HF 2685

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 05/02/2012 03:13 p.m.

1.1A bill for an act 1.2relating to transportation; providing for alternatives for contracting and 1.3procurement, state aid, traffic regulations and reports, vehicles, vehicle 1.4titles, school buses, overweight vehicles, fuel tax and motor vehicle sales 1.5tax exemptions, transit fares, and studies; providing penalties; appropriating 1.6money;amending Minnesota Statutes 2010, sections 13.72, by adding a 1.7subdivision; 161.14, by adding subdivisions; 162.02, subdivisions 2, 3; 162.09, 1.8subdivisions 2, 3, 4; 162.13, subdivision 1; 162.155; 165.01; 165.03; 168.013, 1.9subdivision 3; 168A.01, subdivisions 6a, 8a, 12a; 168A.151, subdivision 1; 1.10169.011, subdivisions 4, 45; 169.06, subdivision 4; 169.09, subdivision 13; 1.11169.222, subdivision 6; 169.223, subdivision 5; 169.79, subdivision 6; 169.86, 1.12by adding a subdivision; 169.865, subdivisions 1, 2, 4; 169.872, subdivision 1.131a; 169.98, subdivisions 1, 3; 171.306, subdivisions 1, 4; 174.03, by adding a 1.14subdivision; 221.091, subdivision 2; 222.63, subdivision 9; 296A.07, subdivision 1.154; 296A.08, subdivision 3; 297A.68, subdivision 19; 299D.085, subdivision 1.162, by adding a subdivision; 299D.09; 325F.6641; 325F.6644, subdivision 1; 1.17Minnesota Statutes 2011 Supplement, sections 169.86, subdivision 5; 297B.03; 1.18proposing coding for new law in Minnesota Statutes, chapters 161; 171; 174; 1.19repealing Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200; 8810.9300; 1.208810.9400; 8810.9500; 8810.9600; 8810.9700. 1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22ARTICLE 1 1.23TRANSPORTATION POLICY 1.24    Section 1. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision 1.25to read: 1.26     new text begin Subd. 17. new text end new text begin Construction manager/general contractor data. new text end new text begin When the Department new text end 1.27 new text begin of Transportation undertakes a construction manager/general contractor contract, as new text end 1.28 new text begin defined and authorized in sections 161.3207 to 161.3209, the provisions of this subdivision new text end 1.29 new text begin apply. new text end 1.30 new text begin (a) When the commissioner of transportation solicits a request for qualifications: new text end 2.1 new text begin (1) the following data are classified as protected nonpublic: new text end 2.2 new text begin (i) the statement of qualifications scoring evaluation manual; and new text end 2.3 new text begin (ii) the statement of qualifications evaluations; new text end 2.4 new text begin (2) the following data are classified as nonpublic: the statement of qualifications new text end 2.5 new text begin submitted by a potential construction manager/general contractor; and new text end 2.6 new text begin (3) the following data are classified as private data: identifying information new text end 2.7 new text begin concerning the members of the technical review committee. new text end 2.8 new text begin (b) When the commissioner of transportation announces the short list of qualified new text end 2.9 new text begin construction managers/general contractors, the following data become public: new text end 2.10 new text begin (1) the statement of qualifications scoring evaluation manual; and new text end 2.11 new text begin (2) the statement of qualifications evaluations. new text end 2.12 new text begin (c) When the commissioner of transportation solicits a request for proposals: new text end 2.13 new text begin (1) the following data are classified as protected nonpublic: the proposal scoring new text end 2.14 new text begin manual; and new text end 2.15 new text begin (2) the following data are classified as nonpublic data: new text end 2.16 new text begin (i) the proposals submitted by a potential construction manager/general contractor; new text end 2.17 new text begin and new text end 2.18 new text begin (ii) the proposal evaluations. new text end 2.19 new text begin (d) When the commissioner of transportation has completed the ranking of proposals new text end 2.20 new text begin and announces the selected construction manager/general contractor, the proposal new text end 2.21 new text begin evaluation score or rank and proposal evaluations become public. new text end 2.22 new text begin (e) When the commissioner of transportation conducts contract negotiations new text end 2.23 new text begin with a construction manager/general contractor, government data created, collected, new text end 2.24 new text begin stored, and maintained during those negotiations are nonpublic data until a construction new text end 2.25 new text begin manager/general contractor contract is fully executed. new text end 2.26 new text begin (f) When the construction manager/general contractor contract is fully executed or new text end 2.27 new text begin when the commissioner of transportation decides to use another contract procurement new text end 2.28 new text begin process other than construction manager/general contractor authority authorized under new text end 2.29 new text begin section 161.3209, subdivision 3, paragraph (b), all remaining data not already made public new text end 2.30 new text begin under this subdivision become public. new text end 2.31 new text begin (g) If the commissioner of transportation rejects all responses to a request for new text end 2.32 new text begin proposals before a construction manager/general contractor contract is fully executed, new text end 2.33 new text begin all data other than that data made public under this subdivision retains its classification new text end 2.34 new text begin until a resolicitation of the request for proposals results in a fully executed construction new text end 2.35 new text begin manager/general contractor contract, or a determination is made to abandon the project. If new text end 3.1 new text begin a resolicitation of proposals does not occur within one year of the announcement of the new text end 3.2 new text begin request for proposals, the remaining data become public. new text end 3.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 3.4 new text begin and expires one year following the acceptance of ten construction manager/general new text end 3.5 new text begin contractor contracts. new text end 3.6    Sec. 2. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision 3.7to read: 3.8     new text begin Subd. 70. new text end new text begin Black and Yellow Trail. new text end new text begin Legislative Route No. 7, signed as Trunk new text end 3.9 new text begin Highway 14 as of the effective date of this section, from the border with South Dakota new text end 3.10 new text begin to the border with Wisconsin, is designated as the "Black and Yellow Trail." The new text end 3.11 new text begin commissioner shall adopt a suitable design to mark this highway and erect appropriate new text end 3.12 new text begin signs, subject to section 161.139. new text end 3.13    Sec. 3. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision 3.14to read: 3.15     new text begin Subd. 71. new text end new text begin James W. Swanson Minnesota River Bridge. new text end new text begin Notwithstanding section new text end 3.16 new text begin 10.49, the bridge over the Minnesota River on Trunk Highway 169 in the city of Mankato new text end 3.17 new text begin is designated the "James W. Swanson Minnesota River Bridge." The commissioner of new text end 3.18 new text begin transportation shall adopt a suitable design to mark this highway and erect appropriate new text end 3.19 new text begin signs, subject to section 161.139. new text end 3.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following notification of new text end 3.21 new text begin its approval by the District 7 Area Transportation Partnership to the commissioner of new text end 3.22 new text begin transportation. new text end 3.23    Sec. 4. new text begin [161.318] CONTINGENT APPROPRIATION TO FUND STATE ROAD new text end 3.24 new text begin OPERATION, MAINTENANCE, PLANNING, AND CONSTRUCTION. new text end 3.25     new text begin Subdivision 1. new text end new text begin Appropriation for state roads. new text end new text begin If, before July 1 of an odd-numbered new text end 3.26 new text begin year, legislation is not enacted to appropriate money to the commissioner of transportation new text end 3.27 new text begin for state roads in the next fiscal year, on July 1, an amount sufficient to pay the costs new text end 3.28 new text begin described in this subdivision is appropriated from the trunk highway fund to the new text end 3.29 new text begin commissioner of transportation for costs of contracts relating to state roads operation new text end 3.30 new text begin and maintenance, program planning and delivery, and state road construction. The new text end 3.31 new text begin appropriation must be sufficient to pay both the described contract costs and the costs of new text end 3.32 new text begin Department of Transportation employees whose work is essential to the administration new text end 4.1 new text begin and performance of the contracts. This section applies only to those contracts as to which new text end 4.2 new text begin funds were encumbered before the July 1 appropriation date. The commissioner of new text end 4.3 new text begin management and budget shall ensure that the commissioner of transportation is able to new text end 4.4 new text begin access money under this appropriation. Any subsequent appropriation to the commissioner new text end 4.5 new text begin of transportation for a biennium in which this subdivision has been applied shall supersede new text end 4.6 new text begin and replace the funding authorized in this subdivision. new text end 4.7     new text begin Subd. 2. new text end new text begin Continued operations. new text end new text begin If, by July 1 of an odd-numbered year, legislation new text end 4.8 new text begin has not been enacted to appropriate money for the next biennium to the commissioner new text end 4.9 new text begin of management and budget for central accounting, procurement, payroll, and human new text end 4.10 new text begin resources functions, amounts necessary to operate those functions stated in subdivision new text end 4.11 new text begin 1 are appropriated for the next biennium from the general fund to the commissioner of new text end 4.12 new text begin management and budget. As necessary, the commissioner may transfer a portion of new text end 4.13 new text begin this appropriation to other state agencies to support carrying out these functions. Any new text end 4.14 new text begin subsequent appropriation to the commissioner of management and budget for a biennium new text end 4.15 new text begin in which this section has been applied shall supersede and replace the funding authorized new text end 4.16 new text begin in this section. new text end 4.17    Sec. 5. new text begin [161.3207] CONSTRUCTION MANAGER/GENERAL CONTRACTOR new text end 4.18 new text begin CONTRACTS; DEFINITIONS. new text end 4.19     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin The terms used in sections 161.3207 to 161.3209 have the new text end 4.20 new text begin meanings given them in this section. new text end 4.21     new text begin Subd. 2. new text end new text begin Acceptance. new text end new text begin "Acceptance" means an action of the commissioner new text end 4.22 new text begin authorizing the execution of a construction manager/general contractor contract. new text end 4.23     new text begin Subd. 3. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of new text end 4.24 new text begin transportation. new text end 4.25     new text begin Subd. 4. new text end new text begin Construction manager/general contractor. new text end new text begin "Construction new text end 4.26 new text begin manager/general contractor" means a proprietorship, partnership, limited liability new text end 4.27 new text begin partnership, joint venture, corporation, any type of limited liability company, professional new text end 4.28 new text begin corporation, or any legal entity selected by the commissioner to act as a construction new text end 4.29 new text begin manager to manage the construction process, which includes, but is not limited to, new text end 4.30 new text begin responsibility for the price, schedule, and execution of preconstruction services or the new text end 4.31 new text begin workmanship of construction performed according to section 161.3209, or both. new text end 4.32     new text begin Subd. 5. new text end new text begin Construction manager/general contractor contract. new text end new text begin "Construction new text end 4.33 new text begin manager/general contractor contract" means a contract for construction of a project new text end 4.34 new text begin between a construction manager/general contractor and the commissioner, which new text end 4.35 new text begin must include terms providing for a price, construction schedule, and workmanship of new text end 5.1 new text begin the construction performed. The construction manager/general contractor contract new text end 5.2 new text begin may include provisions for incremental price contracts for specific work packages, new text end 5.3 new text begin additional work performed, contingencies, or other contract provisions that will allow the new text end 5.4 new text begin commissioner to negotiate time and cost changes to the contract. new text end 5.5     new text begin Subd. 6. new text end new text begin Past performance; experience. new text end new text begin "Past performance" or "experience" does new text end 5.6 new text begin not include the exercise or assertion of a person's legal rights. new text end 5.7     new text begin Subd. 7. new text end new text begin Preconstruction services. new text end new text begin "Preconstruction services" means all new text end 5.8 new text begin non-construction-related services that a construction manager/general contractor is new text end 5.9 new text begin allowed to perform before execution of a construction manager/general contractor contract new text end 5.10 new text begin or work package. new text end 5.11     new text begin Subd. 8. new text end new text begin Preconstruction services contract. new text end new text begin "Preconstruction services contract" new text end 5.12 new text begin means a contract under which a construction manager/general contractor is paid on the new text end 5.13 new text begin basis of the actual cost to perform the work specified in the contract plus an amount for new text end 5.14 new text begin overhead and profit for all preconstruction services. new text end 5.15     new text begin Subd. 9. new text end new text begin Project. new text end new text begin "Project" means any project selected by the commissioner as a new text end 5.16 new text begin construction manager/general contractor project under section 161.3208. new text end 5.17     new text begin Subd. 10. new text end new text begin Request for proposals; RFP. new text end new text begin "Request for proposals" or "RFP" means new text end 5.18 new text begin the document or publication soliciting proposals for a construction manager/general new text end 5.19 new text begin contractor contract. new text end 5.20     new text begin Subd. 11. new text end new text begin Request for qualifications; RFQ. new text end new text begin "Request for qualifications" or "RFQ" new text end 5.21 new text begin means a document or publication used to prequalify and short-list potential construction new text end 5.22 new text begin managers/general contractors. new text end 5.23     new text begin Subd. 12. new text end new text begin Work package. new text end new text begin "Work package" means the scope of work for a defined new text end 5.24 new text begin portion of a project. A defined portion includes construction services on any project new text end 5.25 new text begin aspect, including procuring materials or services. new text end 5.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 5.27 new text begin and expires one year following the acceptance of ten construction manager/general new text end 5.28 new text begin contractor contracts. new text end 5.29    Sec. 6. new text begin [161.3208] CONSTRUCTION MANAGER/GENERAL CONTRACTOR new text end 5.30 new text begin AUTHORITY. new text end 5.31     new text begin Subdivision 1. new text end new text begin Selection authority; limitation. new text end new text begin Notwithstanding sections 16C.25, new text end 5.32 new text begin 161.32, and 161.321, or any other law to the contrary, the commissioner may select a new text end 5.33 new text begin construction manager/general contractor as provided in section 161.3209, and award a new text end 5.34 new text begin construction manager/general contractor contract. The number of awarded contracts new text end 5.35 new text begin shall not exceed four in any calendar year. new text end 6.1     new text begin Subd. 2. new text end new text begin Determination. new text end new text begin Final determination to use a construction manager/general new text end 6.2 new text begin contractor contracting procedure may be made only by the commissioner. new text end 6.3     new text begin Subd. 3. new text end new text begin Cancellation. new text end new text begin The solicitation of construction manager/general contractor new text end 6.4 new text begin requests for qualifications or proposals does not obligate the commissioner to enter into a new text end 6.5 new text begin construction manager/general contractor contract. The commissioner may accept or reject new text end 6.6 new text begin any or all responses received as a result of the request. The solicitation of proposals may new text end 6.7 new text begin be canceled at any time at the commissioner's sole discretion if cancellation is considered new text end 6.8 new text begin to be in the state's best interest. If the commissioner rejects all responses or cancels the new text end 6.9 new text begin solicitation for proposals, the commissioner may resolicit a request for proposals using the new text end 6.10 new text begin same or different requirements. new text end 6.11     new text begin Subd. 4. new text end new text begin Reporting. new text end new text begin The commissioner shall notify the chairs and ranking minority new text end 6.12 new text begin members of the senate and house of representatives committees with jurisdiction over new text end 6.13 new text begin transportation policy and transportation finance each time the commissioner decides to new text end 6.14 new text begin use the construction manager/general contractor method of procurement and explain why new text end 6.15 new text begin that method was chosen. new text end 6.