1.1 	A bill for an act
1.2 	relating to transportation; appropriating money for transportation, Metropolitan 
1.3 	Council, and public safety activities and programs; providing for fund transfers, 
1.4 	contingent appropriations, and tort claims; providing for various fees and 
1.5 	accounts; authorizing transfers for transit from metropolitan livable communities 
1.6 	fund accounts and right-of-way acquisition loan fund; clarifying appropriate 
1.7 	uses of trunk highway fund; increasing set-aside from municipal state-aid fund 
1.8 	for administrative costs; depositing fees in vehicle services operating account; 
1.9 	modifying fine and surcharge provisions relating to seat belt violations and 
1.10 	providing for primary enforcement; authorizing use of design-build contracting 
1.11 	for high-speed rail; authorizing Metropolitan Council to levy property tax for 
1.12 	transit and paratransit operations; allowing use of Metropolitan Council transit 
1.13 	tax levy for transit operations; requiring study of extension of high-speed rail 
1.14 	line; restricting imposition of transit fare increase and service cuts; establishing 
1.15 	discount transit passes pilot program; authorizing Metropolitan Council to convey 
1.16 	certain real property including the Apple Valley Transit Station; establishing 
1.17 	design-build pilot program; prohibiting imposition of certain seasonal load 
1.18 	restrictions;amending Minnesota Statutes 2008, sections 161.20, subdivision 3; 
1.19 	162.12, subdivision 2; 168.017, subdivision 5; 168.021, subdivision 4; 168.10, 
1.20 	subdivision 1i; 168.29; 168.62, subdivision 3; 169.686, subdivisions 1, 2, by 
1.21 	adding a subdivision; 171.05, subdivision 2b; 171.055, subdivision 2; 174.03, 
1.22 	subdivision 1b; 473.254, subdivision 5; 473.446, subdivision 1; Laws 2007, 
1.23 	chapter 143, article 1, section 3, subdivision 2, as amended; Laws 2008, chapter 
1.24 	152, article 1, sections 3, subdivision 2; 5; proposing coding for new law in 
1.25 	Minnesota Statutes, chapter 174.
1.26 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.27 	ARTICLE 1
1.28 	TRANSPORTATION APPROPRIATIONS

1.29	Section 1.  SUMMARY OF APPROPRIATIONS.
 	
1.30 	The amounts shown in this section summarize direct appropriations, by fund, made 
1.31 	in this article.

2.1			2010
		2011
		Total
	
2.2	General
	$
	98,385,000
	$
	90,825,000
	$
	189,210,000
	
2.3	Airports
		21,909,000
		19,659,000
		41,568,000
	
2.4	C.S.A.H.
		496,786,000
		524,478,000
		 1,021,264,000
	
2.5	M.S.A.S.
		134,003,000
		141,400,000
		275,403,000
	
2.6	Special Revenue
		49,038,000
		49,038,000
		98,076,000
	
2.7	Highway User
		9,538,000
		9,838,000
		19,376,000
	
2.8	Trunk Highway
		1,263,803,000
		1,371,695,000
		2,635,498,000
	
2.9	Total
	$
	2,073,462,000
	$
	2,206,933,000
	$
	4,280,395,000

2.10	Sec. 2. TRANSPORTATION APPROPRIATIONS.
 	
2.11 	The sums shown in the columns marked "Appropriations" are appropriated to the 
2.12 	agencies and for the purposes specified in this article.  The appropriations are from the 
2.13 	general fund, or another named fund, and are available for the fiscal years indicated 
2.14 	for each purpose.  The figures "2010" and "2011" used in this article mean that the 
2.15 	appropriations listed under them are available for the fiscal year ending June 30, 2010, or 
2.16 	June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal 
2.17 	year 2011. "The biennium" is fiscal years 2010 and 2011.  Appropriations for the fiscal 
2.18 	year ending June 30, 2009, are effective the day following final enactment.

2.19				APPROPRIATIONS
	
2.20				Available for the Year
	
2.21				Ending June 30
	
2.22					2010
		2011

2.23	Sec. 3. TRANSPORTATION

2.24	Subdivision 1. Total Appropriation
 	$
	 1,847,370,000
	$
	 1,980,741,000
	
2.25 	The appropriations in this section are from 
2.26 	the trunk highway fund, except when another 
2.27 	fund is named.

2.28	Appropriations by Fund
	
2.29		2010
	2011
	
2.30	General
	17,787,000
	 10,227,000
	
2.31	Airports
	21,859,000
	19,609,000
	
2.32	C.S.A.H.
	 496,786,000
	 524,478,000
	
2.33	M.S.A.S.
	 134,003,000
	 141,400,000
	
2.34	Trunk Highway
	 1,176,935,000
	 1,285,027,000
	
3.1 	The amounts that may be spent for each 
3.2 	purpose are specified in the following 
3.3 	subdivisions.

3.4	Subd.  2.Multimodal Systems

3.5	(a) Aeronautics

3.6	(1) Airport Development and Assistance
		16,548,000
		14,298,000
	
3.7 	This appropriation is from the state 
3.8 	airports fund and must be spent according 
3.9 	to Minnesota Statutes, section 360.305, 
3.10 	subdivision 4.
3.11 	Notwithstanding Minnesota Statutes, section 
3.12 	16A.28, subdivision 6, this appropriation is 
3.13 	available for five years after appropriation. 
3.14 	If the appropriation for either year is 
3.15 	insufficient, the appropriation for the other 
3.16 	year is available for it.

3.17	(2) Aviation Support and Services

3.18	Appropriations by Fund
	
3.19	Airports
	5,286,000
	5,286,000
	
3.20	Trunk Highway
	837,000
	837,000
	
3.21 	$65,000 the first year and $65,000 the second 
3.22 	year from the state airports fund are for the 
3.23 	Civil Air Patrol.

3.24	(b) Transit

3.25	Appropriations by Fund
	
3.26	General
	17,357,000
	 9,797,000
	
3.27	Trunk Highway
	775,000
	775,000
	
3.28 	The base appropriation from the general fund 
3.29 	for fiscal year 2012 is $17,357,000.
3.30 	Of these appropriations from the general 
3.31 	fund, $19,300 in each year is for the 
3.32 	administrative expenses of the Minnesota 
3.33 	Council on Transportation Access, and for 
4.1 	other costs relating to the preparation of 
4.2 	required reports, including the costs of hiring 
4.3 	a consultant, if the council is created.

4.4	(c) Freight

4.5	Appropriations by Fund
	
4.6	General
	365,000
	365,000
	
4.7	Trunk Highway
	4,897,000
	4,897,000
	
4.8 	The commissioner of transportation shall 
4.9 	enter into an agreement to either forgive 
4.10 	any money due (approximately $2,851,118) 
4.11 	on loan agreements 65572 and 67106 or 
4.12 	convert the loans to grants. The loans were 
4.13 	made to the Buffalo Ridge Regional Railroad 
4.14 	Authority, which was established by Rock 
4.15 	and Nobles Counties, to enable the counties 
4.16 	to purchase and rehabilitate 41.4 miles of rail 
4.17 	line providing transportation service to the 
4.18 	counties. The agreement must ensure that all 
4.19 	terms, provisions, and conditions of the loan 
4.20 	agreements are deemed to be fully satisfied 
4.21 	and performed on the part of the railroad 
4.22 	authority and counties. If the railroad 
4.23 	authority sells all or any part of the rail line 
4.24 	that has been rehabilitated with either of the 
4.25 	loans, the railroad authority must pay the 
4.26 	net proceeds to the commissioner, up to the 
4.27 	amount loaned.

4.28	Subd. 3.State Roads

4.29	(a) Infrastructure Investment and Planning

4.30	(1) Infrastructure Investment Support
		205,988,000
		205,988,000
	
4.31 	$266,000 the first year and $266,000 the 
4.32 	second year are available for grants to 
4.33 	metropolitan planning organizations outside 
4.34 	the seven-county metropolitan area.
5.1 	$75,000 the first year and $75,000 the 
5.2 	second year are for a transportation research 
5.3 	contingent account to finance research 
5.4 	projects that are reimbursable from the 
5.5 	federal government or from other sources. 
5.6 	If the appropriation for either year is 
5.7 	insufficient, the appropriation for the other 
5.8 	year is available for it.
5.9 	$600,000 the first year and $600,000 
5.10 	the second year are available for grants 
5.11 	for transportation studies outside the 
5.12 	metropolitan area to identify critical 
5.13 	concerns, problems, and issues. These grants 
5.14 	are available (1) to regional development 
5.15 	commissions and (2) in regions where 
5.16 	no regional development commission 
5.17 	is functioning, to joint powers boards 
5.18 	established under agreement of two or 
5.19 	more political subdivisions in the region to 
5.20 	exercise the planning functions of a regional 
5.21 	development commission, and (3) in regions 
5.22 	where no regional development commission 
5.23 	or joint powers board is functioning, to the 
5.24 	department's district office for that region.

5.25	(2) State Road Construction
		 541,300,000
		 578,700,000
	
5.26 	The base for this appropriation for fiscal year 
5.27 	2012 is $635,000,000.
5.28 	It is estimated that these appropriations will 
5.29 	be funded as follows:

5.30	Appropriations by Fund
	
5.31
5.32	Federal Highway 
Aid
	301,100,000 
	388,500,000
	
5.33	Highway User Taxes
	 240,200,000
	 190,200,000
	
5.34 	The commissioner shall expend up to 
5.35 	one-half of one percent of the federal 
6.1 	appropriations under this paragraph as grants 
6.2 	to opportunity industrialization centers and 
6.3 	other nonprofit job training centers for 
6.4 	job training programs related to highway 
6.5 	construction.
6.6 	The commissioner of transportation shall 
6.7 	notify the chair of the Transportation Budget 
6.8 	Division of the senate and the chair of the 
6.9 	Transportation Finance Division of the house 
6.10 	of representatives of any significant events 
6.11 	that should cause these estimates to change.
6.12 	This appropriation is for the actual 
6.13 	construction, reconstruction, and 
6.14 	improvement of trunk highways, including 
6.15 	design-build contracts and consultant usage 
6.16 	to support these activities. This includes the 
6.17 	cost of actual payment to landowners for 
6.18 	lands acquired for highway rights-of-way, 
6.19 	payment to lessees, interest subsidies, and 
6.20 	relocation expenses.
6.21 	The commissioner may transfer up to 
6.22 	$15,000,000 each year to the transportation 
6.23 	revolving loan fund.
6.24 	The commissioner may receive money 
6.25 	covering other shares of the cost of 
6.26 	partnership projects. These receipts are 
6.27 	appropriated to the commissioner for these 
6.28 	projects.

