1.1                          A bill for an act 
  1.2             relating to appropriations; appropriating money for 
  1.3             transportation and other purposes; authorizing 
  1.4             issuance of state bonds; modifying provisions relating 
  1.5             to reverse auctions, wetland replacement, land 
  1.6             appraisal, archaeological or historic sites, 
  1.7             high-occupancy vehicle lanes, town line roads and 
  1.8             easements, major transportation projects commission, 
  1.9             advertisements for bids, city transit capital 
  1.10            improvement projects in metropolitan area, bus rapid 
  1.11            transit and other transit, local government permits, 
  1.12            and other transportation-related activities; providing 
  1.13            for fees, accounts, transfers, fund allocations, and 
  1.14            expenditures; modifying provisions regulating speed 
  1.15            limits, vehicle insurance requirements, essential 
  1.16            employee status, the capitol complex security 
  1.17            oversight committee, and other activities related to 
  1.18            public safety; authorizing administrative powers, 
  1.19            penalties, and remedies for public safety purposes; 
  1.20            requiring studies and reports; making technical and 
  1.21            clarifying changes; amending Minnesota Statutes 2002, 
  1.22            sections 13.44, subdivision 3; 16C.10, subdivision 7; 
  1.23            103G.222, subdivisions 1, 3; 138.40, subdivisions 2, 
  1.24            3; 160.28, by adding a subdivision; 161.08; 161.20, 
  1.25            subdivision 3; 164.12; 168.12, subdivision 5; 168.54, 
  1.26            subdivision 4; 168A.29, subdivision 1; 169.14, by 
  1.27            adding a subdivision; 169.791, subdivision 1; 169.796, 
  1.28            by adding a subdivision; 169.797, subdivision 4a; 
  1.29            169.798, subdivision 1, by adding a subdivision; 
  1.30            171.20, subdivision 4; 171.29, subdivision 2; 174.55, 
  1.31            subdivision 2; 179A.03, subdivision 7; 179A.10, 
  1.32            subdivision 2; 297B.09, subdivision 1; 299A.465, 
  1.33            subdivision 4; 299E.03, subdivision 3; 471.345, 
  1.34            subdivision 14; Laws 1999, chapter 238, article 1, 
  1.35            section 2, subdivision 2; Laws 2001, First Special 
  1.36            Session chapter 8, article 1, section 2, subdivision 
  1.37            2; proposing coding for new law in Minnesota Statutes, 
  1.38            chapters 117; 160; 299A; 331A; 373; 414; 473; 
  1.39            repealing Minnesota Statutes 2002, sections 16A.88, 
  1.40            subdivision 3; 169.794; 169.799; Minnesota Rules, 
  1.41            parts 7403.1300; 7413.0400; 7413.0500. 
  1.42  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.43                             ARTICLE 1 
  2.1                            APPROPRIATIONS 
  2.2                  TRANSPORTATION AND OTHER AGENCIES 
  2.3   Section 1.  [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 
  2.4      The sums shown in the columns marked "APPROPRIATIONS" are 
  2.5   appropriated from the general fund, or another named fund, to 
  2.6   the agencies and for the purposes specified in this article, to 
  2.7   be available for the fiscal years indicated for each purpose.  
  2.8   The figures "2004" and "2005," where used in this article, mean 
  2.9   that the appropriations listed under them are available for the 
  2.10  year ending June 30, 2004, or June 30, 2005, respectively.  If 
  2.11  the figures are not used, the appropriations are available for 
  2.12  the year ending June 30, 2004, or June 30, 2005, respectively.  
  2.13  The term "first year" means the year ending June 30, 2004, and 
  2.14  the term "second year" means the year ending June 30, 2005. 
  2.15                          SUMMARY BY FUND
  2.16                            2004          2005           TOTAL
  2.17  General            $   78,949,000 $   79,805,000 $  158,794,000
  2.18  Airports               19,558,000     19,558,000     39,116,000
  2.19  C.S.A.H.              425,687,000    443,298,000    868,985,000
  2.20  M.S.A.S.              112,186,000    114,557,000    226,743,000
  2.21  Special Revenue           994,000        994,000      1,988,000
  2.22  Highway User           12,336,000     12,336,000     24,672,000
  2.23  Trunk Highway       1,191,962,000  1,262,396,000  2,454,358,000
  2.24  TOTAL              $1,841,702,000 $1,922,944,000 $3,764,586,000
  2.25                                             APPROPRIATIONS 
  2.26                                         Available for the Year 
  2.27                                             Ending June 30 
  2.28                                            2004         2005 
  2.29  Sec. 2.  TRANSPORTATION
  2.30  Subdivision 1.  Total 
  2.31  Appropriation                     $1,670,825,000 $1,751,242,000
  2.32  The appropriations in this section are 
  2.33  from the trunk highway fund, except 
  2.34  when another fund is named. 
  2.35                Summary by Fund
  2.36                           2004          2005  
  2.37  General              16,220,000    16,221,000
  2.38  Airports             19,508,000    19,508,000
  2.39  C.S.A.H.            425,687,000   433,298,000
  3.1   M.S.A.S.            112,186,000   114,557,000
  3.2   Trunk Highway     1,097,224,000 1,167,658,000
  3.3   The amounts that may be spent from this 
  3.4   appropriation for each program are 
  3.5   specified in the following subdivisions.
  3.6   Subd. 2.  Multimodal Systems          41,648,000     41,649,000 
  3.7                 Summary by Fund
  3.8   Airports             19,483,000    19,483,000
  3.9   General              16,155,000    16,156,000
  3.10  Trunk Highway         6,010,000     6,010,000
  3.11  The amounts that may be spent from this 
  3.12  appropriation for each activity are as 
  3.13  follows: 
  3.14  (a) Aeronautics  
  3.15      20,495,000     20,495,000 
  3.16                Summary by Fund
  3.17  Airports             19,483,000    19,483,000
  3.18  Trunk Highway         1,012,000     1,012,000
  3.19  Except as otherwise provided, the 
  3.20  appropriations in this subdivision are 
  3.21  from the state airports fund. 
  3.22  (1) Airport Development 
  3.23  and Assistance 
  3.24      14,298,000     14,298,000 
  3.25  These appropriations must be spent 
  3.26  according to Minnesota Statutes, 
  3.27  section 360.305, subdivision 4. 
  3.28  Notwithstanding Minnesota Statutes, 
  3.29  section 16A.28, subdivision 6, funds 
  3.30  are available for five years after 
  3.31  appropriation. 
  3.32  If the appropriation for either year is 
  3.33  insufficient, the appropriation for the 
  3.34  other year is available for it. 
  3.35  (2) Aviation Support and Services 
  3.36                Summary by Fund
  3.37  Airports              5,185,000     5,185,000
  3.38  Trunk Highway         1,012,000     1,012,000
  3.39  $165,000 the first year and $165,000 
  3.40  the second year are for the civil air 
  3.41  patrol. 
  3.42  (b) Transit                 
  3.43      15,957,000     15,958,000 
  3.44                Summary by Fund
  4.1   General              15,809,000    15,810,000
  4.2   Trunk Highway           148,000       148,000
  4.3   (c) Freight       
  4.4        1,569,000      1,569,000 
  4.5                 Summary by Fund
  4.6   General                 220,000       220,000
  4.7   Trunk Highway         1,349,000     1,349,000
  4.8   Notwithstanding Minnesota Statutes, 
  4.9   section 222.49, after July 1, 2003, and 
  4.10  before June 30, 2004, the commissioner 
  4.11  of finance shall transfer $3,200,000 
  4.12  from the rail service improvement 
  4.13  account in the special revenue fund to 
  4.14  the debt service fund. 
  4.15  Notwithstanding Minnesota Statutes, 
  4.16  section 222.49, after July 1, 2004, and 
  4.17  before June 30, 2005, the commissioner 
  4.18  of finance shall transfer $3,200,000 
  4.19  from the rail service improvement 
  4.20  account in the special revenue fund to 
  4.21  the debt service fund.  
  4.22  (d) Commercial Vehicles 
  4.23       3,627,000      3,627,000 
  4.24                Summary by Fund
  4.25  General                 126,000       126,000
  4.26  Trunk Highway         3,501,000     3,501,000
  4.27  Subd. 3.  State Roads              1,039,324,000  1,109,758,000 
  4.28                Summary by Fund
  4.29  General                   9,000         9,000
  4.30  Trunk Highway     1,039,315,000 1,109,749,000
  4.31  The amounts that may be spent from this 
  4.32  appropriation for each activity are as 
  4.33  follows: 
  4.34  (a) Infrastructure Investment and Planning
  4.35     836,593,000    907,027,000 
  4.36  $266,000 the first year and $266,000 
  4.37  the second year are available for 
  4.38  grants to metropolitan planning 
  4.39  organizations outside the seven-county 
  4.40  metropolitan area. 
  4.41  $75,000 the first year and $75,000 the 
  4.42  second year are for a transportation 
  4.43  research contingent account to finance 
  4.44  research projects that are reimbursable 
  4.45  from the federal government or from 
  4.46  other sources.  If the appropriation 
  4.47  for either year is insufficient, the 
  4.48  appropriation for the other year is 
  4.49  available for it. 
  5.1   $600,000 the first year and $600,000 
  5.2   the second year are available for 
  5.3   grants for transportation studies 
  5.4   outside the metropolitan area to 
  5.5   identify critical concerns, problems, 
  5.6   and issues.  These grants are available 
  5.7   (1) to regional development 
  5.8   commissions, and (2) in regions where 
  5.9   no regional development commission is 
  5.10  functioning, to joint powers boards 
  5.11  established under agreement of two or 
  5.12  more political subdivisions in the 
  5.13  region to exercise the planning 
  5.14  functions of a regional development 
  5.15  commission, and (3) in regions where no 
  5.16  regional development commission or 
  5.17  joint powers board is functioning, to 
  5.18  the department's district office for 
  5.19  that region. 
  5.20  (1) State Road Construction  
  5.21     635,457,000    685,450,000 
  5.22  It is estimated that these 
  5.23  appropriations will be funded as 
  5.24  follows: 
  5.25  Federal Highway Aid         
  5.26     325,000,000    375,000,000 
  5.27  Highway User Taxes           
  5.28     310,457,000    310,457,000 
  5.29  The commissioner of transportation 
  5.30  shall notify the chair of the 
  5.31  transportation budget division of the 
  5.32  senate and the chair of the 
  5.33  transportation finance committee of the 
  5.34  house of representatives of any 
  5.35  significant events that should cause 
  5.36  these estimates to change. 
  5.37  This appropriation is for the actual 
  5.38  construction, reconstruction, and 
  5.39  improvement of trunk highways including 
  5.40  consultant usage to support these 
  5.41  activities.  This includes the cost of 
  5.42  actual payment to landowners for lands 
  5.43  acquired for highway rights-of-way, 
  5.44  payment to lessees, interest subsidies, 
  5.45  and relocation expenses. 
  5.46  The commissioner may transfer up to 
  5.47  $15,000,000 each year to the 
  5.48  transportation revolving loan fund. 
  5.49  The commissioner may receive money 
  5.50  covering other shares of the cost of 
  5.51  partnership projects.  These receipts 
  5.52  are appropriated to the commissioner 
  5.53  for these projects. 
  5.54  (2) Highway Debt Service     
  5.55      40,149,000     60,583,000 
  5.56  $33,640,000 the first year and 
  5.57  $54,012,000 the second year are for 
  6.1   transfer to the state bond fund.  If 
  6.2   this appropriation is insufficient to 
  6.3   make all transfers required in the year 
  6.4   for which it is made, the commissioner 
  6.5   of finance shall notify the committee 
  6.6   on state government finance of the 
  6.7   senate and the committee on ways and 
  6.8   means of the house of representatives 
  6.9   of the amount of the deficiency and 
  6.10  shall then transfer that amount under 
  6.11  the statutory open appropriation.  Any 
  6.12  excess appropriation cancels to the 
  6.13  trunk highway fund. 
  6.14  (b) Infrastructure Operations
  6.15  and Maintenance
  6.16     197,741,000    197,741,000 
  6.17  (c) Electronic Communications
  6.18       4,990,000      4,990,000 
  6.19                Summary by Fund
  6.20  General                   9,000         9,000
  6.21  Trunk Highway         4,981,000     4,981,000
  6.22  $9,000 the first year and $9,000 the 
  6.23  second year are from the general fund 
  6.24  for equipment and operation of the 
  6.25  Roosevelt signal tower for Lake of the 
  6.26  Woods weather broadcasting. 
  6.27  Subd. 4.  Local Roads                537,873,000    547,855,000 
  6.28                Summary by Fund
  6.29  C.S.A.H.            425,687,000   433,298,000
  6.30  M.S.A.S.            112,186,000   114,557,000
  6.31  The amounts that may be spent from this 
  6.32  appropriation for each activity are as 
  6.33  follows: 
  6.34  (a) County State Aids 
  6.35     425,687,000    433,298,000 
  6.36  This appropriation is from the county 
  6.37  state-aid highway fund and is available 
  6.38  until spent. 
  6.39  (b) Municipal State Aids     
  6.40     112,186,000     114,557,000
  6.41  This appropriation is from the 
  6.42  municipal state-aid street fund and is 
  6.43  available until spent. 
  6.44  If an appropriation for either county 
  6.45  state aids or municipal state aids does 
  6.46  not exhaust the balance in the fund 
  6.47  from which it is made in the year for 
  6.48  which it is made, the commissioner of 
  6.49  finance, upon request of the 
  6.50  commissioner of transportation, shall 
  6.51  notify the chair of the transportation 
  7.1   finance committee of the house of 
  7.2   representatives and the chair of the 
  7.3   transportation budget division of the 
  7.4   senate of the amount of the remainder 
  7.5   and shall then add that amount to the 
  7.6   appropriation.  The amount added is 
  7.7   appropriated for the purposes of county 
  7.8   state aids or municipal state aids, as 
  7.9   appropriate. 
  7.10  Subd. 5.  General Support   
  7.11  and Services                          51,980,000     51,980,000 
  7.12                Summary by Fund
  7.13  General                  56,000        56,000
  7.14  Airports                 25,000        25,000
  7.15  Trunk Highway        51,899,000    51,899,000
  7.16  The amounts that may be spent from this 
  7.17  appropriation for each activity are as 
  7.18  follows: 
  7.19  (a) Department Support
  7.20      38,653,000     38,653,000 
  7.21                Summary by Fund
  7.22  Airports                 25,000        25,000
  7.23  Trunk Highway        38,628,000    38,628,000
  7.24  (b) Buildings 
  7.25      13,327,000     13,327,000 
  7.26                Summary by Fund
  7.27  General                  56,000        56,000
  7.28  Trunk Highway        13,271,000    13,271,000
  7.29  If the appropriation for either year is 
  7.30  insufficient, the appropriation for the 
  7.31  other year is available for it. 
  7.32  Subd. 6.  Transfers                                             
  7.33  (a) With the approval of the 
  7.34  commissioner of finance, the 
  7.35  commissioner of transportation may 
  7.36  transfer unencumbered balances among 
  7.37  the appropriations from the trunk 
  7.38  highway fund and the state airports 
  7.39  fund made in this section.  No transfer 
  7.40  may be made from the appropriation for 
  7.41  state road construction.  No transfer 
  7.42  may be made from the appropriations for 
  7.43  debt service to any other appropriation.
  7.44  Transfers under this paragraph may not 
  7.45  be made between funds.  Transfers 
  7.46  between programs must be reported 
  7.47  immediately to the chair of the 
  7.48  transportation budget division of the 
  7.49  senate and the chair of the 
  7.50  transportation finance committee of the 
  7.51  house of representatives. 
  8.1   (b) The commissioner of finance shall 
  8.2   transfer from the flexible account in 
  8.3   the county state-aid highway fund 
  8.4   $14,400,000 the first year and 
  8.5   $8,300,000 the second year to the 
  8.6   municipal turnback account in the 
  8.7   municipal state-aid street fund, and 
  8.8   the remainder in each year to the 
  8.9   county turnback account in the county 
  8.10  state-aid highway fund. 
