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HF 2801

1st Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:27 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act 1.2relating to transportation; requiring the commissioner of transportation to 1.3implement complete streets policy; providing for issuance of limited drivers' 1.4licenses; providing for certain special license plates; requiring reports; 1.5appropriating money for trunk highways; authorizing sale of bonds; appropriating 1.6money and changing appropriations for certain transportation and public safety 1.7programs and activities;amending Minnesota Statutes 2008, sections 162.02, 1.8subdivision 3a; 162.09, subdivision 3a; 168.1291, subdivisions 1, 2; 168.1293; 1.9171.30, subdivision 1, as amended if enacted; Laws 2009, chapter 36, article 1, 1.10sections 1; 5, subdivisions 1, 3, 4; proposing coding for new law in Minnesota 1.11Statutes, chapters 168; 174; repealing amendments to Minnesota Statutes 2008, 1.12section 168.1293, contained in section 23 of S.F. No. 2540, if enacted. 1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14ARTICLE 1 1.15IMPLEMENTATION 1.16    Section 1. Minnesota Statutes 2008, section 162.02, subdivision 3a, is amended to read: 1.17    Subd. 3a. Variances from rules and engineering standards. new text begin (a) Subject to section new text end 1.18new text begin 174.75, subdivision 6,new text end the commissioner may grant variances from the rules and from the 1.19engineering standards developed pursuant to section 162.021 or 162.07, subdivision 2. A 1.20political subdivision in which a county state-aid highway is located or is proposed to be 1.21located may submit a written request to the commissioner for a variance for that highway. 1.22new text begin (b)new text end The commissioner shall publish notice of the request in the State Register and 1.23give notice to all persons known to the commissioner to have an interest in the matter. The 1.24commissioner may grant or deny the variance within 30 days of providing notice of the 1.25request. If a written objection to the request is received within seven days of providing 1.26notice, the variance shall be granted or denied only after a contested case hearing has been 1.27held on the request. If no timely objection is received and the variance is denied without 2.1hearing, the political subdivision may request, within 30 days of receiving notice of denial, 2.2and shall be granted a contested case hearing. 2.3new text begin (c) new text end For purposes of this subdivision, "political subdivision" includes (1) an agency of 2.4a political subdivision which has jurisdiction over parks, and (2) a regional park authority. 2.5    Sec. 2. Minnesota Statutes 2008, section 162.09, subdivision 3a, is amended to read: 2.6    Subd. 3a. Variances from rules and engineering standards. (a) new text begin Subject to section new text end 2.7new text begin 174.75, subdivision 6,new text end the commissioner may grant variances from the rules and from the 2.8engineering standards developed pursuant to section 162.13, subdivision 2. A political 2.9subdivision in which a municipal state-aid street is located or is proposed to be located 2.10may submit a written request to the commissioner for a variance for that street. 2.11(b) The commissioner shall publish notice of the request in the State Register and 2.12give notice to all persons known to the commissioner to have an interest in the matter. The 2.13commissioner may grant or deny the variance within 30 days of providing notice of the 2.14request. If a written objection to the request is received within seven days of providing 2.15notice, the variance shall be granted or denied only after a contested case hearing has been 2.16held on the request. If no timely objection is received and the variance is denied without 2.17hearing, the political subdivision may request, within 30 days of receiving notice of denial, 2.18and shall be granted a contested case hearing. 2.19(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of 2.20a political subdivision which has jurisdiction over parks, and (2) a regional park authority. 2.21    Sec. 3. new text begin [174.75] COMPLETE STREETS.new text end 2.22    new text begin Subdivision 1.new text end new text begin Definition.new text end new text begin "Complete streets" is the planning, scoping, design, new text end 2.23new text begin implementation, operation, and maintenance of roads in order to reasonably address the new text end 2.24new text begin safety and accessibility needs of users of all ages and abilities. Complete streets considers new text end 2.25new text begin the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial new text end 2.26new text begin and emergency vehicles moving along and across roads, intersections, and crossings in a new text end 2.27new text begin manner that is sensitive to the local context and recognizes that the needs vary in urban, new text end 2.28new text begin suburban, and rural settings.new text end 2.29    new text begin Subd. 2.new text end new text begin Application.new text end new text begin Complete streets applies to every road construction, new text end 2.30new text begin reconstruction, or rehabilitation project funded partially or completely by the state.new text end 2.31    new text begin Subd. 3.new text end new text begin Implementation.new text end new text begin The