6.29	(3) Highway Debt Service
		 100,884,000
		 171,576,000
	
6.30 	$86,231,000 the first year and $155,480,000 
6.31 	the second year are for transfer to the state 
6.32 	bond fund. If this appropriation is insufficient 
6.33 	to make all transfers required in the year for 
6.34 	which it is made, the commissioner of finance 
6.35 	shall notify the Committee on Finance of 
7.1 	the senate and the Committee on Ways and 
7.2 	Means of the house of representatives of 
7.3 	the amount of the deficiency and shall then 
7.4 	transfer that amount under the statutory open 
7.5 	appropriation. Any excess appropriation 
7.6 	cancels to the trunk highway fund.

7.7	(b) Infrastructure Operations and Maintenance
		254,895,000 
		254,895,000

7.8	(c) Electronic Communications

7.9	Appropriations by Fund
	
7.10	General
	9,000
	9,000
	
7.11	Trunk Highway
	5,168,000
	5,168,000
	
7.12 	The general fund appropriation is to equip 
7.13 	and operate the Roosevelt signal tower for 
7.14 	Lake of the Woods weather broadcasting.

7.15	Subd.  4.Local Roads  

7.16	(a) County State Aids
		496,786,000
		 524,478,000
	
7.17 	This appropriation is from the county 
7.18 	state-aid highway fund and is available until 
7.19 	spent.

7.20	(b) Municipal State Aids
		 134,003,000
		 141,400,000
	
7.21 	This appropriation is from the municipal 
7.22 	state-aid street fund and is available until 
7.23 	spent.
7.24 	If an appropriation for either county state 
7.25 	aids or municipal state aids does not exhaust 
7.26 	the balance in the fund from which it is 
7.27 	made in the year for which it is made, the 
7.28 	commissioner of finance, upon request of 
7.29 	the commissioner of transportation, shall 
7.30 	notify the chair of the Transportation Finance 
7.31 	Division of the house of representatives 
7.32 	and the chair of the Transportation Budget 
7.33 	Division of the senate of the amount of the 
7.34 	remainder and shall then add that amount 
8.1 	to the appropriation. The amount added is 
8.2 	appropriated for the purposes of county state 
8.3 	aids or municipal state aids, as appropriate.
8.4 	If the appropriation for either county state 
8.5 	aids or municipal state aids does exhaust 
8.6 	the balance in the fund from which it is 
8.7 	made in the year for which it is made, the 
8.8 	commissioner of finance shall notify the chair 
8.9 	of the Transportation Finance Division of the 
8.10 	house of representatives and the chair of the 
8.11 	Transportation Budget Division of the senate 
8.12 	of the amount by which the appropriation 
8.13 	exceeds the balance and shall then reduce 
8.14 	that amount from the appropriation.

8.15	Subd.  5.General Support and Services 

8.16	(a) Department Support

8.17	Appropriations by Fund
	
8.18	Airports
	25,000
	25,000
	
8.19	Trunk Highway
	44,407,000
	44,407,000

8.20	(b) Buildings

8.21	Appropriations by Fund
	
8.22	General
	56,000
	56,000
	
8.23	Trunk Highway
	17,784,000
	17,784,000
	
8.24 	If the appropriation for either year is 
8.25 	insufficient, the appropriation for the other 
8.26 	year is available for it.

8.27	Subd. 6.Transfers
 					
8.28 	(a) With the approval of the commissioner of 
8.29 	finance, the commissioner of transportation 
8.30 	may transfer unencumbered balances among 
8.31 	the appropriations from the trunk highway 
8.32 	fund and the state airports fund made in this 
8.33 	section. No transfer may be made from the 
8.34 	appropriation for state road construction. No 
9.1 	transfer may be made from the appropriations 
9.2 	for debt service to any other appropriation. 
9.3 	Transfers under this paragraph may not be 
9.4 	made between funds. Transfers between 
9.5 	programs must be reported immediately 
9.6 	to the chair of the Transportation Budget 
9.7 	Division of the senate and the chair of the 
9.8 	Transportation Finance Division of the house 
9.9 	of representatives.
9.10 	(b) The commissioner of finance shall 
9.11 	transfer from the flexible account in the 
9.12 	county state-aid highway fund $8,440,000 
9.13 	the first year and $1,550,000 the second 
9.14 	year to the municipal turnback account in 
9.15 	the municipal state-aid street fund; and the 
9.16 	remainder in each year to the county turnback 
9.17 	account in the county state-aid highway fund.

9.18
9.19	Subd. 7.Use of State Road Construction 
Appropriations
 					
9.20 	Any money appropriated to the commissioner 
9.21 	of transportation for state road construction 
9.22 	for any fiscal year before fiscal year 2010 is 
9.23 	available to the commissioner during fiscal 
9.24 	years 2010 and 2011 to the extent that the 
9.25 	commissioner spends the money on the 
9.26 	state road construction project for which the 
9.27 	money was originally encumbered during the 
9.28 	fiscal year for which it was appropriated. The 
9.29 	commissioner of transportation shall report 
9.30 	to the commissioner of finance by August 
9.31 	1, 2009, and August 1, 2010, on a form 
9.32 	the commissioner of finance provides, on 
9.33 	expenditures made during the previous fiscal 
9.34 	year that are authorized by this subdivision.

9.35	Subd. 8.Contingent Appropriation
 					
10.1 	The commissioner of transportation, with 
10.2 	the approval of the governor and the written 
10.3 	approval of at least five members of a 
10.4 	group consisting of: (1) the members of the 
10.5 	Legislative Advisory Commission under 
10.6 	Minnesota Statutes, section 3.30; and (2) the 
10.7 	ranking minority members of the house of 
10.8 	representatives and senate committees with 
10.9 	jurisdiction over transportation finance, may 
10.10 	transfer all or part of the unappropriated 
10.11 	balance in the trunk highway fund to an 
10.12 	appropriation (1) for trunk highway design, 
10.13 	construction, or inspection in order to 
10.14 	take advantage of an unanticipated receipt 
10.15 	of income to the trunk highway fund or 
10.16 	to take advantage of federal advanced 
10.17 	construction funding, (2) for trunk highway 
10.18 	maintenance in order to meet an emergency, 
10.19 	or (3) to pay tort or environmental claims. 
10.20 	Nothing in this subdivision authorizes the 
10.21 	commissioner to increase the use of federal 
10.22 	advanced construction funding beyond 
10.23 	amounts specifically authorized. Any 
10.24 	transfer as a result of the use of federal 
10.25 	advanced construction funding must include 
10.26 	an analysis of the effects on the long-term 
10.27 	trunk highway fund balance. The amount 
10.28 	transferred is appropriated for the purpose of 
10.29 	the account to which it is transferred.

10.30	Subd. 9.Use of Trunk Highway Fund
 					
10.31 	No transfer or expenditure of trunk highway 
10.32 	funds may be made for the purpose of paying 
10.33 	personnel costs incurred on behalf of the 
10.34 	Governor's Office.

10.35
10.36	Subd. 10.Disadvantaged Business Enterprise 
Program
 					
11.1 	The commissioner shall, in utilizing these 
11.2 	appropriations, comply in all respects 
11.3 	with Minnesota Statutes, section 174.03, 
11.4 	subdivision 11, regarding the disadvantaged 
11.5 	business enterprise program, including, but 
11.6 	not limited to, the setting of disadvantaged 
11.7 	business enterprise project goals and 
11.8 	inclusion of sanctions in each contract for 
11.9 	failure to meet established goals.

11.10	Sec. 4. METROPOLITAN COUNCIL 

11.11	Subdivision 1. Total Appropriation
 	$
	72,639,000
	$
	72,639,000
	
11.12 	The amounts that may be spent for each 
11.13 	purpose are specified in the following 
11.14 	subdivisions.

11.15	Subd. 2.Bus Transit
 		67,346,000
		67,346,000
	
11.16 	This appropriation is for bus system 
11.17 	operations.
11.18 	Of this amount, $80,700 in each year is for 
11.19 	the administrative expenses of the Minnesota 
11.20 	Council on Transportation Access, and for 
11.21 	other costs relating to the preparation of 
11.22 	required reports, including the costs of hiring 
11.23 	a consultant, if the council is created.

