 
 41.45  appropriation may be used for 
 41.46  operations. 
 42.1   (g) Little Elk Heritage Preserve
 42.2           100,000           -0-
 42.3   This appropriation is to assist the 
 42.4   Institute for Minnesota Archaeology in 
 42.5   site research and preservation, 
 42.6   economic and infrastructure 
 42.7   development, public outreach, and 
 42.8   education programming.  The 
 42.9   appropriated funds may be matched by 
 42.10  nonstate sources. 
 42.11  (h) Balances Forward
 42.12  Any unencumbered balance remaining in 
 42.13  this subdivision the first year does 
 42.14  not cancel but is available for the 
 42.15  second year of the biennium. 
 42.16  Sec. 10.  COUNCIL ON BLACK
 42.17  MINNESOTANS                              339,000        349,000
 42.18  $25,000 each year is for expenses 
 42.19  associated with the Dr. Martin Luther 
 42.20  King day activities. 
 42.21  Sec. 11.  COUNCIL ON 
 42.22  CHICANO-LATINO AFFAIRS                   334,000        344,000
 42.23  Sec. 12.  COUNCIL ON
 42.24  ASIAN-PACIFIC MINNESOTANS                295,000        304,000
 42.25  Sec. 13.  INDIAN AFFAIRS
 42.26  COUNCIL                                  584,000        602,000
 42.27  Sec. 14.  WORKERS' COMPENSATION
 42.28  COURT OF APPEALS                       1,569,000      1,618,000
 42.29  This appropriation is from the workers' 
 42.30  compensation fund. 
 42.31  Sec. 15.  AMATEUR SPORTS
 42.32  COMMISSION                             5,907,000        677,000
 42.33  Of this appropriation, $2,750,000 the 
 42.34  first year is for matching grants for 
 42.35  soccer field development under 
 42.36  Minnesota Statutes, section 240A.13.  
 42.37  Of this appropriation, $2,500,000 the 
 42.38  first year is for matching grants for 
 42.39  ice arena development under Minnesota 
 42.40  Statutes, section 240A.13.  
 42.41     Sec. 16.  Minnesota Statutes 2000, section 184.29, is 
 42.42  amended to read: 
 42.43     184.29 [FEES.] 
 42.44     Before a license is granted to an applicant, the applicant 
 42.45  shall pay the following fee: 
 42.46     (a) An employment agent shall pay an annual license fee of 
 42.47  $250 for each license.  
 42.48     (b) A search firm exempt under section 184.22, subdivision 
 43.1   2, shall pay an annual registration fee of $250, accompanying 
 43.2   the annual statement to the commissioner.  
 43.3      (c) An applicant for a counselor's license shall pay a 
 43.4   license fee of $20 and a renewal fee of $10.  
 43.5      (d) (c) An applicant for an employment agency manager's 
 43.6   license shall pay a license fee of $20 and a renewal fee of $10. 
 43.7      Sec. 17.  Minnesota Statutes 2000, section 184.30, 
 43.8   subdivision 1, is amended to read: 
 43.9      Subdivision 1.  Every application for an employment 
 43.10  agency's license, and every annual report required to be filed 
 43.11  under section 184.22, subdivision 2, must be accompanied by a 
 43.12  surety bond approved by the department in the amount of $10,000 
 43.13  for each location; except, that for a search firm, the bond is 
 43.14  required only for the first five years of registration.  For a 
 43.15  search firm that was previously licensed as an employment 
 43.16  agency, the bond is required only until the firm has met the 
 43.17  bond requirement as an agency or as a search firm for a total of 
 43.18  at least five years.  The bond must be filed in the office of 
 43.19  the secretary of state and conditioned that the employment 
 43.20  agency and each member, shareholder, director, or officer of a 
 43.21  firm, partnership, corporation, or association operating as an 
 43.22  employment agency will comply with the provisions of sections 
 43.23  184.21 to 184.40 and any contract made by the employment agent 
 43.24  in the conduct of the business.  A person damaged by a breach of 
 43.25  any condition of the bond may bring an action on the bond, and 
 43.26  successive actions may be maintained on it. 
 43.27     Sec. 18.  Minnesota Statutes 2000, section 184.38, 
 43.28  subdivision 6, is amended to read: 
 43.29     Subd. 6.  (a) No employment agent or search firm shall send 
 43.30  out any applicant for employment without having obtained a job 
 43.31  order, and if no employment of the kind applied for existed at 
 43.32  the place to which the applicant was directed, the employment 
 43.33  agent or search firm shall refund to the applicant, within 48 
 43.34  hours of demand, any sums paid by the applicant for 
 43.35  transportation in going to and returning from the place. 
 43.36     (b) Nothing in this chapter shall be construed to prevent 
 44.1   an employment agent or search firm from directing an applicant 
 44.2   to an employer where the employer has previously requested 
 44.3   interviews with applicants of certain types and qualifications, 
 44.4   even though no actual vacancy existed in the employer's 
 44.5   organization at the time the applicant was so directed; nor 
 44.6   shall it prevent the employment agent or search firm from 
 44.7   attempting to sell the services of an applicant to the employer 
 44.8   even though no order has been placed with the employment agent 
 44.9   or search firm; provided, that prior to scheduling an interview 
 44.10  with an employer, when no opening currently exists with that 
 44.11  employer, the applicant is clearly informed that no opening 
 44.12  exists at that time. 
 44.13     Sec. 19.  Minnesota Statutes 2000, section 184.38, 
 44.14  subdivision 8, is amended to read: 
 44.15     Subd. 8.  No employment agent or search firm shall 
 44.16  knowingly cause to be printed or published a false or fraudulent 
 44.17  notice or advertisement for help or for obtaining work or 
 44.18  employment.  For purposes of this subdivision the phrase "false 
 44.19  or fraudulent notice or advertisement" shall include the 
 44.20  following: 
 44.21     (a) The advertisement of any job for which there is no bona 
 44.22  fide oral or written job order and completed job order form in 
 44.23  existence at the time the advertisement is placed; 
 44.24     (b) The inclusion in any advertisement of any information 
 44.25  concerning the identity, availability, features, or requirements 
 44.26  of any advertised job when such information is not substantiated 
 44.27  by, and included in, the supporting job order form; 
 44.28     (c) The advertisement of any job opening of the type 
 44.29  described in subdivision 6, clause (b); 
 44.30     (d) The advertisement of any job without the inclusion in 
 44.31  the advertisement of the "job order number" required in 
 44.32  subdivision 18; 
 44.33     (e) If an applicant appears at any agency or search firm in 
 44.34  response to the advertisement of a particular job, the failure 
 44.35  to attempt placement of the applicant in the advertised job; 
 44.36  provided however, that the agency or search firm may refuse to 
 45.1   attempt such placement if the reason(s) for the refusal are 
 45.2   clearly and truthfully disclosed to the applicant either orally 
 45.3   or in writing. 
 45.4      Sec. 20.  Minnesota Statutes 2000, section 184.38, 
 45.5   subdivision 9, is amended to read: 
 45.6      Subd. 9.  No employment agent or search firm shall place or 
 45.7   assist in placing any person in unlawful employment. 
 45.8      Sec. 21.  Minnesota Statutes 2000, section 184.38, 
 45.9   subdivision 10, is amended to read: 
 45.10     Subd. 10.  No employment agent or search firm shall fail to 
 45.11  state in any advertisement, proposal, or contract for 
 45.12  employment, that there is a strike or lockout at the place of 
 45.13  proposed employment, if the agent or firm has knowledge that 
 45.14  such condition exists. 
 45.15     Sec. 22.  Minnesota Statutes 2000, section 184.38, 
 45.16  subdivision 11, is amended to read: 
 45.17     Subd. 11.  No employment agency or its employee may split, 
 45.18  divide, or share, directly or indirectly, any fee, charge, or 
 45.19  compensation received from any employer or applicant with any 
 45.20  employer, or person in any way connected with the employer's 
 45.21  business.  No search firm or its employee may split, divide, or 
 45.22  share, directly or indirectly, any fee, charge, or compensation 
 45.23  received from any employer with any person connected in any way 
 45.24  with the employer's business.  A violation of this subdivision 
 45.25  shall be punished by a fine of not less than $100, and not more 
 45.26  than $3,000, or on failure to pay the fine by imprisonment for a 
 45.27  period not to exceed one year, or both, at the discretion of the 
 45.28  court. 
 45.29     Sec. 23.  Minnesota Statutes 2000, section 184.38, 
 45.30  subdivision 17, is amended to read: 
 45.31     Subd. 17.  Except for applicant information given in the 
 45.32  course of normal agency or firm operations, no employment agent 
 45.33  or search firm shall voluntarily sell, give, or otherwise 
 45.34  transfer any files, records, or other information relating to 
 45.35  its employment agency or search firm applicants and employers to 
 45.36  any person other than a licensed employment agent or registered 
 46.1   search firm or a person who agrees to obtain an employment 
 46.2   agency license or register as a search firm.  Every employment 
 46.3   agent or search firm who ceases to engage in the business of or 
 46.4   act as an employment agent or search firm shall notify the 
 46.5   department of such fact within 30 days thereof, and shall advise 
 46.6   the department as to the disposition of all files and other 
 46.7   records relating to its employment agency or search firm 
 46.8   business. 
 46.9      Sec. 24.  Minnesota Statutes 2000, section 184.38, 
 46.10  subdivision 18, is amended to read: 
 46.11     Subd. 18.  Every job order communicated to an agency or 
 46.12  search firm shall be recorded by the agency or search firm on a 
 46.13  job order form which form shall contain specific information as 
 46.14  prescribed by the department.  A job order form shall be filled 
 46.15  out for each job order prior to any attempt to advertise the job 
 46.16  opening or to place persons in said job.  Such forms shall each 
 46.17  be assigned a separate number and shall be maintained by the 
 46.18  agency or search firm for a period of one year. 
 46.19     Sec. 25.  Minnesota Statutes 2000, section 184.38, 
 46.20  subdivision 20, is amended to read: 
 46.21     Subd. 20.  No employment agent or search firm shall 
 46.22  knowingly misrepresent to any employer the educational 
 46.23  background, skills, or qualifications of any job candidate; or 
 46.24  knowingly misrepresent to a job candidate the responsibilities, 
 46.25  salary, or other features of any position of employment.  
 46.26     Sec. 26.  Minnesota Statutes 2000, section 184.41, is 
 46.27  amended to read: 
 46.28     184.41 [VIOLATIONS.] 
 46.29     Any person who engages in the business of or acts as an 
 46.30  employment agent or counselor without first procuring a license 
 46.31  as required by section 184.22, and any employment agent, 
 46.32  manager, or counselor who violates the provisions of this 
 46.33  chapter, and any exempt firm which violates any of the 
 46.34  applicable provisions of this chapter, is guilty of a 
 46.35  misdemeanor.  
 46.36     In addition to the penalties for commission of a 
 47.1   misdemeanor, the department may bring an action for an 
 47.2   injunction against any person who engages in the business of or 
 47.3   acts as an employment agent or counselor without first procuring 
 47.4   the license required under section 184.22, or who engages in the 
 47.5   business of or acts as a search firm without first filing the 
 47.6   registration required under section 184.22, subdivision 3, and 
 47.7   against any employment agent, manager, or counselor, or search 
 47.8   firm who violates the applicable provisions of this chapter.  If 
 47.9   an agency, manager, or counselor, or search firm is found guilty 
 47.10  of a misdemeanor in any action relevant to the operation of an 
 47.11  agency, or search firm the department may suspend or revoke the 
 47.12  license or registration of the agency, manager, or counselor, or 
 47.13  search firm. 
 47.14     Sec. 27.  Minnesota Statutes 2000, section 216C.41, is 
 47.15  amended to read: 
 47.16     216C.41 [RENEWABLE ENERGY PRODUCTION INCENTIVE.] 
 47.17     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 47.18  subdivision apply to this section. 
 47.19     (b) "Qualified hydroelectric facility" means a 
 47.20  hydroelectric generating facility in this state that: 
 47.21     (1) is located at the site of a dam, if the dam was in 
 47.22  existence as of March 31, 1994; and 
 47.23     (2) begins generating electricity after July 1, 1994. 
 47.24     (c) "Qualified wind energy conversion facility" means a 
 47.25  wind energy conversion system that: 
 47.26     (1) produces two megawatts or less of electricity as 
 47.27  measured by nameplate rating and begins generating electricity 
 47.28  after June 30, 1997, and before July 1, 1999; 
 47.29     (2) begins generating electricity after June 30, 1999, 
 47.30  produces two megawatts or less of electricity as measured by 
 47.31  nameplate rating, and is: 
 47.32     (i) located within one county and owned by a natural person 
 47.33  who owns the land where the facility is sited; 
 47.34     (ii) owned by a Minnesota small business as defined in 
 47.35  section 645.445; 
 47.36     (iii) owned by a nonprofit organization; or 
 48.1      (iv) owned by a tribal council if the facility is located 
 48.2   within the boundaries of the reservation; or 
 48.3      (3) begins generating electricity after June 30, 1999, 
 48.4   produces seven megawatts or less of electricity as measured by 
 48.5   nameplate rating, and: 
 48.6      (i) is owned by a cooperative organized under chapter 308A; 
 48.7   and 
 48.8      (ii) all shares and membership in the cooperative are held 
 48.9   by natural persons or estates, at least 51 percent of whom 
 48.10  reside in a county or contiguous to a county where the wind 
 48.11  energy production facilities of the cooperative are located. 
 48.12     (d) "Qualified on-farm biogas recovery facility" means an 
 48.13  anaerobic digester system that: 
 48.14     (1) is located at the site of an agricultural operation; 
 48.15     (2) is owned by a natural person who, or an entity that, is 
 48.16  qualified to own or operate a farm under section 500.24, that 
 48.17  owns or rents the land where the facility is located; and 
 48.18     (3) begins generating electricity after July 1, 2001.  
 48.19     (e) "Anaerobic digester system" means a system of 
 48.20  components that processes animal waste based on the absence of 
 48.21  oxygen and produces gas used to generate electricity. 
 48.22     Subd. 2.  [INCENTIVE PAYMENT; APPROPRIATION.] (a) Incentive 
 48.23  payments shall must be made according to this section to (1) the 
 48.24  owner of a qualified on-farm biogas recovery facility, (2) the 
 48.25  owner or operator of a qualified hydropower facility or 
 48.26  qualified wind energy conversion facility for electric energy 
 48.27  generated and sold by the facility, or, for (3) a publicly owned 
 48.28  hydropower facility, for electric energy that is generated by 
 48.29  the facility and used by the owner of the facility outside the 
 48.30  facility.  
 48.31     (b) Payment may only be made upon receipt by the 
 48.32  commissioner of finance of an incentive payment application that 
 48.33  establishes that the applicant is eligible to receive an 
 48.34  incentive payment and that satisfies other requirements the 
 48.35  commissioner deems necessary.  The application shall must be in 
 48.36  a form and submitted at a time the commissioner establishes.  
 49.1      (c) There is annually appropriated from the general fund 
 49.2   sums sufficient to make the payments required under this section.
 49.3      Subd. 3.  [ELIGIBILITY WINDOW.] Payments may be made under 
 49.4   this section only for electricity generated: 
 49.5      (1) from a qualified hydroelectric facility that is 
 49.6   operational and generating electricity before December 31, 2001; 
 49.7   or 
 49.8      (2) from a qualified wind energy conversion facility that 
 49.9   is operational and generating electricity before January 1, 
 49.10  2005; or 
 49.11     (3) from a qualified on-farm biogas recovery facility from 
 49.12  July 1, 2001, through December 31, 2015. 
 49.13     Subd. 4.  [PAYMENT PERIOD.] A facility may receive payments 
 49.14  under this section for a ten-year period.  No payment under this 
 49.15  section may be made for electricity generated: 
 49.16     (1) by a qualified hydroelectric facility after December 
 49.17  31, 2010; or 
 49.18     (2) by a qualified wind energy conversion facility after 
 49.19  December 31, 2015; or 
 49.20     (3) by a qualified on-farm biogas recovery facility after 
 49.21  December 31, 2015.  
 49.22     The payment period begins and runs consecutively from the 
 49.23  first year in which electricity generated from the facility is 
 49.24  eligible for incentive payment. 
 49.25     Subd. 5.  [AMOUNT OF PAYMENT.] An incentive payment is 
 49.26  based on the number of kilowatt hours of electricity generated. 
 49.27  The amount of the payment is 1.5 cents per kilowatt hour.  For 
 49.28  electricity generated by qualified wind energy conversion 
 49.29  facilities, the incentive payment under this section is limited 
 49.30  to no more than 100 megawatts of nameplate capacity.  During any 
 49.31  period in which qualifying claims for incentive payments exceed 
 49.32  100 megawatts of nameplate capacity, the payments must be made 
 49.33  to producers in the order in which the production capacity was 
 49.34  brought into production.  
 49.35     Sec. 28.  [240A.13] [MIGHTY DUCKS ICE ARENA AND SOCCER 
 49.36  FIELD DEVELOPMENT.] 
 50.1      Subdivision 1.  [GRANTS.] The commission may make matching 
 50.2   grants to political subdivisions of the state to develop new ice 
 50.3   arenas and soccer fields for amateur athletics.  In awarding 
 50.4   grants, the commission shall give priority to proposals from 
 50.5   multiple applicants.  To the extent possible, over time, the 
 50.6   commission shall disburse grants equally among the state's 
 50.7   congressional districts. 
 50.8      Subd. 2.  [MATCHING CRITERIA.] Each grant for ice arena or 
 50.9   soccer field development under this section must be matched by 
 50.10  recipient communities or institutions in accordance with this 
 50.11  subdivision.  A matching contribution may include an in-kind 
 50.12  contribution of land; access roadways and access roadway 
 50.13  improvements; and necessary utility services, landscaping, and 
 50.14  parking.  The first $20,000 of a grant must be matched equally 
 50.15  by the recipient.  The portion of a grant that is more than 
 50.16  $20,000 but not more than $75,000 must be matched by the 
 50.17  recipient at a rate double the amount of that portion of the 
 50.18  grant.  The portion of a grant that is more than $75,000 must be 
 50.19  matched by the recipient at a rate of three times the amount of 
 50.20  that portion of the grant. 
 50.21     Sec. 29.  [EQUAL PAY COMMISSION.] 
 50.22     (a) Within 90 days after the effective date of this 
 50.23  section, the commissioner of labor and industry shall appoint a 
 50.24  commission of 11 members, to be known as the "equal pay 
 50.25  commission."  Membership on the commission shall be as follows: 
 50.26     (1) two representatives of business in the state, who are 
 50.27  appointed from among individuals nominated by business 
 50.28  organizations and business trade associations; 
 50.29     (2) two representatives of labor organizations, who have 
 50.30  been nominated by state labor federations.  For purposes of this 
 50.31  clause, a state labor federation is an organization that:  (i) 
 50.32  is chartered by a federation of national or international 
 50.33  unions; (ii) admits to membership local unions; and (iii) exists 
 50.34  primarily to carry on educational, legislative, and coordinating 
 50.35  activities; 
 50.36     (3) two representatives of organizations whose objectives 
 51.1   include the elimination of pay disparities between men and women 
 51.2   or minorities and nonminorities, and who have undertaken 
 51.3   advocacy, educational, or legislative initiatives in pursuit of 
 51.4   that objective; 
 51.5      (4) three individuals drawn from higher education or 
 51.6   research institutions who have experience and expertise in the 
 51.7   collection and analysis of data concerning such pay disparities 
 51.8   and whose research has already been used in efforts to promote 
 51.9   the elimination of those disparities; and 
 51.10     (5) two members who are members of a racial or ethnic 
 51.11  minority, one of whom shall be an immigrant to this country who 
 51.12  immigrated to this country within three years prior to the 
 51.13  appointment. 
 51.14     (b) The commission shall make a full and complete study of: 
 51.15     (1) the extent of wage disparities, both in the public and 
 51.16  private sector, between men and women, and between minorities 
 51.17  and nonminorities; 
 51.18     (2) those factors that cause, or tend to cause, such 
 51.19  disparities, including segregation between women and men, and 
 51.20  between minorities and nonminorities across and within 
 51.21  occupations; payment of lower wages for work in female-dominated 
 51.22  occupations; child-rearing responsibilities; and education and 
 51.23  training; 
 51.24     (3) the consequences of such disparities on the economy and 
 51.25  families affected; and 
 51.26     (4) actions, including proposed legislation, that are 
 51.27  likely to lead to the elimination and prevention of such 
 51.28  disparities. 
 51.29     (c) The commission shall, no later than 12 months after its 
 51.30  members are appointed, make its report to the commissioner of 
 51.31  labor and industry, who shall transmit the report to the 
 51.32  governor. 
 51.33     (d) The commission's report shall include the results of 
 51.34  its study as well as recommendations, legislative and otherwise, 
 51.35  for the elimination and prevention of disparities in wages 
 51.36  between men and women, and between minorities and nonminorities. 
 52.1      (e) Compensation and removal of members shall be governed 
 52.2   by Minnesota Statutes, section 15.059. 
 52.3      Sec. 30.  [REPEALER.] 
 52.4      Minnesota Statutes 2000, sections 184.22, subdivisions 2, 
 52.5   3, 4, and 5; and 184.37, subdivision 2, are repealed. 
 52.6                              ARTICLE 4
 52.7                        TRANSPORTATION POLICY
 52.8      Section 1.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
 52.9      An amendment is proposed to the Minnesota Constitution, 
 52.10  article XIV.  If the amendment is adopted, article XIV will be 
 52.11  amended by adding a section to read: 
 52.12     Sec. 12.  Of the net proceeds from any tax imposed by the 
 52.13  state on the sale of new and used motor vehicles, not less than 
 52.14  32 percent must be deposited in the highway user tax 
 52.15  distribution fund exclusively for highway purposes, and not less 
 52.16  than 18 percent must be deposited in a fund for operating 
 52.17  assistance to public transit systems in the state. 
 52.18     Sec. 2.  [SUBMISSION TO VOTERS.] 
 52.19     The constitutional amendment proposed in section 1 must be 
 52.20  submitted to the people at the 2002 general election.  The 
 52.21  question submitted must be: 
 52.22     "Shall the Minnesota Constitution be amended to require 
 52.23  that at least 32 percent of the net proceeds from the state tax 
 52.24  on the sale of new and used motor vehicles must be deposited in 
 52.25  the highway user tax distribution fund exclusively for highway 
 52.26  purposes, and at least 18 percent be deposited in a fund for 
 52.27  operating assistance to public transit systems in the state? 
 52.28                                     Yes .......
 52.29                                     No ........"
 52.30     Sec. 3.  Minnesota Statutes 2000, section 16A.641, 
 52.31  subdivision 8, is amended to read: 
 52.32     Subd. 8.  [APPROPRIATION OF PROCEEDS.] (a) The proceeds of 
 52.33  bonds issued under each law are appropriated for the purposes 
 52.34  described in the law and in this subdivision.  This 
 52.35  appropriation may never be canceled.  
 52.36     (b) Before the proceeds are received in the proper special 
 53.1   fund, the commissioner may transfer to that fund from the 
 53.2   general fund amounts not exceeding the expected proceeds from 
 53.3   the next bond sale.  The commissioner shall return these amounts 
 53.4   to the general fund by transferring proceeds when received.  The 
 53.5   amounts of these transfers are appropriated from the general 
 53.6   fund and from the bond proceeds.  
 53.7      (c) Actual and necessary travel and subsistence expenses of 
 53.8   employees and all other nonsalary expenses incidental to the 
 53.9   sale, printing, execution, and delivery of bonds must be paid 
 53.10  from the proceeds.  The proceeds are appropriated for this 
 53.11  purpose.  Bond proceeds must not be used to pay any part of the 
 53.12  salary of a state employee involved in the sale, printing, 
 53.13  execution, or delivery of the bonds. 
 53.14     (d) Bond proceeds remaining in a special fund after the 
 53.15  purposes for which the bonds were issued are accomplished or 
 53.16  abandoned, as certified by the head of the agency administering 
 53.17  the special fund, or as determined by the commissioner, unless 
 53.18  devoted under the appropriation act to another purpose 
 53.19  designated in the act, shall be transferred to the state bond 
 53.20  fund. 
 53.21     (e) Before the proceeds of state highway bonds are received 
 53.22  in the trunk highway fund, the commissioner may either: 
 53.23     (1) transfer funds to the trunk highway fund from the 
 53.24  general fund; or 
 53.25     (2) authorize the use of funds in the trunk highway fund, 
 53.26  in an amount not exceeding the expected proceeds from the next 
 53.27  state highway bond sale. 
 53.28  These funds shall be used in accordance with the legislative 
 53.29  authorization to sell state highway bonds.  The commissioner 
 53.30  shall return these funds to the general fund or replace the 
 53.31  funds used from the trunk highway fund by transferring proceeds 
 53.32  when received.  The amounts of these transfers are appropriated 
 53.33  from the general fund and from the state highway bond proceeds. 
 53.34     Sec. 4.  Minnesota Statutes 2000, section 16C.05, 
 53.35  subdivision 2, is amended to read: 
 53.36     Subd. 2.  [CREATION AND VALIDITY OF CONTRACTS.] (a) A 
 54.1   contract is not valid and the state is not bound by it unless: 
 54.2      (1) it has first been executed by the head of the agency or 
 54.3   a delegate who is a party to the contract; 
 54.4      (2) it has been approved by the commissioner; 
 54.5      (3) it has been approved by the attorney general or a 
 54.6   delegate as to form and execution; 
 54.7      (4) the accounting system shows an obligation in an expense 
 54.8   budget or encumbrance for the amount of the contract liability; 
 54.9   and 
 54.10     (5) the combined contract and amendments shall not exceed 
 54.11  five years without specific, written approval by the 
 54.12  commissioner according to established policy, procedures, and 
 54.13  standards, or unless otherwise provided for by law.  The term of 
 54.14  the original contract must not exceed two years unless the 
 54.15  commissioner determines that a longer duration is in the best 
 54.16  interest of the state.  
 54.17     (b) Grants, interagency agreements, purchase orders, and 
 54.18  annual plans need not, in the discretion of the commissioner and 
 54.19  attorney general, require the signature of the commissioner 
 54.20  and/or the attorney general.  A signature is not required for 
 54.21  work orders and amendments to work orders related to department 
 54.22  of transportation contracts.  Bond purchase agreements by the 
 54.23  Minnesota public facilities authority do not require the 
 54.24  approval of the commissioner.  
 54.25     (c) A fully executed copy of every contract must be kept on 
 54.26  file at the contracting agency. 
 54.27     Sec. 5.  Minnesota Statutes 2000, section 16C.06, 
 54.28  subdivision 1, is amended to read: 
 54.29     Subdivision 1.  [PUBLICATION REQUIREMENTS.] Notices of 
 54.30  solicitations for acquisitions estimated to be more than 
 54.31  $25,000, or $100,000 in the case of a department of 
 54.32  transportation acquisition, must be publicized in a manner 
 54.33  designated by the commissioner. 
 54.34     Sec. 6.  Minnesota Statutes 2000, section 16C.06, 
 54.35  subdivision 2, is amended to read: 
 54.36     Subd. 2.  [SOLICITATION PROCESS.] (a) A formal solicitation 
 55.1   must be used to acquire all goods, service contracts, and 
 55.2   utilities estimated at or more than $25,000, or in the case of a 
 55.3   department of transportation solicitation, at or more than 
 55.4   $100,000, unless otherwise provided for.  All formal responses 
 55.5   must be sealed when they are received and must be opened in 
 55.6   public at the hour stated in the solicitation.  Formal responses 
 55.7   must be authenticated by the responder in a manner specified by 
 55.8   the commissioner.  
 55.9      (b) An informal solicitation may be used to acquire all 
 55.10  goods, service contracts, and utilities that are estimated at 
 55.11  less than $25,000, or in the case of a department of 
 55.12  transportation solicitation, at or less than $100,000.  The 
 55.13  number of vendors required to receive solicitations may be 
 55.14  determined by the commissioner.  Informal responses must be 
 55.15  authenticated by the responder in a manner specified by the 
 55.16  commissioner. 
 55.17     Sec. 7.  Minnesota Statutes 2000, section 16C.08, 
 55.18  subdivision 2, is amended to read: 
 55.19     Subd. 2.  [DUTIES OF CONTRACTING AGENCY.] Before an agency 
 55.20  may seek approval of a professional or technical services 
 55.21  contract valued in excess of $5,000, or $50,000 in the case of a 
 55.22  department of transportation professional or technical services 
 55.23  contract, it must certify to the commissioner that: 
 55.24     (1) no current state employee is able and available to 
 55.25  perform the services called for by the contract; 
 55.26     (2) the normal competitive bidding mechanisms will not 
 55.27  provide for adequate performance of the services; 
 55.28     (3) the contractor has certified that the product of the 
 55.29  services will be original in character; 
 55.30     (4) reasonable efforts were made to publicize the 
 55.31  availability of the contract to the public; 
 55.32     (5) the agency has received, reviewed, and accepted a 
 55.33  detailed work plan from the contractor for performance under the 
 55.34  contract, if applicable; 
 55.35     (6) the agency has developed, and fully intends to 
 55.36  implement, a written plan providing for the assignment of 
 56.1   specific agency personnel to a monitoring and liaison function, 
 56.2   the periodic review of interim reports or other indications of 
 56.3   past performance, and the ultimate utilization of the final 
 56.4   product of the services; and 
 56.5      (7) the agency will not allow the contractor to begin work 
 56.6   before funds are fully encumbered. 
 56.7      Sec. 8.  Minnesota Statutes 2000, section 138.664, is 
 56.8   amended by adding a subdivision to read: 
 56.9      Subd. 116.  Little Elk Heritage Preserve, Morrison county. 
 56.10     Sec. 9.  Minnesota Statutes 2000, section 161.082, 
 56.11  subdivision 2a, is amended to read: 
 56.12     Subd. 2a.  [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 
 56.13  (a) Money in the town bridge account must be expended on town 
 56.14  road bridge structures that are ten feet or more in length and 
 56.15  on town road culverts that replace existing town road bridges.  
 56.16  In addition, if the present bridge structure is less than ten 
 56.17  feet in length but a hydrological survey indicates that the 
 56.18  replacement bridge structure or culvert must be ten feet or more 
 56.19  in length, then the bridge or culvert is eligible for 
 56.20  replacement funds. 
 56.21     (b) In addition, if a culvert that replaces a deficient 
 56.22  bridge is in a county comprehensive water plan approved by the 
 56.23  board of water and soil resources and the department of natural 
 56.24  resources, the costs of the culvert and roadway grading other 
 56.25  than surfacing are eligible for replacement funds up to the cost 
 56.26  of constructing a replacement bridge. 