commissioner shall implement a complete streets new text end 2.32new text begin policy after consultation with stakeholders, state and regional agencies, local governments, new text end 2.33new text begin and road authorities. The commissioner, after such consultation, shall address relevant new text end 3.1new text begin protocols, guidance, standards, requirements, training, and shall integrate related new text end 3.2new text begin principles of context-sensitive solutions.new text end 3.3    new text begin Subd. 4.new text end new text begin Report.new text end new text begin Beginning in 2011, the commissioner shall report on the new text end 3.4new text begin implementation of the complete streets policy in the agency's biennial budget submission new text end 3.5new text begin under section 174.02.new text end 3.6    new text begin Subd. 5.new text end new text begin Local road authorities.new text end new text begin Local road authorities are encouraged, but not new text end 3.7new text begin required, to create and adopt complete streets policies for their roads that reflect local new text end 3.8new text begin context and goals. Nothing in this section may be construed to prohibit a local road new text end 3.9new text begin authority from adopting a complete streets policy that incorporates or exceeds statutory new text end 3.10new text begin complete streets principles.new text end 3.11    new text begin Subd. 6.new text end new text begin Variances from engineering standards.new text end new text begin (a) When evaluating a request new text end 3.12new text begin for a variance from the engineering standards for state-aid projects under chapter 162 in new text end 3.13new text begin which the variance request is related to complete streets, the commissioner shall consider new text end 3.14new text begin the latest edition of: new text end 3.15new text begin (1) A Policy on Geometric Design of Highways and Streets, from the American new text end 3.16new text begin Association of State Highway and Transportation Officials; andnew text end 3.17new text begin (2) for projects in urban areas, the Context Sensitive Solutions in Designing Major new text end 3.18new text begin Urban Thoroughfares for Walkable Communities, from the Institute of Transportation new text end 3.19new text begin Engineers.new text end 3.20new text begin (b) If the commissioner denies a variance request related to complete streets, the new text end 3.21new text begin commissioner shall provide written reasons for the denial to the political subdivision new text end 3.22new text begin that submitted the request.new text end 3.23    Sec. 4. new text begin EFFECTIVE DATE.new text end 3.24new text begin This article is effective August 1, 2010.new text end 3.25ARTICLE 2 3.26REPORTS 3.27    Section 1. new text begin COMPLETE STREETS REPORTS.new text end 3.28new text begin The commissioner of transportation shall submit to the chairs and ranking minority new text end 3.29new text begin members of the house of representatives and senate committees with jurisdiction over new text end 3.30new text begin transportation policy and finance reports that:new text end 3.31new text begin (1) by January 15, 2011, summarize the department's complete streets initiatives, new text end 3.32new text begin summarize steps taken to expedite and improve the transparency of the state-aid variance new text end 3.33new text begin process related to complete streets, outline plans to develop and implement a complete new text end 3.34new text begin streets policy, and identify any statutory barriers to complete streets implementation;new text end 4.1new text begin (2) by January 15, 2012, summarize the results of the collaboration under Minnesota new text end 4.2new text begin Statutes, section 174.75, subdivision 3; identify modifications made to or recommended new text end 4.3new text begin for protocols, guidance, standards, or other requirements to facilitate complete streets new text end 4.4new text begin implementation; report status of development of complete streets performance indicators; new text end 4.5new text begin outline other work planned related to the complete streets policy; and identify statutory new text end 4.6new text begin recommendations to facilitate complete streets policy implementation; andnew text end 4.7new text begin (3) by January 15, 2014, overview the department's implementation of complete new text end 4.8new text begin streets policy; note updates to protocols, guidance, standards, or requirements; identify new text end 4.9new text begin any recommendations for supporting local complete streets implementation under the new text end 4.10new text begin state-aid standards variance process; and identify statutory recommendations to facilitate new text end 4.11new text begin complete streets policy implementation.new text end 4.12new text begin The reports in clauses (1), (2), and (3) must be made available electronically and new text end 4.13new text begin made available in print only upon request.new text end 4.14ARTICLE 3 4.15LICENSE PLATES 4.16    Section 1. new text begin [168.121] SPECIAL PLATES REMEMBERING VICTIMS OF new text end 4.17new text begin IMPAIRED DRIVERS.new text end 4.18    new text begin Subdivision 1.new text end new text begin Issuance and design.new text end new text begin Notwithstanding section 168.1293, the new text end 4.19new text