11.24	Subd. 3.Rail Operations
 		5,293,000
		5,293,000

11.25	Sec. 5. PUBLIC SAFETY

11.26	Subdivision 1. Total Appropriation
 	$
	152,478,000
	$
	152,578,000

11.27	Appropriations by Fund
	
11.28		2010
	2011
	
11.29	General
	7,959,000
	7,959,000
	
11.30	Trunk Highway
	 86,068,000
	85,868,000
	
11.31	Highway User
	9,413,000
	9,713,000
	
11.32	Special Revenue 
	49,038,000
	49,038,000
	
12.1 	The amounts that may be spent for each 
12.2 	purpose are specified in the following 
12.3 	subdivisions.

12.4	Subd.  2.Administration and Related Services 

12.5	(a) Office of Communications

12.6	Appropriations by Fund
	
12.7	General
	41,000
	41,000
	
12.8	Trunk Highway
	393,000
	393,000

12.9	(b) Public Safety Support

12.10	Appropriations by Fund
	
12.11	General
	3,296,000
	3,296,000
	
12.12	Trunk Highway
	3,506,000
	3,506,000
	
12.13	Highway User 
	1,366,000
	1,366,000
	
12.14 	$380,000 the first year and $380,000 the 
12.15 	second year are for payment of public 
12.16 	safety officer survivor benefits under 
12.17 	Minnesota Statutes, section 299A.44. If the 
12.18 	appropriation for either year is insufficient, 
12.19 	the appropriation for the other year is 
12.20 	available for it.
12.21 	$1,367,000 the first year and $1,367,000 
12.22 	the second year are to be deposited in the 
12.23 	public safety officer's benefit account. This 
12.24 	money is available for reimbursements under 
12.25 	Minnesota Statutes, section 299A.465.
12.26 	$508,000 the first year and $508,000 
12.27 	the second year are for soft body armor 
12.28 	reimbursements under Minnesota Statutes, 
12.29 	section 299A.38.
12.30 	$792,000 the first year and $792,000 
12.31 	the second year are appropriated from the 
12.32 	general fund for transfer by the commissioner 
12.33 	of finance to the trunk highway fund on 
12.34 	December 31, 2009, and December 31, 2010, 
13.1 	respectively, in order to reimburse the trunk 
13.2 	highway fund for expenses not related to the 
13.3 	fund. These represent amounts appropriated 
13.4 	out of the trunk highway fund for general 
13.5 	fund purposes in the administration and 
13.6 	related services program.
13.7 	$610,000 the first year and $610,000 the 
13.8 	second year are appropriated from the 
13.9 	highway user tax distribution fund for 
13.10 	transfer by the commissioner of finance to 
13.11 	the trunk highway fund on December 31, 
13.12 	2009, and December 31, 2010, respectively, 
13.13 	in order to reimburse the trunk highway 
13.14 	fund for expenses not related to the fund. 
13.15 	These represent amounts appropriated out 
13.16 	of the trunk highway fund for highway 
13.17 	user tax distribution fund purposes in the 
13.18 	administration and related services program.
13.19 	$716,000 the first year and $716,000 the 
13.20 	second year are appropriated from the 
13.21 	highway user tax distribution fund for 
13.22 	transfer by the commissioner of finance to 
13.23 	the general fund on December 31, 2009, and 
13.24 	December 31, 2010, respectively, in order to 
13.25 	reimburse the general fund for expenses not 
13.26 	related to the fund. These represent amounts 
13.27 	appropriated out of the general fund for 
13.28 	operation of the criminal justice data network 
13.29 	related to driver and motor vehicle licensing.

13.30	(c) Technical Support Services

13.31	Appropriations by Fund
	
13.32	General
	1,472,000
	1,472,000
	
13.33	Trunk Highway
	2,344,000
	2,344,000
	
13.34	Highway User 
	19,000
	19,000

13.35	Subd.  3.State Patrol

14.1	(a) Patrolling Highways

14.2	Appropriations by Fund
	
14.3	General
	37,000
	37,000
	
14.4	Trunk Highway
	71,393,000
	71,393,000
	
14.5	Highway User 
	92,000
	92,000

14.6	(b) Commercial Vehicle Enforcement
		7,996,000
		7,796,000
	
14.7 	This appropriation is from the trunk highway 
14.8 	fund. $800,000 the first year and $600,000 
14.9 	the second year are for the Office of Pupil 
14.10 	Transportation Safety.

14.11	(c) Capitol Security
		3,113,000
		3,113,000
	
14.12 	The commissioner may not: (1) spend any 
14.13 	money from the trunk highway fund for 
14.14 	Capitol security; or (2) permanently transfer 
14.15 	any state trooper from the patrolling of 
14.16 	highway activity to Capitol security. The 
14.17 	commissioner may not transfer any money: 
14.18 	(1) appropriated for Department of Public 
14.19 	Safety administration, the patrolling of 
14.20 	highways, commercial vehicle enforcement, 
14.21 	or driver and vehicle services to Capitol 
14.22 	security; or (2) from Capitol security.

14.23	Subd. 4.Driver and Vehicle Services

14.24	(a) Vehicle Services

14.25	Appropriations by Fund
	
14.26	Highway User 
	7,936,000
	8,236,000
	
14.27	Special Revenue
	18,973,000
	18,973,000
	
14.28 	The special revenue fund appropriation is 
14.29 	from the vehicle services operating account.

14.30	(b) Driver Services

14.31	Appropriations by Fund
	
14.32	Special Revenue
	28,711,000
	28,711,000
	
14.33	Trunk Highway
	1,000
	1,000
	
15.1 	The special revenue fund appropriation is 
15.2 	from the driver services operating account.

15.3	Subd. 5.Traffic Safety
 		435,000
		435,000
	
15.4 	This appropriation is from the trunk highway 
15.5 	fund.
15.6 	The commissioner of public safety shall 
15.7 	spend 50 percent of the money available 
15.8 	to the state under Public Law 105-206, 
15.9 	section 164, and the remaining 50 percent 
15.10 	must be transferred to the commissioner 
15.11 	of transportation for hazard elimination 
15.12 	activities under United States Code, title 23, 
15.13 	section 152.

15.14	Subd. 6.Pipeline Safety
 		1,354,000
		1,354,000
	
15.15 	This appropriation is from the pipeline safety 
15.16 	account in the special revenue fund.

15.17	Subd. 7.Use of Trunk Highway Fund
 					
15.18 	No transfer or expenditure of trunk highway 
15.19 	funds may be made for the purpose of paying 
15.20 	personnel costs incurred on behalf of the 
15.21 	Governor's Office.

15.22
15.23	Sec. 6. GENERAL CONTINGENT 
ACCOUNTS
 	$
	375,000
	$
	375,000

15.24	Appropriations by Fund
	
15.25	Trunk Highway
	200,000
	200,000
	
15.26	Highway User 
	125,000
	125,000
	
15.27	Airports
	50,000
	50,000
	
15.28 	The appropriations in this section may 
15.29 	only be spent with the approval of the 
15.30 	governor and the written approval of at least 
15.31 	five members of a group consisting of (1) 
15.32 	the members of the Legislative Advisory 
15.33 	Commission under Minnesota Statutes, 
15.34 	section 3.30, and (2) the ranking minority 
16.1 	members of the house of representatives and 
16.2 	senate committees with jurisdiction over 
16.3 	transportation finance.
16.4 	If an appropriation in this section for either 
16.5 	year is insufficient, the appropriation for the 
16.6 	other year is available for it.

16.7	Sec. 7. TORT CLAIMS
 	$
	600,000
	$
	600,000
	
16.8 	To be spent by the commissioner of finance.
16.9 	This appropriation is from the trunk highway 
16.10 	fund.
16.11 	If the appropriation for either year is 
16.12 	insufficient, the appropriation for the other 
16.13 	year is available for it.

16.14 	Sec. 8. Laws 2007, chapter 143, article 1, section 3, subdivision 2, as amended by 
16.15 	Laws 2008, chapter 363, article 11, section 10, is amended to read:

16.16	Subd. 2. Multimodal Systems

16.17	(a) Aeronautics 

16.18	(1) Airport Development and Assistance 
		20,298,000 
		5,298,000 
	
16.19 	This appropriation is from the state airports 
16.20 	fund and must be spent according to 
16.21 	Minnesota Statutes, section 360.305, 
16.22 	subdivision 4. 
16.23 	$6,000,000 the first year is a onetime 
16.24 	appropriation and does not add to the 
16.25 	base appropriations. The base for this 
16.26 	appropriation for fiscal year 2010 is 
16.27 	$14,298,000.
16.28 	Of this appropriation $200,000 the first 
16.29 	year is to the Legislative Coordinating 
16.30 	Commission for the administrative expenses 
16.31 	of the Airport Funding Advisory Task Force 
16.32 	and for other costs relating to the preparation 
17.1 	of the task force report, including the costs of 
17.2 	hiring a consultant, if needed. Any remaining 
17.3 	amount of this appropriation shall revert to 
17.4 	the state airports fund. 
17.5 	Notwithstanding Minnesota Statutes, section 
17.6 	16A.28, subdivision 6, this appropriation is 
17.7 	available for five years after appropriation. 
17.8 	If the appropriation for either year is 
17.9 	insufficient, the appropriation for the other 
17.10 	year is available for it. 

17.11	(2) Aviation Support and Services 

17.12	Appropriations by Fund 
	
17.13	Airports 
	5,184,000 
	5,286,000 
	
17.14	Trunk Highway 
	852,000 
	866,000 
	
17.15 	$65,000 the first year and $65,000 the second 
17.16 	year from the state airports fund are for the 
17.17 	Civil Air Patrol. 

17.18	(b) Transit 

17.19	Appropriations by Fund 
	
17.20
17.21	General 
	18,813,000 
	18,816,000 
 26,376,000
	
17.22	Trunk Highway 
	740,000 
	761,000 
	
17.23 	Of the appropriation in fiscal year 2009, 
17.24 	$7,560,000 may be expended for financial 
17.25 	assistance under Minnesota Statutes, section 
17.26 	174.24, notwithstanding the payment 
17.27 	schedule under Minnesota Statutes, section 
17.28 	174.24, subdivision 5.

17.29	(c) Freight 

17.30	Appropriations by Fund 
	
17.31	General 
	357,000 
	367,000 
	
17.32	Trunk Highway 
	5,028,000 
	5,158,000 

17.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

18.1 	Sec. 9. Laws 2008, chapter 152, article 1, section 5, is amended to read:
18.2 	Sec. 5. APPROPRIATION; TRANSPORTATION EMERGENCY RELIEF.
 18.3 	$55,000,000 in fiscal year 2008 and $77,000,000 $33,000,000 in fiscal year 2009 
18.4 	are appropriated to the commissioner of transportation from the trunk highway fund for 
18.5 	the purposes specified in the federal grants and aids related to the I-35W bridge collapse 
18.6 	on marked Interstate Highway I-35W in Minneapolis. The appropriation in fiscal year 
18.7 	2009 is available for other trunk highway construction projects. This appropriation is in 
18.8 	addition to appropriations under Laws 2007, chapter 143, article 1, section 3, and Laws 
18.9 	2007, First Special Session chapter 2, article 2, section 2.

18.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

18.11 	Sec. 10. METROPOLITAN LIVABLE COMMUNITIES FUND; TRANSFERS.
 18.12 	Notwithstanding Minnesota Statutes, sections 473.25 to 473.255, or any other law, 
18.13 	the Metropolitan Council may transfer to its transit operating budget in 2009, 2010, and 
18.14 	2011 money that is not committed to grant or loan awards made by the council as follows:
18.15 	(1) up to 50 percent of the revenues and amounts credited, transferred, or distributed 
18.16 	to the tax base revitalization account in 2009, 2010, and 2011, pursuant to Minnesota 
18.17 	Statutes, section 473.252;
18.18 	(2) up to 50 percent of the revenues and amounts credited, transferred, or distributed 
18.19 	to the metropolitan livable communities demonstration account in 2009, 2010, and 2011 
18.20 	pursuant to Minnesota Statutes, section 473.253; and
18.21 	(3) balances in the metropolitan livable communities fund accounts in 2009, 2010, 
18.22 	and 2011.
18.23 	The council shall use the amounts transferred to cover operating deficits for the 
18.24 	transit, paratransit, and light rail and commuter rail services provided or assisted by the 
18.25 	council under Minnesota Statutes, sections 473.371 to 473.449. If the council transfers 
18.26 	funds pursuant to this section, the council shall amend the annual distribution plan 
18.27 	described in Minnesota Statutes, section 473.25, paragraph (d), and include information 
18.28 	about the transfer in the annual report required under Minnesota Statutes, section 473.25, 
18.29 	paragraph (e).