  8.11  Subd. 7.  Use of State Road 
  8.12  Construction Appropriations         
  8.13  Any money appropriated to the 
  8.14  commissioner of transportation for 
  8.15  state road construction for any fiscal 
  8.16  year before fiscal year 2003 is 
  8.17  available to the commissioner during 
  8.18  fiscal years 2004 and 2005 to the 
  8.19  extent that the commissioner spends the 
  8.20  money on the state road construction 
  8.21  project for which the money was 
  8.22  originally encumbered during the fiscal 
  8.23  year for which it was appropriated.  
  8.24  The commissioner of transportation 
  8.25  shall report to the commissioner of 
  8.26  finance by August 1, 2003, and August 
  8.27  1, 2004, on a form the commissioner of 
  8.28  finance provides, on expenditures made 
  8.29  during the previous fiscal year that 
  8.30  are authorized by this subdivision. 
  8.31  Subd. 8.  Contingent Appropriation                              
  8.32  The commissioner of transportation, 
  8.33  with the approval of the governor after 
  8.34  review by the legislative advisory 
  8.35  commission under Minnesota Statutes, 
  8.36  section 3.30, may transfer all or part 
  8.37  of the unappropriated balance in the 
  8.38  trunk highway fund to an appropriation 
  8.39  (1) for trunk highway design, 
  8.40  construction, or inspection in order to 
  8.41  take advantage of an unanticipated 
  8.42  receipt of income to the trunk highway 
  8.43  fund or to take advantage of Federal 
  8.44  Advanced Construction funding, (2) for 
  8.45  trunk highway maintenance in order to 
  8.46  meet an emergency, or (3) to pay tort 
  8.47  or environmental claims.  Any transfer 
  8.48  as a result of the use of Federal 
  8.49  Advanced Construction funding must 
  8.50  include an analysis of the effects on 
  8.51  the long-term trunk highway fund 
  8.52  balance.  The amount transferred is 
  8.53  appropriated for the purpose of the 
  8.54  account to which it is transferred. 
  8.55  Sec. 3.  METROPOLITAN COUNCIL
  8.56  TRANSIT                               55,693,000     56,573,000 
  8.57  (a) The agency's budget base for fiscal 
  8.58  year 2006 is $56,693,000 and for fiscal 
  8.59  year 2007 is $57,693,000. 
  8.60  (b) Bus Transit
  8.61      53,453,000     53,453,000 
  8.62  This appropriation is for bus system 
  9.1   operations. 
  9.2   (c) Rail Operations
  9.3        2,240,000      3,120,000 
  9.4   This appropriation is for operations of 
  9.5   the Hiawatha LRT line.  The base for 
  9.6   rail operations for fiscal year 2006 is 
  9.7   $3,240,000 and for fiscal year 2007 is 
  9.8   $4,240,000. 
  9.9   This appropriation is for paying 40 
  9.10  percent of operating costs for the 
  9.11  Hiawatha light rail transit line after 
  9.12  operating revenue and federal funds 
  9.13  used for light rail transit operations. 
  9.14  The remaining costs are to be paid as 
  9.15  follows: 
  9.16  (1) 40 percent by the Hennepin county 
  9.17  regional rail authority from its 
  9.18  reserves; and 
  9.19  (2) 20 percent by the cities of 
  9.20  Minneapolis and Bloomington in 
  9.21  proportion to the miles of the line 
  9.22  located in each city and in operation. 
  9.23  Sec. 4.  PUBLIC SAFETY
  9.24  Subdivision 1.  Total
  9.25  Appropriation                        114,149,000    114,154,000
  9.26                Summary by Fund
  9.27  General               7,006,000     7,011,000
  9.28  Trunk Highway        93,938,000    93,938,000
  9.29  Highway User         12,211,000    12,211,000
  9.30  Special Revenue         994,000       994,000
  9.31  Subd. 2.  Administration 
  9.32  and Related Services                   9,684,000      9,689,000 
  9.33                Summary by Fund
  9.34  General               2,361,000     2,366,000
  9.35  Trunk Highway         5,938,000     5,938,000
  9.36  Highway User          1,385,000     1,385,000
  9.37  (a) Office of Communications 
  9.38         385,000        385,000 
  9.39                Summary by Fund
  9.40  General                  39,000        39,000
  9.41  Trunk Highway           346,000       346,000
  9.42  (b) Public Safety Support 
  9.43       6,845,000      6,850,000 
  9.44                Summary by Fund
 10.1   General               2,231,000     2,236,000
 10.2   Trunk Highway         3,248,000     3,248,000
 10.3   Highway User          1,366,000     1,366,000
 10.4   $365,000 the first year and $370,000 
 10.5   the second year are for payment of 
 10.6   public safety officer survivor benefits 
 10.7   under Minnesota Statutes, section 
 10.8   299A.44.  If the appropriation for 
 10.9   either year is insufficient, the 
 10.10  appropriation for the other year is 
 10.11  available for it.  The base for fiscal 
 10.12  year 2006 is $375,000 and for fiscal 
 10.13  year 2007 is $380,000. 
 10.14  $314,000 the first year and $314,000 
 10.15  the second year are to be deposited in 
 10.16  the public safety officer's benefit 
 10.17  account.  This money is available for 
 10.18  reimbursements under Minnesota 
 10.19  Statutes, section 299A.465.  
 10.20  $508,000 the first year and $508,000 
 10.21  the second year are for soft body armor 
 10.22  reimbursements under Minnesota 
 10.23  Statutes, section 299A.38. 
 10.24  $792,000 the first year and $792,000 
 10.25  the second year are appropriated from 
 10.26  the general fund for transfer by the 
 10.27  commissioner of finance to the trunk 
 10.28  highway fund on December 31, 2003, and 
 10.29  December 31, 2004, respectively, in 
 10.30  order to reimburse the trunk highway 
 10.31  fund for expenses not related to the 
 10.32  fund.  These represent amounts 
 10.33  appropriated out of the trunk highway 
 10.34  fund for general fund purposes in the 
 10.35  administration and related services 
 10.36  program. 
 10.37  $610,000 the first year and $610,000 
 10.38  the second year are appropriated from 
 10.39  the highway user tax distribution fund 
 10.40  for transfer by the commissioner of 
 10.41  finance to the trunk highway fund on 
 10.42  December 31, 2003, and December 31, 
 10.43  2004, respectively, in order to 
 10.44  reimburse the trunk highway fund for 
 10.45  expenses not related to the fund.  
 10.46  These represent amounts appropriated 
 10.47  out of the trunk highway fund for 
 10.48  highway user tax distribution fund 
 10.49  purposes in the administration and 
 10.50  related services program. 
 10.51  $716,000 the first year and $716,000 
 10.52  the second year are appropriated from 
 10.53  the highway user tax distribution fund 
 10.54  for transfer by the commissioner of 
 10.55  finance to the general fund on December 
 10.56  31, 2001, and December 31, 2002, 
 10.57  respectively, in order to reimburse the 
 10.58  general fund for expenses not related 
 10.59  to the fund.  These represent amounts 
 10.60  appropriated out of the general fund 
 10.61  for operation of the criminal justice 
 10.62  data network related to driver and 
 10.63  motor vehicle licensing. 
 11.1   (c) Technical Support Services
 11.2        2,454,000      2,454,000 
 11.3                 Summary by Fund
 11.4   General                  91,000        91,000
 11.5   Trunk Highway         2,344,000     2,344,000
 11.6   Highway User             19,000        19,000
 11.7   Subd. 3.  State Patrol                66,332,000     66,332,000 
 11.8                 Summary by Fund
 11.9   General               2,871,000     2,871,000
 11.10  Trunk Highway        63,369,000    63,369,000
 11.11  Highway User             92,000        92,000
 11.12  (a) Patrolling Highways      
 11.13      57,024,000     57,024,000 
 11.14                Summary by Fund
 11.15  General                  37,000        37,000
 11.16  Trunk Highway        56,895,000    56,895,000
 11.17  Highway User             92,000        92,000
 11.18  (b) Commercial Vehicle Enforcement
 11.19       6,474,000      6,474,000 
 11.20  This appropriation is from the trunk 
 11.21  highway fund. 
 11.22  (c) Capitol Security         
 11.23       2,834,000      2,834,000 
 11.24  Subd. 4.  Driver and Vehicle Services
 11.25      36,815,000     36,815,000 
 11.26                Summary by Fund
 11.27  General               1,774,000     1,774,000
 11.28  Trunk Highway        24,307,000    24,307,000
 11.29  Highway User         10,734,000    10,734,000
 11.30  (a) Vehicle Services         
 11.31      12,452,000     12,452,000 
 11.32                Summary by Fund
 11.33  General               1,718,000     1,718,000
 11.34  Highway User         10,734,000    10,734,000
 11.35  (b) Driver Services          
 11.36      24,363,000     24,363,000 
 12.1                 Summary by Fund
 12.2   General                  56,000        56,000
 12.3   Trunk Highway        24,307,000    24,307,000
 12.4   Subd. 5.  Traffic Safety                 324,000        324,000 
 12.5   This appropriation is from the trunk 
 12.6   highway fund. 
 12.7   The commissioners of public safety and 
 12.8   transportation shall jointly report 
 12.9   annually to the chairs and ranking 
 12.10  minority members of the house of 
 12.11  representatives and senate committees 
 12.12  having jurisdiction over transportation 
 12.13  and public safety finance issues on the 
 12.14  expenditure of any federal funds 
 12.15  available under the repeat offender 
 12.16  transfer program, Public Law 105-206, 
 12.17  section 164. 
 12.18  Subd. 6.  Pipeline Safety                994,000        994,000 
 12.19  This appropriation is from the pipeline 
 12.20  safety account in the special revenue 
 12.21  fund. 
 12.22  Sec. 5.  GENERAL CONTINGENT 
 12.23  ACCOUNTS                                 375,000        375,000 
 12.24                Summary by Fund
 12.25  Trunk Highway           200,000       200,000
 12.26  Highway User            125,000       125,000
 12.27  Airports                 50,000        50,000
 12.28  The appropriations in this section may 
 12.29  only be spent with the approval of the 
 12.30  governor after consultation with the 
 12.31  legislative advisory commission 
 12.32  pursuant to Minnesota Statutes, section 
 12.33  3.30. 
 12.34  If an appropriation in this section for 
 12.35  either year is insufficient, the 
 12.36  appropriation for the other year is 
 12.37  available for it. 
 12.38  Sec. 6.  TORT CLAIMS                     600,000        600,000 
 12.39  To be spent by the commissioner of 
 12.40  finance. 
 12.41  This appropriation is from the trunk 
 12.42  highway fund. 
 12.43  If the appropriation for either year is 
 12.44  insufficient, the appropriation for the 
 12.45  other year is available for it. 
 12.46                             ARTICLE 2 
 12.47              OTHER CHANGES RELATED TO TRANSPORTATION
 12.48                         AND PUBLIC SAFETY 
 12.49     Section 1.  Minnesota Statutes 2002, section 13.44, 
 13.1   subdivision 3, is amended to read: 
 13.2      Subd. 3.  [REAL PROPERTY; APPRAISAL DATA.] (a) [ 
 13.3   CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 
 13.4   appraised values of individual parcels of real property which 
 13.5   are made by personnel of the state, its agencies and 
 13.6   departments, or a political subdivision or by independent 
 13.7   appraisers acting for the state, its agencies and departments, 
 13.8   or a political subdivision for the purpose of selling or 
 13.9   acquiring land through purchase or condemnation are classified 
 13.10  as confidential data on individuals or protected nonpublic data. 
 13.11     (b)  [PUBLIC DATA.] The data made confidential or protected 
 13.12  nonpublic by the provisions of paragraph (a) shall become public 
 13.13  upon the occurrence of any of the following:  
 13.14     (1) the negotiating parties exchange appraisals; 
 13.15     (2) the data are submitted to a court appointed 
 13.16  condemnation commissioner; 
 13.17     (3) the data are presented in court in condemnation 
 13.18  proceedings; or 
 13.19     (4) the negotiating parties enter into an agreement for the 
 13.20  purchase and sale of the property; or 
 13.21     (5) the data are submitted to the owner under section 
 13.22  117.036. 
 13.23     Sec. 2.  Minnesota Statutes 2002, section 16C.10, 
 13.24  subdivision 7, is amended to read: 
 13.25     Subd. 7.  [REVERSE AUCTION.] (a) For the purpose of this 
 13.26  subdivision, "reverse auction" means a purchasing process in 
 13.27  which vendors compete to provide goods or services at the lowest 
 13.28  selling price in an open and interactive environment. 
 13.29     (b) The provisions of section 16C.06, subdivisions 2 and 3, 
 13.30  do not apply when the commissioner determines that a reverse 
 13.31  auction is the appropriate purchasing process. 
 13.32     (c) Notwithstanding any other law, the commissioner of 
 13.33  transportation may not award contracts for highway construction 
 13.34  or engineering services using a reverse auction process. 
 13.35     Sec. 3.  Minnesota Statutes 2002, section 103G.222, 
 13.36  subdivision 1, is amended to read: 
 14.1      Subdivision 1.  [REQUIREMENTS.] (a) Wetlands must not be 
 14.2   drained or filled, wholly or partially, unless replaced by 
 14.3   restoring or creating wetland areas of at least equal public 
 14.4   value under a replacement plan approved as provided in section 
 14.5   103G.2242, a replacement plan under a local governmental unit's 
 14.6   comprehensive wetland protection and management plan approved by 
 14.7   the board under section 103G.2243, or, if a permit to mine is 
 14.8   required under section 93.481, under a mining reclamation plan 
 14.9   approved by the commissioner under the permit to mine.  Mining 
 14.10  reclamation plans shall apply the same principles and standards 
 14.11  for replacing wetlands by restoration or creation of wetland 
 14.12  areas that are applicable to mitigation plans approved as 
 14.13  provided in section 103G.2242.  Public value must be determined 
 14.14  in accordance with section 103B.3355 or a comprehensive wetland 
 14.15  protection and management plan established under section 
 14.16  103G.2243.  Sections 103G.221 to 103G.2372 also apply to 
 14.17  excavation in permanently and semipermanently flooded areas of 
 14.18  types 3, 4, and 5 wetlands. 
 14.19     (b) Replacement must be guided by the following principles 
 14.20  in descending order of priority: 
 14.21     (1) avoiding the direct or indirect impact of the activity 
 14.22  that may destroy or diminish the wetland; 
 14.23     (2) minimizing the impact by limiting the degree or 
 14.24  magnitude of the wetland activity and its implementation; 
 14.25     (3) rectifying the impact by repairing, rehabilitating, or 
 14.26  restoring the affected wetland environment; 
 14.27     (4) reducing or eliminating the impact over time by 
 14.28  preservation and maintenance operations during the life of the 
 14.29  activity; 
 14.30     (5) compensating for the impact by restoring a wetland; and 
 14.31     (6) compensating for the impact by replacing or providing 
 14.32  substitute wetland resources or environments. 
 14.33     For a project involving the draining or filling of wetlands 
 14.34  in an amount not exceeding 10,000 square feet more than the 
 14.35  applicable amount in section 103G.2241, subdivision 9, paragraph 
 14.36  (a), the local government unit may make an on-site sequencing 
 15.1   determination without a written alternatives analysis from the 
 15.2   applicant. 
 15.3      (c) If a wetland is located in a cultivated field, then 
 15.4   replacement must be accomplished through restoration only 
 15.5   without regard to the priority order in paragraph (b), provided 
 15.6   that a deed restriction is placed on the altered wetland 
 15.7   prohibiting nonagricultural use for at least ten years.  
 15.8      (d) Restoration and replacement of wetlands must be 
 15.9   accomplished in accordance with the ecology of the landscape 
 15.10  area affected. 
