Office of the Revisor of Statutes
SF 1534
1st Engrossment - 83rd Legislature (2003 - 2004)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to appropriations; appropriating money for 1.3 transportation, public safety, and other purposes; 1.4 authorizing issuance of trunk highway bonds; modifying 1.5 motor fuel taxes and motor vehicle registration fees; 1.6 modifying provisions relating to contract awards, 1.7 property appraisals, highways and highway rest areas, 1.8 high-occupancy vehicle lanes, county and town 1.9 cartways, forecasts of highway-related revenues and 1.10 expenditures, safe routes to school programs, pavement 1.11 striping, bus rapid transit and other transit, a land 1.12 exchange, and other transportation-related activities; 1.13 providing for fees, funds and accounts, transfers, 1.14 allocations, and expenditures; modifying provisions 1.15 regulating motor vehicles and license plates, vehicle 1.16 weight limits, speed limits and other traffic 1.17 regulations, traffic accidents, surcharges on 1.18 trooper-issued traffic citations, vehicle insurance, 1.19 drivers' licenses and identification cards, public 1.20 safety officer benefit funds, and other activities 1.21 related to public safety; authorizing administrative 1.22 powers, penalties, and remedies for public safety 1.23 purposes; requiring studies and reports; making 1.24 technical and clarifying changes; amending Minnesota 1.25 Statutes 2002, sections 16A.88, subdivision 1; 16C.10, 1.26 subdivision 7; 117.232, subdivision 1; 160.02, by 1.27 adding a subdivision; 160.28, by adding a subdivision; 1.28 161.04, by adding a subdivision; 161.20, subdivision 1.29 3; 162.07, subdivision 1, by adding subdivisions; 1.30 163.11, by adding subdivisions; 164.08, subdivision 2; 1.31 168.011, subdivision 22; 168.013, subdivisions 1a, 3; 1.32 168.12, subdivisions 2e, 5; 168.54, subdivision 4; 1.33 168A.29, subdivision 1; 169.01, by adding a 1.34 subdivision; 169.09, subdivision 1; 169.14, 1.35 subdivisions 2, 4, 5a; 169.18, subdivision 7; 169.42, 1.36 subdivisions 1, 5; 169.686, subdivision 1; 169.791, 1.37 subdivision 1; 169.796, by adding a subdivision; 1.38 169.797, subdivision 4a; 169.798, subdivision 1, by 1.39 adding a subdivision; 169.826, subdivision 1, by 1.40 adding a subdivision; 169.85, subdivision 2; 169.86, 1.41 subdivision 5; 169.89, by adding a subdivision; 1.42 171.015, by adding a subdivision; 171.04, subdivision 1.43 1; 171.05, subdivision 2b; 171.055, subdivision 2; 1.44 171.06, subdivisions 2, 3; 171.061, subdivision 4; 1.45 171.07, subdivisions 3, 4; 171.20, subdivision 4; 1.46 171.27; 171.29, subdivision 2; 174.02, by adding a 2.1 subdivision; 174.03, by adding a subdivision; 174.24, 2.2 subdivisions 1, 3b; 296A.07, subdivision 3; 296A.08, 2.3 subdivision 2; 297B.09, subdivision 1; 299A.465, 2.4 subdivision 4; 299D.03, subdivisions 5, 6, by adding a 2.5 subdivision; 299E.01, by adding a subdivision; 2.6 360.305, subdivision 4; Laws 1999, chapter 238, 2.7 article 1, section 2, subdivision 2; Laws 2000, 2.8 chapter 433, section 4; Laws 2001, First Special 2.9 Session chapter 8, article 1, section 2, subdivision 2.10 2; Laws 2002, chapter 374, article 11, section 10, 2.11 subdivision 3; proposing coding for new law in 2.12 Minnesota Statutes, chapters 160; 161; 171; 174; 299A; 2.13 repealing Minnesota Statutes 2002, sections 16A.88, 2.14 subdivision 3; 169.794; 169.799; 174.242; Minnesota 2.15 Rules, parts 7403.1300; 7413.0400; 7413.0500. 2.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.17 ARTICLE 1 2.18 TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS 2.19 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.20 The sums shown in the columns marked "APPROPRIATIONS" are 2.21 appropriated from the general fund, or another named fund, to 2.22 the agencies and for the purposes specified in this article, to 2.23 be available for the fiscal years indicated for each purpose. 2.24 The figures "2003," "2004," and "2005," where used in this 2.25 article, mean that the appropriations listed under them are 2.26 available for the fiscal year ending June 30, 2003, June 30, 2.27 2004, or June 30, 2005, respectively. If the figures are not 2.28 used, the appropriations are available for the fiscal year 2.29 ending June 30, 2004, or June 30, 2005, respectively. The term 2.30 "first year" means the year ending June 30, 2004, and the term 2.31 "second year" means the year ending June 30, 2005. 2.32 SUMMARY BY FUND 2.33 2004 2005 TOTAL 2.34 General $ 86,909,000 $ 89,115,000 $ 176,024,000 2.35 For 2003-($110,000,000) 2.36 Airports 19,458,000 19,458,000 38,916,000 2.37 C.S.A.H. 426,020,000 433,631,000 859,651,000 2.38 M.S.A.S. 112,290,000 114,661,000 226,951,000 2.39 Special Revenue 994,000 994,000 1,988,000 2.40 Highway User 11,186,000 11,186,000 22,372,000 2.41 Trunk Highway 1,152,883,000 1,145,956,000 2,298,839,000 2.42 Trunk Highway Fund 2.43 Bond Proceeds Account 3.1 For 2003-$110,110,000 3.2 TOTAL $1,808,670,000 $1,813,971,000 $3,622,641,000 3.3 APPROPRIATIONS 3.4 Available for the Year 3.5 Ending June 30 3.6 2004 2005 3.7 Sec. 2. TRANSPORTATION 3.8 Subdivision 1. Total 3.9 Appropriation $1,632,988,000 $1,636,084,000 3.10 The appropriations in this section are 3.11 from the trunk highway fund, except 3.12 when another fund is named. 3.13 Summary by Fund 3.14 2004 2005 3.15 General 17,220,000 17,221,000 3.16 Airports 19,408,000 19,408,000 3.17 C.S.A.H. 426,020,000 433,631,000 3.18 M.S.A.S. 112,290,000 114,661,000 3.19 Trunk Highway 1,058,050,000 1,051,163,000 3.20 The amounts that may be spent from this 3.21 appropriation for each program are 3.22 specified in the following subdivisions. 3.23 Subd. 2. Multimodal Systems 42,548,000 42,549,000 3.24 Summary by Fund 3.25 Airports 19,383,000 19,383,000 3.26 General 17,155,000 17,156,000 3.27 Trunk Highway 6,010,000 6,010,000 3.28 The amounts that may be spent from this 3.29 appropriation for each activity are as 3.30 follows: 3.31 (a) Aeronautics 3.32 20,395,000 20,395,000 3.33 Summary by Fund 3.34 Airports 19,383,000 19,383,000 3.35 Trunk Highway 1,012,000 1,012,000 3.36 Except as otherwise provided, the 3.37 appropriations in this subdivision are 3.38 from the state airports fund. 3.39 This appropriation reflects a reduction 3.40 of $740,000 from the budget base each 3.41 year. 3.42 $100,000 in each fiscal year must be 3.43 used for hangar construction for the 3.44 civil air patrol at the South St. Paul 4.1 airport. 4.2 (1) Airport Development 4.3 and Assistance 4.4 14,298,000 14,298,000 4.5 These appropriations must be spent 4.6 according to Minnesota Statutes, 4.7 section 360.305, subdivision 4. 4.8 Notwithstanding Minnesota Statutes, 4.9 section 16A.28, subdivision 6, funds 4.10 are available for five years after 4.11 appropriation. 4.12 If the appropriation for either year is 4.13 insufficient, the appropriation for the 4.14 other year is available for it. 4.15 (2) Aviation Support and Services 4.16 Summary by Fund 4.17 Airports 5,085,000 5,085,000 4.18 Trunk Highway 1,012,000 1,012,000 4.19 $65,000 the first year and $65,000 the 4.20 second year are for the civil air 4.21 patrol. 4.22 (b) Transit 4.23 16,957,000 16,958,000 4.24 Summary by Fund 4.25 General 16,809,000 16,810,000 4.26 Trunk Highway 148,000 148,000 4.27 This appropriation reflects a reduction 4.28 of $1,003,000 from the budget base each 4.29 year. 4.30 (c) Freight 4.31 1,569,000 1,569,000 4.32 Summary by Fund 4.33 General 220,000 220,000 4.34 Trunk Highway 1,349,000 1,349,000 4.35 This appropriation reflects a reduction 4.36 of $175,000 from the base budget each 4.37 year. 4.38 Notwithstanding Minnesota Statutes, 4.39 section 222.49, after July 1, 2003, and 4.40 before June 30, 2004, the commissioner 4.41 of finance shall transfer $2,500,000 4.42 from the rail service improvement 4.43 account in the special revenue fund to 4.44 the debt service fund. 4.45 Notwithstanding Minnesota Statutes, 4.46 section 222.49, after July 1, 2004, and 4.47 before June 30, 2005, the commissioner 5.1 of finance shall transfer $2,500,000 5.2 from the rail service improvement 5.3 account in the special revenue fund to 5.4 the debt service fund. 5.5 (d) Commercial Vehicles 5.6 3,627,000 3,627,000 5.7 Summary by Fund 5.8 General 126,000 126,000 5.9 Trunk Highway 3,501,000 3,501,000 5.10 This appropriation reflects a reduction 5.11 of $375,000 from the budget base each 5.12 year. 5.13 Subd. 3. State Roads 995,700,000 993,263,000 5.14 Summary by Fund 5.15 General 9,000 9,000 5.16 Trunk Highway 995,691,000 993,254,000 5.17 The amounts that may be spent from this 5.18 appropriation for each activity are as 5.19 follows: 5.20 (a) Infrastructure Investment and Planning 5.21 781,069,000 778,632,000 5.22 This appropriation reflects a reduction 5.23 of $8,750,000 below the budget base 5.24 each year. These reductions must be 5.25 allocated each year as follows: 5.26 $2,000,000 from reduced research 5.27 expenditures, $2,000,000 from reduced 5.28 information technology system 5.29 development and equipment expenditures, 5.30 $750,000 from reduced supervisory and 5.31 support expenditures, $1,750,000 from 5.32 reduced inventory and nonprogram 5.33 delivery expenditures, $1,750,000 from 5.34 reduced technical training and district 5.35 technical support expenditures, and 5.36 $500,000 from reduced landscaping 5.37 expenditures. 5.38 $266,000 the first year and $266,000 5.39 the second year are available for 5.40 grants to metropolitan planning 5.41 organizations outside the seven-county 5.42 metropolitan area. 5.43 $75,000 the first year and $75,000 the 5.44 second year are for a transportation 5.45 research contingent account to finance 5.46 research projects that are reimbursable 5.47 from the federal government or from 5.48 other sources. If the appropriation 5.49 for either year is insufficient, the 5.50 appropriation for the other year is 5.51 available for it. 5.52 $600,000 the first year and $600,000 5.53 the second year are available for 5.54 grants for transportation studies 6.1 outside the metropolitan area to 6.2 identify critical concerns, problems, 6.3 and issues. These grants are available 6.4 (1) to regional development 6.5 commissions, and (2) in regions where 6.6 no regional development commission is 6.7 functioning, to joint powers boards 6.8 established under agreement of two or 6.9 more political subdivisions in the 6.10 region to exercise the planning 6.11 functions of a regional development 6.12 commission, and (3) in regions where no 6.13 regional development commission or 6.14 joint powers board is functioning, to 6.15 the department's district office for 6.16 that region. 6.17 (1) State Road Construction 6.18 594,707,000 594,707,000 6.19 It is estimated that these 6.20 appropriations will be funded as 6.21 follows: 6.22 Federal Highway Aid 6.23 275,000,000 275,000,000 6.24 Highway User Taxes 6.25 319,707,000 319,707,000 6.26 The commissioner of transportation 6.27 shall notify the chair of the 6.28 transportation budget division of the 6.29 senate and the chair of the 6.30 transportation finance committee of the 6.31 house of representatives of any 6.32 significant events that should cause 6.33 these estimates to change. 6.34 This appropriation is for the actual 6.35 construction, reconstruction, and 6.36 improvement of trunk highways including 6.37 consultant usage to support these 6.38 activities. This includes the cost of 6.39 actual payment to landowners for lands 6.40 acquired for highway rights-of-way, 6.41 payment to lessees, interest subsidies, 6.42 and relocation expenses. 6.43 The commissioner may transfer up to 6.44 $15,000,000 each year to the 6.45 transportation revolving loan fund. 6.46 The commissioner may receive money 6.47 covering other shares of the cost of 6.48 partnership projects. These receipts 6.49 are appropriated to the commissioner 6.50 for these projects. 6.51 (2) Highway Debt Service 6.52 29,724,000 27,287,000 6.53 $23,115,000 the first year and 6.54 $20,616,000 the second year are for 6.55 transfer to the state bond fund. If 6.56 this appropriation is insufficient to 6.57 make all transfers required in the year 7.1 for which it is made, the commissioner 7.2 of finance shall notify the committee 7.3 on state government finance of the 7.4 senate and the committee on ways and 7.5 means of the house of representatives 7.6 of the amount of the deficiency and 7.7 shall then transfer that amount under 7.8 the statutory open appropriation. Any 7.9 excess appropriation cancels to the 7.10 trunk highway fund. 7.11 (b) Infrastructure Operations 7.12 and Maintenance 7.13 209,641,000 209,641,000 7.14 This appropriation reflects a reduction 7.15 of $5,600,000 below the budget base 7.16 each year. These reductions must be 7.17 allocated each year as follows: 7.18 $2,300,000 from reduced supervisory and 7.19 support expenditures, $750,000 from 7.20 reduced technical equipment and 7.21 information technology expenditures, 7.22 $2,050,000 from reduced traffic 7.23 management expenditures, and $500,000 7.24 from reduced research expenditures. 7.25 Budget base reductions may not be 7.26 allocated to expenditures for snow and 7.27 ice removal, road maintenance, rest 7.28 areas, pavement striping, highway 7.29 helper, or road equipment. 7.30 (c) Electronic Communications 7.31 4,990,000 4,990,000 7.32 Summary by Fund 7.33 General 9,000 9,000 7.34 Trunk Highway 4,981,000 4,981,000 7.35 This appropriation reflects a $500,000 7.36 reduction from the budget base each 7.37 year. 7.38 $9,000 the first year and $9,000 the 7.39 second year are from the general fund 7.40 for equipment and operation of the 7.41 Roosevelt signal tower for Lake of the 7.42 Woods weather broadcasting. 7.43 Subd. 4. Local Roads 538,310,000 548,292,000 7.44 Summary by Fund 7.45 C.S.A.H. 426,020,000 433,631,000 7.46 M.S.A.S. 112,290,000 114,661,000 7.47 The amounts that may be spent from this 7.48 appropriation for each activity are as 7.49 follows: 7.50 (a) County State Aids 7.51 426,020,000 433,631,000 7.52 This appropriation is from the county 7.53 state-aid highway fund and is available 8.1 until spent. 8.2 (b) Municipal State Aids 8.3 112,290,000 114,661,000 8.4 This appropriation is from the 8.5 municipal state-aid street fund and is 8.6 available until spent. 8.7 If an appropriation for either county 8.8 state aids or municipal state aids does 8.9 not exhaust the balance in the fund 8.10 from which it is made in the year for 8.11 which it is made, the commissioner of 8.12 finance, upon request of the 8.13 commissioner of transportation, shall 8.14 notify the chair of the transportation 8.15 finance committee of the house of 8.16 representatives and the chair of the 8.17 transportation budget division of the 8.18 senate of the amount of the remainder 8.19 and shall then add that amount to the 8.20 appropriation. The amount added is 8.21 appropriated for the purposes of county 8.22 state aids or municipal state aids, as 8.23 appropriate. 8.24 Subd. 5. General Support 8.25 and Services 56,430,000 51,980,000 8.26 Summary by Fund 8.27 General 56,000 56,000 8.28 Airports 25,000 25,000 8.29 Trunk Highway 56,349,000 51,899,000 8.30 The amounts that may be spent from this 8.31 appropriation for each activity are as 8.32 follows: 8.33 (a) Department Support 8.34 38,653,000 38,653,000 8.35 Summary by Fund 8.36 Airports 25,000 25,000 8.37 Trunk Highway 38,628,000 38,628,000 8.38 This appropriation reflects a reduction 8.39 of $13,750,000 from the budget base 8.40 each year. 8.41 (b) Buildings 8.42 17,777,000 13,327,000 8.43 Summary by Fund 8.44 General 56,000 56,000 8.45 Trunk Highway 17,721,000 13,271,000 8.46 If the appropriation for either year is 8.47 insufficient, the appropriation for the 8.48 other year is available for it. 9.1 In fiscal year 2004, $4,450,000 of this 9.2 appropriation is to design, construct, 9.3 furnish, and equip a building in 9.4 Pennington county for the joint use of 9.5 the county of Pennington and 9.6 departments of transportation, public 9.7 safety, and natural resources for 9.8 vehicle maintenance and vehicle 9.9 storage. This appropriation remains 9.10 available and does not lapse. 9.11 Subd. 6. Trunk Highway Bond Refinance 9.12 $110,000,000 is appropriated in fiscal 9.13 year 2003 from the trunk highway bond 9.14 proceeds account in the trunk highway 9.15 fund and is available for expenditure 9.16 beginning the day following final 9.17 enactment. It is for the same purposes 9.18 as specified in Laws 2000, chapter 479, 9.19 article 1, section 2, subdivision 3. 9.20 Of the general fund appropriation in 9.21 Laws 2000, chapter 479, article 1, 9.22 section 2, subdivision 3, $110,000,000 9.23 cancels to the general fund. This 9.24 cancellation is effective the day 9.25 following final enactment. 9.26 Subd. 7. Transfers 9.27 (a) With the approval of the 9.28 commissioner of finance, the 9.29 commissioner of transportation may 9.30 transfer unencumbered balances among 9.31 the appropriations from the trunk 9.32 highway fund and the state airports 9.33 fund made in this section. No transfer 9.34 may be made from the appropriation for 9.35 state road construction. No transfer 9.36 may be made from the appropriations for 9.37 debt service to any other appropriation. 9.38 Transfers under this paragraph may not 9.39 be made between funds. Transfers 9.40 between programs may not be made if the 9.41 transfer would result in a net loss of 9.42 staff positions. Transfers between 9.43 programs must be reported immediately 9.44 to the chair of the transportation 9.45 budget division of the senate and the 9.46 chair of the transportation finance 9.47 committee of the house of 9.48 representatives. 9.49 (b) The commissioner of finance shall 9.50 transfer from the flexible account in 9.51 the county state-aid highway fund 9.52 $14,400,000 the first year and 9.53 $8,300,000 the second year to the 9.54 municipal turnback account in the 9.55 municipal state-aid street fund, and 9.56 the remainder in each year to the 9.57 county turnback account in the county 9.58 state-aid highway fund. 9.59 Subd. 8. Use of State Road 9.60 Construction Appropriations 9.61 Effective the day following final 9.62 enactment, any money appropriated to 9.63 the commissioner of transportation for 10.1 state road construction for any fiscal 10.2 year before fiscal year 2004 is 10.3 available to the commissioner during 10.4 fiscal years 2004 and 2005 to the 10.5 extent that the commissioner spends the 10.6 money on the state road construction 10.7 project for which the money was 10.8 originally encumbered during the fiscal 10.9 year for which it was appropriated. 10.10 The commissioner of transportation 10.11 shall report to the commissioner of 10.12 finance by August 1, 2003, and August 10.13 1, 2004, on a form the commissioner of 10.14 finance provides, on expenditures made 10.15 during the previous fiscal year that 10.16 are authorized by this subdivision. 10.17 Subd. 9. Contingent Appropriation 10.18 The commissioner of transportation, 10.19 with the approval of the governor after 10.20 review by the legislative advisory 10.21 commission under Minnesota Statutes, 10.22 section 3.30, may transfer all or part 10.23 of the unappropriated balance in the 10.24 trunk highway fund to an appropriation 10.25 (1) for trunk highway design, 10.26 construction, or inspection in order to 10.27 take advantage of an unanticipated 10.28 receipt of income to the trunk highway 10.29 fund or to take advantage of federal 10.30 advance construction funding, (2) for 10.31 trunk highway maintenance in order to 10.32 meet an emergency, or (3) to pay tort 10.33 or environmental claims. Prior to 10.34 making any transfer for the purpose of 10.35 using federal advance construction 10.36 funding, the commissioner must submit a 10.37 report to the chairs of the senate and 10.38 house of representatives committees 10.39 with jurisdiction over transportation 10.40 policy and finance that includes an 10.41 analysis of the effects on the 10.42 long-term trunk highway fund balance 10.43 and the cash flow of the fund. The 10.44 amount transferred is appropriated for 10.45 the purpose of the account to which it 10.46 is transferred. 10.47 Subd. 10. Budget Base Reduction Report 10.48 By December 15, 2003, and December 15, 10.49 2004, the commissioner of 10.50 transportation shall report to the 10.51 chairs of the senate and house of 10.52 representatives committees with 10.53 jurisdiction over transportation policy 10.54 and finance regarding the distribution 10.55 and impacts of the base budget 10.56 reductions. The report must include a 10.57 description and enumeration of program 10.58 activities with reduced spending levels 10.59 and the impacts on the department's 10.60 performance measures. The report must 10.61 identify the total number of positions 10.62 that were reduced or eliminated through 10.63 attrition or layoffs, the number of 10.64 positions reduced or eliminated in each 10.65 of the bargaining units represented 10.66 within the department, and the impact 10.67 on the number of women and minorities 11.1 employed by the department and the 11.2 department's affirmative action goals. 11.3 Subd. 11. Prohibition on Spending 11.4 (a) The commissioner of transportation 11.5 may not assign mobile telephones or 11.6 pagers to department employees and may 11.7 not expend state funds on the 11.8 acquisition, operation, maintenance, or 11.9 repair of this equipment. The 11.10 commissioner shall cancel existing 11.11 contracts for service or operation of 11.12 mobile telephones and pagers. The 11.13 commissioner shall take possession of 11.14 previously assigned mobile telephones 11.15 and pagers, sell this equipment for a 11.16 price that reflects its fair market 11.17 value, and deposit all sale proceeds in 11.18 the trunk highway fund. 11.19 (b) The commissioner of transportation 11.20 may not assign to department employees 11.21 any passenger automobiles, within the 11.22 meaning of Minnesota Statutes, section 11.23 168.011, and may not expend state funds 11.24 on the acquisition, operation, 11.25 maintenance, repair, or insurance of 11.26 this equipment. The commissioner shall 11.27 cancel existing contracts relating to 11.28 these vehicles, including contracts for 11.29 insurance, service, fuel purchase, or 11.30 any other purpose. The commissioner 11.31 shall take possession of all passenger 11.32 automobiles owned by the department and 11.33 sell these vehicles for a price that 11.34 reflects their fair market value, and 11.35 deposit all sale proceeds in the trunk 11.36 highway fund. 11.37 (c) The commissioner of transportation 11.38 may not expend state funds on travel 11.39 out of this state by department 11.40 employees, or for travel within the 11.41 state and related expenses when the 11.42 in-state travel is for the purpose of 11.43 attending a convention, a conference, a 11.44 seminar, or a meeting sponsored by an 11.45 organization other than the department. 11.46 Sec. 3. METROPOLITAN COUNCIL 11.47 TRANSIT 61,533,000 63,733,000 11.48 (a) The agency's budget base for fiscal 11.49 year 2006 is $64,033,000 and for fiscal 11.50 year 2007 is $66,533,000. 11.51 (b) Bus Transit 11.52 55,933,000 55,933,000 11.53 This appropriation is for operations of 11.54 the bus system. This appropriation 11.55 reflects a reduction of $6,953,000 11.56 below the budget base each year. To 11.57 the greatest extent feasible, the 11.58 metropolitan council shall first reduce 11.59 expenditures on planning and 11.60 administration and metro commuter 11.61 services before making any reductions 11.62 to regular route operations or metro 12.1 mobility services. 12.2 (c) Rail Operations 12.3 5,600,000 7,800,000 12.4 This appropriation is for operations of 12.5 the Hiawatha light rail transit (LRT) 12.6 line. The base for rail operations for 12.7 fiscal year 2006 is $8,100,000 and for 12.8 fiscal year 2007 is $10,600,000. 12.9 (d) Budget Base Reduction Report 12.10 By December 15, 2003, and December 15, 12.11 2004, the chair of the metropolitan 12.12 council shall report to the chairs of 12.13 the senate and house of representatives 12.14 committees with jurisdiction over 12.15 transportation policy and finance 12.16 regarding the distribution and impacts 12.17 of the base budget reductions. The 12.18 report must include a description and 12.19 enumeration of program activities with 12.20 reduced spending levels and the impacts 12.21 on transit service levels and 12.22 performance of the regular route and 12.23 metro mobility systems. The report 12.24 must identify the total number of 12.25 positions that were reduced or 12.26 eliminated through attrition or 12.27 layoffs, the number of positions 12.28 reduced or eliminated in each of the 12.29 bargaining units represented within the 12.30 council, and the impact on the number 12.31 of women and minorities employed by the 12.32 council. 12.33 (e) Fiscal Year 2003 Appropriation 12.34 $2,500,000 is appropriated from the 12.35 general fund in fiscal year 2003 to the 12.36 metropolitan council for a grant to the 12.37 Ramsey county regional rail authority 12.38 for a major investment study, design, 12.39 environmental studies, engineering, and 12.40 implementation in the central corridor 12.41 between the cities of St. Paul and 12.42 Minneapolis. This appropriation does 12.43 not cancel and is available until spent. 12.44 Sec. 4. PUBLIC SAFETY 12.45 Subdivision 1. Total 12.46 Appropriation 114,244,000 114,209,000 12.47 Summary by Fund 12.48 General 8,156,000 8,161,000 12.49 Trunk Highway 94,033,000 93,993,000 12.50 Highway User 11,061,000 11,061,000 12.51 Special Revenue 994,000 994,000 12.52 Subd. 2. Administration 12.53 and Related Services 9,684,000 9,689,000 12.54 Summary by Fund 13.1 General 2,361,000 2,366,000 13.2 Trunk Highway 5,938,000 5,938,000 13.3 Highway User 1,385,000 1,385,000 13.4 (a) Office of Communications 13.5 385,000 385,000 13.6 Summary by Fund 13.7 General 39,000 39,000 13.8 Trunk Highway 346,000 346,000 13.9 (b) Public Safety Support 13.10 6,845,000 6,850,000 13.11 Summary by Fund 13.12 General 2,231,000 2,236,000 13.13 Trunk Highway 3,248,000 3,248,000 13.14 Highway User 1,366,000 1,366,000 13.15 $365,000 the first year and $370,000 13.16 the second year are for payment of 13.17 public safety officer survivor benefits 13.18 under Minnesota Statutes, section 13.19 299A.44. If the appropriation for 13.20 either year is insufficient, the 13.21 appropriation for the other year is 13.22 available for it. The base for fiscal 13.23 year 2006 is $375,000 and for fiscal 13.24 year 2007 is $380,000. 