18.30 	Sec. 11. RIGHT-OF-WAY ACQUISITION LOAN FUND; TRANSFERS.
 18.31 	Notwithstanding Minnesota Statutes, section 473.167, or any other law, the 
18.32 	Metropolitan Council may transfer to its transit operating budget in 2009, 2010, and 
18.33 	2011 up to 50 percent of the amounts levied and collected in 2009, 2010, and 2011 
18.34 	under Minnesota Statutes, section 473.167, subdivision 3. The council shall use the 
19.1 	amounts transferred to cover operating deficits for the transit, paratransit, and light rail 
19.2 	and commuter rail services provided or assisted by the council under Minnesota Statutes, 
19.3 	sections 473.371 to 473.449.

19.4 	Sec. 12. TAX LEVY; METROPOLITAN TRANSIT OPERATIONS.
 19.5 	Of the revenue collected by Metropolitan Council under Minnesota Statutes, section 
19.6 	473.249, $2,500,000 in fiscal year 2010 and $2,500,000 in fiscal year 2011 must be used 
19.7 	for metropolitan bus transit operations.

19.8 	Sec. 13. METROPOLITAN TRANSIT OPERATIONS DEFICIENCY.
 19.9 	(a) The Metropolitan Council shall use the maximum feasible and allowable 
19.10 	amount of federal funds available under the American Recovery and Reinvestment Act 
19.11 	of 2009 for metropolitan transit preventive maintenance and capital cost of contracting, 
19.12 	providing that this provision does not violate any guidelines of the American Recovery 
19.13 	and Reinvestment Act of 2009.
19.14 	(b) The Metropolitan Council shall seek to maximize administrative efficiencies in 
19.15 	transit operations and apply any related monetary savings to bus transit operations in 
19.16 	fiscal years 2010 and 2011.
19.17 	(c) The Metropolitan Council shall use the maximum feasible amount of its reserve 
19.18 	funds for bus transit operations in fiscal years 2010 and 2011.
19.19 	(d) The Metropolitan Council shall equitably reduce assistance to other regional 
19.20 	transit systems within the metropolitan area in an amount that reflects any decline in motor 
19.21 	vehicle sales tax revenue deposited in the metropolitan area transit account.

19.22 	ARTICLE 2
19.23 	TRUNK HIGHWAY BONDS

19.24 	Section 1. HIGHWAY APPROPRIATION AND BOND SALE.
 19.25 		Subdivision 1.Appropriation. $20,000,000 is appropriated from the bond proceeds 
19.26 	account in the trunk highway fund to the commissioner of transportation for construction 
19.27 	of interchanges involving a trunk highway, where the interchange will promote economic 
19.28 	development, increase employment, relieve growing traffic congestion, and promote traffic 
19.29 	safety. The amount under this paragraph must be allocated 50 percent to the department's 
19.30 	metropolitan district, and 50 percent to districts in greater Minnesota. This amount is in 
19.31 	addition to existing appropriations for this purpose.
20.1 		Subd. 2.Bond sale. To provide the money appropriated in subdivision 1 from the 
20.2 	bond proceeds account in the trunk highway fund, the commissioner of finance shall sell 
20.3 	and issue bonds of the state in an amount up to $20,000,000 in the manner, upon the terms, 
20.4 	and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and 
20.5 	by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts 
20.6 	requested by the commissioner of transportation. The proceeds of the bonds, except 
20.7 	accrued interest and any premium received from the sale of the bonds, must be deposited 
20.8 	in the bond proceeds account in the trunk highway fund.

20.9 	Sec. 2. EFFECTIVE DATE.
 20.10 	This article is effective the day following final enactment.

20.11 	ARTICLE 3
20.12 	TRANSPORTATION FINANCE

20.13 	Section 1. Minnesota Statutes 2008, section 161.20, subdivision 3, is amended to read:
20.14 		Subd. 3.Trunk highway fund appropriations. The commissioner may expend 
20.15 	trunk highway funds only for trunk highway purposes. Payment of expenses related 
20.16 	to Bureau of Criminal Apprehension laboratory, Explore Minnesota Tourism kiosks, 
20.17 	Minnesota Safety Council, tort claims, driver education programs, Emergency Medical 
20.18 	Services Board, and Mississippi River Parkway Commission, and personnel costs incurred 
20.19 	on behalf of the Governor's Office do not further a highway purpose and do not aid in the 
20.20 	construction, improvement, or maintenance of the highway system.

20.21 	Sec. 2. Minnesota Statutes 2008, section 162.12, subdivision 2, is amended to read:
20.22 		Subd. 2.Administrative costs. A sum of 1-1/2 two percent shall be deducted from 
20.23 	the total available in the municipal state-aid street fund, set aside in a separate account, 
20.24 	and used for administration costs incurred by the state Transportation Department in 
20.25 	carrying out the provisions relating to the municipal state-aid street system.

20.26 	Sec. 3. Minnesota Statutes 2008, section 168.017, subdivision 5, is amended to read:
20.27 		Subd. 5.Registration period extension for leased vehicle. (a) Notwithstanding 
20.28 	subdivisions 3 and 4, a person leasing for at least one year a vehicle registered under 
20.29 	this section may obtain an extension of the motor vehicle's registration period for the 
20.30 	unexpired portion of the lease period, for a period not to exceed 11 months beyond the 
20.31 	expiration of the registration period.
20.32 	(b) In order to obtain an extension under this subdivision a lessee must
21.1 	(1) apply to the registrar on a form the registrar prescribes;
21.2 	(2) submit to the registrar a copy of the lease;
21.3 	(3) pay an administrative fee of $5; and
21.4 	(4) pay a tax of 1/12 of the tax for the registration period being extended for each 
21.5 	month of the extension.
21.6 	(c) On an applicant's compliance with paragraph (b) the registrar shall issue the 
21.7 	applicant a license plate tab or sticker designating the new month of expiration of the 
21.8 	registration. The extended registration expires on the tenth day of the month following 
21.9 	the month designated on the tab or sticker.
21.10 	(d) All fees collected under paragraph (b), clause (3), must be deposited in the vehicle 
21.11 	services operating account under section 299A.705, subdivision 1. Taxes collected under 
21.12 	paragraph (b), clause (4), must be deposited in the highway user tax distribution fund.

21.13 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2005, 
21.14 	for fees collected on or after that date.

21.15 	Sec. 4. Minnesota Statutes 2008, section 168.021, subdivision 4, is amended to read:
21.16 		Subd. 4.Fees; disposition. All fees collected from the sale of disability plates 
21.17 	under this section must be deposited in the state treasury to the credit of the highway 
21.18 	user tax distribution fund vehicle services operating account under section 299A.705, 
21.19 	subdivision 1.

21.20 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2005, 
21.21 	for fees collected on or after that date.

21.22 	Sec. 5. Minnesota Statutes 2008, section 168.10, subdivision 1i, is amended to read:
21.23 		Subd. 1i.Collector plate transfer. Notwithstanding section 168.12, subdivision 1, 
21.24 	on payment of a transfer fee of $5, plates issued under this section may be transferred to 
21.25 	another vehicle owned or jointly owned by the person to whom the special plates were 
21.26 	issued or the plate may be assigned to another owner. In addition to the transfer fee a new 
21.27 	owner must pay the $25 tax and any fee required by section 168.12, subdivision 2a. The 
21.28 	$5 fee must be paid into the state treasury and credited to the highway user tax distribution 
21.29 	fund vehicle services operating account under section 299A.705, subdivision 1. License 
21.30 	plates issued under this section may not be transferred to a vehicle not eligible for the 
21.31 	collector's vehicle license plates.

21.32 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2005, 
21.33 	for fees collected on or after that date.

22.1 	Sec. 6. Minnesota Statutes 2008, section 168.29, is amended to read:
22.2 	168.29 REPLACEMENT PLATES.
22.3 	(a) In the event of the defacement, loss or destruction of any number plates or 
22.4 	validation stickers, the registrar, upon receiving and filing a sworn statement of the vehicle 
22.5 	owner, setting forth the circumstances of the defacement, loss, destruction or theft of 
22.6 	the number plates or validation stickers, together with any defaced plates or stickers 
22.7 	and the payment of a fee calculated to cover the cost of replacement, shall issue a new 
22.8 	set of plates or stickers.
22.9 	(b) The registrar shall then note on the registrar's records the issue of new number 
22.10 	plates and shall proceed in such manner as the registrar may deem advisable to cancel and 
22.11 	call in the original plates so as to insure against their use on another motor vehicle.
22.12 	(c) Duplicate registration certificates plainly marked as duplicates may be issued 
22.13 	in like cases upon the payment of a $1 fee. Fees collected under this section must be 
22.14 	paid into the state treasury and credited to the highway user tax distribution fund vehicle 
22.15 	services operating account under section 299A.705, subdivision 1.

22.16 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2005, 
22.17 	for fees collected on or after that date.

22.18 	Sec. 7. Minnesota Statutes 2008, section 168.62, subdivision 3, is amended to read:
22.19 		Subd. 3.Special plates or certificate; fee; proceeds to highway user fund. At the 
22.20 	same time that an owner or operator of intercity buses registers them in Minnesota and 
22.21 	obtains number plates therefor, the owner or operator shall apply for special identification 
22.22 	plates or certificates for the remainder of that fleet of intercity buses. The registrar of 
22.23 	motor vehicles shall design an appropriate plate or identification certificate for this 
22.24 	purpose which shall be issued upon the payment of a fee of $10 covering each intercity 
22.25 	bus so identified. The proceeds of such fees shall be deposited to the credit of the highway 
22.26 	user tax distribution fund vehicle services operating account under section 299A.705, 
22.27 	subdivision 1. No intercity bus shall at any time be operated in the state of Minnesota 
22.28 	without either Minnesota number plates or special identification plates or certificates 
22.29 	issued as herein provided.