 15.11     (e) Except as provided in paragraph (f), for a wetland or 
 15.12  public waters wetland located on nonagricultural land, 
 15.13  replacement must be in the ratio of two acres of replaced 
 15.14  wetland for each acre of drained or filled wetland. 
 15.15     (f) For a wetland or public waters wetland located on 
 15.16  agricultural land or in a greater than 80 percent area, 
 15.17  replacement must be in the ratio of one acre of replaced wetland 
 15.18  for each acre of drained or filled wetland.  
 15.19     (g) For a wetland or public waters wetland impacted by a 
 15.20  public transportation project located in a 50 to 80 percent 
 15.21  area, the replacement must be in a ratio of 1-1/2 acres of 
 15.22  replaced wetland for each acre of drained or filled wetland. 
 15.23     (h) Wetlands that are restored or created as a result of an 
 15.24  approved replacement plan are subject to the provisions of this 
 15.25  section for any subsequent drainage or filling. 
 15.26     (h) (i) Except in a greater than 80 percent area, only 
 15.27  wetlands that have been restored from previously drained or 
 15.28  filled wetlands, wetlands created by excavation in nonwetlands, 
 15.29  wetlands created by dikes or dams along public or private 
 15.30  drainage ditches, or wetlands created by dikes or dams 
 15.31  associated with the restoration of previously drained or filled 
 15.32  wetlands may be used in a statewide banking program established 
 15.33  in rules adopted under section 103G.2242, subdivision 1.  
 15.34  Modification or conversion of nondegraded naturally occurring 
 15.35  wetlands from one type to another are not eligible for 
 15.36  enrollment in a statewide wetlands bank. 
 16.1      (i) (j) The technical evaluation panel established under 
 16.2   section 103G.2242, subdivision 2, shall ensure that sufficient 
 16.3   time has occurred for the wetland to develop wetland 
 16.4   characteristics of soils, vegetation, and hydrology before 
 16.5   recommending that the wetland be deposited in the statewide 
 16.6   wetland bank.  If the technical evaluation panel has reason to 
 16.7   believe that the wetland characteristics may change 
 16.8   substantially, the panel shall postpone its recommendation until 
 16.9   the wetland has stabilized. 
 16.10     (j) (k) This section and sections 103G.223 to 103G.2242, 
 16.11  103G.2364, and 103G.2365 apply to the state and its departments 
 16.12  and agencies. 
 16.13     (k) (l) For projects involving draining or filling of 
 16.14  wetlands associated with a new public transportation project in 
 16.15  a greater than 80 percent area, public transportation 
 16.16  authorities, other than the state department of transportation, 
 16.17  may purchase credits from the state wetland bank established 
 16.18  with proceeds from Laws 1994, chapter 643, section 26, 
 16.19  subdivision 3, paragraph (c).  Wetland banking credits may be 
 16.20  purchased at the least of the following, but in no case shall 
 16.21  the purchase price be less than $400 per acre:  (1) the cost to 
 16.22  the state to establish the credits; (2) the average estimated 
 16.23  market value of agricultural land in the township where the road 
 16.24  project is located, as determined by the commissioner of 
 16.25  revenue; or (3) the average value of the land in the immediate 
 16.26  vicinity of the road project as determined by the county 
 16.27  assessor.  Public transportation authorities in a less than 80 
 16.28  percent area may purchase credits from the state at the cost to 
 16.29  the state to establish credits. 
 16.30     (l) (m) A replacement plan for wetlands is not required for 
 16.31  individual projects that result in the filling or draining of 
 16.32  wetlands for the repair, rehabilitation, reconstruction, or 
 16.33  replacement of a currently serviceable existing state, city, 
 16.34  county, or town public road necessary, as determined by the 
 16.35  public transportation authority, to meet state or federal design 
 16.36  or safety standards or requirements, excluding new roads or 
 17.1   roads expanded solely for additional traffic capacity lanes.  
 17.2   This paragraph only applies to authorities for public 
 17.3   transportation projects that: 
 17.4      (1) minimize the amount of wetland filling or draining 
 17.5   associated with the project and consider mitigating important 
 17.6   site-specific wetland functions on-site; 
 17.7      (2) except as provided in clause (3), submit 
 17.8   project-specific reports to the board, the technical evaluation 
 17.9   panel, the commissioner of natural resources, and members of the 
 17.10  public requesting a copy at least 30 days prior to construction 
 17.11  that indicate the location, amount, and type of wetlands to be 
 17.12  filled or drained by the project or, alternatively, convene an 
 17.13  annual meeting of the parties required to receive notice to 
 17.14  review projects to be commenced during the upcoming year; and 
 17.15     (3) for minor and emergency maintenance work impacting less 
 17.16  than 10,000 square feet, submit project-specific reports, within 
 17.17  30 days of commencing the activity, to the board that indicate 
 17.18  the location, amount, and type of wetlands that have been filled 
 17.19  or drained. 
 17.20  Those required to receive notice of public transportation 
 17.21  projects may appeal minimization, delineation, and on-site 
 17.22  mitigation decisions made by the public transportation authority 
 17.23  to the board according to the provisions of section 103G.2242, 
 17.24  subdivision 9.  The technical evaluation panel shall review 
 17.25  minimization and delineation decisions made by the public 
 17.26  transportation authority and provide recommendations regarding 
 17.27  on-site mitigation if requested to do so by the local government 
 17.28  unit, a contiguous landowner, or a member of the technical 
 17.29  evaluation panel. 
 17.30  Except for state public transportation projects, for which the 
 17.31  state department of transportation is responsible, the board 
 17.32  must replace the wetlands, and wetland areas of public waters if 
 17.33  authorized by the commissioner or a delegated authority, drained 
 17.34  or filled by public transportation projects on existing roads, 
 17.35  except for those that are exempt under section 103G.2241, 
 17.36  subdivisions 5 and 9, paragraph (a), clause (5).  The department 
 18.1   of transportation may enter into an agreement with the board to 
 18.2   replace wetlands according to this paragraph. 
 18.3   Public transportation authorities at their discretion may 
 18.4   deviate from federal and state design standards on existing road 
 18.5   projects when practical and reasonable to avoid wetland filling 
 18.6   or draining, provided that public safety is not unreasonably 
 18.7   compromised.  The local road authority and its officers and 
 18.8   employees are exempt from liability for any tort claim for 
 18.9   injury to persons or property arising from travel on the highway 
 18.10  and related to the deviation from the design standards for 
 18.11  construction or reconstruction under this paragraph.  This 
 18.12  paragraph does not preclude an action for damages arising from 
 18.13  negligence in construction or maintenance on a highway. 
 18.14     (m) (n) If a landowner seeks approval of a replacement plan 
 18.15  after the proposed project has already affected the wetland, the 
 18.16  local government unit may require the landowner to replace the 
 18.17  affected wetland at a ratio not to exceed twice the replacement 
 18.18  ratio otherwise required. 
 18.19     (n) (o) A local government unit may request the board to 
 18.20  reclassify a county or watershed on the basis of its percentage 
 18.21  of presettlement wetlands remaining.  After receipt of 
 18.22  satisfactory documentation from the local government, the board 
 18.23  shall change the classification of a county or watershed.  If 
 18.24  requested by the local government unit, the board must assist in 
 18.25  developing the documentation.  Within 30 days of its action to 
 18.26  approve a change of wetland classifications, the board shall 
 18.27  publish a notice of the change in the Environmental Quality 
 18.28  Board Monitor. 
 18.29     (o) (p) One hundred citizens who reside within the 
 18.30  jurisdiction of the local government unit may request the local 
 18.31  government unit to reclassify a county or watershed on the basis 
 18.32  of its percentage of presettlement wetlands remaining.  In 
 18.33  support of their petition, the citizens shall provide 
 18.34  satisfactory documentation to the local government unit.  The 
 18.35  local government unit shall consider the petition and forward 
 18.36  the request to the board under paragraph (n) (o) or provide a 
 19.1   reason why the petition is denied. 
 19.2      Sec. 4.  Minnesota Statutes 2002, section 103G.222, 
 19.3   subdivision 3, is amended to read: 
 19.4      Subd. 3.  [WETLAND REPLACEMENT SITING.] (a) Siting wetland 
 19.5   replacement must follow this priority order: 
 19.6      (1) on site or in the same minor watershed as the affected 
 19.7   wetland; 
 19.8      (2) in the same watershed as the affected wetland; 
 19.9      (3) in the same county as the affected wetland; 
 19.10     (4) in an adjacent watershed or county to the affected 
 19.11  wetland; and 
 19.12     (5) statewide, only for wetlands affected in greater than 
 19.13  80 percent areas and for public transportation projects, except 
 19.14  that wetlands affected in less than 50 percent areas must be 
 19.15  replaced in less than 50 percent areas, and wetlands affected in 
 19.16  the seven-county metropolitan area must be replaced in 
 19.17  the affected county or, if no restoration opportunities exist in 
 19.18  the county, in another area comprised of the major watersheds 
 19.19  that drain into the seven-county metropolitan area county. 
 19.20     (b) The exception in paragraph (a), clause (5), does not 
 19.21  apply to replacement completed using wetland banking credits 
 19.22  established by a person who submitted a complete wetland banking 
 19.23  application to a local government unit by April 1, 1996. 
 19.24     (c) When reasonable, practicable, and environmentally 
 19.25  beneficial replacement opportunities are not available in siting 
 19.26  priorities listed in paragraph (a), the applicant may seek 
 19.27  opportunities at the next level. 
 19.28     (d) For the purposes of this section, "reasonable, 
 19.29  practicable, and environmentally beneficial replacement 
 19.30  opportunities" are defined as opportunities that: 
 19.31     (1) take advantage of naturally occurring 
 19.32  hydrogeomorphological conditions and require minimal landscape 
 19.33  alteration; 
 19.34     (2) have a high likelihood of becoming a functional wetland 
 19.35  that will continue in perpetuity; 
 19.36     (3) do not adversely affect other habitat types or 
 20.1   ecological communities that are important in maintaining the 
 20.2   overall biological diversity of the area; and 
 20.3      (4) are available and capable of being done after taking 
 20.4   into consideration cost, existing technology, and logistics 
 20.5   consistent with overall project purposes. 
 20.6      (e) Regulatory agencies, local government units, and other 
 20.7   entities involved in wetland restoration shall collaborate to 
 20.8   identify potential replacement opportunities within their 
 20.9   jurisdictional areas. 
 20.10     Sec. 5.  [117.036] [APPRAISAL AND NEGOTIATION REQUIREMENTS 
 20.11  APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION 
 20.12  PURPOSES.] 
 20.13     Subdivision 1.  [APPLICATION.] This section applies to the 
 20.14  acquisition of property for public highways, streets, roads, 
 20.15  alleys, airports, mass transit facilities, or for other 
 20.16  transportation facilities or purposes. 
 20.17     Subd. 2.  [APPRAISAL.] (a) Before commencing an eminent 
 20.18  domain proceeding under this chapter, the acquiring authority 
 20.19  must obtain at least one appraisal for the property proposed to 
 20.20  be acquired.  In making the appraisal, the appraiser must confer 
 20.21  with one or more of the owners of the property, if reasonably 
 20.22  possible.  At least 20 days before presenting a petition under 
 20.23  section 117.055, the acquiring authority must provide the owner 
 20.24  with a copy of the appraisal and inform the owner of the owner's 
 20.25  right to obtain an appraisal under this section. 
 20.26     (b) The owner may obtain an appraisal by a qualified 
 20.27  appraiser of the property proposed to be acquired.  The owner is 
 20.28  entitled to reimbursement for the reasonable costs of the 
 20.29  appraisal from the acquiring authority up to a maximum of $1,500 
 20.30  at the time the owner submits the appraisal to the acquiring 
 20.31  authority, provided that the owner does so within 60 days after 
 20.32  the owner receives the appraisal from the authority under 
 20.33  paragraph (a). 
 20.34     Sec. 6.  Minnesota Statutes 2002, section 138.40, 
 20.35  subdivision 2, is amended to read: 
 20.36     Subd. 2.  [COMPLIANCE, ENFORCEMENT, PRESERVATION.] State 
 21.1   and other governmental agencies shall comply with and aid in the 
 21.2   enforcement of provisions of sections 138.31 to 138.42.  
 21.3   Conservation officers and other enforcement officers of the 
 21.4   department of natural resources shall enforce the provisions of 
 21.5   sections 138.31 to 138.42 and report violations to the director 
 21.6   of the society.  When archaeological or historic sites are known 
 21.7   or based on investigations or are suspected to exist on public 
 21.8   lands or waters, or in the case of a public highway project 
 21.9   undertaken by a road authority are known or based on scientific 
 21.10  investigations are predicted to exist, the agency or department 
 21.11  controlling said lands or waters shall use the professional 
 21.12  services of archaeologists from the University of Minnesota, 
 21.13  Minnesota historical society, or other qualified professional 
 21.14  archaeologists, to preserve these sites.  In the event that 
 21.15  archaeological excavation is required to protect or preserve 
 21.16  these sites, state and other governmental agencies may use their 
 21.17  funds for such activities. 
 21.18     Sec. 7.  Minnesota Statutes 2002, section 138.40, 
 21.19  subdivision 3, is amended to read: 
 21.20     Subd. 3.  [REVIEW OF PLANS.] When significant 
 21.21  archaeological or historic sites are known or suspected to exist 
 21.22  on public lands or waters, or in the case of a public highway 
 21.23  project undertaken by a road authority are known or based on 
 21.24  scientific investigations are predicted to exist, the agency or 
 21.25  department controlling said lands or waters shall submit 
 21.26  construction or development plans to the state archaeologist and 
 21.27  the director of the society for review prior to the time bids 
 21.28  are advertised.  The state archaeologist and the society shall 
 21.29  promptly review such plans and within 30 days of receiving the 
 21.30  plans shall make recommendations for the preservation of 
 21.31  archaeological or historic sites which may be endangered by 
 21.32  construction or development activities.  When archaeological or 
 21.33  historic sites are related to Indian history or religion, the 
 21.34  state archaeologist shall submit the plans to the Indian affairs 
 21.35  council for the council's review and recommend action.  
 21.36     Sec. 8.  Minnesota Statutes 2002, section 160.28, is 
 22.1   amended by adding a subdivision to read: 
 22.2      Subd. 3.  [REST AREA LEASE AGREEMENTS.] (a) Except as 
 22.3   provided in paragraph (e), notwithstanding any other law the 
 22.4   commissioner may enter into lease agreements, through 
 22.5   negotiations or best value, with private entities relating to 
 22.6   the use of highway rest areas. 
 22.7      (b) A lease under this subdivision may: 
 22.8      (1) prescribe a term of up to 20 years, with the approval 
 22.9   of the commissioner of administration, and may be renewable for 
 22.10  additional terms; 
 22.11     (2) provide for corporate or business sponsorship of a rest 
 22.12  area for a fee to be determined by the commissioner; 
 22.13     (3) allow the lessee to offer for sale products or service 
 22.14  that the commissioner deems appropriate for sale in a highway 
 22.15  rest area; and 
 22.16     (4) allow the lessee to add leasehold improvements to the 
 22.17  site. 
 22.18     (c) A lease agreement for a rest area is subject to section 
 22.19  160.282 and must allow the commissioner to negotiate maintenance 
 22.20  service agreements that promote and encourage the employment of 
 22.21  needy elderly persons. 
 22.22     (d) Revenues from leases or sponsorships authorized under 
 22.23  this subdivision must be deposited in a highway rest area lease 
 22.24  account in the special revenue fund.  Money in the account is 
 22.25  appropriated to the commissioner for administration of the rest 
 22.26  area program. 
 22.27     (e) Nothing in this subdivision affects existing contracts 
 22.28  under section 248.07 or their renewal. 
 22.29     (f) The commissioner shall take no action under this 
 22.30  subdivision that would result in the loss of federal highway 
 22.31  funds or require the payment of highway funds to the federal 
 22.32  government. 