13.25 $314,000 the first year and $314,000 13.26 the second year are to be deposited in 13.27 the public safety officer's benefit 13.28 account. This money is available for 13.29 reimbursements under Minnesota 13.30 Statutes, section 299A.465. 13.31 $508,000 the first year and $508,000 13.32 the second year are for soft body armor 13.33 reimbursements under Minnesota 13.34 Statutes, section 299A.38. 13.35 $792,000 the first year and $792,000 13.36 the second year are appropriated from 13.37 the general fund for transfer by the 13.38 commissioner of finance to the trunk 13.39 highway fund on December 31, 2003, and 13.40 December 31, 2004, respectively, in 13.41 order to reimburse the trunk highway 13.42 fund for expenses not related to the 13.43 fund. These represent amounts 13.44 appropriated out of the trunk highway 13.45 fund for general fund purposes in the 13.46 administration and related services 13.47 program. 13.48 $610,000 the first year and $610,000 13.49 the second year are appropriated from 13.50 the highway user tax distribution fund 13.51 for transfer by the commissioner of 13.52 finance to the trunk highway fund on 13.53 December 31, 2003, and December 31, 14.1 2004, respectively, in order to 14.2 reimburse the trunk highway fund for 14.3 expenses not related to the fund. 14.4 These represent amounts appropriated 14.5 out of the trunk highway fund for 14.6 highway user tax distribution fund 14.7 purposes in the administration and 14.8 related services program. 14.9 $716,000 the first year and $716,000 14.10 the second year are appropriated from 14.11 the highway user tax distribution fund 14.12 for transfer by the commissioner of 14.13 finance to the general fund on December 14.14 31, 2003, and December 31, 2004, 14.15 respectively, in order to reimburse the 14.16 general fund for expenses not related 14.17 to the fund. These represent amounts 14.18 appropriated out of the general fund 14.19 for operation of the criminal justice 14.20 data network related to driver and 14.21 motor vehicle licensing. 14.22 (c) Technical Support Services 14.23 2,454,000 2,454,000 14.24 Summary by Fund 14.25 General 91,000 91,000 14.26 Trunk Highway 2,344,000 2,344,000 14.27 Highway User 19,000 19,000 14.28 Subd. 3. State Patrol 66,332,000 66,332,000 14.29 Summary by Fund 14.30 General 2,871,000 2,871,000 14.31 Trunk Highway 63,369,000 63,369,000 14.32 Highway User 92,000 92,000 14.33 (a) Patrolling Highways 14.34 57,024,000 57,024,000 14.35 Summary by Fund 14.36 General 37,000 37,000 14.37 Trunk Highway 56,895,000 56,895,000 14.38 Highway User 92,000 92,000 14.39 (b) Commercial Vehicle Enforcement 14.40 6,474,000 6,474,000 14.41 This appropriation is from the trunk 14.42 highway fund. 14.43 (c) Capitol Security 14.44 2,834,000 2,834,000 14.45 This appropriation reflects a reduction 14.46 of $776,000 each year from the budget 14.47 base. At least $287,000 of this 15.1 reduction must be from reduced 15.2 expenditures for executive protection. 15.3 The commissioner may not (1) spend any 15.4 money from the trunk highway fund for 15.5 capitol security, or (2) permanently 15.6 transfer any state trooper from the 15.7 patrolling highways activity to capitol 15.8 security. 15.9 The commissioner may not transfer any 15.10 money (1) appropriated for department 15.11 of public safety administration, the 15.12 patrolling of highways, commercial 15.13 vehicle enforcement, or driver and 15.14 vehicle services to capitol security or 15.15 (2) from capitol security. 15.16 Subd. 4. Driver and Vehicle Services 36,910,000 36,870,000 15.17 Summary by Fund 15.18 General 2,924,000 2,924,000 15.19 Trunk Highway 24,402,000 24,362,000 15.20 Highway User 9,584,000 9,584,000 15.21 (a) Vehicle Services 15.22 12,452,000 12,452,000 15.23 Summary by Fund 15.24 General 2,868,000 2,868,000 15.25 Highway User 9,584,000 9,584,000 15.26 (b) Driver Services 15.27 24,458,000 24,418,000 15.28 Summary by Fund 15.29 General 56,000 56,000 15.30 Trunk Highway 24,402,000 24,362,000 15.31 Subd. 5. Traffic Safety 324,000 324,000 15.32 This appropriation is from the trunk 15.33 highway fund. 15.34 Subd. 6. Pipeline Safety 994,000 994,000 15.35 This appropriation is from the pipeline 15.36 safety account in the special revenue 15.37 fund. 15.38 Subd. 7. Budget Base Reductions Report 15.39 By December 15, 2003, and December 15, 15.40 2004, the commissioner of public safety 15.41 shall report to the chairs of the 15.42 senate and house of representatives 15.43 committees with jurisdiction over 15.44 transportation policy and finance 15.45 regarding the distribution of and 15.46 impacts of the base budget reductions 15.47 to administration and related services, 15.48 driver and vehicle services, and 16.1 capitol security. The report must 16.2 include a description of the program 16.3 activities with reduced spending levels 16.4 and the impacts on the department's 16.5 performance. The report must identify 16.6 the total number of positions that were 16.7 reduced or eliminated, the number of 16.8 positions reduced or eliminated in each 16.9 of the bargaining units represented 16.10 within the department, and the impact 16.11 on the number of women and on 16.12 minorities employed by the department 16.13 and the department's affirmative action 16.14 goals. 16.15 Sec. 5. FINANCE 16.16 Subdivision 1. Bond Sale Expenses 16.17 Effective the day following final 16.18 enactment, $110,000 is appropriated in 16.19 fiscal year 2003 to the commissioner of 16.20 finance for bond sale expenses under 16.21 Minnesota Statutes, section 16A.641, 16.22 subdivision 8. This appropriation is 16.23 from the trunk highway bond proceeds 16.24 account in the trunk highway fund. 16.25 Subd. 2. Bond Sale Authorization 16.26 Effective the day following final 16.27 enactment, and to provide the money 16.28 appropriated in subdivision 1 and 16.29 section 2, subdivision 6, from the 16.30 trunk highway bond proceeds account in 16.31 the trunk highway fund, the 16.32 commissioner of finance shall sell and 16.33 issue bonds of the state in an amount 16.34 up to $110,110,000 in the manner, upon 16.35 the terms, and with the effect 16.36 prescribed by Minnesota Statutes, 16.37 sections 167.50 to 167.52, and by the 16.38 Minnesota Constitution, article XIV, 16.39 section 11, at the times and in the 16.40 amount requested by the commissioner of 16.41 transportation. The proceeds of the 16.42 bonds, except accrued interest and any 16.43 premium received on the sale of the 16.44 bonds, must be credited to the trunk 16.45 highway bond proceeds account in the 16.46 trunk highway fund. 16.47 Subd. 3. Transfer 16.48 Effective the day following final 16.49 enactment, the commissioner of finance 16.50 shall transfer by June 30, 2003, 16.51 $15,000,000 of the cash balance in the 16.52 state airports fund established in 16.53 Minnesota Statutes, section 360.017, to 16.54 the general fund. 16.55 By June 30, 2007, the commissioner of 16.56 finance shall transfer $7,500,000 from 16.57 the general fund to the state airports 16.58 fund. 16.59 By June 30, 2009, the commissioner of 16.60 finance shall transfer an additional 16.61 $7,500,000 from the general fund to the 16.62 state airports fund. 17.1 The commissioner of finance shall 17.2 transfer by June 30, 2003, $2,500,000 17.3 of the contingency reserve within the 17.4 employee insurance trust fund 17.5 maintained under Minnesota Statutes, 17.6 section 43A.30, subdivision 6, to the 17.7 general fund. 17.8 Sec. 6. GENERAL CONTINGENT 17.9 ACCOUNTS 375,000 375,000 17.10 Summary by Fund 17.11 Trunk Highway 200,000 200,000 17.12 Highway User 125,000 125,000 17.13 Airports 50,000 50,000 17.14 The appropriations in this section may 17.15 only be spent with the approval of the 17.16 governor after consultation with the 17.17 legislative advisory commission 17.18 pursuant to Minnesota Statutes, section 17.19 3.30. 17.20 If an appropriation in this section for 17.21 either year is insufficient, the 17.22 appropriation for the other year is 17.23 available for it. 17.24 Sec. 7. TORT CLAIMS 600,000 600,000 17.25 To be spent by the commissioner of 17.26 finance. 17.27 This appropriation is from the trunk 17.28 highway fund. 17.29 If the appropriation for either year is 17.30 insufficient, the appropriation for the 17.31 other year is available for it. 17.32 ARTICLE 2 17.33 TRANSPORTATION FINANCE 17.34 Section 1. Minnesota Statutes 2002, section 162.07, 17.35 subdivision 1, is amended to read: 17.36 Subdivision 1. [FORMULA.] After deducting for 17.37 administrative costs and for the disaster account and research 17.38 account and state park roads asheretoforeprovided in section 17.39 162.06, subdivisions 2 through 5, the remainder of the total sum 17.40 provided for in section 162.06, subdivision 1,shall beis 17.41 identified as the apportionment sum andshall be apportioned by17.42the commissioner to the several counties on the basis of the17.43needs of the counties as determined in accordance with the17.44following formula:17.45(a) An amount equal to ten percent of the apportionment sum18.1shall be apportioned equally among the 87 counties.18.2(b) An amount equal to ten percent of the apportionment sum18.3shall be apportioned among the several counties so that each18.4county shall receive of such amount the percentage that its18.5motor vehicle registration for the calendar year preceding the18.6one last past, determined by residence of registrants, bears to18.7the total statewide motor vehicle registration.18.8(c) An amount equal to 30 percent of the apportionment sum18.9shall be apportioned among the several counties so that each18.10county shall receive of such amount the percentage that its18.11total lane-miles of approved county state-aid highways bears to18.12the total lane-miles of approved statewide county state-aid18.13highways. In 1997 and subsequent years no county may receive,18.14as a result of an apportionment under this clause based on18.15lane-miles rather than miles of approved county state-aid18.16highways, an apportionment that is less than its apportionment18.17in 1996.18.18(d) An amount equal to 50 percent of the apportionment sum18.19shall be apportioned among the several counties so that each18.20county shall receive of such amount the percentage that its18.21money needs bears to the sum of the money needs of all of the18.22individual counties; provided, that the percentage of such18.23amount that each county is to receive shall be adjusted so that18.24each county shall receive in 1958 a total apportionment at least18.25ten percent greater than its total 1956 apportionments from the18.26state road and bridge fund; and provided further that those18.27counties whose money needs are thus adjusted shall never receive18.28a percentage of the apportionment sum less than the percentage18.29that such county received in 1958the excess sum. 18.30 (a) The excess sum is calculated by subtracting a 18.31 proportionate share of the deductions for administrative costs 18.32 and for the disaster account and research account from the 18.33 amount available due to an increase in the motor fuel tax rate 18.34 imposed on or after June 1, 2003, as follows: 18.35 (1) in the gasoline excise tax rate above a rate of 20.0 18.36 cents per gallon; or 19.1 (2) in the excise tax rate for E85, M85, and special fuels 19.2 above the energy equivalent of a gasoline tax rate of 20.0 cents 19.3 per gallon. 19.4 (b) The apportionment sum is calculated by subtracting the 19.5 excess sum from the remainder of the total sum. 19.6 Sec. 2. Minnesota Statutes 2002, section 162.07, is 19.7 amended by adding a subdivision to read: 19.8 Subd. 1a. [APPORTIONMENT SUM.] The commissioner shall 19.9 apportion the apportionment sum to the several counties on the 19.10 basis of the needs of the counties as determined in accordance 19.11 with the following formula: 19.12 (a) An amount equal to ten percent of the apportionment sum 19.13 must be apportioned equally among the 87 counties. 19.14 (b) An amount equal to ten percent of the apportionment sum 19.15 must be apportioned among the several counties so that each 19.16 county receives of that amount the percentage that its motor 19.17 vehicle registration for the calendar year preceding the one 19.18 last past, determined by residence of registrants, bears to the 19.19 total statewide motor vehicle registration. 19.20 (c) An amount equal to 30 percent of the apportionment sum 19.21 must be apportioned among the several counties so that each 19.22 county receives of that amount the percentage that its total 19.23 lane-miles of approved county state-aid highways bears to the 19.24 total lane-miles of approved statewide county state-aid 19.25 highways. In 1997 and subsequent years no county may receive, 19.26 as a result of an apportionment under this paragraph based on 19.27 lane-miles rather than miles of approved county state-aid 19.28 highways, an apportionment that is less than its apportionment 19.29 in 1996. 19.30 (d) An amount equal to 50 percent of the apportionment sum 19.31 must be apportioned among the several counties so that each 19.32 county receives of that amount the percentage that its money 19.33 needs bears to the sum of the money needs of all of the 19.34 individual counties; provided, that the percentage of the amount 19.35 that each county is to receive must be adjusted so that each 19.36 county receives in 1958 a total apportionment at least ten 20.1 percent greater than its total 1956 apportionments from the 20.2 state road and bridge fund; and provided further, that those 20.3 counties whose money needs are thus adjusted shall never receive 20.4 a percentage of the apportionment sum less than the percentage 20.5 that such county received in 1958. 20.6 Sec. 3. Minnesota Statutes 2002, section 162.07, is 20.7 amended by adding a subdivision to read: 20.8 Subd. 1b. [EXCESS SUM.] The commissioner shall apportion 20.9 the excess sum to the several counties on the basis of the needs 20.10 of the counties as determined in accordance with the following 20.11 formula: 20.12 (a) An amount equal to ten percent of the excess sum must 20.13 be apportioned equally among the 87 counties. 20.14 (b) An amount equal to ten percent of the apportionment sum 20.15 must be apportioned among the several counties so that each 20.16 county receives of that amount the percentage that its total 20.17 lane-miles of approved county state-aid highways bears to the 20.18 total lane-miles of approved statewide county state-aid highways. 20.19 (c) An amount equal to 30 percent of the excess sum must be 20.20 apportioned among the several counties so that each county 20.21 receives of that amount the percentage that its population bears 20.22 to the total population of the state. 20.23 (d) An amount equal to 50 percent of the excess sum must be 20.24 apportioned among the several counties so that each county 20.25 receives of that amount the percentage that its money needs 20.26 bears to the sum of the money needs of all of the individual 20.27 counties. 20.28 Sec. 4. Minnesota Statutes 2002, section 168.013, 20.29 subdivision 1a, is amended to read: 20.30 Subd. 1a. [PASSENGER AUTOMOBILE; HEARSE.] (a) On passenger 20.31 automobiles as defined in section 168.011, subdivision 7, and 20.32 hearses, except as otherwise provided, the tax shall be $10 plus 20.33 an additional tax equal to 1.25 percent of the base value. 20.34 (b) Subject to the classification provisions herein, "base 20.35 value" means the manufacturer's suggested retail price of the 20.36 vehicle including destination charge using list price 21.1 information published by the manufacturer or determined by the 21.2 registrar if no suggested retail price exists, and shall not 21.3 include the cost of each accessory or item of optional equipment 21.4 separately added to the vehicle and the suggested retail price. 21.5 (c) If the manufacturer's list price information contains a 21.6 single vehicle identification number followed by various 21.7 descriptions and suggested retail prices, the registrar shall 21.8 select from those listings only the lowest price for determining 21.9 base value. 21.10 (d) If unable to determine the base value because the 21.11 vehicle is specially constructed, or for any other reason, the 21.12 registrar may establish such value upon the cost price to the 21.13 purchaser or owner as evidenced by a certificate of cost but not 21.14 including Minnesota sales or use tax or any local sales or other 21.15 local tax. 21.16 (e) The registrar shall classify every vehicle in its 21.17 proper base value class as follows: 21.18 FROM TO 21.19 $ 0 $199.99 21.20 200 399.99 21.21 and thereafter a series of classes successively set in brackets 21.22 having a spread of $200 consisting of such number of classes as 21.23 will permit classification of all vehicles. 21.24 (f) The base value for purposes of this section shall be 21.25 the middle point between the extremes of its class. 21.26 (g) The registrar shall establish the base value, when new, 21.27 of every passenger automobile and hearse registered prior to the 21.28 effective date of Extra Session Laws 1971, chapter 31, using 21.29 list price information published by the manufacturer or any 21.30 nationally recognized firm or association compiling such data 21.31 for the automotive industry. If unable to ascertain the base 21.32 value of any registered vehicle in the foregoing manner, the 21.33 registrar may use any other available source or method. The 21.34 registrar shall calculate tax using base value information 21.35 available to dealers and deputy registrars at the time the 21.36 application for registration is submitted. The tax on all 22.1 previously registered vehicles shall be computed upon the base 22.2 value thus determined taking into account the depreciation 22.3 provisions of paragraph (h). 22.4 (h) The annual additional tax computed upon the base value 22.5 as provided herein, during the firstand second yearsyear of 22.6 vehicle life shall be computed upon 100 percent of the base 22.7 value; for the second year, 80 percent of such value; for the 22.8 thirdand fourth years, 90year, 70 percent of such value; for 22.9 the fourth year, 60 percent of such value; for the fifthand22.10sixth years, 75year, 50 percent of such value; for the sixth 22.11 year, 40 percent of such value; for the seventh year,6035 22.12 percent of such value; for the eighth year,4030 percent of 22.13 such value; for the ninth year,3020 percent of such value; for 22.14 the tenth year, ten percent of such value; for the 11th and each 22.15 succeeding year, the sum of $25. In no event shall the annual 22.16 additional tax be less than $25. 22.17The total tax under this subdivision shall not exceed $189 for22.18the first renewal period and shall not exceed $99 for subsequent22.19renewal periods. The total tax under this subdivision on any22.20vehicle filing its initial registration in Minnesota in the22.21second year of vehicle life shall not exceed $189 and shall not22.22exceed $99 for subsequent renewal periods. The total tax under22.23this subdivision on any vehicle filing its initial registration22.24in Minnesota in the third or subsequent year of vehicle life22.25shall not exceed $99 and shall not exceed $99 in any subsequent22.26renewal period.22.27 (i) As used in this subdivision and section 168.017, the 22.28 following terms have the meanings given: "initial registration" 22.29 means the 12 consecutive months calendar period from the day of 22.30 first registration of a vehicle in Minnesota; and "renewal 22.31 periods" means the 12 consecutive calendar months periods 22.32 following the initial registration period. 22.33 Sec. 5. [174.33] [TRANSIT WAYS FUND.] 22.34 Subdivision 1. [FUND CREATED.] A transit ways fund is 22.35 created in the state treasury. The fund consists of money 22.36 credited to the fund under section 297B.09, subdivision 1, and 23.1 other money credited by law. 23.2 Subd. 2. [USES OF FUND.] Money in the fund must be 23.3 appropriated for public transit purposes with the following 23.4 order of priority: 23.5 (1) paying principal and interest on bonds issued for (i) 23.6 the planning, design, environmental review, and construction of 23.7 transit ways, including property acquisition, maintenance, 23.8 facilities, parking lots, and stations, and (ii) the acquisition 23.9 of vehicles for operation on transit ways; 23.10 (2) other public transit capital improvements, including 23.11 vehicle acquisition; 23.12 (3) operating assistance to transit service on transit 23.13 ways; and 23.14 (4) operating assistance for regular route transit service 23.15 operated or assisted by the metropolitan council or the 23.16 commissioner of transportation on routes other than transit ways. 23.17 Subd. 3. [DEFINITION.] For purposes of this section, 23.18 "transit way" means a transportation corridor dedicated for 23.19 preferential or exclusive use by public transit vehicles, 23.20 including rail vehicles, buses, carpools, and vanpools. 23.21 Sec. 6. Minnesota Statutes 2002, section 296A.07, 23.22 subdivision 3, is amended to read: 23.23 Subd. 3. [RATE OF TAX.] The gasoline excise tax is imposed 23.24 at the following rates: 23.25 (1) E85 is taxed at the rate of14.217.75 cents per 23.26 gallon; 23.27 (2) M85 is taxed at the rate of11.414.25 cents per 23.28 gallon; and 23.29 (3) all other gasoline is taxed at the rate of2025 cents 23.30 per gallon. 23.31 Sec. 7. Minnesota Statutes 2002, section 296A.08, 23.32 subdivision 2, is amended to read: 23.33 Subd. 2. [RATE OF TAX.] The special fuel excise tax is 23.34 imposed at the following rates: 23.35 (1) Liquefied petroleum gas or propane is taxed at the rate 23.36 of1518.75 cents per gallon. 24.1 (2) Liquefied natural gas is taxed at the rate of1215 24.2 cents per gallon. 24.3 (3) Compressed natural gas is taxed at the rate of$1.73924.4 $2.174 per thousand cubic feet; or2025 cents per gasoline 24.5 equivalent, as defined by the National Conference on Weights and 24.6 Measures, which is 5.66 pounds of natural gas. 24.7 (4) All other special fuel is taxed at the same rate as the 24.8 gasoline excise tax as specified in section 296A.07, subdivision 24.9 2. The tax is payable in the form and manner prescribed by the 24.10 commissioner. 24.11 Sec. 8. Minnesota Statutes 2002, section 297B.09, 24.12 subdivision 1, is amended to read: 24.13 Subdivision 1. [DEPOSIT OF REVENUES.] (a) Money collected 24.14 and received under this chapter must be deposited as provided in 24.15 this subdivision. 24.16 (b)From July 1, 2001, to June 30, 2002, 30.86 percent of24.17the money collected and received must be deposited in the24.18highway user tax distribution fund, and the remaining money must24.19be deposited in the general fund.24.20(c)On and after July 1,20022003,3221 percent of the 24.21 money collected and received must be deposited in the highway 24.22 user tax distribution fund,20.525.5 percent must be deposited 24.23 in the metropolitan area transit fund under section 16A.88,and24.241.252.25 percent must be deposited in the greater Minnesota 24.25 transit fund under section 16A.88, and 5.0 percent must be 24.26 deposited in the transitways fund under section 174.33.In24.27fiscal year 2004 and thereafter, two percent of the money24.28collected and received must be deposited in the metropolitan24.29area transit appropriation account under section 16A.88.The 24.30 remaining money must be deposited in the general fund. 24.31 Sec. 9. [HIGHWAY CONSTRUCTION APPROPRIATIONS.] 24.32 Subdivision 1. [STATE ROAD CONSTRUCTION.] (a) $109,000,000 24.33 in fiscal year 2004 and $116,000,000 in fiscal year 2005 is 24.34 appropriated from the trunk highway fund to the commissioner of 24.35 transportation for state road construction. 24.36 (b) One-half of this appropriation is for trunk highway 25.1 improvements within the seven-county metropolitan area primarily 25.2 for improving traffic flow and expanding highway capacity by 25.3 eliminating bottlenecks and improving segments of at-risk 25.4 interregional corridors within the seven-county area. The 25.5 commissioner may also use this appropriation for accelerating 25.6 transit capital improvements on trunk highways such as shoulder 25.7 bus lanes, bus park-and-ride facilities, and ramp meter-bypass 25.8 facilities. 25.9 (c) One-half of this appropriation is for trunk highway 25.10 improvements outside the seven-county metropolitan area, 25.11 primarily for improving segments of at-risk interregional 25.12 corridors. 25.13 (d) The commissioner may use up to $15,000,000 in fiscal 25.14 year 2004 and $16,000,000 in fiscal year 2005 of this 25.15 appropriation for program delivery. 25.16 (e) $3,000,000 is transferred from the trunk highway fund 25.17 to the trunk highway corridor protection revolving loan account. 25.18 Subd. 2. [LOCAL ROAD CONSTRUCTION.] (a) $60,000,000 in 25.19 fiscal year 2004 and $64,000,000 in fiscal year 2005 is 25.20 appropriated from the county state-aid highway fund for county 25.21 state aids. 25.22 (b) $16,000,000 in fiscal year 2004 and $17,000,000 in 25.23 fiscal year 2005 is appropriated from the municipal state-aid 25.24 street fund for municipal state aids. 25.25 (c) These appropriations are in addition to any other 25.26 appropriations made by law for these purposes. 25.27 Subd. 3. [ADVANCE CONSTRUCTION.] (a) Through June 30, 25.28 2005, the commissioner of transportation may spend up to 25.29 $250,000,000 on trunk highway improvements from funds approved 25.30 for expenditure by the Federal Highway Administration and 25.31 designated as advance construction funds. 