22.30 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2005, 
22.31 	for fees collected on or after that date.

22.32 	Sec. 8. Minnesota Statutes 2008, section 169.686, subdivision 1, is amended to read:
23.1 		Subdivision 1.Seat belt requirement. (a) Except as provided in section 169.685, a 
23.2 	properly adjusted and fastened seat belt, including both the shoulder and lap belt when the 
23.3 	vehicle is so equipped, shall be worn by:
23.4 	(1) the driver and passengers of a passenger vehicle or,  commercial motor vehicle, 
23.5 	commuter van, as defined in section 168.126, a type III school bus, a type III Head 
23.6 	Start bus, and a vehicle with a gross vehicle weight rating less than 10,000 pounds that 
23.7 	is a pickup truck or van;
23.8 	(2) a passenger riding in the front seat of a passenger vehicle or commercial motor 
23.9 	vehicle; and
23.10 	(3) a passenger riding in any seat of a passenger vehicle who is older than three 
23.11 	but younger than 11 years of age.
23.12 	(b) Except as provided in section 169.685, a person who is 15 years of age or older 
23.13 	and who violates paragraph (a), clause (1) or (2), is subject to a fine of $25. The driver 
23.14 	of the passenger vehicle or commercial motor vehicle in which the violation occurred is 
23.15 	subject to a $25 fine for aeach violation of paragraph (a), clause (2) or (3), by the driver or 
23.16 	by a child of the driver passenger under the age of 15 or any child under the age of 11. 
23.17 	A peace officer may not issue a citation for a violation of this section unless the officer 
23.18 	lawfully stopped or detained the driver of the motor vehicle for a moving violation other 
23.19 	than a violation involving motor vehicle equipment, but the court may not impose more 
23.20 	than one surcharge under section 357.021, subdivision 6, on the driver. The Department of 
23.21 	Public Safety shall not record a violation of this subdivision on a person's driving record.

23.22 	EFFECTIVE DATE. This section is effective June 9, 2009, and applies to acts 
23.23 	committed on or after that date.

23.24 	Sec. 9. Minnesota Statutes 2008, section 169.686, is amended by adding a subdivision 
23.25 	to read:
23.26 		Subd. 1a.Definitions. For the purposes of this section:
23.27 	(a) "Pickup truck" means any truck regardless of manufacturer's nominal rated 
23.28 	carrying capacity and commonly known as a pickup truck.
23.29 	(b) "Van" means any vehicle of a box-like design with no barrier or separation 
23.30 	between the operator's area and the remainder of the cargo-carrying area, or designed 
23.31 	to carry 15 or fewer passengers, including the driver, regardless of the manufacturer's 
23.32 	nominal rated carrying capacity.

23.33 	EFFECTIVE DATE. This section is effective June 9, 2009, and applies to acts 
23.34 	committed on or after that date.

24.1 	Sec. 10. Minnesota Statutes 2008, section 169.686, subdivision 2, is amended to read:
24.2 		Subd. 2.Seat belt exemptions. This section shall not apply to:
24.3 	(1) a person driving a passenger vehicle in reverse;
24.4 	(2) a person riding in a seat vehicle  in which all the seating positions equipped with 
24.5 	safety belts are occupied by other persons in safety belts;
24.6 	(3) a person who is in possession of a written certificate from a licensed physician 
24.7 	verifying that because of medical unfitness or physical disability the person is unable 
24.8 	to wear a seat belt;
24.9 	(4) a person who is actually engaged in work that requires the person to alight from 
24.10 	and reenter a motor vehicle at frequent intervals and who, while engaged in that work, 
24.11 	does not drive or travel in that vehicle at a speed exceeding 25 miles per hour;
24.12 	(5) a rural mail carrier of the United States Postal Service or a newspaper delivery 
24.13 	person while in the performance of duties;
24.14 	(6) a person driving or riding in a passenger vehicle manufactured before January 1, 
24.15 	1965; and
24.16 	(7) a person driving or riding in a pickup truck, as defined in section 168.002, 
24.17 	subdivision 26, while engaged in normal farming work or activity. 

24.18 	EFFECTIVE DATE. This section is effective June 9, 2009, and applies to acts 
24.19 	committed on or after that date.

24.20 	Sec. 11. Minnesota Statutes 2008, section 171.05, subdivision 2b, is amended to read:
24.21 		Subd. 2b.Instruction permit use by person under age 18. (a) This subdivision 
24.22 	applies to persons who have applied for and received an instruction permit under 
24.23 	subdivision 2.
24.24 	(b) The permit holder may, with the permit in possession, operate a motor vehicle, 
24.25 	but must be accompanied by and be under the supervision of a certified driver education 
24.26 	instructor, the permit holder's parent or guardian, or another licensed driver age 21 or 
24.27 	older. The supervisor must occupy the seat beside the permit holder.
24.28 	(c) The permit holder may operate a motor vehicle only when every occupant under 
24.29 	the age of 18 has a seat belt or child passenger restraint system properly fastened. A 
24.30 	person who violates this paragraph is subject to a fine of $25. A peace officer may 
24.31 	not issue a citation for a violation of this paragraph unless the officer lawfully stopped 
24.32 	or detained the driver of the motor vehicle for a moving violation as defined in section 
24.33 	171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on 
24.34 	a person's driving record.
25.1 	(d) The permit holder may not operate a vehicle while communicating over, or 
25.2 	otherwise operating, a cellular or wireless telephone, whether handheld or hands free, 
25.3 	when the vehicle is in motion. The permit holder may assert as an affirmative defense that 
25.4 	the violation was made for the sole purpose of obtaining emergency assistance to prevent 
25.5 	a crime about to be committed, or in the reasonable belief that a person's life or safety 
25.6 	was in danger. Violation of this paragraph is a petty misdemeanor subject to section 
25.7 	169.89, subdivision 2.
25.8 	(e) (d) The permit holder must maintain a driving record free of convictions for 
25.9 	moving violations, as defined in section 171.04, subdivision 1, and free of convictions 
25.10 	for violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If 
25.11 	the permit holder drives a motor vehicle in violation of the law, the commissioner shall 
25.12 	suspend, cancel, or revoke the permit in accordance with the statutory section violated.

25.13 	EFFECTIVE DATE. This section is effective June 9, 2009, and applies to acts 
25.14 	committed on or after that date.

25.15 	Sec. 12. Minnesota Statutes 2008, section 171.055, subdivision 2, is amended to read:
25.16 		Subd. 2.Use of provisional license. (a) A provisional license holder may operate a 
25.17 	motor vehicle only when every occupant under the age of 18 has a seat belt or child 
25.18 	passenger restraint system properly fastened. A person who violates this paragraph is 
25.19 	subject to a fine of $25. A peace officer may not issue a citation for a violation of this 
25.20 	paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle 
25.21 	for a moving violation as defined in section 171.04. The commissioner shall not record a 
25.22 	violation of this paragraph on a person's driving record.
25.23 	(b) A provisional license holder may not operate a vehicle while communicating 
25.24 	over, or otherwise operating, a cellular or wireless telephone, whether handheld or 
25.25 	hands free, when the vehicle is in motion. The provisional license holder may assert 
25.26 	as an affirmative defense that the violation was made for the sole purpose of obtaining 
25.27 	emergency assistance to prevent a crime about to be committed, or in the reasonable 
25.28 	belief that a person's life or safety was in danger. Violation of this paragraph is a petty 
25.29 	misdemeanor subject to section 169.89, subdivision 2.
25.30 	(c) (b)  If the holder of a provisional license during the period of provisional licensing 
25.31 	incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 
25.32 	169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more 
25.33 	than one conviction for a moving violation that is not crash related, the person may not be 
25.34 	issued a driver's license until 12 consecutive months have expired since the date of the 
25.35 	conviction or until the person reaches the age of 18 years, whichever occurs first.
26.1 	(d) (c)  For the first six months of provisional licensure, a provisional license holder 
26.2 	may not operate a motor vehicle carrying more than one passenger under the age of 20 
26.3 	years who is not a member of the holder's immediate family. For the second six months, 
26.4 	the holder of the license may not operate a motor vehicle that is carrying more than three 
26.5 	passengers who are under the age of 20 years and who are not members of the holder's 
26.6 	immediate family. This paragraph does not apply if the provisional license holder is 
26.7 	accompanied by a parent or guardian.
26.8 	(e) (d)  For the first six months of provisional licensure, a provisional license holder 
26.9 	may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when 
26.10 	the license holder is:
26.11 	(1) driving between the license holder's home and place of employment;
26.12 	(2) driving between the license holder's home and a school event for which the 
26.13 	school has not provided transportation;
26.14 	(3) driving for employment purposes; or
26.15 	(4) accompanied by a licensed driver at least 25 years of age.

26.16 	EFFECTIVE DATE. This section is effective June 9, 2009, and applies to acts 
26.17 	committed on or after that date.

26.18 	Sec. 13. Minnesota Statutes 2008, section 174.03, subdivision 1b, is amended to read:
26.19 		Subd. 1b.Statewide freight and passenger rail plan. (a) The commissioner 
26.20 	shall develop a comprehensive statewide freight and passenger rail plan to be included 
26.21 	and revised as a part of the statewide transportation plan.
26.22 	(b) The plan must include a study of an extension of the high-speed rail line 
26.23 	connecting Chicago, La Crescent, Winona, Red Wing, and the Union Depot Concourse 
26.24 	Multimodal Transit Hub in downtown St. Paul. The extension may connect the Union 
26.25 	Depot Concourse Multimodal Transit Hub in downtown St. Paul with downtown 
26.26 	Minneapolis. The analysis must consider previous rail studies providing passenger service 
26.27 	in this corridor.
26.28 	(c) Before the initial version of the plan is adopted, the commissioner shall provide a 
26.29 	copy for review and comment to the chairs and ranking minority members of the senate 
26.30 	and house of representatives committees with jurisdiction over transportation policy and 
26.31 	finance. Notwithstanding paragraph (a), the commissioner may adopt the next revision 
26.32 	of the statewide transportation plan, scheduled to be completed in calendar year 2009, 
26.33 	prior to completion of the initial version of the comprehensive statewide freight and 
26.34 	passenger rail plan.