 22.33     Sec. 9.  [160.93] [USER FEES; HIGH-OCCUPANCY VEHICLE 
 22.34  LANES.] 
 22.35     Subdivision 1.  [FEES AUTHORIZED.] To improve efficiency 
 22.36  and provide more options to individuals traveling in a trunk 
 23.1   highway corridor, the commissioner of transportation may charge 
 23.2   user fees to owners of single-occupant vehicles using designated 
 23.3   high-occupancy vehicle lanes.  The fees may be collected using 
 23.4   electronic or other toll-collection methods and may vary in 
 23.5   amount with the time of day and level of traffic congestion 
 23.6   within the corridor.  The commissioner shall consult with the 
 23.7   metropolitan council and obtain necessary federal authorizations 
 23.8   before implementing user fees on a high-occupancy vehicle lane.  
 23.9   Fees under this section are not subject to section 16A.1283. 
 23.10     Subd. 2.  [DEPOSIT OF REVENUES; APPROPRIATION.] Money 
 23.11  collected from fees authorized under subdivision 1 must be 
 23.12  deposited in a high-occupancy vehicle lane user fee account in 
 23.13  the special revenue fund.  A separate account must be 
 23.14  established for each trunk highway corridor.  Money in the 
 23.15  account is appropriated to the commissioner.  From this 
 23.16  appropriation the commissioner shall pay all costs of 
 23.17  implementing and administering the fee collection system for 
 23.18  that corridor.  The commissioner shall spend remaining money in 
 23.19  the account as follows: 
 23.20     (1) one-half must be spent for transportation capital 
 23.21  improvements within the corridor; and 
 23.22     (2) one-half must be transferred to the metropolitan 
 23.23  council for expansion and improvement of bus transit services 
 23.24  within the corridor beyond the level of service provided on 
 23.25  January 1, 2003. 
 23.26     Subd. 3.  [EXEMPTIONS.] With respect to this section, the 
 23.27  commissioner is exempt from statutory rulemaking requirements 
 23.28  and from sections 160.84 to 160.92 and 161.162 to 161.167. 
 23.29     Sec. 10.  Minnesota Statutes 2002, section 161.08, is 
 23.30  amended to read: 
 23.31     161.08 [BOOKS OF ACCOUNT RECORDS AND REPORTS.] 
 23.32     Subdivision 1.  [BOOKS OF ACCOUNT.] (a) The commissioner 
 23.33  shall keep accurate and complete books of account as may be 
 23.34  prescribed by the commissioner of finance, the same to show in 
 23.35  detail itemized receipts and disbursements of the trunk highway 
 23.36  fund.  The books of account shall show the following facts, 
 24.1   among others: 
 24.2      (1) the expenses of maintaining the transportation 
 24.3   department, including the salaries and expenses of the 
 24.4   individual members thereof; 
 24.5      (2) the amounts of money expended in each county of the 
 24.6   state for the construction of trunk highways, and when, where, 
 24.7   and upon what job or portion of road expended so that the cost 
 24.8   per mile of such construction can be easily ascertained; 
 24.9      (3) any other money expended by the state in connection 
 24.10  with any roads other than trunk highways and when, where, and 
 24.11  upon what portion of road so expended; and 
 24.12     (4) the amount of road equipment and materials purchased, 
 24.13  and when, where, and from whom purchased, and the price paid for 
 24.14  each item.  
 24.15     (b) The original invoices shall form a part of the 
 24.16  permanent files and records in the department of transportation 
 24.17  and be open to public inspection.  
 24.18     Subd. 2.  [BIENNIAL REPORT.] No later than October 15 of 
 24.19  each odd-numbered year, the commissioner shall report to the 
 24.20  legislature the total expenditures from the trunk highway fund 
 24.21  during the previous biennium in each of the following 
 24.22  categories:  road construction; planning; professional and 
 24.23  technical contracts; design and engineering; labor; compliance 
 24.24  with environmental requirements; acquisition of right-of-way; 
 24.25  litigation costs, including payment of claims, settlements, and 
 24.26  judgments; maintenance; and road operations. 
 24.27     Sec. 11.  Minnesota Statutes 2002, section 161.20, 
 24.28  subdivision 3, is amended to read: 
 24.29     Subd. 3.  [TRUNK HIGHWAY FUND APPROPRIATIONS.] The 
 24.30  commissioner may expend trunk highway funds only for trunk 
 24.31  highway purposes.  Payment of expenses related to sales tax, 
 24.32  bureau of criminal apprehension laboratory, office of tourism 
 24.33  kiosks, Minnesota safety council, tort claims, driver education 
 24.34  programs, emergency medical services board, and Mississippi 
 24.35  River parkway commission do not further a highway purpose and do 
 24.36  not aid in the construction, improvement, or maintenance of the 
 25.1   highway system. 
 25.2      Sec. 12.  Minnesota Statutes 2002, section 164.12, is 
 25.3   amended to read: 
 25.4      164.12 [ROAD ON TOWN LINE.] 
 25.5      Subdivision 1.  [PROPOSAL TO ESTABLISH; MAINTAIN.] When 
 25.6   adjoining towns propose to establish, alter, or vacate, or 
 25.7   maintain a road on or along the line between such towns they 
 25.8   shall proceed as hereinafter provided.  
 25.9      Subd. 2.  [DIVISION OF RESPONSIBILITIES.] The town boards 
 25.10  shall divide the length of the road proposed to be established, 
 25.11  altered, or vacated, or maintained into two parts.  When it is 
 25.12  proposed to establish or alter a road, the division shall be 
 25.13  made so as to divide as nearly equal as possible the cost of 
 25.14  right-of-way, construction, and maintenance of the entire road.  
 25.15  If the proposal is to vacate a road, the division shall be made 
 25.16  so as to divide as nearly equal as possible any damages that may 
 25.17  be occasioned thereby.  
 25.18     Subd. 3.  [AGREEMENT.] After the division the boards shall 
 25.19  enter into an agreement specifying which part shall be vacated, 
 25.20  or opened, constructed, and maintained by each.  Thereafter, 
 25.21  each board shall proceed in the manner and subject to the same 
 25.22  review as provided in section 164.06 or section 164.07.  
 25.23     Subd. 4.  [JOINT CONTRACT.] When a town line road is 
 25.24  established or, altered, or maintained as provided herein, the 
 25.25  boards may jointly let a contract covering all or part of the 
 25.26  work to be performed on the road.  If a joint contract is not 
 25.27  let each town board shall open and construct its portion thereof 
 25.28  as expeditiously as possible.  
 25.29     Subd. 5.  [PORTION OF ROAD TAKEN BY STATE OR COUNTY.] If a 
 25.30  portion of a town line road is taken over by the state as a 
 25.31  trunk highway, or by a county as a county state-aid highway or 
 25.32  county highway, the town boards concerned shall divide the 
 25.33  portions of the town line road not taken over by the state or 
 25.34  county, so that the cost of construction, reconstruction, and 
 25.35  maintenance thereof will be apportioned as nearly equal as 
 25.36  possible.  After such division the boards shall enter into an 
 26.1   agreement specifying which part shall be constructed and 
 26.2   maintained by each.  
 26.3      Subd. 6.  [FAILURE TO AGREE.] (a) When the town boards 
 26.4   cannot agree upon a division as provided in subdivision 2 or 
 26.5   subdivision 5, or upon the petition of either town board when a 
 26.6   division previously agreed upon has proved to be inequitable, 
 26.7   the county board, or where the road is on a county line the 
 26.8   county boards of the counties concerned, shall determine the 
 26.9   proper division of responsibility.  In making such division the 
 26.10  county board or boards shall follow the procedure provided for 
 26.11  in subdivision 2 or 5.  Where deemed necessary the services of 
 26.12  the county engineer may be used. 
 26.13     (b) When for any reason an agreement under paragraph (a) 
 26.14  cannot be reached, the town board of either or both towns may 
 26.15  request to have the matter determined through mediation, 
 26.16  arbitration, mediation-arbitration (med-arb), or other form of 
 26.17  alternative dispute resolution as described in Rule 114.02 of 
 26.18  the General Rules of Practice for the District Courts.  The 
 26.19  parties may select a neutral who does not qualify under Rule 
 26.20  114.02.  Mediated settlement agreements must be in accordance 
 26.21  with the Minnesota Civil Mediation Act, sections 572.31 to 
 26.22  572.40.  Arbitrated agreements and med-arb agreements must be 
 26.23  final and binding. 
 26.24     Sec. 13.  Minnesota Statutes 2002, section 168.12, 
 26.25  subdivision 5, is amended to read: 
 26.26     Subd. 5.  [ADDITIONAL FEE.] (a) In addition to any fee 
 26.27  otherwise authorized or any tax otherwise imposed upon any motor 
 26.28  vehicle, the payment of which is required as a condition to the 
 26.29  issuance of any number license plate or plates, the commissioner 
 26.30  of public safety may shall impose a the fee specified in 
 26.31  paragraph (b) that is calculated to cover the cost of 
 26.32  manufacturing and issuing the license plate or plates, except 
 26.33  for license plates issued to disabled veterans as defined in 
 26.34  section 168.031 and license plates issued pursuant to section 
 26.35  168.124, 168.125, or 168.27, subdivisions 16 and 17, for 
 26.36  passenger automobiles.  Graphic design license plates shall only 
 27.1   be issued for vehicles registered pursuant to section 168.017 
 27.2   and recreational vehicles registered pursuant to section 
 27.3   168.013, subdivision 1g. 
 27.4      (b) Unless otherwise specified or exempted by statute, the 
 27.5   following plate and validation sticker fees apply for the 
 27.6   original, duplicate, or replacement issuance of a plate in a 
 27.7   plate year: 
 27.8   Sequential Double Plate                          $ 4.25
 27.9   Sequential Special Plate-Double                  $ 7.00
 27.10  Sequential Single Plate                          $ 3.00
 27.11  Sequential Special Plate-Single                  $ 5.50
 27.12  Self-Adhesive Plate                              $ 2.50
 27.13  Nonsequential Double Plate                       $14.00
 27.14  Nonsequential Single Plate                       $10.00
 27.15  Duplicate Sticker                                $ 1.00
 27.16     (c) Fees collected under this subdivision must be paid into 
 27.17  the state treasury and credited to the highway user tax 
 27.18  distribution fund. 
 27.19     Sec. 14.  Minnesota Statutes 2002, section 168.54, 
 27.20  subdivision 4, is amended to read: 
 27.21     Subd. 4.  [TRANSFER FEE.] A fee of $2 $3 is imposed upon 
 27.22  every transfer of ownership by the commissioner of public safety 
 27.23  of any motor vehicle for which a registration certificate has 
 27.24  heretofore been issued under this chapter, except vehicles sold 
 27.25  for the purposes of salvage or dismantling or permanent removal 
 27.26  from the state. 
 27.27     Sec. 15.  Minnesota Statutes 2002, section 168A.29, 
 27.28  subdivision 1, is amended to read: 
 27.29     Subdivision 1.  [AMOUNTS.] (a) The department shall be paid 
 27.30  the following fees: 
 27.31     (1) for filing an application for and the issuance of an 
 27.32  original certificate of title, the sum of $2 $3; 
 27.33     (2) for each security interest when first noted upon a 
 27.34  certificate of title, including the concurrent notation of any 
 27.35  assignment thereof and its subsequent release or satisfaction, 
 27.36  the sum of $2, except that no fee is due for a security interest 
 28.1   filed by a public authority under section 168A.05, subdivision 
 28.2   8; 
 28.3      (3) for the transfer of the interest of an owner and the 
 28.4   issuance of a new certificate of title, the sum of $2 $3; 
 28.5      (4) for each assignment of a security interest when first 
 28.6   noted on a certificate of title, unless noted concurrently with 
 28.7   the security interest, the sum of $1; 
 28.8      (5) for issuing a duplicate certificate of title, the sum 
 28.9   of $4.  
 28.10     (b) After June 30, 1994, in addition to each of the fees 
 28.11  required under paragraph (a), clauses (1) and (3), the 
 28.12  department shall be paid $3.50.  The additional fee collected 
 28.13  under this paragraph must be deposited in the special revenue 
 28.14  fund and credited to the public safety motor vehicle account 
 28.15  established in section 299A.70. 
 28.16     Sec. 16.  Minnesota Statutes 2002, section 169.14, is 
 28.17  amended by adding a subdivision to read: 
 28.18     Subd. 2a.  [SPEED LIMIT ON INTERSTATE HIGHWAY 35E.] The 
 28.19  commissioner shall designate the speed limit on marked 
 28.20  interstate highway 35E from West Seventh Street to marked 
 28.21  interstate highway 94 in St. Paul as 55 miles per hour, unless 
 28.22  the commissioner designates a different speed limit on that 
 28.23  highway after conducting an engineering and traffic 
 28.24  investigation under subdivision 4 and determining on the basis 
 28.25  of the investigation that a different speed limit is reasonable 
 28.26  and safe.  Any speed in excess of a speed limit designated under 
 28.27  this section is unlawful.  
 28.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003. 
 28.29     Sec. 17.  Minnesota Statutes 2002, section 169.791, 
 28.30  subdivision 1, is amended to read: 
 28.31     Subdivision 1.  [TERMS DEFINED.] (a) For purposes of this 
 28.32  section and sections 169.792 to 169.799 169.798, the following 
 28.33  terms have the meanings given. 
 28.34     (b) "Commissioner" means the commissioner of public safety. 
 28.35     (c) "District court administrator" or "court administrator" 
 28.36  means the district court administrator or a deputy district 
 29.1   court administrator of the district court that has jurisdiction 
 29.2   of a violation of this section.  
 29.3      (d) "Insurance identification card" means a card issued by 
 29.4   an obligor to an insured stating that security as required by 
 29.5   section 65B.48 has been provided for the insured's vehicle.  
 29.6      (e) "Law enforcement agency" means the law enforcement 
 29.7   agency that employed the peace officer who demanded proof of 
 29.8   insurance under this section or section 169.792.  
 29.9      (f) "Peace officer" or "officer" means an employee of a 
 29.10  political subdivision or state law enforcement agency, including 
 29.11  the Minnesota state patrol, who is licensed by the Minnesota 
 29.12  board of peace officer standards and training and is authorized 
 29.13  to make arrests for violations of traffic laws. 
 29.14     (g) "Proof of insurance" means an insurance identification 
 29.15  card, written statement, or insurance policy as defined by 
 29.16  section 65B.14, subdivision 2. 
 29.17     (h) "Vehicle" means a motor vehicle as defined in section 
 29.18  65B.43, subdivision 2, or a motorcycle as defined in section 
 29.19  65B.43, subdivision 13.  
 29.20     (i) "Written statement" means a written statement by a 
 29.21  licensed insurance agent stating the name and address of the 
 29.22  insured, the vehicle identification number of the insured's 
 29.23  vehicle, that a plan of reparation security as required by 
 29.24  section 65B.48 has been provided for the insured's vehicle, and 
 29.25  the dates of the coverage. 
 29.26     (j) The definitions in section 65B.43 apply to sections 
 29.27  169.792 to 169.799 169.798. 
 29.28     Sec. 18.  Minnesota Statutes 2002, section 169.796, is 
 29.29  amended by adding a subdivision to read: 
 29.30     Subd. 3.  [SAMPLING TO VERIFY INSURANCE COVERAGE.] (a) The 
 29.31  commissioner of public safety may implement a monthly sampling 
 29.32  program to verify insurance coverage.  The sample must annually 
 29.33  include at least two percent of all drivers who own motor 
 29.34  vehicles, as defined in section 168.011, licensed in the state, 
 29.35  one-half of whom during the previous year have been convicted of 
 29.36  at least one vehicle insurance law violation, have had a 
 30.1   driver's license revoked or suspended due to habitual violation 
 30.2   of traffic laws, have had no insurance in effect at the time of 
 30.3   a reportable crash, or have been convicted of an alcohol-related 
 30.4   motor vehicle offense.  No sample may be selected based on race, 
 30.5   religion, physical or mental disability, economic status, or 
 30.6   geographic location.  