 56.27     (c) The expenditures on a bridge structure or culvert may 
 56.28  be paid from the county turnback account and may be for 100 
 56.29  percent of the cost of the replacement structure or culvert or 
 56.30  for 100 percent of the cost of rehabilitating the existing 
 56.31  structure. 
 56.32     (d) The town bridge account may be used to pay the costs to 
 56.33  abandon an existing bridge that is deficient and in need of 
 56.34  replacement, but where no replacement will be made.  It may also 
 56.35  be used to pay the costs to construct a road or street to 
 56.36  facilitate the abandonment of an existing bridge determined by 
 57.1   the commissioner to be deficient, if the commissioner determines 
 57.2   that construction of the road or street is more cost efficient 
 57.3   than replacing the existing bridge. 
 57.4      (e) When bridge approach construction work exceeds $10,000 
 57.5   in costs, or when the county engineer determines that the cost 
 57.6   of the replacement culverts alone will not exceed $20,000, or 
 57.7   engineering costs exceed $10,000, the town shall be eligible for 
 57.8   financial assistance from the town bridge account.  Financial 
 57.9   assistance shall be requested by resolution of the county board 
 57.10  and shall be limited to: 
 57.11     (1) 100 percent of the cost of the bridge approach work 
 57.12  that is in excess of $10,000; or 
 57.13     (2) 100 percent of the cost of the replacement culverts 
 57.14  when the cost does not exceed $20,000 and the town board agrees 
 57.15  to be responsible for all the other costs, which may include 
 57.16  costs for structural removal, installation, and permitting.  The 
 57.17  replacement structure design and costs shall be approved and 
 57.18  certified by the county engineer, but need not be subsequently 
 57.19  approved by the department of transportation; or 
 57.20     (3) 100 percent of all related engineering costs that 
 57.21  exceed $10,000, or in the case of towns with a net tax capacity 
 57.22  of less than $200,000, 100 percent of the engineering costs. 
 57.23     (f) Money in the town road account must be distributed as 
 57.24  provided in section 162.081. 
 57.25     Sec. 10.  Minnesota Statutes 2000, section 161.14, is 
 57.26  amended by adding a subdivision to read: 
 57.27     Subd. 48.  [KING OF TRAILS.] (a) The following described 
 57.28  route, signed as trunk highway No. 75 on the effective date of 
 57.29  this subdivision, is designated the "King of Trails":  
 57.30  Constitutional Route No. 6 from its intersection with the 
 57.31  Minnesota-Canada border southerly to its intersection with 
 57.32  Legislative Route No. 175 at or near the city of Crookston, then 
 57.33  Legislative Route No. 175 southwesterly and southerly to its 
 57.34  intersection with Constitutional Route No. 6 between the cities 
 57.35  of Halstad and Hendrum, then Constitutional Route No. 6 
 57.36  southerly to its intersection with the Minnesota-Iowa border.  
 58.1      (b) After complying with section 161.139, the commissioner 
 58.2   shall adopt a suitable marking design to mark the highway and 
 58.3   erect appropriate signs. 
 58.4      Sec. 11.  Minnesota Statutes 2000, section 161.23, 
 58.5   subdivision 3, is amended to read: 
 58.6      Subd. 3.  [LEASING.] The commissioner may lease for the 
 58.7   term between the acquisition and sale thereof and for a fair 
 58.8   rental rate and upon such terms and conditions as the 
 58.9   commissioner deems proper, any excess real estate acquired under 
 58.10  the provisions of this section, and any real estate acquired in 
 58.11  fee for trunk highway purposes and not presently needed 
 58.12  therefor.  All rents received from the leases shall be paid into 
 58.13  the state treasury.  Seventy percent of the rents shall be 
 58.14  credited to the trunk highway fund.  The remaining 30 percent 
 58.15  shall be paid to the county treasurer where the real estate is 
 58.16  located, and shall be distributed in the same manner as real 
 58.17  estate taxes.  This subdivision does not apply to real estate 
 58.18  leased for the purpose of providing commercial and public 
 58.19  service advertising pursuant to franchise agreements as provided 
 58.20  in sections 160.276 to 160.278 or to fees collected under 
 58.21  section 174.70, subdivision 2. 
 58.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 58.23  following final enactment. 
 58.24     Sec. 12.  Minnesota Statutes 2000, section 161.32, 
 58.25  subdivision 1, is amended to read: 
 58.26     Subdivision 1.  [ADVERTISEMENT FOR BIDS.] The commissioner 
 58.27  may conduct the work or any part thereof of the work incidental 
 58.28  to the construction and maintenance of the trunk highways by 
 58.29  labor employed therefor to do the work or by contract.  In cases 
 58.30  of construction work, the commissioner shall first advertise for 
 58.31  bids for contracts, and if no satisfactory bids are received, 
 58.32  may either reject all bids and readvertise, or do the work by 
 58.33  labor employed therefor to do the work.  Except as hereinafter 
 58.34  provided in subdivision 3 or 4, when work is to be done under 
 58.35  contract, the commissioner shall advertise for bids once each 
 58.36  week for three successive weeks prior to the date such the bids 
 59.1   are to be received.  The advertisement for bids shall must be 
 59.2   published in a newspaper or other periodical of general 
 59.3   circulation in the state and may be placed on the Internet.  The 
 59.4   plans and specifications for the proposed work shall must be on 
 59.5   file in the commissioner's office prior to the first call for 
 59.6   bids. 
 59.7      Sec. 13.  Minnesota Statutes 2000, section 161.32, 
 59.8   subdivision 1b, is amended to read: 
 59.9      Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 
 59.10  bids electronically in a form and manner required by the 
 59.11  commissioner.  Trunk highway construction contracts, including 
 59.12  design-build contracts, must be awarded to the lowest 
 59.13  responsible bidder, taking into consideration conformity with 
 59.14  the specifications, the purpose for which the contract or 
 59.15  purchase is intended, the status and capability of the vendor, 
 59.16  and other considerations imposed in the call for bids.  The 
 59.17  commissioner may decide which is the lowest responsible bidder 
 59.18  for all contracts and may use the principles of life-cycle 
 59.19  costing, where when appropriate, in determining the lowest 
 59.20  overall bid.  Any or all bids may be rejected.  In a case 
 59.21  where When competitive bids are required and where all bids are 
 59.22  rejected, new bids, if solicited, must be called for as in the 
 59.23  first instance, unless otherwise provided by law. 
 59.24     Sec. 14.  Minnesota Statutes 2000, section 161.32, 
 59.25  subdivision 1e, is amended to read: 
 59.26     Subd. 1e.  [RECORD.] A record must be kept of all bids, 
 59.27  including names of bidders, amounts of bids, and each successful 
 59.28  bid.  After the contract is awarded, this record is open to 
 59.29  public inspection and may be posted on the Internet. 
 59.30     Sec. 15.  [161.3205] [PROFESSIONAL AND TECHNICAL SERVICES 
 59.31  CONTRACTS.] 
 59.32     Subdivision 1.  [SCOPE; AUTHORITY GENERALLY.] (a) 
 59.33  Notwithstanding other law to the contrary, this section applies 
 59.34  to professional and technical services contracts entered into by 
 59.35  the commissioner of transportation. 
 59.36     (b) The commissioner has the authority and duty to: 
 60.1      (1) approve state transportation project plans and 
 60.2   specifications; 
 60.3      (2) award transportation construction and maintenance 
 60.4   contracts; 
 60.5      (3) approve, select, and award professional and technical 
 60.6   consultant contracts for state transportation projects; and 
 60.7      (4) approve utility and municipal agreements affecting 
 60.8   state transportation projects. 
 60.9      Subd. 2.  [DEFINITION OF PROFESSIONAL OR TECHNICAL 
 60.10  SERVICES.] For purposes of this section, "professional or 
 60.11  technical services" means services that are intellectual in 
 60.12  character, including consultative, analytical, evaluative, 
 60.13  predictive, planning, programming, or recommendatory, and that 
 60.14  result in the production of a report or the completion of a 
 60.15  task.  Professional or technical contracts do not include the 
 60.16  provision of supplies or materials, except (1) by the approval 
 60.17  of the commissioner, (2) as incidental to providing supplies or 
 60.18  materials, or (3) as incidental to providing professional or 
 60.19  technical services. 
 60.20     Subd. 3.  [DUTIES OF COMMISSIONER.] Before entering into a 
 60.21  professional or technical services contract with a value 
 60.22  exceeding $100,000, the commissioner shall certify that: 
 60.23     (1) no current state employee is able and available to 
 60.24  perform the services called for by the contract; 
 60.25     (2) the normal competitive bidding mechanisms do not 
 60.26  provide for adequate performance of the services; 
 60.27     (3) the contractor has certified that the product of the 
 60.28  services will be original in character; 
 60.29     (4) reasonable efforts were made to publicize the 
 60.30  availability of the contract to the public; 
 60.31     (5) the agency has received, reviewed, and accepted a 
 60.32  detailed work plan from the contractor for performance under the 
 60.33  contract, if applicable; and 
 60.34     (6) the commissioner has developed and will implement a 
 60.35  written plan providing for the assignment of specific agency 
 60.36  personnel to a monitoring and liaison function, the periodic 
 61.1   review of interim reports or other indications of past 
 61.2   performance, and the ultimate utilization of the final product 
 61.3   of the services. 
 61.4      Subd. 4.  [CONTRACT PROCEDURES.] Before approving a 
 61.5   proposed contract for professional or technical services, the 
 61.6   commissioner shall determine, at least, that: 
 61.7      (1) the work to be performed under the contract is 
 61.8   necessary to the agency's achievement of its statutory 
 61.9   responsibilities and there is statutory authority to enter into 
 61.10  the contract; 
 61.11     (2) the contract does not establish an employment 
 61.12  relationship between the state or the agency and any persons 
 61.13  performing under the contract; 
 61.14     (3) the contractor and agents are not employees of the 
 61.15  state; 
 61.16     (4) no agency has previously performed or contracted for 
 61.17  the performance of tasks that would be substantially duplicated 
 61.18  under the proposed contract; 
 61.19     (5) the commissioner has specified a satisfactory method of 
 61.20  evaluating and using the results of the work to be performed; 
 61.21  and 
 61.22     (6) the combined contract and amendments will not exceed 
 61.23  five years, unless otherwise provided for by law.  The term of 
 61.24  the original contract must not exceed two years, unless the 
 61.25  commissioner determines that a longer duration is in the best 
 61.26  interest of the state. 
 61.27     Subd. 5.  [CONTRACT TERMINATION AND PAYMENT TERMS.] (a) A 
 61.28  professional or technical services contract must by its terms 
 61.29  permit the commissioner to unilaterally terminate the contract 
 61.30  prior to completion, upon payment of just compensation, if the 
 61.31  commissioner determines that further performance under the 
 61.32  contract would not serve agency purposes. 
 61.33     (b) The commissioner shall approve and make final payment 
 61.34  on all professional and technical services contracts within six 
 61.35  months after the contractor delivers the final documents and 
 61.36  invoice.  Overdue payments are subject to the applicable prompt 
 62.1   payment provisions of section 16A.124. 
 62.2      Subd. 6.  [REPORTS.] (a) The commissioner shall submit to 
 62.3   the governor, the chair of the ways and means committee of the 
 62.4   house of representatives, the chair of the senate state 
 62.5   government finance committee, and the legislative reference 
 62.6   library a yearly listing of all contracts for professional or 
 62.7   technical services executed.  The report must identify the 
 62.8   contractor, contract amount, duration, and services to be 
 62.9   provided.  The commissioner shall also issue yearly reports 
 62.10  summarizing the contract review activities of the department by 
 62.11  fiscal year.  
 62.12     (b) The fiscal year report must be submitted by September 1 
 62.13  of each year and must: 
 62.14     (1) be sorted by contractor; 
 62.15     (2) show the aggregate value of contracts issued to each 
 62.16  contractor; 
 62.17     (3) distinguish between contracts that are being issued for 
 62.18  the first time and contracts that are being extended; 
 62.19     (4) state the termination date of each contact; and 
 62.20     (5) identify services by commodity code, including topics 
 62.21  such as contracts for training and contracts for research. 
 62.22     (c) Within 30 days of final completion of a contract over 
 62.23  $100,000 covered by this subdivision, the commissioner must 
 62.24  submit a one-page report to the legislative reference library.  
 62.25  The report must: 
 62.26     (1) summarize the purpose of the contract, including why it 
 62.27  was necessary to enter into a contract; 
 62.28     (2) state the amount spent on the contract; and 
 62.29     (3) explain why this amount was a cost-effective way to 
 62.30  enable the agency to provide its services or products better or 
 62.31  more efficiently. 
 62.32     Sec. 16.  [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 
 62.33  CORRIDOR DEVELOPMENT.] 
 62.34     Subdivision 1.  [CORRIDOR DEVELOPMENT.] By agreement with 
 62.35  the commissioner, a road authority other than the commissioner 
 62.36  or two or more road authorities that have entered into a joint 
 63.1   powers agreement under section 471.59 may make advances from any 
 63.2   available funds to the commissioner to expedite development of 
 63.3   an interregional transportation corridor, including funds for 
 63.4   design consultants, for right-of-way purchases, for 
 63.5   construction, or for other related expenditures. 
 63.6      Subd. 2.  [REPAYMENT.] Subject to the availability of state 
 63.7   money, the commissioner shall repay the amount advanced under 
 63.8   this section, up to the state's share of costs, under terms of 
 63.9   the agreement.  The agreement may provide for payment of 
 63.10  interest on the amount of advanced funds.  The maximum interest 
 63.11  rate that may be paid is the rate earned by the state on 
 63.12  invested treasurer's cash for the month before the date the 
 63.13  agreement is executed or the actual interest paid by the road 
 63.14  authority in borrowing for the amount advanced, whichever rate 
 63.15  is less.  The total amount of annual repayment to road 
 63.16  authorities under this section and section 161.361 must never 
 63.17  exceed the amount stated in the department's debt management 
 63.18  policy or $10,000,000, whichever is less. 
 63.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 63.20  following final enactment. 
 63.21     Sec. 17.  [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND 
 63.22  PROCEEDS.] 
 63.23     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 63.24  subdivision apply to this section. 
 63.25     (b) "State trunk highway bond-financed property" means 
 63.26  property acquired, improved, or maintained in whole or in part 
 63.27  with the proceeds of state trunk highway bonds authorized to be 
 63.28  issued under the Minnesota Constitution, article XIV, section 11.
 63.29     (c) "Outstanding state trunk highway bonds" means the 
 63.30  dollar amount of state trunk highway bonds, including any 
 63.31  refunding state trunk highway bonds, issued with respect to 
 63.32  state trunk highway bond-financed property, less the principal 
 63.33  amount of state trunk highway bonds paid or defeased. 
 63.34     Subd. 2.  [LEASES.] State trunk highway bond-financed 
 63.35  property may only be leased for those purposes authorized by law 
 63.36  and must be leased in accordance with the requirements of all 
 64.1   other laws and duly adopted rules applicable thereto, orders, if 
 64.2   any, of the commissioner of finance intended to ensure the 
 64.3   legality and tax-exempt status of outstanding state trunk 
 64.4   highway bonds and with the approval of the commissioner of 
 64.5   finance.  A lease of state trunk highway bond-financed property, 
 64.6   including any renewals that are solely at the option of the 
 64.7   lessee, must be for a term substantially less than the useful 
 64.8   life of the state trunk highway bond-financed property, but may 
 64.9   allow renewal beyond that term upon a determination by the 
 64.10  commissioner of transportation that the use continues to be 
 64.11  authorized by law and that the additional term is authorized by 
 64.12  law.  A lease of state trunk highway bond-financed property must 
 64.13  be terminable by the commissioner of transportation if the other 
 64.14  contracting party defaults under the contract and must provide 
 64.15  for oversight by the commissioner of transportation.  
 64.16  Notwithstanding the provisions of any other law, money received 
 64.17  by the state under a lease of state trunk highway bond-financed 
 64.18  property must be paid to the commissioner of transportation, 
 64.19  deposited in the state trunk highway fund, and used to pay or 
 64.20  redeem or defease any outstanding state trunk highway bonds in 
 64.21  accordance with the commissioner of finance's order authorizing 
 64.22  their issuance.  The money paid to the commissioner of 
 64.23  transportation is appropriated for this purpose.  Money in 
 64.24  excess of the foregoing requirement must be applied as otherwise 
 64.25  required by law. 
 64.26     Subd. 3.  [SALES.] State trunk highway bond-financed 
 64.27  property must not be sold unless the sale is for a purpose 
 64.28  authorized by law, the sale is conducted in accordance with 
 64.29  applicable law and duly adopted rules, the sale is made in 
 64.30  accordance with orders, if any, of the commissioner of finance 
 64.31  intended to ensure the legality and tax-exempt status of 
 64.32  outstanding state trunk highway bonds, and the sale is approved 
 64.33  by the commissioner of finance.  Notwithstanding the provisions 
 64.34  of any other law, the net proceeds of a sale of any state trunk 
 64.35  highway bond-financed property must be paid to the commissioner 
 64.36  of transportation, deposited in the state trunk highway fund, 
 65.1   and used to pay or redeem or defease any outstanding trunk 
 65.2   highway bonds in accordance with the commissioner of finance's 
 65.3   order authorizing their issuance.  The net proceeds of sale paid 
 65.4   to the commissioner of transportation are appropriated for these 
 65.5   purposes.  Any net proceeds of sale in excess of the foregoing 
 65.6   requirement must be applied as otherwise required by law.  When 
 65.7   all of the net proceeds of sale have been applied as provided in 
 65.8   this subdivision, the sold property is no longer considered 
 65.9   state trunk highway bond-financed property. 
 65.10     Subd. 4.  [RELATION TO OTHER LAWS.] This section applies to 
 65.11  all state trunk highway bond-financed property unless otherwise 
 65.12  provided by law. 
 65.13     Sec. 18.  Minnesota Statutes 2000, section 167.51, 
 65.14  subdivision 2, is amended to read: 
 65.15     Subd. 2.  [TRANSFERS.] All money transferred from the trunk 
 65.16  highway fund or from any other source to the Minnesota trunk 
 65.17  highway bond account and all income from the investment thereof 
 65.18  shall be available for the payment of outstanding state trunk 
 65.19  highway bonds and interest thereon, whether or not issued 
 65.20  pursuant to section 167.50, in the same manner as the proceeds 
 65.21  of taxes paid into the trunk highway fund, and so much thereof 
 65.22  as may be necessary is appropriated for such payments.  The 
 65.23  legislature may appropriate and transfer to the Minnesota trunk 
 65.24  highway bond account, for the payment of such trunk highway 
 65.25  bonds and interest thereon, any other moneys in the state 
 65.26  treasury not otherwise appropriated.  The commissioner of 
 65.27  finance and the state treasurer are directed to make the 
 65.28  appropriate entries in the accounts of the respective funds.  
 65.29     Sec. 19.  Minnesota Statutes 2000, section 168.013, 
 65.30  subdivision 1d, is amended to read: 
 65.31     Subd. 1d.  [TRAILER.] (a) On trailers registered at a gross 
 65.32  vehicle weight of greater than 3,000 pounds, the annual tax is 
 65.33  based on total gross weight and is 30 percent of the Minnesota 
 65.34  base rate prescribed in subdivision 1e, when the gross weight is 
 65.35  15,000 pounds or less, and when the gross weight of a trailer is 
 65.36  more than 15,000 pounds, the tax for the first eight years of 
 66.1   vehicle life is 100 percent of the tax imposed in the Minnesota 
 66.2   base rate schedule, and during the ninth and succeeding years of 
 66.3   vehicle life the tax is 75 percent of the Minnesota base rate 
 66.4   prescribed by subdivision 1e, but in no event less than $5, 
 66.5   provided, that the tax on trailers with a total gross weight of 
 66.6   3,000 pounds or less is payable biennially.  
 66.7      (b) Farm trailers with a gross weight in excess of 10,000 
 66.8   pounds and as described in section 168.011, subdivision 17, are 
 66.9   taxed as farm trucks as prescribed in subdivision 1c. 
 66.10     (c) Effective on and after July 1, 2001, trailers 
 66.11  registered at a gross vehicle weight of 3,000 pounds or less 
 66.12  must display a distinctive plate.  The registration on the 
 66.13  license plate is valid for the life of the trailer only if it 
 66.14  remains registered at the same gross vehicle weight.  The 
 66.15  one-time registration tax for trailers registered for the first 
 66.16  time in Minnesota is $55.  For trailers registered in Minnesota 
 66.17  before July 1, 2001, and for which: 
 66.18     (1) registration is desired for the remaining life of the 
 66.19  trailer, the registration tax is $25; or 
 66.20     (2) permanent registration is not desired, the biennial 
 66.21  registration tax is $10 for the first renewal if registration is 
 66.22  renewed between and including July 1, 2001, and June 30, 2003.  
 66.23  These trailers must be issued permanent registration at the 
 66.24  first renewal on or after July 1, 2003, and the registration tax 
 66.25  is $20.  
 66.26  For trailers registered at a gross weight of 3,000 pounds or 
 66.27  less before July 1, 2001, but not renewed until on or after July 
 66.28  1, 2003, the registration tax is $20 and permanent registration 
 66.29  must be issued. 
 66.30     Sec. 20.  Minnesota Statutes 2000, section 168.33, 
 66.31  subdivision 7, is amended to read: 
 66.32     Subd. 7.  [FILING FEE.] (a) In addition to all other 
 66.33  statutory fees and taxes, a filing fee of $3.50 $4.50 is imposed 
 66.34  on every application motor vehicle registration renewal, 
 66.35  excluding prorate, and a filing fee of $7 is imposed on every 
 66.36  other type of vehicle transaction; except that a filing fee may 
 67.1   not be charged for a document returned for a refund or for a 
 67.2   correction of an error made by the department of public safety 
 67.3   or a deputy registrar.  The filing fee shall must be shown as a 
 67.4   separate item on all registration renewal notices sent out by 
 67.5   the department of public safety.  No filing fee or other fee may 
 67.6   be charged for the permanent surrender of a certificate of title 
 67.7   and license plates for a motor vehicle.  
 67.8      (b) Filing fees collected under this subdivision by the 
 67.9   registrar department must be paid into the state treasury and 
 67.10  credited to the highway user tax distribution fund, except fees 
 67.11  for registrations of motor vehicles.  Filing fees collected for 
 67.12  registrations of motor vehicles in conjunction with a title 
 67.13  transfer or first application in this state must be paid into 
 67.14  the state treasury with 50 percent of the money credited to the 
 67.15  general fund and 50 percent credited to the highway user tax 
 67.16  distribution fund. 
 67.17     Sec. 21.  Minnesota Statutes 2000, section 168.381, is 
 67.18  amended to read: 
 67.19     168.381 [MANUFACTURE OF VEHICLE LICENSE NUMBER PLATES; 
 67.20  APPROPRIATIONS.] 
 67.21     Subdivision 1.  [CORRECTIONAL FACILITIES; OTHER 
 67.22  MANUFACTURERS.] (a) License number plates required by law may be 
 67.23  manufactured by the Minnesota correctional facility-St. Cloud, 
 67.24  the Minnesota correctional facility-Stillwater, or other 
 67.25  facility established by law for the confinement of persons 
 67.26  convicted of felony, upon order from the registrar of motor 
 67.27  vehicles, such.  The order to must state the quality of material 
 67.28  desired in such the plates, the plate specifications thereof, 
 67.29  and the amount or number desired.  
 67.30     (b) Should the commissioner of corrections decide not to 
 67.31  supply the required quantity of license plates, or discontinue 
 67.32  the manufacture of plates, the commissioner of public safety is 
 67.33  authorized to seek other suppliers on a competitive basis.  
 67.34     Subd. 2.  [LABORATORY TESTING; COSTS.] (a) Materials 
 67.35  purchased to be used in the manufacture of such motor vehicle 
 67.36  number plates shall must be tested as to conformance with 
 68.1   specifications established by the commissioner of public safety 
 68.2   in a privately operated laboratory service to be designated by 
 68.3   the commissioner.  The cost of such the laboratory shall must be 
 68.4   included in the cost of materials purchased.  
 68.5      (b) The cost of delivery of such number plates to the 
 68.6   commissioner of public safety at places which designated by the 
 68.7   commissioner may designate shall must be included in the 
 68.8   expenses incurred in their manufacture.  
 68.9      Subd. 3.  [SPECIFICATIONS.] The commissioner of public 
 68.10  safety shall establish new or revised specifications for the 
 68.11  material and equipment used in the manufacture of number plates 
 68.12  ordered for manufacture after August 1, 1975, and may from time 
 68.13  to time revise such the specifications,; provided that such 
 68.14  the specifications conform to the requirements of section 168.12.
 68.15  In establishing new or revised specifications, the commissioner 
 68.16  shall consult with and give consideration to the advice and 
 68.17  recommendations of representatives of the Minnesota state 
 68.18  patrol, local police officers' associations, and the county 
 68.19  sheriffs' association.  
 68.20     (c) Subd. 4.  [APPROPRIATIONS.] (a) Money appropriated to 
 68.21  the department of public safety to procure the plates for any 
 68.22  fiscal year or years shall be are available for allotment, 
 68.23  encumbrance, and expenditure from and after the date of the 
 68.24  enactment of such the appropriation.  Materials and equipment 
 68.25  used in the manufacture of such number plates are subject only 
 68.26  to the approval of the commissioner of public safety.  
 68.27     (d) (b) This section contemplates that money to be 
 68.28  appropriated to the department of public safety in order to 
 68.29  carry out the terms and provisions of this section will be 
 68.30  appropriated by the legislature from the highway user tax 
 68.31  distribution fund. 
 68.32     (c) A sum sufficient is appropriated annually from the 
 68.33  highway user tax distribution fund to the commissioner of public 
 68.34  safety to pay the costs of purchasing, delivering, and mailing 
 68.35  motor vehicle license number plates, license plate registration 
 68.36  tabs or stickers, and license plate registration notices. 
 69.1      Sec. 22.  Minnesota Statutes 2000, section 169.06, is 
 69.2   amended by adding a subdivision to read: 
 69.3      Subd. 5b.  [SIGNAL VIOLATION CITED USING PHOTOGRAPHIC 
 69.4   EVIDENCE.] (a) Notwithstanding section 169.89, subdivision 1, if 
 69.5   a motor vehicle is operated in violation of subdivision 4 and 
 69.6   the violation is detected through use of photographic evidence, 
 69.7   the owner of the vehicle or, for a leased motor vehicle, the 
 69.8   lessee of the vehicle, is guilty of a petty misdemeanor and may 
 69.9   be fined up to $100.  Notwithstanding any other law, a peace 
 69.10  officer may issue a citation to the owner or lessee of the 
 69.11  vehicle through United States mail. 
 69.12     (b) This subdivision does not apply to (1) an owner who 
 69.13  presents written evidence that the motor vehicle had been 
 69.14  reported to a law enforcement agency as stolen at the time of 
 69.15  the violation, or (2) a lessor of a motor vehicle if the lessor 
 69.16  keeps a record of the name and address of the lessee. 
 69.17     (c) This subdivision does not prohibit or limit the 
 69.18  prosecution of a motor vehicle operator for violating 
 69.19  subdivision 4. 
 69.20     (d) It is an affirmative defense to a violation of this 
 69.21  subdivision if the owner or lessee proves by a preponderance of 
 69.22  the evidence that the owner or lessee was not the driver of the 
 69.23  vehicle at the time of the violation. 
 69.24     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2001. 
 69.25     Sec. 23.  [169.062] [SIGNAL VIOLATION DETECTED WITH 
 69.26  PHOTOGRAPHIC EVIDENCE.] 
 69.27     Subdivision 1.  [LOCAL GOVERNMENT AUTHORITY.] (a) A 
 69.28  statutory or home rule charter city or urban town, as defined in 
 69.29  chapter 368, may by ordinance develop and implement a program to 
 69.30  allow peace officers to detect violations of section 169.06, 
 69.31  subdivision 4, through photographic evidence, as provided in 
 69.32  section 169.06, subdivision 5b.  A program established under 
 69.33  this section must: 
 69.34     (1) be limited to enforcement of traffic signals only; 
 69.35     (2) issue citations for traffic signal violations only 
 69.36  through United States mail within seven working days of the 
 70.1   offense; 
 70.2      (3) provide that any fine revenues in excess of the costs 
 70.3   of the program be transferred to the commissioner of 
 70.4   transportation to be used for the crosswalk safety awareness 
 70.5   campaign; 
 70.6      (4) operate photographic systems in such a manner that the 
 70.7   violating vehicle is identified by the photograph but the 
 70.8   occupants of the vehicle are not; 
 70.9      (5) provide that all records of convictions resulting from 
 70.10  violations detected through the use of photographic systems 
 70.11  contain a notation to that effect; and 
 70.12     (6) require signage notifying drivers that photographic 
 70.13  systems are in place to detect traffic signal violations. 
 70.14     (b) The city or town shall consult with the department of 
 70.15  public safety in establishing the program.  
 70.16     Any contract with a private person for operation of a 
 70.17  program under this section must not include a provision that 
 70.18  provides for a payment to the private person based on the number 
 70.19  of citations issued. 
 70.20     Subd. 2.  [FINES.] A city or town participating in the 
 70.21  program may by ordinance establish a schedule of fines for 
 70.22  violations detected by photographic equipment. 
 70.23     Subd. 3.  [DATA.] Photographic evidence and records of 
 70.24  convictions obtained under this section are private data on 
 70.25  individuals or nonpublic data as defined in section 13.02 but 
 70.26  are accessible to the owner or lessee of the vehicle.  Section 
 70.27  13.05, subdivision 11, applies to a contract with a private 
 70.28  person for operation of a program under this section.  The 
 70.29  private person may use the data only for purposes of this 
 70.30  program. 
 70.31     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2001. 
 70.32     Sec. 24.  Minnesota Statutes 2000, section 169.09, 
 70.33  subdivision 13, is amended to read: 
 70.34     Subd. 13.  [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 
 70.35  APPROPRIATION.] (a) All written reports and supplemental reports 
 70.36  required under this section shall be for the use of the 
 71.1   commissioner of public safety and other appropriate state, 
 71.2   federal, county, and municipal governmental agencies for 
 71.3   accident analysis purposes, except: 
 71.4      (1) the commissioner of public safety or any law 
 71.5   enforcement agency shall, upon written request of any person 
 71.6   involved in an accident or upon written request of the 
 71.7   representative of the person's estate, surviving spouse, or one 
 71.8   or more surviving next of kin, or a trustee appointed pursuant 
 71.9   to section 573.02, disclose to the requester, the requester's 
 71.10  legal counsel, or a representative of the requester's insurer 
 71.11  the report required under subdivision 8; 
 71.12     (2) the commissioner of public safety shall, upon written 
 71.13  request, provide the driver filing a report under subdivision 7 
 71.14  with a copy of the report filed by the driver; 
 71.15     (3) the commissioner of public safety may verify with 
 71.16  insurance companies vehicle insurance information to enforce 
 71.17  sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 
 71.18     (4) the commissioner of public safety shall provide the 
 71.19  commissioner of transportation the information obtained for each 
 71.20  traffic accident involving a commercial motor vehicle, for 
 71.21  purposes of administering commercial vehicle safety regulations; 
 71.22  and 
 71.23     (5) the commissioner of public safety may give to the 
 71.24  United States Department of Transportation commercial vehicle 
 71.25  accident information in connection with federal grant programs 
 71.26  relating to safety. 