27.1 	Sec. 14. [174.638] DESIGN-BUILD CONTRACTING.
27.2 	The commissioner may utilize the design-build method of contracting, under 
27.3 	sections 161.3410 to 161.3428, in connection with the planning, design, development, 
27.4 	and construction of a high-speed passenger rail line connecting Chicago, La Crescent, 
27.5 	Winona, Red Wing, and the Twin Cities.

27.6 	Sec. 15. Minnesota Statutes 2008, section 473.254, subdivision 5, is amended to read:
27.7 		Subd. 5.Sources of funds. (a) The council shall credit to the local housing 
27.8 	incentives account any revenues derived from municipalities under subdivision 4, 
27.9 	paragraph (b), clause (1).
27.10 	(b) The council shall credit $1,000,000 of the proceeds of solid waste bonds issued 
27.11 	by the council under Minnesota Statutes, section 473.831, before its repeal, to the local 
27.12 	housing incentives account in the metropolitan livable communities fund. In 1998 and each 
27.13 	year thereafter through 2009, the council shall credit $1,000,000 of the revenues generated 
27.14 	by the levy authorized in section 473.249 to the local housing incentives account.  
27.15 	(c) In 1997, and each year thereafter through 2009, the council shall transfer 
27.16 	$500,000 from the livable communities demonstration account to the local housing 
27.17 	incentives account. In 2010, and each year thereafter, the council shall transfer $1,500,000 
27.18 	from the livable communities demonstration account to the local housing incentives 
27.19 	account.

27.20 	Sec. 16. Minnesota Statutes 2008, section 473.446, subdivision 1, is amended to read:
27.21 		Subdivision 1.Metropolitan area transit tax. (a) For purposes of sections 473.405 
27.22 	to 473.449, and the metropolitan transit system, except as otherwise provided in this 
27.23 	subdivision, the council may levy for taxes payable in 2010 through 2013 upon all taxable 
27.24 	property within the metropolitan transit taxing district, defined in subdivision 2, a transit 
27.25 	tax consisting of an amount that must be used for payment of the expenses of operating 
27.26 	transit and paratransit service. The property tax levied by the council under this paragraph 
27.27 	must not exceed the following amount for the years specified:
27.28 	(1) for taxes payable in 2010, the council's property tax levy limitation for transit 
27.29 	and paratransit purposes is equal to $9,000,000;
27.30 	(2) for taxes payable in 2011 through 2013, the product of: (i) the council's property 
27.31 	tax levy limitation for transit and paratransit purposes for the previous year determined 
27.32 	under this subdivision, multiplied by (ii) an index for market valuation changes equal to 
27.33 	the total market valuation of all taxable property located within the metropolitan transit 
27.34 	taxing district for the current taxes payable year divided by the total market valuation of 
28.1 	all taxable property located within the metropolitan transit taxing district for the previous 
28.2 	taxes payable year.
28.3 	(b) For the purposes of sections 473.405 to 473.449 and the metropolitan transit 
28.4 	system, except as otherwise provided in this subdivision, the council shall levy each 
28.5 	year upon all taxable property within the metropolitan area, defined in section 473.121, 
28.6 	subdivision 2, a transit tax consisting of:  
28.7 	(1) an amount necessary to provide full and timely payment of certificates of 
28.8 	indebtedness, bonds, including refunding bonds or other obligations issued or to be issued 
28.9 	under section 473.39 by the council for purposes of acquisition and betterment of property 
28.10 	and other improvements of a capital nature and to which the council has specifically 
28.11 	pledged tax levies under this clause; and
28.12 	(2) an additional amount necessary to provide full and timely payment of certificates 
28.13 	of indebtedness issued by the council, after consultation with the commissioner of finance, 
28.14 	if revenues to the metropolitan area transit fund in the fiscal year in which the indebtedness 
28.15 	is issued increase over those revenues in the previous fiscal year by a percentage less than 
28.16 	the percentage increase for the same period in the revised Consumer Price Index for all 
28.17 	urban consumers for the St. Paul-Minneapolis metropolitan area prepared by the United 
28.18 	States Department of Labor; and
28.19 	(3) an additional amount necessary to provide operating assistance for transit. Any 
28.20 	amount levied under this clause (i) may not exceed the amount of unused obligation 
28.21 	authority granted to the council in section 473.39, and (ii) reduces, by the amount levied 
28.22 	for transit operating assistance, the amount of remaining available obligation authority.
28.23 	(b) (c)  Indebtedness to which property taxes have been pledged under paragraph 
28.24 	(a) (b), clause (2), that is incurred in any fiscal year may not exceed the amount necessary 
28.25 	to make up the difference between (1) the amount that the council received or expects to 
28.26 	receive in that fiscal year from the metropolitan area transit fund and (2) the amount the 
28.27 	council received from that fund in the previous fiscal year multiplied by the percentage 
28.28 	increase for the same period in the revised Consumer Price Index for all urban consumers 
28.29 	for the St. Paul-Minneapolis metropolitan area prepared by the United States Department 
28.30 	of Labor.

28.31 	EFFECTIVE DATE. Paragraph (a) is effective for taxes levied in 2009 through 
28.32 	2012, payable in 2010 through 2013 only. Paragraph (b) is effective for taxes levied in 
28.33 	2009 and 2010, payable in 2010 and 2011 only.

28.34 	Sec. 17. Laws 2008, chapter 152, article 1, section 3, subdivision 2, is amended to read:

29.1	Subd. 2.Multimodal Systems

29.2	(a) Transit
		0
		1,700,000
	
29.3 	This appropriation is from the general fund. 
29.4 	This is a onetime appropriation.

29.5	(b) Rail
		0
		250,000
	
29.6 	This appropriation is from the general 
29.7 	fund for a grant to the Northstar 
29.8 	Corridor Development Authority to 
29.9 	fund advanced preliminary engineering, 
29.10 	updated environmental documentation, 
29.11 	property appraisals, park and ride lots, and 
29.12 	negotiations with the railroad to extend 
29.13 	commuter rail service on the Burlington 
29.14 	Northern Santa Fe rail line between Big Lake 
29.15 	and Rice. This is a onetime appropriation 
29.16 	and is available until spent.

29.17	(c) Port Development Assistance
		0
		500,000
	
29.18 	This appropriation is from the general fund 
29.19 	for grants under Minnesota Statutes, chapter 
29.20 	457A. Any improvements made with the 
29.21 	proceeds of these grants must be publicly 
29.22 	owned. This is a onetime appropriation.

29.23 	Sec. 18. METROPOLITAN COUNCIL TRANSIT.
 29.24 	(a) Before July 1, 2011, the Metropolitan Council may not increase fares for 
29.25 	regular-route or metro mobility service over fares charged on December 1, 2008. The 
29.26 	council may not eliminate or substantially reduce regular-route or metro mobility service 
29.27 	that it provided as of December 1, 2008.
29.28 	(b) Notwithstanding paragraph (a), the Metropolitan Council may, on or after July 1, 
29.29 	2010, increase fares for regular-route or metro mobility service, or eliminate or reduce 
29.30 	service, if the council: has levied the maximum allowable amount under Minnesota 
29.31 	Statutes, section 473.446, subdivision 1; and projects an operating deficit for metropolitan 
29.32 	transit for fiscal year 2011.

30.1 	EFFECTIVE DATE. This section is effective the day following final enactment 
30.2 	and expires on June 30, 2011.

30.3 	Sec. 19. BUS PURCHASES.
 30.4 	The Metropolitan Council, in preparing bid specifications for bus purchases, shall 
30.5 	ensure that the specifications conform, to the greatest extent practicable, with products 
30.6 	that are manufactured in this state.

30.7 	Sec. 20. ST. CLOUD BRIDGE SITE.
 30.8 	The commissioner of transportation shall ensure that the economic impact on 
30.9 	existing area communities is evaluated and considered in analyzing potential alternative 
30.10 	sites and selecting potential and preferred sites for a Mississippi River crossing near St. 
30.11 	Cloud metropolitan area.

30.12 	Sec. 21. CONVEYANCE OF LAND AND BUILDINGS.
 30.13 	Notwithstanding Minnesota Statutes, section 16A.695, subdivision 3, or any other 
30.14 	law to the contrary, the Metropolitan Council shall convey the Apple Valley Transit 
30.15 	Station and the real property on which it is situated, located in Dakota County, to the 
30.16 	Minnesota Valley Transit Authority for nominal consideration, in order to carry out the 
30.17 	governmental program and public purpose for which the Apple Valley Transit Station was 
30.18 	constructed. Any subsequent conveyance of this property by the Minnesota Valley Transit 
30.19 	Authority is subject to Minnesota Statutes, section 16A.695, subdivision 3.

30.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

30.21 	Sec. 22. DISCOUNT TRANSIT PASSES PILOT PROGRAM.
 30.22 	(a) The Metropolitan Council shall establish a pilot program and policies to sell 
30.23 	transit fare media at a 50 percent discount to eligible charitable organizations for use by 
30.24 	homeless individuals. For the purposes of this section, "eligible charitable organization" 
30.25 	means a charitable organization described in section 501(c)(3) of the Internal Revenue 
30.26 	Code that provides services for homeless individuals, and "homeless individuals" means 
30.27 	homeless individuals or persons as defined in Minnesota Statutes, section 116L.361, 
30.28 	subdivision 5. There is no limit on the number of passes that an eligible charitable 
30.29 	organization participating in the pilot program may purchase under this section. The pilot 
30.30 	program shall be limited to no more than 20 charitable organizations and must include: 
30.31 	(1) an organization located in Minneapolis that provides a homeless shelter, a homeless 
30.32 	street outreach program, and sober housing to American Indian women recovering from 
31.1 	chemical dependency; and (2) an organization located in Minneapolis that provides 
31.2 	transitional apartments for homeless families as well as walk-in services for single adults, 
31.3 	including meals and a food shelf. The pilot program shall terminate March 15, 2010.
31.4 	(b) By January 15, 2010, the chair of the Metropolitan Council shall prepare and 
31.5 	submit a report to the chairs and ranking minority members of the senate and house of 
31.6 	representatives committees having jurisdiction over transportation. The chair shall prepare 
31.7 	and submit the report with existing agency staff and resources. The report must be made 
31.8 	electronically and available in print only upon request. The report on the pilot program 
31.9 	must include a list of sales made under this subdivision, including organization name and 
31.10 	the volume of fare media purchased, and costs of providing the discounted service and 
31.11 	revenue impacts in the council's transit system. The report must be prepared in consultation 
31.12 	with representatives from the charitable organizations participating in the pilot program.
31.13 	(c) Paragraphs (a) and (b) apply in the counties of Anoka, Carver, Dakota, Hennepin, 
31.14 	Ramsey, Scott, and Washington.