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 6.17 new text begin and expires one year following the acceptance of ten construction manager/general new text end 6.18 new text begin contractor contracts. new text end 6.19    Sec. 7. new text begin [161.3209] CONSTRUCTION MANAGER/GENERAL CONTRACTOR; new text end 6.20 new text begin PROCEDURES. new text end 6.21     new text begin Subdivision 1. new text end new text begin Solicitation of proposals. new text end new text begin If the commissioner determines that new text end 6.22 new text begin a construction manager/general contractor method of procurement is appropriate for new text end 6.23 new text begin a project, the commissioner shall establish a two-phase procedure for awarding the new text end 6.24 new text begin construction manager/general contractor contract, as described in subdivisions 2 and 3. new text end 6.25     new text begin Subd. 2. new text end new text begin Phase 1 - request for proposals. new text end new text begin (a) The commissioner shall prepare new text end 6.26 new text begin or have prepared an RFP for each construction manager/general contractor contract as new text end 6.27 new text begin provided in this section. The RFP must contain, at a minimum, the following elements: new text end 6.28 new text begin (1) the minimum qualifications of the construction manager/general contractor; new text end 6.29 new text begin (2) the procedures for submitting proposals and the criteria for evaluation of new text end 6.30 new text begin qualifications and the relative weight for each criteria; new text end 6.31 new text begin (3) the form of the contract to be awarded; new text end 6.32 new text begin (4) the scope of intended construction work; new text end 6.33 new text begin (5) a listing of the types of preconstruction services that will be required; new text end 6.34 new text begin (6) an anticipated schedule for commencing and completing the project; new text end 6.35 new text begin (7) any applicable budget limits for the project; new text end 7.1 new text begin (8) the requirements for insurance, statutorily required performance, and payment new text end 7.2 new text begin bonds; new text end 7.3 new text begin (9) the requirements that the construction manager/general contractor provide a new text end 7.4 new text begin letter from a surety or insurance company stating that the construction manager/general new text end 7.5 new text begin contractor is capable of obtaining a performance bond and payment bond covering the new text end 7.6 new text begin estimated contract cost; new text end 7.7 new text begin (10) the method for how construction manager/general contractor fees for the new text end 7.8 new text begin preconstruction services contract will be negotiated; new text end 7.9 new text begin (11) a statement that past performance or experience does not include the exercise new text end 7.10 new text begin or assertion of a person's legal rights; and new text end 7.11 new text begin (12) any other information desired by the commissioner. new text end 7.12 new text begin (b) Before receiving any responses to the RFP: new text end 7.13 new text begin (1) the commissioner shall appoint a technical review committee of at least five new text end 7.14 new text begin individuals, of which one is a Department of Transportation manager who is also a new text end 7.15 new text begin licensed professional engineer in Minnesota; new text end 7.16 new text begin (2) the technical review committee shall evaluate the construction manager/general new text end 7.17 new text begin contractor proposals according to criteria and subcriteria published in the RFP and new text end 7.18 new text begin procedures established by the commissioner. The commissioner shall, as designated in new text end 7.19 new text begin the RFP, evaluate construction manager/general contractor proposals on the basis of best new text end 7.20 new text begin value as defined in section 16C.05, or using the qualifications-based selection process set new text end 7.21 new text begin forth in section 16C.095, except that subdivision 1 of section 16C.095 shall not apply. If new text end 7.22 new text begin the commissioner does not receive at least two proposals from construction managers, new text end 7.23 new text begin the commissioner may: new text end 7.24 new text begin (i) solicit new proposals; new text end 7.25 new text begin (ii) revise the RFP and thereafter solicit new proposals using the revised RFP; new text end 7.26 new text begin (iii) select another allowed procurement method; or new text end 7.27 new text begin (iv) reject the proposals; and new text end 7.28 new text begin (3) the technical review committee shall evaluate the responses to the request for new text end 7.29 new text begin proposals and rank the construction manager/general contractor based on the predefined new text end 7.30 new text begin criteria set forth in the RFP in accordance with paragraph (a), clause (2). new text end 7.31 new text begin (c) Unless all proposals are rejected, the commissioner shall conduct contract new text end 7.32 new text begin negotiations for a preconstruction services contract with the construction manager/general new text end 7.33 new text begin contractor with the highest ranking. If the construction manager/general contractor with new text end 7.34 new text begin the highest ranking declines or is unable to reach an agreement, the commissioner may new text end 7.35 new text begin begin contract negotiations with the next highest ranked construction manager/general new text end 7.36 new text begin contractor. new text end 8.1 new text begin (d) Before issuing the RFP, the commissioner may elect to issue a request for new text end 8.2 new text begin qualifications (RFQ) and short-list the most highly qualified construction managers/general new text end 8.3 new text begin contractors. The RFQ must include the procedures for submitting statements of new text end 8.4 new text begin qualification, the criteria for evaluation of qualifications, and the relative weight for each new text end 8.5 new text begin criterion. The statements of qualifications must be evaluated by the technical review new text end 8.6 new text begin committee. new text end 8.7     new text begin Subd. 3. new text end new text begin Phase 2 - construction manager/general contractor contract. new text end new text begin (a) Before new text end 8.8 new text begin conducting any construction-related services, the commissioner shall: new text end 8.9 new text begin (1) conduct an independent cost estimate for the project or each work package; and new text end 8.10 new text begin (2) conduct contract negotiations with the construction manager/general contractor new text end 8.11 new text begin to develop a construction manager/general contractor contract. This contract must include new text end 8.12 new text begin a minimum construction manager/general contractor self-performing requirement of 30 new text end 8.13 new text begin percent of the negotiated cost. Items designated in the construction manager/general new text end 8.14 new text begin contractor contract as specialty items may be subcontracted and the cost of any specialty new text end 8.15 new text begin item performed under the subcontract will be deducted from the cost before computing the new text end 8.16 new text begin amount of work required to be performed by the contractor. new text end 8.17 new text begin (b) If the construction manager/general contractor and the commissioner are unable new text end 8.18 new text begin to negotiate a contract, the commissioner may use other contract procurement processes or new text end 8.19 new text begin may readvertise the construction manager/general contractor contract. The construction new text end 8.20 new text begin manager/general contractor may (1) bid or propose on the project if advertised under new text end 8.21 new text begin section 161.32 or 161.3206 or (2) join a design-build team if advertised under sections new text end 8.22 new text begin 161.3410 to 161.3428. new text end 8.23 new text begin (c) The commissioner shall provide to all bidders or design-build teams, all data new text end 8.24 new text begin shared between the commissioner and the construction manager/general contractor during new text end 8.25 new text begin the contract negotiations under this subdivision. new text end 8.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 8.27 new text begin and expires one year following the acceptance of ten construction manager/general new text end 8.28 new text begin contractor contracts. new text end 8.29    Sec. 8. Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read: 8.30    Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated 8.31by the commissioner acting with the advice of a committee selected by the several county 8.32boards acting through the officers of the statewide association of county commissioners. 8.33The committee shall be composed of nine members so selected that each member shall 8.34be from a different state highway construction district. Not more than five of the nine 8.35members of the committee shall be county commissioners. The remaining members shall 9.1be county highway engineers. In the event that agreement cannot be reached on any rule, 9.2the commissioner's determination shall be final. The rules shall be printed and copies 9.3forwarded to the county engineers of the several counties. For the purposes of this section, 9.4the expedited process for adopting rules established in section may be used. 9.5(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire. 9.6    Sec. 9. Minnesota Statutes 2010, section 162.02, subdivision 3, is amended to read: 9.7    Subd. 3. Rules have force of law. The rules shall have the force and effect of law 9.8upon compliance with the provisions of sections to new text begin as provided in chapter 14 new text end . 9.9    Sec. 10. Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read: 9.10    Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated 9.11by the commissioner acting with the advice of a committee selected by the governing 9.12bodies of such cities, acting through the officers of the statewide association of municipal 9.13officials. The committee shall be composed of 12 members, so selected that there shall be 9.14one member from each state highway construction district and in addition one member 9.15from each city of the first class. Not more than six members of the committee shall be 9.16elected officials of the cities. The remaining members of the committee shall be city 9.17engineers. In the event that agreement cannot be reached on any rule the commissioner's 9.18determination shall be final. The rules shall be printed and copies forwarded to the clerks 9.19and engineers of the cities. For the purposes of this section, the expedited process for 9.20adopting rules established in section may be used. 9.21(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire. 9.22    Sec. 11. Minnesota Statutes 2010, section 162.09, subdivision 3, is amended to read: 9.23    Subd. 3. Rules have force of law. The rules shall have the force and effect of law 9.24upon compliance with the provisions of sections to new text begin as provided in chapter 14 new text end . 9.25    Sec. 12. Minnesota Statutes 2010, section 162.09, subdivision 4, is amended to read: 9.26    Subd. 4. Federal census is conclusive. (a) In determining whether any city has 9.27a population of 5,000 or more, the last federal census shall be conclusive, except as 9.28otherwise provided in this subdivision. 9.29(b) The governing body of a city may contract with the United States Bureau of the 9.30Census to take a special census. A certified copy of the results of the census shall be filed 9.31with the appropriate state authorities by the city. The result of the census shall be the 9.32population of the city for the purposes of any law providing that population is a required 10.1qualification for distribution of highway aids under chapter 162. The special census shall 10.2remain in effect until the next federal census is completed and filed. The expense of taking 10.3the special census shall be paid by the city. 10.4(c) If an entire area not heretofore incorporated as a city is incorporated as such 10.5during the interval between federal censuses, its population shall be determined by its 10.6incorporation census. The incorporation census shall be determinative of the population of 10.7the city only until the next federal census. 10.8(d) The population of a city created by the consolidation of two or more previously 10.9incorporated cities shall be determined by the most recent population estimate of the 10.10Metropolitan Council or state demographer, until the first federal decennial census or 10.11special census taken after the consolidation. 10.12(e) The population of a city that is not receiving a municipal state-aid street fund 10.13apportionment shall be determined, upon request of the city, by the most recent population 10.14estimate of the Metropolitan Council or state demographer. A municipal state-aid street 10.15fund apportionment received by the city must be based on this population estimate until 10.16the next federal decennial census or special census. 10.17 new text begin (f) A city that is found in the most recent federal decennial census to have fewer new text end 10.18 new text begin than 5,000 population is deemed for the purposes of this chapter and the Minnesota new text end 10.19 new text begin Constitution, article XIV, to have a population of 5,000 or more under the following new text end 10.20 new text begin circumstances: (1) immediately before the most recent federal decennial census, the city new text end 10.21 new text begin was receiving municipal state-aid street fund distributions; and (2) the population of new text end 10.22 new text begin the city was found in the most recent federal decennial census to be fewer than 5,000. new text end 10.23 new text begin Following the end of the first calendar year that ends in "4" after the decennial census and new text end 10.24 new text begin until the next decennial census, the population of any city must be determined under new text end 10.25 new text begin paragraphs (a) to (e). new text end 10.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 10.27    Sec. 13. Minnesota Statutes 2010, section 162.13, subdivision 1, is amended to read: 10.28    Subdivision 1. Factors in formula. After deducting for administrative costs and 10.29for the disaster fund and research account as heretofore provided, and for any allocation 10.30made under section 162.125, the remainder of the total sum provided for in subdivision 1 10.31of section 162.12 shall be identified as the apportionment sum, and shall be apportioned 10.32by the commissioner to the cities having a population of 5,000 or more, in accordance 10.33with the following formula: 10.34(1) An amount equal to 50 percent of such apportionment sum shall be apportioned 10.35among the cities having a population of 5,000 or more so that each such city shall receive 11.1of such amount the percentage that its money needs bears to the total money needs of 11.2all such cities. 11.3(2) An amount equal to 50 percent of such apportionment sum shall be apportioned 11.4among the cities having a population of 5,000 or more so that each such city shall receive 11.5of such amount the percentage that its population bears to the total population of all such 11.6cities. new text begin For purposes of this subdivision, population of a city is the greater of 5,000 or the new text end 11.7 new text begin number calculated under section 162.09, subdivision 4, paragraph (a), (b), (c), (d), or (e). new text end 11.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 11.9    Sec. 14. Minnesota Statutes 2010, section 162.155, is amended to read: 11.10162.155 RULES FOR VARIANCES new text begin RULEMAKING new text end . 11.11 new text begin (a) new text end The commissioner shall adopt rules, no later than January 1, 1980, in accordance 11.12with sections to , setting forth the criteria to be considered by the 11.13commissioner in evaluating requests for variances under sections 162.02, subdivision 3a 11.14and 162.09, subdivision 3a. The rules shall new text begin must new text end include, but are not limited to, economic, 11.15engineering and safety guidelines. 11.16 new text begin (b) new text end The new text begin commissioner shall adopt rules establishing the new text end engineering standards 11.17adopted pursuant to section new text begin for cost estimation under sections new text end 162.07, subdivision 2, 11.18or new text begin and new text end 162.13, subdivision 2, shall be adopted pursuant to the requirements of chapter 11.1915 by July 1, 1980. 11.20 new text begin (c) The rules adopted by the commissioner under this section, and sections new text end 11.21 new text begin 162.02; 162.07, subdivision 2; 162.09; and 162.13, subdivision 2, are exempt from the new text end 11.22 new text begin rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that, new text end 11.23 new text begin notwithstanding paragraph (b) of that section, the rules continue in effect until repealed or new text end 11.24 new text begin superseded by other law or rule. new text end 11.25    Sec. 15. Minnesota Statutes 2010, section 165.01, is amended to read: 11.26165.01 DEFINITIONS. 11.27    Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this 11.28section and section 160.02 have the meanings given them. 11.29    Subd. 2. AASHTO manual. "AASHTO manual" means the Manual for Condition 11.30Evaluation of Bridges, published by the American Association of State Highway and 11.31Transportation Officials. new text begin "The Manual for Bridge Evaluation," published by the American new text end 11.32 new text begin Association of State Highway and Transportation Officials, is incorporated by reference. new text end 12.1     new text begin Subd. 3. new text end new text begin Bridge. new text end new text begin "Bridge" is defined as a structure, including supports erected over new text end 12.2 new text begin a depression or an obstruction, such as water, a highway, or a railway, having a track or new text end 12.3 new text begin passageway for carrying traffic or other moving loads, and having an opening measured new text end 12.4 new text begin horizontally along the center of the roadway of ten feet or more between undercopings of new text end 12.5 new text begin abutments, between the spring line of arches, or between extreme ends of openings for new text end 12.6 new text begin multiple boxes. Bridge also includes multiple pipes where the clear distance between new text end 12.7 new text begin openings is less than one-half of the smaller contiguous opening. This definition of a new text end 12.8 new text begin bridge includes only those railroad and pedestrian bridges over a public highway or street. new text end 12.9     new text begin Subd. 4. new text end new text begin National Bridge Inspection Standards (NBIS). new text end new text begin "NBIS" means standards new text end 12.10 new text begin established by the Federal Highway Administration in Code of Federal Regulations, title new text end 12.11 new text begin 23, part 650, subpart C, incorporated by reference. new text end 12.12    Sec. 16. Minnesota Statutes 2010, section 165.03, is amended to read: 12.13165.03 STRENGTH OF BRIDGE; INSPECTION. 12.14    Subdivision 1. Standards generally. Each bridge, including a privately owned 12.15bridge, must conform to the strength, width, clearance, and safety standards imposed 12.16by the commissioner for the connecting highway or street. This subdivision applies to 12.17a bridge that is constructed after August 1, 1989, on any public highway or street. The 12.18bridge must have sufficient strength to support with safety the maximum vehicle weights 12.19allowed under sections 169.822 to 169.829 and must have the minimum width specified 12.20in section 165.04, subdivision 3. 