 71.27     (b) Accident reports and data contained in the reports 
 71.28  shall not be discoverable under any provision of law or rule of 
 71.29  court.  No report shall be used as evidence in any trial, civil 
 71.30  or criminal, arising out of an accident, except that the 
 71.31  commissioner of public safety shall furnish upon the demand of 
 71.32  any person who has, or claims to have, made a report, or, upon 
 71.33  demand of any court, a certificate showing that a specified 
 71.34  accident report has or has not been made to the commissioner 
 71.35  solely to prove compliance or failure to comply with the 
 71.36  requirements that the report be made to the commissioner. 
 72.1      (c) Nothing in this subdivision prevents any person who has 
 72.2   made a report pursuant to this section from providing 
 72.3   information to any persons involved in an accident or their 
 72.4   representatives or from testifying in any trial, civil or 
 72.5   criminal, arising out of an accident, as to facts within the 
 72.6   person's knowledge.  It is intended by this subdivision to 
 72.7   render privileged the reports required, but it is not intended 
 72.8   to prohibit proof of the facts to which the reports relate. 
 72.9      (d) Disclosing any information contained in any accident 
 72.10  report, except as provided in this subdivision, section 13.82, 
 72.11  subdivision 3 or 4, or other statutes, is a misdemeanor. 
 72.12     (e) The commissioner of public safety may charge authorized 
 72.13  persons a $5 fee for a copy of an accident report.  The fees 
 72.14  collected must be credited to the driver's license account in 
 72.15  the special revenue fund. 
 72.16     (f) The commissioner and law enforcement agencies may 
 72.17  charge commercial users who request access to response or 
 72.18  incident data relating to accidents a fee not to exceed 50 cents 
 72.19  per report.  "Commercial user" is a user who in one location 
 72.20  requests access to data in more than five accident reports per 
 72.21  month, unless the user establishes that access is not for a 
 72.22  commercial purpose.  Money collected by the commissioner under 
 72.23  this paragraph is appropriated to the commissioner. 
 72.24     Sec. 25.  Minnesota Statutes 2000, section 169.18, 
 72.25  subdivision 1, is amended to read: 
 72.26     Subdivision 1.  [KEEP TO THE RIGHT.] Upon all roadways of 
 72.27  sufficient width a vehicle shall be driven upon the right half 
 72.28  of the roadway, except as follows: 
 72.29     (1) when overtaking and passing another vehicle proceeding 
 72.30  in the same direction under the rules governing such movement; 
 72.31     (2) when the right half of a roadway is closed to traffic 
 72.32  while under construction or repair; 
 72.33     (3) upon a roadway divided into three marked lanes for 
 72.34  traffic under the rules applicable thereon; or 
 72.35     (4) upon a roadway designated and signposted for one-way 
 72.36  traffic as a one-way roadway; or 
 73.1      (5) as necessary to comply with subdivision 11 when 
 73.2   approaching an authorized emergency vehicle parked or stopped on 
 73.3   the roadway. 
 73.4      <b>[EFFECTIVE DATE.]</b> This section is effective June 1, 2001. 
 73.5      Sec. 26.  Minnesota Statutes 2000, section 169.18, is 
 73.6   amended by adding a subdivision to read: 
 73.7      Subd. 11.  [PASSING PARKED EMERGENCY VEHICLE.] When 
 73.8   approaching and before passing an authorized emergency vehicle 
 73.9   that is parked or otherwise stopped on or next to a street or 
 73.10  highway having two or more lanes in the same direction, the 
 73.11  driver of a vehicle shall safely move the vehicle to a lane away 
 73.12  from the emergency vehicle. 
 73.13     <b>[EFFECTIVE DATE.]</b> This section is effective June 1, 2001. 
 73.14     Sec. 27.  Minnesota Statutes 2000, section 169.825, 
 73.15  subdivision 11, is amended to read: 
 73.16     Subd. 11.  [GROSS WEIGHT SEASONAL INCREASES.] (a) The 
 73.17  limitations provided in this section are increased:  
 73.18     (1) by ten percent from January 1 to March 7 between the 
 73.19  dates set by the commissioner based on frost depth, each winter, 
 73.20  statewide; 
 73.21     (2) by ten percent from December 1 through December 31 
 73.22  between the dates set by the commissioner based on frost depth, 
 73.23  each winter in the zone bounded as follows:  beginning at Pigeon 
 73.24  River in the northeast corner of Minnesota; thence in a 
 73.25  southwesterly direction along the north shore of Lake Superior 
 73.26  along trunk highway No. 61 to the junction with trunk highway 
 73.27  No. 210; thence westerly along trunk highway No. 210 to the 
 73.28  junction with trunk highway No. 10; thence northwesterly along 
 73.29  trunk highway No. 10 to the Minnesota-North Dakota border; 
 73.30  thence northerly along that border to the Minnesota-Canadian 
 73.31  Border; thence easterly along said Border to Lake Superior; and 
 73.32     (3) by ten percent from the beginning of harvest to 
 73.33  November 30 each year for the movement of sugar beets, sweet 
 73.34  corn, and potatoes within an area having a 75-mile radius from 
 73.35  the field of harvest to the point of the first unloading.  The 
 73.36  commissioner shall not issue permits under this clause if to do 
 74.1   so will result in a loss of federal highway funding to the state.
 74.2      (b) The duration of a ten percent increase in load limits 
 74.3   is subject to limitation by order of the commissioner, subject 
 74.4   to implementation of springtime load restrictions, or March 7.  
 74.5      (c) When the ten percent increase is in effect, a permit is 
 74.6   required for a motor vehicle, trailer, or semitrailer 
 74.7   combination that has a gross weight in excess of 80,000 pounds, 
 74.8   an axle group weight in excess of that prescribed in subdivision 
 74.9   10, or a single axle weight in excess of 20,000 pounds and which 
 74.10  travels on interstate routes.  
 74.11     (d) In cases where gross weights in an amount less than 
 74.12  that set forth in this section are fixed, limited, or restricted 
 74.13  on a highway or bridge by or under another section of this 
 74.14  chapter, the lesser gross weight as fixed, limited, or 
 74.15  restricted may not be exceeded and must control instead of the 
 74.16  gross weights set forth in this section.  
 74.17     (e) Notwithstanding any other provision of this 
 74.18  subdivision, no vehicle may exceed a total gross vehicle weight 
 74.19  of 80,000 pounds on routes which have not been designated by the 
 74.20  commissioner under section 169.832, subdivision 11. 
 74.21     (f) The commissioner may, after determining the ability of 
 74.22  the highway structure and frost condition to support additional 
 74.23  loads, grant a permit extending seasonal increases for vehicles 
 74.24  using portions of routes falling within two miles of the 
 74.25  southern boundary of the zone described under paragraph (a), 
 74.26  clause (2). 
 74.27     Sec. 28.  Minnesota Statutes 2000, section 169.87, 
 74.28  subdivision 4, is amended to read: 
 74.29     Subd. 4.  [VEHICLE TRANSPORTING MILK, LIVESTOCK, OR 
 74.30  FEED.] (a) Until June 1, 2003, a weight restriction imposed 
 74.31  under subdivision 1 by the commissioner of transportation or a 
 74.32  local road authority, or imposed by subdivision 2, does not 
 74.33  apply to: 
 74.34     (1) a vehicle transporting milk from the point of 
 74.35  production to the point of first processing if, at the time the 
 74.36  weight restriction is exceeded, the vehicle is carrying milk 
 75.1   loaded at only one point of production; 
 75.2      (2) a vehicle delivering animal feed to a farm or other 
 75.3   livestock production facility, whether or not the feed is in a 
 75.4   raw or manufactured state; 
 75.5      (3) a vehicle transporting livestock to a farm or other 
 75.6   livestock production facility for care and rearing; or 
 75.7      (4) a vehicle transporting livestock from a farm or other 
 75.8   livestock production facility to point of slaughter. 
 75.9      (b) This subdivision does not authorize a vehicle described 
 75.10  in this subdivision to exceed a weight restriction of five tons 
 75.11  per axle by more than two tons per axle. 
 75.12     Sec. 29.  Minnesota Statutes 2000, section 170.23, is 
 75.13  amended to read: 
 75.14     170.23 [ABSTRACT; FEE; ADMISSIBLE IN EVIDENCE.] 
 75.15     The commissioner shall upon request furnish any person a 
 75.16  certified abstract of the operating record of any person subject 
 75.17  to the provisions of this chapter, and, if there shall be no 
 75.18  record of any conviction of such person of violating any law 
 75.19  relating to the operation of a motor vehicle or of any injury or 
 75.20  damage caused by such person, the commissioner shall so 
 75.21  certify.  Such abstracts shall not be admissible as evidence in 
 75.22  any action for damages or criminal proceedings arising out of a 
 75.23  motor vehicle accident.  A fee of $5 shall be paid for each such 
 75.24  abstract.  The commissioner shall permit a person to inquire 
 75.25  into the operating record of any person by means of the 
 75.26  inquiring person's own computer facilities for a fee to be 
 75.27  determined by the commissioner of at least $2 for each inquiry. 
 75.28  The commissioner shall furnish an abstract that is not certified 
 75.29  for a fee to be determined by the commissioner in an amount less 
 75.30  than the fee for a certified abstract but more than the fee for 
 75.31  an inquiry by computer.  Fees collected under this section must 
 75.32  be paid into the state treasury with 90 percent of the money 
 75.33  credited to the trunk highway driver's license account in the 
 75.34  special revenue fund and ten percent credited to the general 
 75.35  fund. 
 75.36     Sec. 30.  Minnesota Statutes 2000, section 171.06, 
 76.1   subdivision 2a, is amended to read: 
 76.2      Subd. 2a.  [TWO-WHEELED VEHICLE ENDORSEMENT FEE INCREASED.] 
 76.3   (a) The fee for any duplicate driver's license which is obtained 
 76.4   for the purpose of adding a two-wheeled vehicle endorsement is 
 76.5   increased by $18.50 for each first such duplicate license and 
 76.6   $13 for each renewal thereof.  The additional fee shall be paid 
 76.7   into the state treasury and credited as follows: 
 76.8      (1) $11 of the additional fee for each first duplicate 
 76.9   license, and $7 of the additional fee for each renewal, must be 
 76.10  credited to the motorcycle safety fund which is hereby created; 
 76.11  provided that any fee receipts in excess of $750,000 in a fiscal 
 76.12  year shall be credited 90 percent to the trunk highway driver's 
 76.13  license account in the special revenue fund and ten percent to 
 76.14  the general fund, as provided in section 171.26. 
 76.15     (2) The remainder of the additional fee must be credited to 
 76.16  the general fund. 
 76.17     (b) All application forms prepared by the commissioner for 
 76.18  two-wheeled vehicle endorsements shall clearly state the amount 
 76.19  of the total fee that is dedicated to the motorcycle safety fund.
 76.20     Sec. 31.  Minnesota Statutes 2000, section 171.07, 
 76.21  subdivision 11, is amended to read: 
 76.22     Subd. 11.  [STANDBY OR TEMPORARY CUSTODIAN.] (a) Upon the 
 76.23  written request of the applicant and upon payment of an 
 76.24  additional fee of $3.50, the department shall issue a driver's 
 76.25  license or Minnesota identification card bearing a symbol or 
 76.26  other appropriate identifier indicating that the license holder 
 76.27  has appointed an individual to serve as a standby or temporary 
 76.28  custodian under chapter 257B. 
 76.29     (b) The request must be accompanied by a copy of the 
 76.30  designation executed under section 257B.04. 
 76.31     (c) The department shall maintain a computerized records 
 76.32  system of all persons listed as standby or temporary custodians 
 76.33  by driver's license and identification card applicants.  This 
 76.34  data shall be released to appropriate law enforcement agencies 
 76.35  under section 13.69.  Upon a parent's request and payment of a 
 76.36  fee of $3.50, the department shall revise its list of standby or 
 77.1   temporary custodians to reflect a change in the appointment. 
 77.2      (d) At the request of the license or card holder, the 
 77.3   department shall cancel the standby or temporary custodian 
 77.4   indication without additional charge.  However, this paragraph 
 77.5   does not prohibit a fee that may be applicable for a duplicate 
 77.6   or replacement license or card, renewal of a license, or other 
 77.7   service applicable to a driver's license or identification card. 
 77.8      (e) Notwithstanding sections 13.08, subdivision 1, and 
 77.9   13.69, the department and department employees are conclusively 
 77.10  presumed to be acting in good faith when employees rely on 
 77.11  statements made, in person or by telephone, by persons 
 77.12  purporting to be law enforcement and subsequently release 
 77.13  information described in paragraph (b).  When acting in good 
 77.14  faith, the department and department personnel are immune from 
 77.15  civil liability and not subject to suit for damages resulting 
 77.16  from the release of this information. 
 77.17     (f) The department and its employees: 
 77.18     (1) have no duty to inquire or otherwise determine whether 
 77.19  a designation submitted under this subdivision is legally valid 
 77.20  and enforceable; and 
 77.21     (2) are immune from all civil liability and not subject to 
 77.22  suit for damages resulting from a claim that the designation was 
 77.23  not legally valid and enforceable. 
 77.24     (g) Of the fees received by the department under this 
 77.25  subdivision: 
 77.26     (1) Up to $111,000 received in fiscal year 1997 and up to 
 77.27  $61,000 received in subsequent fiscal years must be deposited in 
 77.28  the general fund. 
 77.29     (2) All other fees must be deposited in the trunk highway 
 77.30  driver's license account in the special revenue fund. 
 77.31     Sec. 32.  Minnesota Statutes 2000, section 171.12, 
 77.32  subdivision 6, is amended to read: 
 77.33     Subd. 6.  [CERTAIN CONVICTIONS NOT RECORDED.] (a) The 
 77.34  department shall not keep on the record of a driver any 
 77.35  conviction for a violation of section 169.14, subdivision 2, 
 77.36  paragraph (a), clause (3), unless the violation consisted of a 
 78.1   speed greater than ten miles per hour in excess of the lawful 
 78.2   speed. 
 78.3      (b) The department shall not keep on the record of a driver 
 78.4   a conviction for failure to obey traffic signals if the record 
 78.5   of conviction indicates that the conviction was obtained through 
 78.6   the use of photographic evidence. 
 78.7      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2001. 
 78.8      Sec. 33.  Minnesota Statutes 2000, section 171.13, 
 78.9   subdivision 6, is amended to read: 
 78.10     Subd. 6.  [INITIAL MOTORCYCLE ENDORSEMENT FEE.] A person 
 78.11  applying for an initial motorcycle endorsement on a driver's 
 78.12  license shall pay at the place of examination a total fee of 
 78.13  $21, which includes the examination fee and endorsement fee, but 
 78.14  does not include the fee for a duplicate driver's license 
 78.15  prescribed in section 171.06, subdivision 2.  Of this amount, 
 78.16  $11 must be credited as provided in section 171.06, subdivision 
 78.17  2a, paragraph (a), clause (1), $2.50 must be credited to 
 78.18  the trunk highway driver's license account in the special 
 78.19  revenue fund, and the remainder must be credited to the general 
 78.20  fund. 
 78.21     Sec. 34.  Minnesota Statutes 2000, section 171.185, is 
 78.22  amended to read: 
 78.23     171.185 [COSTS PAID FROM TRUNK HIGHWAY FUND DRIVER'S 
 78.24  LICENSE ACCOUNT.] 
 78.25     All costs incurred by the commissioner in carrying out the 
 78.26  provisions of sections 171.182 to 171.184 shall be paid from the 
 78.27  trunk highway driver's license account in the special revenue 
 78.28  fund.  
 78.29     Sec. 35.  Minnesota Statutes 2000, section 171.26, is 
 78.30  amended to read: 
 78.31     171.26 [DRIVER'S LICENSE ACCOUNT; MONEY CREDITED TO FUNDS 
 78.32  AND APPROPRIATED.] 
 78.33     (a) The driver's license account is created in the special 
 78.34  revenue fund.  Money credited to this account may be 
 78.35  appropriated to the commissioner of public safety for the 
 78.36  purpose of providing driver's license and other related services 
 79.1   as authorized under this chapter. 
 79.2      (b) All money received under this chapter must be paid into 
 79.3   the state treasury and credited to the trunk highway driver's 
 79.4   license account in the special revenue fund, except as provided 
 79.5   in sections 171.06, subdivision 2a; 171.07, subdivision 11, 
 79.6   paragraph (g); 171.12, subdivision 8; and 171.29, subdivision 2, 
 79.7   paragraph (b). 
 79.8      (c) A sum sufficient is appropriated annually from the 
 79.9   driver's license account to pay the costs of mailing driver's 
 79.10  license renewal notices and producing and mailing driver's 
 79.11  licenses, permits, and identification cards.  Beginning in 2002, 
 79.12  the commissioner shall submit to the commissioner of finance, 
 79.13  with copies to the chairs of the senate and house of 
 79.14  representatives committees having jurisdiction over 
 79.15  transportation finance, by October 15, an audited report 
 79.16  summarizing expenditures under this paragraph for the previous 
 79.17  fiscal year and projections for the current fiscal year. 
 79.18     Sec. 36.  Minnesota Statutes 2000, section 171.29, 
 79.19  subdivision 2, is amended to read: 
 79.20     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
 79.21  license has been revoked as provided in subdivision 1, except 
 79.22  under section 169A.52 or 169A.54, shall pay a $30 fee before the 
 79.23  driver's license is reinstated. 
 79.24     (b) A person whose driver's license has been revoked as 
 79.25  provided in subdivision 1 under section 169A.52 or 169A.54 shall 
 79.26  pay a $250 fee plus a $40 surcharge before the driver's license 
 79.27  is reinstated.  The $250 fee is to be credited as follows: 
 79.28     (1) Twenty percent must be credited to the trunk highway 
 79.29  driver's license account in the special revenue fund. 
 79.30     (2) Fifty-five percent must be credited to the general fund.
 79.31     (3) Eight percent must be credited to a separate account to 
 79.32  be known as the bureau of criminal apprehension account.  Money 
 79.33  in this account may be appropriated to the commissioner of 
 79.34  public safety and the appropriated amount must be apportioned 80 
 79.35  percent for laboratory costs and 20 percent for carrying out the 
 79.36  provisions of section 299C.065. 
 80.1      (4) Twelve percent must be credited to a separate account 
 80.2   to be known as the alcohol-impaired driver education account.  
 80.3   Money in the account is appropriated as follows: 
 80.4      (i) the first $200,000 in a fiscal year to the commissioner 
 80.5   of children, families, and learning for programs for elementary 
 80.6   and secondary school students; and 
 80.7      (ii) the remainder credited in a fiscal year to the 
 80.8   commissioner of transportation to be spent as grants to the 
 80.9   Minnesota highway safety center at St. Cloud State University to 
 80.10  the Minnesota safety council for programs relating to alcohol 
 80.11  and highway safety education in elementary and secondary schools.
 80.12     (5) Five percent must be credited to a separate account to 
 80.13  be known as the traumatic brain injury and spinal cord injury 
 80.14  account.  The money in the account is annually appropriated to 
 80.15  the commissioner of health to be used as follows:  35 percent 
 80.16  for a contract with a qualified community-based organization to 
 80.17  provide information, resources, and support to assist persons 
 80.18  with traumatic brain injury and their families to access 
 80.19  services, and 65 percent to maintain the traumatic brain injury 
 80.20  and spinal cord injury registry created in section 144.662.  For 
 80.21  the purposes of this clause, a "qualified community-based 
 80.22  organization" is a private, not-for-profit organization of 
 80.23  consumers of traumatic brain injury services and their family 
 80.24  members.  The organization must be registered with the United 
 80.25  States Internal Revenue Service under section 501(c)(3) as a 
 80.26  tax-exempt organization and must have as its purposes:  
 80.27     (i) the promotion of public, family, survivor, and 
 80.28  professional awareness of the incidence and consequences of 
 80.29  traumatic brain injury; 
 80.30     (ii) the provision of a network of support for persons with 
 80.31  traumatic brain injury, their families, and friends; 
 80.32     (iii) the development and support of programs and services 
 80.33  to prevent traumatic brain injury; 
 80.34     (iv) the establishment of education programs for persons 
 80.35  with traumatic brain injury; and 
 80.36     (v) the empowerment of persons with traumatic brain injury 
 81.1   through participation in its governance. 
 81.2   No patient's name, identifying information or identifiable 
 81.3   medical data will be disclosed to the organization without the 
 81.4   informed voluntary written consent of the patient or patient's 
 81.5   guardian, or if the patient is a minor, of the parent or 
 81.6   guardian of the patient. 
 81.7      (c) The $40 surcharge must be credited to a separate 
 81.8   account to be known as the remote electronic alcohol monitoring 
 81.9   program account.  The commissioner shall transfer the balance of 
 81.10  this account to the commissioner of finance on a monthly basis 
 81.11  for deposit in the general fund. 
 81.12     (d) When these fees are collected by a licensing agent, 
 81.13  appointed under section 171.061, a handling charge is imposed in 
 81.14  the amount specified under section 171.061, subdivision 4.  The 
 81.15  reinstatement fees and surcharge must be deposited in an 
 81.16  approved state depository as directed under section 171.061, 
 81.17  subdivision 4. 
 81.18     Sec. 37.  Minnesota Statutes 2000, section 171.36, is 
 81.19  amended to read: 
 81.20     171.36 [LICENSE RENEWAL; FEES; PROCEEDS TO TRUNK HIGHWAY 
 81.21  SPECIAL REVENUE FUND.] 
 81.22     All licenses shall expire one year from date of issuance 
 81.23  and may be renewed upon application to the commissioner.  Each 
 81.24  application for an original or renewal school license shall be 
 81.25  accompanied by a fee of $150 and each application for an 
 81.26  original or renewal instructor's license shall be accompanied by 
 81.27  a fee of $50.  The license fees collected under sections 171.33 
 81.28  to 171.41 shall be paid into the trunk highway driver's license 
 81.29  account in the special revenue fund.  No license fee shall be 
 81.30  refunded in the event that the license is rejected or revoked. 
 81.31     Sec. 38.  [174.026] [PAVEMENT STRIPING.] 
 81.32     The commissioner of transportation may bill highway 
 81.33  maintenance operating units of the department and local road 
 81.34  authorities for the costs of a centrally managed pavement 
 81.35  marking program.  Such costs may include equipment acquisition 
 81.36  and rental, labor, materials, and other costs as determined by 
 82.1   the commissioner.  Receipts must be credited to a special 
 82.2   account which is established in the trunk highway fund and are 
 82.3   appropriated to the commissioner to pay the costs for which the 
 82.4   billings are made.  Amounts credited to the account are exempt 
 82.5   from statewide and agency indirect costs payments.  
 82.6      Sec. 39.  Minnesota Statutes 2000, section 174.03, is 
 82.7   amended by adding a subdivision to read: 
 82.8      Subd. 2a.  [HIGHWAY SPENDING IN METROPOLITAN DISTRICT.] In 
 82.9   any year during the period of imposition of the taxes authorized 
 82.10  in section 473.922, subdivisions 4 and 5, and exclusive of the 
 82.11  expenditure of these revenues, (1) the percentage of total trunk 
 82.12  highway fund expenditures attributable to projects in the 
 82.13  metropolitan district may not vary more than two percentage 
 82.14  points from the average of the previous five years of trunk 
 82.15  highway fund metropolitan district expenditures and (2) of the 
 82.16  additional trunk highway funds made available by the tax 
 82.17  revenues collected under section 473.922, subdivisions 4 and 5, 
 82.18  no less than $100,000,000 must be spent in each of the counties 
 82.19  of Anoka, Carver, Dakota, Scott, and Washington during the 
 82.20  period of imposition of these taxes.  The commissioner must let 
 82.21  each project funded as described in this clause no later than 
 82.22  June 30, 2011. 
 82.23     Sec. 40.  Minnesota Statutes 2000, section 174.24, 
 82.24  subdivision 3b, is amended to read: 
 82.25     Subd. 3b.  [OPERATING ASSISTANCE.] (a) The commissioner 
 82.26  shall determine the total operating cost of any public transit 
 82.27  system receiving or applying for assistance in accordance with 
 82.28  generally accepted accounting principles.  To be eligible for 
 82.29  financial assistance, an applicant or recipient shall provide to 
 82.30  the commissioner all financial records and other information and 
 82.31  shall permit any inspection reasonably necessary to determine 
 82.32  total operating cost and correspondingly the amount of 
 82.33  assistance which may be paid to the applicant or recipient.  
 82.34  Where more than one county or municipality contributes 
 82.35  assistance to the operation of a public transit system, the 
 82.36  commissioner shall identify one as lead agency for the purpose 
 83.1   of receiving moneys money under this section.  
 83.2      (b) Prior to distributing operating assistance to eligible 
 83.3   recipients for any contract period, the commissioner shall place 
 83.4   all recipients into one of the following classifications:  large 
 83.5   urbanized area service, urbanized area service, small urban area 
 83.6   service, rural area service, and elderly and handicapped 
 83.7   service.  The commissioner shall distribute funds under this 
 83.8   section so that the percentage of total operating cost paid by 
 83.9   any recipient from local sources will not exceed the percentage 
 83.10  for that recipient's classification, except as provided in an 
 83.11  undue hardship case.  The percentages shall must be:  for large 
 83.12  urbanized area service, 50 percent; for urbanized area service 
 83.13  and small urban area service, 40 percent; for rural area 
 83.14  service, 35 percent; and for elderly and handicapped service, 35 
 83.15  percent.  The remainder of the total operating cost will be paid 
 83.16  from state funds less any assistance received by the recipient 
 83.17  from any federal source.  For purposes of this subdivision 
 83.18  "local sources" means all local sources of funds and includes 
 83.19  all operating revenue, tax levies, and contributions from public 
 83.20  funds, except that the commissioner may exclude from the total 
 83.21  assistance contract revenues derived from operations the cost of 
 83.22  which is excluded from the computation of total operating cost.  
 83.23  Total operating costs of the Duluth transit authority shall not 
 83.24  include costs related to the Superior, Wisconsin service 
 83.25  contract and the school bus service contract.  
 83.26     (c) If a recipient informs the commissioner in writing 
 83.27  after the establishment of these percentages but prior to the 
 83.28  distribution of financial assistance for any year that paying 
 83.29  its designated percentage of total operating cost from local 
 83.30  sources will cause undue hardship, the commissioner may reduce 
 83.31  the percentage to be paid from local sources by the recipient 
 83.32  and increase the percentage to be paid from local sources by one 
 83.33  or more other recipients inside or outside the classification, 
 83.34  provided that no recipient shall have its percentage thus 
 83.35  reduced or increased for more than two years successively.  If 
 83.36  for any year the funds appropriated to the commissioner to carry 
 84.1   out the purposes of this section are insufficient to allow the 
 84.2   commissioner to pay the state share of total operating cost as 
 84.3   provided in this paragraph, the commissioner shall reduce the 
 84.4   state share in each classification to the extent necessary. 
 84.5      Sec. 41.  Minnesota Statutes 2000, section 174.32, 
 84.6   subdivision 5, is amended to read: 
 84.7      Subd. 5.  [ELIGIBLE ACTIVITY EXPENDITURES FROM 
 84.8   FUND.] Activities eligible for assistance under the program 
 84.9   include but are not limited to: 
 84.10     (1) planning and engineering design for transit services; 
 84.11     (2) capital assistance to purchase or refurbish transit 
 84.12  vehicles, purchase rail lines and associated facilities for 
 84.13  light rail transit, purchase rights-of-way, and other capital 
 84.14  expenditures necessary to provide a transit service; and 
 84.15     (3) other assistance for public transit services.  Money in 
 84.16  the transit assistance fund may be spent by law only for 
 84.17  operating assistance.  
 84.18     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003.  
 84.19     Sec. 42.  [174.52] [LOCAL ROAD IMPROVEMENT FUND.] 
 84.20     Subdivision 1.  [FUND CREATED.] A local road improvement 
 84.21  fund is created in the state treasury.  The fund consists of 
 84.22  money transferred to the fund through appropriation, gift, or 
 84.23  grant.  Money in the fund is annually appropriated to the 
 84.24  commissioner for expenditure as specified in this section. 
 84.25     Subd. 2.  [ADVISORY COMMITTEE.] The commissioner of 
 84.26  transportation shall annually consult with a local road 
 84.27  improvement advisory committee concerning criteria for 
 84.28  expenditure and allocations from the fund.  The advisory 
 84.29  committee consists of 11 members appointed as follows: 
 84.30     (1) three representatives appointed by the commissioner, 
 84.31  one of whom shall be designated as the chair of the advisory 
 84.32  committee; 
 84.33     (2) two representatives appointed by the association of 
 84.34  Minnesota counties, of which one must represent a county in the 
 84.35  metropolitan area; 
 84.36     (3) two representatives of cities with a population under 
 85.1   5,000 appointed by the league of Minnesota cities, of which one 
 85.2   must represent a city in the metropolitan area; 
 85.3      (4) two representatives of cities with a population of 
 85.4   5,000 and over, appointed by the league of Minnesota cities, of 
 85.5   which one must represent a city in the metropolitan area; and 
 85.6      (5) two representatives appointed by the Minnesota township 
 85.7   association. 
 85.8   The committee shall by September 1, 2001, establish criteria for 
 85.9   making grants from the fund and a process for cities, counties, 
 85.10  and townships to apply for grants.  The committee must award at 
 85.11  least 50 percent of the funds to local projects by December 15, 
 85.12  2001. 
 85.13     Subd. 3.  [TRUNK HIGHWAY CORRIDOR ACCOUNT.] (a) A trunk 
 85.14  highway corridor account is established in the local road 
 85.15  improvement fund.  Money in the account must be used as grants 
 85.16  to cities, towns, and counties to assist in paying the local 
 85.17  share of projects that: 
 85.18     (1) involve the reconstruction or improvement of a trunk 
 85.19  highway; 
 85.20     (2) have local costs that are not funded, or are only 
 85.21  partially funded with other state and federal funds; and 
 85.22     (3) where the local share of the costs are directly or 
 85.23  partially related to the trunk highway improvement. 
 85.24     (b) A city, county, or town is eligible to receive a grant 
 85.25  from the trunk highway corridor account for the amount of the 
 85.26  project costs that exceed: 
 85.27     (1) three percent of the city, county, or town's adjusted 
 85.28  net tax capacity in the previous calendar year; plus 
 85.29     (2) ten percent of any county or municipal state-aid 
 85.30  allocation received in the previous fiscal year. 