31.15 	EFFECTIVE DATE. This section is effective September 1, 2009.

31.16 	Sec. 23. ADJUSTMENT OF TRANSFER AND LEVY AUTHORITY.
 31.17 		Subdivision 1.Property tax levy adjustment. If, based on the November 2009 
31.18 	state budget forecast, motor vehicle sales tax revenues estimated to be available for 
31.19 	metropolitan transit operations under Minnesota Statutes, section 297B.09, exceed 
31.20 	$270,000,000 for the fiscal year 2010 and 2011 biennium, the levy amount authorized 
31.21 	under section 16, paragraph (a), is reduced by the amount that the estimated motor vehicle 
31.22 	sales tax biennial revenues exceed $270,000,000, provided that the maximum levy amount 
31.23 	cannot be less than zero.
31.24 		Subd. 2.Transfer authority adjustment. If, based on the November 2009 
31.25 	state budget forecast, motor vehicle sales tax revenues estimated to be available for 
31.26 	metropolitan transit operations under Minnesota Statutes, section 297B.09, exceed 
31.27 	$279,000,000 for the fiscal year 2010 and 2011 biennium, the maximum amount that may 
31.28 	be transferred from the metropolitan livable communities fund accounts under article 
31.29 	1, section 10, is reduced by an amount by which the estimated motor vehicle sales tax 
31.30 	biennial revenues exceed $279,000,000.

31.31 	Sec. 24. DESIGN-BUILD CONTRACTING PILOT PROGRAM.
 31.32 	The commissioner of transportation shall conduct a design-build contracting pilot 
31.33 	program to select local transportation projects for participation in the program, to conduct 
31.34 	information sessions for engineers and contractors, to support and evaluate the use of the 
32.1 	design-build method of contracting by counties and statutory and home rule charter cities 
32.2 	in constructing, improving, and maintaining streets and highways on the state-aid system, 
32.3 	and to report to the legislature.

32.4 	EFFECTIVE DATE. This section is effective the day following final enactment 
32.5 	and expires on October 1, 2012, or upon completion of nine design-build projects under 
32.6 	this pilot program, whichever occurs first.

32.7 	Sec. 25. DESIGN-BUILD PROJECT SELECTION COUNCIL.
 32.8 		Subdivision 1.Establishment of council. A Design-Build Project Selection 
32.9 	Council is established to select, evaluate, and support county and municipal transportation 
32.10 	projects on the state-aid system that are conducive to use of the design-build method of 
32.11 	contracting and to report to the legislature.
32.12 		Subd. 2.Duties of council. In order to accomplish these purposes, the council shall:
32.13 	(1) review applications for participation received by the commissioner from counties 
32.14 	and cities;
32.15 	(2) select for participation in the pilot program a maximum of 15 projects on the 
32.16 	state-aid system, no more than ten of which may be on the county state-aid highway 
32.17 	system, and no more than ten of which may be on the municipal state-aid street system;
32.18 	(3) determine that the use of design-build in the selected projects would serve the 
32.19 	public interest, after considering, at a minimum:
32.20 	(i) the extent to which the municipality can adequately define the project 
32.21 	requirements in a proposed scope of the design and construction desired;
32.22 	(ii) the time constraints for delivery of the project;
32.23 	(iii) the capability of potential contractors with the design-build method of project 
32.24 	delivery;
32.25 	(iv) the suitability of the project for use of the design-build method of project 
32.26 	delivery with respect to time, schedule, costs, and quality factors;
32.27 	(v) the capability of the municipality to manage the project, including the 
32.28 	employment of experienced personnel or outside consultants; and
32.29 	(vi) the original character of the product or the services;
32.30 	(4) periodically review and evaluate the use of design-build in the selected projects; 
32.31 	and 
32.32 	(5) assist the commissioner in preparing a report to the legislature at the conclusion 
32.33 	of the pilot program.
32.34 		Subd. 3.Membership. (a) The council is composed of the following members:
33.1 	(1) two contractors, at least one of whom represents a small contracting firm, 
33.2 	selected by the Associated General Contractors, Minnesota chapter;
33.3 	(2) two project designers selected by the American Council of Engineering 
33.4 	Companies, Minnesota chapter;
33.5 	(3) one representative of a metropolitan area county selected by the Association 
33.6 	of Minnesota Counties;
33.7 	(4) one representative of a greater Minnesota county selected by the Association 
33.8 	of Minnesota Counties;
33.9 	(5) one representative of a metropolitan area city selected by the League of 
33.10 	Minnesota Cities;
33.11 	(6) one representative of a greater Minnesota city selected by the League of 
33.12 	Minnesota Cities; and
33.13 	(7) the commissioner of transportation or a designee from the Minnesota Department 
33.14 	of Transportation Division of State Aid for Local Transportation.
33.15 	(b) All appointments required by paragraph (a) must be completed by August 
33.16 	1, 2009.
33.17 	(c) The commissioner or the commissioner's designee shall convene the first meeting 
33.18 	of the council within two weeks after the members have been appointed to the council and 
33.19 	shall serve as chair of the council.

33.20 	EFFECTIVE DATE. This section is effective the day following final enactment 
33.21 	and expires on October 1, 2012, or upon completion of nine design-build projects under 
33.22 	this pilot program, whichever occurs first.