begin commissioner shall issue special plates remembering victims of impaired drivers to an new text end 4.20new text begin applicant who:new text end 4.21new text begin (1) is a registered owner of a passenger automobile;new text end 4.22new text begin (2) pays a fee of $10 for each set of license plates applied for; andnew text end 4.23new text begin (3) complies with this chapter and rules governing registration of motor vehicles new text end 4.24new text begin and licensing of drivers.new text end 4.25    new text begin Subd. 2.new text end new text begin Design.new text end new text begin The commissioner shall design the special plate emblem so that it new text end 4.26new text begin bears an inscription "Remembering Victims of Impaired Drivers" and displays an image new text end 4.27new text begin of a broken heart.new text end 4.28    new text begin Subd. 3.new text end new text begin Plates transfer.new text end new text begin On payment of a transfer fee of $5, plates issued under this new text end 4.29new text begin section may be transferred to another passenger automobile registered to the individual new text end 4.30new text begin to whom the special plates were issued.new text end 4.31    new text begin Subd. 4.new text end new text begin Record.new text end new text begin The commissioner shall maintain a record of the number of new text end 4.32new text begin special plates issued under this section.new text end 4.33    new text begin Subd. 5.new text end new text begin Fees credited.new text end new text begin Fees collected under this section must be credited to the new text end 4.34new text begin vehicle services operating account in the special revenue fund.new text end 5.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 5.2    Sec. 2. Minnesota Statutes 2008, section 168.1291, subdivision 1, is amended to read: 5.3    Subdivision 1. Definition. For purposes of this section "special plates" means plates 5.4issued under sections 168.12, subdivisions 2b and 2e; new text begin 168.121;new text end 168.1235; and 168.129. 5.5new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 5.6    Sec. 3. Minnesota Statutes 2008, section 168.1291, subdivision 2, is amended to read: 5.7    Subd. 2. Uniform design of special plates. (a) The commissioner shall design a 5.8single special plate that will contain a unique number and a space for a unique emblem 5.9for plates issued under sections 168.12, subdivisions 2b and 2e; new text begin 168.121;new text end 168.1235; and 5.10168.129 . The commissioner shall design a unique emblem related to the purpose of each 5.11special plate. 5.12(b) Any provision of sections 168.12, subdivisions 2b to 2e; new text begin 168.121;new text end 168.123; 5.13and 168.129, that requires the placement of a specified letter or letters on a special plate 5.14applies to those plates only to the extent that the commissioner includes the letter or 5.15letters in the design. 5.16(c) If a law authorizing a special plate contains a specific requirement for graphic 5.17design of that plate, that requirement applies to the appropriate unique emblem. 5.18new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 5.19    Sec. 4. Minnesota Statutes 2008, section 168.1293, is amended to read: 5.20168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION, 5.21DISCONTINUANCE. 5.22    Subdivision 1. Definition. For purposes of this section and section ,new text begin the new text end 5.23new text begin following terms have the meanings given them:new text end 5.24new text begin (1)new text end "new text begin new new text end special plate"new text begin or "proposed special plate"new text end means anew text begin specialnew text end plate authorized 5.25by sections 168.12, subdivisions 2b and 2e; ; and , to have wording and 5.26graphics that differ from a Minnesota passenger vehicle plate.new text begin that is not authorized under new text end 5.27new text begin this chapter and for which legislation authorizing the plate, including but not limited to a new text end 5.28new text begin bill or amendment, is introduced or presented to the legislature; andnew text end 5.29new text begin (2) "proximate special plate" means a special plate (i) authorized under section new text end 5.30new text begin 168.12, subdivisions 2b and 2enew text end new text begin ; or new text end new text begin ; or (ii) authorized in law on or after August new text end 5.31new text begin 1, 2010.new text end 6.1    new text begin Subd. 1a.new text end new text begin Establishment of plate.new text end new text begin The commissioner may only establish a special new text end 6.2new text begin plate as authorized under this chapter. This requirement does not apply to alternative new text end 6.3new text begin or additional designs for a special plate.new text end 6.4    Subd. 2. Submissions to commissioner. (a) A person, legal entity, or other 6.5requester, however organized, that plans to seek legislation establishing a newnew text begin specialnew text end 6.6platenew text begin , or is a proponent of a new special plate,new text end shall submit the following information and 6.7fee to the commissioner: 6.8(1) The requester shall submit a request for the special plate being sought, describing 6.9the proposednew text begin specialnew text end plate in general terms, the purpose of the plate, and the proposed fee 6.10or minimum contribution required for the plate. 