25.32 (b) The commissioner shall report to the chairs of the 25.33 senate and house of representatives committees with jurisdiction 25.34 over transportation policy and finance by January 15 each year 25.35 regarding the use of advance construction funding in the 25.36 previous and current fiscal year. The report must include an 26.1 analysis of the impact of the use of advance construction 26.2 funding on the trunk highway fund balance and cash flow. The 26.3 report must include an estimate of the amount of additional 26.4 advance construction funding that is available for use in future 26.5 fiscal years and the impact on the department's total road 26.6 construction program. 26.7 Subd. 4. [PROJECT ACCELERATIONS.] The commissioner shall 26.8 utilize the appropriations provided in subdivisions 1 and 3 to 26.9 accelerate the time line for completion or performance of the 26.10 described work on the following trunk highway projects: 26.11 (1) reconstruction of the freeway interchange of marked 26.12 interstate highway 35E (I-35E) and marked interstate highway 694 26.13 (I-694), also known as the "Unweave the Weave" project; 26.14 (2) reconstruction of marked trunk highway 14 from Waseca 26.15 county road 60 west of Janesville to county state-aid highway 5 26.16 east of Waseca; 26.17 (3) addition of protected left-turn lanes and related 26.18 improvements to enhance safety on marked trunk highway 5 in Lake 26.19 Elmo and Baytown township; 26.20 (4) construction of a new bridge on marked trunk highway 95 26.21 at its intersection with I-35E in the city of North Branch; 26.22 (5) reconstruction of the marked trunk highway 36 and 26.23 McKnight Road intersection in Ramsey county; 26.24 (6) reconstruction of marked trunk highway 65 from I-694 to 26.25 245th Avenue in East Bethel as a divided highway with at least 26.26 three lanes of travel in each direction; 26.27 (7) completion of plans, specifications, and environmental 26.28 impact studies for the reconstruction of marked U.S. Highway 10 26.29 from its intersection with Round Lake Boulevard in the city of 26.30 Coon Rapids to its intersection with the Sherburne-Anoka county 26.31 line in the city of Ramsey; and 26.32 (8) completion of plans, specifications, and environmental 26.33 impact studies for the reconstruction of marked U.S. Highway 10 26.34 from the Sherburne-Anoka county line in the city of Ramsey to 26.35 marked trunk highway 25 in the city of Big Lake. 26.36 The plans required for the projects specified in clauses (7) and 27.1 (8) must include all necessary improvements to affected segments 27.2 of marked trunk highways 169 and 101, and related county and 27.3 city roads, and must provide for future regional facilities such 27.4 as new river crossings and transit facilities. 27.5 Sec. 10. [EFFECTIVE DATES.] 27.6 Section 4 is effective for first registrations in this 27.7 state occurring on or after July 1, 2003, and for renewals of 27.8 registrations that have been assigned expiration dates of August 27.9 2003 or later. All other sections are effective July 1, 2003. 27.10 Sections 6 and 7 apply to all gasoline, undyed diesel fuel, and 27.11 special fuel in distributor storage on July 1, 2003. 27.12 ARTICLE 3 27.13 TRANSPORTATION AND PUBLIC SAFETY 27.14 Section 1. Minnesota Statutes 2002, section 16A.88, 27.15 subdivision 1, is amended to read: 27.16 Subdivision 1. [GREATER MINNESOTA TRANSIT FUND.] The 27.17 greater Minnesota transit fund is established within the state 27.18 treasury. Money in the fund is annually appropriated to the 27.19 commissioner of transportation for assistance to transit systems 27.20 outside the metropolitan area under section 174.24. Beginning 27.21 in fiscal year 2003, the commissioner may use up to $400,000 27.22 each year for administration of the transit program. The 27.23 commissioner shall use the fund for transit operations as 27.24 provided in section 174.24 and related program administration. 27.25 Sec. 2. Minnesota Statutes 2002, section 16C.10, 27.26 subdivision 7, is amended to read: 27.27 Subd. 7. [REVERSE AUCTION.] (a) For the purpose of this 27.28 subdivision, "reverse auction" means a purchasing process in 27.29 which vendors compete to provide goods or services at the lowest 27.30 selling price in an open and interactive environment. 27.31 (b) The provisions of section 16C.06, subdivisions 2 and 3, 27.32 do not apply when the commissioner determines that a reverse 27.33 auction is the appropriate purchasing process. 27.34 (c) Notwithstanding any other law, the commissioner of 27.35 transportation may not award contracts for highway construction 27.36 or engineering services using a reverse auction process. 28.1 Sec. 3. Minnesota Statutes 2002, section 117.232, 28.2 subdivision 1, is amended to read: 28.3 Subdivision 1. When acquisition of private property is 28.4 accomplished by the state department of transportation by direct 28.5 purchase the owner shall be entitled to reimbursement for 28.6 appraisal fees, not to exceed a total of$500$1,500. When 28.7 acquisition of private property is accomplished by any other 28.8 acquiring authority, the owner is entitled to reimbursement for 28.9 appraisal fees, not to exceed$500$1,500, if the owner is 28.10 otherwise entitled to reimbursement under sections 117.50 to 28.11 117.56. The purchaser in all instances shall inform the owner 28.12 of the right, if any, to reimbursement for appraisal fees 28.13 reasonably incurred, in an amount not to exceed$500$1,500, 28.14 together with relocation costs, moving costs and any other 28.15 related expenses to which an owner is entitled by sections 28.16 117.50 to 117.56. This subdivision does not apply to 28.17 acquisition for utility purposes made by a public service 28.18 corporation organized pursuant to section 300.03 or electric 28.19 cooperative associations organized pursuant to chapter 308A. 28.20 Sec. 4. Minnesota Statutes 2002, section 160.02, is 28.21 amended by adding a subdivision to read: 28.22 Subd. 30. [INTERREGIONAL CORRIDOR.] "Interregional 28.23 corridor" means a state trunk highway outside the seven-county 28.24 metropolitan area that is designated by the commissioner of 28.25 transportation as an interregional corridor, or a high-priority 28.26 regional corridor that is a principal arterial or minor arterial 28.27 and connects the seven-county metropolitan area with a regional 28.28 trade center. 28.29 Sec. 5. [160.235] [COOPERATION WITH HIGHWAY CLEANUP 28.30 VOLUNTEERS.] 28.31 To the extent feasible and practicable, road authorities 28.32 shall cooperate and coordinate their right-of-way activities 28.33 with the highway cleanup efforts of the volunteers participating 28.34 in any adopt-a-highway program or similar program to keep the 28.35 road, street, and highway rights-of-way free of rubbish. 28.36 Sec. 6. Minnesota Statutes 2002, section 160.28, is 29.1 amended by adding a subdivision to read: 29.2 Subd. 3. [REST AREA LEASE AGREEMENTS.] (a) The 29.3 commissioner may enter into lease agreements with local units of 29.4 government or private or nonprofit entities, relating to the use 29.5 of highway rest areas. 29.6 (b) A lease agreement may: 29.7 (1) prescribe a term of up to five years, and may be 29.8 renewable for additional terms; 29.9 (2) provide that some or all of the consideration to be 29.10 furnished by the lessee may be in the form of in-kind 29.11 contribution to the improvement, maintenance, or operation of 29.12 the rest area; 29.13 (3) allow the lessee to add leasehold improvements to the 29.14 site; and 29.15 (4) allow the lessee to operate part of the rest area 29.16 facility, and to offer for sale, products or services which the 29.17 commissioner deems appropriate to sell in a highway rest stop. 29.18 (c) A lease agreement for a rest stop on a trunk highway or 29.19 interstate highway is subject to section 160.282 and must allow 29.20 for the commissioner to negotiate maintenance service agreements 29.21 that promote and encourage the employment of needy, elderly 29.22 persons. 29.23 (d) Revenues from leases authorized under this section must 29.24 be deposited in a highway rest stop lease account in the special 29.25 revenue fund. Money in the account is appropriated to the 29.26 commissioner of transportation to administer the highway rest 29.27 stop program. 29.28 Sec. 7. [160.93] [USER FEES; HIGH-OCCUPANCY VEHICLE 29.29 LANES.] 29.30 Subdivision 1. [FEES AUTHORIZED.] To improve efficiency 29.31 and provide more options to individuals traveling in a trunk 29.32 highway corridor, the commissioner of transportation may charge 29.33 user fees to owners of single-occupant vehicles using designated 29.34 high-occupancy vehicle lanes. The fees may be collected using 29.35 electronic or other toll-collection methods and may vary in 29.36 amount with the time of day and level of traffic congestion 30.1 within the corridor. The commissioner shall consult with the 30.2 metropolitan council and obtain necessary federal authorizations 30.3 before implementing user fees on a high-occupancy vehicle lane. 30.4 Subd. 2. [DEPOSIT OF REVENUES; APPROPRIATION.] Money 30.5 collected from fees authorized under subdivision 1 must be 30.6 deposited in a high-occupancy vehicle lane user fee account in 30.7 the special revenue fund. The amount necessary to implement and 30.8 administer a high-occupancy vehicle lane user fee is 30.9 appropriated from the account to the commissioner. Funds in 30.10 excess of the amount necessary to implement and administer the 30.11 user fee are appropriated to the metropolitan council and must 30.12 be used to improve transit and carpooling services within the 30.13 corridor. 30.14 Subd. 3. [EXEMPTIONS.] With respect to this section, the 30.15 commissioner is exempt from statutory rulemaking requirements 30.16 and from sections 160.84 to 160.92 and 161.162 to 161.167. 30.17 Subd. 4. [ENFORCEMENT.] A person who violates subdivision 30.18 1 is guilty of a petty misdemeanor and is subject to sections 30.19 169.89, subdivisions 1, 2, and 4, and 169.891 and any other 30.20 provision of chapter 169 applicable to the commission of a petty 30.21 misdemeanor traffic offense. 30.22 Sec. 8. Minnesota Statutes 2002, section 161.04, is 30.23 amended by adding a subdivision to read: 30.24 Subd. 5. [TRUNK HIGHWAY CORRIDOR PROTECTION REVOLVING LOAN 30.25 ACCOUNT.] A trunk highway corridor protection revolving loan 30.26 account is established in the trunk highway fund to make loans 30.27 for the purposes described in section 161.087, subdivision 2. 30.28 Money received under section 161.087 for this account from any 30.29 source must be paid into the trunk highway fund and credited to 30.30 the account. Money in the account is annually appropriated to 30.31 the commissioner of transportation for the purposes specified in 30.32 section 161.04 and does not lapse. The account must be credited 30.33 with investment income and with repayments of principal, rents, 30.34 sale proceeds, and other money related to the ownership of the 30.35 property acquired with loan proceeds. 30.36 Sec. 9. [161.087] [TRUNK HIGHWAY CORRIDOR PROTECTION 31.1 REVOLVING LOAN ACCOUNT.] 31.2 Subdivision 1. [PURPOSE.] The purpose of the trunk highway 31.3 corridor protection revolving loan account is to provide loans 31.4 to road authorities outside the metropolitan area as defined in 31.5 section 473.121 for the purchase of property within their 31.6 jurisdictions. To be eligible for purchase with loan proceeds, 31.7 the property must be located within the right-of-way of a state 31.8 trunk highway shown on an official map adopted under section 31.9 394.361 or 462.359 in anticipation of a trunk highway 31.10 construction, reconstruction, or improvement project that is not 31.11 programmed in the department's ten-year plan, but is identified 31.12 in the department's 20-year district plans that cover the 31.13 counties outside the metropolitan area. The loans do not bear 31.14 interest. 31.15 Subd. 2. [PROPERTY ELIGIBLE FOR PURCHASE WITH LOAN 31.16 PROCEEDS.] Money in the account must be used to make loans only 31.17 to purchase property described in subdivision 1 under one or 31.18 more of the following conditions: 31.19 (1) the property is primarily undeveloped, and there is a 31.20 reasonable probability that the property will increase in value 31.21 before highway construction; 31.22 (2) the property is subject to imminent conversion to a use 31.23 which would jeopardize its availability for highway 31.24 construction; 31.25 (3) open market opportunities exist making developed 31.26 properties available for sale, provided all parties involved 31.27 agree to the sale; or 31.28 (4) the property is homestead and cannot be sold at its 31.29 appraised fair market value due to its location in a future 31.30 trunk highway right-of-way as indicated on an official map, and 31.31 the owner requests acquisition from the road authority. 31.32 Subd. 3. [LOAN APPLICATION.] A road authority outside the 31.33 metropolitan area may apply for a loan from the account by 31.34 submitting an application to the department on a form prescribed 31.35 by the department. The applicant must state the estimated cost 31.36 of the proposed acquisition and other possible sources of 32.1 funding in addition to the loan sought. 32.2 Subd. 4. [LOAN REPAYMENT THROUGH CONVEYANCE TO 32.3 COMMISSIONER.] A road authority that borrows money from the 32.4 account shall hold the acquired property until it is conveyed to 32.5 the commissioner to allow for construction of the trunk highway, 32.6 except as otherwise provided in subdivision 5. Conveyance by 32.7 the road authority of the property, together with all rents and 32.8 other money received by virtue of the road authority's ownership 32.9 of the property, shall constitute full repayment of the loan. 32.10 Subd. 5. [LOAN REPAYMENT AFTER SALE OF PROPERTY.] Upon the 32.11 commissioner's notification to the road authority that the plan 32.12 to construct the highway has been abandoned or the location of 32.13 the proposed highway has changed, the road authority shall sell 32.14 the property at market value in accordance with the procedures 32.15 required for the disposition of property. All rents, sale 32.16 proceeds, and other money received by the road authority by 32.17 virtue of its ownership of the property and all proceeds from 32.18 the conveyance or sale of the property shall be paid to the 32.19 commissioner and shall constitute full repayment of the loan. 32.20 Sec. 10. Minnesota Statutes 2002, section 161.20, 32.21 subdivision 3, is amended to read: 32.22 Subd. 3. [TRUNK HIGHWAY FUND APPROPRIATIONS.] The 32.23 commissioner may expend trunk highway funds only for trunk 32.24 highway purposes. Payment of expenses related tosales tax,32.25 bureau of criminal apprehension laboratory, office of tourism 32.26 kiosks, Minnesota safety council, tort claims, driver education 32.27 programs, emergency medical services board, and Mississippi 32.28 River parkway commission do not further a highway purpose and do 32.29 not aid in the construction, improvement, or maintenance of the 32.30 highway system. 32.31 [EFFECTIVE DATE.] This section is effective the day 32.32 following final enactment. 32.33 Sec. 11. [161.368] [HIGHWAY MAINTENANCE, DESIGN, AND 32.34 CONSTRUCTION CONTRACT WITH TRIBAL AUTHORITIES.] 32.35 On behalf of the state, the commissioner may enter into 32.36 agreements with Indian tribal authorities for the purpose of 33.1 providing maintenance, design, and construction to highways on 33.2 tribal lands. These agreements may include (1) a provision for 33.3 waiver of immunity from suit by a party to the contract on the 33.4 part of the tribal authority with respect to any controversy 33.5 arising out of the contract and (2) a provision conferring 33.6 jurisdiction on state district courts to hear such a controversy. 33.7 Sec. 12. Minnesota Statutes 2002, section 163.11, is 33.8 amended by adding a subdivision to read: 33.9 Subd. 4a. [DESIGNATION AS COUNTY CARTWAY.] A county board 33.10 that has vacated a county highway under subdivision 4 may 33.11 designate, as part of the vacating resolution, the former county 33.12 highway as a county cartway. A highway designated as a county 33.13 cartway is a county highway for purposes of this chapter, but 33.14 the county board may not expend money from its road and bridge 33.15 fund on the maintenance or improvement of a county cartway 33.16 unless the county board determines that the expenditure is in 33.17 the public interest. With the exception of the process provided 33.18 in subdivision 5a, a county highway right-of-way that has been 33.19 vacated, extinguished, or otherwise removed from the county 33.20 highway system may not revert to a town. 33.21 Sec. 13. Minnesota Statutes 2002, section 163.11, is 33.22 amended by adding a subdivision to read: 33.23 Subd. 9. [TRANSFER OF JURISDICTION OVER COUNTY 33.24 HIGHWAY.] Notwithstanding subdivision 5, the county board may 33.25 transfer jurisdiction and ownership of a county highway to 33.26 another road authority, an agency of the United States, an 33.27 agency of the state, or to an Indian tribe upon agreement 33.28 between the county and the authority, agency, or tribe to which 33.29 the transfer is being made. Subdivision 5a provides the 33.30 exclusive method of county highway reversion to towns. 33.31 Sec. 14. Minnesota Statutes 2002, section 164.08, 33.32 subdivision 2, is amended to read: 33.33 Subd. 2. [MANDATORY ESTABLISHMENT; CONDITIONS.] (a) Upon 33.34 petition presented to the town board by the owner of a tract of 33.35 land containing at least five acres, who has no access thereto 33.36 except over a navigable waterway or over the lands of others, or 34.1 whose access thereto is less than two rods in width, the town 34.2 board by resolution shall establish a cartway at least two rods 34.3 wide connecting the petitioner's land with a public road. A 34.4 town board shall establish a cartway upon a petition of an owner 34.5 of a tract of land that, as of January 1, 1998, was on record as 34.6 a separate parcel, contained at least two but less than five 34.7 acres, and has no access thereto except over a navigable 34.8 waterway or over the lands of others. The town board may select 34.9 an alternative route other than that petitioned for if the 34.10 alternative is deemed by the town board to be less disruptive 34.11 and damaging to the affected landowners and in the public's best 34.12 interest. 34.13 (b) In an unorganized territory, the board of county 34.14 commissioners of the county in which the tract is located shall 34.15 act as the town board. The proceedings of the town board shall 34.16 be in accordance with section 164.07. 34.17 (c) The amount of damages shall be paid by the petitioner 34.18 to the town before such cartway is opened. For the purposes of 34.19 this subdivision damages shall mean the compensation, if any, 34.20 awarded to the owner of the land upon which the cartway is 34.21 established together with the cost of professional and other 34.22 services, hearing costs, administrative costs, recording costs, 34.23 and other costs and expenses which the town may incur in 34.24 connection with the proceedings for the establishment of the 34.25 cartway. The town board may by resolution require the 34.26 petitioner to post a bond or other security acceptable to the 34.27 board for the total estimated damages before the board takes 34.28 action on the petition. 34.29 (d) Town road and bridge funds shall not be expended on the 34.30 cartway unless the town board, or the county board acting as the 34.31 town board in the case of a cartway established in an 34.32 unorganized territory, by resolution determines that an 34.33 expenditure is in the public interest. If no resolution is 34.34 adopted to that effect, the grading or other construction work 34.35 and the maintenance of the cartway is the responsibility of the 34.36 petitioner, subject to the provisions of section 164.10. 35.1 (e) After the cartway has been constructed the town board, 35.2 or the county board in the case of unorganized territory, may by 35.3 resolution designate the cartway as a private driveway with the 35.4 written consent of the affected landowner in which case from the 35.5 effective date of the resolution no town road and bridge funds 35.6 shall be expended for maintenance of the driveway; provided that 35.7 the cartway shall not be vacated without following the vacation 35.8 proceedings established under section 164.07. 35.9 Sec. 15. Minnesota Statutes 2002, section 168.011, 35.10 subdivision 22, is amended to read: 35.11 Subd. 22. [SPECIAL MOBILE EQUIPMENT.] "Special mobile 35.12 equipment" means every vehicle not designed or used primarily 35.13 for the transportation of persons or property and only 35.14 incidentally operated or moved over a highway, including but not 35.15 limited to: ditch-digging apparatuses, moving dollies, pump 35.16 hoists and other water well-drilling equipment registered under 35.17 chapter 103I, street-sweeping vehicles, and other machinery such 35.18 as asphalt spreaders, bituminous mixers, bucket loaders, 35.19 tractors other than truck-tractors, ditchers, leveling graders, 35.20 finishing machines, motor graders, road rollers, scarifiers, 35.21 truck-mounted log loaders, earth-moving carryalls, scrapers, 35.22 power shovels, draglines, self-propelled cranes, and 35.23 earth-moving equipment. The term does not include travel 35.24 trailers, dump trucks, truck-mounted transit mixers, 35.25 truck-mounted feed grinders, or other motor vehicles designed 35.26 for the transportation of persons or property to which machinery 35.27 has been attached. 35.28 Sec. 16. Minnesota Statutes 2002, section 168.013, 35.29 subdivision 3, is amended to read: 35.30 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 35.31 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 35.32 gross weight shall state the unloaded weight of the motor 35.33 vehicle, trailer, or semitrailer and the maximum load the 35.34 applicant proposes to carry on it, the sum of which constitutes 35.35 the gross weight upon which the license tax must be paid. 35.36 However, the declared gross weight upon which the tax is paid 36.1 must not be less than 1-1/4 times the declared unloaded weight 36.2 of the motor vehicle, trailer, or semitrailer to be registered, 36.3 except recreational vehicles taxed under subdivision 1g, school 36.4 buses taxed under subdivision 18, and tow trucks or towing 36.5 vehicles defined in section 169.01, subdivision 52. The gross 36.6 weight of a tow truck or towing vehicle is the actual weight of 36.7 the tow truck or towing vehicle fully equipped, but does not 36.8 include the weight of a wrecked or disabled vehicle towed or 36.9 drawn by the tow truck or towing vehicle. 36.10 (b) The gross weight of a motor vehicle, trailer, or 36.11 semitrailer must not exceed the gross weight upon which the 36.12 license tax has been paid by more than four percent or 1,000 36.13 pounds, whichever is greater; 36.14 provided that, a vehicle transporting unfinished forest products 36.15 on a highway, other than a highway that is part of the system of 36.16 interstate and defense highways, in accordance with paragraph 36.17 (d)(3): 36.18 (1) shall not exceed its gross vehicle weight upon which 36.19 the license tax has been paid, or gross axle weight on any axle, 36.20 by more than five percent and, notwithstanding other law to the 36.21 contrary, is not subject to any fee, fine, or other assessment 36.22 or penalty for exceeding a gross vehicle or axle weight by up to 36.23 five percent; and 36.24 (2) between the dates set by the commissioner in accordance 36.25 with section 169.826, subdivision 1, is not subject to any 36.26 provision of paragraph (d) or chapter 169 limiting the gross 36.27 axle weight of any individual axle unless the entire vehicle 36.28 also exceeds its gross vehicle weight plus its weight allowance 36.29 allowed in clause (1) and plus any weight allowance permitted 36.30 under section 169.826, in which case the vehicle is subject to 36.31 all applicable penalties for excess weight violations. 36.32 (c) The gross weight of the motor vehicle, trailer, or 36.33 semitrailer for which the license tax is paid must be indicated 36.34 by a distinctive character on the license plate or plates except 36.35 as provided in subdivision 12 and the plate or plates must be 36.36 kept clean and clearly visible at all times. 37.1 (d) The owner, driver, or user of a motor vehicle, trailer, 37.2 or semitrailer, upon conviction for transporting a gross weight 37.3 in excess of the gross weight for which it was registered or for 37.4 operating a vehicle with an axle weight exceeding the maximum 37.5 lawful axle load weight, is guilty of a misdemeanor and subject 37.6 to increased registration or reregistration according to the 37.7 following schedule: 37.8 (1) Upon conviction for transporting a gross weight in 37.9 excess of the gross weight for which a motor vehicle, trailer, 37.10 or semitrailer is registered by more than the allowance set 37.11 forth in paragraph (b) but less than 25 percent, or for 37.12 operating or using a motor vehicle, trailer, or semitrailer with 37.13 an axle weight exceeding the maximum lawful axle load as 37.14 provided in sections 169.822 to 169.829 by more than the 37.15 allowance set forth in paragraph (b) but less than 25 percent, 37.16 the owner, driver, or user of the motor vehicle, trailer, or 37.17 semitrailer used to commit the violation, in addition to any 37.18 penalty imposed for the misdemeanor, shall apply to the 37.19 registrar to increase the authorized gross weight to be carried 37.20 on the vehicle to a weight equal to or greater than the gross 37.21 weight the owner, driver, or user was convicted of carrying. 