12.21    Subd. 1a. Inspection. (a) Each bridge must be inspected annually, unless a longer 12.22interval not to exceed two years new text begin 24 months new text end for bridges or four years new text begin 48 months new text end for bridges 12.23classified as culverts is authorized by the commissioner. The commissioner's authorization 12.24must be based on factors including, but not limited to, the age and condition of the 12.25bridge, the rate of deterioration of the bridge, the type of structure, the susceptibility of 12.26the bridge to failure, and the characteristics of traffic on the bridge. The commissioner 12.27may require interim inspections at intervals of less than one year on bridges that are 12.28posted, bridges subjected to extreme scour conditions, bridges subject to significant 12.29substructure movement or settlement, and for other reasons as specified or inferred in the 12.30AASHTO manual. 12.31 new text begin (b) Additional requirements apply to structures meeting the NBIS definition of new text end 12.32 new text begin a bridge: new text end 12.33 new text begin (1) Underwater structural elements must be inspected at regular intervals not to new text end 12.34 new text begin exceed 60 months. The commissioner may require inspections at intervals of less than new text end 12.35 new text begin 60 months on certain underwater structural elements based on factors including, but not new text end 13.1 new text begin limited to, construction material, the environment, age, the scour characteristics, the new text end 13.2 new text begin condition rating from past inspections, and any known deficiencies. new text end 13.3 new text begin (2) Fracture critical members, or FCMs, must receive a hands-on fracture critical new text end 13.4 new text begin inspection at intervals not to exceed 24 months. The commissioner may require new text end 13.5 new text begin inspections at intervals of less than 24 months on certain FCMs based on factors including, new text end 13.6 new text begin but not limited to, age, the traffic characteristics, and any known deficiencies. new text end 13.7 new text begin (3) The commissioner may establish criteria to determine the level and frequency of new text end 13.8 new text begin these inspections. If warranted by special circumstances, the commissioner retains the new text end 13.9 new text begin authority to determine the inspection type and required inspection frequency for any new text end 13.10 new text begin bridge on the state inventory. new text end 13.11    (b) new text begin (c) new text end The thoroughness of each inspection depends on such factors as age, traffic 13.12characteristics, state of maintenance, and known deficiencies. The evaluation of these 13.13factors is the responsibility of the engineer assigned the responsibility for inspection as 13.14defined by rule adopted by the commissioner of transportation. 13.15    Subd. 2. Inspection and inventory responsibilities; rules; forms. new text begin (a) The new text end 13.16 new text begin commissioner of transportation will adopt the National Bridge Inspection Standards new text end 13.17 new text begin (NBIS) established by the Federal Highway Administration in Code of Federal new text end 13.18 new text begin Regulations, title 23, part 650, subpart C, or its successor documents for structures new text end 13.19 new text begin meeting the NBIS definition of a bridge. The commissioner shall establish inspection and new text end 13.20 new text begin inventory standards for structures defined as bridges by section 165.01, subdivision 3. new text end 13.21(a) new text begin (b) new text end The commissioner of transportation shall adopt official inventory and bridge 13.22inspection report forms for use in making bridge inspections by the owners or highway 13.23authorities specified by this subdivision. Inspections must be made at regular intervals, 13.24not to exceed two years for bridges and not to exceed four years for culverts new text begin the intervals new text end 13.25 new text begin outlined in subdivision 1a new text end , by the following owner or official: 13.26    (1) the commissioner of transportation for all bridges located wholly or partially 13.27within or over the right-of-way of a state trunk highway; 13.28    (2) the county highway engineer for all bridges located wholly or partially within or 13.29over the right-of-way of any county or town road, or any street within a municipality that 13.30does not have a city engineer regularly employed; 13.31    (3) the city engineer for all bridges located wholly or partially within or over the 13.32right-of-way of any street located within or along municipal limits; 13.33    (4) the commissioner of transportation in case of a toll bridge that is used by the 13.34general public and that is not inspected and certified under subdivision 6; provided, that 13.35the commissioner of transportation may assess the owner for the costs of the inspection; 14.1    (5) the owner of a bridge over a public highway or street or that carries a roadway 14.2designated for public use by a public authority, if not required to be inventoried and 14.3inspected under clause (1), (2), (3), or (4). 14.4    (b) new text begin (c) new text end The commissioner of transportation shall prescribe the standards for bridge 14.5inspection and inventory by rules new text begin inspection and inventory procedures required to new text end 14.6 new text begin administer the bridge inspection program in Minnesota and has the authority to establish new text end 14.7 new text begin and publish standards that describe the inspection and inventory requirements to ensure new text end 14.8 new text begin compliance with paragraph (a) new text end . The owner or highway authority shall inspect and 14.9inventory in accordance with these standards and furnish the commissioner with such data 14.10as may be necessary to maintain a central inventory. 14.11    Subd. 3. County inventory and inspection records and reports. The county 14.12engineer shall maintain a complete inventory record of all bridges as set forth in 14.13subdivision 2, paragraph (a) new text begin (b) new text end , clause (2), with the inspection reports thereof, and shall 14.14certify annually to the commissioner, as prescribed by the commissioner, that inspections 14.15have been made at regular intervals, not to exceed two years for bridges and not to 14.16exceed four years for culverts new text begin the intervals outlined in subdivision 1a new text end . A report of the 14.17inspections must be filed annually, on or before February 15 of each year, with the county 14.18auditor or town clerk, or the governing body of the municipality. The report must contain 14.19recommendations for the correction of or legal posting of load limits on any bridge or 14.20structure that is found to be understrength or unsafe. 14.21    Subd. 4. Municipal inventory and inspection records and reports. The 14.22city engineer shall maintain a complete inventory record of all bridges as set forth in 14.23subdivision 2, paragraph (a) new text begin (b) new text end , clause (3), with the inspection reports thereof, and shall 14.24certify annually to the commissioner, as prescribed by the commissioner, that inspections 14.25have been made at regular intervals, not to exceed two years for bridges and not to exceed 14.26four years for culverts new text begin the intervals outlined in subdivision 1a new text end . A report of the inspections 14.27must be filed annually, on or before February 15 of each year, with the governing body of 14.28the municipality. The report must contain recommendations for the correction of or legal 14.29posting of load limits on any bridge or structure that is found to be understrength or unsafe. 14.30    Subd. 5. Agreement. Agreements may be made among the various units of 14.31governments, or between governmental units and qualified engineering personnel to 14.32carry out the responsibilities for the bridge inspections and reports, as established by 14.33subdivision 2. 14.34    Subd. 6. Other bridges. The owner of a toll bridge and the owner of a bridge 14.35described in subdivision 2, paragraph (a) new text begin (b) new text end , clause (5), shall certify to the commissioner, 14.36as prescribed by the commissioner, that inspections of the bridge new text begin or culvert new text end have been 15.1made at regular intervals, not to exceed two years for bridges and not to exceed four years 15.2for culverts new text begin the intervals outlined in subdivision 1a new text end . The certification must be accompanied 15.3by a report of the inspection. The report must contain recommendations for the correction 15.4of or legal posting of load limitations if the bridge is found to be understrength or unsafe. 15.5     new text begin Subd. 6a. new text end new text begin Bridge load rating and posting. new text end new text begin (a) The term "posting" means the new text end 15.6 new text begin placement of regulatory signs at a bridge indicating the safe load carrying capacity of new text end 15.7 new text begin the bridge. new text end 15.8 new text begin (b) Each structure required to be inspected by subdivision 2, paragraph (a), must be new text end 15.9 new text begin load rated to determine its safe load carrying capacity, and this rating must be reported new text end 15.10 new text begin on a structure inventory sheet form provided by the commissioner of transportation. A new text end 15.11 new text begin structure must be rerated when it is determined that a significant change has occurred in new text end 15.12 new text begin the condition of the structure or due to additional dead load placed on the structure since new text end 15.13 new text begin the last load rating. Load ratings must be reviewed and the structure rerated if necessary new text end 15.14 new text begin when the allowable legal load using the structure is increased. Changes in the load rating new text end 15.15 new text begin of a bridge must be indicated on the structure inventory sheet form. new text end 15.16 new text begin (c) Where it is determined that the maximum legal load under state law exceeds new text end 15.17 new text begin the load permitted on the structure under the operating rating stress level assigned, the new text end 15.18 new text begin bridge must be posted. Posting signs as adopted by the commissioner shall be used for new text end 15.19 new text begin the posting. The owner or highway authority shall post the bridge in accordance with the new text end 15.20 new text begin posted load assigned by the commissioner. new text end 15.21    Subd. 7. Department of Natural Resources bridge. (a) Notwithstanding 15.22subdivision 2, the commissioners of transportation and natural resources shall negotiate a 15.23memorandum of understanding that governs the inspection of bridges owned, operated, 15.24or maintained by the commissioner of natural resources. 15.25    (b) The memorandum of understanding must provide for: 15.26    (1) the inspection and inventory of bridges subject to federal law or regulations; 15.27    (2) the frequency of inspection of bridges described in paragraph (a) new text begin subdivision new text end 15.28 new text begin 1a new text end ; and 15.29    (3) who may perform inspections required under the memorandum of understanding. 15.30    Subd. 8. Biennial report on bridge inspection quality assurance. By February 15.311 of each odd-numbered year, the commissioner shall submit a report electronically to 15.32the members of the senate and house of representatives committees with jurisdiction over 15.33transportation policy and finance concerning quality assurance for bridge inspections. 15.34At a minimum, the report must: 15.35(1) summarize the bridge inspection quality assurance and quality control procedures 15.36used in Minnesota; 16.1(2) identify any substantive changes to quality assurance and quality control 16.2procedures made in the previous two years; 16.3(3) summarize and provide a briefing on findings from bridge inspection quality 16.4reviews performed in the previous two years; 16.5(4) identify actions taken and planned in response to findings from bridge inspection 16.6quality reviews performed in the previous two years; 16.7(5) summarize the results of any bridge inspection compliance review by the Federal 16.8Highway Administration; and 16.9(6) identify actions in response to the Federal Highway Administration compliance 16.10review taken by the department in order to reach full compliance. 16.11    Sec. 17. Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to read: 16.12    Subd. 3. Application; cancellation; excessive gross weight forbidden. (a) The 16.13applicant for all licenses based on gross weight shall state the unloaded weight of the 16.14motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry 16.15on it, the sum of which constitutes the gross weight upon which the license tax must be 16.16paid. However, the declared gross weight upon which the tax is paid must not be less than 16.171-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer 16.18to be registered, except recreational vehicles taxed under subdivision 1g, school buses 16.19taxed under subdivision 18, and tow trucks or towing vehicles defined in section 169.011, 16.20subdivision 83 . The gross weight of a tow truck or towing vehicle is the actual weight 16.21of the tow truck or towing vehicle fully equipped, but does not include the weight of a 16.22wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle. 16.23(b) The gross weight of a motor vehicle, trailer, or semitrailer must not exceed 16.24the gross weight upon which the license tax has been paid by more than four percent or 16.251,000 pounds, whichever is greater; provided that, a vehicle transporting unfinished forest 16.26products on a highway, other than a highway that is part of the system of interstate and 16.27defense highways, unless a federal exemption is granted, in accordance with paragraph 16.28(d)(3): 16.29(1) shall not exceed its gross vehicle weight upon which the license tax has been 16.30paid, or gross axle weight on any axle, by more than five percent and, notwithstanding 16.31other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for 16.32exceeding a gross vehicle or axle weight by up to five percent; and 16.33(2) between the dates set by the commissioner in accordance with section 169.826, 16.34subdivision 1 , is not subject to any provision of paragraph (d) or chapter 169 limiting 16.35the gross axle weight of any individual axle unless the entire vehicle also exceeds its 17.1gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight 17.2allowance permitted under section 169.826, in which case the vehicle is subject to all 17.3applicable penalties for excess weight violations. 17.4(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the 17.5license tax is paid must be indicated by a distinctive character on the license plate or 17.6plates except as provided in subdivision 12 and the plate or plates must be kept clean 17.7and clearly visible at all times. 17.8(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon 17.9conviction for transporting a gross weight in excess of the gross weight for which it was 17.10registered or for operating a vehicle with an axle weight exceeding the maximum lawful 17.11axle load weight, is guilty of a misdemeanor and subject to increased registration or 17.12reregistration according to the following schedule: 17.13(1) Upon conviction for transporting a gross weight in excess of the gross weight 17.14for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance 17.15set forth in paragraph (b) but less than 25 percent, or for operating or using a motor 17.16vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle 17.17load as provided in sections 169.822 to 169.829 by more than the allowance set forth in 17.18paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle, 17.19trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for 17.20the misdemeanor, shall apply to the registrar to increase the authorized gross weight to 17.21be carried on the vehicle to a weight equal to or greater than the gross weight the owner, 17.22driver, or user was convicted of carrying. The increase is computed for the balance of 17.23the calendar year on the basis of 1/12 of the annual tax for each month remaining in the 17.24calendar year beginning with the first day of the month in which the violation occurred. 17.25If the additional registration tax computed upon that weight, plus the tax already paid, 17.26amounts to more than the regular tax for the maximum gross weight permitted for the 17.27vehicle under sections 169.822 to 169.829, that additional amount must nevertheless be 17.28paid into the highway fund, but the additional tax thus paid does not authorize or permit 17.29any person to operate the vehicle with a gross weight in excess of the maximum legal 17.30weight as provided by sections 169.822 to 169.829. Unless the owner within 30 days 17.31after a conviction applies to increase the authorized weight and pays the additional tax 17.32as provided in this section, the registrar shall revoke the registration on the vehicle and 17.33demand the return of the registration card and plates issued on that registration. 17.34(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or 17.35semitrailer for transporting a gross weight in excess of the gross weight for which the 17.36motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating 18.1or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load 18.2as provided in sections 169.822 to 169.829 by 25 percent or more, and in addition to any 18.3penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity 18.4privileges on the vehicle involved if the vehicle is being operated under reciprocity 18.5or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of 18.6registration on the vehicle operated and demand the return of the registration certificate 18.7and registration plates. The registrar may not cancel the registration or reciprocity 18.8privileges for any vehicle found in violation of seasonal load restrictions imposed under 18.9section 169.87 unless the axle weight exceeds the year-round weight limit for the highway 18.10on which the violation occurred. The registrar may investigate any allegation of gross 18.11weight violations and demand that the operator show cause why all future operating 18.12privileges in the state should not be revoked unless the additional tax assessed is paid. 18.13(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products 18.14or unfinished forest products, when the registered gross weight is not exceeded by more 18.15than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous 18.16transportation of unprocessed or raw farm products from the place of production or 18.17on-farm storage site to any other location within 50 new text begin 100 new text end miles of the place of production or 18.18on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished 18.19forest products from the place of production to the place of final processing or manufacture 18.20located within 200 miles of the place of production. 18.21(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the 18.22registrar according to this section, the vehicle must not be operated on the highways of the 18.23state until it is registered or reregistered, as the case may be, and new plates issued, and 18.24the registration fee is the annual tax for the total gross weight of the vehicle at the time of 18.25violation. The reregistration pursuant to this subdivision of any vehicle operating under 18.26reciprocity agreements pursuant to section 168.181 or 168.187 must be at the full annual 18.27registration fee without regard to the percentage of vehicle miles traveled in this state. 