6.11(2) The requester shall submit the results of a scientific sample survey of Minnesota 6.12motor vehicle owners that indicates that at least 10,000 motor vehicle owners intend 6.13to purchase the proposed plate with the proposed fee or minimum contribution. The 6.14requester's plan to undertake the survey must be reported to the commissioner before the 6.15survey is undertaken. The survey must be performed independently of the requester by 6.16another person or legal entity, however organized, that conducts similar sample surveys 6.17in the normal course of business. 6.18(3) The requester shall submit an application fee of $20,000, to cover the cost of 6.19reviewing the application for a new plate and developing the new special plate if authorized 6.20by law. State funds may not be used to pay the application fee.new text begin This requirement does not new text end 6.21new text begin apply if legislation or a bill introduced to the legislature proposing the new special plate new text end 6.22new text begin contains a mechanism by which all costs incurred by the commissioner for development new text end 6.23new text begin and implementation of the plate are covered, provided that the application fee subsequently new text end 6.24new text begin does apply if such a mechanism is not enacted in the law authorizing the new special plate.new text end 6.25(4) The requester shall submit a marketing strategy that contains (i) short-term and 6.26long-term marketing plans for the requested plate, and (ii) a financial analysis showing 6.27the anticipated revenues and the planned expenditures of any fee or contribution derived 6.28from the requested plate. 6.29(b) The requester shall submit the information required under paragraph (a) to the 6.30commissioner at least 120 days before the convening of the next regular legislative session 6.31at which the requester will submit the proposal. 6.32    new text begin Subd. 2a.new text end new text begin Information for legislature.new text end new text begin (a) Within 15 days of the introduction of a new text end 6.33new text begin bill proposing a new special plate, the commissioner shall submit a briefing to the chairs new text end 6.34new text begin and ranking minority members of the house of representatives and senate committees to new text end 6.35new text begin which the bill was referred. At a minimum, the briefing must:new text end 6.36new text begin (1) summarize the requirements for a special plate under this section; andnew text end 7.1new text begin (2) identify which of the requirements have been met for the proposed special plate.new text end 7.2new text begin (b) If a proposed special plate is a topic of discussion at a legislative committee new text end 7.3new text begin hearing, the commissioner shall make every reasonable effort to provide testimony. The new text end 7.4new text begin testimony must include the information required in the briefing under paragraph (a).new text end 7.5new text begin (c) Notwithstanding section 3.195, the commissioner may submit the briefing under new text end 7.6new text begin paragraph (a) by submitting an electronic version rather than a printed version.new text end 7.7    Subd. 3. Design; redesign. (a) If the proposed new special plate sought by the 7.8requester is approved by law, the requester shall submit the proposed design for the plate 7.9to the commissioner as soon as practicable, but not later than 120 days after the effective 7.10date of the law authorizing issuance of the plate. The commissioner is responsible for 7.11selecting the final design for the special plate. 7.12(b) The requester that originally requested anew text begin newnew text end special plate subsequently approved 7.13by law may not submit a new design for the plate within the five years following the date 7.14of first issuance of the plate unless the inventory of those plates has been exhausted. 7.15The requester may deplete the remaining inventory of the plates by reimbursing the 7.16commissioner for the cost of the plates. 7.17    Subd. 4. Refund of fee. If the special plate requested is not authorized in the 7.18legislative session at which authorization was sought, the commissioner shallnew text begin , if new text end 7.19new text begin applicable,new text end refund $17,500 of the application fee to the requester. 7.20    Subd. 5. Discontinuance of plate. (a) The commissioner shall discontinue the 7.21issuance or renewal of anynew text begin proximatenew text end special plate authorized by sections 168.12, 7.22subdivisions 2b and 2e ; ; and , if (1) fewer than 1,000 sets of those 7.23plates are currently registered at the end of the first six years during which the plates are 7.24available, or (2) fewer than 1,000 sets of those plates are currently registered at the end of 7.25any subsequent two-year period following the first six years of availability. 7.26(b) The commissioner shall discontinue the issuance or renewal of anynew text begin proximatenew text end 7.27special plate authorized by sections 168.12, subdivisions 2b and 2e; ; 7.28and , and distribution of any contributions resulting from that plate, if the 7.29commissioner determines that (1) the fund or requester receiving the contributions no 7.30longer exists, (2) the requester has stopped providing services that are authorized to be 7.31funded from the contribution proceeds, (3) the requester has requested discontinuance, or 7.32(4) contributions have been used in violation of subdivision 6. 