37.22 The increase is computed for the balance of the calendar year on 37.23 the basis of 1/12 of the annual tax for each month remaining in 37.24 the calendar year beginning with the first day of the month in 37.25 which the violation occurred. If the additional registration 37.26 tax computed upon that weight, plus the tax already paid, 37.27 amounts to more than the regular tax for the maximum gross 37.28 weight permitted for the vehicle under sections 169.822 to 37.29 169.829, that additional amount must nevertheless be paid into 37.30 the highway fund, but the additional tax thus paid does not 37.31 authorize or permit any person to operate the vehicle with a 37.32 gross weight in excess of the maximum legal weight as provided 37.33 by sections 169.822 to 169.829. Unless the owner within 30 days 37.34 after a conviction applies to increase the authorized weight and 37.35 pays the additional tax as provided in this section, the 37.36 registrar shall revoke the registration on the vehicle and 38.1 demand the return of the registration card and plates issued on 38.2 that registration. 38.3 (2) Upon conviction of an owner, driver, or user of a motor 38.4 vehicle, trailer, or semitrailer for transporting a gross weight 38.5 in excess of the gross weight for which the motor vehicle, 38.6 trailer, or semitrailer was registered by 25 percent or more or 38.7 for operating or using the vehicle or trailer with an axle 38.8 weight exceeding the maximum lawful axle load as provided in 38.9 sections 169.822 to 169.829 by 25 percent or more, and in 38.10 addition to any penalty imposed for the misdemeanor, the 38.11 registrar shall either (i) cancel the reciprocity privileges on 38.12 the vehicle involved if the vehicle is being operated under 38.13 reciprocity or (ii) if the vehicle is not being operated under 38.14 reciprocity, cancel the certificate of registration on the 38.15 vehicle operated and demand the return of the registration 38.16 certificate and registration plates. The registrar may not 38.17 cancel the registration or reciprocity privileges for any 38.18 vehicle found in violation of seasonal load restrictions imposed 38.19 under section 169.87 unless the axle weight exceeds the 38.20 year-round weight limit for the highway on which the violation 38.21 occurred. The registrar may investigate any allegation of gross 38.22 weight violations and demand that the operator show cause why 38.23 all future operating privileges in the state should not be 38.24 revoked unless the additional tax assessed is paid. 38.25 (3) Clause (1) does not apply to the first haul of 38.26 unprocessed or raw farm products or unfinished forest products, 38.27 when the registered gross weight is not exceeded by more than 38.28 ten percent. For purposes of this clause, "first haul" means 38.29 (i) the first, continuous transportation of unprocessed or raw 38.30 farm products from the place of production or on-farm storage 38.31 site to any other location within 50 miles of the place of 38.32 production or on-farm storage site, or (ii) the continuous or 38.33 noncontinuous transportation of unfinished forest products from 38.34 the place of production to the place of final processing or 38.35 manufacture located within 200 miles of the place of production. 38.36 (4) When the registration on a motor vehicle, trailer, or 39.1 semitrailer is revoked by the registrar according to this 39.2 section, the vehicle must not be operated on the highways of the 39.3 state until it is registered or reregistered, as the case may 39.4 be, and new plates issued, and the registration fee is the 39.5 annual tax for the total gross weight of the vehicle at the time 39.6 of violation. The reregistration pursuant to this subdivision 39.7 of any vehicle operating under reciprocity agreements pursuant 39.8 to section 168.181 or 168.187 must be at the full annual 39.9 registration fee without regard to the percentage of vehicle 39.10 miles traveled in this state. 39.11 Sec. 17. Minnesota Statutes 2002, section 168.12, 39.12 subdivision 2e, is amended to read: 39.13 Subd. 2e. [VOLUNTEER AMBULANCE ATTENDANTS; SPECIAL 39.14 PLATES.] (a) The registrar shall issue special license plates to 39.15 an applicant who is a volunteer ambulance attendant as defined 39.16 in section 144E.001, subdivision 15, and who owns or jointly 39.17 owns a motor vehicle taxed as a passenger automobile. The 39.18 registrar shall issue the special plates on payment of the 39.19 registration tax required by law for the vehicle, compliance 39.20 with all other applicable laws relating to registration and 39.21 licensing of motor vehicles and drivers, and payment of an 39.22 additional fee of $10. The registrar shall not issue more than 39.23one settwo sets of these plates to each qualified applicant. 39.24 (b) A person may use special plates issued under this 39.25 subdivision only during the period that the person is a 39.26 volunteer ambulance attendant. When the person to whom the 39.27 special plates were issued ceases to be a volunteer ambulance 39.28 attendant,orthe person shall return each set of special plates 39.29 issued to that person. When ownership ofthea vehicle is 39.30 transferred, the person shall remove the special plates fromthe39.31 that vehicle and return them to the registrar. On return ofthe39.32 each set of plates, the owner of the vehicle, or new owner in 39.33 case of a transferred vehicle, is entitled to receive regular 39.34 license plates for the vehicle without cost for the rest of the 39.35 registration period for which the set of special plates were 39.36 issued. Special plates issued under this subdivision may be 40.1 transferred to another vehicle owned by the volunteer ambulance 40.2 attendant on payment of a fee of $5. 40.3 (c) The fees specified in this subdivision must be paid 40.4 into the state treasury and deposited in the highway user tax 40.5 distribution fund. 40.6 (d) The commissioner may adopt rules governing the design, 40.7 issuance, and sale of the special plates authorized by this 40.8 subdivision. 40.9 Sec. 18. Minnesota Statutes 2002, section 168.12, 40.10 subdivision 5, is amended to read: 40.11 Subd. 5. [ADDITIONAL FEE.] (a) In addition to any fee 40.12 otherwise authorized or any tax otherwise imposed upon any motor 40.13 vehicle, the payment of which is required as a condition to the 40.14 issuance of any number license plate or plates, the commissioner 40.15 of public safetymayshall imposeathe fee specified in 40.16 paragraph (b) that is calculated to cover the cost of 40.17 manufacturing and issuing the license plate or plates, except 40.18 for license plates issued to disabled veterans as defined in 40.19 section 168.031 and license plates issued pursuant to section 40.20 168.124, 168.125, or 168.27, subdivisions 16 and 17, for 40.21 passenger automobiles. Graphic design license plates shall only 40.22 be issued for vehicles registered pursuant to section 168.017 40.23 and recreational vehicles registered pursuant to section 40.24 168.013, subdivision 1g. 40.25 (b) Unless otherwise specified or exempted by statute, the 40.26 following plate and validation sticker fees apply for the 40.27 original, duplicate, or replacement issuance of a plate in a 40.28 plate year: 40.29 Sequential Double Plate $ 4.25 40.30 Sequential Special Plate-Double $ 7.00 40.31 Sequential Single Plate $ 3.00 40.32 Sequential Special Plate-Single $ 5.50 40.33 Self-Adhesive Plate $ 2.50 40.34 Nonsequential Double Plate $14.00 40.35 Nonsequential Single Plate $10.00 40.36 Duplicate Sticker $ 1.00 41.1 (c) Fees collected under this subdivision must be paid into 41.2 the state treasury and credited to the highway user tax 41.3 distribution fund. 41.4 Sec. 19. Minnesota Statutes 2002, section 168.54, 41.5 subdivision 4, is amended to read: 41.6 Subd. 4. [TRANSFER FEE.] A fee of$2$3 is imposed upon 41.7 every transfer of ownership by the commissioner of public safety 41.8 of any motor vehicle for which a registration certificate has 41.9 heretofore been issued under this chapter, except vehicles sold 41.10 for the purposes of salvage or dismantling or permanent removal 41.11 from the state. 41.12 Sec. 20. Minnesota Statutes 2002, section 168A.29, 41.13 subdivision 1, is amended to read: 41.14 Subdivision 1. [AMOUNTS.] (a) The department shall be paid 41.15 the following fees: 41.16 (1) for filing an application for and the issuance of an 41.17 original certificate of title, the sum of$2$3; 41.18 (2) for each security interest when first noted upon a 41.19 certificate of title, including the concurrent notation of any 41.20 assignment thereof and its subsequent release or satisfaction, 41.21 the sum of $2, except that no fee is due for a security interest 41.22 filed by a public authority under section 168A.05, subdivision 41.23 8; 41.24 (3) for the transfer of the interest of an owner and the 41.25 issuance of a new certificate of title, the sum of$2$3; 41.26 (4) for each assignment of a security interest when first 41.27 noted on a certificate of title, unless noted concurrently with 41.28 the security interest, the sum of $1; 41.29 (5) for issuing a duplicate certificate of title, the sum 41.30 of $4. 41.31 (b) After June 30, 1994, in addition to each of the fees 41.32 required under paragraph (a), clauses (1) and (3), the 41.33 department shall be paid $3.50. The additional fee collected 41.34 under this paragraph must be deposited in the special revenue 41.35 fund and credited to the public safety motor vehicle account 41.36 established in section 299A.70. 42.1 Sec. 21. Minnesota Statutes 2002, section 169.01, is 42.2 amended by adding a subdivision to read: 42.3 Subd. 91. [SCHOOL ZONE.] "School zone" means that section 42.4 of a street or highway which abuts the grounds of a school where 42.5 children have access to the street or highway from the school 42.6 property or where an established school crossing is located 42.7 provided the school advance sign prescribed by the manual on 42.8 uniform traffic control devices adopted by the commissioner of 42.9 transportation pursuant to section 169.06 is in place. All 42.10 signs erected by local authorities to designate speed limits in 42.11 school zones must conform to the manual on uniform control 42.12 devices. 42.13 Sec. 22. Minnesota Statutes 2002, section 169.09, 42.14 subdivision 1, is amended to read: 42.15 Subdivision 1. [DRIVER TO STOP FOR ACCIDENT WITH PERSON.] 42.16 The driver of any vehicle involved in an accident resulting in 42.17 immediately demonstrable bodily injury to or death of any 42.18 person, or resulting in bodily injury alleged by any person and 42.19 made known to the driver, shall immediately stop the vehicle at 42.20 the scene of the accident, or as close to the scene as possible, 42.21 but shall then return to and in every event, shall remain at, 42.22 the scene of the accident until the driver has notified the 42.23 appropriate law enforcement agency according to subdivision 6 42.24 and fulfilled the requirements of this chapter as to the giving 42.25 of information. The stop shall be made without unnecessarily 42.26 obstructing traffic. 42.27 [EFFECTIVE DATE.] This section is effective July 1, 2003, 42.28 and applies to accidents occurring on and after that date. 42.29 Sec. 23. Minnesota Statutes 2002, section 169.14, 42.30 subdivision 2, is amended to read: 42.31 Subd. 2. [SPEED LIMITS.] (a) Where no special hazard 42.32 exists the following speeds shall be lawful, but any speeds in 42.33 excess of such limits shall be prima facie evidence that the 42.34 speed is not reasonable or prudent and that it is unlawful; 42.35 except that the speed limit within any municipality shall be a 42.36 maximum limit and any speed in excess thereof shall be unlawful: 43.1 (1) 30 miles per hour in an urban district or on a town 43.2 road in a rural residential district; 43.3 (2) 65 miles per hour on non-Interstate freeways and 43.4 expressways, as defined in section 160.02, subdivision 19; 43.5 (3) 55 miles per hour in locations other than those 43.6 specified in this section; 43.7 (4) 70 miles per hour on Interstate highways outside the 43.8 limits of any urbanized area with a population of greater than 43.9 50,000 as defined by order of the commissioner of 43.10 transportation; 43.11 (5) 65 miles per hour on Interstate highways inside the 43.12 limits of any urbanized area with a population of greater than 43.13 50,000 as defined by order of the commissioner of 43.14 transportation; 43.15 (6) ten miles per hour in alleys;and43.16 (7) 25 miles per hour in residential roadways if adopted by 43.17 the road authority having jurisdiction over the residential 43.18 roadway; and 43.19 (8) 25 miles per hour in school zones. 43.20 (b) A speed limit adopted under paragraph (a), clause (7), 43.21 is not effective unless the road authority has erected signs 43.22 designating the speed limit and indicating the beginning and end 43.23 of the residential roadway on which the speed limit applies. 43.24 (c) For purposes of this subdivision, "rural residential 43.25 district" means the territory contiguous to and including any 43.26 town road within a subdivision or plat of land that is built up 43.27 with dwelling houses at intervals of less than 300 feet for a 43.28 distance of one-quarter mile or more. 43.29 [EFFECTIVE DATE.] This section is effective September 1, 43.30 2003. 43.31 Sec. 24. Minnesota Statutes 2002, section 169.14, 43.32 subdivision 4, is amended to read: 43.33 Subd. 4. [ESTABLISHMENT OF ZONES BY COMMISSIONER.] Except 43.34 as provided in subdivision 5a, on determining upon the basis of 43.35 an engineering and traffic investigation that any speed set 43.36 forth in this section is greater or less than is reasonable or 44.1 safe under the conditions found to exist on any trunk highway or 44.2 upon any part thereof, the commissioner may erect appropriate 44.3 signs designating a reasonable and safe speed limit thereat, 44.4 which speed limit shall be effective when such signs are 44.5 erected. Any speeds in excess of such limits shall be prima 44.6 facie evidence that the speed is not reasonable or prudent and 44.7 that it is unlawful; except that any speed limit within any 44.8 municipality or within any school zone shall be a maximum limit 44.9 and any speed in excess thereof shall be unlawful. On 44.10 determining upon that basis that a part of the trunk highway 44.11 system outside a municipality should be a zone of maximum speed 44.12 limit, the commissioner may establish that part as such a zone 44.13 by erecting appropriate signs showing the beginning and end of 44.14 the zone, designating a reasonable and safe speed therefor, 44.15 which may be different than the speed set forth in this section, 44.16 and that it is a zone of maximum speed limit. The speed so 44.17 designated by the commissioner within any such zone shall be a 44.18 maximum speed limit, and speed in excess of such limit shall be 44.19 unlawful. The commissioner may in the same manner from time to 44.20 time alter the boundary of such a zone and the speed limit 44.21 therein or eliminate such zone. 44.22 [EFFECTIVE DATE.] This section is effective September 1, 44.23 2003. 44.24 Sec. 25. Minnesota Statutes 2002, section 169.14, 44.25 subdivision 5a, is amended to read: 44.26 Subd. 5a. [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) A 44.27 localauthoritiesauthority, with the agreement of a school 44.28 board or nonpublic school administration, may establish aschool44.29 speed limit that is less than 25 miles per hour within a school 44.30 zone of a public or nonpublic schoolupon the basis of an44.31engineering and traffic investigation as prescribed by the44.32commissioner of transportationlocated on a street or highway 44.33 within the jurisdiction of the local authority. The 44.34 establishment of a school speed limit that is more than or less 44.35 than 25 miles per hour on any trunk highway shall bewith the44.36consentby agreement of the commissioner of transportation and 45.1 the school board or the administrator in the case of a nonpublic 45.2 school. A school zone speed limit that is less than 25 miles 45.3 per hour on August 31, 2003, remains unchanged unless a 45.4 different speed limit is established in accordance with this 45.5 paragraph. Such school speed limits shall be in effect when 45.6 children are present, going to or leaving school during opening 45.7 or closing hours or during school recess periods.The school45.8speed limit shall not be lower than 15 miles per hour and shall45.9not be more than 20 miles per hour below the established speed45.10limit on an affected street or highway if the established speed45.11limit is 40 miles per hour or greater.45.12 (b) The school speed limit shall be effective upon the 45.13 erection of appropriate signs designating the speed and 45.14 indicating the beginning and end of the reduced speed zone. Any 45.15 speed in excess of such posted school speed limit is unlawful. 45.16 All such signs shall be erected by the local authorities on 45.17 those streets and highways under their respective jurisdictions 45.18 and by the commissioner of transportation on trunk highways. 45.19 (c)For the purpose of this subdivision, "school zone"45.20means that section of a street or highway which abuts the45.21grounds of a school where children have access to the street or45.22highway from the school property or where an established school45.23crossing is located provided the school advance sign prescribed45.24by the manual on uniform traffic control devices adopted by the45.25commissioner of transportation pursuant to section 169.06 is in45.26place. All signs erected by local authorities to designate45.27speed limits in school zones shall conform to the manual on45.28uniform control devices.45.29(d)Notwithstanding section 609.0331 or 609.101 or other 45.30 law to the contrary, a person who violates a speed limit 45.31 established under this subdivision is assessed an additional 45.32 surcharge equal to the amount of the fine imposed for the 45.33 violation, but not less than $25. 45.34 [EFFECTIVE DATE.] This section is effective September 1, 45.35 2003. 45.36 Sec. 26. Minnesota Statutes 2002, section 169.18, 46.1 subdivision 7, is amended to read: 46.2 Subd. 7. [LANED HIGHWAY.] When any roadway has been 46.3 divided into two or more clearly marked lanes for traffic, the 46.4 following rules, in addition to all others consistent herewith, 46.5 shall apply: 46.6 (a) A vehicle shall be driven as nearly as practicable 46.7 entirely within a single lane and shall not be moved from such 46.8 lane until the driver has first ascertained that such movement 46.9 can be made with safety. 46.10 (b) Upon a roadway which is not a one-way roadway and which 46.11 is divided into three lanes, a vehicle shall not be driven in 46.12 the center lane except when overtaking and passing another 46.13 vehicle where the roadway is clearly visible and such center 46.14 lane is clear of traffic within a safe distance, or in 46.15 preparation for a left turn or where such center lane is at the 46.16 time allocated exclusively to traffic moving in the direction 46.17 the vehicle is proceeding, and is signposted to give notice of 46.18 such allocation. The left lane of a three-lane roadway which is 46.19 not a one-way roadway shall not be used for overtaking and 46.20 passing another vehicle. 46.21 (c) Official signs may be erected directing slow-moving 46.22 traffic to use a designated lane or allocating specified lanes 46.23 to traffic moving in the same direction, and drivers of vehicles 46.24 shall obey the directions of every such sign. 46.25 (d) Whenever a bicycle lane has been established on a 46.26 roadway, any person operating a motor vehicle on such roadway 46.27 shall not drive in the bicycle lane except to park where parking 46.28 is permitted, to enter or leave the highway, or to prepare for a 46.29 turn as provided in section 169.19, subdivision 1. 46.30 (e) Except when necessary to yield to emergency vehicles or 46.31 to reach a left highway exit, a vehicle may be driven in a lane 46.32 to the left of one or more other lanes only when the vehicle is 46.33 overtaking slower-moving traffic to the right, or otherwise only 46.34 when the vehicle can safely operate in the left lane without 46.35 obstructing traffic. 46.36 Sec. 27. Minnesota Statutes 2002, section 169.42, 47.1 subdivision 1, is amended to read: 47.2 Subdivision 1. [DANGEROUS OBJECT ON HIGHWAY.] No person 47.3 shall throw, deposit, place or dump, or cause to be thrown, 47.4 deposited, placed or dumped upon any street or highway or upon 47.5 any public or privately owned land adjacent thereto without the 47.6 owner's consent any snow, ice, cigarettes, glass bottle, glass, 47.7 nails, tacks, wire, cans, garbage, swill, papers, ashes, refuse, 47.8 carcass of any dead animal, offal, trash or rubbish or any other 47.9 form of offensive matter or any other substance likely to injure 47.10 any person, animal or vehicle upon any such street or highway. 47.11 Sec. 28. Minnesota Statutes 2002, section 169.42, 47.12 subdivision 5, is amended to read: 47.13 Subd. 5. [MISDEMEANOR.] Any person violating the 47.14 provisions of this section is guilty of a misdemeanor. The 47.15 record of any conviction of or plea of guilty under this section 47.16 of a person operating a motor vehicle shall be immediately 47.17 forwarded to the department of public safety for inclusion upon 47.18 that offender's driving record. A person who violates this 47.19 section by throwing a cigarette from a motor vehicle is assessed 47.20 an additional surcharge equal to the amount of the fine imposed 47.21 for the violation. Any second or subsequent offense under this 47.22 section shall require a minimum fine in the amount of $400. Any 47.23 judge may, for any violation of this section, order the offender 47.24 to pick up litter along any public highway or road for four to 47.25 eight hours under the direction of the department of 47.26 transportation, with the option of a jail sentence being imposed. 47.27 Sec. 29. Minnesota Statutes 2002, section 169.686, 47.28 subdivision 1, is amended to read: 47.29 Subdivision 1. [SEAT BELT REQUIREMENT.] (a) A properly 47.30 adjusted and fastened seat belt, including both the shoulder and 47.31 lap belt when the vehicle is so equipped, shall be worn by:47.32(1)the driver and passengers of a passenger vehicle or 47.33 commercial motor vehicle;47.34(2) a passenger riding in the front seat of a passenger47.35vehicle or commercial motor vehicle; and47.36(3) a passenger riding in any seat of a passenger vehicle48.1who is older than three but younger than 11 years of age. 48.2 (b) A person who is 15 years of age or older and who 48.3 violates paragraph (a), clause (1) or (2),is subject to a fine 48.4 of$25$50. The driver of thepassenger vehicle or commercial48.5motorvehicle in which the violation occurred is subject to a 48.6$25$50 fine for a violation of paragraph (a), clause (2) or48.7(3),by achild of the driverpassenger under the age of 15or48.8any child under the age of 11. A peace officer may not issue a48.9citation for a violation of this section unless the officer48.10lawfully stopped or detained the driver of the motor vehicle for48.11a moving violation other than a violation involving motor48.12vehicle equipment. The department of public safety shall not 48.13 record a violation of this subdivision on a person's driving 48.14 record. 48.15 Sec. 30. Minnesota Statutes 2002, section 169.791, 48.16 subdivision 1, is amended to read: 48.17 Subdivision 1. [TERMS DEFINED.] (a) For purposes of this 48.18 section and sections 169.792 to169.799169.798, the following 48.19 terms have the meanings given. 48.20 (b) "Commissioner" means the commissioner of public safety. 48.21 (c) "District court administrator" or "court administrator" 48.22 means the district court administrator or a deputy district 48.23 court administrator of the district court that has jurisdiction 48.24 of a violation of this section. 48.25 (d) "Insurance identification card" means a card issued by 48.26 an obligor to an insured stating that security as required by 48.27 section 65B.48 has been provided for the insured's vehicle. 48.28 (e) "Law enforcement agency" means the law enforcement 48.29 agency that employed the peace officer who demanded proof of 48.30 insurance under this section or section 169.792. 48.31 (f) "Peace officer" or "officer" means an employee of a 48.32 political subdivision or state law enforcement agency, including 48.33 the Minnesota state patrol, who is licensed by the Minnesota 48.34 board of peace officer standards and training and is authorized 48.35 to make arrests for violations of traffic laws. 48.36 (g) "Proof of insurance" means an insurance identification 49.1 card, written statement, or insurance policy as defined by 49.2 section 65B.14, subdivision 2. 49.3 (h) "Vehicle" means a motor vehicle as defined in section 49.4 65B.43, subdivision 2, or a motorcycle as defined in section 49.5 65B.43, subdivision 13. 49.6 (i) "Written statement" means a written statement by a 49.7 licensed insurance agent stating the name and address of the 49.8 insured, the vehicle identification number of the insured's 49.9 vehicle, that a plan of reparation security as required by 49.10 section 65B.48 has been provided for the insured's vehicle, and 49.11 the dates of the coverage. 49.12 (j) The definitions in section 65B.43 apply to sections 49.13 169.792 to169.799169.798. 49.14 Sec. 31. Minnesota Statutes 2002, section 169.796, is 49.15 amended by adding a subdivision to read: 49.16 Subd. 3. [SAMPLING TO VERIFY INSURANCE COVERAGE.] (a) The 49.17 commissioner of public safety must implement a monthly sampling 49.18 program to verify insurance coverage. The sample must annually 49.19 include at least two percent of all drivers who own motor 49.20 vehicles, as defined in section 168.011, licensed in the state, 49.21 one-half of whom during the previous year have been convicted of 49.22 at least one vehicle insurance law violation, have had a 49.23 driver's license revoked or suspended due to habitual violation 49.24 of traffic laws, have had no insurance in effect at the time of 49.25 a reportable crash, or have been convicted of an alcohol-related 49.26 motor vehicle offense. No sample may be selected based on race, 49.27 religion, physical or mental disability, economic status, or 49.28 geographic location. 