 85.31  In making allocations from the trunk highway corridor account, 
 85.32  the advisory committee must give priority to projects that 
 85.33  involve the relocation of municipally owned utilities that have 
 85.34  a remaining useful life of at least five years. 
 85.35     Subd. 4.  [LOCAL ROAD DEVELOPMENT ACCOUNT.] A local road 
 85.36  development account is established in the local road improvement 
 86.1   fund.  Money in the account must be used as grants to cities, 
 86.2   towns, and counties to assist in paying the costs of 
 86.3   constructing or reconstructing local roads.  To be eligible for 
 86.4   allocation from the local road development account, projects 
 86.5   must meet at least one of the following criteria: 
 86.6      (1) the local road is of regional significance and connects 
 86.7   to the regional roadway system; 
 86.8      (2) the project is designated to receive federal funds; 
 86.9      (3) the project is part of a larger economic development or 
 86.10  redevelopment effort; 
 86.11     (4) the local road serves as a farm-to-market corridor; 
 86.12     (5) the local road serves as a tourism route through a 
 86.13  national forest; or 
 86.14     (6) the project is for the construction of a regional trail 
 86.15  along a trunk highway or local roads. 
 86.16     Subd. 5.  [SMALL CITIES AND TOWNS ACCOUNT.] A small cities 
 86.17  and towns account is established in the local road development 
 86.18  fund.  Money in the account must be used as grants to cities 
 86.19  with a population under 5,000 to assist in paying costs related 
 86.20  to maintenance and construction of the local road system and to 
 86.21  towns to assist in paying costs related to maintenance 
 86.22  snowplowing costs and reconstruction costs necessitated by 
 86.23  severe weather or natural disaster.  In making allocations from 
 86.24  the small cities and towns account, the advisory committee must 
 86.25  establish criteria that at a minimum considers the population 
 86.26  and street mileage within the city and town. 
 86.27     Subd. 6.  [NOISE WALL ACCOUNT.] A noise wall account is 
 86.28  established in the local road development fund.  Money in the 
 86.29  account must be used as grants to cities, towns, and counties to 
 86.30  assist in paying the cost of constructing a noise wall along a 
 86.31  trunk highway.  In making allocations from the noise wall 
 86.32  account, the advisory committee must give priority to projects 
 86.33  that provide local matching funds for at least one-third of the 
 86.34  project costs. 
 86.35     Sec. 43.  Minnesota Statutes 2000, section 174.70, 
 86.36  subdivision 2, is amended to read: 
 87.1      Subd. 2.  [IMPLEMENTATION.] In order to facilitate 
 87.2   construction and maintenance of the initial backbone of the the 
 87.3   state's communications system described in subdivision 1 systems 
 87.4   and to reduce the proliferation of communications towers, the 
 87.5   commissioner shall may, by purchase, lease, gift, exchange, or 
 87.6   other means, obtain sites for the erection of towers and the 
 87.7   location of equipment and shall may construct buildings and 
 87.8   structures needed for developing the system state's 
 87.9   communications systems.  The commissioner may negotiate with 
 87.10  commercial wireless service providers and other tower owners to 
 87.11  obtain sites, towers, and equipment.  Notwithstanding sections 
 87.12  161.433, 161.434, 161.45, and 161.46, the commissioner may by 
 87.13  agreement lease, allow, or permit commercial wireless service 
 87.14  providers or other tower owners to install privately owned 
 87.15  equipment on state-owned lands, buildings, and other structures 
 87.16  under the jurisdiction of the commissioner when it is practical 
 87.17  and feasible to do so.  The commissioner shall annually publish 
 87.18  a list of state-owned tower sites that are available to 
 87.19  commercial wireless service providers and other tower owners for 
 87.20  installation of their equipment on a first-come, first-served 
 87.21  basis for each tower or site.  The commissioner may not make 
 87.22  agreements that grant the exclusive use of towers.  After the 
 87.23  commissioner has agreed to make space available on a specific 
 87.24  tower or at a specific site, the commissioner shall charge a 
 87.25  site use fee for the value of the real property or structure 
 87.26  made available.  In lieu of a site use fee, the commissioner may 
 87.27  make agreements with commercial wireless service providers or 
 87.28  other tower owners to place state equipment on privately owned 
 87.29  towers and may accept (1) improvements such as tower 
 87.30  reinforcement, reconstruction, site development, or other site 
 87.31  improvements to state-owned the state's public safety 
 87.32  communications system facilities or real or personal property, 
 87.33  or (2) services provided by a commercial wireless service 
 87.34  provider.  This section is not intended to create a right to 
 87.35  install privately owned towers on the trunk highway right-of-way.
 87.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 88.1   following final enactment. 
 88.2      Sec. 44.  Minnesota Statutes 2000, section 174.70, 
 88.3   subdivision 3, is amended to read: 
 88.4      Subd. 3.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
 88.5   under subdivision 2 must be deposited in the trunk highway 
 88.6   fund.  The fees so collected are appropriated to the 
 88.7   commissioner to pay for the commissioner's share and state 
 88.8   patrol's share of the costs of constructing developing and 
 88.9   maintaining the communication system sites communications 
 88.10  systems that serve state agencies. 
 88.11     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 88.12  following final enactment. 
 88.13     Sec. 45.  [174.92] [WHISTLE-BLOWING.] 
 88.14     Subject to applicable federal law and regulations, a city, 
 88.15  town, or county may prohibit whistle-blowing within one-half 
 88.16  mile of a commuter rail station. 
 88.17     Sec. 46.  Minnesota Statutes 2000, section 297B.09, 
 88.18  subdivision 1, is amended to read: 
 88.19     Subdivision 1.  [GENERAL FUND SHARE DEPOSIT OF REVENUES.] 
 88.20  Money collected and received under this chapter must be 
 88.21  deposited as provided in this subdivision.  
 88.22     Thirty-two percent of the money collected and received must 
 88.23  be deposited in the highway user tax distribution fund, 18 
 88.24  percent of the money collected and received must be deposited in 
 88.25  the transit assistance fund, and the remaining 68 50 percent of 
 88.26  the money must be deposited in the general fund.  
 88.27     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003.  
 88.28     Sec. 47.  Minnesota Statutes 2000, section 299D.03, 
 88.29  subdivision 5, is amended to read: 
 88.30     Subd. 5.  [FINES AND FORFEITED BAIL MONEY.] (a) All fines 
 88.31  and forfeited bail money, from traffic and motor vehicle law 
 88.32  violations, collected from persons apprehended or arrested by 
 88.33  officers of the state patrol, shall be paid by the person or 
 88.34  officer collecting the fines, forfeited bail money or 
 88.35  installments thereof, on or before the tenth day after the last 
 88.36  day of the month in which these moneys were collected, to the 
 89.1   county treasurer of the county where the violation occurred.  
 89.2   Three-eighths of these receipts shall be credited to the general 
 89.3   revenue fund of the county, except that in a county in a 
 89.4   judicial district under section 480.181, subdivision 1, 
 89.5   paragraph (b), as added in Laws 1999, chapter 216, article 7, 
 89.6   section 26, this three-eighths share must be transmitted to the 
 89.7   state treasurer for deposit in the state treasury and credited 
 89.8   to the general fund.  The other five-eighths of these receipts 
 89.9   shall be transmitted by that officer to the state treasurer and 
 89.10  shall be credited as follows: 
 89.11     (1) In the fiscal year ending June 30, 1991, the first 
 89.12  $275,000 in money received by the state treasurer after June 4, 
 89.13  1991, must be credited to the transportation services fund, and 
 89.14  the remainder in the fiscal year credited to the trunk highway 
 89.15  fund. 
 89.16     (2) In fiscal year 1992, the first $215,000 in money 
 89.17  received by the state treasurer in the fiscal year must be 
 89.18  credited to the transportation services fund, and the remainder 
 89.19  credited to the trunk highway fund. 
 89.20     (3) In fiscal year 1993 and subsequent years, the entire 
 89.21  amount received by the state treasurer must be credited 9/16 to 
 89.22  the trunk highway fund and 1/16 to the trooper training account 
 89.23  created in subdivision 6a.  If, however, the violation occurs 
 89.24  within a municipality and the city attorney prosecutes the 
 89.25  offense, and a plea of not guilty is entered, one-third of the 
 89.26  receipts shall be credited to the general revenue fund of the 
 89.27  county, one-third of the receipts shall be paid to the 
 89.28  municipality prosecuting the offense, and one-third shall be 
 89.29  transmitted to the state treasurer as provided in this 
 89.30  subdivision and credited to the trunk highway fund.  All costs 
 89.31  of participation in a nationwide police communication system 
 89.32  chargeable to the state of Minnesota shall be paid from 
 89.33  appropriations for that purpose. 
 89.34     (b) Notwithstanding any other provisions of law, all fines 
 89.35  and forfeited bail money from violations of statutes governing 
 89.36  the maximum weight of motor vehicles, collected from persons 
 90.1   apprehended or arrested by employees of the state of Minnesota, 
 90.2   by means of stationary or portable scales operated by these 
 90.3   employees, shall be paid by the person or officer collecting the 
 90.4   fines or forfeited bail money, on or before the tenth day after 
 90.5   the last day of the month in which the collections were made, to 
 90.6   the county treasurer of the county where the violation 
 90.7   occurred.  Five-eighths of these receipts shall be transmitted 
 90.8   by that officer to the state treasurer and shall be credited to 
 90.9   the highway user tax distribution fund.  Three-eighths of these 
 90.10  receipts shall be credited to the general revenue fund of the 
 90.11  county, except that in a county in a judicial district under 
 90.12  section 480.181, subdivision 1, paragraph (b), as added in Laws 
 90.13  1999, chapter 216, article 7, section 26, this three-eighths 
 90.14  share must be transmitted to the state treasurer for deposit in 
 90.15  the state treasury and credited to the general fund. 
 90.16     Sec. 48.  Minnesota Statutes 2000, section 299D.03, 
 90.17  subdivision 6, is amended to read: 
 90.18     Subd. 6.  [TRAINING PROGRAM.] The commissioner of public 
 90.19  safety may provide training programs for the purpose of 
 90.20  obtaining qualified personnel for the state patrol.  Persons 
 90.21  accepted by the commissioner of public safety for training under 
 90.22  this training program shall be designated state patrol trainees 
 90.23  and shall receive a salary not to exceed 70 percent of the basic 
 90.24  salary for patrol officers as prescribed in subdivision 2, 
 90.25  during the period of the training.  Nothing contained in this 
 90.26  subdivision shall be construed to prevent the commissioner of 
 90.27  public safety from providing in-service training programs for 
 90.28  state patrol officers.  The commissioner of transportation shall 
 90.29  furnish the commissioner of public safety with lands and 
 90.30  buildings necessary in providing in-service training programs 
 90.31  and the department of public safety shall reimburse the 
 90.32  department of transportation for all reasonable costs incurred 
 90.33  due to the provision of these training facilities.  All costs 
 90.34  related to in-service training programs for existing state 
 90.35  patrol troopers shall first be paid by the commissioner from 
 90.36  money in the trooper training account created in subdivision 6a 
 91.1   to the extent that funds are available in the account. 
 91.2      Sec. 49.  Minnesota Statutes 2000, section 299D.03, is 
 91.3   amended by adding a subdivision to read: 
 91.4      Subd. 6a.  [TROOPER TRAINING ACCOUNT.] A trooper training 
 91.5   account is created in the special revenue fund.  The account 
 91.6   receives fines credited under subdivision 5 and other money as 
 91.7   specified by law.  All funds in the account are annually 
 91.8   appropriated to the commissioner of public safety to be used for 
 91.9   in-service training programs for existing state patrol 
 91.10  troopers.  The commissioner, as part of the department's 
 91.11  biennial budget, shall provide information on revenues deposited 
 91.12  in the account, past and proposed uses of the account, and the 
 91.13  available account balance. 
 91.14     Sec. 50.  Minnesota Statutes 2000, section 299M.10, is 
 91.15  amended to read: 
 91.16     299M.10 [MONEY CREDITED TO GENERAL SPECIAL REVENUE FUND; 
 91.17  APPROPRIATION.] 
 91.18     (a) The fees and penalties collected under this chapter, 
 91.19  except as provided in section 299M.07, must be deposited in the 
 91.20  state treasury and credited to the general a state fire marshal 
 91.21  account in the special revenue fund. 
 91.22     (b) Money received by the state fire marshal division in 
 91.23  the form of gifts, grants, reimbursements, or appropriation from 
 91.24  any source for the administration of this chapter must also be 
 91.25  deposited in the state treasury and credited to the general a 
 91.26  state fire marshal account in the special revenue fund. 
 91.27     (c) All money in the state fire marshal account is annually 
 91.28  appropriated to the commissioner for purposes of administering 
 91.29  this chapter. 
 91.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 91.31     Sec. 51.  Minnesota Statutes 2000, section 299M.11, 
 91.32  subdivision 5, is amended to read: 
 91.33     Subd. 5.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
 91.34  under this section must be deposited in the state treasury and 
 91.35  credited to the general a state fire marshal account in the 
 91.36  special revenue fund.  All money in the state fire marshal 
 92.1   account is annually appropriated to the commissioner for 
 92.2   purposes of administering this chapter. 
 92.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 92.4      Sec. 52.  Minnesota Statutes 2000, section 446A.085, is 
 92.5   amended to read: 
 92.6      446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 
 92.7      Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
 92.8   section, the terms defined in this subdivision have the meanings 
 92.9   given them. 
 92.10     (a)  [ACT.] (b) "Act" means the National Highway System 
 92.11  Designation Act of 1995, Public Law Number 104-59, as amended. 
 92.12     (b)  [BORROWER.] (c) "Borrower" means the state, counties, 
 92.13  cities, and other governmental entities eligible under the act 
 92.14  and state law to apply for and receive loans from the 
 92.15  transportation revolving loan fund, the trunk highway revolving 
 92.16  loan account, the county state-aid highway revolving loan 
 92.17  account, and the municipal state-aid street revolving loan 
 92.18  account. 
 92.19     (c)  [DEPARTMENT.] "Department" means the department of 
 92.20  transportation. 
 92.21     (d)  [LOAN.] "Loan" means financial assistance provided for 
 92.22  all or part of the cost of a project including money disbursed 
 92.23  in anticipation of reimbursement or repayment, loan guarantees, 
 92.24  lines of credit, credit enhancements, equipment financing 
 92.25  leases, bond insurance, or other forms of financial assistance. 
 92.26     (e)  [TRANSPORTATION COMMITTEE.] "Transportation committee" 
 92.27  means a committee of the Minnesota public facilities authority, 
 92.28  acting on behalf of the Minnesota public facilities authority, 
 92.29  consisting of the commissioner of the department of trade and 
 92.30  economic development, the commissioner of finance, and the 
 92.31  commissioner of transportation. 
 92.32     Subd. 2.  [PURPOSE.] The purpose of the transportation 
 92.33  revolving loan fund, the trunk highway revolving loan account, 
 92.34  the county state-aid highway revolving loan account, and the 
 92.35  municipal state-aid street revolving loan account is to provide 
 92.36  loans and matching money for public transportation projects 
 93.1   eligible for financing or aid under any federal act or program 
 93.2   or state law, including, without limitation, the study of the 
 93.3   feasibility of construction, reconstruction, resurfacing, 
 93.4   restoring, rehabilitation, or replacement of transportation 
 93.5   facilities; acquisition of right-of-way; and maintenance, 
 93.6   repair, improvement, or construction of city, town, county, or 
 93.7   state highways, roads, streets, rights-of-way, bridges, tunnels, 
 93.8   railroad-highway crossings, drainage structures, signs, 
 93.9   maintenance and operation facilities, guardrails, and protective 
 93.10  structures used in connection with highways or transit projects. 
 93.11  Enhancement items, including without limitation bicycle paths, 
 93.12  ornamental lighting, and landscaping, are eligible for financing 
 93.13  provided they are an integral part of overall project design and 
 93.14  construction of a federal-aid highway.  Money in the fund may 
 93.15  not be used for any toll facilities project or 
 93.16  congestion-pricing project. 
 93.17     Subd. 3.  [ESTABLISHMENT OF FUND.] A transportation 
 93.18  revolving loan fund is established to make loans for the 
 93.19  purposes described in subdivision 2.  A highway account is 
 93.20  established in the fund for highway projects eligible under 
 93.21  United States Code, title 23.  A transit account is established 
 93.22  in the fund for transit capital projects eligible under United 
 93.23  States Code, title 49.  A state funds general loan account is 
 93.24  established in the fund for transportation projects eligible 
 93.25  under state law.  Other accounts may be established in the fund 
 93.26  as necessary for its management and administration.  The 
 93.27  transportation revolving loan fund shall receive receives 
 93.28  federal money under the act and money from any source.  Money 
 93.29  received under this section must be paid to the state treasurer 
 93.30  and credited to the transportation revolving loan fund.  Money 
 93.31  in the fund is annually appropriated to the commissioner 
 93.32  authority and does not lapse.  The fund must be credited with 
 93.33  investment income, and with repayments of principal and 
 93.34  interest, except for servicing fees assessed under sections 
 93.35  446A.04, subdivision 5, and 446A.11, subdivision 8. 
 93.36     Subd. 4.  [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 
 94.1   shall manage and administer the transportation revolving loan 
 94.2   fund, the trunk highway revolving loan account, the county 
 94.3   state-aid highway revolving loan account, and the municipal 
 94.4   state-aid street revolving loan account and individual accounts 
 94.5   in the fund.  For those purposes, the authority may exercise all 
 94.6   powers provided in this chapter. 
 94.7      Subd. 5.  [TRANSFER OF MONEY.] With the consent of the 
 94.8   transportation committee, the commissioner of transportation may 
 94.9   transfer money from the trunk highway revolving loan account to 
 94.10  the trunk highway fund, from the county state-aid highway 
 94.11  revolving loan account to the county state-aid highway fund, and 
 94.12  from the municipal state-aid street revolving loan account to 
 94.13  the municipal state-aid street fund. 
 94.14     Subd. 6.  [TRANSPORTATION COMMITTEE.] The transportation 
 94.15  committee may authorize the making of loans to borrowers by the 
 94.16  authority for transportation purposes authorized by the act or 
 94.17  this section, without further action by the authority.  The 
 94.18  authority may not make loans for transportation purposes without 
 94.19  the approval of the transportation committee.  Each project must 
 94.20  be certified by the commissioner of transportation before its 
 94.21  consideration by the transportation committee. 
 94.22     Subd. 7.  [APPLICATIONS.] Applicants for loans must submit 
 94.23  an application to the transportation committee on forms 
 94.24  prescribed by the transportation committee.  The applicant must 
 94.25  provide the following information: 
 94.26     (1) the estimated cost of the project and the amount of the 
 94.27  loan sought; 
 94.28     (2) other possible sources of funding in addition to loans 
 94.29  sought from the transportation revolving loan fund, the trunk 
 94.30  highway revolving loan account, the county state-aid highway 
 94.31  revolving loan account, or the municipal state-aid street 
 94.32  revolving loan account; 
 94.33     (3) the proposed methods and sources of funds to be used 
 94.34  for repayment of loans received; and 
 94.35     (4) information showing the financial status and ability of 
 94.36  the borrower to repay loans. 
 95.1      Subd. 8.  [CERTIFICATION OF PROJECTS.] The commissioner of 
 95.2   transportation shall consider the following information when 
 95.3   evaluating projects to certify for funding to the transportation 
 95.4   committee: 
 95.5      (1) a description of the nature and purpose of the proposed 
 95.6   transportation project including an explanation of the need for 
 95.7   the project and the reasons why it is in the public interest; 
 95.8      (2) the relationship of the project to the area 
 95.9   transportation improvement program, the approved statewide 
 95.10  transportation improvement program, and to any other 
 95.11  transportation plans required under state or federal law; 
 95.12     (3) the estimated cost of the project and the amount of 
 95.13  loans sought; 
 95.14     (4) proposed sources of funding in addition to loans sought 
 95.15  from the transportation revolving loan fund, the trunk highway 
 95.16  revolving loan account, the county state-aid highway revolving 
 95.17  loan account, or municipal state-aid street revolving loan 
 95.18  account; 
 95.19     (5) the need for the project as part of the overall 
 95.20  transportation system; 
 95.21     (6) the overall economic impact of the project; and 
 95.22     (7) the extent to which completion of the project will 
 95.23  improve the movement of people and freight. 
 95.24     Subd. 9.  [LOAN CONDITIONS.] When making loans from the 
 95.25  transportation revolving loan fund, the trunk highway revolving 
 95.26  loan account, the county state-aid highway revolving loan 
 95.27  account, or the municipal state-aid street revolving loan 
 95.28  account, the transportation committee shall comply with the 
 95.29  conditions applicable provisions of the act and state law.  In 
 95.30  addition, a loan made under this section must: 
 95.31     (1) bear interest at or below market rates or as otherwise 
 95.32  specified in federal law; 
 95.33     (2) have a repayment term not longer than 30 years; 
 95.34     (3) be fully amortized no later than 30 years after project 
 95.35  completion; 
 95.36     (4) be subject to repayment of principal and interest 
 96.1   beginning not later than five years after the facility financed 
 96.2   with a loan has been completed, or in the case of a highway 
 96.3   project, five years after the facility has opened to traffic; 
 96.4   and 
 96.5      (5) be made disbursed for specific project elements only 
 96.6   after all federal applicable environmental requirements 
 96.7   applicable to the project have been complied with and all 
 96.8   federal environmental requirements have been met. 
 96.9      Subd. 10.  [LOANS IN ANTICIPATION OF FUTURE 
 96.10  APPORTIONMENTS.] A loan may be made to a county, or to a 
 96.11  statutory or home rule charter city having a population of 5,000 
 96.12  or more, in anticipation of repayment of the loan from sums that 
 96.13  will be apportioned to a county from the county state-aid 
 96.14  highway fund under section 162.07 or to a city from the 
 96.15  municipal state-aid street fund under section 162.14. 
 96.16     Subd. 11.  [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 
 96.17  allocation provisions of section 162.08 for counties, and the 
 96.18  apportionment provisions of section 162.14 for cities, sums 
 96.19  apportioned under section 162.13 to a statutory or home rule 
 96.20  charter city, or under section 162.07 to a county, that has loan 
 96.21  repayments due to the transportation revolving loan fund, the 
 96.22  trunk highway revolving loan account, the county state-aid 
 96.23  highway revolving loan account, or the municipal state-aid 
 96.24  street revolving loan account shall be paid by the commissioner 
 96.25  of transportation to the appropriate loan fund or account to 
 96.26  offset the loan repayments that are due. 
 96.27     Subd. 12.  [RULES OF TRANSPORTATION COMMITTEE AND 
 96.28  AUTHORITY.] The commissioner of the department of trade and 
 96.29  economic development shall adopt administrative rules specifying 
 96.30  the procedures that will be used for the administration of the 
 96.31  duties of the transportation committee and authority.  The rules 
 96.32  must include criteria, standards, and procedures that will be 
 96.33  used for making loans, determining interest rates to be charged 
 96.34  on loans, the amount of project financing to be provided, the 
 96.35  collateral that will be required, the requirements for dedicated 
 96.36  sources of revenue or income streams to ensure repayment of 
 97.1   loans, and the length of repayment terms.  
 97.2      Subd. 13.  [AUTHORITY AND RULES OF DEPARTMENT.] The 
 97.3   commissioner of transportation shall establish, adopt rules for, 
 97.4   and implement a program to identify, assist with the development 
 97.5   of, and certify projects eligible for loans under the act to the 
 97.6   transportation committee.  Until rules are adopted by the 
 97.7   commissioner of transportation, the commissioner of 
 97.8   transportation may certify to the transportation committee any 
 97.9   project that has been reviewed through an approved planning 
 97.10  process that qualifies the project to be included in the 
 97.11  statewide transportation program or amended into the statewide 
 97.12  transportation improvement program. 
 97.13     Subd. 14.  [JOINT RULES.] The commissioner of the 
 97.14  department of trade and economic development and the 
 97.15  commissioner of transportation may adopt a single set of rules. 
 97.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 97.17  following final enactment. 
 97.18     Sec. 53.  Minnesota Statutes 2000, section 473.859, 
 97.19  subdivision 2, is amended to read: 
 97.20     Subd. 2.  [LAND USE PLAN.] A land use plan shall include 
 97.21  the water management plan required by section 103B.235, and 
 97.22  shall designate the existing and proposed location, intensity 
 97.23  and extent of use of land and water, including lakes, wetlands, 
 97.24  rivers, streams, natural drainage courses, and adjoining land 
 97.25  areas that affect water natural resources, for agricultural, 
 97.26  residential, commercial, industrial and other public and private 
 97.27  purposes, or any combination of such purposes.  A land use plan 
 97.28  shall contain a protection element, as appropriate, for historic 
 97.29  sites, the matters listed in the water management plan required 
 97.30  by section 103B.235, and an element for protection and 
 97.31  development of access to direct sunlight for solar energy 
 97.32  systems.  A land use plan shall also include a housing element 
 97.33  containing standards, plans and programs for providing adequate 
 97.34  housing opportunities to meet existing and projected local and 
 97.35  regional housing needs, including but not limited to the use of 
 97.36  official controls and land use planning to promote the 
 98.1   availability of land for the development of low and moderate 
 98.2   income housing.  A land use plan shall also include 
 98.3   consideration of the protection and development of aggregate 
 98.4   resources. 
 98.5      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2001, 
 98.6   and applies in the counties of Anoka, Carver, Dakota, Hennepin, 
 98.7   Ramsey, Scott, and Washington. 
 98.8      Sec. 54.  [473.920] [METROPOLITAN TRANSPORTATION 
 98.9   IMPROVEMENT BOARD.] 
 98.10     Subdivision 1.  [GENERAL.] The metropolitan transportation 
 98.11  improvement board is established and shall be organized, 
 98.12  structured, and administered as provided in this section. 
 98.13     Subd. 2.  [MEMBERSHIP; QUALIFICATIONS.] The board shall 
 98.14  consist of seven members appointed one each by the county boards 
 98.15  of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
 98.16  Scott, and Washington. 
 98.17     Subd. 3.  [CHAIR.] The chair shall annually be elected by 
 98.18  and from among the seven board members.  The chair shall preside 
 98.19  at all meetings of the board, if present, and shall perform all 
 98.20  other duties and functions assigned by the board or by law.  The 
 98.21  board may appoint from among its members a vice-chair to act for 
 98.22  the chair during temporary absence or disability. 
 98.23     Subd. 4.  [TERMS.] The term of each member shall be two 
 98.24  years.  The terms shall continue until a successor is appointed 
 98.25  and qualified. 
 98.26     Subd. 5.  [VACANCIES.] A vacancy shall be filled by the 
 98.27  appointing authority in the same manner in which the original 
 98.28  appointment was made. 
 98.29     Subd. 6.  [COMPENSATION.] Members serve without 
 98.30  compensation but shall be reimbursed for all actual and 
 98.31  necessary expenses incurred in the performance of duties.  The 
 98.32  annual budget of the board shall provide a separate account for 
 98.33  anticipated expenditures and associated expenses for the chair 
 98.34  and members.  Reimbursement shall be made only when budgeted. 
 98.35     Subd. 7.  [MEETINGS.] The board shall meet at least once 
 98.36  per year at such time and place as the board shall by resolution 
 99.1   designate.  Special meetings may be held at any time upon the 
 99.2   call of the chair or a majority of the members upon written 
 99.3   notice to each member at least three days before the meeting or 
 99.4   upon other notice the board may by resolution provide.  Unless 
 99.5   otherwise provided, any action within the authority of the board 
 99.6   may be taken by affirmative vote of a majority of the members.  
 99.7   A majority of all of the members of the board shall constitute a 
 99.8   quorum. 
 99.9      <b>[EFFECTIVE DATE.]</b> This section does not take effect if the 
 99.10  question in the special election in section 57 does not receive 
 99.11  an affirmative vote.  If the question does receive an 
 99.12  affirmative vote, this section is repealed when all projects 
 99.13  referenced in section 473.922, subdivision 6, clause (2), are 
 99.14  completed. 
 99.15     Sec. 55.  [473.922] [POWERS OF THE METROPOLITAN 
 99.16  TRANSPORTATION IMPROVEMENT BOARD.] 
 99.17     Subdivision 1.  [METROPOLITAN TRANSPORTATION AREA.] 
 99.18  "Metropolitan transportation area" means the counties of:  
 99.19  Anoka; Carver; Dakota, excluding the city of Northfield; 
 99.20  Hennepin, excluding the city of Hanover; Ramsey; Scott, 
 99.21  excluding the city of New Prague; and Washington. 
 99.22     Subd. 2.  [GENERAL.] The board shall have all powers 
 99.23  necessary to discharge the duties imposed by law, including, but 
 99.24  not limited to, those specified in this section. 
 99.25     Subd. 3.  [ACTIONS.] The board may sue and be sued and 
 99.26  shall be a public body within the meaning of chapter 562. 
 99.27     Subd. 4.  [SALES AND USE TAX AUTHORIZED.] Notwithstanding 
 99.28  section 477A.016 or any other provision of law, ordinance, or 
 99.29  city charter, if approved by a majority of the voters in the 
 99.30  metropolitan transportation area at an election described in 
 99.31  section 57, the board may impose by resolution a sales and use 
 99.32  tax of up to one-half of one percent on sales in the 
 99.33  metropolitan transportation area for the purposes specified in 
 99.34  subdivision 6.  Except as otherwise provided in this section, 
 99.35  the provisions of section 297A.99 govern the imposition, 
 99.36  administration, collection, and enforcement of the tax 
100.1   authorized under this subdivision. 
100.2      Subd. 5.  [EXCISE TAX AUTHORIZED.] Notwithstanding section 
100.3   477A.016 or any other provision of law, ordinance, or city 
100.4   charter, if approved by a majority of the voters in the 
100.5   metropolitan transportation area at an election described in 
100.6   section 57, the board may impose by resolution, for the purposes 
100.7   specified in subdivision 6, an excise tax of up to $20 per motor 
100.8   vehicle, as defined by resolution, purchased or acquired from 
100.9   any person engaged within the metropolitan transportation area 
100.10  in the business of selling motor vehicles at retail. 