7.33(c) Nothing in this subdivision applies to plates issued under section 168.123, 7.34new text begin 168.1235, new text end 168.124 , 168.125, 168.1251, or 168.1255. 7.35new text begin (d) Upon commencing discontinuance of a proximate special plate under this new text end 7.36new text begin subdivision, the commissioner (1) shall not issue the plate, including as a duplicate; and new text end 8.1new text begin (2) shall allow retention of any existing plate for the regular period. For purposes of this new text end 8.2new text begin paragraph, "regular period" may be, as appropriate, the period specified under section new text end 8.3new text begin 168.12, subdivision 1; the time until issuance of a duplicate plate for that vehicle; or as new text end 8.4new text begin otherwise provided by law.new text end 8.5    Subd. 6. Use of contributions. Contributions made as a condition of obtaining anew text begin new text end 8.6new text begin proximatenew text end special plate authorized by sections 168.12, subdivisions 2b and 2e; ; 8.7and , and interest earned on the contributions, may not be spent for commercial or 8.8for-profit purposes. 8.9    Subd. 7. Deposit of fee; appropriation. The commissioner shall deposit the 8.10application fee under subdivision 2, paragraph (a), clause (3), in the vehicle services 8.11operating account of the special revenue fund under section 299A.705. An amount 8.12sufficient to pay the department's cost in implementing and administering this section, 8.13including payment of refunds under subdivision 4, is appropriated to the commissioner. 8.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2010.new text end 8.15    Sec. 5. new text begin REPEALER.new text end 8.16new text begin The amendments to Minnesota Statutes 2008, section 168.1293, contained in section new text end 8.17new text begin 23 of 2010 S.F. No. 2540, if enacted, are repealed and the provisions it amended are new text end 8.18new text begin revived, effective the day following final enactment.new text end 8.19ARTICLE 4 8.20ROAD CONSTRUCTION 8.21    Section 1. new text begin STATE ROAD CONSTRUCTION APPROPRIATION.new text end 8.22new text begin $30,000,000 is appropriated from the bond proceeds account in the trunk highway new text end 8.23new text begin fund in fiscal year 2011 to the commissioner of transportation for the actual construction, new text end 8.24new text begin reconstruction, and improvement of trunk highways, including design-build contracts and new text end 8.25new text begin consultant usage to support these activities. This includes the cost of actual payments to new text end 8.26new text begin landowners for lands acquired for highway rights-of-way, payments to lessees, interest new text end 8.27new text begin subsidies, and relocation expenses. The commissioner may use up to $5,100,000 of this new text end 8.28new text begin amount for program delivery.new text end 8.29    Sec. 2. new text begin INTERCHANGE ACCOUNT APPROPRIATION.new text end 8.30new text begin $70,000,000 is appropriated from the bond proceeds account in the trunk highway new text end 8.31new text begin fund in fiscal year 2011 to the commissioner of transportation for construction of new text end 8.32new text begin interchanges involving a trunk highway, where the interchange will promote economic new text end 9.1new text begin development, increase employment, relieve growing traffic congestion, and promote traffic new text end 9.2new text begin safety. The amount under this paragraph must be allocated 50 percent to the department's new text end 9.3new text begin metropolitan district, and 50 percent to districts in greater Minnesota.new text end 9.4    Sec. 3. new text begin BOND SALE EXPENSES.new text end 9.5new text begin $100,000 is appropriated from the bond proceeds account in the trunk highway fund new text end 9.6new text begin to the commissioner of finance for bond sale expenses under Minnesota Statutes, sections new text end 9.7new text begin 16A.641, subdivision 8, and 167.50, subdivision 4.new text end 9.8    Sec. 4. new text begin TRUNK HIGHWAY BONDS AUTHORIZATION.new text end 9.9new text begin To provide the money appropriated in sections 1, 2, and 3 from the bond proceeds new text end 9.10new text begin account in the trunk highway fund, the commissioner of management and budget shall new text end 9.11new text begin sell and issue bonds of the state in an amount up to $100,100,000 in the manner, upon the new text end 9.12new text begin terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, new text end 9.13new text begin and by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts new text end 9.14new text begin requested by the commissioner of transportation. The proceeds of the bonds, except new text end 9.15new text begin accrued interest and any premium received from the sale of the bonds, must be deposited new text end 9.16new text begin in the bond proceeds account in the trunk highway fund.new text end 9.17    Sec. 5. new text begin EFFECTIVE DATE.new text end 9.18new text begin This article is effective the day following final enactment.new text end 9.19ARTICLE 5 9.20TRANSPORTATION TAX COMPLIANCE 9.21    Section 1. Laws 2009, chapter 36, article 1, section 1, is amended to read: 9.22 Section 1. SUMMARY OF APPROPRIATIONS.