49.29 (b) The commissioner must request each vehicle owner 49.30 included in the sample to furnish insurance coverage information 49.31 to the commissioner within 30 days. The request must require 49.32 the owner to state whether or not all motor vehicles owned by 49.33 that person were insured on the verification date stated in the 49.34 commissioner's request. The request may require, but is not 49.35 limited to, a signed statement by the owner that the information 49.36 is true and correct, the names and addresses of insurers, policy 50.1 numbers, and expiration or renewal dates of insurance coverage. 50.2 (c) The commissioner must conduct a verification of the 50.3 response by transmitting necessary information to the insurance 50.4 companies named in the owner's response. 50.5 (d) The insurance companies must electronically notify the 50.6 commissioner, within 30 days of the commissioner's request, of 50.7 any false statements regarding coverage. 50.8 (e) The commissioner must suspend, without preliminary 50.9 hearing, the driver's license, if any, of a vehicle owner who 50.10 falsely claims coverage, who indicates that coverage was not in 50.11 effect at the time specified in the request, or who fails to 50.12 respond to the commissioner's request to furnish proof of 50.13 insurance. The commissioner must comply with the notice 50.14 requirement of section 171.18, subdivision 2. 50.15 (f) Before reinstatement of the driver's license, there 50.16 must be filed with the commissioner of public safety the written 50.17 certificate of an insurance carrier authorized to do business in 50.18 the state stating that security has been provided as required by 50.19 section 65B.48. The commissioner of public safety may require 50.20 the certificate of insurance provided to satisfy this 50.21 subdivision to be certified by the insurance carrier for a 50.22 period not to exceed one year. The commissioner of public 50.23 safety may also require a certificate of insurance to be filed 50.24 with respect to all vehicles required to be insured under 50.25 section 65B.48 and owned by any person whose driving privileges 50.26 have been suspended as provided in this section before 50.27 reinstating the person's driver's license. 50.28 Sec. 32. Minnesota Statutes 2002, section 169.797, 50.29 subdivision 4a, is amended to read: 50.30 Subd. 4a. [REGISTRATION REVOCATION AND LICENSE 50.31 SUSPENSION.] The commissioner of public safety shall revoke the 50.32 registration of any vehicle andmaymust suspend the driver's 50.33 license of any operator, without preliminary hearing upon a 50.34 showing by department records, including accident reports 50.35 required to be submitted by section 169.09, or other sufficient 50.36 evidence that security required by section 65B.48 has not been 51.1 provided and maintained. Before reinstatement of the 51.2 registration, there shall be filed with the commissioner of 51.3 public safety the written certificate of an insurance carrier 51.4 authorized to do business in the state stating that security has 51.5 been provided as required by section 65B.48. The commissioner 51.6 of public safety may require the certificate of insurance 51.7 provided to satisfy this subdivision to be certified by the 51.8 insurance carrier to be noncancelable for a period not to exceed 51.9 one year. The commissioner of public safety may also require a 51.10 certificate of insurance to be filed with respect to all 51.11 vehicles required to be insured under section 65B.48 and owned 51.12 by any person whose driving privileges have been suspended or 51.13 revoked as provided in this section before reinstating the 51.14 person's driver's license. 51.15 Sec. 33. Minnesota Statutes 2002, section 169.798, 51.16 subdivision 1, is amended to read: 51.17 Subdivision 1. [AUTHORITY.] The commissioner of public 51.18 safety shall have the power and perform the duties imposed by 51.19 sections 65B.41 to 65B.71, this section, and sections 169.797 51.20 and169.799169.798, and may adopt rules to implement and 51.21 provide effective administration of the provisions requiring 51.22 security and governing termination of security. 51.23 Sec. 34. Minnesota Statutes 2002, section 169.798, is 51.24 amended by adding a subdivision to read: 51.25 Subd. 4. [ATTESTATION OF INSURANCE REQUIRED.] Every owner, 51.26 when applying for motor vehicle or motorcycle registration, 51.27 reregistration, or transfer of ownership, must attest that the 51.28 motor vehicle or motorcycle is covered by an insurance policy. 51.29 Sec. 35. Minnesota Statutes 2002, section 169.826, 51.30 subdivision 1, is amended to read: 51.31 Subdivision 1. [WINTER INCREASE AMOUNTS.] The limitations 51.32 provided in sections 169.822 to 169.829 are increased:51.33(1)by ten percent between the dates set by the 51.34 commissioner for each zone established by the commissioner based 51.35 on a freezing index model each winter, statewide;. 51.36(2) by ten percent between the dates set by the52.1commissioner based on a freezing index model each winter, in the52.2zone bounded as follows: beginning at Pigeon River in the52.3northeast corner of Minnesota; thence in a southwesterly52.4direction along the north shore of Lake Superior to the52.5northeastern city limits of Duluth; thence along the eastern and52.6southern city limits of Duluth to the junction with trunk52.7highway No. 210; thence westerly along trunk highway No. 210 to52.8the junction with trunk highway No. 10; thence northwesterly52.9along trunk highway No. 10 to the Minnesota-North Dakota border;52.10thence northerly along that border to the Minnesota-Canadian52.11Border; thence easterly along said Border to Lake Superior; and52.12(3)Subd. 1a. [HARVEST SEASON INCREASE AMOUNT.] The 52.13 limitations provided in sections 169.822 to 169.829 are 52.14 increased by ten percent from the beginning of harvest to 52.15 November 30 each year for the movement of sugar beets, carrots, 52.16 and potatoes from the field of harvest to the point of the first 52.17 unloading. Transfer of the product from a farm vehicle or small 52.18 farm trailer, within the meaning of chapter 168, to another 52.19 vehicle is not considered to be the first unloading. The 52.20 commissioner shall not issue permits under thisclause52.21 subdivision if to do so will result in a loss of federal highway 52.22 funding to the state. 52.23 Sec. 36. Minnesota Statutes 2002, section 169.826, is 52.24 amended by adding a subdivision to read: 52.25 Subd. 1b. [NINE-TON COUNTY ROADS.] Despite the provisions 52.26 of subdivision 5 and sections 169.824, subdivision 2, paragraph 52.27 (a), clause (2), and 169.832, subdivision 11, a vehicle or 52.28 combination of vehicles with a gross vehicle weight up to 88,000 52.29 pounds may be operated on a nine-ton county road, consistent 52.30 with the increases allowed for vehicles operating on a ten-ton 52.31 road, during the time when the increases under subdivision 1 are 52.32 in effect in that zone. 52.33 Sec. 37. Minnesota Statutes 2002, section 169.85, 52.34 subdivision 2, is amended to read: 52.35 Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and 52.36 load, as provided in this section, an officer may require the 53.1 driver to stop the vehicle in a suitable place and remain 53.2 standing until a portion of the load is removed that is 53.3 sufficient to reduce the gross weight of the vehicle to the 53.4 limit permitted under either section 168.013, subdivision 3, 53.5 paragraph (b), or sections 169.822 to 169.829, whichever is the 53.6 lesser violation, if any. A suitable place is a location where 53.7 loading or tampering with the load is not prohibited by federal, 53.8 state, or local law, rule, or ordinance. 53.9 (b) Except as provided in paragraph (c), a driver may be 53.10 required to unload a vehicle only if the weighing officer 53.11 determines that (1) on routes subject to the provisions of 53.12 sections 169.822 to 169.829, the weight on an axle exceeds the 53.13 lawful gross weight prescribed by sections 169.822 to 169.829, 53.14 by 2,000 pounds or more, or the weight on a group of two or more 53.15 consecutive axles in cases where the distance between the 53.16 centers of the first and last axles of the group under 53.17 consideration is ten feet or less exceeds the lawful gross 53.18 weight prescribed by sections 169.822 to 169.829, by 4,000 53.19 pounds or more; or (2) on routes designated by the commissioner 53.20 in section 169.832, subdivision 11, the overall weight of the 53.21 vehicle or the weight on an axle or group of consecutive axles 53.22 exceeds the maximum lawful gross weights prescribed by sections 53.23 169.822 to 169.829; or (3) the weight is unlawful on an axle or 53.24 group of consecutive axles on a road restricted in accordance 53.25 with section 169.87. Material unloaded must be cared for by the 53.26 owner or driver of the vehicle at the risk of the owner or 53.27 driver. 53.28 (c) If the gross weight of the vehicle does not exceed the 53.29 vehicle's registered gross weight plus the weight allowance set 53.30 forth in section 168.013, subdivision 3, paragraph (b), and 53.31 plus, if applicable, the weight allowance permitted under 53.32 section 169.826, then the driver is not required to unload under 53.33 paragraph (b). 53.34 Sec. 38. Minnesota Statutes 2002, section 169.86, 53.35 subdivision 5, is amended to read: 53.36 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 54.1 commissioner, with respect to highways under the commissioner's 54.2 jurisdiction, may charge a fee for each permit issued. All such 54.3 fees for permits issued by the commissioner of transportation 54.4 shall be deposited in the state treasury and credited to the 54.5 trunk highway fund. Except for those annual permits for which 54.6 the permit fees are specified elsewhere in this chapter, the 54.7 fees shall be: 54.8 (a) $15 for each single trip permit. 54.9 (b) $36 for each job permit. A job permit may be issued 54.10 for like loads carried on a specific route for a period not to 54.11 exceed two months. "Like loads" means loads of the same 54.12 product, weight, and dimension. 54.13 (c) $60 for an annual permit to be issued for a period not 54.14 to exceed 12 consecutive months. Annual permits may be issued 54.15 for: 54.16 (1) motor vehicles used to alleviate a temporary crisis 54.17 adversely affecting the safety or well-being of the public; 54.18 (2) motor vehicles which travel on interstate highways and 54.19 carry loads authorized under subdivision 1a; 54.20 (3) motor vehicles operating with gross weights authorized 54.21 under section 169.826, subdivision1, clause (3)1a; 54.22 (4) special pulpwood vehicles described in section 169.863; 54.23 (5) motor vehicles bearing snowplow blades not exceeding 54.24 ten feet in width; and 54.25 (6) noncommercial transportation of a boat by the owner or 54.26 user of the boat. 54.27 (d) $120 for an oversize annual permit to be issued for a 54.28 period not to exceed 12 consecutive months. Annual permits may 54.29 be issued for: 54.30 (1) mobile cranes; 54.31 (2) construction equipment, machinery, and supplies; 54.32 (3) manufactured homes; 54.33 (4) implements of husbandry when the movement is not made 54.34 according to the provisions of paragraph (i); 54.35 (5) double-deck buses; 54.36 (6) commercial boat hauling. 55.1 (e) For vehicles which have axle weights exceeding the 55.2 weight limitations of sections 169.822 to 169.829, an additional 55.3 cost added to the fees listed above. However, this paragraph 55.4 applies to any vehicle described in section 168.013, subdivision 55.5 3, paragraph (b), but only when the vehicle exceeds its gross 55.6 weight allowance set forth in that paragraph, and then the 55.7 additional cost is for all weight, including the allowance 55.8 weight, in excess of the permitted maximum axle weight. The 55.9 additional cost is equal to the product of the distance traveled 55.10 times the sum of the overweight axle group cost factors shown in 55.11 the following chart: 55.12 Overweight Axle Group Cost Factors 55.13 Weight (pounds) Cost Per Mile For Each Group Of: 55.14 exceeding Two consec- Three consec- Four consec- 55.15 weight utive axles utive axles utive axles 55.16 limitations spaced within spaced within spaced within 55.17 on axles 8 feet or less 9 feet or less 14 feet or less 55.18 0-2,000 .12 .05 .04 55.19 2,001-4,000 .14 .06 .05 55.20 4,001-6,000 .18 .07 .06 55.21 6,001-8,000 .21 .09 .07 55.22 8,001-10,000 .26 .10 .08 55.23 10,001-12,000 .30 .12 .09 55.24 12,001-14,000 Not permitted .14 .11 55.25 14,001-16,000 Not permitted .17 .12 55.26 16,001-18,000 Not permitted .19 .15 55.27 18,001-20,000 Not permitted Not permitted .16 55.28 20,001-22,000 Not permitted Not permitted .20 55.29 The amounts added are rounded to the nearest cent for each axle 55.30 or axle group. The additional cost does not apply to paragraph 55.31 (c), clauses (1) and (3). 55.32 For a vehicle found to exceed the appropriate maximum permitted 55.33 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 55.34 a ton, over the permitted maximum weight is imposed in addition 55.35 to the normal permit fee. Miles must be calculated based on the 55.36 distance already traveled in the state plus the distance from 56.1 the point of detection to a transportation loading site or 56.2 unloading site within the state or to the point of exit from the 56.3 state. 56.4 (f) As an alternative to paragraph (e), an annual permit 56.5 may be issued for overweight, or oversize and overweight, 56.6 construction equipment, machinery, and supplies. The fees for 56.7 the permit are as follows: 56.8 Gross Weight (pounds) of Vehicle Annual Permit Fee 56.9 90,000 or less $200 56.10 90,001 - 100,000 $300 56.11 100,001 - 110,000 $400 56.12 110,001 - 120,000 $500 56.13 120,001 - 130,000 $600 56.14 130,001 - 140,000 $700 56.15 140,001 - 145,000 $800 56.16 If the gross weight of the vehicle is more than 145,000 pounds 56.17 the permit fee is determined under paragraph (e). 56.18 (g) For vehicles which exceed the width limitations set 56.19 forth in section 169.80 by more than 72 inches, an additional 56.20 cost equal to $120 added to the amount in paragraph (a) when the 56.21 permit is issued while seasonal load restrictions pursuant to 56.22 section 169.87 are in effect. 56.23 (h) $85 for an annual permit to be issued for a period not 56.24 to exceed 12 months, for refuse-compactor vehicles that carry a 56.25 gross weight of not more than: 22,000 pounds on a single rear 56.26 axle; 38,000 pounds on a tandem rear axle; or, subject to 56.27 section 169.828, subdivision 2, 46,000 pounds on a tridem rear 56.28 axle. A permit issued for up to 46,000 pounds on a tridem rear 56.29 axle must limit the gross vehicle weight to not more than 62,000 56.30 pounds. 56.31 (i) For vehicles exclusively transporting implements of 56.32 husbandry, an annual permit fee of $24. A vehicle operated 56.33 under a permit authorized by this paragraph may be moved at the 56.34 discretion of the permit holder without prior route approval by 56.35 the commissioner if: 56.36 (1) the total width of the transporting vehicle, including 57.1 load, does not exceed 14 feet; 57.2 (2) the vehicle is operated only between sunrise and 30 57.3 minutes after sunset, and is not operated at any time after 57.4 12:00 noon on Sundays or holidays; 57.5 (3) the vehicle is not operated when visibility is impaired 57.6 by weather, fog, or other conditions that render persons and 57.7 other vehicles not clearly visible at 500 feet; 57.8 (4) the vehicle displays at the front and rear of the load 57.9 or vehicle a pair of flashing amber lights, as provided in 57.10 section 169.59, subdivision 4, whenever the overall width of the 57.11 vehicle exceeds 126 inches; and 57.12 (5) the vehicle is not operated on a trunk highway with a 57.13 surfaced roadway width of less than 24 feet unless such 57.14 operation is authorized by the permit. 57.15 A permit under this paragraph authorizes movements of the 57.16 permitted vehicle on an interstate highway, and movements of 75 57.17 miles or more on other highways. 57.18 Sec. 39. Minnesota Statutes 2002, section 169.89, is 57.19 amended by adding a subdivision to read: 57.20 Subd. 4a. [SURCHARGE FOR STATE TROOPER TRAINING.] A person 57.21 who violates a traffic or motor vehicle law, and who is 57.22 apprehended or arrested by an officer of the state patrol, must 57.23 be assessed $25 in addition to the fine and any other surcharge 57.24 otherwise imposed for the violation. 57.25 Sec. 40. Minnesota Statutes 2002, section 171.04, 57.26 subdivision 1, is amended to read: 57.27 Subdivision 1. [PERSONS NOT ELIGIBLE.] The department 57.28 shall not issue a driver's license: 57.29 (1) to any person under 18 years unless: 57.30 (i) the applicant is 16 or 17 years of age and has a 57.31 previously issued valid license from another state or country or 57.32 the applicant has, for the 12 consecutive months preceding 57.33 application, held a provisional license and during that time has 57.34 not incurred(A) noa conviction for a moving violation or a 57.35 violation of section 169A.20,; 169A.33,; 169A.35,; or 57.36 171.055, subdivision 2, paragraph (a); or sections 169A.50 to 58.1 169A.53, (B) no conviction for a crash-related moving violation,58.2and (C) not more than one conviction for a moving violation that58.3is not crash related. The department shall not issue a driver's 58.4 license to an applicant who incurred a conviction for a 58.5 described violation during provisional licensure more than 12 58.6 months before the application, until the applicant demonstrates 58.7 satisfaction of any criminal penalties or administrative 58.8 sanctions related to the violation and certifies completion, 58.9 after the most recent conviction, of a minimum of six hours of 58.10 behind-the-wheel instruction with an approved instructor. 58.11 "Moving violation" means a violation of a traffic regulation but 58.12 does not include a parking violation, vehicle equipment 58.13 violation, or warning citation; 58.14 (ii) the application for a license is approved by (A) 58.15 either parent when both reside in the same household as the 58.16 minor applicant or, if otherwise, then (B) the parent or spouse 58.17 of the parent having custody or, in the event there is no court 58.18 order for custody, then (C) the parent or spouse of the parent 58.19 with whom the minor is living or, if subitems (A) to (C) do not 58.20 apply, then (D) the guardian having custody of the minor or, in 58.21 the event a person under the age of 18 has no living father, 58.22 mother, or guardian, or is married or otherwise legally 58.23 emancipated, then (E) the minor's adult spouse, adult close 58.24 family member, or adult employer; provided, that the approval 58.25 required by this item contains a verification of the age of the 58.26 applicant and the identity of the parent, guardian, adult 58.27 spouse, adult close family member, or adult employer; and 58.28 (iii) the applicant presents a certification by the person 58.29 who approves the application under item (ii), stating that the 58.30 applicant has driven a motor vehicle accompanied by and under 58.31 supervision of a licensed driver at least 21 years of age for at 58.32 least ten hours during the period of provisional licensure; 58.33 (2) to any person who is 18 years of age or younger, unless 58.34 the person has applied for, been issued, and possessed the 58.35 appropriate instruction permit for a minimum of six months, and, 58.36 with respect to a person under 18 years of age, a provisional 59.1 license for a minimum of 12 months; 59.2 (3) to any person who is 19 years of age or older, unless 59.3 that person has applied for, been issued, and possessed the 59.4 appropriate instruction permit for a minimum of three months; 59.5 (4) to any person whose license has been suspended during 59.6 the period of suspension except that a suspended license may be 59.7 reinstated during the period of suspension upon the licensee 59.8 furnishing proof of financial responsibility in the same manner 59.9 as provided in the Minnesota No-Fault Automobile Insurance Act; 59.10 (5) to any person whose license has been revoked except 59.11 upon furnishing proof of financial responsibility in the same 59.12 manner as provided in the Minnesota No-Fault Automobile 59.13 Insurance Act and if otherwise qualified; 59.14 (6) to any drug-dependent person, as defined in section 59.15 254A.02, subdivision 5; 59.16 (7) to any person who has been adjudged legally incompetent 59.17 by reason of mental illness, mental deficiency, or inebriation, 59.18 and has not been restored to capacity, unless the department is 59.19 satisfied that the person is competent to operate a motor 59.20 vehicle with safety to persons or property; 59.21 (8) to any person who is required by this chapter to take a 59.22 vision, knowledge, or road examination, unless the person has 59.23 successfully passed the examination. An applicant who fails 59.24 four road tests must complete a minimum of six hours of 59.25 behind-the-wheel instruction with an approved instructor before 59.26 taking the road test again; 59.27 (9) to any person who is required under the Minnesota 59.28 No-Fault Automobile Insurance Act to deposit proof of financial 59.29 responsibility and who has not deposited the proof; 59.30 (10) to any person when the commissioner has good cause to 59.31 believe that the operation of a motor vehicle on the highways by 59.32 the person would be inimical to public safety or welfare; 59.33 (11) to any person when, in the opinion of the 59.34 commissioner, the person is afflicted with or suffering from a 59.35 physical or mental disability or disease that will affect the 59.36 person in a manner as to prevent the person from exercising 60.1 reasonable and ordinary control over a motor vehicle while 60.2 operating it upon the highways; 60.3 (12) to a person who is unable to read and understand 60.4 official signs regulating, warning, and directing traffic; 60.5 (13) to a child for whom a court has ordered denial of 60.6 driving privileges under section 260C.201, subdivision 1, or 60.7 260B.235, subdivision 5, until the period of denial is 60.8 completed; or 60.9 (14) to any person whose license has been canceled, during 60.10 the period of cancellation. 60.11 Sec. 41. Minnesota Statutes 2002, section 171.05, 60.12 subdivision 2b, is amended to read: 60.13 Subd. 2b. [INSTRUCTION PERMIT USE BY PERSON UNDER AGE 18.] 60.14 (a) This subdivision applies to persons who have applied for and 60.15 received an instruction permit under subdivision 2. 60.16 (b) The permit holder may, with the permit in possession, 60.17 operate a motor vehicle, but must be accompanied by and be under 60.18 the supervision of a certified driver education instructor, the 60.19 permit holder's parent or guardian, or another licensed driver 60.20 age 21 or older. The supervisor must occupy the seat beside the 60.21 permit holder. 60.22 (c) The permit holder may operate a motor vehicle only when 60.23 every occupant under the age of1815 has a seat belt or child 60.24 passenger restraint system properly fastened according to 60.25 sections 169.685 and 169.686. A person who violates this 60.26 paragraph is subject to a fine of$25$50.A peace officer may60.27not issue a citation for a violation of this paragraph unless60.28the officer lawfully stopped or detained the driver of the motor60.29vehicle for a moving violation as defined in section 171.04,60.30subdivision 1A passenger who is at least 15 years of age is 60.31 subject to the requirements and penalty of section 169.686. The 60.32 commissioner shall not record a violation of this paragraph on a 60.33 person's driving record. 60.34 (d) The permit holder must maintain a driving record free 60.35 of convictions for moving violations, as defined in section 60.36 171.04, subdivision 1, and free of convictions for violation of 61.1 section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 61.2 169A.53. If the permit holder drives a motor vehicle in 61.3 violation of the law, the commissioner shall suspend, cancel, or 61.4 revoke the permit in accordance with the statutory section 61.5 violated. 61.6 Sec. 42. Minnesota Statutes 2002, section 171.055, 61.7 subdivision 2, is amended to read: 61.8 Subd. 2. [USE OF PROVISIONAL LICENSE.] (a) A provisional 61.9 license holder may not operate a motor vehicleonly when: 61.10 (1) between 12:00 a.m. and 5:00 a.m., unless accompanied by 61.11 the driver's parent or guardian, or unless driving to or from 61.12 the driver's job or an activity sponsored by a school or 61.13 religious organization; 61.14 (2) with more than one passenger under the age of 18, 61.15 except family members; and 61.16 (3) unless every occupant under the age of1815 has a seat 61.17 belt or child passenger restraint system properly 61.18 fastened according to sections 169.685 and 169.686. A person 61.19 who violates this paragraph is subject to a fine of$25$50.A61.20peace officer may not issue a citation for a violation of this61.21paragraph unless the officer lawfully stopped or detained the61.22driver of the motor vehicle for a moving violation as defined in61.23section 171.04.A passenger who is at least 15 years of age is 61.24 subject to the requirements and penalty of section 169.686. The 61.25 commissioner shall not record a violation of this paragraph on a 61.26 person's driving record. 