18.28    Sec. 18. Minnesota Statutes 2010, section 168A.01, subdivision 6a, is amended to read: 18.29    Subd. 6a. High-value vehicle. "High-value vehicle" means a vehicle manufactured 18.30six or more years before the start of the current model year that had an actual cash value in 18.31excess of $5,000 before being damaged, or a vehicle with a manufacturer's rating of over 18.3226,000 pounds gross vehicle weight new text begin that is not a late-model vehicle new text end . 18.33    Sec. 19. Minnesota Statutes 2010, section 168A.01, subdivision 8a, is amended to read: 19.1    Subd. 8a. Late-model vehicle. "Late-model vehicle" means a vehicle manufactured 19.2in the current model year or the five model years new text begin with a manufacturer's designated model new text end 19.3 new text begin year equal to or greater than the fifth calendar year new text end immediately preceding the current 19.4model new text begin calendar new text end year. 19.5    Sec. 20. Minnesota Statutes 2010, section 168A.01, subdivision 12a, is amended to 19.6read: 19.7    Subd. 12a. Older model vehicle. "Older model vehicle" means a vehicle 19.8manufactured in the sixth model year immediately preceding the current model year or 19.9earlier that is not a high-value vehicle new text begin that is not a late-model vehicle new text end . 19.10    Sec. 21. Minnesota Statutes 2010, section 168A.151, subdivision 1, is amended to read: 19.11    Subdivision 1. Salvage titles. (a) When an insurer, licensed to conduct business in 19.12Minnesota, acquires ownership of a late-model or high-value vehicle through payment 19.13of damages, the insurer shall immediately apply for a salvage certificate of title or shall 19.14stamp the existing certificate of title with the legend "SALVAGE CERTIFICATE OF 19.15TITLE" in a manner prescribed by the department. Within 48 hours of taking possession new text begin new text end 19.16 new text begin ten days of obtaining the title new text end of a vehicle through payment of damages, an insurer must 19.17notify the department in a manner prescribed by the department. 19.18    (b) A person shall immediately apply for a salvage certificate of title if the person 19.19acquires a damaged late-model or high-value motor vehicle with an out-of-state title 19.20and the vehicle: 19.21    (1) is a vehicle that was acquired by an insurer through payment of damages; 19.22    (2) is a vehicle for which the cost of repairs exceeds the value of the damaged 19.23vehicle; or 19.24    (3) has an out-of-state salvage certificate of title as proof of ownership. 19.25    (c) A self-insured owner of a late-model or high-value vehicle who new text begin that new text end sustains 19.26damage by collision or other occurrence which exceeds 70 new text begin 80 new text end percent of its actual cash 19.27value shall immediately apply for a salvage certificate of title. Damage, for the purpose of 19.28this calculation, does not include the actual cost incurred to repair, replace, or reinstall 19.29inflatable safety restraints and other vehicle components that must be replaced due to the 19.30deployment of the inflatable safety restraints. 19.31    Sec. 22. Minnesota Statutes 2010, section 169.011, subdivision 4, is amended to read: 19.32    Subd. 4. Bicycle. "Bicycle" means every device propelled solely by human power 19.33upon which any person may ride, having two tandem wheels except scooters and similar 20.1devices and including any device generally recognized as a bicycle though equipped 20.2with two front or rear wheels. new text begin Bicycle includes an electric-assisted bicycle as defined new text end 20.3 new text begin in subdivision 27. new text end 20.4    Sec. 23. Minnesota Statutes 2010, section 169.011, subdivision 45, is amended to read: 20.5    Subd. 45. Motorized bicycle. "Motorized bicycle" means a bicycle that is propelled 20.6by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic 20.7centimeters or less, and a maximum of two brake horsepower, which is capable of a 20.8maximum speed of not more than 30 miles per hour on a flat surface with not more than 20.9one percent grade in any direction when the motor is engaged. "Motorized bicycle" 20.10includes an electric-assisted bicycle as defined in subdivision 27. 20.11    Sec. 24. Minnesota Statutes 2010, section 169.06, subdivision 4, is amended to read: 20.12    Subd. 4. Obedience to traffic-control signal or flagger; presumptions. (a) The 20.13driver of any vehicle shall obey the instructions of any official traffic-control device 20.14applicable thereto placed in accordance with the provisions of this chapter, unless 20.15otherwise directed by a police officer or by a certified overdimensional load escort driver new text begin new text end 20.16 new text begin flagger authorized under this subdivision new text end , subject to the exceptions granted the driver of 20.17an authorized emergency vehicle in this chapter. 20.18(b) No provision of this chapter for which official traffic-control devices are required 20.19shall be enforced against an alleged violator if at the time and place of the alleged 20.20violation an official device is not in proper position and sufficiently legible to be seen by 20.21an ordinarily observant person. Whenever a particular section does not state that official 20.22traffic-control devices are required, such section shall be effective even though no devices 20.23are erected or in place. 20.24(c) Whenever official traffic-control devices are placed in position approximately 20.25conforming to the requirements of this chapter, such devices shall be presumed to have 20.26been so placed by the official act or direction of lawful authority, unless the contrary 20.27shall be established by competent evidence. 20.28(d) Any official traffic-control device placed pursuant to the provisions of this 20.29chapter and purporting to conform to the lawful requirements pertaining to such devices 20.30shall be presumed to comply with the requirements of this chapter, unless the contrary 20.31shall be established by competent evidence. 20.32(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place 20.33until it is safe for the vehicles to proceed. A person operating a motor vehicle that has 21.1been stopped by a flagger in a designated work zone may proceed after stopping only on 21.2instruction by the flagger. 21.3(f) An overdimensional load escort driver with a certificate issued under section 21.4299D.085 , while acting as a flagger escorting a legal overdimensional load, may stop 21.5vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person 21.6operating a motor vehicle that has been stopped by an escort driver acting as a flagger may 21.7proceed only on instruction by the flagger or a police officer. 21.8 new text begin (g) A person may stop and hold vehicles in place until it is safe for the vehicles to new text end 21.9 new text begin proceed, if the person: (1) holds a motorcycle road guard certificate issued under section new text end 21.10 new text begin 171.60; (2) meets the safety and equipment standards for operating under the certificate; new text end 21.11 new text begin (3) is acting as a flagger escorting a motorcycle group ride; (4) has notified each statutory new text end 21.12 new text begin or home rule charter city through which the motorcycle group is proceeding; and (5) new text end 21.13 new text begin has obtained consent from the chief of police, or the chief's designee, of any city of the new text end 21.14 new text begin first class through which the group is proceeding. A flagger operating as provided under new text end 21.15 new text begin this paragraph may direct operators of motorcycles within a motorcycle group ride or new text end 21.16 new text begin other vehicle traffic, notwithstanding any contrary indication of a traffic-control device, new text end 21.17 new text begin including stop signs or traffic-control signals. A person operating a vehicle that has been new text end 21.18 new text begin stopped by a flagger under this paragraph may proceed only on instruction by the flagger new text end 21.19 new text begin or a police officer. new text end 21.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective one year after publication in the State new text end 21.21 new text begin Register of rules adopted under section 171.60, subdivision 5. new text end 21.22    Sec. 25. Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read: 21.23    Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All 21.24reports and supplemental information required under this section must be for the use of the 21.25commissioner of public safety and other appropriate state, federal, county, and municipal 21.26governmental agencies for accident analysis purposes, except: 21.27(1) the commissioner of public safety or any law enforcement agency shall, upon 21.28written request of any individual involved in an accident or upon written request of the 21.29representative of the individual's estate, surviving spouse, or one or more surviving next 21.30of kin, or a trustee appointed under section 573.02, or other person injured in person, 21.31property, or means of support, or who incurs other pecuniary loss by virtue of the accident, 21.32disclose to the requester, the requester's legal counsel, or a representative of the requester's 21.33insurer the report required under subdivision 8; 21.34(2) the commissioner of public safety shall, upon written request, provide the driver 21.35filing a report under subdivision 7 with a copy of the report filed by the driver; 22.1(3) the commissioner of public safety may verify with insurance companies vehicle 22.2insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and 22.3169.797 ; 22.4(4) the commissioner of public safety shall provide the commissioner of 22.5transportation the information obtained for each traffic accident involving a commercial 22.6motor vehicle, for purposes of administering commercial vehicle safety regulations; and 22.7 new text begin (5) upon request, the commissioner of public safety shall provide the commissioner new text end 22.8 new text begin of transportation the information obtained for each traffic accident involving damage new text end 22.9 new text begin to state-owned infrastructure, for purposes of debt collection under section 161.20, new text end 22.10 new text begin subdivision 4; and new text end 22.11(5) new text begin (6) new text end the commissioner of public safety may give to the United States Department 22.12of Transportation commercial vehicle accident information in connection with federal 22.13grant programs relating to safety. 22.14(b) Accident reports and data contained in the reports are not discoverable under any 22.15provision of law or rule of court. No report shall be used as evidence in any trial, civil or 22.16criminal, or any action for damages or criminal proceedings arising out of an accident. 22.17However, the commissioner of public safety shall furnish, upon the demand of any person 22.18who has or claims to have made a report or upon demand of any court, a certificate 22.19showing that a specified accident report has or has not been made to the commissioner 22.20solely to prove compliance or failure to comply with the requirements that the report be 22.21made to the commissioner. 22.22(c) Nothing in this subdivision prevents any individual who has made a report under 22.23this section from providing information to any individuals involved in an accident or their 22.24representatives or from testifying in any trial, civil or criminal, arising out of an accident, 22.25as to facts within the individual's knowledge. It is intended by this subdivision to render 22.26privileged the reports required, but it is not intended to prohibit proof of the facts to 22.27which the reports relate. 22.28(d) Disclosing any information contained in any accident report, except as provided 22.29in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor. 22.30(e) The commissioner of public safety shall charge authorized persons as described 22.31in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee 22.32collected under this paragraph must be deposited in the special revenue fund and credited 22.33to the driver services operating account established in section 299A.705 and ten percent 22.34must be deposited in the general fund. The commissioner may also furnish an electronic 22.35copy of the database of accident records, which must not contain personal or private data 23.1on an individual, to private agencies as provided in paragraph (g), for not less than the cost 23.2of preparing the copies on a bulk basis as provided in section 13.03, subdivision 3. 23.3(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law 23.4enforcement agencies shall charge commercial users who request access to response or 23.5incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial 23.6user" is a user who in one location requests access to data in more than five accident 23.7reports per month, unless the user establishes that access is not for a commercial purpose. 23.8Of the money collected by the commissioner under this paragraph, 90 percent must be 23.9deposited in the special revenue fund and credited to the driver services operating account 23.10established in section 299A.705 and ten percent must be deposited in the general fund. 23.11(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall 23.12provide an electronic copy of the accident records database to the public on a case-by-case 23.13basis using the cost-recovery charges provided for under section 13.03, subdivision 23.143 . The database provided must not contain personal or private data on an individual. 23.15However, unless the accident records database includes the vehicle identification number, 23.16the commissioner shall include the vehicle registration plate number if a private agency 23.17certifies and agrees that the agency: 23.18(1) is in the business of collecting accident and damage information on vehicles; 23.19(2) will use the vehicle registration plate number only for identifying vehicles that 23.20have been involved in accidents or damaged, to provide this information to persons 23.21seeking access to a vehicle's history and not for identifying individuals or for any other 23.22purpose; and 23.23(3) will be subject to the penalties and remedies under sections 13.08 and 13.09. 23.24    Sec. 26. Minnesota Statutes 2010, section 169.222, subdivision 6, is amended to read: 23.25    Subd. 6. Bicycle equipment. (a) No person shall operate a bicycle at nighttime 23.26unless the bicycle or its operator is equipped with a lamp which shall emit a white light 23.27visible from a distance of at least 500 feet to the front and with a red reflector of a type 23.28approved by the Department of Public Safety which is visible from all distances from 100 23.29feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a 23.30motor vehicle. No person may operate a bicycle at any time when there is not sufficient 23.31light to render persons and vehicles on the highway clearly discernible at a distance of 500 23.32feet ahead unless the bicycle or its operator is equipped with reflective surfaces that shall 23.33be visible during the hours of darkness from 600 feet when viewed in front of lawful lower 23.34beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective 23.35materials on each side of each pedal to indicate their presence from the front or the rear 24.1and with a minimum of 20 square inches of reflective material on each side of the bicycle 24.2or its operator. Any bicycle equipped with side reflectors as required by regulations for 24.3new bicycles prescribed by the United States Consumer Product Safety Commission 24.4shall be considered to meet the requirements for side reflectorization contained in this 24.5subdivision. A bicycle may be equipped with a new text begin front lamp that emits a white flashing new text end 24.6 new text begin signal or a new text end rear lamp that emits a red flashing signal. 24.7(b) new text begin Bicycle tires may be equipped with studs or other protuberances designed new text end 24.8 new text begin to increase traction. new text end 24.9 new text begin (c) new text end No person shall operate a bicycle unless it is equipped with a brake which will 24.10enable the operator to make the braked wheels skid on dry, level, clean pavement. 24.11(c) new text begin (d) new text end No person shall operate upon a highway any new text begin two-wheeled new text end bicycle equipped 24.12with handlebars so raised that the operator must elevate the hands above the level of the 24.13shoulders in order to grasp the normal steering grip area. 24.14(d) new text begin (e) new text end No person shall operate upon a highway any bicycle which is of such a size 24.15as to prevent the operator from stopping the bicycle, supporting it with at least one foot 24.16on the highway surface and restarting in a safe manner. 24.17    Sec. 27. Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read: 24.18    Subd. 5. Other operation requirements and prohibitions. (a) A person operating 24.19a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb 24.20or edge of the roadway except in one of the following situations: 24.21(1) when overtaking and passing another vehicle proceeding in the same direction; 24.22(2) when preparing for a left turn at an intersection or into a private road or 24.23driveway; or 24.24(3) when reasonably necessary to avoid conditions, including fixed or moving 24.25objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make 24.26it unsafe to continue along the right-hand curb or edge. 24.27(b) Persons operating motorized bicycles on a roadway may not ride more than two 24.28abreast and may not impede the normal and reasonable movement of traffic. On a laned 24.29roadway, a person operating a motorized bicycle shall ride within a single lane. 24.30(c) This section does not permit the operation of a motorized bicycle on a bicycle 24.31path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic. 24.32(d) Subject to the provisions of section 160.263, subdivision 3, a person may operate 24.33an electric-assisted bicycle on a bicycle lane. A person may operate an electric-assisted 24.34bicycle on the shoulder of a roadway if the electric-assisted bicycle is traveling in the same 24.35direction as the adjacent vehicular traffic. 25.1    Sec. 28. Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read: 25.2    Subd. 6. Other motor vehicles. If the motor vehicle is any kind of motor vehicle 25.3other than those provided for in subdivisions 2 to 4, one plate new text begin two plates new text end must be displayed 25.4on new text begin . One plate must be displayed at new text end the front and one on the rear of the vehicle new text begin and one new text end 25.5 new text begin at the back. The two plates must either be mounted on the front and rear bumpers of new text end 25.6 new text begin the vehicle or on the front and back of the vehicle exterior in places designed to hold a new text end 25.7 new text begin license plate new text end . 25.8    Sec. 29. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is 25.9amended to read: 25.10    Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with 25.11respect to highways under the commissioner's jurisdiction, may charge a fee for each 25.12permit issued. new text begin Unless otherwise specified, new text end all such fees for permits issued by the 25.13commissioner of transportation shall be deposited in the state treasury and credited to 25.14the trunk highway fund. Except for those annual permits for which the permit fees are 25.15specified elsewhere in this chapter, the fees shall be: 25.16    (a) $15 for each single trip permit. 