9.23    The amounts shown in this section summarize direct appropriations, by fund, made 9.24in this article. 9.25 20102011Total 9.26 9.27 General $ 98,385,000 $ 95,885,000 new text begin 95,897,000new text end $ 194,270,000 new text begin 194,282,000new text end 9.28 Airports 21,909,000 19,659,000 41,568,000 9.29 C.S.A.H. 496,786,000 524,478,000 1,021,264,000 9.30 M.S.A.S. 134,003,000 141,400,000 275,403,000 9.31 9.32 Special Revenue 49,038,000 49,038,000 new text begin 49,088,000new text end 98,076,000 new text begin 98,126,000new text end 10.1 10.2 H.U.T.D. 9,538,000 9,838,000 new text begin 10,017,000new text end 19,376,000 new text begin 19,555,000new text end 10.3 10.4 Trunk Highway 1,264,921,000 1,372,687,000 new text begin 1,372,496,000new text end 2,637,608,000 new text begin 2,637,417,000new text end 10.5 10.6 Total$2,074,580,000$2,212,985,000new text begin new text end new text begin 2,213,035,000new text end $4,287,565,000new text begin new text end new text begin 4,287,615,000new text end
10.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end 10.8    Sec. 2. Laws 2009, chapter 36, article 1, section 5, subdivision 1, is amended to read: 10.9 10.10 Subdivision 1.Total Appropriation$152,478,000$152,578,000new text begin new text end new text begin 152,628,000new text end
10.11 Appropriations by Fund 10.12 2010 2011 10.13 10.14 General 7,959,000 7,959,000 new text begin 7,971,000new text end 10.15 10.16 Special Revenue 49,038,000 49,038,000 new text begin 49,088,000new text end 10.17 10.18 H.U.T.D. 9,413,000 9,713,000 new text begin 9,892,000new text end 10.19 10.20 Trunk Highway 86,068,000 85,868,000 new text begin 85,677,000new text end
10.21The amounts that may be spent for each 10.22purpose are specified in the following 10.23subdivisions. 10.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end 10.25    Sec. 3. Laws 2009, chapter 36, article 1, section 5, subdivision 3, is amended to read: 10.26 Subd. 3.State Patrol
10.27 10.28 (a) Patrolling Highways 71,522,000 71,522,000 new text begin 71,331,000new text end
10.29 Appropriations by Fund 10.30 General 37,000 37,000 10.31 H.U.T.D. 92,000 92,000 10.32 10.33 Trunk Highway 71,393,000 71,393,000 new text begin 71,202,000new text end
10.34new text begin The base appropriation from the trunk new text end 10.35new text begin highway fund in fiscal years 2012 and 2013 new text end 10.36new text begin is $71,393,000 for each fiscal year.new text end 11.1 (b) Commercial Vehicle Enforcement 7,996,000 7,796,000
11.2This appropriation is from the trunk highway 11.3fund. 11.4$800,000 the first year and $600,000 the 11.5second year are for the Office of Pupil 11.6Transportation Safety. 11.7 (c) Capitol Security 3,113,000 3,113,000
11.8This appropriation is from the general fund. 11.9The commissioner may not: (1) spend 11.10any money from the trunk highway fund 11.11for capitol security; or (2) permanently 11.12transfer any state trooper from the patrolling 11.13highways activity to capitol security. 11.14The commissioner may not transfer any 11.15money: (1) appropriated for Department of 11.16Public Safety administration, the patrolling of 11.17highways, commercial vehicle enforcement, 11.18or driver and vehicle services to capitol 11.19security; or (2) from capitol security. 11.20 new text begin (d) new text end new text begin Vehicle Crimes Unitnew text end new text begin -0-new text end new text begin 191,000new text end
11.21 new text begin Appropriations by Fundnew text end 11.22 new text begin Generalnew text end new text begin -0-new text end new text begin 12,000new text end 11.23 new text begin H.U.T.D.new text end new text begin -0-new text end new text begin 179,000new text end
11.24new text begin This appropriation is to investigate: (1) new text end 11.25new text begin registration tax and motor vehicle sales tax new text end 11.26new text begin liabilities from individuals and businesses new text end 11.27new text begin that currently do not pay all taxes owed; new text end 11.28new text begin and (2) illegal or improper activity related new text end 11.29new text begin to sale, transfer, titling, and registration of new text end 11.30new text begin motor vehicles.new text end 11.31new text begin This initiative is expected to result in new new text end 11.32new text begin revenues for the biennium as follows:new text end 12.1new text begin (1) $114,000 for the highway user tax new