61.27 (b) If the holder of a provisional license during the 61.28 period of provisional licensing incurs (1) a conviction for a 61.29 violation of section 169A.20, 169A.33, 169A.35, or sections 61.30 169A.50 to 169A.53, (2) a conviction for a crash-related moving 61.31 violation as defined in section 171.04, or (3) more than one 61.32 conviction for a moving violation that is not crash related, the 61.33 person may not be issued a driver's license until either: 61.34 (1) 12 consecutive months have expired since the date of 61.35 the most recent convictionor untiland the license holder 61.36 demonstrates satisfaction of any criminal penalties and 62.1 administrative sanctions related to the conviction and certifies 62.2 completion, while holding the provisional license, of a minimum 62.3 of six hours of behind-the-wheel instruction with an approved 62.4 instructor; or 62.5 (2) the person reaches the age of 18 years, whichever62.6occurs first. 62.7 Sec. 43. Minnesota Statutes 2002, section 171.06, 62.8 subdivision 2, is amended to read: 62.9 Subd. 2. [FEES.] (a)The fees for a license and Minnesota62.10identification card are as follows:62.11Classified Driver's LicenseD-$18.50 C-$22.50 B-$29.50 A-$37.5062.12Classified Under-21 D.L.D-$18.50 C-$22.50 B-$29.50 A-$17.5062.13Instruction Permit$ 9.5062.14Provisional License$ 9.5062.15Duplicate License or62.16duplicate identification card$ 8.0062.17Minnesota identification card or Under-21 Minnesota62.18identification card, other than duplicate,62.19except as otherwise provided in section 171.07,62.20subdivisions 3 and 3a$12.5062.21 The fees for a license and Minnesota 62.22 identification card are as follows: 62.23 Classified driver's license D-$19.50 C-$23.50 B-$30.50 A-$38.50 62.24 Classified Under-21 D.L. D-$19.50 C-$23.50 B-$30.50 A-$18.50 62.25 Instruction permit $10.50 62.26 Provisional license $10.50 62.27 Duplicate license or 62.28 duplicate identification card $ 9.00 62.29 Minnesota identification card or Under-21 Minnesota 62.30 identification card, other than duplicate, 62.31 except as otherwise provided in section 171.07, 62.32 subdivisions 3 and 3a $13.50 62.33 (b) Notwithstanding paragraph (a), a person who holds a 62.34 provisional license and has a driving record free of (1) 62.35 convictions for a violation of section 169A.20, 169A.33, 62.36 169A.35, or sections 169A.50 to 169A.53, (2) convictions for 63.1 crash-related moving violations, and (3) convictions for moving 63.2 violations that are not crash related, shall have a $3.50 credit 63.3 toward the fee for any classified under-21 driver's license. 63.4 "Moving violation" has the meaning given it in section 171.04, 63.5 subdivision 1. 63.6 (c) In addition to the driver's license fee required under 63.7 paragraph (a), the registrar shall collect an additional $4 63.8 processing fee from each new applicant or person renewing a 63.9 license with a school bus endorsement to cover the costs for 63.10 processing an applicant's initial and biennial physical 63.11 examination certificate. The department shall not charge these 63.12 applicants any other fee to receive or renew the endorsement. 63.13 Sec. 44. Minnesota Statutes 2002, section 171.061, 63.14 subdivision 4, is amended to read: 63.15 Subd. 4. [FEE; EQUIPMENT.] (a) The agent may charge and 63.16 retain a filing fee of$3.50$4.50 for each application. Except 63.17 as provided in paragraph (b), the fee shall cover all expenses 63.18 involved in receiving, accepting, or forwarding to the 63.19 department the applications and fees required under sections 63.20 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and 63.21 171.07, subdivisions 3 and 3a. 63.22 (b) The department shall maintain the photo identification 63.23 equipment for all agents appointed as of January 1, 2000. Upon 63.24 the retirement, resignation, death, or discontinuance of an 63.25 existing agent, and if a new agent is appointed in an existing 63.26 office pursuant to Minnesota Rules, chapter 7404, and 63.27 notwithstanding the above or Minnesota Rules, part 7404.0400, 63.28 the department shall provide and maintain photo identification 63.29 equipment without additional cost to a newly appointed agent in 63.30 that office if the office was provided the equipment by the 63.31 department before January 1, 2000. All photo identification 63.32 equipment must be compatible with standards established by the 63.33 department. 63.34 (c) A filing fee retained by the agent employed by a county 63.35 board must be paid into the county treasury and credited to the 63.36 general revenue fund of the county. An agent who is not an 64.1 employee of the county shall retain the filing fee in lieu of 64.2 county employment or salary and is considered an independent 64.3 contractor for pension purposes, coverage under the Minnesota 64.4 state retirement system, or membership in the public employees 64.5 retirement association. 64.6 (d) Before the end of the first working day following the 64.7 final day of the reporting period established by the department, 64.8 the agent must forward to the department all applications and 64.9 fees collected during the reporting period except as provided in 64.10 paragraph (c). 64.11 Sec. 45. Minnesota Statutes 2002, section 171.20, 64.12 subdivision 4, is amended to read: 64.13 Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is 64.14 reinstated, (1) a person whose driver's license has been 64.15 suspended under section 171.16, subdivision 2; 171.18, except 64.16 subdivision 1, clause (10); or 171.182, or who has been 64.17 disqualified from holding a commercial driver's license under 64.18 section 171.165, and (2) a person whose driver's license has 64.19 been suspended under section 171.186 and who is not exempt from 64.20 such a fee, must pay a fee of $20. 64.21 (b) Before the license is reinstated, a person whose 64.22 license has been suspended or revoked under sections 169.791 to 64.23 169.798 must pay a $20 reinstatement fee. 64.24 (c) When fees are collected by a licensing agent appointed 64.25 under section 171.061, a handling charge is imposed in the 64.26 amount specified under section 171.061, subdivision 4. The 64.27 reinstatement fee and surcharge must be deposited in an approved 64.28 state depository as directed under section 171.061, subdivision 64.29 4. 64.30 (d) A suspension may be rescinded without fee for good 64.31 cause. 64.32 Sec. 46. Minnesota Statutes 2002, section 171.29, 64.33 subdivision 2, is amended to read: 64.34 Subd. 2. [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.] 64.35 (a) A person whose driver's license has been revoked as provided 64.36 in subdivision 1, except under section 169A.52, 169A.54, or 65.1 609.21, shall pay a $30 fee before the driver's license is 65.2 reinstated. 65.3 (b) A person whose driver's license has been revoked as 65.4 provided in subdivision 1 under section 169A.52, 169A.54, or 65.5 609.21, shall pay a$250$300 fee plus a $40 surcharge before 65.6 the driver's license is reinstated. Beginning July 1, 2002, the 65.7 surcharge is $145. Beginning July 1, 2003, the surcharge is 65.8 $380. The$250$300 fee is to be credited as follows: 65.9 (1)TwentySeventeen percent must be credited to the trunk 65.10 highway fund. 65.11 (2)Sixty-sevenFifty-six percent must be credited to the 65.12 general fund. 65.13 (3) Eight percent must be credited to a separate account to 65.14 be known as the bureau of criminal apprehension account. Money 65.15 in this account may be appropriated to the commissioner of 65.16 public safety and the appropriated amount must be apportioned 80 65.17 percent for laboratory costs and 20 percent for carrying out the 65.18 provisions of section 299C.065. 65.19 (4)FiveFourteen percent must be credited to a separate 65.20 account to be known as the traumatic brain injury and spinal 65.21 cord injury account. The money in the account is annually 65.22 appropriated to the commissioner of health to be used as 65.23 follows:3586 percent fora contractcontracts witha65.24 qualified community-basedorganizationorganizations to provide 65.25 information, resources, and support to assist persons with 65.26 traumatic brain injury and their families to access services, 65.27 and6514 percent to maintain the traumatic brain injury and 65.28 spinal cord injury registry created in section 144.662. For the 65.29 purposes of this clause, a "qualified community-based 65.30 organization" is a private, not-for-profit organization of 65.31 consumers of traumatic brain injury services and their family 65.32 members. The organization must be registered with the United 65.33 States Internal Revenue Service under section 501(c)(3) as a 65.34 tax-exempt organization and must have as its purposes: 65.35 (i) the promotion of public, family, survivor, and 65.36 professional awareness of the incidence and consequences of 66.1 traumatic brain injury; 66.2 (ii) the provision of a network of support for persons with 66.3 traumatic brain injury, their families, and friends; 66.4 (iii) the development and support of programs and services 66.5 to prevent traumatic brain injury; 66.6 (iv) the establishment of education programs for persons 66.7 with traumatic brain injury; and 66.8 (v) the empowerment of persons with traumatic brain injury 66.9 through participation in its governance. 66.10 No patient's name, identifying information, or identifiable 66.11 medical data will be disclosed to the organization without the 66.12 informed voluntary written consent of the patient or patient's 66.13 guardian or, if the patient is a minor, of the parent or 66.14 guardian of the patient. 66.15 (5) Five percent must be credited to a vehicle forfeiture 66.16 account, which is created in the special revenue fund. Funds in 66.17 this account are annually appropriated to the commissioner of 66.18 public safety to be used for costs of handling vehicle 66.19 forfeitures. 66.20 (c) The surcharge must be credited to a separate account to 66.21 be known as the remote electronic alcohol-monitoring program 66.22 account. The commissioner shall transfer the balance of this 66.23 account to the commissioner of finance on a monthly basis for 66.24 deposit in the general fund. 66.25 (d) When these fees are collected by a licensing agent, 66.26 appointed under section 171.061, a handling charge is imposed in 66.27 the amount specified under section 171.061, subdivision 4. The 66.28 reinstatement fees and surcharge must be deposited in an 66.29 approved state depository as directed under section 171.061, 66.30 subdivision 4. 66.31 Sec. 47. Minnesota Statutes 2002, section 174.02, is 66.32 amended by adding a subdivision to read: 66.33 Subd. 8. [TRUNK HIGHWAY CORRIDOR PROTECTION ACCOUNT 66.34 LOANS.] The commissioner may make loans from the trunk highway 66.35 corridor protection revolving loan account created in section 66.36 161.087 and may enter into agreements for the repayments of the 67.1 loans. 67.2 Sec. 48. Minnesota Statutes 2002, section 174.03, is 67.3 amended by adding a subdivision to read: 67.4 Subd. 9. [FORECAST OF REVENUES AND EXPENDITURES.] In 67.5 cooperation with the department of finance and as required by 67.6 section 16A.103, the commissioner shall prepare in February and 67.7 November of each year a forecast of highway user tax 67.8 distribution fund and trunk highway fund revenues and 67.9 expenditures. The forecast must include an analysis of economic 67.10 information and the potential impact on highway user fund 67.11 revenues, historical growth rate information, and other 67.12 variables affecting revenue assumptions and forecasted future 67.13 growth rates. The forecast must include an analysis of trunk 67.14 highway bonding and the necessary debt service payments, and 67.15 assumptions regarding federal transportation funds. The 67.16 commissioner shall review the forecast information with the 67.17 chairs of the senate and house of representatives committees 67.18 with jurisdiction over finance, way and means, and 67.19 transportation finance and with legislative fiscal staff no 67.20 later than two weeks before the forecast is released and shall 67.21 inform the chairs and staff of changes made from previous 67.22 forecasts. 67.23 Sec. 49. [174.11] [SAFE ROUTES TO SCHOOL PROGRAM.] 67.24 Subdivision 1. [DEFINITION.] For purposes of this section, 67.25 a "safe routes to school program" is a program developed and 67.26 implemented by a school district that uses highway improvements, 67.27 student and public education, highway safety measures, or 67.28 traffic control measures and devices, or any combination 67.29 thereof, to enhance the safety of students walking or bicycling 67.30 to school. 67.31 Subd. 2. [GRANT PROGRAM; USE OF FEDERAL ENHANCEMENT 67.32 FUNDS.] The commissioner of transportation shall expend not less 67.33 than two percent of funds made available to the commissioner 67.34 each fiscal year after 2007 from the Federal Highway 67.35 Administration and designated for transportation enhancements as 67.36 a grant to the Minnesota safety council to be spent as grants to 68.1 school districts for safe routes to school programs. A school 68.2 district that receives a grant under this section shall provide 68.3 the 20 percent local match required by the Federal Highway 68.4 Administration for an award of transportation enhancement funds. 68.5 Subd. 3. [CONDITIONS OF GRANT.] The commissioner shall 68.6 require as a condition of the grant each year that: 68.7 (1) the Minnesota safety council spend at least 95 percent 68.8 of the money it receives under this section each year as grants 68.9 to school districts; 68.10 (2) the council award grants only under a competitive 68.11 process open to all school districts in the state; 68.12 (3) the council award grants on the basis of (i) severity 68.13 of the safety problems being addressed, (ii) number of students 68.14 affected, (iii) extent of involvement of students, parents, 68.15 teachers, local transportation authorities, law enforcement 68.16 agencies, and school officials in the development of the 68.17 program, (iv) effectiveness of the program in addressing safety 68.18 problems, and (v) effectiveness of the program in increasing 68.19 walking and bicycling to school; and 68.20 (4) the council report to the commissioner on an annual 68.21 basis concerning the use and effectiveness of the safe routes to 68.22 school grants. 68.23 Sec. 50. Minnesota Statutes 2002, section 174.24, 68.24 subdivision 1, is amended to read: 68.25 Subdivision 1. [ESTABLISHMENT; PURPOSE.] A public transit 68.26 participation program is established to carry out the objectives 68.27 stated in section 174.21 by providing financial assistance from 68.28 the state, including the greater Minnesota transit fund 68.29 established in section 16A.88, to eligible recipients outside of 68.30 the metropolitan area. 68.31 Sec. 51. Minnesota Statutes 2002, section 174.24, 68.32 subdivision 3b, is amended to read: 68.33 Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner 68.34 shall determine the total operating cost of any public transit 68.35 system receiving or applying for assistance in accordance with 68.36 generally accepted accounting principles. To be eligible for 69.1 financial assistance, an applicant or recipient shall provide to 69.2 the commissioner all financial records and other information and 69.3 shall permit any inspection reasonably necessary to determine 69.4 total operating cost and correspondingly the amount of 69.5 assistancewhichthat may be paid to the applicant or recipient. 69.6 Where more than one county or municipality contributes 69.7 assistance to the operation of a public transit system, the 69.8 commissioner shall identify one as lead agency for the purpose 69.9 of receiving money under this section. 69.10 (b) Prior to distributing operating assistance to eligible 69.11 recipients for any contract period, the commissioner shall place 69.12 all recipients into one of the following classifications: 69.13 urbanized area service, small urban area service, rural area 69.14 service, and elderly and handicapped service. The commissioner 69.15 shall distribute funds under this section so that the percentage 69.16 of total operating cost paid by any recipient from local sources 69.17 will not exceed the percentage for that recipient's 69.18 classification, except as provided in an undue hardship case. 69.19 The percentages must be: for urbanized area service and small 69.20 urban area service,4020 percent; for rural area service,3515 69.21 percent; and for elderly and handicapped service,3515 percent. 69.22 The remainder of the total operating cost will be paid from 69.23 state funds less any assistance received by the recipient from 69.24 any federal source. For purposes of this subdivision "local 69.25 sources" meanspayments under section 174.242 plusall local 69.26 sources of funds and includes all operating revenue, tax levies, 69.27 and contributions from public funds, except that the 69.28 commissioner may exclude from the total assistance contract 69.29 revenues derived from operations the cost of which is excluded 69.30 from the computation of total operating cost. Total operating 69.31 costs of the Duluth transit authority or a successor agency 69.32shalldoes not include costs related to the Superior, Wisconsin 69.33 service contract and the independent school district No. 709 69.34 service contract. For calendar years 2004 and 2005, to enable 69.35 public transit systems to meet the provisions of this section, 69.36 the commissioner may adjust payments of financial assistance to 70.1 recipients that were under a contract with the department on 70.2 January 1, 2003. 70.3 (c) If a recipient informs the commissioner in writing 70.4 after the establishment of these percentages but prior to the 70.5 distribution of financial assistance for any year that paying 70.6 its designated percentage of total operating cost from local 70.7 sources will cause undue hardship, the commissioner may reduce 70.8 the percentage to be paid from local sources by the recipient 70.9 and increase the percentage to be paid from local sources by one 70.10 or more other recipients inside or outside the classification,70.11provided that no recipient shall have its. However, the 70.12 commissioner may not reduce or increase any recipient's 70.13 percentagethus reduced or increasedunder this paragraph for 70.14 more than two years successively. If for any year the funds 70.15 appropriated to the commissioner to carry out the purposes of 70.16 this section are insufficient to allow the commissioner to pay 70.17 the state share of total operating cost as provided in this 70.18 paragraph, the commissioner shall reduce the state share in each 70.19 classification to the extent necessary. 70.20 Sec. 52. Minnesota Statutes 2002, section 299A.465, 70.21 subdivision 4, is amended to read: 70.22 Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public 70.23 employer subject to this section may annually apply by August 1 70.24 for the preceding fiscal year to the commissioner of public 70.25 safety for reimbursement to help defray a portion of its costs 70.26 of complying with this section. The commissioner shall provide 70.27reimbursementan equal pro rata share to the public employer out 70.28 of the public safety officer's benefit account based on the 70.29 availability of funds for each eligible officer, firefighter, 70.30 and qualifying dependents. Individual shares must not exceed 70.31 the actual costs of providing coverage under this section by a 70.32 public employer. 70.33 [EFFECTIVE DATE.] This section is effective the day 70.34 following final enactment. 70.35 Sec. 53. [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES; 70.36 GENERAL.] 71.1 Subdivision 1. [DEFINITIONS.] (a) For purposes of sections 71.2 299A.80 to 299A.803, the terms defined in this subdivision have 71.3 the meanings given them. 71.4 (b) "Administrative agent" means a person or entity 71.5 licensed by or granted authority by the commissioner of public 71.6 safety under: 71.7 (1) section 168.33 as a deputy registrar; 71.8 (2) section 168C.11 as a deputy registrar of bicycles; or 71.9 (3) section 171.061 as a driver's license agent. 71.10 (c) "Other authority" means licenses, orders, stipulation 71.11 agreements, settlements, or compliance agreements adopted or 71.12 issued by the commissioner of public safety. 71.13 (d) "Commissioner" means the commissioner of public safety. 71.14 (e) "License" means a license, permit, registration, 71.15 appointment, or certificate issued or granted to an 71.16 administrative agent by the commissioner of public safety. 71.17 Subd. 2. [APPLICABILITY.] Sections 299A.80 to 299A.803 71.18 apply to administrative agents licensed by or subject to other 71.19 authority of the commissioner. 71.20 Subd. 3. [CUMULATIVE REMEDY.] The authority of the 71.21 commissioner to issue a corrective order or assess an 71.22 administrative penalty under sections 299A.80 to 299A.803 is in 71.23 addition to other remedies available under statutory or common 71.24 law, except that the state may not seek a civil penalty under 71.25 any other law for a violation covered by an administrative 71.26 penalty order. The payment of a penalty does not preclude the 71.27 use of other enforcement provisions, under which civil fines are 71.28 not assessed, in connection with the violation for which the 71.29 penalty was assessed. 71.30 Subd. 4. [ACCESS TO INFORMATION AND PROPERTY.] The 71.31 commissioner, an employee, or an agent authorized by the 71.32 commissioner, upon presentation of credentials, may: 71.33 (1) examine and copy any books, papers, records, memoranda, 71.34 or data of an administrative agent; and 71.35 (2) enter upon any property where an administrative agent 71.36 conducts its place of business to take actions authorized under 72.1 statute, rule, or other authority, including (i) obtaining 72.2 information from an administrative agent who has a duty to 72.3 provide information under statute, rule, or other authority, (ii) 72.4 taking steps to remedy violations, or (iii) conducting surveys 72.5 or investigations. 72.6 Subd. 5. [FALSE INFORMATION.] (a) An administrative agent 72.7 may not: 72.8 (1) make a false material statement, representation, or 72.9 certification in a required document; 72.10 (2) omit material information from a required document; or 72.11 (3) alter, conceal, or fail to file or maintain a required 72.12 document. 72.13 (b) In this section, "required document" means a notice, 72.14 application, record, report, plan, or other document required 72.15 under statute, rule, or other authority. 72.16 Subd. 6. [ENFORCEMENT.] (a) The attorney general may 72.17 proceed on behalf of the state to enforce administrative 72.18 penalties that are due and payable under section 299A.802 in any 72.19 manner provided by law for the collection of debts. 72.20 (b) The attorney general may petition the district court to 72.21 file a final administrative penalty order as an order of the 72.22 court. At any court hearing to enforce a final administrative 72.23 penalty order, the only issues the parties may contest are 72.24 procedural and notice issues. Once entered, the administrative 72.25 penalty order may be enforced in the same manner as a final 72.26 judgment of the district court. This paragraph does not 72.27 preclude district court review of the merits of an 72.28 administrative penalty order if the order is appealed by the 72.29 administrative agent under section 299A.802, subdivision 5. 72.30 (c) If an administrative agent fails to pay an 72.31 administrative penalty, the attorney general may bring a civil 72.32 action in district court seeking payment of the penalty, 72.33 injunctive relief, or other appropriate relief including 72.34 monetary damages, attorney fees, costs, and interest. 72.35 Subd. 7. [RECOVERY OF REASONABLE COSTS AND ATTORNEY 72.36 FEES.] (a) In any judicial action brought by the attorney 73.1 general for civil penalties, injunctive relief, or an action to 73.2 compel performance pursuant to this section, if the state 73.3 finally prevails, and if the proven violation was willful, the 73.4 state, in addition to other penalties provided by law, may be 73.5 allowed an amount determined by the court to be the reasonable 73.6 value of all or part of the costs and attorney fees incurred by 73.7 the state or the prevailing party. In determining the amount of 73.8 the reasonable costs and attorney fees to be allowed, the court 73.9 must give consideration to the economic circumstances of the 73.10 defendant. 73.11 (b) However, if a defendant prevails, the court may award 73.12 the reasonable value of all or part of the reasonable costs and 73.13 attorney fees incurred by the defendant. 73.14 Subd. 8. [EDUCATION AND COMPLIANCE ACCOUNT; MONEY 73.15 ALLOCATED.] An education and compliance account is created for 73.16 the deposit of administrative penalty order receipts. Of the 73.17 funds deposited in this account, the commissioner is authorized 73.18 to expend up to $5,000 per fiscal year for education and 73.19 compliance activities related to the regulated parties affected 73.20 by this chapter. At the end of each biennium, all money not 73.21 expended lapses to the general fund. 73.22 Subd. 9. [PLAN FOR USING ADMINISTRATIVE PENALTIES AND 73.23 CEASE AND DESIST AUTHORITY.] The commissioner shall prepare a 73.24 plan for using the administrative penalty order and cease and 73.25 desist authority in this section. The commissioner shall 73.26 provide a 30-day period for public comment on the plan. The 73.27 plan must be finalized by July 1, 2004, and may be modified as 73.28 necessary upon subsequent notice and opportunity for comment. 73.29 Sec. 54. [299A.801] [CORRECTIVE ORDERS AND INJUNCTIONS.] 73.30 Subdivision 1. [CORRECTIVE ORDERS.] (a) Before seeking an 73.31 administrative penalty order under section 299A.802, the 73.32 commissioner must issue a corrective order that requires the 73.33 administrative agent to correct the violation of statute, rule, 73.34 or other authority. The corrective order must state the 73.35 deficiencies that constitute the violation of the specific 73.36 statute, rule, or other authority, and the time by which the 74.1 violation must be corrected. In addition to service by 74.2 certified mail on the administrative agent, a copy of the 74.3 corrective order must be given to the county auditor in the 74.4 county where the administrative agent is located. 