100.11     Subd. 6.  [USE OF REVENUES.] Revenues received from taxes 
100.12  authorized by subdivisions 4 and 5 must be used by the 
100.13  metropolitan transportation improvement board to pay the cost of 
100.14  collecting the taxes, expenses of the board, cost of the audit 
100.15  under subdivision 8, and for transfer as follows: 
100.16     (1) at least $30,000,000 each year to the metropolitan 
100.17  council, upon its request, to pay for acquisition of buses, 
100.18  highway shoulder improvements for buses, and other capital 
100.19  expenses related to the metropolitan area bus system; and 
100.20     (2) the remaining amount to the trunk highway fund for 
100.21  expenditure by the commissioner of transportation, at the times 
100.22  and in the amounts requested by the commissioner, to pay to 
100.23  complete those metropolitan highway system improvement, 
100.24  replacement, and bottleneck removal projects and those 
100.25  metropolitan system highway expansion projects identified in the 
100.26  transportation policy plan, tables 8 and 10, adopted January 24, 
100.27  2001, by the metropolitan council.  The commissioner must 
100.28  complete letting all the projects referenced in this clause no 
100.29  later than June 30, 2011. 
100.30     Subd. 7.  [TERMINATION OF TAXES.] Notwithstanding section 
100.31  297A.99, the taxes imposed under subdivisions 4 and 5 expire 
100.32  when the commissioner of transportation has completed 
100.33  construction of all projects referenced in subdivision 6, clause 
100.34  (2). 
100.35     Subd. 8.  [AUDIT.] The legislative auditor shall make an 
100.36  independent audit of the board's books and accounts once each 
101.1   year or as often as the legislative auditor's funds and 
101.2   personnel permit.  The costs of the audits shall be paid by the 
101.3   board under section 3.9741. 
101.4      <b>[EFFECTIVE DATE.]</b> This section is effective upon an 
101.5   affirmative vote by a majority of the electors in the special 
101.6   election held under section 57, except that subdivisions 5 and 
101.7   6, following an affirmative vote, are effective as to sales made 
101.8   on and after July 1, 2002.  This section is repealed when all 
101.9   projects referenced in subdivision 6, clause (2), are completed. 
101.10     Sec. 56.  Laws 1999, chapter 238, article 1, section 2, 
101.11  subdivision 7, is amended to read: 
101.12  Subd. 7.  State Roads                912,625,000    923,769,000
101.13                Summary by Fund
101.14  General                 59,000          9,000
101.15  Trunk Highway      912,566,000    923,760,000
101.16  The amounts that may be spent from this 
101.17  appropriation for each activity are as 
101.18  follows:  
101.19  (a) State Road Construction 
101.20     516,684,000    521,707,000
101.21  It is estimated that these 
101.22  appropriations will be funded as 
101.23  follows:  
101.24  Federal Highway Aid 
101.25     275,000,000    275,000,000
101.26  Highway User Taxes 
101.27     241,684,000    246,707,000
101.28  The commissioner of transportation 
101.29  shall notify the chair of the 
101.30  transportation budget division of the 
101.31  senate and chair of the transportation 
101.32  finance committee of the house of 
101.33  representatives quarterly of any events 
101.34  that should cause these estimates to 
101.35  change. 
101.36  This appropriation is for the actual 
101.37  construction, reconstruction, and 
101.38  improvement of trunk highways.  This 
101.39  includes the cost of actual payment to 
101.40  landowners for lands acquired for 
101.41  highway rights-of-way, payment to 
101.42  lessees, interest subsidies, and 
101.43  relocation expenses. 
101.44  The commissioner may transfer up to 
101.45  $15,000,000 each year to the trunk 
101.46  highway revolving loan account. 
102.1   The commissioner may receive money 
102.2   covering other shares of the cost of 
102.3   partnership projects.  These receipts 
102.4   are appropriated to the commissioner 
102.5   for these projects. 
102.6   (b) Highway Debt Service 
102.7       13,949,000     13,175,000
102.8   $3,949,000 the first year and 
102.9   $3,175,000 the second year are for 
102.10  transfer to the state bond fund. 
102.11  If this appropriation is insufficient 
102.12  to make all transfers required in the 
102.13  year for which it is made, the 
102.14  commissioner of finance shall notify 
102.15  the committee on state government 
102.16  finance of the senate and the committee 
102.17  on ways and means of the house of 
102.18  representatives of the amount of the 
102.19  deficiency and shall then transfer that 
102.20  amount under the statutory open 
102.21  appropriation.  
102.22  Any excess appropriation must be 
102.23  canceled to the trunk highway fund. 
102.24  (c) Research and Investment Management 
102.25      12,450,000     12,597,000
102.26  $600,000 the first year and $600,000 
102.27  the second year are available for 
102.28  grants for transportation studies 
102.29  outside the metropolitan area to 
102.30  identify critical concerns, problems, 
102.31  and issues.  These grants are available 
102.32  to (1) regional development 
102.33  commissions, and (2) in regions where 
102.34  no regional development commission is 
102.35  functioning, joint powers boards 
102.36  established under agreement of two or 
102.37  more political subdivisions in the 
102.38  region to exercise the planning 
102.39  functions of a regional development 
102.40  commission, and (3) in regions where no 
102.41  regional development commission or 
102.42  joint powers board is functioning, the 
102.43  department's district office for that 
102.44  region. 
102.45  $216,000 the first year and $216,000 
102.46  the second year are available for 
102.47  grants to metropolitan planning 
102.48  organizations outside the seven-county 
102.49  metropolitan area. 
102.50  $75,000 the first year and $25,000 the 
102.51  second year are for transportation 
102.52  planning relating to the 2000 census.  
102.53  This appropriation may not be added to 
102.54  the agency's budget base. 
102.55  $75,000 the first year and $75,000 the 
102.56  second year are for a transportation 
102.57  research contingent account to finance 
102.58  research projects that are reimbursable 
102.59  from the federal government or from 
102.60  other sources.  If the appropriation 
103.1   for either year is insufficient, the 
103.2   appropriation for the other year is 
103.3   available for it. 
103.4   (d) Central Engineering Services
103.5       68,563,000     70,940,000
103.6   (e) Design and Construction Engineering
103.7       80,592,000     83,246,000
103.8   $1,000,000 the first year and $500,000 
103.9   the second year are for transportation 
103.10  planning relating to the 2000 census.  
103.11  This appropriation may not be added to 
103.12  the agency's budget base. 
103.13  (f) State Road Operations
103.14     214,703,000 216,561,000 
103.15  $1,000,000 each year are for 
103.16  enhancements to the freeway operations 
103.17  program in the metropolitan area. 
103.18  $1,000,000 the first year and 
103.19  $1,000,000 the second year are for 
103.20  maintenance services including rest 
103.21  area maintenance, vehicle insurance, 
103.22  ditch assessments, and tort claims. 
103.23  $3,000,000 the first year and 
103.24  $1,000,000 the second year are for 
103.25  improved highway striping. 
103.26  $500,000 the first year and $500,000 
103.27  the second year are for safety 
103.28  technology applications. 
103.29  $150,000 the first year and $150,000 
103.30  the second year are for statewide asset 
103.31  preservation and repair. 
103.32  $750,000 the first year and $750,000 
103.33  the second year are for the 
103.34  implementation of the transportation 
103.35  worker concept. 
103.36  The commissioner shall establish a task 
103.37  force to study seasonal road 
103.38  restrictions and report to the 
103.39  legislature its findings and any 
103.40  recommendations for legislative 
103.41  action.  The commissioner shall appoint 
103.42  members representing: 
103.43  (1) aggregate and ready-mix producers; 
103.44  (2) solid waste haulers; 
103.45  (3) liquid waste haulers; 
103.46  (4) the logging industry; 
103.47  (5) the construction industry; and 
103.48  (6) agricultural interests. 
103.49  The task force shall report to the 
103.50  legislature by February 1, 2000, on its 
104.1   findings and recommendations. 
104.2   (g) Electronic Communications
104.3        5,684,000      5,543,000
104.4                 Summary by Fund
104.5   General                  59,000         9,000
104.6   Trunk Highway         5,625,000     5,534,000
104.7   $9,000 the first year and $9,000 the 
104.8   second year are from the general fund 
104.9   for equipment and operation of the 
104.10  Roosevelt signal tower for Lake of the 
104.11  Woods weather broadcasting. 
104.12  $50,000 the first year from the general 
104.13  fund is for purchase of equipment for 
104.14  the 800 MHz public safety radio system. 
104.15  $200,000 the first year is from the 
104.16  trunk highway fund for costs resulting 
104.17  from the termination of agreements made 
104.18  under article 2, sections 31 and 89, 
104.19  and Minnesota Statutes, section 174.70, 
104.20  subdivision 2.  This appropriation does 
104.21  not cancel but is available until spent.
104.22  In each year of the biennium the 
104.23  commissioner shall request the 
104.24  commissioner of administration to 
104.25  request bids for the purchase of 
104.26  digital mobile and portable radios to 
104.27  be used on the metropolitan regional 
104.28  public safety radio communications 
104.29  system. 
104.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
104.31  following final enactment. 
104.32     Sec. 57.  [ELECTION.] 
104.33     The secretary of state, in cooperation with the county 
104.34  auditors of the metropolitan transportation area, shall conduct 
104.35  a special election in the metropolitan transportation area at 
104.36  the time of the general election the Tuesday after the first 
104.37  Monday in November 2001.  The following question shall appear on 
104.38  the ballot: 
104.39     "Shall an additional tax of one-half of one percent be 
104.40  temporarily imposed on sales in the metropolitan area and an 
104.41  excise tax of $20 on each motor vehicle retail sale by a dealer 
104.42  in the metropolitan area to pay for transportation improvements 
104.43  to relieve traffic congestion in the metropolitan area?" 
104.44     If a majority of the electors voting on the question answer 
104.45  the question in the affirmative, the metropolitan transportation 
105.1   improvement board is authorized to impose the taxes described in 
105.2   Minnesota Statutes, section 473.922, subdivisions 4 and 5. 
105.3      Sec. 58.  [REPORT.] 
105.4      In each year during the period of imposition of the taxes 
105.5   authorized in Minnesota Statutes, section 473.922, subdivisions 
105.6   4 and 5, the commissioner of transportation and the metropolitan 
105.7   council shall report by February 1 to the house and senate 
105.8   committees having jurisdiction over transportation policy and 
105.9   finance, concerning the revenues received from the metropolitan 
105.10  transportation improvement board and the expenditures of that 
105.11  money. 
105.12     Sec. 59.  [IMPORTANCE.] 
105.13     The Little Elk Heritage Preserve, a 92.25-acre 
105.14  archaeological park and nature preserve on the Mississippi river 
105.15  near Little Falls, contains a unique cluster of cultural and 
105.16  natural resources that together document diverse human 
105.17  activities and connections to natural environments in central 
105.18  Minnesota over thousands of years.  The resources at Little Elk 
105.19  Heritage Preserve include archaeological remains identified with 
105.20  ancient native America, the colonial fur trade, early Dakota and 
105.21  Ojibwe life, Black and women's history, Mississippi valley 
105.22  exploration, a mission farm and school, United States Indian 
105.23  treaties, territorial period homesteading and townsite 
105.24  development, the conflict of 1862, hunting, gathering, 
105.25  portaging, quarrying, logging, farming, dam-building, grist 
105.26  milling, saw milling, and wood products manufacturing.  Ongoing 
105.27  research programs explore and interpret these important 
105.28  resources. 
105.29     Sec. 60.  [OWNERSHIP.] 
105.30     The site described in section 59 is owned and administered 
105.31  by the Institute for Minnesota Archaeology.  The state register 
105.32  of historic places listing includes those portions of the 
105.33  preserve that contain significant archaeological or historic 
105.34  resources.  The Institute for Minnesota Archaeology is a private 
105.35  nonprofit organization dedicated to historical and 
105.36  archaeological research, education, and stewardship. 
106.1      Sec. 61.  [TEMPORARY SUSPENSION OF I-35W/TRUNK HIGHWAY NO. 
106.2   62 CLOSURE AND TRANSPORTATION CONSTRUCTION PROJECT.] 
106.3      Subdivision 1.  [SUSPENSION OF WORK.] The commissioner of 
106.4   transportation, for 12 months after enactment of this section, 
106.5   shall suspend work on the marked interstate highway I-35W/trunk 
106.6   highway marked No. 62 closure and improvement project, involving 
106.7   separation of the two roadways in the commons area, replacement 
106.8   of ramps, construction of a high-occupancy vehicle lane, and 
106.9   changes in access. 
106.10     Subd. 2.  [REPORT.] On or before February 15, 2002, the 
106.11  commissioner of transportation shall submit a report and 
106.12  recommendations to the house of representatives and senate 
106.13  committees with jurisdiction over transportation policy and 
106.14  finance.  The report and recommendations must include: 
106.15     (1) a plan, developed in consultation with the metropolitan 
106.16  council, to provide adequate public transit during the period of 
106.17  highway closure among and within the affected communities, and 
106.18  specific plans for detours; 
106.19     (2) alternative, feasible designs for the construction 
106.20  project described in subdivision 1 that will: 
106.21     (i) increase capacity; 
106.22     (ii) maintain the current right-of-way; 
106.23     (iii) not close the Lyndale access; and 
106.24     (iv) include a transit component, which may require buses, 
106.25  busways, rail, or high occupancy vehicle lanes; 
106.26     (3) a 20-year study/projection of traffic demand in the 
106.27  corridors affected by the construction project; and 
106.28     (4) methods for completing the project in the most timely 
106.29  manner and costs associated with accelerating completion of the 
106.30  project. 
106.31     Sec. 62.  [STUDY OF BRIDGE JURISDICTION.] 
106.32     (a) The commissioner of transportation shall study the 
106.33  advantages, disadvantages, concerns, desirability, and 
106.34  feasibility of assuming, sharing, or not assuming jurisdiction 
106.35  and responsibility for all or a portion of bridges comprising 
106.36  the major, navigable river crossings in Minnesota that are now, 
107.1   or are scheduled to be, under the jurisdiction of local road 
107.2   authorities.  The commissioner shall evaluate jurisdiction and 
107.3   responsibility for the bridges in terms of: 
107.4      (1) present and future needs for financing and conducting 
107.5   emergency or scheduled construction, replacement, 
107.6   reconstruction, rehabilitation, expansion, repair, maintenance, 
107.7   and inspection; and 
107.8      (2) expectations of complete, partial, or matching federal 
107.9   or state funding. 
107.10     (b) The commissioner shall make findings and 
107.11  recommendations and submit a written report to the chairs of the 
107.12  transportation policy and budget committees of the senate and 
107.13  house of representatives, as well as the required number of 
107.14  copies to the legislative reference library, by January 2, 2002. 
107.15     Sec. 63.  [SPEED REDUCTION AWARENESS.] 
107.16     The commissioner of public safety shall develop and 
107.17  implement a long-range plan to promote awareness among drivers 
107.18  of the need for reduced speed in proximity to stopped emergency 
107.19  vehicles. 
107.20     Sec. 64.  [STATE TROOPER TRAINING REPORT.] 
107.21     On or before February 15, 2002, the commissioner of public 
107.22  safety shall present to the committees having jurisdiction over 
107.23  transportation policy and finance in the house of 
107.24  representatives and the senate an evaluation of the efficiency 
107.25  and cost-effectiveness of the present recruit training program, 
107.26  and a comparison of the effectiveness and potential cost-savings 
107.27  of alternative training formats with the current academy format. 
107.28     Sec. 65.  [ADJUSTMENT TO CITY OF CHISHOLM POPULATION BY 
107.29  ERROR MARGIN TO KEEP AID.] 
107.30     If, by an upward adjustment of three percent in the 2000 
107.31  United States census of population of the city of Chisholm, the 
107.32  city's population continues eligibility for an aid, grant, loan, 
107.33  or other program of financial assistance of the state, the 
107.34  upward adjustment must be included in the city's population 
107.35  solely for purposes of the program's benefits until a later 
107.36  federal census, as similarly adjusted, no longer makes the city 
108.1   eligible for the program's benefits. 
108.2      Sec. 66.  [REPEALER.] 
108.3      Minnesota Statutes 2000, sections 174.22, subdivision 9; 
108.4   and 174.32, subdivisions 2 and 4, are repealed. 
108.5                              ARTICLE 5
108.6                     PUBLIC SERVICE CONSOLIDATION 
108.7      Section 1.  [CONSOLIDATION OF STATE REGULATION OF 
108.8   COMMERCE.] 
108.9      In order to make state government more efficient and 
108.10  effective and to accomplish more efficient and effective 
108.11  regulation of commerce in Minnesota, all of the powers, rights, 
108.12  responsibilities, and duties that remain in the department of 
108.13  public service after reorganization order No. 181 are 
108.14  transferred to the department of commerce under Minnesota 
108.15  Statutes, section 15.039.  This transfer is governed in all 
108.16  respects by Minnesota Statutes, section 15.039.  The department 
108.17  of public service is abolished. 
108.18     Sec. 2.  Minnesota Statutes 2000, section 3C.12, 
108.19  subdivision 2, is amended to read: 
108.20     Subd. 2.  [FREE DISTRIBUTION.] The revisor shall distribute 
108.21  without charge copies of each edition of Minnesota Statutes, 
108.22  supplements to Minnesota Statutes, and Laws of Minnesota to the 
108.23  persons or bodies listed in this subdivision.  Before 
108.24  distributing the copies, the revisor shall inform these persons 
108.25  or bodies of the cost of the publication and the availability of 
108.26  statutes and session laws on the Internet, and shall ask whether 
108.27  their work requires the full number of copies authorized by this 
108.28  subdivision.  Unless a smaller number is needed, the revisor 
108.29  shall distribute:  
108.30     (a) 30 copies to the supreme court; 
108.31     (b) 30 copies to the court of appeals; 
108.32     (c) one copy to each judge of a district court; 
108.33     (d) one copy to the court administrator of each district 
108.34  court for use in each courtroom of the district court; 
108.35     (e) one copy to each judge, district attorney, clerk of 
108.36  court of the United States, and deputy clerk of each division of 
109.1   the United States district court in Minnesota; 
109.2      (f) 100 copies to the office of the attorney general; 
109.3      (g) ten copies each to the governor's office, the 
109.4   departments of agriculture, commerce, corrections, children, 
109.5   families, and learning, finance, health, transportation, labor 
109.6   and industry, economic security, natural resources, public 
109.7   safety, public service, human services, revenue, and the 
109.8   pollution control agency; 
109.9      (h) two copies each to the lieutenant governor and the 
109.10  state treasurer; 
109.11     (i) 20 copies each to the department departments of 
109.12  administration and commerce, state auditor, and legislative 
109.13  auditor; 
109.14     (j) one copy each to other state departments, agencies, 
109.15  boards, and commissions not specifically named in this 
109.16  subdivision; 
109.17     (k) one copy to each member of the legislature; 
109.18     (l) 150 copies for the use of the senate and 200 copies for 
109.19  the use of the house of representatives; 
109.20     (m) 50 copies to the revisor of statutes from which the 
109.21  revisor shall send the appropriate number to the Library of 
109.22  Congress for copyright and depository purposes; 
109.23     (n) four copies to the secretary of the senate; 
109.24     (o) four copies to the chief clerk of the house of 
109.25  representatives; 
109.26     (p) 100 copies to the state law library; 
109.27     (q) 100 copies to the law school of the University of 
109.28  Minnesota; 
109.29     (r) five copies each to the Minnesota historical society 
109.30  and the secretary of state; 
109.31     (s) one copy each to the public library of the largest 
109.32  municipality of each county if the library is not otherwise 
109.33  eligible to receive a free copy under this section or section 
109.34  15.18; and 
109.35     (t) one copy to each county library maintained pursuant to 
109.36  chapter 134, except in counties containing cities of the first 
110.1   class.  If a county has not established a county library 
110.2   pursuant to chapter 134, the copy shall be provided to any 
110.3   public library in the county. 
110.4      Sec. 3.  Minnesota Statutes 2000, section 13.679, is 
110.5   amended to read: 
110.6      13.679 [DEPARTMENT OF PUBLIC SERVICE DATA.] 
110.7      Subdivision 1.  [TENANT.] Data collected by the department 
110.8   of public service commissioner of commerce that reveals the 
110.9   identity of a tenant who makes a complaint regarding energy 
110.10  efficiency standards for rental housing are private data on 
110.11  individuals.  
110.12     Subd. 2.  [UTILITY OR TELEPHONE COMPANY EMPLOYEE OR 
110.13  CUSTOMER.] (a) The following are private data on individuals:  
110.14  data collected by the department of public service commissioner 
110.15  of commerce or the public utilities commission, including the 
110.16  names or any other data that would reveal the identity of either 
110.17  an employee or customer of a telephone company or public utility 
110.18  who files a complaint or provides information regarding a 
110.19  violation or suspected violation by the telephone company or 
110.20  public utility of any federal or state law or rule; except this 
110.21  data may be released as needed to law enforcement authorities. 
110.22     (b) The following are private data on individuals:  data 
110.23  collected by the commission or the department of public service 
110.24  commissioner of commerce on individual public utility or 
110.25  telephone company customers or prospective customers, including 
110.26  copies of tax forms, needed to administer federal or state 
110.27  programs that provide relief from telephone company bills, 
110.28  public utility bills, or cold weather disconnection.  The 
110.29  determination of eligibility of the customers or prospective 
110.30  customers may be released to public utilities or telephone 
110.31  companies to administer the programs.  
110.32     Sec. 4.  Minnesota Statutes 2000, section 15.01, is amended 
110.33  to read: 
110.34     15.01 [DEPARTMENTS OF THE STATE.] 
110.35     The following agencies are designated as the departments of 
110.36  the state government:  the department of administration; the 
111.1   department of agriculture; the department of commerce; the 
111.2   department of corrections; the department of children, families, 
111.3   and learning; the department of economic security; the 
111.4   department of trade and economic development; the department of 
111.5   finance; the department of health; the department of human 
111.6   rights; the department of labor and industry; the department of 
111.7   military affairs; the department of natural resources; the 
111.8   department of employee relations; the department of public 
111.9   safety; the department of public service; the department of 
111.10  human services; the department of revenue; the department of 
111.11  transportation; the department of veterans affairs; and their 
111.12  successor departments. 
111.13     Sec. 5.  Minnesota Statutes 2000, section 15.06, 
111.14  subdivision 1, is amended to read: 
111.15     Subdivision 1.  [APPLICABILITY.] This section applies to 
111.16  the following departments or agencies:  the departments of 
111.17  administration, agriculture, commerce, corrections, economic 
111.18  security, children, families, and learning, employee relations, 
111.19  trade and economic development, finance, health, human rights, 
111.20  labor and industry, natural resources, public safety, public 
111.21  service, human services, revenue, transportation, and veterans 
111.22  affairs; the housing finance and pollution control agencies; the 
111.23  office of commissioner of iron range resources and 
111.24  rehabilitation; the bureau of mediation services; and their 
111.25  successor departments and agencies.  The heads of the foregoing 
111.26  departments or agencies are "commissioners." 
111.27     Sec. 6.  Minnesota Statutes 2000, section 15A.0815, 
111.28  subdivision 2, is amended to read: 
111.29     Subd. 2.  [GROUP I SALARY LIMITS.] The salaries for 
111.30  positions in this subdivision may not exceed 95 percent of the 
111.31  salary of the governor:  
111.32     Commissioner of administration; 
111.33     Commissioner of agriculture; 
111.34     Commissioner of children, families, and learning; 
111.35     Commissioner of commerce; 
111.36     Commissioner of corrections; 
112.1      Commissioner of economic security; 
112.2      Commissioner of employee relations; 
112.3      Commissioner of finance; 
112.4      Commissioner of health; 
112.5      Executive director, higher education services office; 
112.6      Commissioner, housing finance agency; 
112.7      Commissioner of human rights; 
112.8      Commissioner of human services; 
112.9      Executive director, state board of investment; 
112.10     Commissioner of labor and industry; 
112.11     Commissioner of natural resources; 
112.12     Director of office of strategic and long-range planning; 
112.13     Commissioner, pollution control agency; 
112.14     Commissioner of public safety; 
112.15     Commissioner, department of public service; 
112.16     Commissioner of revenue; 
112.17     Commissioner of trade and economic development; 
112.18     Commissioner of transportation; and 
112.19     Commissioner of veterans affairs. 
112.20     Sec. 7.  Minnesota Statutes 2000, section 16B.32, 
112.21  subdivision 2, is amended to read: 
112.22     Subd. 2.  [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.] 
112.23  (a) The commissioner of administration in consultation with 
112.24  the department of public service commissioner of commerce, in 
112.25  cooperation with one or more public utilities or comprehensive 
112.26  energy services providers, may conduct a shared-savings program 
112.27  involving energy conservation expenditures on state-owned 
112.28  buildings.  The public utility or energy services provider shall 
112.29  contract with appropriate state agencies to implement energy 
112.30  efficiency improvements in the selected buildings.  A contract 
112.31  must require the public utility or energy services provider to 
112.32  include all energy efficiency improvements in selected buildings 
112.33  that are calculated to achieve a cost payback within ten years.  
112.34  The contract must require that the public utility or energy 
112.35  services provider be repaid solely from energy cost savings and 
112.36  only to the extent of energy cost savings.  Repayments must be 
113.1   interest-free.  The goal of the program in this paragraph is to 
113.2   demonstrate that through effective energy conservation the total 
113.3   energy consumption per square foot of state-owned and wholly 
113.4   state-leased buildings could be reduced by at least 25 percent 
113.5   from consumption in the base year of 1990.  All agencies 
113.6   participating in the program must report to the commissioner of 
113.7   administration their monthly energy usage, building schedules, 
113.8   inventory of energy-consuming equipment, and other information 
113.9   as needed by the commissioner to manage and evaluate the program.
113.10     (b) The commissioner may exclude from the program of 
113.11  paragraph (a) a building in which energy conservation measures 
113.12  are carried out.  "Energy conservation measures" means measures 
113.13  that are applied to a state building that improve energy 
113.14  efficiency and have a simple return of investment in ten years 
113.15  or within the remaining period of a lease, whichever time is 
113.16  shorter, and involves energy conservation, conservation 
113.17  facilities, renewable energy sources, improvements in operations 
113.18  and maintenance efficiencies, or retrofit activities. 
113.19     (c) This subdivision expires January 1, 2001. 
113.20     Sec. 8.  Minnesota Statutes 2000, section 16B.335, 
113.21  subdivision 4, is amended to read: 
113.22     Subd. 4.  [ENERGY CONSERVATION.] A recipient to whom a 
113.23  direct appropriation is made for a capital improvement project 
113.24  shall ensure that the project complies with the applicable 
113.25  energy conservation standards contained in law, including 
113.26  sections 216C.19 to 216C.20, and rules adopted thereunder.  The 
113.27  recipient may use the energy planning and intervention and 
113.28  energy technologies units of the department of public service to 
113.29  obtain information and technical assistance from the state 
113.30  energy office in the department of commerce on energy 
113.31  conservation and alternative energy development relating to the 
113.32  planning and construction of the capital improvement project. 
113.33     Sec. 9.  Minnesota Statutes 2000, section 16B.56, 
113.34  subdivision 1, is amended to read: 
113.35     Subdivision 1.  [EMPLOYEE TRANSPORTATION PROGRAM.] (a) 
113.36  [ESTABLISHMENT.] To conserve energy and alleviate traffic 
114.1   congestion around state offices, the commissioner shall, in 
114.2   cooperation with the commissioner of public service, the 
114.3   commissioner of transportation, the state energy office in the 
114.4   department of commerce, and interested nonprofit agencies, 
114.5   establish and operate an employee transportation program using 
114.6   commuter vans with a capacity of not less than seven nor more 
114.7   than 16 passengers.  Commuter vans may be used by state 
114.8   employees and others to travel between their homes and their 
114.9   work locations.  However, only state employee drivers may use 
114.10  the van for personal purposes after working hours, not including 
114.11  partisan political activity.  The commissioner shall acquire or 
114.12  lease commuter vans, or otherwise contract for the provision of 
114.13  commuter vans, and shall make the vans available for the use of 
114.14  state employees and others in accordance with standards and 
114.15  procedures adopted by the commissioner.  The commissioner shall 
114.16  promote the maximum participation of state employees and others 
114.17  in the use of the vans.  
114.18     (b) [ADMINISTRATIVE POLICIES.] The commissioner shall adopt 
114.19  standards and procedures under this section without regard to 
114.20  chapter 14.  The commissioner shall provide for the recovery by 
114.21  the state of vehicle acquisition, lease, operation, and 
114.22  insurance costs through efficient and convenient assignment of 
114.23  vans, and for the billing of costs and collection of fees.  A 
114.24  state employee using a van for personal use shall pay, pursuant 
114.25  to the standards and procedures adopted by the commissioner, for 
114.26  operating and routine maintenance costs incurred as a result of 
114.27  the personal use.  Fees collected under this subdivision shall 
114.28  be deposited in the accounts from which the costs of operating, 
114.29  maintaining, and leasing or amortization for the specific 
114.30  vehicle are paid.  
114.31     Sec. 10.  Minnesota Statutes 2000, section 16B.76, 
114.32  subdivision 1, is amended to read: 
114.33     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
114.34  advisory council consists of the following members: 
114.35     (1) the commissioner of administration or the 
114.36  commissioner's designee representing the department's building 
115.1   codes and standards division; 
115.2      (2) the commissioner of health or the commissioner's 
115.3   designee representing an environmental health section of the 
115.4   department; 
115.5      (3) the commissioner of public safety or the commissioner's 
115.6   designee representing the department's state fire marshal 
115.7   division; 
115.8      (4) the commissioner of public service commerce or the 
115.9   commissioner's designee representing the department's energy 
115.10  regulation and resource management division state energy office; 
115.11  and 
115.12     (5) one member representing each of the following 
115.13  occupations or entities, appointed by the commissioner of 
115.14  administration: 
115.15     (i) a certified building official; 
115.16     (ii) a fire service representative; 
115.17     (iii) a licensed architect; 
115.18     (iv) a licensed engineer; 
115.19     (v) a building owners and managers representative; 
115.20     (vi) a licensed residential building contractor; 
115.21     (vii) a commercial building contractor; 
115.22     (viii) a heating and ventilation contractor; 
115.23     (ix) a plumbing contractor; 
115.24     (x) a representative of a construction and building trades 
115.25  union; and 
115.26     (xi) a local unit of government representative. 
115.27     (b) For members who are not state officials or employees, 
115.28  terms, compensation, removal, and the filling of vacancies are 
115.29  governed by section 15.059.  The council shall select one of its 
115.30  members to serve as chair. 
115.31     (c) The council expires June 30, 2001. 
115.32     Sec. 11.  Minnesota Statutes 2000, section 17.86, 
115.33  subdivision 3, is amended to read: 
115.34     Subd. 3.  [INFORMATION.] The University of Minnesota 
115.35  extension service, in cooperation with the commissioners of 
115.36  agriculture, children, families, and learning, natural 
116.1   resources, and public service commerce, shall serve as the 
116.2   principal agency for publishing and circulating information 
116.3   derived from research under subdivision 2 among the various 
116.4   municipalities and individual property owners in the state.  