text end 12.2new text begin distribution fund;new text end 12.3new text begin (2) $75,000 for the transit assistance fund; new text end 12.4new text begin andnew text end 12.5new text begin (3) $13,000 for the general fund.new text end 12.6new text begin The general fund appropriation for fiscal year new text end 12.7new text begin 2011 is a onetime appropriation.new text end 12.8new text begin The base appropriation from the highway new text end 12.9new text begin user tax distribution fund in fiscal years 2012 new text end 12.10new text begin and 2013 is $693,000 for each fiscal year.new text end 12.11new text begin By February 1, 2015, the commissioner shall new text end 12.12new text begin submit a report to the house of representatives new text end 12.13new text begin and senate committees having jurisdiction new text end 12.14new text begin over transportation finance on the revenues new text end 12.15new text begin generated by the Vehicle Crimes Unit. This new text end 12.16new text begin report must be made available electronically new text end 12.17new text begin and made available in print only upon new text end 12.18new text begin request.new text end 12.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end 12.20    Sec. 4. Laws 2009, chapter 36, article 1, section 5, subdivision 4, is amended to read: 12.21 Subd. 4.Driver and Vehicle Services
12.22 12.23 (a) Vehicle Services 26,909,000 27,209,000 new text begin 27,259,000new text end
12.24 Appropriations by Fund 12.25 12.26 Special Revenue 18,973,000 18,973,000 new text begin 19,023,000new text end 12.27 H.U.T.D. 7,936,000 8,236,000
12.28The special revenue fund appropriation is 12.29from the vehicle services operating account. 12.30new text begin Of the appropriation for fiscal year 2011 new text end 12.31new text begin from the special revenue fund, $50,000 is new text end 12.32new text begin for assistance to the Vehicle Crimes Unit in new text end 13.1new text begin investigations as provided under subdivision new text end 13.2new text begin 3, paragraph (d).new text end 13.3 (b) Driver Services 28,712,000 28,712,000
13.4 Appropriations by Fund 13.5 Special Revenue 28,711,000 28,711,000 13.6 Trunk Highway 1,000 1,000
13.7The special revenue fund appropriation is 13.8from the driver services operating account. 13.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end 13.10ARTICLE 6 13.11LIMITED LICENSE 13.12    Section 1. Minnesota Statutes 2008, section 171.30, subdivision 1, as amended by 2010 13.13H.F. No. 3106, section 11, if enacted, is amended to read: 13.14    Subdivision 1. Conditions of issuance. (a) new text begin The commissioner may issue a limited new text end 13.15new text begin license to the driver under the conditions in paragraph (b) new text end in any case where a person's 13.16license has beennew text begin :new text end 13.17new text begin (1)new text end suspended under section 171.18, 171.173, or 171.186; 13.18new text begin (2)new text end revokednew text begin , canceled, or deniednew text end under sectionnew text begin :new text end 13.19new text begin (i)new text end 169.792; 13.20new text begin (ii)new text end 169.797; 13.21new text begin (iii)new text end 169A.52,new text begin :new text end 13.22new text begin (A)new text end subdivision 3, paragraph (a), clause (1),new text begin ornew text end (2),new text begin ;new text end 13.23new text begin (B) subdivision 3, paragraph (a), clausenew text end (4), (5), or (6), ornew text begin if in compliance with new text end 13.24new text begin section 171.306;new text end 13.25new text begin (C)new text end subdivision 4, paragraph (a), clause (1)new text begin or (2),new text end if the test results indicate an 13.26alcohol concentration of less than twice the legal limit, (2) if the test results indicate an 13.27alcohol concentration of less than twice the legal limit,new text begin ; ornew text end 13.28new text begin (D) subdivision 4, paragraph (a), clausenew text end (4), (5), or (6)new text begin , if in compliance with section new text end 13.29new text begin 171.306new text end ; 13.30new text begin (iv)new text end 171.17; or 13.31new text begin (v)new text end 171.172; or 13.32new text begin (3)new text end revoked, canceled, or denied under section 169A.54,new text begin :new text end 13.33new text begin (i)new text end subdivision 1, clause (1),new text begin if the test results indicate an