 30.7      (b) The commissioner shall request each vehicle owner 
 30.8   included in the sample to furnish insurance coverage information 
 30.9   to the commissioner within 30 days.  The request must require 
 30.10  the owner to state whether or not all motor vehicles owned by 
 30.11  that person were insured on the verification date stated in the 
 30.12  commissioner's request.  The request may require, but is not 
 30.13  limited to, a signed statement by the owner that the information 
 30.14  is true and correct, the names and addresses of insurers, policy 
 30.15  numbers, and expiration or renewal dates of insurance coverage. 
 30.16     (c) The commissioner shall conduct a verification of the 
 30.17  response by transmitting necessary information to the insurance 
 30.18  companies named in the owner's response.  
 30.19     (d) The insurance companies shall electronically notify the 
 30.20  commissioner, within 30 days of the commissioner's request, of 
 30.21  any false statements regarding coverage.  
 30.22     (e) The commissioner shall suspend, without preliminary 
 30.23  hearing, the driver's license, if any, of a vehicle owner who 
 30.24  falsely claims coverage, who indicates that coverage was not in 
 30.25  effect at the time specified in the request, or who fails to 
 30.26  respond to the commissioner's request to furnish proof of 
 30.27  insurance.  The commissioner shall comply with the notice 
 30.28  requirement of section 171.18, subdivision 2.  
 30.29     (f) Before reinstatement of the driver's license, there 
 30.30  must be filed with the commissioner of public safety the written 
 30.31  certificate of an insurance carrier authorized to do business in 
 30.32  the state stating that security has been provided as required by 
 30.33  section 65B.48.  The commissioner of public safety may require 
 30.34  the certificate of insurance provided to satisfy this 
 30.35  subdivision to be certified by the insurance carrier for a 
 30.36  period not to exceed one year.  The commissioner of public 
 31.1   safety may also require a certificate of insurance to be filed 
 31.2   with respect to all vehicles required to be insured under 
 31.3   section 65B.48 and owned by any person whose driving privileges 
 31.4   have been suspended as provided in this section before 
 31.5   reinstating the person's driver's license. 
 31.6      Sec. 19.  Minnesota Statutes 2002, section 169.797, 
 31.7   subdivision 4a, is amended to read: 
 31.8      Subd. 4a.  [REGISTRATION REVOCATION AND LICENSE 
 31.9   SUSPENSION.] The commissioner of public safety shall revoke the 
 31.10  registration of any vehicle and may shall suspend the driver's 
 31.11  license of any operator, without preliminary hearing upon a 
 31.12  showing by department records, including accident reports 
 31.13  required to be submitted by section 169.09, or other sufficient 
 31.14  evidence that security required by section 65B.48 has not been 
 31.15  provided and maintained.  Before reinstatement of the 
 31.16  registration, there shall be filed with the commissioner of 
 31.17  public safety the written certificate of an insurance carrier 
 31.18  authorized to do business in the state stating that security has 
 31.19  been provided as required by section 65B.48.  The commissioner 
 31.20  of public safety may require the certificate of insurance 
 31.21  provided to satisfy this subdivision to be certified by the 
 31.22  insurance carrier to be noncancelable for a period not to exceed 
 31.23  one year.  The commissioner of public safety may also require a 
 31.24  certificate of insurance to be filed with respect to all 
 31.25  vehicles required to be insured under section 65B.48 and owned 
 31.26  by any person whose driving privileges have been suspended or 
 31.27  revoked as provided in this section before reinstating the 
 31.28  person's driver's license. 
 31.29     Sec. 20.  Minnesota Statutes 2002, section 169.798, 
 31.30  subdivision 1, is amended to read: 
 31.31     Subdivision 1.  [AUTHORITY.] The commissioner of public 
 31.32  safety shall have the power and perform the duties imposed 
 31.33  by this section and sections 65B.41 to 65B.71, this section, and 
 31.34  sections 169.797 and 169.799, and may adopt rules to implement 
 31.35  and provide effective administration of the provisions requiring 
 31.36  security and governing termination of security. 
 32.1      Sec. 21.  Minnesota Statutes 2002, section 169.798, is 
 32.2   amended by adding a subdivision to read: 
 32.3      Subd. 4.  [ATTESTATION OF INSURANCE REQUIRED.] Every owner, 
 32.4   when applying for motor vehicle or motorcycle registration, 
 32.5   reregistration, or transfer of ownership, must attest that the 
 32.6   motor vehicle or motorcycle is covered by an insurance policy. 
 32.7      Sec. 22.  Minnesota Statutes 2002, section 171.20, 
 32.8   subdivision 4, is amended to read: 
 32.9      Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
 32.10  reinstated, (1) a person whose driver's license has been 
 32.11  suspended under section 171.16, subdivision 2; 171.18, except 
 32.12  subdivision 1, clause (10); or 171.182, or who has been 
 32.13  disqualified from holding a commercial driver's license under 
 32.14  section 171.165, and (2) a person whose driver's license has 
 32.15  been suspended under section 171.186 and who is not exempt from 
 32.16  such a fee, must pay a fee of $20.  
 32.17     (b) Before the license is reinstated, a person whose 
 32.18  license has been suspended or revoked under sections 169.791 to 
 32.19  169.798 must pay a $30 reinstatement fee. 
 32.20     (c) When fees are collected by a licensing agent appointed 
 32.21  under section 171.061, a handling charge is imposed in the 
 32.22  amount specified under section 171.061, subdivision 4.  The 
 32.23  reinstatement fee and surcharge must be deposited in an approved 
 32.24  state depository as directed under section 171.061, subdivision 
 32.25  4.  
 32.26     (d) A suspension may be rescinded without fee for good 
 32.27  cause. 
 32.28     Sec. 23.  Minnesota Statutes 2002, section 171.29, 
 32.29  subdivision 2, is amended to read: 
 32.30     Subd. 2.  [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.] 
 32.31  (a) A person whose driver's license has been revoked as provided 
 32.32  in subdivision 1, except under section 169A.52, 169A.54, or 
 32.33  609.21, shall pay a $30 fee before the driver's license is 
 32.34  reinstated. 
 32.35     (b) A person whose driver's license has been revoked as 
 32.36  provided in subdivision 1 under section 169A.52, 169A.54, or 
 33.1   609.21, shall pay a $250 $300 fee plus a $40 surcharge before 
 33.2   the driver's license is reinstated.  Beginning July 1, 2002, the 
 33.3   surcharge is $145.  Beginning July 1, 2003, the surcharge is 
 33.4   $380.  The $250 $300 fee is to be credited as follows: 
 33.5      (1) Twenty percent must be credited to the trunk highway 
 33.6   fund. 
 33.7      (2) Sixty-seven Fifty-six percent must be credited to the 
 33.8   general fund. 
 33.9      (3) Eight percent must be credited to a separate account to 
 33.10  be known as the bureau of criminal apprehension account.  Money 
 33.11  in this account may be appropriated to the commissioner of 
 33.12  public safety and the appropriated amount must be apportioned 80 
 33.13  percent for laboratory costs and 20 percent for carrying out the 
 33.14  provisions of section 299C.065. 
 33.15     (4) Five Sixteen percent must be credited to a separate 
 33.16  account to be known as the traumatic brain injury and spinal 
 33.17  cord injury account.  The money in the account is annually 
 33.18  appropriated to the commissioner of health to be used as 
 33.19  follows:  35 83 percent for a contract with a qualified 
 33.20  community-based organization to provide information, resources, 
 33.21  and support to assist persons with traumatic brain injury and 
 33.22  their families to access services, and 65 17 percent to maintain 
 33.23  the traumatic brain injury and spinal cord injury registry 
 33.24  created in section 144.662.  For the purposes of this clause, a 
 33.25  "qualified community-based organization" is a private, 
 33.26  not-for-profit organization of consumers of traumatic brain 
 33.27  injury services and their family members.  The organization must 
 33.28  be registered with the United States Internal Revenue Service 
 33.29  under section 501(c)(3) as a tax-exempt organization and must 
 33.30  have as its purposes:  
 33.31     (i) the promotion of public, family, survivor, and 
 33.32  professional awareness of the incidence and consequences of 
 33.33  traumatic brain injury; 
 33.34     (ii) the provision of a network of support for persons with 
 33.35  traumatic brain injury, their families, and friends; 
 33.36     (iii) the development and support of programs and services 
 34.1   to prevent traumatic brain injury; 
 34.2      (iv) the establishment of education programs for persons 
 34.3   with traumatic brain injury; and 
 34.4      (v) the empowerment of persons with traumatic brain injury 
 34.5   through participation in its governance. 
 34.6   No patient's name, identifying information, or identifiable 
 34.7   medical data will be disclosed to the organization without the 
 34.8   informed voluntary written consent of the patient or patient's 
 34.9   guardian or, if the patient is a minor, of the parent or 
 34.10  guardian of the patient. 
 34.11     (c) The surcharge must be credited to a separate account to 
 34.12  be known as the remote electronic alcohol-monitoring program 
 34.13  account.  The commissioner shall transfer the balance of this 
 34.14  account to the commissioner of finance on a monthly basis for 
 34.15  deposit in the general fund. 
 34.16     (d) When these fees are collected by a licensing agent, 
 34.17  appointed under section 171.061, a handling charge is imposed in 
 34.18  the amount specified under section 171.061, subdivision 4.  The 
 34.19  reinstatement fees and surcharge must be deposited in an 
 34.20  approved state depository as directed under section 171.061, 
 34.21  subdivision 4. 
 34.22     Sec. 24.  Minnesota Statutes 2002, section 174.55, 
 34.23  subdivision 2, is amended to read: 
 34.24     Subd. 2.  [COMPOSITION.] The major transportation projects 
 34.25  commission is composed of the governor or the governor's 
 34.26  designee; four citizen members appointed by the governor and 
 34.27  serving at the pleasure of the governor; seven senators 
 34.28  appointed by the subcommittee on committees of the committee on 
 34.29  rules and administration, three of whom must not be members of 
 34.30  the senate majority party; and seven members of the house of 
 34.31  representatives appointed by the speaker, three of whom must not 
 34.32  be members of the house majority party.  The commissioner of 
 34.33  transportation shall serve as a nonvoting member unless the 
 34.34  commissioner is the governor's designee.  The commission shall 
 34.35  elect a chair from among its members.  Nongovernment members of 
 34.36  the commission shall receive compensation in accordance with 
 35.1   section 15.059, subdivision 3.  The commission expires June 30, 
 35.2   2004. 
 35.3      Sec. 25.  Minnesota Statutes 2002, section 179A.03, 
 35.4   subdivision 7, is amended to read: 
 35.5      Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
 35.6   firefighters, peace officers subject to licensure under sections 
 35.7   626.84 to 626.863, 911 system and police and fire department 
 35.8   public safety dispatchers, guards at correctional facilities, 
 35.9   confidential employees, supervisory employees, assistant county 
 35.10  attorneys, assistant city attorneys, principals, and assistant 
 35.11  principals.  However, for state employees, "essential employee" 
 35.12  means all employees in law enforcement, public safety radio 
 35.13  communications operators, health care professionals, 
 35.14  correctional guards, professional engineering, and supervisory 
 35.15  collective bargaining units, irrespective of severance, and no 
 35.16  other employees.  For University of Minnesota employees, 
 35.17  "essential employee" means all employees in law enforcement, 
 35.18  nursing professional and supervisory units, irrespective of 
 35.19  severance, and no other employees.  "Firefighters" means 
 35.20  salaried employees of a fire department whose duties include, 
 35.21  directly or indirectly, controlling, extinguishing, preventing, 
 35.22  detecting, or investigating fires.  Employees for whom the state 
 35.23  court administrator is the negotiating employer are not 
 35.24  essential employees. 
 35.25     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 35.26     Sec. 26.  Minnesota Statutes 2002, section 179A.10, 
 35.27  subdivision 2, is amended to read: 
 35.28     Subd. 2.  [STATE EMPLOYEES.] Unclassified employees, unless 
 35.29  otherwise excluded, are included within the units which include 
 35.30  the classifications to which they are assigned for purposes of 
 35.31  compensation.  Supervisory employees shall only be assigned to 
 35.32  units 12 and 16.  The following are the appropriate units of 
 35.33  executive branch state employees:  
 35.34     (1) law enforcement unit; 
 35.35     (2) craft, maintenance, and labor unit; 
 35.36     (3) service unit; 
 36.1      (4) health care nonprofessional unit; 
 36.2      (5) health care professional unit; 
 36.3      (6) clerical and office unit; 
 36.4      (7) technical unit; 
 36.5      (8) correctional guards unit; 
 36.6      (9) state university instructional unit; 
 36.7      (10) state college instructional unit; 
 36.8      (11) state university administrative unit; 
 36.9      (12) professional engineering unit; 
 36.10     (13) health treatment unit; 
 36.11     (14) general professional unit; 
 36.12     (15) professional state residential instructional unit; and 
 36.13     (16) supervisory employees unit; and 
 36.14     (17) public safety radio communications operator unit.  
 36.15     Each unit consists of the classifications or positions 
 36.16  assigned to it in the schedule of state employee job 
 36.17  classification and positions maintained by the commissioner.  
 36.18  The commissioner may only make changes in the schedule in 
 36.19  existence on the day prior to August 1, 1984, as required by law 
 36.20  or as provided in subdivision 4. 
 36.21     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003.  
 36.22     Sec. 27.  Minnesota Statutes 2002, section 297B.09, 
 36.23  subdivision 1, is amended to read: 
 36.24     Subdivision 1.  [DEPOSIT OF REVENUES.] (a) Money collected 
 36.25  and received under this chapter must be deposited as provided in 
 36.26  this subdivision.  
 36.27     (b) From July 1, 2001, to June 30, 2002, 30.86 percent of 
 36.28  the money collected and received must be deposited in the 
 36.29  highway user tax distribution fund, and the remaining money must 
 36.30  be deposited in the general fund.  
 36.31     (c) On and after July 1, 2002, 32 percent of the money 
 36.32  collected and received must be deposited in the highway user tax 
 36.33  distribution fund, 20.5 percent must be deposited in the 
 36.34  metropolitan area transit fund under section 16A.88, and 1.25 
 36.35  percent must be deposited in the greater Minnesota transit fund 
 36.36  under section 16A.88.  In fiscal year 2004 and thereafter, two 
 37.1   percent of the money collected and received must be deposited in 
 37.2   the metropolitan area transit appropriation account under 
 37.3   section 16A.88.  Of the money collected and received, 
 37.4   $125,583,000 in each of fiscal years 2004 and 2005, and 20.5 
 37.5   percent thereafter, must be deposited in the metropolitan area 
 37.6   transit fund under section 16A.88.  The remaining money must be 
 37.7   deposited in the general fund. 
 37.8      Sec. 28.  Minnesota Statutes 2002, section 299A.465, 
 37.9   subdivision 4, is amended to read: 
 37.10     Subd. 4.  [PUBLIC EMPLOYER REIMBURSEMENT.] A public 
 37.11  employer subject to this section may annually apply by August 1 
 37.12  for the preceding fiscal year to the commissioner of public 
 37.13  safety for reimbursement to help defray a portion of its costs 
 37.14  of complying with this section.  The commissioner shall provide 
 37.15  reimbursement an equal pro rata share to the public employer out 
 37.16  of the public safety officer's benefit account based on the 
 37.17  availability of funds for each eligible officer, firefighter, 
 37.18  and qualifying dependents.  Individual shares must not exceed 
 37.19  the actual costs of providing coverage under this section by a 
 37.20  public employer. 