25.17    (b) $36 for each job permit. A job permit may be issued for like loads carried on 25.18a specific route for a period not to exceed two months. "Like loads" means loads of the 25.19same product, weight, and dimension. 25.20    (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive 25.21months. Annual permits may be issued for: 25.22    (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety 25.23or well-being of the public; 25.24    (2) motor vehicles which travel on interstate highways and carry loads authorized 25.25under subdivision 1a; 25.26    (3) motor vehicles operating with gross weights authorized under section 169.826, 25.27subdivision 1a ; 25.28    (4) special pulpwood vehicles described in section 169.863; 25.29    (5) motor vehicles bearing snowplow blades not exceeding ten feet in width; 25.30    (6) noncommercial transportation of a boat by the owner or user of the boat; 25.31    (7) motor vehicles carrying bales of agricultural products authorized under section 25.32169.862 ; and 25.33(8) special milk-hauling vehicles authorized under section 169.867. 25.34    (d) $120 for an oversize annual permit to be issued for a period not to exceed 12 25.35consecutive months. Annual permits may be issued for: 26.1    (1) mobile cranes; 26.2    (2) construction equipment, machinery, and supplies; 26.3    (3) manufactured homes and manufactured storage buildings; 26.4    (4) implements of husbandry; 26.5    (5) double-deck buses; 26.6    (6) commercial boat hauling and transporting waterfront structures, including, but 26.7not limited to, portable boat docks and boat lifts; 26.8    (7) three-vehicle combinations consisting of two empty, newly manufactured trailers 26.9for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however, 26.10the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer 26.11only while operating on twin-trailer routes designated under section 169.81, subdivision 3, 26.12paragraph (c); and 26.13(8) vehicles operating on that portion of marked Trunk Highway 36 described in 26.14section 169.81, subdivision 3, paragraph (e). 26.15    (e) For vehicles which have axle weights exceeding the weight limitations of 26.16sections 169.823 to 169.829, an additional cost added to the fees listed above. However, 26.17this paragraph applies to any vehicle described in section 168.013, subdivision 3, 26.18paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in 26.19that paragraph, and then the additional cost is for all weight, including the allowance 26.20weight, in excess of the permitted maximum axle weight. The additional cost is equal 26.21to the product of the distance traveled times the sum of the overweight axle group cost 26.22factors shown in the following chart: 26.23 Overweight Axle Group Cost Factors 26.24 Weight (pounds) Cost Per Mile For Each Group Of: 26.25 26.26 26.27 26.28 26.29 exceeding weight limitations on axles Two consecutive axles spaced within 8 feet or less Three consecutive axles spaced within 9 feet or less Four consecutive axles spaced within 14 feet or less 26.30 0-2,000 .12 .05 .04 26.31 2,001-4,000 .14 .06 .05 26.32 4,001-6,000 .18 .07 .06 26.33 6,001-8,000 .21 .09 .07 26.34 8,001-10,000 .26 .10 .08 26.35 10,001-12,000 .30 .12 .09 26.36 26.37 12,001-14,000 Not permitted .14 .11 26.38 26.39 14,001-16,000 Not permitted .17 .12 27.1 27.2 16,001-18,000 Not permitted .19 .15 27.3 27.4 18,001-20,000 Not permitted Not permitted .16 27.5 27.6 20,001-22,000 Not permitted Not permitted .20 27.7The amounts added are rounded to the nearest cent for each axle or axle group. The 27.8additional cost does not apply to paragraph (c), clauses (1) and (3). 27.9For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile 27.10fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed 27.11in addition to the normal permit fee. Miles must be calculated based on the distance 27.12already traveled in the state plus the distance from the point of detection to a transportation 27.13loading site or unloading site within the state or to the point of exit from the state. 27.14    (f) As an alternative to paragraph (e), an annual permit may be issued for overweight, 27.15or oversize and overweight, mobile cranes; construction equipment, machinery, and 27.16supplies; implements of husbandry; and commercial boat hauling. The fees for the permit 27.17are as follows: 27.18 Gross Weight (pounds) of Vehicle Annual Permit Fee 27.19 90,000 or less $200 27.20 90,001 - 100,000 $300 27.21 100,001 - 110,000 $400 27.22 110,001 - 120,000 $500 27.23 120,001 - 130,000 $600 27.24 130,001 - 140,000 $700 27.25 140,001 - 145,000 $800 27.26If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined 27.27under paragraph (e). 27.28    (g) For vehicles which exceed the width limitations set forth in section 169.80 by 27.29more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a) 27.30when the permit is issued while seasonal load restrictions pursuant to section 169.87 are 27.31in effect. 27.32    (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for 27.33refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on 27.34a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828, 27.35subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 27.36pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 27.37pounds. 28.1    (i) $300 for a motor vehicle described in section 169.8261. The fee under this 28.2paragraph must be deposited as follows: 28.3    (1) in fiscal years 2005 through 2010: 28.4    (i) new text begin (1) new text end the first $50,000 in each fiscal year must be deposited in the trunk highway 28.5fund for costs related to administering the permit program and inspecting and posting 28.6bridges; new text begin and new text end 28.7    (ii) new text begin (2) new text end all remaining money in each fiscal year must be deposited in a new text begin the new text end bridge 28.8inspection and signing account in the special revenue fund new text begin as provided under subdivision new text end 28.9 new text begin 5a new text end . Money in the account is appropriated to the commissioner for: 28.10    (A) inspection of local bridges and identification of local bridges to be posted, 28.11including contracting with a consultant for some or all of these functions; and 28.12    (B) erection of weight-posting signs on local bridges; and 28.13    (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway 28.14fund. 28.15    (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating 28.16under authority of section 169.824, subdivision 2, paragraph (a), clause (2). 28.17    Sec. 30. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision 28.18to read: 28.19     new text begin Subd. 5a. new text end new text begin Bridge inspection and signing account; appropriation. new text end new text begin (a) A bridge new text end 28.20 new text begin inspection and signing account is established in the special revenue fund. The account new text end 28.21 new text begin consists of fees for special permits as specified under this chapter, and any other money new text end 28.22 new text begin donated, allotted, transferred, or otherwise provided to the account. new text end 28.23     new text begin (b) The revenue in the bridge inspection and signing account under this subdivision new text end 28.24 new text begin is annually appropriated to the commissioner for: new text end 28.25     new text begin (1) inspection of local bridges and identification of local bridges to be posted, new text end 28.26 new text begin including contracting with a consultant for some or all of these functions; and new text end 28.27     new text begin (2) erection of weight-posting signs on local bridges. new text end 28.28    Sec. 31. Minnesota Statutes 2010, section 169.865, subdivision 1, is amended to read: 28.29    Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit 28.30authorizing a vehicle or combination of vehicles with a total of six or more axles to haul 28.31raw or unprocessed agricultural products new text begin , livestock and poultry feed, seed, fertilizer, new text end 28.32 new text begin potash, and agricultural lime, new text end and be operated with a gross vehicle weight of up to: 28.33    (1) 90,000 pounds; and 29.1    (2) 99,000 pounds during the period set by the commissioner under section 169.826, 29.2subdivision 1 . 29.3    (b) Notwithstanding subdivision 3, paragraph (a), clause (4), a vehicle or 29.4combination of vehicles operated under this subdivision and transporting only sealed 29.5intermodal containers may be operated on an interstate highway if allowed by the United 29.6States Department of Transportation. 29.7    (c) The fee for a permit issued under this subdivision is $300. 29.8    Sec. 32. Minnesota Statutes 2010, section 169.865, subdivision 2, is amended to read: 29.9    Subd. 2. Seven-axle vehicles. (a) A road authority may issue an annual permit 29.10authorizing a vehicle or combination of vehicles with a total of seven or more axles to 29.11haul raw or unprocessed agricultural products new text begin , livestock and poultry feed, seed, fertilizer, new text end 29.12 new text begin potash, and agricultural lime, new text end and be operated with a gross vehicle weight of up to: 29.13    (1) 97,000 pounds; and 29.14    (2) 99,000 pounds during the period set by the commissioner under section 169.826, 29.15subdivision 1 . 29.16    (b) Drivers of vehicles operating under this subdivision must comply with driver 29.17qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code 29.18of Federal Regulations, title 49, parts 40 and 382. 29.19    (c) The fee for a permit issued under this subdivision is $500. 29.20    Sec. 33. Minnesota Statutes 2010, section 169.865, subdivision 4, is amended to read: 29.21    Subd. 4. Deposit of revenues; appropriation. (a) Revenue from the permits issued 29.22by the commissioner under this section must be deposited: 29.23(1) in fiscal years 2008 through 2011, in the bridge inspection and signing account 29.24in the special revenue fund; and 29.25    (2) in fiscal year 2012 and subsequent years, in the trunk highway fund new text begin as provided new text end 29.26 new text begin under section 169.86, subdivision 5a new text end . 29.27    (b) The revenue in the bridge inspection and signing account under this section is 29.28annually appropriated to the commissioner for: 29.29    (1) inspection of local bridges and identification of local bridges to be posted, 29.30including contracting with a consultant for some or all of these functions; and 29.31    (2) erection of weight-posting signs on local bridges. 29.32    Sec. 34. Minnesota Statutes 2010, section 169.872, subdivision 1a, is amended to read: 30.1    Subd. 1a. Limit on civil penalties. A civil penalty for excessive weight under 30.2section 169.871 may be imposed based on a record of a shipment under this section only if 30.3a state law enforcement officer or motor transportation representative new text begin : (1) new text end has inspected 30.4and copied the record within 14 days of the date the shipment was received by the person 30.5keeping the record new text begin ; and (2) has assessed the penalty within 90 days of the date the officer new text end 30.6 new text begin or representative inspected and copied the record new text end . 30.7    Sec. 35. Minnesota Statutes 2010, section 169.98, subdivision 1, is amended to read: 30.8    Subdivision 1. Colors and markings. (a) Except as provided in subdivisions 2 and 30.92a, all motor vehicles which are primarily used in the enforcement of highway traffic rules 30.10by the State Patrol or for general uniform patrol assignment by any municipal police 30.11department or other law enforcement agency, except conservation officers, shall have 30.12uniform colors and markings as provided in this subdivision. Motor vehicles of: 30.13(1) municipal police departments, including the University of Minnesota Police 30.14Department and park police units, shall be predominantly blue, brown, green, black, 30.15or white; 30.16(2) the State Patrol shall be predominantly maroon; and 30.17(3) the county sheriff's office shall be predominantly brown new text begin , black, gold, new text end or white. 30.18(b) The identity of the governmental unit operating the vehicle shall be displayed on 30.19both front door panels and on the rear of the vehicle. The identity may be in the form of 30.20a shield or emblem, or may be the word "police," "sheriff," or the words "State Patrol" 30.21or "conservation officer," as appropriate, with letters not less than 2-1/2 inches high, 30.22one-inch wide and of a three-eighths inch brush stroke. The identity shall be of a color 30.23contrasting with the background color so that the motor vehicle is easily identifiable as 30.24belonging to a specific type of law enforcement agency. Each vehicle shall be marked 30.25with its own identifying number on the rear of the vehicle. The number shall be printed 30.26in the same size and color required pursuant to this subdivision for identifying words 30.27which may be displayed on the vehicle. 30.28    Sec. 36. Minnesota Statutes 2010, section 169.98, subdivision 3, is amended to read: 30.29    Subd. 3. Security guard vehicle. (a) All motor vehicles which are used by security 30.30guards in the course of their employment may have any color other than those specified in 30.31subdivision 1 for law enforcement vehicles. The identity of the security service shall be 30.32displayed on the motor vehicle as required for law enforcement vehicles. 31.1(b) Notwithstanding subdivision 1, paragraph (a), clause (1), a security guard may 31.2continue to use a motor vehicle that is predominantly black in the course of the guard's 31.3employment if the vehicle was being used in this manner before August 1, 2002. 31.4 new text begin (c) Notwithstanding subdivision 1, paragraph (a), clause (3), a security guard may new text end 31.5 new text begin continue to use a motor vehicle that is predominantly gold in the course of the guard's new text end 31.6 new text begin employment if the vehicle was being used in this manner before August 1, 2012. new text end 31.7    Sec. 37. Minnesota Statutes 2010, section 171.306, subdivision 1, is amended to read: 31.8    Subdivision 1. Definitions. (a) As used in this section, the terms in this subdivision 31.9have the meanings given them. 31.10(b) "Ignition interlock device" or "device" means equipment that is designed to 31.11measure breath alcohol concentration and to prevent a motor vehicle's ignition from being 31.12started by a person whose breath alcohol concentration measures 0.02 or higher on the 31.13equipment. 31.14(c) "Program participant" means a person new text begin who has qualified to take part in the new text end 31.15 new text begin ignition interlock program under this section and new text end whose driver's license has been new text begin : new text end 31.16 new text begin (1) new text end revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04, 31.17subdivision 1 , clause (10), and who has qualified to take part in the ignition interlock 31.18program under this section new text begin ; new text end 31.19 new text begin (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), based new text end 31.20 new text begin on a violation of section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), resulting new text end 31.21 new text begin in bodily harm or substantial bodily harm to another; or new text end 31.22 new text begin (3) suspended under section 171.18, subdivision 1, paragraph (a), clause (1), based new text end 31.23 new text begin on a violation of section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), resulting in new text end 31.24 new text begin bodily harm or substantial bodily harm to another new text end . 31.25(d) "Qualified prior impaired driving incident" has the meaning given in section 31.26169A.03, subdivision 22 . 31.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 31.28    Sec. 38. Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read: 31.29    Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class 31.30D driver's license, subject to the applicable limitations and restrictions of this section, 31.31to a program participant who meets the requirements of this section and the program 31.32guidelines. The commissioner shall not issue a license unless the program participant has 31.33provided satisfactory proof that: 32.1(1) a certified ignition interlock device has been installed on the participant's motor 32.2vehicle at an installation service center designated by the device's manufacturer; and 32.3(2) the participant has insurance coverage on the vehicle equipped with the ignition 32.4interlock device. The commissioner shall require the participant to present an insurance 32.5identification card, policy, or written statement as proof of insurance coverage, and may 32.6require the insurance identification card provided be certified by the insurance company to 32.7be noncancelable for a period not to exceed 12 months. 32.8(b) A license issued under authority of this section must contain a restriction 32.9prohibiting the program participant from driving, operating, or being in physical control of 32.10any motor vehicle not equipped with a functioning ignition interlock device certified by 32.11the commissioner. A participant may drive an employer-owned vehicle not equipped with 32.12an interlock device while in the normal course and scope of employment duties pursuant 32.13to the program guidelines established by the commissioner and with the employer's 32.14written consent. 32.15(c) A program participant whose driver's license has been revoked under section 32.16169A.52, subdivision 3 , paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph 32.17(a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), or (3), may 32.18apply for conditional reinstatement of the driver's license, subject to the ignition interlock 32.19restriction. 32.20(d) A program participant whose driver's license has been new text begin : new text end 32.21 new text begin (1) new text end revoked, canceled, or denied under section 169A.52, subdivision 3, paragraph 32.22(a), clause (4), (5), or (6), or subdivision 4, paragraph (a), clause (4), (5), or (6), or section 32.23169A.54, subdivision 1 , clause (4), (5), or (6), new text begin or (7); new text end 32.24 new text begin (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), based new text end 32.25 new text begin on a violation of section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), resulting new text end 32.26 new text begin in bodily harm or substantial bodily harm to another; or new text end 32.27 new text begin (3) suspended under section 171.18, subdivision 1, paragraph (a), clause (1), based new text end 32.28 new text begin on a violation of section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), resulting in new text end 32.29 new text begin bodily harm or substantial bodily harm to another; new text end 32.30may apply for a limited license, subject to the ignition interlock restriction, if the program 32.31participant is enrolled in a licensed chemical dependency treatment or rehabilitation 32.32program as recommended in a chemical use assessment, and if the participant meets the 32.33other applicable requirements of section 171.30. After completing a licensed chemical 32.34dependency treatment or rehabilitation program and one year of limited license use 32.35without violating the ignition interlock restriction, the conditions of limited license use, or 32.36program guidelines, the participant may apply for conditional reinstatement of the driver's 33.1license, subject to the ignition interlock restriction. If the program participant's ignition 33.2interlock device subsequently registers a positive breath alcohol concentration of 0.02 or 33.3higher, the commissioner shall cancel the driver's license, and the program participant may 33.4apply for another limited license according to this paragraph. 