116.5   Where practical, the extension service and the state energy 
116.6   office in the department of public service commerce shall secure 
116.7   the advice and assistance of various energy utilities interested 
116.8   and concerned with conservation.  The commissioner of 
116.9   agriculture shall establish an information source for requests 
116.10  for nursery stock, to match needs of municipalities with stocks 
116.11  of trees available for planting from private and governmental 
116.12  sources.  
116.13     Sec. 12.  Minnesota Statutes 2000, section 18.024, 
116.14  subdivision 1, is amended to read: 
116.15     Subdivision 1.  [WOOD UTILIZATION.] The departments of 
116.16  agriculture and natural resources, after consultation with the 
116.17  Minnesota shade tree advisory committee and the commissioner of 
116.18  public service state energy office in the department of 
116.19  commerce, shall investigate, evaluate, and make recommendations 
116.20  to the legislature concerning the potential uses of wood from 
116.21  community trees removed due to disease or other disorders.  
116.22  These recommendations shall include maximum resource recovery 
116.23  through recycling, use as an alternative energy source, or use 
116.24  in construction or the manufacture of new products.  Wood 
116.25  utilization or disposal systems as defined in section 18.023 
116.26  must be included to ensure maximum utilization of diseased shade 
116.27  trees with designs and procedures to ensure public safety and to 
116.28  assure compliance with approved disease control programs. 
116.29     Sec. 13.  Minnesota Statutes 2000, section 43A.08, 
116.30  subdivision 1a, is amended to read: 
116.31     Subd. 1a.  [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing 
116.32  authorities for the following agencies may designate additional 
116.33  unclassified positions according to this subdivision:  the 
116.34  departments of administration; agriculture; commerce; 
116.35  corrections; economic security; children, families, and 
116.36  learning; employee relations; trade and economic development; 
117.1   finance; health; human rights; labor and industry; natural 
117.2   resources; public safety; public service; human services; 
117.3   revenue; transportation; and veterans affairs; the housing 
117.4   finance and pollution control agencies; the state lottery; the 
117.5   state board of investment; the office of administrative 
117.6   hearings; the office of environmental assistance; the offices of 
117.7   the attorney general, secretary of state, state auditor, and 
117.8   state treasurer; the Minnesota state colleges and universities; 
117.9   the higher education services office; the Perpich center for 
117.10  arts education; and the Minnesota zoological board. 
117.11     A position designated by an appointing authority according 
117.12  to this subdivision must meet the following standards and 
117.13  criteria:  
117.14     (1) the designation of the position would not be contrary 
117.15  to other law relating specifically to that agency; 
117.16     (2) the person occupying the position would report directly 
117.17  to the agency head or deputy agency head and would be designated 
117.18  as part of the agency head's management team; 
117.19     (3) the duties of the position would involve significant 
117.20  discretion and substantial involvement in the development, 
117.21  interpretation, and implementation of agency policy; 
117.22     (4) the duties of the position would not require primarily 
117.23  personnel, accounting, or other technical expertise where 
117.24  continuity in the position would be important; 
117.25     (5) there would be a need for the person occupying the 
117.26  position to be accountable to, loyal to, and compatible with, 
117.27  the governor and the agency head, the employing statutory board 
117.28  or commission, or the employing constitutional officer; 
117.29     (6) the position would be at the level of division or 
117.30  bureau director or assistant to the agency head; and 
117.31     (7) the commissioner has approved the designation as being 
117.32  consistent with the standards and criteria in this subdivision. 
117.33     Sec. 14.  Minnesota Statutes 2000, section 45.012, is 
117.34  amended to read: 
117.35     45.012 [COMMISSIONER.] 
117.36     (a) The department of commerce is under the supervision and 
118.1   control of the commissioner of commerce.  The commissioner is 
118.2   appointed by the governor in the manner provided by section 
118.3   15.06.  
118.4      (b) Data that is received by the commissioner or the 
118.5   commissioner's designee by virtue of membership or participation 
118.6   in an association, group, or organization that is not otherwise 
118.7   subject to chapter 13 is confidential or protected nonpublic 
118.8   data but may be shared with the department employees as the 
118.9   commissioner considers appropriate.  The commissioner may 
118.10  release the data to any person, agency, or the public if the 
118.11  commissioner determines that the access will aid the law 
118.12  enforcement process, promote public health or safety, or dispel 
118.13  widespread rumor or unrest.  
118.14     (c) It is part of the department's mission that within the 
118.15  department's resources the commissioner shall endeavor to: 
118.16     (1) prevent the waste or unnecessary spending of public 
118.17  money; 
118.18     (2) use innovative fiscal and human resource practices to 
118.19  manage the state's resources and operate the department as 
118.20  efficiently as possible; 
118.21     (3) coordinate the department's activities wherever 
118.22  appropriate with the activities of other governmental agencies; 
118.23     (4) use technology where appropriate to increase agency 
118.24  productivity, improve customer service, increase public access 
118.25  to information about government, and increase public 
118.26  participation in the business of government; 
118.27     (5) utilize constructive and cooperative labor-management 
118.28  practices to the extent otherwise required by chapters 43A and 
118.29  179A; 
118.30     (6) report to the legislature on the performance of agency 
118.31  operations and the accomplishment of agency goals in the 
118.32  agency's biennial budget according to section 16A.10, 
118.33  subdivision 1; and 
118.34     (7) recommend to the legislature appropriate changes in law 
118.35  necessary to carry out the mission and improve the performance 
118.36  of the department. 
119.1      (d) The commissioner also has all the powers and 
119.2   responsibilities and shall perform all the duties previously 
119.3   assigned to the commissioner of public service and the 
119.4   department of public service under chapters 216, 216A, 216B, 
119.5   216C, 237, 238, 239, and other statutes prior to the date of 
119.6   final enactment of this act, except in the case where those 
119.7   powers, responsibilities, or duties have been specifically 
119.8   otherwise assigned by law. 
119.9      Sec. 15.  Minnesota Statutes 2000, section 103F.325, 
119.10  subdivision 2, is amended to read: 
119.11     Subd. 2.  [REVIEW AND HEARING.] (a) The commissioner shall 
119.12  make the proposed management plan available to affected local 
119.13  governmental bodies, shoreland owners, conservation and outdoor 
119.14  recreation groups, the commissioner of trade and economic 
119.15  development, the commissioner of public service commerce, the 
119.16  governor, and the general public.  The commissioners of trade 
119.17  and economic development and of public service, the state energy 
119.18  office in the department of commerce, and the governor shall 
119.19  review the proposed management plan in accordance with the 
119.20  criteria in section 86A.09, subdivision 3, and submit any 
119.21  written comments to the commissioner within 60 days after 
119.22  receipt of the proposed management plan.  
119.23     (b) By 60 days after making the information available, the 
119.24  commissioner shall conduct a public hearing on the proposed 
119.25  management plan in the county seat of each county that contains 
119.26  a portion of the designated system area, in the manner provided 
119.27  in chapter 14.  
119.28     Sec. 16.  Minnesota Statutes 2000, section 103F.325, 
119.29  subdivision 3, is amended to read: 
119.30     Subd. 3.  [POST HEARING REVIEW.] Upon receipt of the 
119.31  administrative law judge's report, the commissioner shall 
119.32  immediately forward the proposed management plan and the 
119.33  administrative law judge's report to the commissioners of trade 
119.34  and economic development and of public service commerce for 
119.35  review under section 86A.09, subdivision 3, except that the 
119.36  review by the commissioners must be completed or be deemed 
120.1   completed within 30 days after receiving the administrative law 
120.2   judge's report, and the review by the governor must be completed 
120.3   or be deemed completed within 15 days after receipt.  
120.4      Sec. 17.  Minnesota Statutes 2000, section 115A.15, 
120.5   subdivision 5, is amended to read: 
120.6      Subd. 5.  [REPORTS.] (a) By January 1 of each odd-numbered 
120.7   year, the commissioner of administration shall submit a report 
120.8   to the governor and to the environment and natural resources 
120.9   committees of the senate and house of representatives, the 
120.10  finance division of the senate committee on environment and 
120.11  natural resources, and the house of representatives committee on 
120.12  environment and natural resources finance summarizing past 
120.13  activities and proposed goals of the program for the following 
120.14  biennium.  The report shall include at least: 
120.15     (1) a summary list of product and commodity purchases that 
120.16  contain recycled materials; 
120.17     (2) the results of any performance tests conducted on 
120.18  recycled products and agencies' experience with recycled 
120.19  products used; 
120.20     (3) a list of all organizations participating in and using 
120.21  the cooperative purchasing program; and 
120.22     (4) a list of products and commodities purchased for their 
120.23  recyclability and of recycled products reviewed for purchase. 
120.24     (b) By July 1 of each even-numbered year, the director of 
120.25  the office of environmental assistance and the commissioner of 
120.26  public service commerce through the state energy office shall 
120.27  submit recommendations to the commissioner regarding the 
120.28  operation of the program. 
120.29     Sec. 18.  Minnesota Statutes 2000, section 116O.06, 
120.30  subdivision 2, is amended to read: 
120.31     Subd. 2.  [EQUITY INVESTMENTS.] The corporation may acquire 
120.32  an interest in a product or a private business entity, except 
120.33  that the corporation may not acquire an interest in a business 
120.34  entity engaged in a trade or industry whose profits are directly 
120.35  regulated by the commissioner of commerce or the department of 
120.36  public service public utilities commission.  The corporation may 
121.1   enter into joint venture agreements with other private 
121.2   corporations to promote economic development and job creation.  
121.3      Sec. 19.  Minnesota Statutes 2000, section 123B.65, 
121.4   subdivision 1, is amended to read: 
121.5      Subdivision 1.  [DEFINITIONS.] The definitions in this 
121.6   subdivision apply to this section. 
121.7      (a) "Energy conservation measure" means a training program 
121.8   or facility alteration designed to reduce energy consumption or 
121.9   operating costs and includes: 
121.10     (1) insulation of the building structure and systems within 
121.11  the building; 
121.12     (2) storm windows and doors, caulking or weatherstripping, 
121.13  multiglazed windows and doors, heat absorbing or heat reflective 
121.14  glazed and coated window and door systems, additional glazing, 
121.15  reductions in glass area, and other window and door system 
121.16  modifications that reduce energy consumption; 
121.17     (3) automatic energy control systems; 
121.18     (4) heating, ventilating, or air conditioning system 
121.19  modifications or replacements; 
121.20     (5) replacement or modifications of lighting fixtures to 
121.21  increase the energy efficiency of the lighting system without 
121.22  increasing the overall illumination of a facility, unless such 
121.23  increase in illumination is necessary to conform to the 
121.24  applicable state or local building code for the lighting system 
121.25  after the proposed modifications are made; 
121.26     (6) energy recovery systems; 
121.27     (7) cogeneration systems that produce steam or forms of 
121.28  energy such as heat, as well as electricity, for use primarily 
121.29  within a building or complex of buildings; 
121.30     (8) energy conservation measures that provide long-term 
121.31  operating cost reductions.  
121.32     (b) "Guaranteed energy savings contract" means a contract 
121.33  for the evaluation and recommendations of energy conservation 
121.34  measures, and for one or more energy conservation measures.  The 
121.35  contract must provide that all payments, except obligations on 
121.36  termination of the contract before its expiration, are to be 
122.1   made over time, but not to exceed 15 years from the date of 
122.2   final installation, and the savings are guaranteed to the extent 
122.3   necessary to make payments for the systems. 
122.4      (c) "Qualified provider" means a person or business 
122.5   experienced in the design, implementation, and installation of 
122.6   energy conservation measures.  A qualified provider to whom the 
122.7   contract is awarded shall give a sufficient bond to the school 
122.8   district for its faithful performance. 
122.9      (d) "Commissioner" means the commissioner of public service 
122.10  commerce through the state energy office. 
122.11     Sec. 20.  Minnesota Statutes 2000, section 123B.65, 
122.12  subdivision 3, is amended to read: 
122.13     Subd. 3.  [EVALUATION BY COMMISSIONER.] Upon request of the 
122.14  board, the commissioner of public service shall review the 
122.15  report required in subdivision 2 and provide an evaluation to 
122.16  the board on the proposed contract within 15 working days of 
122.17  receiving the report.  In evaluating the proposed contract, the 
122.18  commissioner shall determine whether the detailed calculations 
122.19  of the costs and of the energy and operating savings are 
122.20  accurate and reasonable.  The commissioner may request 
122.21  additional information about a proposed contract as the 
122.22  commissioner deems necessary.  If the commissioner requests 
122.23  additional information, the commissioner shall not be required 
122.24  to submit an evaluation to the board within fewer than ten 
122.25  working days of receiving the requested information.  
122.26     Sec. 21.  Minnesota Statutes 2000, section 123B.65, 
122.27  subdivision 5, is amended to read: 
122.28     Subd. 5.  [PAYMENT OF REVIEW EXPENSES.] The commissioner of 
122.29  public service may charge a district requesting services under 
122.30  subdivisions 3 and 4 actual costs incurred by the department 
122.31  of public service commerce while conducting the review, or 
122.32  one-half percent of the total identified project cost, whichever 
122.33  is less.  Before conducting the review, the commissioner shall 
122.34  notify a district requesting review services that expenses will 
122.35  be charged to the district.  The commissioner shall bill the 
122.36  district upon completion of the contract review.  Money 
123.1   collected by the commissioner under this subdivision must be 
123.2   deposited in the general fund.  A district may include the cost 
123.3   of a review by the commissioner under subdivision 3 in a 
123.4   contract made pursuant to this section. 
123.5      Sec. 22.  Minnesota Statutes 2000, section 161.45, 
123.6   subdivision 1, is amended to read: 
123.7      Subdivision 1.  [RULES.] Electric transmission, telephone 
123.8   or telegraph lines, pole lines, community antenna television 
123.9   lines, railways, ditches, sewers, water, heat or gas mains, gas 
123.10  and other pipe lines, flumes, or other structures which, under 
123.11  the laws of this state or the ordinance of any city, may be 
123.12  constructed, placed, or maintained across or along any trunk 
123.13  highway, or the roadway thereof, by any person, persons, 
123.14  corporation, or any subdivision of the state, may be so 
123.15  maintained or hereafter constructed only in accordance with such 
123.16  rules as may be prescribed by the commissioner who shall have 
123.17  power to prescribe and enforce reasonable rules with reference 
123.18  to the placing and maintaining along, across, or in any such 
123.19  trunk highway of any of the utilities hereinbefore set forth.  
123.20  Nothing herein shall restrict the actions of public authorities 
123.21  in extraordinary emergencies nor restrict the power and 
123.22  authority of the department of public service commissioner of 
123.23  commerce as provided for in other provisions of law.  Provided, 
123.24  however, that in the event any local subdivision of government 
123.25  has enacted ordinances relating to the method of installation or 
123.26  requiring underground installation of such community antenna 
123.27  television lines, the permit granted by the commissioner of 
123.28  transportation shall require compliance with such local 
123.29  ordinance. 
123.30     Sec. 23.  Minnesota Statutes 2000, section 168.61, 
123.31  subdivision 1, is amended to read: 
123.32     Subdivision 1.  [DEFINITION.] The term "intercity bus" as 
123.33  used in sections 168.61 to 168.65 means a motor bus as defined 
123.34  in section 168.011, subdivision 9, which is owned or operated by 
123.35  either a resident or nonresident of Minnesota in interstate 
123.36  commerce under authority of the Interstate Commerce Commission 
124.1   or in combined interstate and intrastate commerce under 
124.2   authority of the Interstate Commerce Commission and the 
124.3   department of public service transportation of Minnesota, as a 
124.4   result of which operation such bus operates both within and 
124.5   without the territorial limits of the state of Minnesota.  
124.6      Sec. 24.  Minnesota Statutes 2000, section 169.073, is 
124.7   amended to read: 
124.8      169.073 [PROHIBITED LIGHT OR SIGNAL.] 
124.9      (a) No person or corporation shall place, maintain or 
124.10  display any red light or red sign, signal, or lighting device or 
124.11  maintain it in view of any highway or any line of railroad on or 
124.12  over which trains are operated in such a way as to interfere 
124.13  with the effectiveness or efficiency of any highway 
124.14  traffic-control device or signals or devices used in the 
124.15  operation of a railroad.  Upon written notice from the 
124.16  commissioner of transportation, a person or corporation 
124.17  maintaining or owning or displaying a prohibited light shall 
124.18  promptly remove it, or change the color of it to some other 
124.19  color than red.  Where a prohibited light or sign interferes 
124.20  with the effectiveness or efficiency of the signals or devices 
124.21  used in the operation of a railroad, the department of public 
124.22  service transportation may cause the removal of it and the 
124.23  department may issue notices and orders for its removal.  The 
124.24  department shall proceed as provided in sections 216.13, 216.14, 
124.25  216.15, 216.16, and 216.17, with a right of appeal to the 
124.26  aggrieved party in accordance with chapter 14. 
124.27     (b) No person or corporation shall maintain or display any 
124.28  light after written notice from the commissioner of 
124.29  transportation or the department of public service that the 
124.30  light constitutes a traffic hazard and that it has ordered the 
124.31  removal thereof. 
124.32     Sec. 25.  Minnesota Statutes 2000, section 174.03, 
124.33  subdivision 7, is amended to read: 
124.34     Subd. 7.  [ENERGY CONSERVATION.] The commissioner, in 
124.35  cooperation with the commissioner of public service commerce 
124.36  through the state energy office, shall evaluate all modes of 
125.1   transportation in terms of their levels of energy consumption.  
125.2   The commissioner of public service commerce shall provide the 
125.3   commissioner with projections of the future availability of 
125.4   energy resources for transportation.  The commissioner shall use 
125.5   the results of this evaluation and the projections to evaluate 
125.6   alternative programs and facilities to be included in the 
125.7   statewide plan and to otherwise promote the more efficient use 
125.8   of energy resources for transportation purposes. 
125.9      Sec. 26.  Minnesota Statutes 2000, section 181.30, is 
125.10  amended to read: 
125.11     181.30 [DUTY OF DEPARTMENT OF PUBLIC SERVICE.] 
125.12     Any officer of any railroad company in the state violating 
125.13  any of the provisions of section 181.29 shall be guilty of a 
125.14  misdemeanor; and, upon conviction, punished by a fine of not 
125.15  less than $100, and not more than $700, for each offense, or by 
125.16  imprisonment in the county jail not more than 60 days, or both 
125.17  fine and imprisonment, at the discretion of the court.  It shall 
125.18  be the duty of the state department of public 
125.19  service transportation, upon complaint properly filed with it 
125.20  alleging a violation of section 181.29, to make a full 
125.21  investigation in relation thereto, and for such purpose it shall 
125.22  have the power to administer oaths, interrogate witnesses, take 
125.23  testimony and require the production of books and papers, and if 
125.24  such report shall show a violation of the provisions of section 
125.25  181.29, the department of public service transportation shall, 
125.26  through the attorney general, begin the prosecution of all 
125.27  parties against whom evidence of such violation is found; but 
125.28  section 181.29 shall not be construed to prevent any other 
125.29  person from beginning prosecution for the violation of the 
125.30  provisions thereof.  
125.31     Sec. 27.  Minnesota Statutes 2000, section 216A.01, is 
125.32  amended to read: 
125.33     216A.01 [ESTABLISHMENT OF DEPARTMENT AND COMMISSION; POWERS 
125.34  AND DUTIES.] 
125.35     There are hereby created and established the department of 
125.36  public service, and the public utilities commission.  The 
126.1   department of public service commerce shall have and possess all 
126.2   of the rights and powers and perform all of the duties vested in 
126.3   it by this chapter.  The public utilities commission shall have 
126.4   and possess all of the rights and powers and perform all of the 
126.5   duties vested in it by this chapter, and those formerly vested 
126.6   by law in the railroad and warehouse commission. 
126.7      Sec. 28.  Minnesota Statutes 2000, section 216A.035, is 
126.8   amended to read: 
126.9      216A.035 [CONFLICT OF INTEREST.] 
126.10     (a) No person, while a member of the public utilities 
126.11  commission, while acting as executive secretary of the 
126.12  commission, or while employed in a professional capacity by the 
126.13  commission, shall receive any income, other than dividends or 
126.14  other earnings from a mutual fund or trust if these earnings do 
126.15  not constitute a significant portion of the person's income, 
126.16  directly or indirectly from any public utility or other 
126.17  organization subject to regulation by the commission. 
126.18     (b) No person is eligible to be appointed as a member of 
126.19  the commission if the person has been employed with an entity, 
126.20  or an affiliated company of an entity, that is subject to rate 
126.21  regulation by the commission within one year from the date when 
126.22  the person's term on the commission will begin. 
126.23     (c) No person who is an employee of the public service 
126.24  department of commerce shall participate in any manner in any 
126.25  decision or action of the commission where that person has a 
126.26  direct or indirect financial interest.  Each commissioner or 
126.27  employee of the public service department who is in the general 
126.28  professional, supervisory, or technical units established in 
126.29  section 179A.10 or who is a professional, supervisory, or 
126.30  technical employee defined as confidential in section 179A.03, 
126.31  subdivision 4, or who is a management classification employee 
126.32  and whose duties are related to public utilities or 
126.33  transportation utility, telephone company, or telecommunications 
126.34  company regulation shall report to the campaign finance and 
126.35  public disclosure board annually before April 15 any interest in 
126.36  an industry or business regulated by the commission.  Each 
127.1   commissioner shall file a statement of economic interest as 
127.2   required by section 10A.09 with the campaign finance and public 
127.3   disclosure board and the public utilities commission before 
127.4   taking office.  The statement of economic interest must state 
127.5   any interest that the commissioner has in an industry or 
127.6   business regulated by the commission. 
127.7      (d) A professional employee of the commission or department 
127.8   must immediately disclose to the commission or to the 
127.9   commissioner of the department, respectively, any communication, 
127.10  direct or indirect, with a person who is a party to a pending 
127.11  proceeding before the commission regarding future benefits, 
127.12  compensation, or employment to be received from that person. 
127.13     Sec. 29.  Minnesota Statutes 2000, section 216A.036, is 
127.14  amended to read: 
127.15     216A.036 [EMPLOYMENT RESTRICTIONS.] 
127.16     (a) A person who serves as (1) a commissioner of the public 
127.17  utilities commission, (2) commissioner of the department of 
127.18  public service commerce, or (3) deputy commissioner of the 
127.19  department commerce, shall not, while employed with or within 
127.20  one year after leaving the commission, or department, accept 
127.21  employment with, receive compensation directly or indirectly 
127.22  from, or enter into a contractual relationship with an entity, 
127.23  or an affiliated company of an entity, that is subject to rate 
127.24  regulation by the commission. 
127.25     (b) An entity or an affiliated company of an entity that is 
127.26  subject to rate regulation by the commission, or a person acting 
127.27  on behalf of the entity, shall not negotiate or offer to employ 
127.28  or compensate a commissioner of the public utilities commission, 
127.29  the commissioner of public service commerce, or the deputy 
127.30  commissioner of commerce, while the person is so employed or 
127.31  within one year after the person leaves that employment. 
127.32     (c) For the purposes of this section, "affiliated company" 
127.33  means a company that controls, is controlled by, or is under 
127.34  common control with an entity subject to rate regulation by the 
127.35  commission. 
127.36     (d) A person who violates this section is subject to a 
128.1   civil penalty not to exceed $10,000 for each violation.  The 
128.2   attorney general may bring an action in district court to 
128.3   collect the penalties provided in this section.  
128.4      Sec. 30.  Minnesota Statutes 2000, section 216A.05, 
128.5   subdivision 1, is amended to read: 
128.6      Subdivision 1.  [LEGISLATIVE AND QUASI-JUDICIAL FUNCTIONS.] 
128.7   The functions of the commission shall be legislative and 
128.8   quasi-judicial in nature.  It may make such investigations and 
128.9   determinations, hold such hearings, prescribe such rules and 
128.10  issue such orders with respect to the control and conduct of the 
128.11  businesses coming within its jurisdiction as the legislature 
128.12  itself might make but only as it shall from time to time 
128.13  authorize.  It may adjudicate all proceedings brought before it 
128.14  in which the violation of any law or rule administered by the 
128.15  department of commerce is alleged. 
128.16     Sec. 31.  Minnesota Statutes 2000, section 216A.07, 
128.17  subdivision 1, is amended to read: 
128.18     Subdivision 1.  [ADMINISTRATIVE COMMISSIONER DUTIES.] The 
128.19  commissioner shall be the executive and administrative head of 
128.20  the public service department and shall have and possess of 
128.21  commerce has all the rights and powers and shall perform all the 
128.22  duties relating to the administrative function of the department 
128.23  as set forth in this chapter.  The commissioner may: 
128.24     (1) prepare all forms or blanks for the purpose of 
128.25  obtaining information which the commissioner may deem necessary 
128.26  or useful in the proper exercise of the authority and duties of 
128.27  the commissioner in connection with regulated businesses; 
128.28     (2) prescribe the time and manner within which forms or 
128.29  blanks shall be filed with the department; 
128.30     (3) inspect at all reasonable times, and copy the books, 
128.31  records, memoranda and correspondence or other documents and 
128.32  records of any person relating to any regulated business; and 
128.33     (4) cause the deposition to be taken of any person 
128.34  concerning the business and affairs of any business regulated by 
128.35  the department.  Information sought through said deposition 
128.36  shall be for a lawfully authorized purpose and shall be relevant 
129.1   and material to the investigation or hearing before the 
129.2   commission.  Information obtained from said deposition shall be 
129.3   used by the department only for a lawfully authorized purpose 
129.4   and pursuant to powers and responsibilities conferred upon the 
129.5   department.  Said deposition is to be taken in the manner 
129.6   prescribed by law for taking depositions in civil actions in the 
129.7   district court. 
129.8      Sec. 32.  Minnesota Statutes 2000, section 216A.08, is 
129.9   amended to read: 
129.10     216A.08 [CONTINUATION OF RULES OF PUBLIC SERVICE 
129.11  DEPARTMENT.] 
129.12     All valid rules, orders, and directives heretofore 
129.13  enforced, issued, or promulgated by the public service 
129.14  department under authority of chapter 216, 216A, 216B, 216C, 
129.15  218, 219, 221, or 222, 237, 238, or 239 shall remain and 
129.16  continue in force and effect until repealed, modified, or 
129.17  superseded by duly authorized rules, orders, or directives of 
129.18  the public utilities commission or, the commissioner of 
129.19  transportation, or the commissioner of commerce. 
129.20     Sec. 33.  Minnesota Statutes 2000, section 216A.085, 
129.21  subdivision 3, is amended to read: 
129.22     Subd. 3.  [STAFFING.] The intervention office shall be 
129.23  under the control and supervision of the commissioner of the 
129.24  department of public service commerce.  The commissioner may 
129.25  hire staff or contract for outside services as needed to carry 
129.26  out the purposes of this section.  The attorney general shall 
129.27  act as counsel in all intervention proceedings.  
129.28     Sec. 34.  Minnesota Statutes 2000, section 216B.02, 
129.29  subdivision 1, is amended to read: 
129.30     Subdivision 1.  [SCOPE.] For the purposes of Laws 1974, 
129.31  chapter 429 this chapter the terms defined in this section have 
129.32  the meanings given them. 
129.33     Sec. 35.  Minnesota Statutes 2000, section 216B.02, 
129.34  subdivision 7, is amended to read: 
129.35     Subd. 7.  [COMMISSION.] "Commission" means the public 
129.36  utilities commission of the department of public service. 
130.1      Sec. 36.  Minnesota Statutes 2000, section 216B.02, 
130.2   subdivision 8, is amended to read: 
130.3      Subd. 8.  [DEPARTMENT.] "Department" means the department 
130.4   of public service commerce of the state of Minnesota. 
130.5      Sec. 37.  Minnesota Statutes 2000, section 216B.16, 
130.6   subdivision 1, is amended to read: 
130.7      Subdivision 1.  [NOTICE.] Unless the commission otherwise 
130.8   orders, no public utility shall change a rate which has been 
130.9   duly established under this chapter, except upon 60 days' notice 
130.10  to the commission.  The notice shall include statements of 
130.11  facts, expert opinions, substantiating documents, and exhibits, 
130.12  supporting the change requested, and state the change proposed 
130.13  to be made in the rates then in force and the time when the 
130.14  modified rates will go into effect.  If the filing utility does 
130.15  not have an approved conservation improvement plan on file with 
130.16  the department of public service, it shall also include in its 
130.17  notice an energy conservation plan pursuant to section 
130.18  216B.241.  The filing utility shall give written notice, as 
130.19  approved by the commission, of the proposed change to the 
130.20  governing body of each municipality and county in the area 
130.21  affected.  All proposed changes shall be shown by filing new 
130.22  schedules or shall be plainly indicated upon schedules on file 
130.23  and in force at the time. 
130.24     Sec. 38.  Minnesota Statutes 2000, section 216B.16, 
130.25  subdivision 2, is amended to read: 
130.26     Subd. 2.  [SUSPENSION OF PROPOSED RATE; HEARING; FINAL 
130.27  DETERMINATION DEFINED.] (a) Whenever there is filed with the 
130.28  commission a schedule modifying or resulting in a change in any 
130.29  rates then in force as provided in subdivision 1, the commission 
130.30  may suspend the operation of the schedule by filing with the 
130.31  schedule of rates and delivering to the affected utility a 
130.32  statement in writing of its reasons for the suspension at any 
130.33  time before the rates become effective.  The suspension shall 
130.34  not be for a longer period than ten months beyond the initial 
130.35  filing date except as provided in this subdivision or 
130.36  subdivision 1a.  
131.1      (b) During the suspension the commission shall determine 
131.2   whether all questions of the reasonableness of the rates 
131.3   requested raised by persons deemed interested or by the 
131.4   administrative division of the department of public service can 
131.5   be resolved to the satisfaction of the commission.  If the 
131.6   commission finds that all significant issues raised have not 
131.7   been resolved to its satisfaction, or upon petition by ten 
131.8   percent of the affected customers or 250 affected customers, 
131.9   whichever is less, it shall refer the matter to the office of 
131.10  administrative hearings with instructions for a public hearing 
131.11  as a contested case pursuant to chapter 14, except as otherwise 
131.12  provided in this section. 
131.13     (c) The commission may order that the issues presented by 
131.14  the proposed rate changes be bifurcated into two separate 
131.15  hearings as follows:  (1) determination of the utility's revenue 
131.16  requirements and (2) determination of the rate design.  Upon 
131.17  issuance of both administrative law judge reports, the issues 
131.18  shall again be joined for consideration and final determination 
131.19  by the commission. 
131.20     (d) All prehearing discovery activities of state agency 
131.21  intervenors shall be consolidated and conducted by the 
131.22  department of public service commerce. 