 37.21     Sec. 29.  [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES; 
 37.22  GENERAL.] 
 37.23     Subdivision 1.  [DEFINITIONS.] (a) For purposes of sections 
 37.24  299A.80 to 299A.802, the terms defined in this subdivision have 
 37.25  the meanings given them. 
 37.26     (b) "Administrative agent" means a person or entity 
 37.27  licensed by or granted authority by the commissioner of public 
 37.28  safety under: 
 37.29     (1) section 168.33 as a deputy registrar; 
 37.30     (2) section 168C.11 as a deputy registrar of bicycles; or 
 37.31     (3) section 171.061 as a driver's license agent. 
 37.32     (c) "Other authority" means licenses, orders, stipulation 
 37.33  agreements, settlements, or compliance agreements adopted or 
 37.34  issued by the commissioner of public safety. 
 37.35     (d) "Commissioner" means the commissioner of public safety. 
 37.36     (e) "License" means a license, permit, registration, 
 38.1   appointment, or certificate issued or granted to an 
 38.2   administrative agent by the commissioner of public safety. 
 38.3      Subd. 2.  [APPLICABILITY.] Sections 299A.80 to 299A.802 
 38.4   apply to administrative agents licensed by or subject to other 
 38.5   authority of the commissioner. 
 38.6      Subd. 3.  [CUMULATIVE REMEDY.] The authority of the 
 38.7   commissioner to issue a corrective order or assess an 
 38.8   administrative penalty under sections 299A.80 to 299A.802 is in 
 38.9   addition to other remedies available under statutory or common 
 38.10  law, except that the state may not seek a civil penalty under 
 38.11  any other law for a violation covered by an administrative 
 38.12  penalty order.  The payment of a penalty does not preclude the 
 38.13  use of other enforcement provisions, under which civil fines are 
 38.14  not assessed, in connection with the violation for which the 
 38.15  penalty was assessed. 
 38.16     Subd. 4.  [ACCESS TO INFORMATION AND PROPERTY.] The 
 38.17  commissioner, an employee, or an agent authorized by the 
 38.18  commissioner, upon presentation of credentials, may: 
 38.19     (1) examine and copy any books, papers, records, memoranda, 
 38.20  or data of an administrative agent; and 
 38.21     (2) enter upon any property where an administrative agent 
 38.22  conducts its place of business to take actions authorized under 
 38.23  statute, rule, or other authority, including (i) obtaining 
 38.24  information from an administrative agent who has a duty to 
 38.25  provide information under statute, rule, or other authority, (ii)
 38.26  taking steps to remedy violations, or (iii) conducting surveys 
 38.27  or investigations. 
 38.28     Subd. 5.  [FALSE INFORMATION.] (a) An administrative agent 
 38.29  may not: 
 38.30     (1) make a false material statement, representation, or 
 38.31  certification in a required document; 
 38.32     (2) omit material information from a required document; or 
 38.33     (3) alter, conceal, or fail to file or maintain a required 
 38.34  document. 
 38.35     (b) In this section, "required document" means a notice, 
 38.36  application, record, report, plan, or other document required 
 39.1   under statute, rule, or other authority. 
 39.2      Subd. 6.  [ENFORCEMENT.] (a) The attorney general may 
 39.3   proceed on behalf of the state to enforce administrative 
 39.4   penalties that are due and payable under section 299A.802 in any 
 39.5   manner provided by law for the collection of debts. 
 39.6      (b) The attorney general may petition the district court to 
 39.7   file a final administrative penalty order as an order of the 
 39.8   court.  At any court hearing to enforce a final administrative 
 39.9   penalty order, the only issues the parties may contest are 
 39.10  procedural and notice issues.  Once entered, the administrative 
 39.11  penalty order may be enforced in the same manner as a final 
 39.12  judgment of the district court.  This paragraph does not 
 39.13  preclude district court review of the merits of an 
 39.14  administrative penalty order if the order is appealed by the 
 39.15  administrative agent under section 299A.802, subdivision 5. 
 39.16     (c) If an administrative agent fails to pay an 
 39.17  administrative penalty, the attorney general may bring a civil 
 39.18  action in district court seeking payment of the penalty, 
 39.19  injunctive relief, or other appropriate relief including 
 39.20  monetary damages, attorney fees, costs, and interest. 
 39.21     Subd. 7.  [RECOVERY OF REASONABLE COSTS AND ATTORNEY 
 39.22  FEES.] (a) In any judicial action brought by the attorney 
 39.23  general for civil penalties, injunctive relief, or an action to 
 39.24  compel performance pursuant to this section, if the state 
 39.25  finally prevails, and if the proven violation was willful, the 
 39.26  state, in addition to other penalties provided by law, may be 
 39.27  allowed an amount determined by the court to be the reasonable 
 39.28  value of all or part of the costs and attorney fees incurred by 
 39.29  the state or the prevailing party.  In determining the amount of 
 39.30  the reasonable costs and attorney fees to be allowed, the court 
 39.31  must give consideration to the economic circumstances of the 
 39.32  defendant. 
 39.33     (b) However, if a defendant prevails, the court may award 
 39.34  the reasonable value of all or part of the reasonable costs and 
 39.35  attorney fees incurred by the defendant. 
 39.36     Subd. 8.  [EDUCATION AND COMPLIANCE ACCOUNT; MONEY 
 40.1   ALLOCATED.] An education and compliance account is created for 
 40.2   the deposit of administrative penalty order receipts.  Of the 
 40.3   funds deposited in this account, the commissioner is authorized 
 40.4   to expend up to $5,000 per fiscal year for education and 
 40.5   compliance activities related to the regulated parties affected 
 40.6   by this chapter.  At the end of each biennium, all money not 
 40.7   expended lapses to the general fund. 
 40.8      Subd. 9.  [PLAN FOR USING ADMINISTRATIVE PENALTIES AND 
 40.9   CEASE AND DESIST AUTHORITY.] The commissioner shall prepare a 
 40.10  plan for using the administrative penalty order and cease and 
 40.11  desist authority in this section.  The commissioner shall 
 40.12  provide a 30-day period for public comment on the plan.  The 
 40.13  plan must be finalized by July 1, 2004, and may be modified as 
 40.14  necessary upon subsequent notice and opportunity for comment. 
 40.15     Sec. 30.  [299A.801] [CORRECTIVE ORDERS AND INJUNCTIONS.] 
 40.16     Subdivision 1.  [CORRECTIVE ORDERS.] (a) Before seeking an 
 40.17  administrative penalty order under section 299A.802, the 
 40.18  commissioner must issue a corrective order that requires the 
 40.19  administrative agent to correct the violation of statute, rule, 
 40.20  or other authority.  The corrective order must state the 
 40.21  deficiencies that constitute the violation of the specific 
 40.22  statute, rule, or other authority, and the time by which the 
 40.23  violation must be corrected.  In addition to service by 
 40.24  certified mail on the administrative agent, a copy of the 
 40.25  corrective order must be given to the county auditor in the 
 40.26  county where the administrative agent is located.  
 40.27     (b) The administrative agent to whom the corrective order 
 40.28  was issued shall provide information to the commissioner, by the 
 40.29  due date stated in the corrective order, demonstrating that the 
 40.30  violation has been corrected or that the administrative agent 
 40.31  has developed a corrective plan acceptable to the commissioner.  
 40.32  The commissioner must determine whether the violation has been 
 40.33  corrected and notify the administrative agent subject to the 
 40.34  order of the commissioner's determination. 
 40.35     (c) If the administrative agent believes that the 
 40.36  information contained in the commissioner's corrective order is 
 41.1   in error, the administrative agent may ask the commissioner to 
 41.2   reconsider the parts of the corrective order that are alleged to 
 41.3   be in error.  The request must: 
 41.4      (1) be in writing; 
 41.5      (2) be delivered to the commissioner by certified mail 
 41.6   within seven calendar days after receipt of the corrective 
 41.7   order; 
 41.8      (3) specify which parts of the corrective order are alleged 
 41.9   to be in error and explain why they are in error; and 
 41.10     (4) provide documentation to support the allegation of 
 41.11  error. 
 41.12     (d) The commissioner shall respond to requests made under 
 41.13  paragraph (c) within 15 calendar days after receiving a 
 41.14  request.  A request for reconsideration does not stay the 
 41.15  corrective order; however, after reviewing the request for 
 41.16  reconsideration, the commissioner may provide additional time to 
 41.17  comply with the order if necessary.  The commissioner's 
 41.18  disposition of a request for reconsideration of a corrective 
 41.19  order is final. 
 41.20     Subd. 2.  [CEASE AND DESIST ORDER.] The commissioner, or an 
 41.21  employee of the department designated by the commissioner, may 
 41.22  issue an order to cease an activity otherwise authorized by 
 41.23  statute, rule, or other authority if continuation of the 
 41.24  activity would result in an immediate risk to public safety.  A 
 41.25  cease and desist order issued under this subdivision is 
 41.26  effective for a maximum of 72 hours.  In conjunction with 
 41.27  issuing the cease and desist order, the commissioner may post a 
 41.28  sign to cease an activity until the cease and desist order is 
 41.29  lifted and the sign is removed by the commissioner.  To restrain 
 41.30  activities for a period beyond 72 hours, the commissioner must 
 41.31  seek an injunction or take other administrative action 
 41.32  authorized by law.  The issuance of a cease and desist order 
 41.33  does not preclude the commissioner from pursuing any other 
 41.34  enforcement action available to the commissioner. 
 41.35     Subd. 3.  [ACTION FOR INJUNCTIVE RELIEF.] In addition to 
 41.36  any other remedy provided by law, the commissioner may bring an 
 42.1   action for injunctive relief in the district court in Ramsey 
 42.2   county or, at the commissioner's discretion, in the district 
 42.3   court in the county in which a violation of a statute, rule, or 
 42.4   other authority has occurred to enjoin the violation. 
 42.5      Sec. 31.  [299A.802] [ADMINISTRATIVE PENALTY ORDERS.] 
 42.6      Subdivision 1.  [GENERAL.] The commissioner may issue an 
 42.7   administrative penalty order for a violation of statute, rule, 
 42.8   or other authority if an administrative agent has failed to 
 42.9   comply with a corrective order issued under section 299A.801 
 42.10  related to that violation.  The maximum amount of an 
 42.11  administrative penalty order is $10,000 for each administrative 
 42.12  agent for all violations identified in an inspection or review 
 42.13  of compliance.  In addition to service by certified mail on the 
 42.14  administrative agent, a copy of the administrative penalty order 
 42.15  must be given to the county auditor in the county where the 
 42.16  administrative agent is located.  
 42.17     Subd. 2.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 
 42.18  determining the amount of a penalty to be assessed under this 
 42.19  section, the commissioner may consider: 
 42.20     (1) the willfulness of the violation; 
 42.21     (2) the gravity of the violation, including damage to 
 42.22  consumers or the state; 
 42.23     (3) the history of past violations; 
 42.24     (4) the number of violations; 
 42.25     (5) the economic benefit gained by the administrative agent 
 42.26  by allowing or committing the violation; and 
 42.27     (6) other factors as justice may require, if the 
 42.28  commissioner specifically identifies the additional factors in 
 42.29  the commissioner's order. 
 42.30     (b) If an administrative agent violates a corrective order 
 42.31  after a violation of a previous corrective order, the 
 42.32  commissioner, in determining the amount of a penalty, must 
 42.33  consider the factors in paragraph (a) and the following factors: 
 42.34     (1) similarity of the most recent previous violation of a 
 42.35  corrective order and the violation to be penalized; 
 42.36     (2) time elapsed since the last violation of a corrective 
 43.1   order; 
 43.2      (3) number of previous violations; and 
 43.3      (4) response of the administrative agent to the most recent 
 43.4   previous violation identified. 
 43.5      Subd. 3.  [CONTENTS OF ORDER.] An administrative penalty 
 43.6   order under this section must include: 
 43.7      (1) a concise statement of the facts alleged to constitute 
 43.8   a violation; 
 43.9      (2) a reference to the portion of the statute, rule, 
 43.10  variance, order, or stipulation agreement or the term or 
 43.11  condition of a permit that has been violated; 
 43.12     (3) a description of the violation of the corrective order 
 43.13  that forms the basis for issuance of the administrative penalty 
 43.14  order; 
 43.15     (4) a statement of the amount of the administrative penalty 
 43.16  to be imposed and the factors upon which the penalty is based; 
 43.17  and 
 43.18     (5) a statement of the administrative agent's right to 
 43.19  review and appeal of the administrative penalty order. 
 43.20     Subd. 4.  [DUE DATE.] (a) Unless the administrative agent 
 43.21  requests review of the administrative penalty order under 
 43.22  subdivision 5 before the penalty is due, the penalty in the 
 43.23  order is due and payable on the 31st day after the 
 43.24  administrative penalty order was received, if the administrative 
 43.25  agent subject to the order fails to provide information to the 
 43.26  commissioner showing that the violation has been corrected or 
 43.27  that appropriate steps have been taken toward correcting the 
 43.28  violation.  These requirements may be waived or extended by the 
 43.29  commissioner.  
 43.30     (b) Interest at the rate established in section 549.09 
 43.31  begins to accrue on penalties under this subdivision on the 31st 
 43.32  day after the order with the penalty was received, unless waived 
 43.33  by the commissioner. 
 43.34     Subd. 5.  [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 
 43.35  days after receiving an administrative penalty order, the 
 43.36  administrative agent subject to an order under this section may 
 44.1   request an expedited hearing, using the procedures of Minnesota 
 44.2   Rules, parts 1400.8510 to 1400.8612, or their successor rules, 
 44.3   to review the commissioner's action.  The hearing request must 
 44.4   specifically state the reasons for seeking review of the 
 44.5   administrative penalty order.  The administrative agent to whom 
 44.6   the administrative penalty order is directed and the 
 44.7   commissioner are the parties to the expedited hearing.  At least 
 44.8   15 days before the hearing, the commissioner shall notify the 
 44.9   administrative agent to whom the administrative penalty order is 
 44.10  directed of the time and place of the hearing.  The expedited 
 44.11  hearing must be held within 30 days after a request for hearing 
 44.12  has been filed with the commissioner unless the parties agree to 
 44.13  a later date. 
 44.14     (b) All written arguments must be submitted within ten days 
 44.15  following the close of the hearing.  The hearing must be 
 44.16  conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 
 44.17  or their successor rules, as modified by this subdivision.  The 
 44.18  office of administrative hearings, in consultation with the 
 44.19  agency, may adopt rules specifically applicable to cases under 
 44.20  this section. 
 44.21     (c) Within 30 days following the close of the record, the 
 44.22  administrative law judge shall issue a report making 
 44.23  recommendations about the commissioner's action to the 
 44.24  commissioner.  The administrative law judge may not recommend a 
 44.25  change in the amount of the proposed administrative penalty 
 44.26  unless the administrative law judge determines that, based on 
 44.27  the factors in subdivision 1, the amount of the administrative 
 44.28  penalty is unreasonable.  
 44.29     (d) If the administrative law judge makes a finding that 
 44.30  the hearing was requested solely for purposes of delay or that 
 44.31  the hearing request was frivolous, the commissioner may add to 
 44.32  the amount of the administrative penalty the costs charged to 
 44.33  the agency by the office of administrative hearings for the 
 44.34  hearing. 
 44.35     (e) If a hearing has been held, the commissioner may not 
 44.36  issue a final order until at least five days after receipt of 
 45.1   the report of the administrative law judge.  Within those five 
 45.2   days, the administrative agent to whom an administrative penalty 
 45.3   order is issued may comment to the commissioner on the 
 45.4   recommendations and the commissioner shall consider the 
 45.5   comments.  The final administrative penalty order may be 
 45.6   appealed to the district court for a de novo review of the order.
 45.7      (f) If a hearing has been held and a final administrative 
 45.8   penalty order issued by the commissioner, the administrative 
 45.9   penalty must be paid by 30 days after the date the final order 
 45.10  is received unless it is appealed to the district court.  If an 
 45.11  appeal is not taken or the administrative penalty order is 
 45.12  upheld on appeal, the amount due is the administrative penalty, 
 45.13  together with interest accruing from 31 days after the original 
 45.14  order was received, at the rate established in section 549.09. 