33.5 new text begin (e) A program participant whose driver's license has been: new text end 33.6 new text begin (1) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), based new text end 33.7 new text begin on a violation of section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), resulting new text end 33.8 new text begin in bodily harm or substantial bodily harm to another; or new text end 33.9 new text begin (2) suspended under section 171.18, subdivision 1, paragraph (a), clause (1), based new text end 33.10 new text begin on a violation of section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), resulting in new text end 33.11 new text begin bodily harm or substantial bodily harm to another; new text end 33.12 new text begin may apply for a limited license, subject to the ignition interlock restriction. After new text end 33.13 new text begin completing one year of limited license use without violating the conditions of limited new text end 33.14 new text begin license use or program guidelines, the participant may apply for conditional reinstatement new text end 33.15 new text begin of the driver's license, subject to the ignition interlock restriction. new text end 33.16(e) new text begin (f) new text end Notwithstanding any statute or rule to the contrary, the commissioner has 33.17authority to determine when a program participant is eligible for restoration of full driving 33.18privileges, except that the commissioner shall not reinstate full driving privileges until the 33.19program participant has met all applicable prerequisites for reinstatement under section 33.20169A.55 and until the program participant's device has registered no positive breath 33.21alcohol concentrations of 0.02 or higher during the preceding 90 days. 33.22 new text begin (g) A program participant who qualifies for participation in the ignition interlock new text end 33.23 new text begin program under paragraphs (c) and (e) is subject to paragraph (e). A program participant new text end 33.24 new text begin who qualifies for participation in the program under paragraphs (d) and (e) is subject to new text end 33.25 new text begin paragraph (d). new text end 33.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012, except that paragraphs new text end 33.27 new text begin (e) and (g) and the other provisions relating to driver's license actions based on violations new text end 33.28 new text begin of section 609.21 are effective July 1, 2013. new text end 33.29    Sec. 39. new text begin [171.60] MOTORCYCLE ROAD GUARD CERTIFICATE. new text end 33.30     new text begin Subdivision 1. new text end new text begin Certificate required. new text end new text begin No person may perform traffic control as a new text end 33.31 new text begin motorcycle road guard as provided under chapter 169 without a valid motorcycle road new text end 33.32 new text begin guard certificate issued by the commissioner. new text end 33.33     new text begin Subd. 2. new text end new text begin Certification qualifications and standards; fee. new text end new text begin Through the Minnesota new text end 33.34 new text begin Motorcycle Safety Center, the commissioner of public safety shall: new text end 34.1 new text begin (1) establish qualifications and requirements for a person to obtain a motorcycle road new text end 34.2 new text begin guard certificate under this section, which must include: new text end 34.3 new text begin (i) a minimum 18 years of age; new text end 34.4 new text begin (ii) possession of a valid driver's license; and new text end 34.5 new text begin (iii) successful completion of a motorcycle road guard certification course; new text end 34.6 new text begin (2) develop and offer, whether by the Minnesota Motorcycle Safety Center or new text end 34.7 new text begin authorized agents, a motorcycle road guard certification course; and new text end 34.8 new text begin (3) establish safety and equipment standards for a person who operates under a new text end 34.9 new text begin motorcycle road guard certificate, including but not limited to specifying requirements new text end 34.10 new text begin for a reflective safety vest. new text end 34.11     new text begin Subd. 3. new text end new text begin Fee. new text end new text begin The commissioner of public safety shall assess a fee for each applicant new text end 34.12 new text begin for a motorcycle road guard certificate, calculated to cover the commissioner's cost of new text end 34.13 new text begin establishing and administering the program. new text end 34.14     new text begin Subd. 4. new text end new text begin Penalty. new text end new text begin A person who violates any provision of this section is guilty new text end 34.15 new text begin of a petty misdemeanor. new text end 34.16     new text begin Subd. 5. new text end new text begin Rulemaking. new text end new text begin The commissioner of public safety shall adopt rules to carry new text end 34.17 new text begin out the provisions of this section. Notwithstanding section 16A.1283, the rules must new text end 34.18 new text begin specify the fee to be assessed under subdivision 3. new text end 34.19 new text begin EFFECTIVE DATE. new text end new text begin Subdivisions 1 to 4 are effective one year after publication new text end 34.20 new text begin in the State Register of rules adopted under subdivision 5. Subdivision 5 is effective the new text end 34.21 new text begin day following final enactment. new text end 34.22    Sec. 40. Minnesota Statutes 2010, section 174.03, is amended by adding a subdivision 34.23to read: 34.24     new text begin Subd. 1d. new text end new text begin Statewide freight plan. new text end new text begin (a) The commissioner of transportation, in new text end 34.25 new text begin cooperation with the commissioner of the Department of Employment and Economic new text end 34.26 new text begin Development, shall conduct a freight rail economic development study. The study will new text end 34.27 new text begin assess the economic impact of freight railroads in the state and identify opportunities to new text end 34.28 new text begin expand business development and enhance economic competitiveness through improved new text end 34.29 new text begin utilization of freight rail options. Findings from the study shall be incorporated as an new text end 34.30 new text begin amendment to the statewide freight and passenger rail plan. new text end 34.31 new text begin (b) The commissioner of transportation shall provide an interim progress report on new text end 34.32 new text begin the study by January 15, 2013, and a final report on September 1, 2013, to the chairs new text end 34.33 new text begin and ranking minority members of the legislative committees with jurisdiction over new text end 34.34 new text begin transportation policy and finance and over employment and economic development. The new text end 34.35 new text begin reports shall include any recommended legislative initiatives. new text end 35.1 new text begin (c) The commissioner of transportation may expend up to $216,000 in fiscal year new text end 35.2 new text begin 2013 under section 222.50, subdivision 7, to pay the costs of this study and report. new text end 35.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.4    Sec. 41. new text begin [174.40] SAFE ROUTES TO SCHOOL PROGRAM. new text end 35.5     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms new text end 35.6 new text begin have the meanings given them. new text end 35.7 new text begin (b) "Bond eligible cost" means expenditures under this section for acquisition of new text end 35.8 new text begin land or permanent easements, predesign, design, preliminary and final engineering, new text end 35.9 new text begin environmental analysis, construction, and reconstruction of publicly owned infrastructure new text end 35.10 new text begin in this state with a useful life of at least ten years that provides for nonmotorized new text end 35.11 new text begin transportation to and from a school; preparation of land for which a route to school new text end 35.12 new text begin is established, including demolition of structures and remediation of any hazardous new text end 35.13 new text begin conditions on the land; and the unpaid principal on debt issued by a political subdivision new text end 35.14 new text begin for a safe routes to school project. new text end 35.15 new text begin (c) "Federal program" means the safe routes to school program under Title I, section new text end 35.16 new text begin 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy new text end 35.17 new text begin for Users (SAFETEA-LU) of 2005, Public Law 109-59. new text end 35.18 new text begin (d) "School" means a school, as defined in section 120A.22, subdivision 4, excluding new text end 35.19 new text begin a home school. new text end 35.20     new text begin Subd. 2. new text end new text begin Program creation. new text end new text begin (a) A safe routes to school program is established new text end 35.21 new text begin to provide assistance in capital investments for safe and appealing nonmotorized new text end 35.22 new text begin transportation to and from a school. The commissioner shall develop and implement the new text end 35.23 new text begin safe routes to school program as provided in this section. Financial assistance under new text end 35.24 new text begin this section is to supplement or replace aid for infrastructure projects under the federal new text end 35.25 new text begin program. new text end 35.26 new text begin (b) The commissioner may provide grants or other financial assistance for a safe new text end 35.27 new text begin routes to school project at the commissioner's discretion, subject to the requirements new text end 35.28 new text begin of this section. new text end 35.29     new text begin Subd. 3. new text end new text begin Safe routes to school accounts. new text end new text begin (a) A safe routes to school account is new text end 35.30 new text begin established in the bond proceeds fund. The account consists of state bond proceeds new text end 35.31 new text begin appropriated to the commissioner. Money in the account may only be expended on new text end 35.32 new text begin bond-eligible costs of a project receiving financial assistance as provided under this new text end 35.33 new text begin section. All uses of funds from the account must be for publicly owned property. new text end 35.34 new text begin (b) A safe routes to school account is established in the general fund. The account new text end 35.35 new text begin consists of funds as provided by law, and any other money donated, allotted, transferred, new text end 36.1 new text begin or otherwise provided to the account. Money in the account may only be expended on a new text end 36.2 new text begin project receiving financial assistance as provided under this section. new text end 36.3     new text begin Subd. 4. new text end new text begin State general obligation bond funds. new text end new text begin Minnesota Constitution, article XI, new text end 36.4 new text begin section 5, clause (a), requires that state general obligation bonds be issued to finance only new text end 36.5 new text begin the acquisition or betterment of public land, buildings, and other public improvements new text end 36.6 new text begin of a capital nature. The legislature has determined that many school transportation new text end 36.7 new text begin infrastructure projects will constitute betterments and capital improvements within the new text end 36.8 new text begin meaning of the Minnesota Constitution and capital expenditures under generally accepted new text end 36.9 new text begin accounting principles, and will be financed more efficiently and economically under this new text end 36.10 new text begin section than by direct appropriations for specific projects. new text end 36.11     new text begin Subd. 5. new text end new text begin Program administration. new text end new text begin (a) The commissioner shall establish general new text end 36.12 new text begin program requirements and a competitive process for financial assistance, including but new text end 36.13 new text begin not limited to eligibility requirements for grant recipients and projects; procedures for new text end 36.14 new text begin solicitation of grants; application requirements; procedures for payment of financial new text end 36.15 new text begin assistance awards; and a schedule for application, evaluation, and award of financial new text end 36.16 new text begin assistance. new text end 36.17 new text begin (b) An application must include: new text end 36.18 new text begin (1) a detailed and specific description of the project; new text end 36.19 new text begin (2) an estimate, along with necessary supporting evidence, of the total costs for the new text end 36.20 new text begin project and the allocation of identified and proposed funding sources for the project; new text end 36.21 new text begin (3) an assessment of the need for and benefits of the project; new text end 36.22 new text begin (4) a resolution adopted by the governing body of the school for which a safe routes new text end 36.23 new text begin to school grant is requested, certifying that: (i) the governing body of the school supports new text end 36.24 new text begin the project; and (ii) funds, if any, required to be supplied by the school to complete the new text end 36.25 new text begin project are available and committed; new text end 36.26 new text begin (5) a timeline indicating the major milestones of the project and their anticipated new text end 36.27 new text begin completion dates; and new text end 36.28 new text begin (6) any additional information or material the commissioner prescribes. new text end 36.29 new text begin (c) The commissioner shall make reasonable efforts to (1) publicize each solicitation new text end 36.30 new text begin for applications among all eligible recipients, and (2) provide technical and informational new text end 36.31 new text begin assistance in creating and submitting applications. new text end 36.32 new text begin (d) By January 1, 2013, the commissioner of transportation shall publish and new text end 36.33 new text begin maintain a manual on the safe routes to school program that assists applicants for and new text end 36.34 new text begin recipients of financial assistance. The manual must include identification of eligibility new text end 36.35 new text begin and general program requirements, explanation of the application process, and review of new text end 36.36 new text begin criteria for evaluation of projects. new text end 37.1     new text begin Subd. 6. new text end new text begin Evaluation criteria. new text end new text begin The commissioner shall establish criteria for new text end 37.2 new text begin evaluation of applications and selection of projects. The criteria must include: new text end 37.3 new text begin (1) establishment or capital improvement of transportation infrastructure that new text end 37.4 new text begin improves safety and encourages nonmotorized transportation to and from a school; new text end 37.5 new text begin (2) compliance with all applicable requirements for capital infrastructure projects new text end 37.6 new text begin established by the Federal Highway Administration, U.S. Department of Transportation, new text end 37.7 new text begin for the federal program; and new text end 37.8 new text begin (3) other components as determined by the commissioner. new text end 37.9     new text begin Subd. 7. new text end new text begin Grant cancellation. new text end new text begin If, five years after execution of a grant agreement, new text end 37.10 new text begin the commissioner determines that the grantee has not proceeded in a timely manner new text end 37.11 new text begin with implementation of the project funded, the commissioner must cancel the grant new text end 37.12 new text begin and the grantee must repay to the commissioner all grant money paid to the grantee. new text end 37.13 new text begin Section 16A.642 applies to any appropriations made from the bond proceeds fund to the new text end 37.14 new text begin commissioner under this section that have not been awarded as financial assistance. new text end 37.15     new text begin Subd. 8. new text end new text begin Legislative report. new text end new text begin By November 1 annually, the commissioner shall new text end 37.16 new text begin submit a report on the safe routes to school program to the chairs and ranking minority new text end 37.17 new text begin members of the house of representatives and senate committees with jurisdiction over new text end 37.18 new text begin transportation policy and finance. The report must at a minimum: new text end 37.19 new text begin (1) summarize program implementation; new text end 37.20 new text begin (2) provide an overview of grant evaluation and criteria used in project selection; new text end 37.21 new text begin (3) provide a brief description of each project funded in the previous fiscal year, new text end 37.22 new text begin including the amount of money provided from each safe routes to school account under new text end 37.23 new text begin this section and the amount provided under the federal program; new text end 37.24 new text begin (4) summarize the status of the federal program or successor legislation; and new text end 37.25 new text begin (5) identify any recommendations for legislative changes, including proposals to new text end 37.26 new text begin improve program effectiveness. new text end 37.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 37.28    Sec. 42. Minnesota Statutes 2010, section 221.091, subdivision 2, is amended to read: 37.29    Subd. 2. Small vehicle passenger service. (a) A city that licenses and regulates 37.30small vehicle passenger service must do so by ordinance. The ordinance must, at a 37.31minimum, provide for driver qualifications, insurance, vehicle safety, and periodic vehicle 37.32inspections. A city that has adopted an ordinance complying with this subdivision may 37.33enforce the registration requirement in section 221.021. 37.34(b) A person who provides small vehicle passenger service to an individual for the 37.35purpose of obtaining nonemergency medical care and who receives reimbursement under 38.1section , subdivision 17, for providing the service, must comply with the rules 38.2of the commissioner adopted under section . 38.3    Sec. 43. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read: 38.4    Subd. 9. Rail bank property use; petty misdemeanors new text begin penalties new text end . (a) Except 38.5for the actions of road authorities and their agents, employees, and contractors, and of 38.6utilities, in carrying out their duties imposed by permit, law, or contract, and except 38.7as otherwise provided in this section, it is unlawful to new text begin knowingly new text end perform any of the 38.8following activities on rail bank property: 38.9    (1) obstruct any trail; 38.10    (2) deposit snow or ice; 38.11    (3) remove or place any earth, new text begin vegetation, new text end gravel, or rock without authorization; 38.12    (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous 38.13materials; 38.14    (5) erect a fence, or place or maintain any advertising, sign, or memorial new text begin , except new text end 38.15 new text begin upon authorization by the commissioner of transportation new text end ; 38.16    (6) remove, injure, displace, or destroy right-of-way markers or reference or witness 38.17monuments or markers placed to preserve section or quarter-section corners defining 38.18rail bank property limits; 38.19    (7) drive upon any portion of rail bank property, except at approved crossings, and 38.20except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or 38.21other vehicles authorized to use rail bank property; 38.22    (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker, 38.23paving, guardrail, drain, or any other rail bank appurtenance; or 38.24    (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry 38.25on, across, or over the limits of rail bank property. new text begin ; new text end 38.26 new text begin (10) plow, disc, or perform any other detrimental operation; or new text end 38.27 new text begin (11) place or maintain any permanent structure. new text end 38.28    (b) Unless a greater penalty is provided elsewhere in statute, any new text begin a new text end violation of this 38.29subdivision is a petty misdemeanor. new text begin A second or subsequent violation is a misdemeanor. new text end 38.30    (c) The cost to remove, repair, or perform any other corrective action necessitated by 38.31a violation of this subdivision may be charged to the violator. 38.32    Sec. 44. Minnesota Statutes 2010, section 296A.07, subdivision 4, is amended to read: 38.33    Subd. 4. Exemptions. The provisions of subdivision 1 do not apply to gasoline or 38.34denatured ethanol purchased by: 39.1    (1) a transit system or transit provider receiving financial assistance or 39.2reimbursement under section 174.24, 256B.0625, subdivision 17, or 473.384; 39.3    (2) new text begin providers of transportation to recipients of medical assistance home and new text end 39.4 new text begin community-based services waivers enrolled in day programs, including adult day care, new text end 39.5 new text begin family adult day care, day treatment and habilitation, prevocational services, and new text end 39.6 new text begin structured day services; new text end 39.7 new text begin (3) new text end an ambulance service licensed under chapter 144E; or 39.8 new text begin (4) providers of medical or dental services by a federally qualified health center, new text end 39.9 new text begin as defined under title 19 of the Social Security Act, as amended by Section 4161 of the new text end 39.10 new text begin Omnibus Budget Reconciliation Act of 1990 with a motor vehicle used exclusively as a new text end 39.11 new text begin mobile medical unit; or new text end 39.12    (3) new text begin (5) new text end a licensed distributor to be delivered to a terminal for use in blending. 39.13 new text begin EFFECTIVE DATE. new text end new text begin Clause (2) is effective retroactively from January 1, 2012, new text end 39.14 new text begin and clause (4) is effective retroactively from January 1, 2011. new text end 39.15    Sec. 45. Minnesota Statutes 2010, section 296A.08, subdivision 3, is amended to read: 39.16    Subd. 3. Exemptions. The provisions of subdivisions 1 and 2 do not apply to 39.17special fuel or alternative fuels purchased by: 39.18    (1) a transit system or transit provider receiving financial assistance or 39.19reimbursement under section 174.24, 256B.0625, subdivision 17, or 473.384; 39.20    (2) new text begin providers of transportation to recipients of medical assistance home and new text end 39.21 new text begin community-based services waivers enrolled in day programs, including adult day care, new text end 39.22 new text begin family adult day care, day treatment and habilitation, prevocational services, and new text end 39.23 new text begin structured day services; new text end 39.24 new text begin (3) new text end an ambulance service licensed under chapter 144E; or 39.25 new text begin (4) providers of medical or dental services by a federally qualified health center, new text end 39.26 new text begin as defined under title 19 of the Social Security Act, as amended by Section 4161 of the new text end 39.27 new text begin Omnibus Budget Reconciliation Act of 1990 with a motor vehicle used exclusively as a new text end 39.28 new text begin mobile medical unit; or new text end 39.29    (3) new text begin (5) new text end a licensed distributor to be delivered to a terminal for use in blending. 39.30 new text begin EFFECTIVE DATE. new text end new text begin Clause (2) is effective retroactively from January 1, 2012, new text end 39.31 new text begin and clause (4) is effective retroactively from January 1, 2011. new text end 39.32    Sec. 46. Minnesota Statutes 2010, section 297A.68, subdivision 19, is amended to read: 39.33    Subd. 19. Petroleum products. The following petroleum products are exempt: 40.1(1) products upon which a tax has been imposed and paid under chapter 296A, 40.2and for which no refund has been or will be allowed because the buyer used the fuel 40.3for nonhighway use; 40.4(2) products that are used in the improvement of agricultural land by constructing, 40.5maintaining, and repairing drainage ditches, tile drainage systems, grass waterways, water 40.6impoundment, and other erosion control structures; 40.7(3) products purchased by a transit system receiving financial assistance under 40.8section 174.24, 256B.0625, subdivision 17, or 473.384; 40.9(4) products purchased by an ambulance service licensed under chapter 144E; 40.10(5) products used in a passenger snowmobile, as defined in section 296A.01, 40.11subdivision 39 , for off-highway business use as part of the operations of a resort as 40.12provided under section 296A.16, subdivision 2, clause (2); or 40.13(6) products purchased by a state or a political subdivision of a state for use in motor 40.14vehicles exempt from registration under section 168.012, subdivision 1, paragraph (b) new text begin ; new text end 40.15 new text begin (7) products purchased by providers of transportation to recipients of medical new text end 40.16 new text begin assistance home and community-based services waivers enrolled in day programs, new text end 40.17 new text begin including adult day care, family adult day care, day treatment and habilitation, new text end 40.18 new text begin prevocational services, and structured day services; or new text end 40.19 new text begin (8) products used in a motor vehicle used exclusively as a mobile medical unit new text end 40.20 new text begin for the provision of medical or dental services by a federally qualified health center, as new text end 40.21 new text begin defined under title 19 of the federal Social Security Act, as amended by Section 4161 of new text end 40.22 new text begin the Omnibus Budget Reconciliation Act of 1990 new text end . 40.23 new text begin EFFECTIVE DATE. new text end new text begin Clause (7) is effective retroactively from January 1, 2012, new text end 40.24 new text begin and clause (8) is effective retroactively from January 1, 2011. new text end 40.25    Sec. 47. Minnesota Statutes 2011 Supplement, section 297B.03, is amended to read: 40.26297B.03 EXEMPTIONS. 40.27    There is specifically exempted from the provisions of this chapter and from 40.28computation of the amount of tax imposed by it the following: 40.29    (1) purchase or use, including use under a lease purchase agreement or installment 40.30sales contract made pursuant to section 465.71, of any motor vehicle by the United States 40.31and its agencies and instrumentalities and by any person described in and subject to the 40.32conditions provided in section 297A.67, subdivision 11; 40.33    (2) purchase or use of any motor vehicle by any person who was a resident of 40.34another state or country at the time of the purchase and who subsequently becomes a 41.1resident of Minnesota, provided the purchase occurred more than 60 days prior to the date 41.2such person began residing in the state of Minnesota and the motor vehicle was registered 41.3in the person's name in the other state or country; 41.4    (3) purchase or use of any motor vehicle by any person making a valid election to be 41.5taxed under the provisions of section 297A.90; 41.6    (4) purchase or use of any motor vehicle previously registered in the state of 41.7Minnesota when such transfer constitutes a transfer within the meaning of section 118, 41.8331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or 1563(a) of the Internal 41.9Revenue Code; 41.10    (5) purchase or use of any vehicle owned by a resident of another state and leased 41.11to a Minnesota-based private or for-hire carrier for regular use in the transportation of 41.12persons or property in interstate commerce provided the vehicle is titled in the state of 41.13the owner or secured party, and that state does not impose a sales tax or sales tax on 41.14motor vehicles used in interstate commerce; 41.15    (6) purchase or use of a motor vehicle by a private nonprofit or public educational 41.16institution for use as an instructional aid in automotive training programs operated by the 41.17institution. "Automotive training programs" includes motor vehicle body and mechanical 41.18repair courses but does not include driver education programs; 41.19    (7) purchase of a motor vehicle by an ambulance service licensed under section 41.20144E.10 when that vehicle is equipped and specifically intended for emergency response 41.21or for providing ambulance service; 41.22    (8) purchase of a motor vehicle by or for a public library, as defined in section 41.23134.001, subdivision 2 , as a bookmobile or library delivery vehicle; 41.24    (9) purchase of a ready-mixed concrete truck; 41.25    (10) purchase or use of a motor vehicle by a town for use exclusively for road 41.26maintenance, including snowplows and dump trucks, but not including automobiles, 41.27vans, or pickup trucks; 41.28    (11) purchase or use of a motor vehicle by a corporation, society, association, 41.29foundation, or institution organized and operated exclusively for charitable, religious, 41.30or educational purposes, except a public school, university, or library, but only if the 41.31vehicle is: 41.32    (i) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a 41.33passenger automobile, as defined in section 168.002, if the automobile is designed and 41.34used for carrying more than nine persons including the driver; and 42.1    (ii) intended to be used primarily to transport tangible personal property or 42.2individuals, other than employees, to whom the organization provides service in 42.3performing its charitable, religious, or educational purpose; 42.4    (12) purchase of a motor vehicle for use by a transit provider exclusively to provide 42.5transit service is exempt if the transit provider is either (i) receiving financial assistance or 42.6reimbursement under section 174.24 or 473.384, or (ii) operating under section 174.29, 42.7473.388 , or 473.405; 42.8    (13) purchase or use of a motor vehicle by a qualified business, as defined in section 42.9469.310 , located in a job opportunity building zone, if the motor vehicle is principally 42.10garaged in the job opportunity building zone and is primarily used as part of or in direct 42.11support of the person's operations carried on in the job opportunity building zone. The 42.12exemption under this clause applies to sales, if the purchase was made and delivery 42.13received during the duration of the job opportunity building zone. The exemption under 42.14this clause also applies to any local sales and use tax; and 42.15    (14) purchase of a leased vehicle by the lessee who was a participant in a 42.16lease-to-own program from a charitable organization that is: 42.17    (i) described in section 501(c)(3) of the Internal Revenue Code; and 42.18    (ii) licensed as a motor vehicle lessor under section 168.27, subdivision 4 new text begin ; and new text end 42.19 new text begin (15) purchase of a motor vehicle used exclusively as a mobile medical unit for the new text end 42.20 new text begin provision of medical or dental services by a federally qualified health center, as defined new text end 42.21 new text begin under title 19 of the Social Security Act, as amended by section 4161 of the Omnibus new text end 42.22 new text begin Budget Reconciliation Act of 1990 new text end . 42.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for sales and purchases new text end 42.24 new text begin made on and after January 1, 2011. new text end 42.25    Sec. 48. Minnesota Statutes 2010, section 299D.085, subdivision 2, is amended to read: 42.26    Subd. 2. Certificate. new text begin Except as provided in subdivision 2a, new text end no person may operate 42.27as an overdimensional load escort driver in this state without a certificate issued by the 42.28commissioner, or by a state with which the commissioner has entered into a reciprocal 42.29agreement. The commissioner shall assess a fee for each certificate applicant, calculated 42.30to cover the commissioner's cost of establishing and administering the program. 42.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 42.32 new text begin and expires on the December 31 that occurs immediately after two years following the new text end 42.33 new text begin publication in the State Register of rules adopted under Laws 2010, chapter 311, section 3, new text end 42.34 new text begin subdivision 5. new text end 43.1    Sec. 49. Minnesota Statutes 2010, section 299D.085, is amended by adding a 43.2subdivision to read: 43.3     new text begin Subd. 2a. new text end new text begin Exceptions. new text end new text begin A person who is a minimum of 18 years of age, possesses a new text end 43.4 new text begin valid operator's license for the type of vehicle being operated, and meets vehicle and safety new text end 43.5 new text begin equipment standards specified by the commissioner may operate without a certificate as an new text end 43.6 new text begin overdimensional load escort driver when: (1) the load consists of manufactured homes, new text end 43.7 new text begin as defined in section 327.31, subdivision 6, or modular homes, as defined in section new text end 43.8 new text begin 272.02, subdivision 85, paragraph (c); (2) the load does not extend over the centerline of a new text end 43.9 new text begin roadway; and (3) the vehicle carrying the overdimensional load is not routed to travel the new text end 43.10 new text begin wrong way on a roadway. new text end 43.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 43.12 new text begin and expires on the December 31 that occurs immediately after two years following the new text end 43.13 new text begin publication in the State Register of rules adopted under Laws 2010, chapter 311, section 3, new text end 43.14 new text begin subdivision 5. new text end 43.15    Sec. 50. Minnesota Statutes 2010, section 299D.09, is amended to read: 43.16299D.09 ESCORT SERVICE; APPROPRIATION; RECEIPTS. 43.17    Fees charged for escort services provided by the State Patrol are annually 43.18appropriated to the commissioner of public safety to administer and provide these services. 43.19    The fees new text begin fee new text end charged for services provided by the State Patrol with a vehicle are 43.20$73.60 new text begin is $79.28 new text end an hour in fiscal year 2008 and $75.76 an hour in fiscal year 2009 and 43.21thereafter. The fees new text begin fee new text end charged for services provided without a vehicle are $54 new text begin is $59.28 new text end 43.22an hour in fiscal year 2008 and $56.16 an hour in fiscal year 2009 and thereafter. 43.23    The fees charged for State Patrol flight services are $140 an hour for a fixed wing 43.24aircraft, $490 an hour for a helicopter, and $600 an hour for the Queen Air new text begin in fiscal year new text end 43.25 new text begin 2012, and $139.64 an hour for a fixed wing aircraft, $560.83 an hour for a helicopter, and new text end 43.26 new text begin $454.84 an hour for the Queen Air in fiscal year 2013 and in fiscal year 2014 new text end . 43.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 43.28    Sec. 51. Minnesota Statutes 2010, section 325F.6641, is amended to read: 43.29325F.6641 DISCLOSURE OF MOTOR VEHICLE DAMAGE. 43.30    Subdivision 1. Damage. (a) If a motor new text begin late-model new text end vehicle new text begin , as defined in section new text end 43.31 new text begin 168A.01, subdivision 8a, new text end has sustained damage by collision or other occurrence which 43.32exceeds 70 new text begin 80 new text end percent of its actual cash value immediately prior to sustaining damage, the 43.33seller must disclose that fact to the buyer, if the seller has actual knowledge of the damage. 44.1The amount of damage is determined by the retail cost of repairing the vehicle based on a 44.2complete written retail repair estimate or invoice, exclusive of the actual cost incurred to 44.3repair, replace, or reinstall inflatable safety restraints and other vehicle components that 44.4must be replaced due to the deployment of the inflatable safety restraints. 44.5(b) The disclosure required under this subdivision must be made in writing on the 44.6application for title and registration or other transfer document, in a manner prescribed 44.7by the registrar of motor vehicles. The registrar shall revise the certificate of title form, 44.8including the assignment by seller (transferor) and reassignment by licensed dealer 44.9sections of the form, the separate application for title forms, and other transfer documents 44.10to accommodate this disclosure. If the seller is a motor vehicle dealer licensed pursuant to 44.11section 168.27, the disclosure required by this section must be made orally by the dealer to 44.12the prospective buyer in the course of the sales presentation. 44.13(c) Upon transfer and application for title to a vehicle covered by this subdivision, 44.14the registrar shall record the term "rebuilt" on the first Minnesota certificate of title and all 44.15subsequent Minnesota certificates of title used for that vehicle. 44.16    Subd. 2. Form of disclosure. The disclosure required in this section must be made 44.17in substantially the following form: "To the best of my knowledge, this vehicle has ..... 44.18has not ..... sustained damage, exclusive of any costs to repair, replace, or reinstall air bags 44.19and other components that were replaced due to deployment of air bags, in excess of 44.2070 new text begin 80 new text end percent actual cash value." 44.21    Sec. 52. Minnesota Statutes 2010, section 325F.6644, subdivision 1, is amended to 44.22read: 44.23    Subdivision 1. Damage disclosure. Section 325F.6641 does not apply to vehicles 44.24that are six years old or older as calculated from the first day of January of the designated 44.25model year or to commercial motor vehicles with a gross vehicle weight rating of 16,000 44.26pounds or more or to motorcycles. 