74.5 (b) The administrative agent to whom the corrective order 74.6 was issued shall provide information to the commissioner, by the 74.7 due date stated in the corrective order, demonstrating that the 74.8 violation has been corrected or that the administrative agent 74.9 has developed a corrective plan acceptable to the commissioner. 74.10 The commissioner must determine whether the violation has been 74.11 corrected and notify the administrative agent subject to the 74.12 order of the commissioner's determination. 74.13 (c) If the administrative agent believes that the 74.14 information contained in the commissioner's corrective order is 74.15 in error, the administrative agent may ask the commissioner to 74.16 reconsider the parts of the corrective order that are alleged to 74.17 be in error. The request must: 74.18 (1) be in writing; 74.19 (2) be delivered to the commissioner by certified mail 74.20 within seven calendar days after receipt of the corrective 74.21 order; 74.22 (3) specify which parts of the corrective order are alleged 74.23 to be in error and explain why they are in error; and 74.24 (4) provide documentation to support the allegation of 74.25 error. 74.26 (d) The commissioner shall respond to requests made under 74.27 paragraph (c) within 15 calendar days after receiving a 74.28 request. A request for reconsideration does not stay the 74.29 corrective order; however, after reviewing the request for 74.30 reconsideration, the commissioner may provide additional time to 74.31 comply with the order if necessary. The commissioner's 74.32 disposition of a request for reconsideration of a corrective 74.33 order is final. 74.34 Subd. 2. [CEASE AND DESIST ORDER.] The commissioner, or an 74.35 employee of the department designated by the commissioner, may 74.36 issue an order to cease an activity otherwise authorized by 75.1 statute, rule, or other authority if continuation of the 75.2 activity would result in an immediate risk to public safety. A 75.3 cease and desist order issued under this subdivision is 75.4 effective for a maximum of 72 hours. In conjunction with 75.5 issuing the cease and desist order, the commissioner may post a 75.6 sign to cease an activity until the cease and desist order is 75.7 lifted and the sign is removed by the commissioner. To restrain 75.8 activities for a period beyond 72 hours, the commissioner must 75.9 seek an injunction or take other administrative action 75.10 authorized by law. The issuance of a cease and desist order 75.11 does not preclude the commissioner from pursuing any other 75.12 enforcement action available to the commissioner. 75.13 Subd. 3. [ACTION FOR INJUNCTIVE RELIEF.] In addition to 75.14 any other remedy provided by law, the commissioner may bring an 75.15 action for injunctive relief in the district court in Ramsey 75.16 county or, at the commissioner's discretion, in the district 75.17 court in the county in which a violation of a statute, rule, or 75.18 other authority has occurred to enjoin the violation. 75.19 Sec. 55. [299A.802] [ADMINISTRATIVE PENALTY ORDERS.] 75.20 Subdivision 1. [GENERAL.] The commissioner may issue an 75.21 administrative penalty order for a violation of statute, rule, 75.22 or other authority if an administrative agent has failed to 75.23 comply with a corrective order issued under section 299A.801 75.24 related to that violation. The maximum amount of an 75.25 administrative penalty order is $10,000 for each administrative 75.26 agent for all violations identified in an inspection or review 75.27 of compliance. In addition to service by certified mail on the 75.28 administrative agent, a copy of the administrative penalty order 75.29 must be given to the county auditor in the county where the 75.30 administrative agent is located. 75.31 Subd. 2. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 75.32 determining the amount of a penalty to be assessed under this 75.33 section, the commissioner may consider: 75.34 (1) the willfulness of the violation; 75.35 (2) the gravity of the violation, including damage to 75.36 consumers or the state; 76.1 (3) the history of past violations; 76.2 (4) the number of violations; 76.3 (5) the economic benefit gained by the administrative agent 76.4 by allowing or committing the violation; and 76.5 (6) other factors as justice may require, if the 76.6 commissioner specifically identifies the additional factors in 76.7 the commissioner's order. 76.8 (b) If an administrative agent violates a corrective order 76.9 after a violation of a previous corrective order, the 76.10 commissioner, in determining the amount of a penalty, must 76.11 consider the factors in paragraph (a) and the following factors: 76.12 (1) similarity of the most recent previous violation of a 76.13 corrective order and the violation to be penalized; 76.14 (2) time elapsed since the last violation of a corrective 76.15 order; 76.16 (3) number of previous violations; and 76.17 (4) response of the administrative agent to the most recent 76.18 previous violation identified. 76.19 Subd. 3. [CONTENTS OF ORDER.] An administrative penalty 76.20 order under this section must include: 76.21 (1) a concise statement of the facts alleged to constitute 76.22 a violation; 76.23 (2) a reference to the portion of the statute, rule, 76.24 variance, order, or stipulation agreement or the term or 76.25 condition of a permit that has been violated; 76.26 (3) a description of the violation of the corrective order 76.27 that forms the basis for issuance of the administrative penalty 76.28 order; 76.29 (4) a statement of the amount of the administrative penalty 76.30 to be imposed and the factors upon which the penalty is based; 76.31 and 76.32 (5) a statement of the administrative agent's right to 76.33 review and appeal of the administrative penalty order. 76.34 Subd. 4. [DUE DATE.] (a) Unless the administrative agent 76.35 requests review of the administrative penalty order under 76.36 subdivision 5 before the penalty is due, the penalty in the 77.1 order is due and payable on the 31st day after the 77.2 administrative penalty order was received, if the administrative 77.3 agent subject to the order fails to provide information to the 77.4 commissioner showing that the violation has been corrected or 77.5 that appropriate steps have been taken toward correcting the 77.6 violation. These requirements may be waived or extended by the 77.7 commissioner. 77.8 (b) Interest at the rate established in section 549.09 77.9 begins to accrue on penalties under this subdivision on the 31st 77.10 day after the order with the penalty was received, unless waived 77.11 by the commissioner. 77.12 Subd. 5. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 77.13 days after receiving an administrative penalty order, the 77.14 administrative agent subject to an order under this section may 77.15 request an expedited hearing, using the procedures of Minnesota 77.16 Rules, parts 1400.8510 to 1400.8612, or their successor rules, 77.17 to review the commissioner's action. The hearing request must 77.18 specifically state the reasons for seeking review of the 77.19 administrative penalty order. The administrative agent to whom 77.20 the administrative penalty order is directed and the 77.21 commissioner are the parties to the expedited hearing. At least 77.22 15 days before the hearing, the commissioner shall notify the 77.23 administrative agent to whom the administrative penalty order is 77.24 directed of the time and place of the hearing. The expedited 77.25 hearing must be held within 30 days after a request for hearing 77.26 has been filed with the commissioner unless the parties agree to 77.27 a later date. 77.28 (b) All written arguments must be submitted within ten days 77.29 following the close of the hearing. The hearing must be 77.30 conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 77.31 or their successor rules, as modified by this subdivision. The 77.32 office of administrative hearings, in consultation with the 77.33 agency, may adopt rules specifically applicable to cases under 77.34 this section. 77.35 (c) Within 30 days following the close of the record, the 77.36 administrative law judge shall issue a report making 78.1 recommendations about the commissioner's action to the 78.2 commissioner. The administrative law judge may not recommend a 78.3 change in the amount of the proposed administrative penalty 78.4 unless the administrative law judge determines that, based on 78.5 the factors in subdivision 1, the amount of the administrative 78.6 penalty is unreasonable. 78.7 (d) If the administrative law judge makes a finding that 78.8 the hearing was requested solely for purposes of delay or that 78.9 the hearing request was frivolous, the commissioner may add to 78.10 the amount of the administrative penalty the costs charged to 78.11 the agency by the office of administrative hearings for the 78.12 hearing. 78.13 (e) If a hearing has been held, the commissioner may not 78.14 issue a final order until at least five days after receipt of 78.15 the report of the administrative law judge. Within those five 78.16 days, the administrative agent to whom an administrative penalty 78.17 order is issued may comment to the commissioner on the 78.18 recommendations and the commissioner shall consider the 78.19 comments. The final administrative penalty order may be 78.20 appealed to the district court for a de novo review of the order. 78.21 (f) If a hearing has been held and a final administrative 78.22 penalty order issued by the commissioner, the administrative 78.23 penalty must be paid by 30 days after the date the final order 78.24 is received unless it is appealed to the district court. If an 78.25 appeal is not taken or the administrative penalty order is 78.26 upheld on appeal, the amount due is the administrative penalty, 78.27 together with interest accruing from 31 days after the original 78.28 order was received, at the rate established in section 549.09. 78.29 Subd. 6. [MEDIATION.] In addition to review under 78.30 subdivision 5, the commissioner may enter into mediation 78.31 concerning an order issued under this section if the 78.32 commissioner and the administrative agent to whom the order is 78.33 issued both agree to mediation. 78.34 Sec. 56. Minnesota Statutes 2002, section 299D.03, 78.35 subdivision 5, is amended to read: 78.36 Subd. 5. [FINES AND FORFEITED BAIL MONEY.] (a) Except for 79.1 the surcharge assessed under section 169.89, subdivision 4a, all 79.2 fines and forfeited bail money, from traffic and motor vehicle 79.3 law violations, collected from persons apprehended or arrested 79.4 by officers of the state patrol, shall be paid by the person or 79.5 officer collecting the fines, forfeited bail money or 79.6 installments thereof, on or before the tenth day after the last 79.7 day of the month in which these moneys were collected, to the 79.8 county treasurer of the county where the violation occurred. 79.9 Three-eighths of these receipts shall be credited to the general 79.10 revenue fund of the county, except that in a county in a 79.11 judicial district under section 480.181, subdivision 1, 79.12 paragraph (b), this three-eighths share must be transmitted to 79.13 the state treasurer for deposit in the state treasury and 79.14 credited to the general fund. The other five-eighths of these 79.15 receipts shall be transmitted by that officer to the state 79.16 treasurer and must be credited to the trunk highway fund. If, 79.17 however, the violation occurs within a municipality and the city 79.18 attorney prosecutes the offense, and a plea of not guilty is 79.19 entered, one-third of the receipts shall be credited to the 79.20 general revenue fund of the county, one-third of the receipts 79.21 shall be paid to the municipality prosecuting the offense, and 79.22 one-third shall be transmitted to the state treasurer as 79.23 provided in this subdivision. All costs of participation in a 79.24 nationwide police communication system chargeable to the state 79.25 of Minnesota shall be paid from appropriations for that purpose. 79.26 (b) Notwithstanding any other provisions of law, all fines 79.27 and forfeited bail money from violations of statutes governing 79.28 the maximum weight of motor vehicles, collected from persons 79.29 apprehended or arrested by employees of the state of Minnesota, 79.30 by means of stationary or portable scales operated by these 79.31 employees, shall be paid by the person or officer collecting the 79.32 fines or forfeited bail money, on or before the tenth day after 79.33 the last day of the month in which the collections were made, to 79.34 the county treasurer of the county where the violation 79.35 occurred. Five-eighths of these receipts shall be transmitted 79.36 by that officer to the state treasurer and shall be credited to 80.1 the highway user tax distribution fund. Three-eighths of these 80.2 receipts shall be credited to the general revenue fund of the 80.3 county, except that in a county in a judicial district under 80.4 section 480.181, subdivision 1, paragraph (b), this 80.5 three-eighths share must be transmitted to the state treasurer 80.6 for deposit in the state treasury and credited to the general 80.7 fund. 80.8 (c) Money collected by virtue of the surcharge assessed 80.9 under section 169.89, subdivision 4a, shall be paid by the 80.10 person collecting the surcharge to the state treasurer, who 80.11 shall credit it to the trooper training account created in 80.12 subdivision 6a. 80.13 Sec. 57. Minnesota Statutes 2002, section 299D.03, 80.14 subdivision 6, is amended to read: 80.15 Subd. 6. [TRAINING PROGRAM.] The commissioner of public 80.16 safety may provide training programs for the purpose of 80.17 obtaining qualified personnel for the state patrol. Persons 80.18 accepted by the commissioner of public safety for training under 80.19 this training program shall be designated state patrol trainees 80.20 and shall receive a salary not to exceed 70 percent of the basic 80.21 salary for patrol officers as prescribed in subdivision 2, 80.22 during the period of the training. Nothing contained in this 80.23 subdivision shall be construed to prevent the commissioner of 80.24 public safety from providing in-service training programs for 80.25 state patrol officers. The commissioner of transportation shall 80.26 furnish the commissioner of public safety with lands and 80.27 buildings necessary in providing in-service training programs 80.28 and the department of public safety shall reimburse the 80.29 department of transportation for all reasonable costs incurred 80.30 due to the provision of these training facilities. All costs 80.31 related to in-service training programs for existing state 80.32 patrol troopers shall first be paid by the commissioner of 80.33 public safety from money in the trooper training account created 80.34 in subdivision 6a to the extent that funds are available in the 80.35 account. 80.36 Sec. 58. Minnesota Statutes 2002, section 299D.03, is 81.1 amended by adding a subdivision to read: 81.2 Subd. 6a. [TROOPER TRAINING ACCOUNT; APPROPRIATION.] (a) A 81.3 trooper training account is created in the special revenue 81.4 fund. The account receives surcharges credited under 81.5 subdivision 5 and other money as specified by law. 81.6 (b) All funds in the account are annually appropriated to 81.7 the commissioner of public safety to be used for in-service 81.8 training programs for existing state patrol troopers. 81.9 (c) As part of the department's biennial budget, the 81.10 commissioner shall provide information on revenues deposited in 81.11 the account, past and proposed uses of the account, and the 81.12 available account balance. 81.13 Sec. 59. Minnesota Statutes 2002, section 299E.01, is 81.14 amended by adding a subdivision to read: 81.15 Subd. 6. [VEHICLE TOWING.] Towing policy and practice for 81.16 vehicles in public parking spaces within the capitol complex 81.17 must conform to provisions of section 169.041. 81.18 Sec. 60. Minnesota Statutes 2002, section 360.305, 81.19 subdivision 4, is amended to read: 81.20 Subd. 4. [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR 81.21 CONSTRUCTION ACCOUNT.] (a) Except as otherwise provided in this 81.22 subdivision, the commissioner of transportation shall require as 81.23 a condition of assistance by the state that the political 81.24 subdivision, municipality, or public corporation make a 81.25 substantial contribution to the cost of the construction, 81.26 improvement, maintenance, or operation of the airport, in 81.27 connection with which the assistance of the state is sought. 81.28 These costs are referred to as project costs. 81.29 (b) For any airport, whether key, intermediate or landing 81.30 strip, where only state and local funds are to be used, the 81.31 contribution shall be not less thanone-fifthten percent of the 81.32 sum of: 81.33 (1) the project costs; 81.34 (2) acquisition costs of the land and clear zones, which 81.35 are referred to as acquisition costs. 81.36 (c) For any airport where federal, state and local funds 82.1 are to be used, the contribution shall not be less than 82.2one-tenthfive percent of the sum of the project costs and 82.3 acquisition costs. 82.4 (d) The commissioner may pay the total cost of radio and 82.5 navigational aids. 82.6 (e) Notwithstanding paragraph (b) or (c), the commissioner 82.7 may pay all of the project costs of a new landing strip, but not 82.8 an intermediate airport or key airport, or may pay an amount 82.9 equal to the federal funds granted and used for a new landing 82.10 strip plus all of the remaining project costs; but the total 82.11 amount paid by the commissioner for the project costs of a new 82.12 landing strip, unless specifically authorized by an act 82.13 appropriating funds for the new landing strip, shall not exceed 82.14 $200,000. 82.15 (f) Notwithstanding paragraph (b) or (c), the commissioner 82.16 may pay all the project costs for research and development 82.17 projects, including, but not limited to noise abatement; 82.18 provided that in no event shall the sums expended under this 82.19 paragraph exceed five percent of the amount appropriated for 82.20 construction grants. 82.21 (g) To receive aid under this section for project costs or 82.22 for acquisition costs, the municipality must enter into an 82.23 agreement with the commissioner giving assurance that the 82.24 airport will be operated and maintained in a safe, serviceable 82.25 manner for aeronautical purposes only for the use and benefit of 82.26 the public: 82.27 (1) for 20 years after the date that any state funds for 82.28 project costs are received by the municipality; and 82.29 (2) for 99 years after the date that any state funds for 82.30 acquisition costs are received by the municipality. 82.31 The agreement may contain other conditions as the commissioner 82.32 deems reasonable. 82.33 (h) The commissioner shall establish a hangar construction 82.34 revolving account which shall be used for the purpose of 82.35 financing the construction of hangar buildings to be constructed 82.36 by municipalities owning airports. All municipalities owning 83.1 airports are authorized to enter into contracts for the 83.2 construction of hangars, and contracts with the commissioner for 83.3 the financing of hangar construction for an amount and period of 83.4 time as may be determined by the commissioner and municipality. 83.5 All receipts from the financing contracts shall be deposited in 83.6 the hangar construction revolving account and are reappropriated 83.7 for the purpose of financing construction of hangar buildings. 83.8 The commissioner may pay from the hangar construction revolving 83.9 account 80 percent of the cost of financing construction of 83.10 hangar buildings. For purposes of this clause, the construction 83.11 of hangars shall include their design. The commissioner shall 83.12 transfer up to$4,400,000$5,400,000 from the state airports 83.13 fund to the hangar construction revolving account. 83.14 (i) The commissioner may pay a portion of the purchase 83.15 price of any airport maintenance and safety equipment and of the 83.16 actual airport snow removal costs incurred by any municipality. 83.17 The portion to be paid by the state shall not exceed two-thirds 83.18 of the cost of the purchase price or snow removal. To receive 83.19 aid a municipality must enter into an agreement of the type 83.20 referred to in paragraph (g). 83.21 (j) This subdivision shall apply only to project costs or 83.22 acquisition costs of municipally owned airports which are 83.23 incurred after June 1, 1971. 83.24 Sec. 61. Laws 1999, chapter 238, article 1, section 2, 83.25 subdivision 2, is amended to read: 83.26 Subd. 2. Aeronautics 19,327,000 19,410,000 83.27 Summary by Fund 83.28 Airports 19,266,000 19,349,000 83.29 General 50,000 50,000 83.30 Trunk Highway 11,000 11,000 83.31 Except as otherwise provided, the 83.32 appropriations in this subdivision are 83.33 from the state airports fund. 83.34 The amounts that may be spent from this 83.35 appropriation for each activity are as 83.36 follows: 83.37 (a) Airport Development and Assistance 83.38 2000 2001 84.1 13,948,000 13,948,000 84.2 $12,846,000 the first year and 84.3 $12,846,000 the second year are for 84.4 navigational aids, construction grants, 84.5 and maintenance grants. If the 84.6 appropriation for either year is 84.7 insufficient, the appropriation for the 84.8 other year is available for it. 84.9 These appropriations must be spent in 84.10 accordance with Minnesota Statutes, 84.11 section 360.305, subdivision 4. 84.12 Notwithstanding Minnesota Statutes, 84.13 section 16A.28, subdivision 6, funds 84.14 are available for five years after 84.15 appropriation. 84.16 (b) Aviation Support 84.17 5,247,000 5,329,000 84.18 $65,000 the first year and $65,000 the 84.19 second year are for the civil air 84.20 patrol. 84.21 (c) Air Transportation Services 84.22 132,000 133,000 84.23 Summary by Fund 84.24 Airports 71,000 72,000 84.25 General 50,000 50,000 84.26 Trunk Highway 11,000 11,000 84.27 Sec. 62. Laws 2000, chapter 433, section 4, is amended to 84.28 read: 84.29 Sec. 4. [EFFECTIVE DATE.] 84.30 Sections 1 to 3 are effective the day following final 84.31 enactmentand are repealed June 1, 2003. 84.32 Sec. 63. Laws 2001, First Special Session chapter 8, 84.33 article 1, section 2, subdivision 2, is amended to read: 84.34 Subd. 2. Aeronautics 20,748,000 20,489,000 84.35 Summary by Fund 84.36 Airports 20,687,000 20,428,000 84.37 General 50,000 50,000 84.38 Trunk Highway 11,000 11,000 84.39 Except as otherwise provided, the 84.40 appropriations in this subdivision are 84.41 from the state airports fund. 84.42 The amounts that may be spent from this 84.43 appropriation for each activity are as 84.44 follows: 85.1 (a) Airport Development and Assistance 85.2 14,298,000 14,298,000 85.3 These appropriations must be spent 85.4 according to Minnesota Statutes, 85.5 section 360.305, subdivision 4. 85.6 If the appropriation for either year is 85.7 insufficient, the appropriation for the 85.8 other year is available for it. 85.9 Notwithstanding Minnesota Statutes, 85.10 section 16A.28, subdivision 6, funds 85.11 are available for five years after 85.12 appropriation. 85.13 (b) Aviation Support 85.14 6,315,000 6,053,000 85.15 $65,000 the first year and $65,000 the 85.16 second year are for the civil air 85.17 patrol. 85.18 $600,000 each year is for GPS 85.19 navigation systems. Of this amount, 85.20 $250,000 each year adds to the agency's 85.21 budget base. 85.22 $400,000 the first year and $50,000 the 85.23 second year are for the development of 85.24 on-line aircraft registration 85.25 capabilities. 85.26 (c) Air Transportation Services 85.27 135,000 138,000 85.28 Summary by Fund 85.29 Airports 74,000 77,000 85.30 General 50,000 50,000 85.31 Trunk Highway 11,000 11,000 85.32 The commissioner shall take all 85.33 feasible actions to seek a waiver from 85.34 the appropriate federal authorities 85.35 that would allow the commissioner to 85.36 sell the airplane described in Laws 85.37 1997, chapter 159, article 1, section 85.38 2, subdivision 2, clause (c). Any 85.39 proceeds from the sale of the airplane 85.40 must be deposited in the general fund. 85.41 Sec. 64. Laws 2002, chapter 374, article 11, section 10, 85.42 subdivision 3, is amended to read: 85.43 Subd. 3. 1998CSAHForest Highway9011 590,000 85.44 Sec. 65. [PAVEMENT STRIPING DURING CONSTRUCTION.] 85.45 The commissioner of transportation shall revise the 85.46 Minnesota Manual on Uniform Traffic Control Devices for streets 85.47 and highways to remove from sections 6F.65 and 6F.66, and any 86.1 other relevant section of that manual, requirements relating to 86.2 maintaining interim pavement striping during highway 86.3 construction. 86.4 Sec. 66. [STUDY; USE OF CENTERLINE RUMBLE STRIPS.] The 86.5 commissioner of transportation shall study the feasibility and 86.6 practicability of: 86.7 (1) including milled-in rumble strips on the centerline of 86.8 the highway in all projects for the construction, 86.9 reconstruction, or resurfacing of two-lane trunk highways; and 86.10 (2) requiring that all projects for the construction, 86.11 reconstruction, or resurfacing of two-lane county state-aid 86.12 highways outside urban districts include milled-in rumble strips 86.13 on the centerline of the highway. 86.14 Sec. 67. [BUS RAPID TRANSIT STUDY.] 86.15 Subdivision 1. [STUDY REQUIRED.] The department of 86.16 transportation and the metropolitan council shall jointly 86.17 conduct a study on the feasibility of implementing a bus rapid 86.18 transit (BRT) system in the marked interstate highway 35W (I-35W) 86.19 corridor from downtown Minneapolis through south Minneapolis and 86.20 the cities of Richfield, Bloomington, Burnsville, and 86.21 Lakeville. Bus rapid transit systems are those systems that 86.22 provide for significantly faster operating bus speeds, 86.23 integrated service, greater service reliability, and increased 86.24 convenience through investments in bus infrastructure, 86.25 equipment, technology, and operational improvements. 