 45.15     Subd. 6.  [MEDIATION.] In addition to review under 
 45.16  subdivision 5, the commissioner may enter into mediation 
 45.17  concerning an order issued under this section if the 
 45.18  commissioner and the administrative agent to whom the order is 
 45.19  issued both agree to mediation. 
 45.20     Sec. 32.  Minnesota Statutes 2002, section 299E.03, 
 45.21  subdivision 3, is amended to read: 
 45.22     Subd. 3.  [EXPIRATION AND COMPENSATION.] Notwithstanding 
 45.23  section 15.059, The oversight committee does not expire expires 
 45.24  June 30, 2004.  Committee members may not receive compensation 
 45.25  for serving, but may receive expense reimbursements as provided 
 45.26  in section 15.059. 
 45.27     Sec. 33.  [331A.12] [WEB SITE PUBLICATION OF LOCAL 
 45.28  TRANSPORTATION RFP.] 
 45.29     Subdivision 1.  [DEFINITIONS.] (a) The terms defined in 
 45.30  this subdivision and section 331A.01 apply to this section. 
 45.31     (b) "Web site" means a specific, addressable location 
 45.32  provided on a server connected to the Internet and hosting World 
 45.33  Wide Web pages and other files that are generally accessible on 
 45.34  the Internet all or most of the day. 
 45.35     Subd. 2.  [DESIGNATION.] At the meeting of the governing 
 45.36  body of the local public corporation at which the governing body 
 46.1   must designate its official newspaper for the year, the 
 46.2   governing body may designate in the same manner publication of 
 46.3   transportation projects on the local public corporation's Web 
 46.4   site.  Publication on the Web site may be used in place of or in 
 46.5   addition to any other required form of publication.  Each year 
 46.6   after designating publication on the Web site for transportation 
 46.7   projects, the local public corporation must publish in a 
 46.8   qualified newspaper in the jurisdiction and on the Web site, 
 46.9   notice that the local public corporation will publish any 
 46.10  advertisements for bids on its Web site. 
 46.11     Subd. 3.  [FORM, TIME FOR PUBLICATION SAME.] A local public 
 46.12  corporation that publishes on its Web site under this section 
 46.13  must post the information in substantially the same format and 
 46.14  for the same period of time as required for publication in an 
 46.15  official newspaper or another other print publication. 
 46.16     Subd. 4.  [RECORD RETENTION.] A local public corporation 
 46.17  that publishes notice on its Web site under this section must 
 46.18  ensure that a permanent record of publication is maintained in a 
 46.19  form accessible by the public. 
 46.20     Sec. 34.  [373.29] [EXEMPTION FROM PERMIT REQUIREMENTS.] 
 46.21     Notwithstanding any statute or rule that requires a county 
 46.22  to obtain a permit to reconstruct or maintain a highway, a 
 46.23  county that reconstructs or maintains a county or county 
 46.24  state-aid highway within the right-of-way of an existing county 
 46.25  or county state-aid highway is exempt from all permits.  This 
 46.26  exemption does not relieve any county from any substantive 
 46.27  requirement imposed by law or rule other than a requirement to 
 46.28  obtain a permit. 
 46.29     Sec. 35.  [414.038] [EFFECT OF ANNEXATION OF TOWNSHIP 
 46.30  ROADS.] 
 46.31     Whenever a municipality annexes property abutting one side 
 46.32  of a township road, the segment of road abutting the annexed 
 46.33  property must be treated as a line road and is subject to 
 46.34  section 164.14.  Whenever a municipality annexes the property on 
 46.35  both sides of a township road, that portion of road abutting the 
 46.36  annexed property ceases to be a town road and becomes the 
 47.1   obligation of the annexing municipality.  This section does not 
 47.2   prohibit the annexing municipality from contracting with the 
 47.3   township for continued maintenance of the road.  Any portion of 
 47.4   a township road that ceases to be a township road pursuant to 
 47.5   this section may still be counted as a township road for the 
 47.6   road-and-bridge account revenues for the year in which the 
 47.7   annexation occurs. 
 47.8      Sec. 36.  [414.039] [EFFECT OF ANNEXATION ON EASEMENTS.] 
 47.9      If a municipality annexes property in which the affected 
 47.10  township holds any easement for the benefit of the public, the 
 47.11  township's easement interest continues unless otherwise agreed 
 47.12  to by the township.  
 47.13     Sec. 37.  Minnesota Statutes 2002, section 471.345, 
 47.14  subdivision 14, is amended to read: 
 47.15     Subd. 14.  [DAMAGE AWARDS.] In any action brought 
 47.16  challenging the validity of a municipal contract under this 
 47.17  section, the court shall not award, damages as any part of its 
 47.18  judgment, damages, or attorney's fees, but may award an 
 47.19  unsuccessful bidder the costs of preparing an unsuccessful bid.  
 47.20  If the court finds that the municipality has engaged in unlawful 
 47.21  bidding practices and invalidates the award of the bid, the 
 47.22  court may award reasonable attorney fees and costs to the 
 47.23  protester.  If the court finds that the municipality did not 
 47.24  violate the law, and the award is not invalidated, the court may 
 47.25  award reasonable attorney fees and costs to the municipality if 
 47.26  the court makes the further finding that the protest was filed 
 47.27  without substantial basis in fact or law. 
 47.28     Sec. 38.  [473.92] [DEFINITIONS.] 
 47.29     Subdivision 1.  [APPLICABILITY.] The terms in sections 
 47.30  473.92 to 473.94 have the meanings given them in this section. 
 47.31     Subd. 2.  [CAPITAL IMPROVEMENT PROJECT.] "Capital 
 47.32  improvement project" means any of the following types of 
 47.33  projects for which the council has authority under law to 
 47.34  acquire easements by eminent domain:  construction, expansion, 
 47.35  or improvement of public transit facilities, including exclusive 
 47.36  transit ways, park-and-ride facilities, passenger hubs, and 
 48.1   vehicle maintenance facilities.  
 48.2      Subd. 3.  [FINAL LAYOUT.] (a) "Final layout" means 
 48.3   geometric layouts and supplemental drawings that show the 
 48.4   location, character, dimensions, access, property or 
 48.5   right-of-way limits, easements acquired, and explanatory 
 48.6   information about a capital improvement project. 
 48.7      (b) In the case of public transit facilities, final layout 
 48.8   includes any improvements to roadways, bridges, intersections, 
 48.9   and approaches that are an essential element of the project. 
 48.10     Subd. 4.  [CITY.] "City" means a home rule charter or 
 48.11  statutory city within the metropolitan area. 
 48.12     Subd. 5.  [GOVERNING BODY.] "Governing body" means the city 
 48.13  council of a city. 
 48.14     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 48.15  following final enactment and applies in the counties of Anoka, 
 48.16  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
 48.17     Sec. 39.  [473.93] [APPROVAL OF FINAL LAYOUT.] 
 48.18     Subdivision 1.  [SUBMISSION OF FINAL LAYOUT.] Before 
 48.19  proceeding with the construction of a capital improvement 
 48.20  project lying within a city, the council shall submit to its 
 48.21  governing body a final layout of the project.  The final layout 
 48.22  must be submitted as part of a report containing any supporting 
 48.23  data that the council deems helpful to the governing body in 
 48.24  reviewing the final layout submitted.  The supporting data must 
 48.25  include a detailed description of all easements that the council 
 48.26  determines will be or may be taken by eminent domain. 
 48.27     Subd. 2.  [GOVERNING BODY ACTION.] (a) Within 15 days of 
 48.28  receiving a final layout from the council, the governing body 
 48.29  shall schedule a public hearing on the final layout.  The 
 48.30  governing body shall, within 60 days of receiving a final layout 
 48.31  from the council, conduct a public hearing at which the council 
 48.32  shall present the final layout for the project.  The governing 
 48.33  body shall give at least 30 days' notice of the public hearing. 
 48.34     (b) Within 90 days from the date of the public hearing, the 
 48.35  governing body shall approve or disapprove the final layout in 
 48.36  writing, as provided in clause (1), (2), or (3): 
 49.1      (1) if the governing body approves the final layout or does 
 49.2   not disapprove the final layout in writing within 90 days, in 
 49.3   which case the final layout is deemed to be approved, the 
 49.4   council may continue the project development; 
 49.5      (2) if the final construction plans for a project contain 
 49.6   significant changes in acquisition of easements from the final 
 49.7   layout approved by the governing body, the council shall 
 49.8   resubmit the portion of the final construction plans where 
 49.9   changes were made to the governing body.  The governing body 
 49.10  must approve or disapprove the changes, in writing, within 60 
 49.11  days from the date the council submits them; 
 49.12     (3) if the governing body disapproves the final layout, the 
 49.13  council may make modifications requested by the municipality, 
 49.14  decide not to proceed with the project, or refer the final 
 49.15  layout to an appeal board.  
 49.16     (c) The appeal board shall consist of one member appointed 
 49.17  by the chair of the council, one member appointed by the 
 49.18  governing body, and a third member agreed upon by both the 
 49.19  council chair and the governing body.  If the council chair and 
 49.20  the governing body cannot agree upon the third member, the chief 
 49.21  justice of the supreme court shall appoint a third member within 
 49.22  14 days of the request of the council to appoint the third 
 49.23  member. 
 49.24     Subd. 3.  [APPEAL BOARD.] Within 30 days after referral of 
 49.25  the final layout, the appeal board shall hold a hearing at which 
 49.26  the council and the governing body may present the case for or 
 49.27  against approval of the final layout referred.  Not later than 
 49.28  60 days after the hearing, the appeal board shall recommend 
 49.29  approval, approval with modifications, or disapproval of the 
 49.30  final layout, making additional recommendations consistent with 
 49.31  state and federal requirements as it considers appropriate.  It 
 49.32  shall submit a written report containing its findings and 
 49.33  recommendations to the council and the governing body. 
 49.34     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 49.35  following final enactment and applies in the counties of Anoka, 
 49.36  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
 50.1      Sec. 40.  [473.94] [COUNCIL ACTION.] 
 50.2      Subdivision 1.  [ACTION ON APPROVED FINAL LAYOUT.] If the 
 50.3   appeal board recommends approval of the final layout or does not 
 50.4   submit its findings or recommendations within 60 days of the 
 50.5   hearing, in which case the final layout is deemed approved, the 
 50.6   council may prepare substantially similar final construction 
 50.7   plans and proceed with the project.  If the final construction 
 50.8   plans contain significant changes in the acquisition of 
 50.9   easements from the final layout approved by the appeal board, 
 50.10  the council shall submit the portion of the final construction 
 50.11  plan that shows the changes to the governing body for its 
 50.12  approval or disapproval under section 473.93, subdivision 2. 
 50.13     Subd. 2.  [ACTION ON FINAL LAYOUT APPROVED WITH 
 50.14  CHANGES.] (a) If the appeal board approves the final layout with 
 50.15  modifications, the council may: 
 50.16     (1) prepare final construction plans including the 
 50.17  modifications, notify the governing body, and proceed with the 
 50.18  project; 
 50.19     (2) decide not to proceed with the project; or 
 50.20     (3) prepare a new final layout and resubmit it to the 
 50.21  governing body for approval or disapproval under section 473.93, 
 50.22  subdivision 2. 
 50.23     (b) If the final construction plans contain significant 
 50.24  changes in acquisition of easements from the final layout 
 50.25  approved by the appeal board or the governing body, the council 
 50.26  shall resubmit the portion of the final construction plans that 
 50.27  shows the changes to the governing body for its approval or 
 50.28  disapproval under section 473.93, subdivision 2. 
 50.29     Subd. 3.  [ACTION ON DISAPPROVED FINAL LAYOUT.] If the 
 50.30  appeal board disapproves the final layout, the council may: 
 50.31     (1) decide not to proceed with the project; or 
 50.32     (2) prepare a new final layout and submit it to the 
 50.33  governing body for approval or disapproval under section 473.93, 
 50.34  subdivision 2. 
 50.35     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 50.36  following final enactment and applies in the counties of Anoka, 
 51.1   Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
 51.2      Sec. 41.  Laws 1999, chapter 238, article 1, section 2, 
 51.3   subdivision 2, is amended to read: 
 51.4   Subd. 2.  Aeronautics                 19,327,000     19,410,000
 51.5                 Summary by Fund
 51.6   Airports            19,266,000     19,349,000
 51.7   General                 50,000         50,000
 51.8   Trunk Highway           11,000         11,000
 51.9   Except as otherwise provided, the 
 51.10  appropriations in this subdivision are 
 51.11  from the state airports fund. 
 51.12  The amounts that may be spent from this 
 51.13  appropriation for each activity are as 
 51.14  follows:  
 51.15  (a) Airport Development and Assistance 
 51.16        2000           2001
 51.17      13,948,000     13,948,000
 51.18  $12,846,000 the first year and 
 51.19  $12,846,000 the second year are for 
 51.20  navigational aids, construction grants, 
 51.21  and maintenance grants.  If the 
 51.22  appropriation for either year is 
 51.23  insufficient, the appropriation for the 
 51.24  other year is available for it. 
 51.25  These appropriations must be spent in 
 51.26  accordance with Minnesota Statutes, 
 51.27  section 360.305, subdivision 4. 
 51.28  Notwithstanding Minnesota Statutes, 
 51.29  section 16A.28, subdivision 6, funds 
 51.30  are available for five years after 
 51.31  appropriation. 
 51.32  (b) Aviation Support 
 51.33       5,247,000      5,329,000
 51.34  $65,000 the first year and $65,000 the 
 51.35  second year are for the civil air 
 51.36  patrol. 
 51.37  (c) Air Transportation Services 
 51.38         132,000        133,000 
 51.39                Summary by Fund
 51.40  Airports                 71,000         72,000
 51.41  General                  50,000         50,000
 51.42  Trunk Highway            11,000         11,000
 51.43     Sec. 42.  Laws 2001, First Special Session chapter 8, 
 51.44  article 1, section 2, subdivision 2, is amended to read: 
 52.1   Subd. 2.  Aeronautics                 20,748,000     20,489,000
 52.2                 Summary by Fund
 52.3   Airports            20,687,000     20,428,000
 52.4   General                 50,000         50,000
 52.5   Trunk Highway           11,000         11,000
 52.6   Except as otherwise provided, the 
 52.7   appropriations in this subdivision are 
 52.8   from the state airports fund. 
 52.9   The amounts that may be spent from this 
 52.10  appropriation for each activity are as 
 52.11  follows:  
 52.12  (a) Airport Development and Assistance 
 52.13      14,298,000     14,298,000
 52.14  These appropriations must be spent 
 52.15  according to Minnesota Statutes, 
 52.16  section 360.305, subdivision 4. 
 52.17  If the appropriation for either year is 
 52.18  insufficient, the appropriation for the 
 52.19  other year is available for it. 
 52.20  Notwithstanding Minnesota Statutes, 
 52.21  section 16A.28, subdivision 6, funds 
 52.22  are available for five years after 
 52.23  appropriation. 
 52.24  (b) Aviation Support 
 52.25       6,315,000      6,053,000
 52.26  $65,000 the first year and $65,000 the 
 52.27  second year are for the civil air 
 52.28  patrol. 
 52.29  $600,000 each year is for GPS 
 52.30  navigation systems.  Of this amount, 
 52.31  $250,000 each year adds to the agency's 
 52.32  budget base. 
 52.33  $400,000 the first year and $50,000 the 
 52.34  second year are for the development of 
 52.35  on-line aircraft registration 
 52.36  capabilities. 