44.27    Sec. 53. new text begin DISTANCE-BASED FARE SURCHARGE; PILOT PROGRAM. new text end 44.28     new text begin Subdivision 1. new text end new text begin Pilot program authorized. new text end new text begin Notwithstanding Minnesota Statutes, new text end 44.29 new text begin section 473.408, subdivision 2a, or any other law to the contrary, replacement service new text end 44.30 new text begin transit providers operating under Minnesota Statutes, section 473.388, may establish a new text end 44.31 new text begin pilot program that adds a distance-based surcharge to standard transit fares. new text end 44.32     new text begin Subd. 2. new text end new text begin Pilot program restrictions. new text end new text begin (a) A replacement service transit provider new text end 44.33 new text begin exercising its authority under subdivision 1 may only impose a distance-based surcharge new text end 44.34 new text begin on routes with a total length greater than 15 miles. new text end 45.1 new text begin (b) Any distance-based surcharge imposed must be prorated on the basis of the new text end 45.2 new text begin distance traveled by the rider paying the surcharge. new text end 45.3     new text begin Subd. 3. new text end new text begin Reporting requirements. new text end new text begin By August 1 of each year a pilot program is new text end 45.4 new text begin in effect, the replacement service transit provider imposing the distance-based surcharge new text end 45.5 new text begin shall submit to the chairs and ranking minority members of the house of representatives new text end 45.6 new text begin and senate committees having jurisdiction over transportation policy and finance a new text end 45.7 new text begin report detailing the activities of the pilot program. The report shall include information new text end 45.8 new text begin specifying the total revenue collected from the distance-based surcharge and the average new text end 45.9 new text begin surcharge collected per rider, analyzing any impact the surcharge has had on the fare new text end 45.10 new text begin policy considerations under Minnesota Statutes, section 473.408, subdivision 2, and any new text end 45.11 new text begin other information requested by the chairs of the house of representatives and senate new text end 45.12 new text begin committees having jurisdiction over transportation policy and finance. new text end 45.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 45.14 new text begin and expires on January 1, 2016. new text end 45.15    Sec. 54. new text begin REPORTS ON USE OF CONSTRUCTION MANAGER/GENERAL new text end 45.16 new text begin CONTRACTOR METHOD. new text end 45.17     new text begin Subdivision 1. new text end new text begin Submission of reports. new text end new text begin The commissioner shall report on experience new text end 45.18 new text begin with and evaluation of the construction manager/general contractor method of contracting new text end 45.19 new text begin authorized in Minnesota Statutes, sections 161.3207 to 161.3209. The reports must be new text end 45.20 new text begin submitted to the chairs and ranking minority members of the legislative committees with new text end 45.21 new text begin jurisdiction over transportation policy or transportation finance and in compliance with new text end 45.22 new text begin Minnesota Statutes, sections 3.195 and 3.197. An interim report must be submitted new text end 45.23 new text begin no later than 12 months following the commissioner's acceptance of five construction new text end 45.24 new text begin manager/general contractor contracts. A final report must be submitted no later than 12 new text end 45.25 new text begin months following the commissioner's acceptance of ten construction manager/general new text end 45.26 new text begin contractor contracts. new text end 45.27     new text begin Subd. 2. new text end new text begin Content of reports. new text end new text begin The reports must include: (1) a description of new text end 45.28 new text begin circumstances of any projects as to which construction manager/general contractor new text end 45.29 new text begin requests for qualifications or requests for proposals were solicited, followed by a new text end 45.30 new text begin cancellation of the solicitation; (2) a description of projects as to which construction new text end 45.31 new text begin manager/general contractor method was utilized; (3) a comparison of project cost new text end 45.32 new text begin estimates with final project costs, if available; and (4) evaluation of the construction new text end 45.33 new text begin manager/general contractor method of procurement with respect to implications for new text end 45.34 new text begin project cost, use of innovative techniques, completion time, and obtaining maximum new text end 45.35 new text begin value. The final report must also include recommendations as to continued use of the new text end 46.1 new text begin program and desired modifications to the program, and recommended legislation to new text end 46.2 new text begin continue, discontinue, or modify the program. new text end 46.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 46.4 new text begin and expires one year following the acceptance of ten construction manager/general new text end 46.5 new text begin contractor contracts. new text end 46.6    Sec. 55. new text begin MUNICIPAL STATE-AID STREET FUND 2013 ALLOCATION. new text end 46.7 new text begin (a) Notwithstanding Minnesota Statutes, section 162.13, subdivision 1, the new text end 46.8 new text begin commissioner of transportation shall allocate the apportionment sum available in the new text end 46.9 new text begin municipal state-aid street fund, following the deductions under Minnesota Statutes, section new text end 46.10 new text begin 162.12, as provided in this section. new text end 46.11 new text begin (b) The commissioner shall identify a remuneration sum for each city that: new text end 46.12 new text begin (1) qualifies for municipal state-aid street funds under Minnesota Statutes, section new text end 46.13 new text begin 162.09, subdivision 4a; and new text end 46.14 new text begin (2) was not allocated municipal state-aid street funds for calendar year 2012. new text end 46.15 new text begin (c) The remuneration sum for each city equals the amount the city received under new text end 46.16 new text begin the allocation of municipal state-aid street funds for calendar year 2011. new text end 46.17 new text begin (d) For the calendar year 2013 allocation only, the commissioner shall: new text end 46.18 new text begin (1) allocate to the appropriate city an amount from the apportionment sum equal new text end 46.19 new text begin to the remuneration sum calculated in paragraph (c); and new text end 46.20 new text begin (2) allocate the remaining apportionment sum as provided under Minnesota Statutes, new text end 46.21 new text begin section 162.13, subdivision 1. new text end 46.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 46.23    Sec. 56. new text begin TRANSFER OF MONEY FROM MUNICIPAL STATE-AID STREET new text end 46.24 new text begin FUND FOR MUNICIPAL BOND DEBT SERVICE. new text end 46.25     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following definitions new text end 46.26 new text begin apply: new text end 46.27 new text begin (1) "bonds" means municipal general obligation bonds dated July 17, 2008, of which new text end 46.28 new text begin the original principal amount of $1,055,000 applies to state-aid streets; and new text end 46.29 new text begin (2) "city" means a city that: new text end 46.30 new text begin (i) issued bonds; new text end 46.31 new text begin (ii) received municipal state-aid distributions immediately before the 2010 federal new text end 46.32 new text begin decennial census; and new text end 47.1 new text begin (iii) was found in the 2010 federal decennial census to have fewer than 5,000 new text end 47.2 new text begin population. new text end 47.3     new text begin Subd. 2. new text end new text begin Population. new text end new text begin In any calendar year in which the city is not eligible, other than new text end 47.4 new text begin as provided by this section, to receive a municipal state-aid street fund apportionment, the new text end 47.5 new text begin city is deemed to have a population of 5,000 or more solely for the purposes of Minnesota new text end 47.6 new text begin Statutes, section 162.18, and solely with respect to the bonds defined in this section. new text end 47.7     new text begin Subd. 3. new text end new text begin Deposit in sinking fund. new text end new text begin The commissioner of management and budget new text end 47.8 new text begin shall, until the bonds are retired, issue a warrant annually in the amount certified by the new text end 47.9 new text begin commissioner of transportation as needed by the city for the principal and interest, to the new text end 47.10 new text begin fiscal officer of the city, and the amount must be deposited by the fiscal officer in the new text end 47.11 new text begin sinking fund from which the principal and interest on the bonds are payable. new text end 47.12     new text begin Subd. 4. new text end new text begin Transfer from municipal state-aid street fund. new text end new text begin In each year in which new text end 47.13 new text begin the city is not eligible to receive a municipal state-aid street fund apportionment, other new text end 47.14 new text begin than as provided by this section, the commissioner of transportation shall, following the new text end 47.15 new text begin deductions under Minnesota Statutes, section 162.12, transfer from the municipal state-aid new text end 47.16 new text begin street fund to the city's maintenance account money sufficient to pay the principal and new text end 47.17 new text begin interest on the bonds as they become due. new text end 47.18     new text begin Subd. 5. new text end new text begin Allocation of remaining municipal state-aid apportionment sum. new text end 47.19 new text begin The commissioner of transportation shall allocate the remaining apportionment sum as new text end 47.20 new text begin provided under Minnesota Statutes, section 162.13, subdivision 1. new text end 47.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 47.22 new text begin and expires on the earlier of the day after the bonds are retired or the day after the new text end 47.23 new text begin commissioner of management and budget has, under this section or under Minnesota new text end 47.24 new text begin Statutes, section 162.18, transferred to the city's sinking fund an amount that will be new text end 47.25 new text begin sufficient to retire the bonds. new text end 47.26    Sec. 57. new text begin WATER PERMITTING PROCESSES FOR TRANSPORTATION new text end 47.27 new text begin PROJECTS; REPORT. new text end 47.28 new text begin By November 15, 2012, the commissioners of transportation, natural resources, and new text end 47.29 new text begin the Pollution Control Agency, in consultation with local road authorities and the Board of new text end 47.30 new text begin Water and Soil Resources, shall submit recommendations to the house of representatives new text end 47.31 new text begin and senate committees and divisions with primary jurisdiction over environment and new text end 47.32 new text begin natural resources policy and finance and transportation policy and finance on how new text end 47.33 new text begin water-related permitting for transportation projects can best be streamlined through new text end 47.34 new text begin creation of a single point of issuance system. The recommendations shall specifically: new text end 48.1 new text begin (1) outline a single point of issuance system in which road authorities applying new text end 48.2 new text begin for state water permits would interact with a single state agency serving as the sole new text end 48.3 new text begin intermediary on behalf of all state agencies with an interest in a road authority's water new text end 48.4 new text begin permit application; new text end 48.5 new text begin (2) provide a goal for the maximum number of days that the state believes are new text end 48.6 new text begin necessary to issue final water permitting decisions; new text end 48.7 new text begin (3) identify how state entities with current oversight authority over water permitting new text end 48.8 new text begin decisions would allocate resources to accommodate a single point of issuance system; and new text end 48.9 new text begin (4) suggest strategies to enhance the coordination of federal and state water new text end 48.10 new text begin permitting information gathering and decision-making. new text end 48.11    Sec. 58. new text begin REVISOR'S INSTRUCTION. new text end 48.12 new text begin The revisor of statutes shall renumber the provisions of Minnesota Statutes listed new text end 48.13 new text begin in column A to the references listed in column B. The revisor shall also make necessary new text end 48.14 new text begin cross-reference changes in Minnesota Statutes consistent with the renumbering. new text end 48.15 new text begin Column A new text end new text begin Column B new text end 48.16 new text begin 169.011, subdivision 83 new text end new text begin 168B.011, subdivision 12a new text end 48.17 new text begin 169.041 new text end new text begin 168B.035 new text end 48.18 new text begin 169.64, subdivision 5 new text end new text begin 168B.16 new text end 48.19 new text begin 169.86, subdivision 8 new text end new text begin 168B.15 new text end 48.20 new text begin 465.75 new text end new text begin 168B.14 new text end 48.21 new text begin 514.18, subdivision 1a new text end new text begin 168B.045 new text end 48.22    Sec. 59. new text begin REPEALER. new text end 48.23 new text begin Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200; 8810.9300; 8810.9400; new text end 48.24 new text begin 8810.9500; 8810.9600; and 8810.9700, new text end new text begin are repealed. new text end 48.25ARTICLE 2 48.26TRUNK HIGHWAY FUND APPROPRIATIONS 48.27 48.28 Section 1. new text begin TRUNK HIGHWAY new text end new text begin APPROPRIATION new text end new text begin $ new text end new text begin 17,530,000 new text end 48.29 48.30 new text begin Subdivision 1. new text end new text begin Appropriation for new text end new text begin Transportation new text end 48.31 new text begin This appropriation is to the commissioner of new text end 48.32 new text begin transportation for the purposes specified in new text end 48.33 new text begin this section. new text end 49.1 new text begin Unless otherwise specified, this appropriation new text end 49.2 new text begin is for fiscal year 2013 from the trunk highway new text end 49.3 new text begin fund and is available until expended. new text end 49.4 new text begin Subd. 2. new text end new text begin Willmar District Headquarters new text end new text begin 7,500,000 new text end 49.5 new text begin To design, construct, furnish, and equip a new text end 49.6 new text begin maintenance facility addition to the existing new text end 49.7 new text begin Willmar district headquarters building, new text end 49.8 new text begin and corresponding remodeling of the new text end 49.9 new text begin headquarters building. new text end 49.10 new text begin Subd. 3. new text end new text begin Plymouth Truck Station new text end new text begin 5,600,000 new text end 49.11 new text begin To construct and equip a new truck station new text end 49.12 new text begin and bridge crew building in Plymouth. new text end 49.13 new text begin Subd. 4. new text end new text begin Cambridge Truck Station new text end new text begin 3,300,000 new text end 49.14 new text begin To design, construct, furnish, and equip a new new text end 49.15 new text begin truck station facility in Cambridge, including new text end 49.16 new text begin ancillary buildings and site improvements. new text end 49.17 49.18 new text begin Subd. 5. new text end new text begin Crookston, Eden Prairie, and new text end new text begin Mendota Truck Station Design new text end new text begin 1,100,000 new text end 49.19 new text begin To design new additions to the existing truck new text end 49.20 new text begin station buildings in Crookston, Eden Prairie, new text end 49.21 new text begin and Mendota. new text end 49.22 49.23 new text begin Subd. 6. new text end new text begin Overweight Motor Vehicle new text end new text begin Registration Collection new text end new text begin 30,000 new text end 49.24 new text begin To modify Department of Transportation new text end 49.25 new text begin permit system to allow the department new text end 49.26 new text begin to collect additional registration taxes for new text end 49.27 new text begin overweight motor vehicles. new text end 49.28 new text begin This appropriation is only available if new text end 49.29 new text begin legislation is enacted in the 2012 legislative new text end 49.30 new text begin session authorizing the commissioner to new text end 49.31 new text begin collect a surcharge or additional registration new text end 49.32 new text begin tax on motor vehicles. new text end 49.33    Sec. 2. new text begin EFFECTIVE DATE. new text end 50.1 new text begin This article is effective the day following final enactment. new text end 50.2ARTICLE 3 50.3TRUNK HIGHWAY BONDS 50.4    Section 1. new text begin ROCHESTER MAINTENANCE FACILITY. new text end 50.5 new text begin $16,100,000 is appropriated to the commissioner of transportation to design, new text end 50.6 new text begin construct, furnish, and equip the maintenance facility in Rochester and corresponding new text end 50.7 new text begin remodeling of the existing district headquarters building. This appropriation is from the new text end 50.8 new text begin bond proceeds account in the trunk highway fund. new text end 50.9    Sec. 2. new text begin FLOOD MITIGATION. new text end 50.10 new text begin $10,000,000 is appropriated from the bond proceeds account in the trunk highway new text end 50.11 new text begin fund to the commissioner of transportation to provide supplemental funds for one project new text end 50.12 new text begin that, prior to the effective date of this section, has been awarded or allocated funding under new text end 50.13 new text begin the department's flood mitigation program. Notwithstanding Minnesota Statutes, section new text end 50.14 new text begin 16A.642, this appropriation is available until expended. new text end 50.15    Sec. 3. new text begin BOND SALE EXPENSES. new text end 50.16 new text begin $30,000 is appropriated from the bond proceeds account in the trunk highway fund new text end 50.17 new text begin to the commissioner of management and budget for bond sale expenses under Minnesota new text end 50.18 new text begin Statutes, section 167.50, subdivision 4. new text end 50.19    Sec. 4. new text begin TRUNK HIGHWAY FUND BOND PROCEEDS ACCOUNT. new text end 50.20 new text begin To provide the money appropriated in this article from the bond proceeds account new text end 50.21 new text begin in the trunk highway fund, the commissioner of management and budget shall sell and new text end 50.22 new text begin issue bonds of the state in an amount up to $26,130,000 in the manner, upon the terms, new text end 50.23 new text begin and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and new text end 50.24 new text begin by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts new text end 50.25 new text begin requested by the commissioner of transportation. The proceeds of the bonds, except new text end 50.26 new text begin accrued interest and any premium received from the sale of the bonds, must be credited new text end 50.27 new text begin to the bond proceeds account in the trunk highway fund. new text end 50.28    Sec. 5. new text begin EFFECTIVE DATE. new text end 50.29 new text begin This article is effective the day following final enactment. new text end