131.23     (e) If the commission does not make a final determination 
131.24  concerning a schedule of rates within ten months after the 
131.25  initial filing date, the schedule shall be deemed to have been 
131.26  approved by the commission; except if: 
131.27     (1) an extension of the procedural schedule has been 
131.28  granted under subdivision 1a, in which case the schedule of 
131.29  rates is deemed to have been approved by the commission on the 
131.30  last day of the extended period of suspension; or 
131.31     (2) a settlement has been submitted to and rejected by the 
131.32  commission and the commission does not make a final 
131.33  determination concerning the schedule of rates, the schedule of 
131.34  rates is deemed to have been approved 60 days after the initial 
131.35  or, if applicable, the extended period of suspension. 
131.36     (f) If the commission finds that it has insufficient time 
132.1   during the suspension period to make a final determination of a 
132.2   case involving changes in general rates because of the need to 
132.3   make a final determination of another previously filed case 
132.4   involving changes in general rates under this section or section 
132.5   237.075, the commission may extend the suspension period to the 
132.6   extent necessary to allow itself 20 working days to make the 
132.7   final determination after it has made a final determination in 
132.8   the previously filed case.  An extension of the suspension 
132.9   period under this paragraph does not alter the setting of 
132.10  interim rates under subdivision 3. 
132.11     (g) For the purposes of this section, "final determination" 
132.12  means the initial decision of the commission and not any order 
132.13  which may be entered by the commission in response to a petition 
132.14  for rehearing or other further relief.  The commission may 
132.15  further suspend rates until it determines all those petitions. 
132.16     Sec. 39.  Minnesota Statutes 2000, section 216B.16, 
132.17  subdivision 6b, is amended to read: 
132.18     Subd. 6b.  [ENERGY CONSERVATION IMPROVEMENT.] (a) Except as 
132.19  otherwise provided in this subdivision, all investments and 
132.20  expenses of a public utility as defined in section 216B.241, 
132.21  subdivision 1, paragraph (e), incurred in connection with energy 
132.22  conservation improvements shall be recognized and included by 
132.23  the commission in the determination of just and reasonable rates 
132.24  as if the investments and expenses were directly made or 
132.25  incurred by the utility in furnishing utility service. 
132.26     (b) After December 31, 1999, investments and expenses for 
132.27  energy conservation improvements shall not be included by the 
132.28  commission in the determination of just and reasonable electric 
132.29  and gas rates for retail electric and gas service provided to 
132.30  large electric customer facilities that have been exempted by 
132.31  the commissioner of the department of public service pursuant to 
132.32  section 216B.241, subdivision 1a, paragraph (b).  However, no 
132.33  public utility shall be prevented from recovering its investment 
132.34  in energy conservation improvements from all customers that were 
132.35  made on or before December 31, 1999, in compliance with the 
132.36  requirements of section 216B.241.  
133.1      (c) The commission may permit a public utility to file rate 
133.2   schedules providing for annual recovery of the costs of energy 
133.3   conservation improvements.  These rate schedules may be 
133.4   applicable to less than all the customers in a class of retail 
133.5   customers if necessary to reflect the differing minimum spending 
133.6   requirements of section 216B.241, subdivision 1a.  After 
133.7   December 31, 1999, the commission shall allow a public utility, 
133.8   without requiring a general rate filing under this section, to 
133.9   reduce the electric and gas rates applicable to large electric 
133.10  customer facilities that have been exempted by the commissioner 
133.11  of the department of public service pursuant to section 
133.12  216B.241, subdivision 1a, paragraph (b), by an amount that 
133.13  reflects the elimination of energy conservation improvement 
133.14  investments or expenditures for those facilities required on or 
133.15  before December 31, 1999.  In the event that the commission has 
133.16  set electric or gas rates based on the use of an accounting 
133.17  methodology that results in the cost of conservation 
133.18  improvements being recovered from utility customers over a 
133.19  period of years, the rate reduction may occur in a series of 
133.20  steps to coincide with the recovery of balances due to the 
133.21  utility for conservation improvements made by the utility on or 
133.22  before December 31, 1999.  
133.23     Sec. 40.  Minnesota Statutes 2000, section 216B.16, 
133.24  subdivision 15, is amended to read: 
133.25     Subd. 15.  [LOW-INCOME RATE PROGRAMS; REPORT.] (a) The 
133.26  commission may consider ability to pay as a factor in setting 
133.27  utility rates and may establish programs for low-income 
133.28  residential ratepayers in order to ensure affordable, reliable, 
133.29  and continuous service to low-income utility customers.  The 
133.30  commission shall order a pilot program for at least one 
133.31  utility.  In ordering pilot programs, the commission shall 
133.32  consider the following: 
133.33     (1) the potential for low-income programs to provide 
133.34  savings to the utility for all collection costs including but 
133.35  not limited to:  costs of disconnecting and reconnecting 
133.36  residential ratepayers' service, all activities related to the 
134.1   utilities' attempt to collect past due bills, utility working 
134.2   capital costs, and any other administrative costs related to 
134.3   inability to pay programs and initiatives; 
134.4      (2) the potential for leveraging federal low-income energy 
134.5   dollars to the state; and 
134.6      (3) the impact of energy costs as a percentage of the total 
134.7   income of a low-income residential customer. 
134.8      (b) In determining the structure of the pilot utility 
134.9   program, the commission shall: 
134.10     (1) consult with advocates for and representatives of 
134.11  low-income utility customers, administrators of energy 
134.12  assistance and conservation programs, and utility 
134.13  representatives; 
134.14     (2) coordinate eligibility for the program with the state 
134.15  and federal energy assistance program and low-income residential 
134.16  energy programs, including weatherization programs; and 
134.17     (3) evaluate comprehensive low-income programs offered by 
134.18  utilities in other states. 
134.19     (c) The commission shall implement at least one pilot 
134.20  project by January 1, 1995, and shall allow a utility required 
134.21  to implement a pilot project to recover the net costs of the 
134.22  project in the utility's rates. 
134.23     (d) The commission, in conjunction with the commissioner of 
134.24  the department of public service and the commissioner of 
134.25  economic security, shall review low-income rate programs and 
134.26  shall report to the legislature by January 1, 1998.  The report 
134.27  must include: 
134.28     (1) the increase in federal energy assistance money 
134.29  leveraged by the state as a result of this program; 
134.30     (2) the effect of the program on low-income customer's 
134.31  ability to pay energy costs; 
134.32     (3) the effect of the program on utility customer bad debt 
134.33  and arrearages; 
134.34     (4) the effect of the program on the costs and numbers of 
134.35  utility disconnections and reconnections and other costs 
134.36  incurred by the utility in association with inability to pay 
135.1   programs; 
135.2      (5) the ability of the utility to recover the costs of the 
135.3   low-income program without a general rate change; 
135.4      (6) how other ratepayers have been affected by this 
135.5   program; 
135.6      (7) recommendations for continuing, eliminating, or 
135.7   expanding the low-income pilot program; and 
135.8      (8) how general revenue funds may be utilized in 
135.9   conjunction with low-income programs. 
135.10     Sec. 41.  Minnesota Statutes 2000, section 216B.162, 
135.11  subdivision 7, is amended to read: 
135.12     Subd. 7.  [COMMISSION DETERMINATION.] (a) Except as 
135.13  provided under subdivision 6, competitive rates offered by 
135.14  electric utilities under this section must be filed with the 
135.15  commission and must be approved, modified, or rejected by the 
135.16  commission within 90 days.  The utility's filing must include 
135.17  statements of fact demonstrating that the proposed rates meet 
135.18  the standards of this subdivision.  The filing must be served on 
135.19  the department of public service and the office of the attorney 
135.20  general at the same time as it is served on the commission. 
135.21     (b) In reviewing a specific rate proposal, the commission 
135.22  shall determine: 
135.23     (1) that the rate meets the terms and conditions in 
135.24  subdivision 4, unless the commission determines that waiver of 
135.25  one or more terms and conditions would be in the public 
135.26  interest; 
135.27     (2) that the consumer can obtain its energy requirements 
135.28  from an energy supplier not rate-regulated by the commission 
135.29  under section 216B.16; 
135.30     (3) that the customer is not likely to take service from 
135.31  the electric utility seeking to offer the competitive rate if 
135.32  the customer was charged the electric utility's standard 
135.33  tariffed rate; and 
135.34     (4) that after consideration of environmental and 
135.35  socioeconomic impacts it is in the best interest of all other 
135.36  customers to offer the competitive rate to the customer subject 
136.1   to effective competition. 
136.2      (c) If the commission approves the competitive rate, it 
136.3   becomes effective as agreed to by the electric utility and the 
136.4   customer.  If the competitive rate is modified by the 
136.5   commission, the commission shall issue an order modifying the 
136.6   competitive rate subject to the approval of the electric utility 
136.7   and the customer.  Each party has ten days in which to reject 
136.8   the proposed modification.  If no party rejects the proposed 
136.9   modification, the commissioner's order becomes final.  If either 
136.10  party rejects the commission's proposed modification, the 
136.11  electric utility, on its behalf or on the behalf of the 
136.12  customer, may submit to the commission a modified version of the 
136.13  commission's proposal.  The commission shall accept or reject 
136.14  the modified version within 30 days.  If the commission rejects 
136.15  the competitive rate, it shall issue an order indicating the 
136.16  reasons for the rejection. 
136.17     Sec. 42.  Minnesota Statutes 2000, section 216B.162, 
136.18  subdivision 11, is amended to read: 
136.19     Subd. 11.  [COMMISSION DETERMINATION.] (a) Proposals for 
136.20  discretionary rate reductions offered by utilities must be filed 
136.21  with the commission, with copies of the filing served upon the 
136.22  department of public service and the office of attorney general 
136.23  at the same time it is served upon the commission.  The 
136.24  commission shall review the proposals according to procedures 
136.25  developed under section 216B.05, subdivision 2a.  The commission 
136.26  shall not approve discretionary rate reductions offered by 
136.27  public utilities that do not have an accepted resource plan on 
136.28  file with the commission.  The commission shall not approve 
136.29  discretionary rate reductions unless the utility has made the 
136.30  customer aware of all cost-effective opportunities for energy 
136.31  efficiency improvements offered by the utility. 
136.32     (b) Public utilities that provide service under 
136.33  discretionary rate reductions shall not, through increased 
136.34  revenue requirements or through prospective rate design changes, 
136.35  recover any revenues foregone due to the discretionary rate 
136.36  reductions, nor shall the commission grant such recovery. 
137.1      Sec. 43.  Minnesota Statutes 2000, section 216B.1675, 
137.2   subdivision 9, is amended to read: 
137.3      Subd. 9.  [COMMISSION FINDINGS.] The commission shall issue 
137.4   findings concerning the appropriateness of the proposed plan.  
137.5   The commission may approve, reject, or modify the plan in a 
137.6   manner which meets the requirements of this section.  An 
137.7   approved or modified plan becomes effective unless the plan is 
137.8   withdrawn by the utility within 30 days of a final appealable 
137.9   order.  If the utility withdraws an approved or modified plan, 
137.10  all of the administrative costs related to the plan that are 
137.11  charged by the commission or the department of public service to 
137.12  the utility may not be recovered from ratepayers in current or 
137.13  subsequent rates.  A utility that withdraws an approved or 
137.14  modified plan may not file another plan under this section for a 
137.15  period of one year following the withdrawal of the plan. 
137.16     Sec. 44.  Minnesota Statutes 2000, section 216B.241, 
137.17  subdivision 1a, is amended to read: 
137.18     Subd. 1a.  [INVESTMENT, EXPENDITURE, AND CONTRIBUTION; 
137.19  PUBLIC UTILITY.] (a) For purposes of this subdivision and 
137.20  subdivision 2, "public utility" has the meaning given it in 
137.21  section 216B.02, subdivision 4.  Each public utility shall spend 
137.22  and invest for energy conservation improvements under this 
137.23  subdivision and subdivision 2 the following amounts: 
137.24     (1) for a utility that furnishes gas service, 0.5 percent 
137.25  of its gross operating revenues from service provided in the 
137.26  state; 
137.27     (2) for a utility that furnishes electric service, 1.5 
137.28  percent of its gross operating revenues from service provided in 
137.29  the state; and 
137.30     (3) for a utility that furnishes electric service and that 
137.31  operates a nuclear-powered electric generating plant within the 
137.32  state, two percent of its gross operating revenues from service 
137.33  provided in the state. 
137.34     For purposes of this paragraph (a), "gross operating 
137.35  revenues" do not include revenues from large electric customer 
137.36  facilities exempted by the commissioner of the department of 
138.1   public service pursuant to paragraph (b). 
138.2      (b) The owner of a large electric customer facility may 
138.3   petition the commissioner of the department of public service to 
138.4   exempt both electric and gas utilities serving the large energy 
138.5   customer facility from the investment and expenditure 
138.6   requirements of paragraph (a) with respect to retail revenues 
138.7   attributable to the facility.  At a minimum, the petition must 
138.8   be supported by evidence relating to competitive or economic 
138.9   pressures on the customer and a showing by the customer of 
138.10  reasonable efforts to identify, evaluate, and implement 
138.11  cost-effective conservation improvements at the facility.  If a 
138.12  petition is filed on or before October 1 of any year, the order 
138.13  of the commissioner to exempt revenues attributable to the 
138.14  facility can be effective no earlier than January 1 of the 
138.15  following year.  The commissioner shall not grant an exemption 
138.16  if the commissioner determines that granting the exemption is 
138.17  contrary to the public interest.  The commissioner may, after 
138.18  investigation, rescind any exemption granted under this 
138.19  paragraph upon a determination that cost-effective energy 
138.20  conservation improvements are available at the large electric 
138.21  customer facility.  For the purposes of this paragraph, 
138.22  "cost-effective" means that the projected total cost of the 
138.23  energy conservation improvement at the large electric customer 
138.24  facility is less than the projected present value of the energy 
138.25  and demand savings resulting from the energy conservation 
138.26  improvement.  For the purposes of investigations by the 
138.27  commissioner under this paragraph, the owner of any large 
138.28  electric customer facility shall, upon request, provide the 
138.29  commissioner with updated information comparable to that 
138.30  originally supplied in or with the owner's original petition 
138.31  under this paragraph. 
138.32     (c) The commissioner may require investments or spending 
138.33  greater than the amounts required under this subdivision for a 
138.34  public utility whose most recent advance forecast required under 
138.35  section 216B.2422 or 216C.17 projects a peak demand deficit of 
138.36  100 megawatts or greater within five years under mid-range 
139.1   forecast assumptions.  
139.2      (d) A public utility or owner of a large electric customer 
139.3   facility may appeal a decision of the commissioner under 
139.4   paragraph (b) or (c) to the commission under subdivision 2.  In 
139.5   reviewing a decision of the commissioner under paragraph (b) or 
139.6   (c), the commission shall rescind the decision if it finds that 
139.7   the required investments or spending will: 
139.8      (1) not result in cost-effective energy conservation 
139.9   improvements; or 
139.10     (2) otherwise not be in the public interest. 
139.11     (e) Each utility shall determine what portion of the amount 
139.12  it sets aside for conservation improvement will be used for 
139.13  conservation improvements under subdivision 2 and what portion 
139.14  it will contribute to the energy and conservation account 
139.15  established in subdivision 2a.  A public utility may propose to 
139.16  the commissioner to designate that all or a portion of funds 
139.17  contributed to the account established in subdivision 2a be used 
139.18  for research and development projects.  Contributions must be 
139.19  remitted to the commissioner of public service by February 1 of 
139.20  each year.  Nothing in this subdivision prohibits a public 
139.21  utility from spending or investing for energy conservation 
139.22  improvement more than required in this subdivision. 
139.23     Sec. 45.  Minnesota Statutes 2000, section 216B.241, 
139.24  subdivision 1b, is amended to read: 
139.25     Subd. 1b.  [CONSERVATION IMPROVEMENT BY COOPERATIVE 
139.26  ASSOCIATION OR MUNICIPALITY.] (a) This subdivision applies to: 
139.27     (1) a cooperative electric association that generates and 
139.28  transmits electricity to associations that provide electricity 
139.29  at retail including a cooperative electric association not 
139.30  located in this state that serves associations or others in the 
139.31  state; 
139.32     (2) a municipality that provides electric service to retail 
139.33  customers; and 
139.34     (3) a municipality with gross operating revenues in excess 
139.35  of $5,000,000 from sales of natural gas to retail customers.  
139.36     (b) Each cooperative electric association and municipality 
140.1   subject to this subdivision shall spend and invest for energy 
140.2   conservation improvements under this subdivision the following 
140.3   amounts: 
140.4      (1) for a municipality, 0.5 percent of its gross operating 
140.5   revenues from the sale of gas and one percent of its gross 
140.6   operating revenues from the sale of electricity not purchased 
140.7   from a public utility governed by subdivision 1a or a 
140.8   cooperative electric association governed by this subdivision, 
140.9   excluding gross operating revenues from electric and gas service 
140.10  provided in the state to large electric customer facilities; and 
140.11     (2) for a cooperative electric association, 1.5 percent of 
140.12  its gross operating revenues from service provided in the state, 
140.13  excluding gross operating revenues from service provided in the 
140.14  state to large electric customer facilities indirectly through a 
140.15  distribution cooperative electric association. 
140.16     (c) Each municipality and cooperative association subject 
140.17  to this subdivision shall identify and implement energy 
140.18  conservation improvement spending and investments that are 
140.19  appropriate for the municipality or association, except that a 
140.20  municipality or association may not spend or invest for energy 
140.21  conservation improvements that directly benefit a large electric 
140.22  customer facility.  Each municipality and cooperative electric 
140.23  association subject to this subdivision may spend and invest 
140.24  annually up to 15 percent of the total amount required to be 
140.25  spent and invested on energy conservation improvements under 
140.26  this subdivision on research and development projects that meet 
140.27  the definition of energy conservation improvement in subdivision 
140.28  1 and that are funded directly by the municipality or 
140.29  cooperative electric association.  Load management may be used 
140.30  to meet the requirements of this subdivision if it reduces the 
140.31  demand for or increases the efficiency of electric services.  A 
140.32  generation and transmission cooperative electric association may 
140.33  include as spending and investment required under this 
140.34  subdivision conservation improvement spending and investment by 
140.35  cooperative electric associations that provide electric service 
140.36  at retail to consumers and that are served by the generation and 
141.1   transmission association. 
141.2      (d) By February 1 of each year, each municipality or 
141.3   cooperative shall report to the commissioner its energy 
141.4   conservation improvement spending and investments with a brief 
141.5   analysis of effectiveness in reducing consumption of electricity 
141.6   or gas.  The commissioner shall review each report and make 
141.7   recommendations, where appropriate, to the municipality or 
141.8   association to increase the effectiveness of conservation 
141.9   improvement activities.  The commissioner shall also review each 
141.10  report for whether a portion of the money spent on residential 
141.11  conservation improvement programs is devoted to programs that 
141.12  directly address the needs of renters and low-income persons 
141.13  unless an insufficient number of appropriate programs are 
141.14  available.  For the purposes of this subdivision and subdivision 
141.15  2, "low-income" means an income of less than 185 percent of the 
141.16  federal poverty level. 
141.17     (e) As part of its spending for conservation improvement, a 
141.18  municipality or association may contribute to the energy and 
141.19  conservation account.  A municipality or association may propose 
141.20  to the commissioner to designate that all or a portion of funds 
141.21  contributed to the account be used for research and development 
141.22  projects.  Any amount contributed must be remitted to the 
141.23  commissioner of public service by February 1 of each year. 
141.24     Sec. 46.  Minnesota Statutes 2000, section 216B.241, 
141.25  subdivision 2b, is amended to read: 
141.26     Subd. 2b.  [RECOVERY OF EXPENSES.] The commission shall 
141.27  allow a utility to recover expenses resulting from a 
141.28  conservation improvement program required by the department and 
141.29  contributions to the energy and conservation account, unless the 
141.30  recovery would be inconsistent with a financial incentive 
141.31  proposal approved by the commission.  In addition, a utility may 
141.32  file annually, or the public utilities commission may require 
141.33  the utility to file, and the commission may approve, rate 
141.34  schedules containing provisions for the automatic adjustment of 
141.35  charges for utility service in direct relation to changes in the 
141.36  expenses of the utility for real and personal property taxes, 
142.1   fees, and permits, the amounts of which the utility cannot 
142.2   control.  A public utility is eligible to file for adjustment 
142.3   for real and personal property taxes, fees, and permits under 
142.4   this subdivision only if, in the year previous to the year in 
142.5   which it files for adjustment, it has spent or invested at least 
142.6   1.75 percent of its gross revenues from provision of electric 
142.7   service, excluding gross operating revenues from electric 
142.8   service provided in the state to large electric customer 
142.9   facilities for which the commissioner of public service has 
142.10  issued an exemption under subdivision 1a, paragraph (b), and 0.6 
142.11  percent of its gross revenues from provision of gas service, 
142.12  excluding gross operating revenues from gas services provided in 
142.13  the state to large electric customer facilities for which the 
142.14  commissioner of public service has issued an exemption under 
142.15  subdivision 1a, paragraph (b), for that year for energy 
142.16  conservation improvements under this section. 
142.17     Sec. 47.  Minnesota Statutes 2000, section 216C.01, 
142.18  subdivision 1, is amended to read: 
142.19     Subdivision 1.  [APPLICABILITY.] The definitions in this 
142.20  section apply to sections 216C.02, 216C.05, 216C.07 to 216C.19, 
142.21  216C.20 to 216C.35, and 216C.373 to 216C.381 this chapter. 
142.22     Sec. 48.  Minnesota Statutes 2000, section 216C.01, 
142.23  subdivision 2, is amended to read: 
142.24     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
142.25  commissioner of the department of public service commerce. 
142.26     Sec. 49.  Minnesota Statutes 2000, section 216C.01, 
142.27  subdivision 3, is amended to read: 
142.28     Subd. 3.  [DEPARTMENT.] "Department" means the department 
142.29  of public service commerce. 
142.30     Sec. 50.  Minnesota Statutes 2000, section 216C.051, 
142.31  subdivision 6, is amended to read: 
142.32     Subd. 6.  [ASSESSMENT; APPROPRIATION.] On request by the 
142.33  cochairs of the legislative task force and after approval of the 
142.34  legislative coordinating commission, the commissioner of the 
142.35  department of public service commerce shall assess from electric 
142.36  utilities, in addition to assessments made under section 
143.1   216B.62, the amount requested for the operation of the task 
143.2   force not to exceed $700,000.  This authority to assess 
143.3   continues until the commissioner has assessed a total of 
143.4   $700,000.  The amount assessed under this section is 
143.5   appropriated to the director of the legislative coordinating 
143.6   commission for those purposes, and is available until expended. 
143.7      Sec. 51.  Minnesota Statutes 2000, section 216C.37, 
143.8   subdivision 1, is amended to read: 
143.9      Subdivision 1.  [DEFINITIONS.] In this section:  
143.10     (a) "Commissioner" means the commissioner of public service 
143.11  commerce. 
143.12     (b) "Energy conservation investments" means all capital 
143.13  expenditures that are associated with conservation measures 
143.14  identified in an energy project study, and that have a ten-year 
143.15  or less payback period.  
143.16     (c) "Municipality" means any county, statutory or home rule 
143.17  charter city, town, school district, or any combination of those 
143.18  units operating under an agreement to jointly undertake projects 
143.19  authorized in this section.  
143.20     (d) "Energy project study" means a study of one or more 
143.21  energy-related capital improvement projects analyzed in 
143.22  sufficient detail to support a financing application.  At a 
143.23  minimum, it must include one year of energy consumption and cost 
143.24  data, a description of existing conditions, a description of 
143.25  proposed conditions, a detailed description of the costs of the 
143.26  project, and calculations sufficient to document the proposed 
143.27  energy savings. 
143.28     Sec. 52.  Minnesota Statutes 2000, section 216C.40, 
143.29  subdivision 4, is amended to read: 
143.30     Subd. 4.  [CONDITION PRECEDENT.] The duties of the 
143.31  department under this section are conditional on the 
143.32  commissioner of public service finding that there will be at 
143.33  least one public utility that will be subject to the assessment 
143.34  created by Laws 1993, chapter 254, section 7. 
143.35     Sec. 53.  Minnesota Statutes 2000, section 237.02, is 
143.36  amended to read: 
144.1      237.02 [GENERAL AUTHORITY OF DEPARTMENT AND COMMISSION; 
144.2   DEFINITIONS.] 
144.3      The department of public service commerce and the public 
144.4   utilities commission, now existing under the laws of this state, 
144.5   are hereby vested with the same jurisdiction and supervisory 
144.6   power over telephone and telecommunications companies doing 
144.7   business in this state as it now has the commission's 
144.8   predecessor, the railroad and warehouse commission, had over 
144.9   railroad and express companies.  The definitions set forth 
144.10  in section sections 216A.02 shall apply and 216B.02 also apply 
144.11  to this chapter. 
144.12     Sec. 54.  Minnesota Statutes 2000, section 237.075, 
144.13  subdivision 2, is amended to read: 
144.14     Subd. 2.  [SUSPENSION OF PROPOSED RATE; HEARING; FINAL 
144.15  DETERMINATION DEFINED.] (a) Whenever there is filed with the 
144.16  commission as provided in subdivision 1 a schedule modifying or 
144.17  resulting in a change in any rate then in force, the commission 
144.18  may suspend the operation of the schedule by filing with the 
144.19  schedule of rates and delivering to the affected telephone 
144.20  company a statement in writing of its reasons for the suspension 
144.21  at any time before the rates become effective.  The suspension 
144.22  shall not be for a longer period than ten months beyond the 
144.23  initial filing date except as provided in paragraph (b).  During 
144.24  the suspension the commission shall determine whether all 
144.25  questions of the reasonableness of the rates requested raised by 
144.26  persons deemed interested or by the administrative division of 
144.27  the department of public service can be resolved to the 
144.28  satisfaction of the commission.  If the commission finds that 
144.29  all significant issues raised have not been resolved to its 
144.30  satisfaction, or upon petition by ten percent of the affected 
144.31  customers or 250 affected customers, whichever is less, it shall 
144.32  refer the matter to the office of administrative hearings with 
144.33  instructions for a public hearing as a contested case pursuant 
144.34  to chapter 14, except as otherwise provided in this section.  
144.35  The commission may order that the issues presented by the 
144.36  proposed rate changes be bifurcated into two separate hearings 
145.1   as follows:  (1) determination of the telephone company's 
145.2   revenue requirements and (2) determination of the rate design.  
145.3   Upon issuance of both administrative law judge reports, the 
145.4   issues shall again be joined for consideration and final 
145.5   determination by the commission.  All prehearing discovery 
145.6   activities of state agency intervenors shall be consolidated and 
145.7   conducted by the department of public service commerce.  If the 
145.8   commission does not make a final determination concerning a 
145.9   schedule of rates within ten months after the initial filing 
145.10  date, the schedule shall be deemed to have been approved by the 
145.11  commission; except if a settlement has been submitted to and 
145.12  rejected by the commission, the schedule is deemed to have been 
145.13  approved 12 months after the initial filing. 
145.14     (b) If the commission finds that it has insufficient time 
145.15  during the suspension period to make a final determination of a 
145.16  case involving changes in general rates because of the need to 
145.17  make final determinations of other previously filed cases 
145.18  involving changes in general rates under this section or section 
145.19  216B.16, the commission may extend the suspension period to the 
145.20  extent necessary to allow itself 20 working days to make the 
145.21  final determination after it has made final determinations in 
145.22  the previously filed cases.  An extension of the suspension 
145.23  period under this paragraph does not alter the setting of 
145.24  interim rates under subdivision 3. 
145.25     (c) For the purposes of this section, "final determination" 
145.26  means the initial decision of the commission and not any order 
145.27  which may be entered by the commission in response to a petition 
145.28  for rehearing or other further relief.  The commission may 
145.29  further suspend rates until it determines all those petitions. 
145.30     Sec. 55.  Minnesota Statutes 2000, section 237.075, 
145.31  subdivision 9, is amended to read: 
145.32     Subd. 9.  [ELECTION ON REGULATION; COOPERATIVE, MUNICIPAL, 
145.33  INDEPENDENT.] For the purposes of this section, "telephone 
145.34  company" shall not include a cooperative telephone association 
145.35  organized under the provisions of chapter 308A, an independent 
145.36  telephone company, or a municipal, unless the cooperative 
146.1   telephone association, independent telephone company, or 
146.2   municipal makes the election provided in this subdivision. 
146.3      A cooperative telephone association may elect to become 
146.4   subject to rate regulation by the commission pursuant to this 
146.5   section.  The election shall be (a) approved by the board of 
146.6   directors of the association in accordance with the procedures 
146.7   for amending the articles of incorporation contained in section 
146.8   308A.135, excluding the filing requirements; or (b) approved by 
146.9   a majority of members or stockholders voting by mail ballot 
146.10  initiated by petition of no fewer than five percent of the 
146.11  members or stockholders of the association.  The ballot to be 
146.12  used for the election shall be approved by the board of 
146.13  directors and the department of public service.  The department 
146.14  shall mail the ballots to the association's members who shall 
146.15  return the ballots to the department.  The department will keep 
146.16  the ballots sealed until a date agreed upon by the department 
146.17  and the board of directors.  On this date, representatives of 
146.18  the department and the association shall count the ballots.  If 
146.19  a majority of the association's members who vote elect to become 
146.20  subject to rate regulation by the commission, the election shall 
146.21  be effective 30 days after the date the ballots are counted.  
146.22  For purposes of this section, the term "member or stockholder"  
146.23  shall mean either the member or stockholder of record or the 
146.24  spouse of the member or stockholder unless the association has 
146.25  been notified otherwise in writing.  
146.26     A municipal may elect to become subject to rate regulation 
146.27  by the commission pursuant to this section.  The election shall 
146.28  be (a) approved by resolution of the governing body of the 
146.29  municipality; or (b) approved by a majority of the customers of 
146.30  the municipal voting by mail ballot initiated by petition of no 
146.31  fewer than 20 percent of the customers of the municipal.  The 
146.32  ballot to be used for the election shall be approved by the 
146.33  governing body of the municipality and the department of public 
146.34  service.  The department shall mail the ballots to the 
146.35  municipal's customers who shall return the ballots to the 
146.36  department.  The department will keep the ballots sealed until a 
147.1   date agreed upon by the department and the governing body of the 
147.2   municipality.  On this date, representatives of the department 
147.3   and the municipal shall count the ballots.  If a majority of the 
147.4   customers of the municipal who vote elect to become subject to 
147.5   rate regulation by the commission, the election shall be 
147.6   effective 30 days after the date the ballots are counted.  For 
147.7   purposes of this section, the term "customer" shall mean either 
147.8   the person in whose name the telephone service is registered or 
147.9   the spouse of the person unless the municipal utility has been 
147.10  notified otherwise in writing.  