alcohol concentration new text end 13.34new text begin of less than twice the legal limit;new text end 14.1new text begin (ii) subdivision 1, clausenew text end (2),new text begin ;new text end 14.2new text begin (iii) subdivision 1, clausenew text end (4), (5), or (6),new text begin if in compliance with section 171.306;new text end or 14.3new text begin (iv)new text end subdivision 2new text begin ,new text end if the person does not have a qualified prior impaired driving 14.4incident as defined in section 169A.03, subdivision 22, on the person's record, the 14.5commissioner may issue a limited license to the driver including under the following 14.6conditions:new text begin and the test results indicate an alcohol concentration of less than twice the new text end 14.7new text begin legal limit.new text end 14.8new text begin (b) The following conditions for a limited license under paragraph (a) include:new text end 14.9(1) if the driver's livelihood or attendance at a chemical dependency treatment or 14.10counseling program depends upon the use of the driver's license; 14.11(2) if the use of a driver's license by a homemaker is necessary to prevent the 14.12substantial disruption of the education, medical, or nutritional needs of the family of 14.13the homemaker; or 14.14(3) if attendance at a postsecondary institution of education by an enrolled student of 14.15that institution depends upon the use of the driver's license. 14.16(bnew text begin (cnew text end ) The commissioner in issuing a limited license may impose such conditions and 14.17limitations as in the commissioner's judgment are necessary to the interests of the public 14.18safety and welfare including reexamination as to the driver's qualifications. The license 14.19may be limited to the operation of particular vehicles, to particular classes and times of 14.20operation, and to particular conditions of traffic. The commissioner may require that an 14.21applicant for a limited license affirmatively demonstrate that use of public transportation 14.22or carpooling as an alternative to a limited license would be a significant hardship. 14.23(c)new text begin (d)new text end For purposes of this subdivision: (1) "homemaker" refers to the person 14.24primarily performing the domestic tasks in a household of residents consisting of at least 14.25the person and the person's dependent child or other dependents; and (2) "twice the legal 14.26limit" means an alcohol concentration of two times the limit specified in section 169A.20, 14.27subdivision 1 , clause (5). 14.28(d)new text begin (e)new text end The limited license issued by the commissioner shall clearly indicate the 14.29limitations imposed and the driver operating under the limited license shall have the 14.30license in possession at all times when operating as a driver. 14.31(e)new text begin (f)new text end In determining whether to issue a limited license, the commissioner shall 14.32consider the number and the seriousness of prior convictions and the entire driving record 14.33of the driver and shall consider the number of miles driven by the driver annually. 14.34(f)new text begin (g)new text end If the person's driver's license or permit to drive has been revoked under 14.35section 169.792 or 169.797, the commissioner may only issue a limited license to the 14.36person after the person has presented an insurance identification card, policy, or written 15.1statement indicating that the driver or owner has insurance coverage satisfactory to 15.2the commissioner of public safety. The commissioner of public safety may require 15.3the insurance identification card provided to satisfy this subdivision be certified by the 15.4insurance company to be noncancelable for a period not to exceed 12 months. 15.5(g)new text begin (h)new text end The limited license issued by the commissioner to a person under section 15.6171.186, subdivision 4 , must expire 90 days after the date it is issued. The commissioner 15.7must not issue a limited license to a person who previously has been issued a limited 15.8license under section 171.186, subdivision 4. 15.9(h)new text begin (i)new text end The commissioner shall not issue a limited driver's license to any person 15.10described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14). 15.11(i)new text begin (j)new text end The commissioner shall not issue a class A, class B, or class C limited license.