33.23 	Sec. 26. DESIGN-BUILD CONTRACTING PILOT PROGRAM.
 33.24 		Subdivision 1.Definitions. The following terms have the meanings given:
33.25 	(1) "commissioner" means the commissioner of transportation;
33.26 	(2) "municipality" means a county or statutory or home rule charter city;
33.27 	(3) "design-build contract" means a single contract between a municipality and a 
33.28 	design-build company or firm to furnish the architectural or engineering and related design 
33.29 	services as well as the labor, material, supplies, equipment, and construction services for 
33.30 	the transportation project;
33.31 	(4) "design-build firm" means a proprietorship, partnership, limited liability 
33.32 	partnership, joint venture, corporation, any type of limited liability company, professional 
33.33 	corporation, or any legal entity;
33.34 	(5) "design professional" means a person who holds a license under Minnesota 
33.35 	Statutes, chapter 326B, that is required to be registered under Minnesota law;
34.1 	(6) "design-build transportation project" means the procurement of both the design 
34.2 	and construction of a transportation project in a single contract with a company or 
34.3 	companies capable of providing the necessary engineering services and construction;
34.4 	(7) "design-builder" means the design-build firm that proposes to design and build a 
34.5 	transportation project governed by the procedures of this section;
34.6 	(8) "request for proposals" or "RFP" means the document by which the municipality 
34.7 	solicits proposals from qualified design-build firms to design and construct the 
34.8 	transportation project;
34.9 	(9) "request for qualifications" or "RFQ" means a document to qualify potential 
34.10 	design-build firms; and
34.11 	(10) "responsive proposal" means a technical proposal of which no major component 
34.12 	contradicts the goals of the project, significantly violates an RFP requirement, or places 
34.13 	conditions on a proposal.
34.14 		Subd. 2.Licensing requirements.  (a) Each design-builder shall employ, or have 
34.15 	as a partner, member, officer, coventurer, or subcontractor, a person duly licensed and 
34.16 	registered to provide the design services required to complete the project and do business 
34.17 	in the state.
34.18 	(b) A design-builder may enter into a contract to provide professional or construction 
34.19 	services for a project that the design-builder is not licensed, registered, or qualified to 
34.20 	perform, so long as the design-builder provides those services through subcontractors with 
34.21 	duly licensed, registered, or otherwise qualified individuals in accordance with Minnesota 
34.22 	Statutes, sections 161.3410 to 161.3428.
34.23 	(c) Nothing in this section authorizing design-build contracts is intended to limit or 
34.24 	eliminate the responsibility or liability owed by a professional on a design-build project to 
34.25 	the state, municipality, or other third party under existing law.
34.26 	(d) The design service portion of a design-build contract must be considered a 
34.27 	service and not a product.
34.28 		Subd. 3.Information session for municipal engineer. After a project is selected 
34.29 	for participation in the design-build contracting pilot program, the commissioner or the 
34.30 	commissioner's designee with design-build experience shall conduct an information 
34.31 	session for the municipality's engineer for each selected project, in which issues unique 
34.32 	to design-build must be discussed, including, but not limited to, writing an RFP, project 
34.33 	oversight requirements, assessing risk, and communication with the design-build firm. 
34.34 	After participation in the information session, the municipality's engineer is qualified to 
34.35 	post the selected project, along with any future design-build project RFP in the pilot 
34.36 	program.
35.1 		Subd. 4.Technical Review Committee. During the phase one RFQ and before 
35.2 	solicitation, the municipality shall appoint a Technical Review Committee of at least 
35.3 	five individuals. The Technical Review Committee must include an individual whose 
35.4 	name and qualifications are submitted to the municipality by the Minnesota chapter of 
35.5 	the Associated General Contractors, after consultation with other commercial contractor 
35.6 	associations in the state. Members of the Technical Review Committee who are not state 
35.7 	employees are subject to the Minnesota Government Data Practices Act and Minnesota 
35.8 	Statutes, section 16C.06, to the same extent that state agencies are subject to those 
35.9 	provisions. A Technical Review Committee member may not participate in the review or 
35.10 	discussion of responses to the RFQ or RFP when a design-build firm in which the member 
35.11 	has a financial interest has responded to the RFQ or RFP. "Financial interest" includes, 
35.12 	but is not limited to, being or serving as an owner, employee, partner, limited liability 
35.13 	partner, shareholder, joint venturer, family member, officer, or director of a design-build 
35.14 	firm responding to an RFQ or RFP for a specific project, or having any other economic 
35.15 	interest in that design-build firm. The members of the Technical Review Committee must 
35.16 	be treated as municipal employees in the event of litigation resulting from any action 
35.17 	arising out of their service on the committee.
35.18 		Subd. 5.Phase one; design-build RFQ. The municipality shall prepare an RFQ, 
35.19 	which must include the following:
35.20 	(1) the minimum qualifications of design-builders necessary to meet the requirements 
35.21 	for acceptance;
35.22 	(2) a scope of work statement and schedule;
35.23 	(3) documents defining the project requirements;
35.24 	(4) the form of contract to be awarded;
35.25 	(5) the weighted selection criteria for compiling a short list and the number of firms 
35.26 	to be included in the short list, which must be at least two but not more than five;
35.27 	(6) a description of the request for proposals (RFP) requirements;
35.28 	(7) the maximum time allowed for design and construction;
35.29 	(8) the municipality's estimated cost of design and construction;
35.30 	(9) requirements for construction experience, design experience, financial, personnel, 
35.31 	and equipment resources available from potential design-builders for the project and 
35.32 	experience in other design-build transportation projects or similar projects, provided that 
35.33 	these requirements may not unduly restrict competition; and
35.34 	(10) a statement that "past performance" or "experience" or other criteria used in the 
35.35 	RFQ evaluation process does not include the exercise or assertion of a person's legal rights.
36.1 		Subd. 6.Information session for prospective design-build firms. After a 
36.2 	design-build project is advertised, any prospective design-build firm shall attend a 
36.3 	design-build information session conducted by the commissioner or the commissioner's 
36.4 	designee with design-build experience. The information must include information about 
36.5 	design-build contracts, including, but not limited to, communication with partner firms, 
36.6 	project oversight requirements, assessing risk, and communication with the municipality's 
36.7 	engineer. After participation in the information session, the design-build firm is eligible to 
36.8 	bid on the design-build project and any future design-build pilot program projects.
36.9 		Subd. 7.Evaluation. The selection team shall evaluate the design-build 
36.10 	qualifications of responding firms and shall compile a short list of no more than five 
36.11 	most highly qualified firms in accordance with qualifications criteria described in the 
36.12 	RFQ. If only one design-build firm responds to the RFQ or remains on the short list, the 
36.13 	municipality may readvertise or cancel the project as the municipality deems necessary.
36.14 		Subd. 8.Phase two; design-build RFP. The municipality shall prepare an RFP, 
36.15 	which must include:
36.16 	(1) the scope of work, including (i) performance and technical requirements, (ii) 
36.17 	conceptual design, (iii) specifications, and (iv) functional and operational elements for 
36.18 	the delivery of the completed project, all of which must be prepared by a registered or 
36.19 	licensed professional engineer;
36.20 	(2) copies of the contract documents that the successful proposer will be expected to 
36.21 	sign;
36.22 	(3) the maximum time allowable for design and construction;
36.23 	(4) the road authority's estimated cost of design and construction;
36.24 	(5) the requirement that a submitted proposal be segmented into two parts, a 
36.25 	technical proposal and a price proposal;
36.26 	(6) the requirement that each proposal be in a separately sealed, clearly identified 
36.27 	package and include the date and time of the submittal deadline;
36.28 	(7) the requirement that the technical proposal include a critical path method, 
36.29 	bar schedule of the work to be performed, or similar schematic; preliminary design 
36.30 	plans and specifications; technical reports; calculations; permit requirements; applicable 
36.31 	development fees; and other data requested in the RFP;
36.32 	(8) the requirement that the price proposal contain all design, construction, 
36.33 	engineering, inspection, and construction costs of the proposed project;
36.34 	(9) the date, time, and location of the public opening of the sealed price proposals; 
36.35 	(10) the amount of, and eligibility for, a stipulated fee;
36.36 	(11) other information relevant to the project; and
37.1 	(12) a statement that "past performance," "experience," or other criteria used in the 
37.2 	RFP evaluation process does not include the exercise or assertion of a person's legal rights.
37.3 		Subd. 9.Design-build award; computation; announcement. A design-build 
37.4 	contract shall be awarded as follows:
37.5 	(a) The Technical Review Committee shall score the technical proposals of the 
37.6 	proposers selected under subdivision 7 using the selection criteria in the RFP. The 
37.7 	Technical Review Committee shall then submit a technical proposal score for each 
37.8 	design-builder to the municipality. The Technical Review Committee shall reject any 
37.9 	nonresponsive proposal. The municipality shall review the technical proposal scores.
37.10 	(b) The commissioner or the commissioner's designee shall review the technical 
37.11 	proposal scores. The commissioner shall submit the final technical proposal scores to the 
37.12 	municipality.
37.13 	(c) The municipality shall announce the technical proposal score for each 
37.14 	design-builder and shall publicly open the sealed price proposals and shall divide each 
37.15 	design-builder's price by the technical score that the commissioner has given to it to obtain 
37.16 	an adjusted score. The design-builder selected must be that responsive and responsible 
37.17 	design-builder whose adjusted score is the lowest.
37.18 	(d) If a time factor is included with the selection criteria in the RFP package, the 
37.19 	municipality may use a value of the time factor established by the municipality as a 
37.20 	criterion in the RFP.
37.21 	(e) Unless all proposals are rejected, the municipality shall award the contract 
37.22 	to the responsive and responsible design-builder with the lowest adjusted score. The 
37.23 	municipality shall reserve the right to reject all proposals.
37.24 	(f) The municipality shall award a stipulated fee not less than two-tenths of one 
37.25 	percent of the municipality's estimated cost of design and construction to each short-listed, 
37.26 	responsible proposer who provides a responsive but unsuccessful proposal. If the 
37.27 	municipality does not award a contract, all short-listed proposers must receive the 
37.28 	stipulated fee. If the municipality cancels the contract before reviewing the technical 
37.29 	proposals, the municipality shall award each design-builder on the short list a stipulated 
37.30 	fee of not less than two-tenths of one percent of the municipality's estimated cost of 
37.31 	design and construction. The municipality shall pay the stipulated fee to each proposer 
37.32 	within 90 days after the award of the contract or the decision not to award a contract. 
37.33 	In consideration for paying the stipulated fee, the municipality may use any ideas or 
37.34 	information contained in the proposals in connection with any contract awarded for the 
37.35 	project or in connection with a subsequent procurement, without any obligation to pay 
37.36 	any additional compensation to the unsuccessful proposers. Notwithstanding the other 
38.1 	provisions of this subdivision, an unsuccessful short-list proposer may elect to waive 
38.2 	the stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated 
38.3 	fee, the municipality may not use ideas and information contained in that proposer's 
38.4 	proposal. Upon the request of the municipality, a proposer who waived a stipulated fee 
38.5 	may withdraw the waiver, in which case the municipality shall pay the stipulated fee to the 
38.6 	proposer and thereafter may use ideas and information in the proposer's proposal.
38.7 		Subd. 10.Low-bid design-build process. (a) The municipality may also use 
38.8 	low-bid, design-build procedures to award a design-build contract where the scope of 
38.9 	the work can be clearly defined.
38.10 	(b) Low-bid design-build projects may require an RFQ and short-listing, and must 
38.11 	require an RFP.
38.12 	(c) Submitted proposals under this subdivision must include separately a technical 
38.13 	proposal and a price proposal. The low-bid, design-build procedures must follow a 
38.14 	two-step process for review of the responses to the RFP as follows:
38.15 	(1) the first step is the review of the technical proposal by the Technical Review 
38.16 	Committee as provided in subdivision 4. The Technical Review Committee must open 
38.17 	the technical proposal first and must determine if it complies with the requirements of the 
38.18 	RFP and is responsive. The Technical Review Committee may not perform any ranking 
38.19 	or scoring of the technical proposals; and
38.20 	(2) the second step is the determination of the low bidder based on the price 
38.21 	proposal. The municipality may not open the price proposal until the review of the 
38.22 	technical proposal is complete.
38.23 	(d) The contract award under low-bid, design-build procedures must be made to the 
38.24 	proposer whose sealed bid is responsive to the technical requirements as determined by 
38.25 	the Technical Review Committee and that is also the lowest bid.
38.26 	(e) A stipulated fee may be paid for unsuccessful bids on low-bid, design-build 
38.27 	projects only when the municipality has required an RFQ and short-listed the most highly 
38.28 	qualified responsive bidders.

38.29 	EFFECTIVE DATE. This section is effective the day following final enactment 
38.30 	and expires on October 1, 2012, or upon completion of nine design-build projects under 
38.31 	this pilot program, whichever occurs first.

38.32 	Sec. 27. REPORT TO LEGISLATURE.
 38.33 	Annually, by January 15, the council shall submit a report to the chairs and ranking 
38.34 	minority members of the legislative committees with jurisdiction over transportation 
38.35 	budget and policy, and to the legislature as provided under Minnesota Statutes, section 
39.1 	15.059. The report must summarize the design-build pilot program selection process, 
39.2 	including the number of applications considered; the proposal process for each project 
39.3 	that was selected; the contracting process for each project that was completed; and project 
39.4 	costs. The report must evaluate the process and results applying the performance-based 
39.5 	measures with which the commissioner evaluates trunk highway design-build projects. 
39.6 	The report must include any recommendations for future legislation.

39.7 	EFFECTIVE DATE. This section is effective the day following final enactment 
39.8 	and expires on October 1, 2012, or upon completion of nine design-build projects under 
39.9 	this pilot program, whichever occurs first.

39.10 	Sec. 28. PROHIBITION OF IMPOSITION OF SEASONAL LOAD 
39.11 	RESTRICTIONS.
 39.12 	The commissioner of transportation may not impose seasonal restrictions as to the 
39.13 	weight of vehicles to be operated on marked Trunk Highway 11 between the cities of 
39.14 	Baudette and International Falls.

39.15 	EFFECTIVE DATE. This section is effective when the commissioner begins major 
39.16 	construction or reconstruction on any portion of marked Trunk Highway 11, and expires 
39.17 	when the reconstruction of marked Trunk Highway 11 is completed.

39.18 	Sec. 29. SEAT BELT.
 39.19 	Sections 8 and 9 may be cited as the "Kathryn Swanson Seat Belt Safety Act."

39.20 	Sec. 30. APPLICATION.
 39.21 	Section 16 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
39.22 	Scott, and Washington.