 52.37  (c) Air Transportation Services 
 52.38         135,000        138,000 
 52.39                Summary by Fund
 52.40  Airports                 74,000         77,000
 52.41  General                  50,000         50,000
 52.42  Trunk Highway            11,000         11,000
 52.43  The commissioner shall take all 
 52.44  feasible actions to seek a waiver from 
 52.45  the appropriate federal authorities 
 52.46  that would allow the commissioner to 
 52.47  sell the airplane described in Laws 
 52.48  1997, chapter 159, article 1, section 
 53.1   2, subdivision 2, clause (c).  Any 
 53.2   proceeds from the sale of the airplane 
 53.3   must be deposited in the general fund. 
 53.4      Sec. 43.  [TRANSFER FROM LOAN FUND.] 
 53.5      The commissioner of finance shall transfer to the general 
 53.6   fund $8,200,000 of the money appropriated to the transportation 
 53.7   revolving loan fund under Laws 2000, chapter 479, article 1, 
 53.8   section 6, subdivision 2.  This transfer must be made at the 
 53.9   rate of $4,100,000 each year of the 2004-2005 biennium. 
 53.10     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 53.11     Sec. 44.  [FEDERAL FUNDS ALLOCATION.] 
 53.12     The transportation advisory board of the metropolitan 
 53.13  council must allocate federal congestion mitigation and air 
 53.14  quality funds each year so that at least one-half of those funds 
 53.15  are allocated to highway projects. 
 53.16     Sec. 45.  [STUDY.] 
 53.17     The commissioner of transportation shall convene a panel 
 53.18  consisting of highway users, motor carriers, current suppliers 
 53.19  of goods and services to or for highway rest areas, and other 
 53.20  persons directly affected by the department of transportation's 
 53.21  highway rest area program.  The panel shall consider: 
 53.22     (1) financing and partnership opportunities at highway rest 
 53.23  areas; 
 53.24     (2) impact of changes in rest area operations on the blind 
 53.25  and on low-income senior citizens; and 
 53.26     (3) impact of those changes on the safety of the traveling 
 53.27  public and on motor carriers.  The panel shall also evaluate the 
 53.28  impact of these changes on the supply of parking for commercial 
 53.29  vehicles and make recommendations on ways to preserve needed 
 53.30  spaces and meet further demand. 
 53.31     By January 15, 2004, the commissioner shall report to the 
 53.32  legislative committees having jurisdiction over transportation 
 53.33  policy and finance on the findings and recommendations of the 
 53.34  panel. 
 53.35     Sec. 46.  [REPORT.] 
 53.36     The commissioner shall, to the maximum feasible extent, 
 53.37  enter into lease agreements under section 160.28, subdivision 
 54.1   3.  By January 15, 2005, the commissioner shall report to the 
 54.2   legislative committees having jurisdiction over transportation 
 54.3   policy and finance on existing lease agreements, revenues 
 54.4   collected and projected, and the impact of the lease agreements 
 54.5   and revenues on the highway rest area program. 
 54.6      Sec. 47.  [RESTORATION OF STATE AIRPORTS FUND CASH 
 54.7   BALANCE.] 
 54.8      Any money transferred from the state airports fund to the 
 54.9   general fund during the fiscal year ending June 30, 2003, must 
 54.10  be restored to the state airports fund by law effective July 1, 
 54.11  2007.  
 54.12     Sec. 48.  [TRANSITION.] 
 54.13     Subdivision 1.  [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] 
 54.14  The commissioner of the bureau of mediation services shall 
 54.15  assign the job classifications and positions of employees 
 54.16  working as public safety radio communications operators to state 
 54.17  employee bargaining unit 17. 
 54.18     Subd. 2.  [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms 
 54.19  and conditions of the collective bargaining agreement, memoranda 
 54.20  of understanding, or other salary and benefit provisions 
 54.21  covering public safety radio communications operators 
 54.22  immediately before the effective date of this section remain in 
 54.23  effect until a successor agreement between the commissioner of 
 54.24  employee relations and the exclusive representative of 
 54.25  bargaining unit 17 becomes effective, subject to Minnesota 
 54.26  Statutes, section 179A.20, subdivision 6. 
 54.27     Subd. 3.  [EXCLUSIVE REPRESENTATIVE.] The employee 
 54.28  organization that is the exclusive representative of employees 
 54.29  assigned to bargaining unit 17 on the day before the effective 
 54.30  date of this section must be certified by the commissioner of 
 54.31  the bureau of mediation services as the exclusive representative 
 54.32  of newly created bargaining unit 17, subject to future changes 
 54.33  as provided in Minnesota Statutes, section 179A.12.  For 
 54.34  employees assigned to bargaining unit 17, the exclusive 
 54.35  representative retains all rights and obligations under the 
 54.36  contract governing these employees immediately before the 
 55.1   effective date of this section, so long as that contract 
 55.2   continues to apply to those employees. 
 55.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003.  
 55.4      Sec. 49.  [BUS RAPID TRANSIT STUDY.] 
 55.5      Subdivision 1.  [STUDY REQUIRED.] The department of 
 55.6   transportation shall conduct a study on the feasibility of 
 55.7   implementing a bus rapid transit (BRT) system in the I-35W 
 55.8   corridor from downtown Minneapolis through south Minneapolis and 
 55.9   the cities of Richfield, Bloomington, Burnsville, and 
 55.10  Lakeville.  Bus rapid transit systems are those systems that 
 55.11  provide for significantly faster operating bus speeds, 
 55.12  integrated service, greater service reliability, and increased 
 55.13  convenience through investments in bus infrastructure, 
 55.14  equipment, technology, and operational improvements.  
 55.15     Subd. 2.  [STUDY REQUIREMENTS.] The study must, at a 
 55.16  minimum, include an analysis of the benefits and costs of 
 55.17  implementing a bus rapid transit system that includes the 
 55.18  following: 
 55.19     (1) frequent operation of buses on exclusive or 
 55.20  near-exclusive right-of-way on marked interstate highway 35W; 
 55.21     (2) changes in bus or platform design and fare collection 
 55.22  that provide for faster convenient boarding; 
 55.23     (3) station locations that are adjacent to, or easily 
 55.24  accessible from, the exclusive right-of-way; 
 55.25     (4) traffic management improvements and traffic signal 
 55.26  preemption on local streets within the I-35W corridor; and 
 55.27     (5) changes to existing transit services to provide for 
 55.28  timely connections and transfers.  
 55.29     Subd. 3.  [STUDY RECOMMENDATIONS.] The study must recommend:
 55.30     (1) options for implementing bus rapid transit in the I-35W 
 55.31  corridor; 
 55.32     (2) the associated cost of each option; and 
 55.33     (3) the anticipated benefits in terms of reduced travel 
 55.34  times, increased ridership, increased mobility, and impacts on 
 55.35  congestion levels within the corridor.  
 55.36     The study must be submitted by December 10, 2004, to the 
 56.1   house of representatives and senate committees with jurisdiction 
 56.2   over transportation policy and finance.  
 56.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003.  
 56.4      Sec. 50.  [TRANSIT CENTER IN BROOKLYN CENTER.] 
 56.5      The metropolitan council must construct and maintain a 
 56.6   transit center in Brooklyn Center to service the area.  The 
 56.7   center must include adequate bathroom facilities, must be 
 56.8   climate controlled, and must be off the street.  The center must 
 56.9   be located north of Bass Lake Road, east of Shingle Creek 
 56.10  Parkway, and west of marked trunk highway 100 and must be 
 56.11  completed and operational by June 1, 2004. 
 56.12     Sec. 51.  [STUDY; USE OF CENTERLINE RUMBLE STRIPS.] 
 56.13     The commissioner of transportation shall study the 
 56.14  feasibility and practicability of: 
 56.15     (1) including milled-in rumble strips on the centerline of 
 56.16  the highway in all projects for the construction, 
 56.17  reconstruction, or resurfacing of two-lane trunk highways; and 
 56.18     (2) requiring that all projects for the construction, 
 56.19  reconstruction, or resurfacing of two-lane county state-aid 
 56.20  highways include milled-in rumble strips on the centerline of 
 56.21  the highway. 
 56.22     Sec. 52.  [SOUTHWEST CORRIDOR RAIL TRANSIT; PROHIBITIONS.] 
 56.23     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 56.24  "southwest transit way corridor" means the southwest transit way 
 56.25  corridor between Minneapolis and Eden Prairie as identified by 
 56.26  the Hennepin county regional rail authority in its southwest 
 56.27  corridor rail transit study. 
 56.28     Subd. 2.  [PROHIBITIONS.] Neither the commissioner of 
 56.29  transportation, the metropolitan council, nor the Hennepin 
 56.30  county regional rail authority may take any action or spend any 
 56.31  money for preliminary engineering, final design, or construction 
 56.32  for light rail or commuter rail transit in the southwest transit 
 56.33  way corridor. 
 56.34     Sec. 53.  [MUNICIPAL CONSENT LAW AND CROSSTOWN HIGHWAY 
 56.35  PROJECT.] 
 56.36     For purposes of obtaining municipal approval under 
 57.1   Minnesota Statutes, sections 161.162 to 161.167, the entire 
 57.2   marked interstate highway 35W/marked trunk highway 62 
 57.3   interchange improvement project is deemed to be entirely within 
 57.4   the interstate highway system.  On marked interstate highway 
 57.5   35W, the project limits are from 66th Street in the city of 
 57.6   Richfield to 42nd Street in the city of Minneapolis.  On marked 
 57.7   trunk highway 62, the project limits are from the first 
 57.8   interchange west of the commons area at Penn Avenue to the first 
 57.9   interchange east of the commons section at Portland Avenue.  
 57.10     Sec. 54.  [PLANTING REQUIREMENTS; RESTRICTIONS.] 
 57.11     (a) No state agency or soil and water conservation district 
 57.12  may require the planting of native grass seeds or native 
 57.13  wildflowers as a condition for the issuance of a permit to any 
 57.14  local governmental unit. 
 57.15     (b) Paragraph (a) does not apply to grasses or flowers 
 57.16  planted within replacement wetland acres. 
 57.17     Sec. 55.  [REPEALER.] 
 57.18     (a) Minnesota Statutes 2002, section 16A.88, subdivision 3, 
 57.19  is repealed. 
 57.20     (b) Minnesota Statutes 2002, section 169.794, is repealed. 
 57.21     (c) Minnesota Statutes 2002, section 169.799, is repealed. 
 57.22     (d) Minnesota Rules, part 7403.1300, is repealed. 
 57.23     (e) Minnesota Rules, part 7413.0400, is repealed. 
 57.24     (f) Minnesota Rules, part 7413.0500, is repealed. 
 57.25     Sec. 56.  [EFFECTIVE DATE.] 
 57.26     This article is effective the day following final 
 57.27  enactment, unless otherwise specified. 
 57.28                             ARTICLE 3 
 57.29                       TRUNK HIGHWAY BONDING 
 57.30     Section 1.  [HIGHWAY AND TRANSIT APPROPRIATIONS.] 
 57.31     Subdivision 1.  [TRUNK HIGHWAY PROJECTS FINANCED BY STATE 
 57.32  BONDS.] (a) $550,000,000 is appropriated from the bond proceeds 
 57.33  account in the trunk highway fund to the commissioner of 
 57.34  transportation for trunk highway improvements.  This 
 57.35  appropriation is for: 
 57.36     (1) trunk highway improvements within the seven-county 
 58.1   metropolitan area primarily for improving traffic flow and 
 58.2   expanding highway capacity by eliminating traffic bottlenecks 
 58.3   and improving segments of at-risk interregional corridors within 
 58.4   the seven-county area; and 
 58.5      (2) trunk highway improvements on at-risk interregional 
 58.6   corridors located outside the seven-county metropolitan area. 
 58.7   These appropriations include the cost of actual payment to 
 58.8   landowners for lands acquired for highway right-of-way, payment 
 58.9   to lessees, interest subsidies, and relocation expenses.  Within 
 58.10  each category in clauses (1) and (2), the commissioner shall 
 58.11  spend not less than $25,000,000 on highway safety and capacity 
 58.12  improvement projects including but not limited to the addition 
 58.13  of lanes on trunk highway corridors with known safety problems.  
 58.14     (b) The commissioner of transportation may use up to 
 58.15  $93,500,000 of this appropriation for program delivery. 
 58.16     (c) The commissioner shall use $50,000,000 of this 
 58.17  appropriation for accelerating transit capital improvements on 
 58.18  trunk highways such as shoulder bus lanes, bus park-and-ride 
 58.19  facilities, and ramp meter-bypass facilities. 
 58.20     Subd. 2.  [REPORT.] The commissioner shall report to the 
 58.21  committees having jurisdiction over transportation finance in 
 58.22  the house of representatives and senate, no later than January 
 58.23  15, 2004, on projects selected to be funded by this 
 58.24  appropriation.  The report must include the geographic 
 58.25  distribution of the selected projects and their adherence to the 
 58.26  criteria listed in subdivision 1. 
 58.27     Subd. 3.  [PROHIBITION.] The commissioner shall not award a 
 58.28  construction contract with the proceeds from this section until 
 58.29  30 days after the submission of the report required in 
 58.30  subdivision 2. 
 58.31     Subd. 4.  [BOND SALE EXPENSES.] $550,000 is appropriated 
 58.32  from the bond proceeds account in the trunk highway fund to the 
 58.33  commissioner of finance for bond sale expenses under Minnesota 
 58.34  Statutes, section 16A.641, subdivision 8.  
 58.35     Subd. 5.  [ANTILAPSE.] Notwithstanding other law to the 
 58.36  contrary, the appropriations in this section do not cancel until 
 59.1   February 1, 2009. 
 59.2      Sec. 2.  [BOND SALE.] 
 59.3      To provide the money appropriated in section 1, 
 59.4   subdivisions 1 and 4, from the bond proceeds account in the 
 59.5   trunk highway fund, the commissioner of finance shall sell and 
 59.6   issue bonds of the state in an amount up to $550,550,000 in the 
 59.7   manner, on the terms, and with the effect prescribed by 
 59.8   Minnesota Statutes, sections 167.50 to 167.52, and by the 
 59.9   Minnesota Constitution, article XIV, section 11, at the times 
 59.10  and in the amounts requested by the commissioner of 
 59.11  transportation.  The proceeds of the bonds, except accrued 
 59.12  interest and any premium received from the sale of the bonds, 
 59.13  must be deposited in the bond proceeds account in the trunk 
 59.14  highway fund. 
 59.15     Sec. 3.  [ADVANCE CONSTRUCTION.] 
 59.16     (a) Through June 30, 2009, the commissioner of 
 59.17  transportation may spend up to $550,000,000 on trunk highway 
 59.18  improvements from funds approved for expenditure by the Federal 
 59.19  Highway Administration and designated as advance construction 
 59.20  funds. 
 59.21     (b) Any additional advance construction expenditures by the 
 59.22  commissioner approved by the Federal Highway Administration 
 59.23  through June 30, 2009, may be added to the amount in paragraph 
 59.24  (a). 
 59.25     Sec. 4.  [GREATER MINNESOTA TRANSIT.] 
 59.26     The commissioner of transportation may spend up to 
 59.27  $5,000,000 through June 30, 2008, in federal transit funds for 
 59.28  capital assistance to public transit systems under Minnesota 
 59.29  Statutes, section 174.24.  This amount is in addition to any 
 59.30  appropriations made by law for this purpose. 
 59.31     Sec. 5.  [REPORT.] 
 59.32     The commissioner shall report by January 15 of each year of 
 59.33  the 2004-2005 biennium to the chairs of the legislative 
 59.34  committees with jurisdiction over transportation policy and 
 59.35  finance on (1) how the department is spending the appropriations 
 59.36  in this article for trunk highway improvements, and (2) the 
 60.1   department's plans to implement trunk highway improvements 
 60.2   funded under this article with current department staffing, and 
 60.3   an analysis of the need for additional staffing and consultant 
 60.4   services. 
 60.5      Sec. 6.  [EFFECTIVE DATE.] 
 60.6      Sections 1 to 4 are effective the day following final 
 60.7   enactment.