147.11     An independent telephone company may elect to become 
147.12  subject to rate regulation by the commission pursuant to this 
147.13  section.  The election shall be (a) approved by the board of 
147.14  directors of the company in accordance with the procedures for 
147.15  amending the articles of incorporation contained in sections 
147.16  302A.133 to 302A.139, excluding the filing requirements; or (b) 
147.17  approved by a majority of subscribers voting by mail ballot 
147.18  initiated by petition of no fewer than five percent of the 
147.19  subscribers of the company.  The ballot to be used for the 
147.20  election shall be approved by the board of directors and the 
147.21  department of public service.  The department shall mail the 
147.22  ballots to the company's subscribers who shall return the 
147.23  ballots to the department.  The department will keep the ballots 
147.24  sealed until a date agreed upon by the department and the board 
147.25  of directors.  On this date, representatives of the department 
147.26  and the company shall count the ballots.  If a majority of the 
147.27  company's subscribers who vote elect to become subject to rate 
147.28  regulation by the commission, the election shall be effective 30 
147.29  days after the date the ballots are counted.  For purposes of 
147.30  this section the term "subscriber" shall mean either the person 
147.31  in whose name the telephone service is registered or the spouse 
147.32  of the person unless the independent telephone company has been 
147.33  notified otherwise in writing.  
147.34     Sec. 56.  Minnesota Statutes 2000, section 237.082, is 
147.35  amended to read: 
147.36     237.082 [TELECOMMUNICATION SERVICE; POLICY OF INCREASED 
148.1   SPEED AND SERVICE.] 
148.2      When setting rates, adopting rules, or issuing orders 
148.3   related to telecommunication matters that affect deployment of 
148.4   the infrastructure, the commission may apply the goals of: 
148.5      (1) achieving economically efficient investment in: 
148.6      (i) higher speed telecommunication services; and 
148.7      (ii) greater capacity for voice, video, and data 
148.8   transmission; and 
148.9      (2) just and reasonable rates. 
148.10     The department of public service may apply the same goals 
148.11  in its regulation of and recommendations regarding 
148.12  telecommunication services. 
148.13     Sec. 57.  Minnesota Statutes 2000, section 237.21, is 
148.14  amended to read: 
148.15     237.21 [VALUATION OF TELEPHONE PROPERTY.] 
148.16     In determining the value of any telephone property for rate 
148.17  making purposes, no valuation shall be allowed upon the value of 
148.18  any franchise granted by the state or any municipality where no 
148.19  payment was or is being made to the state or municipality on 
148.20  account thereof.  The requirement as to reasonableness of rates 
148.21  shall apply to each exchange unit as well as to telephone plants 
148.22  as a whole.  Provided, that in the case of a company operating a 
148.23  telephone system consisting of more than one exchange in the 
148.24  state, reasonableness of rates, as measured by earnings, shall 
148.25  be determined by a reasonable return from the total operations 
148.26  of the system within the state rather than by the return from 
148.27  individual exchanges or services.  No telephone rates or charges 
148.28  shall be allowed or approved by the commission under any 
148.29  circumstances, which are inadequate and which are intended to or 
148.30  naturally tend to destroy competition or produce a monopoly in 
148.31  telephone service in the locality affected.  
148.32     Laws 1953, chapter 25, shall have no effect on proceedings 
148.33  pending before the courts or the department of public service at 
148.34  the time of its enactment.  
148.35     Sec. 58.  Minnesota Statutes 2000, section 237.30, is 
148.36  amended to read: 
149.1      237.30 [TELEPHONE INVESTIGATION FUND; APPROPRIATION.] 
149.2      The sum of $25,000 is hereby appropriated out of any moneys 
149.3   in the state treasury not otherwise appropriated, to establish 
149.4   and provide a revolving fund to be known as the Minnesota 
149.5   Telephone Investigation Fund for the use of the department of 
149.6   public service commerce and of the attorney general in 
149.7   investigations, valuations, and revaluations under section 
149.8   237.295.  All sums paid by the telephone companies to reimburse 
149.9   the department of public service for its expenses pursuant to 
149.10  section 237.295 shall be credited to the revolving fund and 
149.11  shall be deposited in a separate bank account and not commingled 
149.12  with any other state funds or moneys, but any balance in excess 
149.13  of $25,000 in the revolving fund at the end of each fiscal year 
149.14  shall be paid into the state treasury and credited to the 
149.15  general fund.  The sum of $25,000 herein appropriated and all 
149.16  subsequent credits to said revolving fund shall be paid upon the 
149.17  warrant of the commissioner of finance upon application of the 
149.18  department or of the attorney general to an aggregate amount of 
149.19  not more than one-half of such sums to each of them, which 
149.20  proportion shall be constantly maintained in all credits and 
149.21  withdrawals from the revolving fund. 
149.22     Sec. 59.  Minnesota Statutes 2000, section 237.462, 
149.23  subdivision 6, is amended to read: 
149.24     Subd. 6.  [EXPEDITED PROCEEDING.] (a) The commission may 
149.25  order an expedited proceeding under section 237.61 and this 
149.26  subdivision, in lieu of a contested case under chapter 14, to 
149.27  develop an evidentiary record in any proceeding that involves 
149.28  contested issues of material fact either upon request of a party 
149.29  or upon the commission's own motion if the complaint alleges a 
149.30  violation described in subdivision 1, clauses (1) to (4).  The 
149.31  commission may order an expedited proceeding under this 
149.32  subdivision if the commission finds an expedited proceeding is 
149.33  in the public interest, regardless of whether all parties agree 
149.34  to the expedited proceeding.  In determining whether to grant an 
149.35  expedited proceeding, the commission may consider any evidence 
149.36  of impairment of the provision of telecommunications service to 
150.1   subscribers in the state or impairment of the provision of any 
150.2   service or network element subject to the jurisdiction of the 
150.3   commission.  
150.4      (b) Any request for an expedited proceeding under this 
150.5   subdivision must be noted in the title of the first filing by a 
150.6   party.  The filing shall also state the specific circumstances 
150.7   that the party believes warrant an expedited proceeding under 
150.8   this subdivision.  
150.9      (c) A complaint requesting an expedited proceeding, unless 
150.10  filed by the department of public service or the attorney 
150.11  general, must set forth the actions and the dates of the actions 
150.12  taken by the party filing the complaint to attempt to resolve 
150.13  the alleged violations with the party against whom the complaint 
150.14  is filed, including any requests that the party against whom the 
150.15  complaint is filed correct the conduct giving rise to the 
150.16  violations alleged in the complaint.  If no such actions were 
150.17  taken by the complainant, the complaint shall set forth the 
150.18  reasons why no such actions were taken.  The commission may 
150.19  order an expedited proceeding even if the filing complaint fails 
150.20  to meet this requirement if the commission determines that it 
150.21  would be in the public interest to go forward with the expedited 
150.22  proceeding without information in the complaint on attempts to 
150.23  resolve the dispute. 
150.24     (d) The complaining party shall serve the complaint along 
150.25  with any written discovery requests by hand delivery and 
150.26  facsimile on the party against whom the complaint is filed, the 
150.27  department of public service, and the office of the attorney 
150.28  general on the same day the complaint is filed with the 
150.29  commission. 
150.30     (e) The party responding to a complaint that includes a 
150.31  request for an expedited proceeding under this subdivision shall 
150.32  file an answer within 15 days after receiving the complaint.  
150.33  The responding party shall state in the answer the party's 
150.34  position on the request for an expedited proceeding.  The 
150.35  responding party shall serve with the answer any objections to 
150.36  any written discovery requests as well as any written discovery 
151.1   requests the responding party wishes to serve on the complaining 
151.2   party.  Except for stating any objections, the responding party 
151.3   is not required to answer any written discovery requests under 
151.4   this subdivision until a time established at a prehearing 
151.5   conference.  The responding party shall serve a copy of the 
151.6   answer and any discovery requests and objections on the 
151.7   complaining party, the department of public service, and office 
151.8   of the attorney general by hand delivery and facsimile on the 
151.9   same day as the answer is filed with the commission. 
151.10     (f) Within 15 days of receiving the answer to a complaint 
151.11  in a proceeding in which a party has requested an expedited 
151.12  hearing, the commission shall determine whether the filing 
151.13  warrants an expedited proceeding.  If the commission decides to 
151.14  grant a request by a party or if the commission orders an 
151.15  expedited proceeding on its own motion, the commission shall 
151.16  conduct within seven days of the decision a prehearing 
151.17  conference to schedule the evidentiary hearing.  During the 
151.18  prehearing conference, the commission shall establish a 
151.19  discovery schedule that requires all discovery to be completed 
151.20  no later than three days before the start of the hearing.  An 
151.21  evidentiary hearing under this subdivision must commence no 
151.22  later than 45 days after the commission's decision to order an 
151.23  expedited proceeding.  A quorum of the commission shall preside 
151.24  at any evidentiary hearing under this subdivision unless all the 
151.25  parties to the proceeding agree otherwise.  
151.26     (g) All pleadings submitted under this subdivision must be 
151.27  verified and all oral statements of fact made in a hearing or 
151.28  deposition under this subdivision must be made under oath or 
151.29  affirmation. 
151.30     (h) The commission shall issue a written decision and final 
151.31  order on the complaint within 15 days after the close of the 
151.32  evidentiary hearing under this subdivision.  On the day of 
151.33  issuance, the commission shall notify the parties by facsimile 
151.34  that a final order has been issued and shall provide each party 
151.35  with a copy of the final order. 
151.36     (i) The commission may extend any time periods under this 
152.1   subdivision if all parties to the proceeding agree to the 
152.2   extension or if the commission finds the extension is necessary 
152.3   to ensure a just resolution of the complaint. 
152.4      (j) Except as otherwise provided in this subdivision, an 
152.5   expedited proceeding under this subdivision shall be governed by 
152.6   the following procedural rules: 
152.7      (1) the parties shall have the discovery rights provided in 
152.8   Minnesota Rules, parts 1400.6700 to 1400.7000; 
152.9      (2) the parties shall have the right to cross-examine 
152.10  witnesses as provided in section 14.60, subdivision 3; 
152.11     (3) the admissibility of evidence and development of record 
152.12  for decision shall be governed by section 14.60 and Minnesota 
152.13  Rules, part 1400.7300; and 
152.14     (4) the commission may apply other procedures or standards 
152.15  included in the rules of the office of administrative hearings, 
152.16  as necessary to ensure the fair and expeditious resolution of 
152.17  disputes under this section. 
152.18     Sec. 60.  Minnesota Statutes 2000, section 237.51, 
152.19  subdivision 1, is amended to read: 
152.20     Subdivision 1.  [CREATION.] The department of public 
152.21  service commissioner of commerce shall administer through 
152.22  interagency agreement with the department commissioner of human 
152.23  services a program to distribute communication devices to 
152.24  eligible communication-impaired persons and contract with a 
152.25  local consumer group that serves communication-impaired persons 
152.26  to create and maintain a telecommunication relay service.  For 
152.27  purposes of sections 237.51 to 237.56, the department of public 
152.28  service commerce and any organization with which it contracts 
152.29  pursuant to this section or section 237.54, subdivision 2, are 
152.30  not telephone companies or telecommunications carriers as 
152.31  defined in section 237.01. 
152.32     Sec. 61.  Minnesota Statutes 2000, section 237.51, 
152.33  subdivision 5, is amended to read: 
152.34     Subd. 5.  [DEPARTMENT OF PUBLIC SERVICE COMMISSIONER OF 
152.35  COMMERCE DUTIES.] In addition to any duties specified elsewhere 
152.36  in sections 237.51 to 237.56, the department of public service 
153.1   commissioner of commerce shall: 
153.2      (1) prepare the reports required by section 237.55; 
153.3      (2) administer the fund created in section 237.52; and 
153.4      (3) adopt rules under chapter 14 to implement the 
153.5   provisions of sections 237.50 to 237.56. 
153.6      Sec. 62.  Minnesota Statutes 2000, section 237.51, 
153.7   subdivision 5a, is amended to read: 
153.8      Subd. 5a.  [DEPARTMENT OF HUMAN SERVICES DUTIES.] (a) In 
153.9   addition to any duties specified elsewhere in sections 237.51 to 
153.10  237.56, the department commissioner of human services shall: 
153.11     (1) define economic hardship, special needs, and household 
153.12  criteria so as to determine the priority of eligible applicants 
153.13  for initial distribution of devices and to determine 
153.14  circumstances necessitating provision of more than one 
153.15  communication device per household; 
153.16     (2) establish a method to verify eligibility requirements; 
153.17     (3) establish specifications for communication devices to 
153.18  be purchased under section 237.53, subdivision 3; and 
153.19     (4) inform the public and specifically the community of 
153.20  communication-impaired persons of the program.  
153.21     (b) The department commissioner may establish an advisory 
153.22  board to advise the department in carrying out the duties 
153.23  specified in this section and to advise the department of public 
153.24  service commissioner of commerce in carrying out its duties 
153.25  under section 237.54.  If so established, the advisory board 
153.26  must include, at a minimum, the following communication-impaired 
153.27  persons: 
153.28     (1) at least one member who is deaf; 
153.29     (2) at least one member who is speech impaired; 
153.30     (3) at least one member who is mobility impaired; and 
153.31     (4) at least one member who is hard-of-hearing. 
153.32     The membership terms, compensation, and removal of members 
153.33  and the filling of membership vacancies are governed by section 
153.34  15.059.  Advisory board meetings shall be held at the discretion 
153.35  of the commissioner. 
153.36     Sec. 63.  Minnesota Statutes 2000, section 237.52, 
154.1   subdivision 2, is amended to read: 
154.2      Subd. 2.  [ASSESSMENT.] The department of public 
154.3   service commissioner of commerce shall annually recommend to the 
154.4   commission an adequate and appropriate surcharge and budget to 
154.5   implement sections 237.50 to 237.56.  The public utilities 
154.6   commission shall review the budget for reasonableness and may 
154.7   modify the budget to the extent it is unreasonable.  The 
154.8   commission shall annually determine the funding mechanism to be 
154.9   used within 60 days of receipt of the recommendation of the 
154.10  department and shall order the imposition of surcharges 
154.11  effective on the earliest practicable date.  The commission 
154.12  shall establish a monthly charge no greater than 20 cents for 
154.13  each customer access line, including trunk equivalents as 
154.14  designated by the commission pursuant to section 403.11, 
154.15  subdivision 1. 
154.16     Sec. 64.  Minnesota Statutes 2000, section 237.52, 
154.17  subdivision 4, is amended to read: 
154.18     Subd. 4.  [APPROPRIATION.] Money in the fund is 
154.19  appropriated to the department of public service commissioner of 
154.20  commerce to implement sections 237.51 to 237.56. 
154.21     Sec. 65.  Minnesota Statutes 2000, section 237.52, 
154.22  subdivision 5, is amended to read: 
154.23     Subd. 5.  [EXPENDITURES.] Money in the fund may only be 
154.24  used for: 
154.25     (1) expenses of the department of public service commerce, 
154.26  including personnel cost, public relations, advisory board 
154.27  members' expenses, preparation of reports, and other reasonable 
154.28  expenses not to exceed ten percent of total program 
154.29  expenditures; 
154.30     (2) reimbursing the commissioner of human services for 
154.31  purchases made or services provided pursuant to section 237.53; 
154.32     (3) reimbursing telephone companies for purchases made or 
154.33  services provided under section 237.53, subdivision 5; and 
154.34     (4) contracting for establishment and operation of the 
154.35  telecommunication relay service required by section 237.54. 
154.36     All costs directly associated with the establishment of the 
155.1   program, the purchase and distribution of communication devices, 
155.2   and the establishment and operation of the telecommunication 
155.3   relay service are either reimbursable or directly payable from 
155.4   the fund after authorization by the department of public service 
155.5   commissioner of commerce.  The department of public 
155.6   service commissioner of commerce shall contract with the message 
155.7   relay service operator to indemnify the local exchange carriers 
155.8   of the relay service for any fines imposed by the Federal 
155.9   Communications Commission related to the failure of the relay 
155.10  service to comply with federal service standards.  
155.11  Notwithstanding section 16A.41, the department of public service 
155.12  commissioner may advance money to the contractor of the 
155.13  telecommunication relay service if the contractor establishes to 
155.14  the department's commissioner's satisfaction that the advance 
155.15  payment is necessary for the operation of the service.  The 
155.16  advance payment may be used only for working capital reserve for 
155.17  the operation of the service.  The advance payment must be 
155.18  offset or repaid by the end of the contract fiscal year together 
155.19  with interest accrued from the date of payment.  
155.20     Sec. 66.  Minnesota Statutes 2000, section 237.54, 
155.21  subdivision 2, is amended to read: 
155.22     Subd. 2.  [OPERATION.] The department of public 
155.23  service commissioner of commerce shall contract with a local 
155.24  consumer organization that serves communication-impaired persons 
155.25  for operation and maintenance of the telecommunication relay 
155.26  system.  The department commissioner may contract with other 
155.27  than a local consumer organization if no local consumer 
155.28  organization is available to enter into or perform a reasonable 
155.29  contract or the only available consumer organization fails to 
155.30  comply with terms of a contract.  The operator of the system 
155.31  shall keep all messages confidential, shall train personnel in 
155.32  the unique needs of communication-impaired people, and shall 
155.33  inform communication-impaired persons and the public of the 
155.34  availability and use of the system.  The operator shall not 
155.35  relay a message unless it originates or terminates through a 
155.36  communication device for the deaf or a Brailling device for use 
156.1   with a telephone. 
156.2      Sec. 67.  Minnesota Statutes 2000, section 237.55, is 
156.3   amended to read: 
156.4      237.55 [ANNUAL REPORT ON COMMUNICATION ACCESS.] 
156.5      The department of public service commissioner of commerce 
156.6   must prepare a report for presentation to the commission by 
156.7   January 31 of each year.  Each report must review the 
156.8   accessibility of the telephone system to communication-impaired 
156.9   persons, review the ability of non-communication-impaired 
156.10  persons to communicate with communication-impaired persons via 
156.11  the telephone system, describe services provided, account for 
156.12  money received and disbursed annually for each aspect of the 
156.13  program to date, and include predicted future operation. 
156.14     Sec. 68.  Minnesota Statutes 2000, section 237.59, 
156.15  subdivision 2, is amended to read: 
156.16     Subd. 2.  [PETITION.] (a) A telephone company, or the 
156.17  commission on its own motion, may petition to have a service of 
156.18  that telephone company classified as subject to effective 
156.19  competition or emerging competition.  The petition must be 
156.20  served on the commission, the department of public service, the 
156.21  office of the attorney general, and any other person designated 
156.22  by the commission.  The petition must contain at least: 
156.23     (1) a list of the known alternative providers of the 
156.24  service available to the company's customers; and 
156.25     (2) a description of affiliate relationships with any other 
156.26  provider of the service in the company's market. 
156.27     (b) At the time the company first offers a service, it 
156.28  shall also file a petition with the commission for a 
156.29  determination as to how the service should be classified.  In 
156.30  the event that no interested party or the commission objects to 
156.31  the company's proposed classification within 20 days of the 
156.32  filing of the petition, the company's proposed classification of 
156.33  the service is deemed approved.  If an objection is filed, the 
156.34  commission shall determine the appropriate classification after 
156.35  a hearing conducted pursuant to section 237.61.  In either 
156.36  event, the company may offer the new service to its customers 
157.1   ten days after the company files the price list and incremental 
157.2   cost study as provided in section 237.60, subdivision 2, 
157.3   paragraph (f). 
157.4      (c) A new service may be classified as subject to effective 
157.5   competition or emerging competition pursuant to the criteria set 
157.6   forth in subdivision 5.  A new service must be regulated under 
157.7   the emerging competition provisions if it is not integrally 
157.8   related to the provision of adequate local service or access to 
157.9   the telephone network or to the privacy, health, or safety of 
157.10  the company's customers, whether or not it meets the criteria 
157.11  set forth in subdivision 5. 
157.12     Sec. 69.  Minnesota Statutes 2000, section 237.768, is 
157.13  amended to read: 
157.14     237.768 [PERIODIC FINANCIAL REPORT.] 
157.15     In addition to the reports required under section 237.766, 
157.16  an alternative regulation plan may require a telephone company 
157.17  to file with the department an annual report of financial 
157.18  matters for the previous calendar year on or before May 1 of 
157.19  each year on report forms furnished by the department of public 
157.20  service in the same manner as is required of other telephone 
157.21  companies on August 1, 1995.  In addition, any company subject 
157.22  to a plan shall file with the commission and department a copy 
157.23  of any filings it has made to the Federal Communications 
157.24  Commission regarding the provisions of video programming 
157.25  provided through a video dial tone facility in Minnesota.  An 
157.26  alternative regulation plan may require a telephone company to 
157.27  maintain its accounts in accordance with the system of accounts 
157.28  prescribed for the company by the commission under section 
157.29  237.10. 
157.30     Sec. 70.  Minnesota Statutes 2000, section 239.01, is 
157.31  amended to read: 
157.32     239.01 [WEIGHTS AND MEASURES DIVISION; JURISDICTION.] 
157.33     The weights and measures division, referred to in this 
157.34  chapter as the division, is created under the jurisdiction of 
157.35  the department of public service commerce.  The division has 
157.36  supervision and control over all weights, weighing devices, and 
158.1   measures in the state. 
158.2      Sec. 71.  Minnesota Statutes 2000, section 239.10, is 
158.3   amended to read: 
158.4      239.10 [ANNUAL INSPECTION.] 
158.5      Subdivision 1.  [LIGHT CAPACITY SCALES; RETAIL 
158.6   ESTABLISHMENTS.] The director shall inspect light capacity 
158.7   scales in retail establishments such as grocery stores, other 
158.8   retail food establishments, or hardware stores, not more often 
158.9   than once every 36 months except when the owner requests an 
158.10  inspection, when the scale is inspected as part of an 
158.11  investigation, or when the scale has been repaired. 
158.12     Subd. 2.  [PACKAGED FOOD COMMODITIES.] The director shall 
158.13  inspect packaged food commodities in grocery stores and other 
158.14  retail food establishments not more often than once every 36 
158.15  months except when the owner requests an inspection or when 
158.16  packages are inspected as part of an investigation. 
158.17     Subd. 3.  [OTHER WEIGHTS AND MEASURES.] The director shall 
158.18  inspect all weights and measures, except those specified in 
158.19  subdivisions 1 and 2, annually, or as often as deemed possible 
158.20  within budget and staff limitations. 
158.21     Sec. 72.  Minnesota Statutes 2000, section 325E.11, is 
158.22  amended to read: 
158.23     325E.11 [COLLECTION FACILITIES; NOTICE.] 
158.24     (a) Any person selling at retail or offering motor oil or 
158.25  motor oil filters for retail sale in this state shall: 
158.26     (1) post a notice indicating the nearest location where 
158.27  used motor oil and used motor oil filters may be returned at no 
158.28  cost for recycling or reuse, post a toll-free telephone number 
158.29  that may be called by the public to determine a convenient 
158.30  location, or post a listing of locations where used motor oil 
158.31  and used motor oil filters may be returned at no cost for 
158.32  recycling or reuse; or 
158.33     (2) if the person is subject to section 325E.112, 
158.34  subdivision 1, paragraph (b), post a notice informing customers 
158.35  purchasing motor oil or motor oil filters of the location of the 
158.36  used motor oil and used motor oil filter collection site 
159.1   established by the retailer in accordance with section 325E.112, 
159.2   subdivision 1, paragraph (b), where used motor oil and used 
159.3   motor oil filters may be returned at no cost. 
159.4      (b) A notice under paragraph (a) shall be posted on or 
159.5   adjacent to the motor oil and motor oil filter displays, be at 
159.6   least 8-1/2 inches by 11 inches in size, contain the universal 
159.7   recycling symbol with the following language: 
159.8      (1) "It is illegal to put used oil and used motor oil 
159.9   filters in the garbage."; 
159.10     (2) "Recycle your used oil and used motor oil filters."; 
159.11  and 
159.12     (3)(i) "There is a free collection site here for your used 
159.13  oil and used motor oil filters."; 
159.14     (ii) "There is a free collection site for used oil and used 
159.15  motor oil filters located at (name of business and street 
159.16  address)."; 
159.17     (iii) "For the location of a free collection site for used 
159.18  oil and used motor oil filters call (toll-free phone number)."; 
159.19  or 
159.20     (iv) "Here is a list of free collection sites for used oil 
159.21  and used motor oil filters." 
159.22     (c) The division of weights and measures under in the 
159.23  department of public service commerce shall enforce compliance 
159.24  with this section as provided in section 239.54.  The pollution 
159.25  control agency shall enforce compliance with this section under 
159.26  sections 115.071 and 116.072 in coordination with the division 
159.27  of weights and measures. 
159.28     Sec. 73.  Minnesota Statutes 2000, section 325E.115, 
159.29  subdivision 2, is amended to read: 
159.30     Subd. 2.  [COMPLIANCE; MANAGEMENT.] The division of weights 
159.31  and measures under in the department of public service commerce 
159.32  shall enforce compliance of subdivision 1 as provided in section 
159.33  239.54.  The commissioner of the pollution control agency shall 
159.34  inform persons governed by subdivision 1 of requirements for 
159.35  managing lead acid batteries.  
159.36     Sec. 74.  Minnesota Statutes 2000, section 326.243, is 
160.1   amended to read: 
160.2      326.243 [SAFETY STANDARDS.] 
160.3      All electrical wiring, apparatus and equipment for electric 
160.4   light, heat and power, alarm and communication systems shall 
160.5   comply with the rules of the department of public service, the 
160.6   commissioner of commerce, or the department of labor and 
160.7   industry, as applicable, and be installed in conformity with 
160.8   accepted standards of construction for safety to life and 
160.9   property.  For the purposes of this chapter, the rules and 
160.10  safety standards stated at the time the work is done in the then 
160.11  most recently published edition of the National Electrical Code 
160.12  as adopted by the National Fire Protection Association, Inc. and 
160.13  approved by the American National Standards Institute, and the 
160.14  National Electrical Safety Code as published by the Institute of 
160.15  Electrical and Electronics Engineers, Inc. and approved by the 
160.16  American National Standards Institute, shall be prima facie 
160.17  evidence of accepted standards of construction for safety to 
160.18  life and property; provided further, that in the event a 
160.19  Minnesota Building Code is formulated pursuant to section 
160.20  16B.61, containing approved methods of electrical construction 
160.21  for safety to life and property, compliance with said methods of 
160.22  electrical construction of said Minnesota Building Code shall 
160.23  also constitute compliance with this section, and provided 
160.24  further, that nothing herein contained shall prohibit any 
160.25  political subdivision from making and enforcing more stringent 
160.26  requirements than set forth herein and such requirements shall 
160.27  be complied with by all licensed electricians working within the 
160.28  jurisdiction of such political subdivisions.  
160.29     Sec. 75.  Minnesota Statutes 2000, section 484.50, is 
160.30  amended to read: 
160.31     484.50 [SUMMONS; PLACE OF TRIAL; ST. LOUIS COUNTY.] 
160.32     A party wishing to have an appeal from an order of the 
160.33  department of public service public utilities commission, an 
160.34  election contest, a lien foreclosure, or a civil cause or 
160.35  proceeding of a kind commenced or appealed by a party in the 
160.36  court, tried in the city of Virginia shall, in the summons, 
161.1   notice of appeal in a matter, or other jurisdictional instrument 
161.2   issued, in addition to the usual provisions, print, stamp, or 
161.3   write thereon the words, "to be tried at the city of Virginia," 
161.4   and a party wishing a matter commenced or appealed by a party in 
161.5   the court tried at the city of Hibbing shall, in the summons, 
161.6   notice of appeal in a matter, or other jurisdictional instrument 
161.7   issued, in addition to the usual provisions, print, stamp, or 
161.8   write thereon the words, "to be tried at the city of Hibbing," 
161.9   and in a case where a summons, notice of appeal in a matter, or 
161.10  other jurisdictional instrument contains a specification, the 
161.11  case shall be tried at the city of Virginia, or the city of 
161.12  Hibbing, as the case may be, unless the defendant shall have the 
161.13  place of trial fixed in the manner specified in this section. 
161.14     If the place of trial designated is not the proper place of 
161.15  trial, as specified in sections 484.44 to 484.52, the cause 
161.16  shall nevertheless be tried in a place, unless the defendant, in 
161.17  an answer in addition to the other allegations of defense, shall 
161.18  plead the location of the defendant's residence, and demand that 
161.19  the action be tried at the place of holding the court nearest 
161.20  the defendant's residence, as provided in this section; and in a 
161.21  case where the answer of the defendant pleads the place of 
161.22  residence and makes a demand of place of trial, the plaintiff, 
161.23  in reply, may admit or deny the allegations of residence, and if 
161.24  the allegations of residence are not expressly denied, the case 
161.25  shall be tried at the place demanded by the defendant, and if 
161.26  the allegations of residence are denied, the place of trial 
161.27  shall be determined by the court on motion. 
161.28     If there are several defendants, residing at different 
161.29  places in a county, the trial shall be at the place in which the 
161.30  majority of the defendants unite in demanding, or if the numbers 
161.31  are equal, at the place nearest the residence of the majority of 
161.32  the defendants. 
161.33     The venue of an action may be changed from one of these 
161.34  places to another, by order of the court, in the following cases:
161.35     (1) Upon written consent of the parties; 
161.36     (2) When it appears, on motion, that a party has been made 
162.1   a defendant for the purpose of preventing a change of venue as 
162.2   provided in this section; 
162.3      (3) When an impartial trial cannot be held in the place 
162.4   where the action is pending; or 
162.5      (4) When the convenience of witnesses and the ends of 
162.6   justice would be promoted by the change. 
162.7      Application for a change under clause (2), (3), or (4), 
162.8   shall be made by motion which shall be returnable and heard at 
162.9   the place of commencement of the action. 
162.10     Sec. 76.  [INSTRUCTION TO REVISOR.] 
162.11     The revisor of statutes shall change the words "public 
162.12  service" to the word "commerce" in the following sections of 
162.13  Minnesota Statutes:  13.68; 13.681; 17A.04, subdivisions 6, 7, 
162.14  and 8; 17A.10, subdivision 1; 41A.09, subdivision 7; 116C.03, 
162.15  subdivision 2; 160.262, subdivision 3; 216A.085, subdivision 1; 
162.16  216B.241, subdivision 1; 237.295, subdivision 1; 237.662, 
162.17  subdivision 3; 237.70, subdivision 7; 239.05, subdivisions 6c, 
162.18  7a, 8, and 8c; 272.0211, subdivision 1; 296A.02, subdivision 1; 
162.19  308A.210, subdivisions 5 and 6; 325F.733, subdivision 7; and 
162.20  469.164, subdivision 2. 
162.21     Sec. 77.  [REPEALER.] 
162.22     Minnesota Statutes 2000, sections 216A.06; and 237.69, 
162.23  subdivision 3, are repealed. 
162.24     Sec. 78.  [EFFECTIVE DATE.] 
162.25     This article is effective July 1, 2001.