86.26 Subd. 2. [BRT STUDY ADVISORY COMMITTEE.] The commissioner 86.27 of transportation shall appoint a joint powers board, that has 86.28 been in existence since January 1, 1990, and whose members 86.29 include all of the cities included in subdivision 1, as a BRT 86.30 study advisory committee to provide advice on the study design, 86.31 methodology, and recommendations. The joint powers board shall 86.32 include within its working committees persons who are employers 86.33 in downtown Minneapolis and along the corridor, current transit 86.34 riders in the corridor, representatives of neighborhoods along 86.35 the corridor, and representatives of transit providers in the 86.36 corridor. 87.1 Subd. 3. [STUDY REQUIREMENTS.] The study must, at a 87.2 minimum, include an analysis of the benefits and costs of 87.3 implementing a bus rapid transit system that includes the 87.4 following: 87.5 (1) frequent operation of buses on exclusive or 87.6 near-exclusive right-of-way on marked interstate highway 35W; 87.7 (2) changes in bus or platform design and fare collection 87.8 that provide for faster and more convenient boarding; 87.9 (3) station locations that are adjacent to, or easily 87.10 accessible from, the exclusive right-of-way; 87.11 (4) traffic management improvements and traffic signal 87.12 preemption on local streets within the I-35W corridor; and 87.13 (5) changes to existing transit services to provide for 87.14 timely connections and transfers. 87.15 Subd. 4. [STUDY RECOMMENDATIONS.] (a) The study must 87.16 recommend: 87.17 (1) options for implementing bus rapid transit in the I-35W 87.18 corridor; 87.19 (2) the associated cost of each option; and 87.20 (3) the anticipated benefits in terms of reduced travel 87.21 times, increased ridership, and impacts on congestion levels 87.22 within the corridor. 87.23 (b) The study must be submitted by December 10, 2004, to 87.24 the house of representatives and senate committees with 87.25 jurisdiction over transportation policy and finance. 87.26 Sec. 68. [PARTICIPATION IN METROPOLITAN AIRPORTS 87.27 COMMISSION TAXICAB ADVISORY COMMITTEE.] 87.28 To the extent the metropolitan airports commission 87.29 maintains a taxicab advisory committee, the commission must 87.30 allow for full public comment and participation of any 87.31 individual, association, or other entity within the taxicab 87.32 industry. The commission may not prohibit participation of any 87.33 representative of a taxicab owner, taxicab company, or 87.34 association that qualifies to be a member of the taxicab 87.35 advisory committee. 87.36 Sec. 69. [TRANSIT CENTER IN BROOKLYN CENTER.] 88.1 The metropolitan council must construct and maintain a 88.2 transit center in Brooklyn Center to service the area. The 88.3 center must include adequate bathroom facilities, must be 88.4 climate controlled, must be off the street, and must have 88.5 on-site supervision. The center must be located north of Bass 88.6 Lake Road, east of Shingle Creek Parkway, and west of marked 88.7 trunk highway 100 and must be completed and operational by June 88.8 1, 2004. 88.9 Sec. 70. [HUBBARD MARKETPLACE TRANSIT STATION PUBLIC 88.10 ACCESS.] 88.11 The metropolitan council is prohibited from reducing the 88.12 level of public access to services and facilities at Hubbard 88.13 Marketplace transit station, in the city of Robbinsdale, as long 88.14 as Hubbard Marketplace continues to be operated as a transit 88.15 station. 88.16 Sec. 71. [ITASCA COUNTY; LAND EXCHANGE.] 88.17 Notwithstanding Minnesota Statutes, section 373.01, 88.18 subdivision 1, Itasca county may exchange a parcel or parcels of 88.19 real property of substantially similar or equal value without 88.20 advertising for bids to acquire real property for maintenance 88.21 facilities directly related to county highways. The estimated 88.22 value of the parcels exchanged must be determined by the Itasca 88.23 county assessor, and the exchange must otherwise comply with 88.24 Minnesota Statutes, section 373.01, and other applicable law. 88.25 [EFFECTIVE DATE.] This section is effective immediately 88.26 without local approval, because it enables a local government 88.27 unit to exercise authority not granted by general law as 88.28 provided in Minnesota Statutes, section 645.023, subdivision 1, 88.29 paragraph (a). 88.30 Sec. 72. [REPORT.] 88.31 The commissioner shall, to the greatest extent possible, 88.32 enter into lease agreements for the use of highway rest areas, 88.33 as described in Minnesota Statutes, section 160.28, subdivision 88.34 3. On or before January 15, 2005, the commissioner shall report 88.35 to the house of representatives and senate committees with 88.36 jurisdiction over transportation policy and finance concerning 89.1 existing lease agreements, revenues collected, projected 89.2 revenues, and the impact of the lease agreements and revenues on 89.3 the highway rest area program. 89.4 Sec. 73. [REPEALER.] 89.5 (a) Minnesota Statutes 2002, sections 16A.88, subdivision 89.6 3; 169.794; 169.799; and 174.242, are repealed. 89.7 (b) Minnesota Rules, parts 7403.1300; 7413.0400; and 89.8 7413.0500, are repealed. 89.9 ARTICLE 4 89.10 DRIVER'S LICENSE PROVISIONS 89.11 Section 1. Minnesota Statutes 2002, section 171.015, is 89.12 amended by adding a subdivision to read: 89.13 Subd. 7. [RULEMAKING LIMITATION.] In exercising rulemaking 89.14 authority, the commissioner may not, in the absence of specific 89.15 legislative direction, include on a driver's license or 89.16 identification card personal information, by coding or 89.17 otherwise, that is not explicitly authorized in law. 89.18 Sec. 2. [171.025] [PROOF OF IDENTITY AND RESIDENCY.] 89.19 Subdivision 1. [IN GENERAL.] (a) At the time of 89.20 application for a driver's license, permit, or identification 89.21 card, the applicant shall present a Minnesota driver's license, 89.22 permit, or Minnesota identification card if one of these has 89.23 been issued to the applicant. 89.24 (b) The Minnesota driver's license, identification card, or 89.25 permit must not have expired more than: 89.26 (1) five years before it is presented if it has a color 89.27 photograph or electronically produced or digitized image of the 89.28 applicant; or 89.29 (2) one year before it is presented if it does not have a 89.30 color photograph or electronically produced or digitized image 89.31 of the applicant. A temporary seven-day driver's license issued 89.32 to a Minnesota-licensed driver only by the state of Minnesota 89.33 under section 169A.52, subdivision 7, paragraph (c), clause (2), 89.34 may be presented if it is not expired more than one year. 89.35 (c) As proof of full name, date of birth, and identity, if 89.36 the applicant cannot present: 90.1 (1) a Minnesota driver's license, identification card, or 90.2 permit that is current or has expired for five years or less 90.3 with a color photograph or electronically produced or digitized 90.4 image; or 90.5 (2) a Minnesota driver's license, identification card, or 90.6 permit that is current or has been expired for one year or less 90.7 without a color photograph or electronically produced or 90.8 digitized image, one of the following documents, or other 90.9 documents as specified by the commissioner in rules, will be 90.10 accepted as proof of name and identity: 90.11 (i) an original or certified copy of the birth certificate 90.12 or adoption certificate of the applicant; 90.13 (ii) an identification card issued to the applicant by the 90.14 United States Armed Services; 90.15 (iii) a Certificate of Naturalization or Citizenship, 90.16 Northern Mariana card, American Indian card, an unexpired 90.17 employment authorization document bearing the applicant's 90.18 photograph, an unexpired Re-entry Permit/Refugee Travel 90.19 Document, or a passport issued to the applicant if it meets the 90.20 full name requirement specified in Minnesota Rules; 90.21 (iv) a certified school record of the applicant; 90.22 (v) a baptismal record of the applicant; or 90.23 (vi) confirmation of the name and identity of an applicant 90.24 under 19 years of age by a parent, spouse, or guardian who must 90.25 accompany the applicant and furnish proof of his or her name and 90.26 identity as provided in clauses (i) to (v) or paragraph (a). 90.27 Subd. 2. [RESIDENCE ADDRESS ON LICENSE, PERMIT, OR 90.28 IDENTIFICATION CARD.] (a) The department shall issue a Minnesota 90.29 driver's license, permit, or identification card only to an 90.30 individual who has a residence address in the state at the time 90.31 of application, by showing a residence number, street name, 90.32 street type, directional if any, statutory or home rule charter 90.33 city or town, state, and zip code. 90.34 (b) The applicant shall indicate on the application form 90.35 for a Minnesota driver's license, identification card, or 90.36 permit, the applicant's residence address in the state. An 91.1 individual may have only one residence address where the 91.2 individual is domiciled at any particular time. The residence 91.3 address of the individual is presumed to continue until the 91.4 contrary is shown. 91.5 Subd. 3. [DOCUMENTS SUFFICIENT TO PROVE RESIDENCY.] To 91.6 demonstrate lawful short-term admission to the United States, 91.7 permanent United States resident status, or United States 91.8 citizenship, an applicant must attest to a Minnesota residence 91.9 address on the application form and present either a document 91.10 specified by the commissioner in rules, or: 91.11 (1) a certified copy of a birth certificate issued by a 91.12 United States government Bureau of Vital Statistics or by a 91.13 board of health of a United States jurisdiction; 91.14 (2) a Certificate of Naturalization issued by the United 91.15 States Department of Justice; 91.16 (3) a document issued by the United States Department of 91.17 Homeland Security, Justice, or State, indicating either lawful 91.18 short-term admission to the United States or permanent United 91.19 States resident status; or 91.20 (4) a Minnesota driving permit, driver's license, or 91.21 identification card that is current or expired for not more than 91.22 five years. 91.23 Subd. 4. [NON-ENGLISH DOCUMENTS; TRANSLATION.] All 91.24 documents submitted to the department in a language other than 91.25 English must be accompanied by a translation of that document 91.26 into the English language. 91.27 Subd. 5. [PROOF OF RESIDENCY REQUIRED AT TIME OF 91.28 APPLICATION.] Proof of residency is required at the time of 91.29 application for an initial permit, driver's license, or 91.30 identification card. The applicant must attest to a residence 91.31 address in Minnesota and demonstrate proof of either lawful 91.32 short-term admission to the United States, permanent United 91.33 States resident status, indefinite authorized presence status, 91.34 or United States citizenship. 91.35 Subd. 6. [PROOF OF RESIDENCY AT RENEWAL.] (a) Proof of 91.36 residency is required at the time of application for renewal of 92.1 a driver's license, permit, or identification card. 92.2 (b) A person with permanent United States resident status, 92.3 indefinite authorized presence status, or United States 92.4 citizenship must attest to a residence address in Minnesota. 92.5 (c) A person with lawful short-term admission to the United 92.6 States must attest to a residence address in Minnesota and 92.7 provide proof of lawful short-term admission status to the 92.8 United States. 92.9 Subd. 7. [DOCUMENTS NOT SUFFICIENT TO PROVE 92.10 RESIDENCY.] The presentation of a driver's license, permit, or 92.11 identification card from another jurisdiction or another United 92.12 States state is not acceptable as proof of permanent United 92.13 States resident status, indefinite authorized presence status, 92.14 lawful short-term admission to the United States, or United 92.15 States citizenship. 92.16 Subd. 8. [EVIDENCE REQUIRED WHEN NAME CHANGED.] If there 92.17 has been a change in the individual's legal full name as it 92.18 appears on the presented document specified in this section or 92.19 section 171.025, the individual must also present evidence of a 92.20 change of name as specified by rule of the commissioner. 92.21 Subd. 9. [LAWFUL SHORT-TERM ADMISSION STATUS.] (a) If the 92.22 lawful admission period indicated on the federal primary 92.23 document presented expires in 30 days or more from the date of 92.24 application for the state driver's license, permit, or 92.25 identification card, the department shall issue to the applicant 92.26 a driver's license, permit, or identification card with an 92.27 expiration date that coincides with the lawful admission period 92.28 on the federal primary document presented. 92.29 (b) The department shall not issue a driver's license, 92.30 permit, or identification card if an individual has no lawful 92.31 admission status to the United States or if the lawful 92.32 short-term admission period expires in 30 days or less. 92.33 Sec. 3. Minnesota Statutes 2002, section 171.06, 92.34 subdivision 3, is amended to read: 92.35 Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 92.36 An application must: 93.1 (1) state the full name, date of birth, sex, and residence 93.2 address of the applicant; 93.3 (2) as may be required by the commissioner, contain a 93.4 description of the applicant, which consists of the applicant's 93.5 height in feet and inches, weight in pounds, and eye color, and 93.6 any other facts pertaining to the applicant, the applicant's 93.7 driving privileges, and the applicant's ability to operate a 93.8 motor vehicle with safety; 93.9 (3) for a class C, class B, or class A driver's license, 93.10 state the applicant's social security number or, for a class D 93.11 driver's license, have a space for the applicant's social 93.12 security number and state that providing the number is optional, 93.13 or otherwise convey that the applicant is not required to enter 93.14 the social security number; 93.15 (4) contain a space where the applicant may indicate a 93.16 desire to make an anatomical gift according to paragraph (b); 93.17 and 93.18 (5) contain a notification to the applicant of the 93.19 availability of a living will/health care directive designation 93.20 on the license under section 171.07, subdivision 7. 93.21 (b) If the applicant does not indicate a desire to make an 93.22 anatomical gift when the application is made, the applicant must 93.23 be offered a donor document in accordance with section 171.07, 93.24 subdivision 5. The application must contain statements 93.25 sufficient to comply with the requirements of the Uniform 93.26 Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 93.27 that execution of the application or donor document will make 93.28 the anatomical gift as provided in section 171.07, subdivision 93.29 5, for those indicating a desire to make an anatomical gift. 93.30 The application must be accompanied by information describing 93.31 Minnesota laws regarding anatomical gifts and the need for and 93.32 benefits of anatomical gifts, and the legal implications of 93.33 making an anatomical gift, including the law governing 93.34 revocation of anatomical gifts. The commissioner shall 93.35 distribute a notice that must accompany all applications for and 93.36 renewals of a driver's license or Minnesota identification 94.1 card. The notice must be prepared in conjunction with a 94.2 Minnesota organ procurement organization that is certified by 94.3 the federal Department of Health and Human Services and must 94.4 include: 94.5 (1) a statement that provides a fair and reasonable 94.6 description of the organ donation process, the care of the donor 94.7 body after death, and the importance of informing family members 94.8 of the donation decision; and 94.9 (2) a telephone number in a certified Minnesota organ 94.10 procurement organization that may be called with respect to 94.11 questions regarding anatomical gifts. 94.12 (c) The application must be accompanied also by information 94.13 containing relevant facts relating to: 94.14 (1) the effect of alcohol on driving ability; 94.15 (2) the effect of mixing alcohol with drugs; 94.16 (3) the laws of Minnesota relating to operation of a motor 94.17 vehicle while under the influence of alcohol or a controlled 94.18 substance; and 94.19 (4) the levels of alcohol-related fatalities and accidents 94.20 in Minnesota and of arrests for alcohol-related violations. 94.21 Sec. 4. Minnesota Statutes 2002, section 171.07, 94.22 subdivision 3, is amended to read: 94.23 Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of 94.24 the required fee, the department shall issue to every qualifying 94.25 applicant a Minnesota identification card. The department may 94.26 not issue a Minnesota identification card to a person who has a 94.27 driver's license, other than a limited license, from any 94.28 jurisdiction, or has an identification card from any 94.29 jurisdiction, unless and until the person's license or 94.30 identification card from any jurisdiction has been invalidated. 94.31 The card must bear a distinguishing number assigned to the 94.32 applicant; a colored photograph or an electronically produced 94.33 image of the applicant; the applicant's full name, date of 94.34 birth, and residence address; a description of the applicantin94.35the manner as the commissioner deems necessary, which consists 94.36 of the applicant's height in feet and inches, weight in pounds, 95.1 eye color, and sex; and the usual signature of the applicant. 95.2 (b) Each identification card issued to an applicant under 95.3 the age of 21 must be of a distinguishing color and plainly 95.4 marked "Under-21." 95.5 (c) Each Minnesota identification card must be plainly 95.6 marked "Minnesota identification card - not a driver's license." 95.7 (d) The fee for a Minnesota identification card is 50 cents 95.8 when issued to a person who is mentally retarded, as defined in 95.9 section 252A.02, subdivision 2; a physically disabled person, as 95.10 defined in section 169.345, subdivision 2; or, a person with 95.11 mental illness, as described in section 245.462, subdivision 20, 95.12 paragraph (c). 95.13 Sec. 5. Minnesota Statutes 2002, section 171.07, 95.14 subdivision 4, is amended to read: 95.15 Subd. 4. [EXPIRATION.] (a) Except as otherwise provided in 95.16 this subdivision, the expiration date of Minnesota 95.17 identification cards of applicants under the age of 65 shall be 95.18the birthday of the applicant in the fourth year followingfour 95.19 years after the date of issuance of the card. 95.20 (b) Minnesota identification cards issued to applicants age 95.21 65 or over shall be valid for the lifetime of the applicant. 95.22 (c) The expiration date for an Under-21 identification card 95.23 is the cardholder's 21st birthday. The commissioner shall issue 95.24 an identification card to a holder of an Under-21 identification 95.25 card who applies for the card, pays the required fee, and 95.26 presents proof of identity and age, unless the commissioner 95.27 determines that the applicant is not qualified for the 95.28 identification card. 95.29 (d) The expiration date for a Minnesota identification card 95.30 issued to an applicant with lawful short-term admission status 95.31 must be the date that coincides with expiration of the federal 95.32 admission period or four years after the date of issuance, 95.33 whichever date first occurs. 95.34 Sec. 6. [171.075] [DRIVER'S IMAGE FOR LICENSE, PERMIT, OR 95.35 CARD.] 95.36 Subdivision 1. [FULL FACE IMAGE.] The applicant for a 96.1 driver's license, permit, or identification card must have a 96.2 full face image taken by the department that is a representation 96.3 of the true appearance of the applicant. The face of the 96.4 applicant must be uncovered and unobscured. 96.5 Subd. 2. [USE OF PREVIOUS IMAGE.] The use of the previous 96.6 image on file with the department is limited to: 96.7 (1) duplicate drivers' licenses and identification cards; 96.8 and 96.9 (2) one renewal cycle for a person who applied to the 96.10 department and certifies that the person is out of the state at 96.11 the time the driver's license or identification card expires and 96.12 intends to return within four years. 96.13 Subd. 3. [UPDATED IMAGE REQUIRED UPON RETURN.] Within 30 96.14 days after the return to Minnesota of an applicant whose 96.15 previous image was used in accordance with subdivision 2, clause 96.16 (2), the applicant shall appear at a driver's license renewal 96.17 office and shall allow an updated image to be taken. 96.18 Sec. 7. Minnesota Statutes 2002, section 171.27, is 96.19 amended to read: 96.20 171.27 [EXPIRATION OF LICENSE.] 96.21 Subdivision 1. [DRIVER'S LICENSE.] Except as otherwise 96.22 provided in this section, the expiration date for each driver's 96.23 license, other than under-21 licenses, isthe birthday of the96.24driver in the fourth year followingfour years after the date of 96.25 issuance of the license.The birthday of the driver shall be as96.26indicated on the application for a driver's license.A license 96.27 may be renewed on or before expiration or within one year after 96.28 expiration upon application, proof of residency, payment of the 96.29 required fee, and passing the examination required of all 96.30 drivers for renewal. Driving privileges shall be extended or 96.31 renewed on or preceding the expiration date of an existing 96.32 driver's license unless the commissioner believes that the 96.33 licensee is no longer qualified as a driver or is no longer a 96.34 legal resident of the state. 96.35 Subd. 2. [UNDER-21 LICENSE.] The expiration date for each 96.36 under-21 license shall be the 21st birthday of the licensee or 97.1 the date of expiration of short-term admission status, whichever 97.2 occurs earlier. Upon the licensee attaining the age of 21 and 97.3 upon the application, payment of the required fee, and passing 97.4 the examination required of all drivers for renewal, a driver's 97.5 license shall be issued unless the commissioner determines that 97.6 the licensee is no longer qualified as a driver or is no longer 97.7 a legal resident of the state. 97.8 Subd. 3. [PROVISIONAL LICENSE.] The expiration date for 97.9 each provisional license is two years after the date of 97.10 application for the provisional license or the date of 97.11 expiration of short-term admission status, whichever occurs 97.12 earlier. 97.13 Subd. 4. [LICENSE HELD BY PERSON SERVING IN ARMED FORCES.] 97.14 Any valid Minnesota driver's license issued to a person then or 97.15 subsequently on active duty with the Armed Forces of the United 97.16 States, or the person's spouse, shall continue in full force and 97.17 effect without requirement for renewal until 90 days after the 97.18 date of the person's discharge from such service, provided that 97.19 a spouse's license must be renewed if the spouse is residing 97.20 within the state at the time the license expires or within 90 97.21 days after the spouse returns to Minnesota and resides within 97.22 the state. 97.23 Subd. 5. [LICENSE HELD BY PERSON WITH LAWFUL SHORT-TERM 97.24 ADMISSION STATUS.] The expiration date for a Minnesota driver's 97.25 license issued to an applicant with lawful short-term admission 97.26 status must be the date that coincides with expiration of the 97.27 federal admission period or four years after the date of 97.28 issuance, whichever date first occurs. 97.29 Subd. 6. [RENEWAL AFTER EXPIRATION OF SHORT-TERM 97.30 STATUS.] (a) If the applicant presents an accepted application 97.31 from the United States Department of Justice for an extension of 97.32 or change in the federal lawful admission period, the department 97.33 shall issue the driver's license, permit, or identification card 97.34 with an expiration date of six months from the date of the 97.35 federal receipt for the extension or change in order to provide 97.36 a grace period while the application for the extension is 98.1 processed. 98.2 (b) The department shall issue a driver's license, permit, 98.3 or identification card with an expiration date four years after 98.4 the date of issuance, or on the date of expiration of short-term 98.5 admission status, whichever occurs first, if (1) the applicant 98.6 presents a subsequent federal document indicating extension of 98.7 short-term admission status, permanent United States resident 98.8 status, indefinite authorized presence status, or United States 98.9 citizenship, and (2) the applicant pays the duplicate fee as 98.10 specified in section 171.06. 98.11 Subd. 7. [PROOF OF RESIDENCY AT RENEWAL.] Proof of 98.12 residency is required at the time of application for renewal of 98.13 a driving permit, driver's license, or state identification card. 98.14 Sec. 8. [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIAL 98.15 DRIVERS.] 98.16 Subdivision l. [ENDORSEMENT.] Before being issued or 98.17 renewing a class C, class B, or class A driver's license with a 98.18 hazardous materials endorsement, the applicant must comply with 98.19 federal regulations incorporated in this section. 98.20 Subd. 2. [ADOPTION OF FEDERAL REGULATIONS.] Public Law 98.21 107-56, section 1012, as implemented in Code of Federal 98.22 Regulations, title 49, is incorporated by reference. 98.23 Subd. 3. [RULES.] The commissioner of public safety may 98.24 adopt rules pursuant to section 14.388, clause (1), in order to 98.25 implement this section. 98.26 [EFFECTIVE DATE.] This section is effective the day 98.27 following final enactment. 98.28 Sec. 9. [REISSUING DRIVER'S LICENSE OR IDENTIFICATION 98.29 CARD.] 98.30 Notwithstanding Minnesota Statutes, section 171.06, upon 98.31 surrender of the person's driver's license or identification 98.32 card bearing the status check notation, the registrar shall 98.33 issue a duplicate driver's license or duplicate identification 98.34 card that does not bear a status check notation. No fee is 98.35 required for issuance of the license or identification card.