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Session Year 2001, Special Session 1

Bill Name: SF0007

E Relating to the organization, operation and financing of state government
to the department of transportation (DOT) for aeronautics, for airport
development and assistance, for aviation support including development of online
aircraft registration capabilities, for air transportation services, for greater
Minnesota transit assistance, for transit administration, for the rail service
improvement program, for port development assistance grants, for motor carrier
regulation, for local and state roads and highways, for certain transportation
studies, for an update of the statewide transportation plan, for a
transportation research contingent account, for electronic communications, for
general management and services and for buildings, to the metropolitan council
for transit operations, to the department of public safety for public safety
officer survivor benefits, for soft body armor reimbursements, for new state
patrol positions and the recruit training academy, for driver and vehicle
services and for traffic and pipeline safety and to the department of finance
for the payment of tort claims and for general contingent accounts; providing
certain additional appropriations for ; authorizing or requiring certain fund
transfers and extending the availability of certain appropriations; requiring
the commissioner of transportation to seek a federal waiver to allow the sale of
a certain airplane; restricting trunk highway fund expenditures and providing
for certain reimbursements to the fund; placing a moratorium on commissioner
removal from the statewide transportation improvement program of construction of
a new bridge across the St. Croix River near trunk highway 36; restricting
metropolitan council metro mobility expenditures; approving certain pipeline
safety office assessments; requiring the commissioner of transportation to
reduce the district 1 construction budget to repay the advance of highway
construction funds; expanding the use of a certain prior appropriation to the
commissioner for public safety radio communications; authorizing a certain
metropolitan council bus transit ways study; modifying a certain prior
appropriation to the highway user tax distribution fund due to reduction of the
motor vehicle registration tax ARTICLE 2 TRANSPORTATION POLICY Requiring the
commissioner of transportation to construct a differential global positioning
system tower in Hubbard county, requiring the commissioner of natural resources
(DNR) to negotiate a long term lease of the property with the federal coast
guard for tower erection, operation and maintenance purposes; placing a
moratorium on the I-35W trunk highway 62 (crosstown) interchange improvement
project in Richfield, requiring the commissioner of transportation to contract
with a consultant to prepare a report and recommendations to the legislature by
a certain date on project issues; declaring the port of Minneapolis along the
upper harbor of the Mississippi River as a necessary element of the regional
transportation system; prohibiting the commissioner and the metropolitan council
from failing to approve certain highway projects based on local ordinances;
requiring the commissioner of public safety to report to the legislature by a
certain date on the efficiency and cost effectiveness of the present state
trooper recruit training program; maintaining municipal state aid for certain
cities with a reduced population according to the federal census; eliminating
the repeal of the municipal state aid street system advisory committee;
modifying certain provisions governing trunk highway bond proceeds and highway
bond financed property, authorizing the commissioner of finance to use general
or trunk highway fund money to sell highway bonds with legislative
authorization, requiring replacement; authorizing the use of unmarked motor
vehicles by the investigative staff of the gambling control board, specifying
certain registration and license plates display requirements for the tax exempt
vehicles; exempting department of transportation work orders and work order
amendments from commissioner of administration or attorney general signature
requirements and increasing the dollar limits on the requirement to use the
solicitation process for department acquisitions; authorizing acquiring
authorities to consider reimbursing businesses displaced under eminent domain
proceedings for a certain amount of relocation or reestablishment expenses;
providing for the payment of certain town bridge engineering costs from the town
bridge account; designating certain portions of trunk highway 75 as the king of
trails; authorizing the placement of DOT advertisements for bids on the
Internet, authorizing the commissioner to require electronic furnishing of bid,
performance or payment bonds and bidders to submit bids electronically;
regulating DOT professional or technical services contracts; authorizing road
authorities by agreement to advance funds to the commissioner to expedite
development of interregional transportation corridors; authorizing the
commissioner as a condition of awarding transportation construction contracts in
the taconite tax relief area to require contractors to hire a certain percentage
of workers residing in the area; increasing the limits on the amount of money in
the disaster accounts of the county state aid highway and municipal state aid
street funds; clarifying the definition of passenger automobile relating to vans
for registration purposes; providing for lifetime registration of certain light
utility trailers; authorizing the display of temporary permits in conjunction
with an expired registration on vehicles registered as collector vehicles under
certain conditions; providing for lifetime license plates for veterans; removing
military or veterans special plates from the definition of special license
plates for design purposes; expanding the grounds for cancellation of motor
vehicle dealer licenses and modifying the definition of utility trailer for
dealer regulation provisions exclusion purposes; increasing the filing fee for
motor vehicle registration transactions, separating the registration renewal fee
from the fee for other transactions, clarifying the prohibition on the charging
of a fee for correction of errors and providing for dealer retention of a
certain portion of the fee for electronic transactions; providing a standing
appropriation from the highway user tax distribution fund to the commissioner of
public safety to pay the costs of purchasing, delivering and mailing motor
vehicle license plates and registration tabs, stickers and notices; specifying
conditions for owner cancellation of a motor vehicle purchase after transfer of
interest for certificate of title purposes, authorizing the refund of taxes and
fees after submittal of certain documentation; providing for electronic
reporting of motor vehicle accidents; requiring motor vehicle drivers
approaching and before passing emergency vehicles parked or otherwise stopped on
or next to a street or highway with two lanes in the same direction to move to
the lane farthest from the emergency vehicle; authorizing the use of surge
brakes on trailers or semitrailers; authorizing the display of dealer plates or
certain permits in conjunction with expired registrations; eliminating the
requirement to sign drivers licenses in ink; increasing certain judgment
satisfaction requirements; modifying the allocation of money in the alcohol
impaired driver education account; eliminating a certain exemption from
requirements for driver training schools; authorizing the commissioner of
transportation to bill highway maintenance operating units of the department and
local road authorities for the costs of a centrally managed pavement marking
program; modifying the public transit subsidy program, eliminating the large
urbanized area service classification and excluding costs related to the
Superior, Wisconsin and independent school district 709, Duluth service
contracts from total operating costs of the Duluth transit authority (DTA);
restricting the expenditure of funds by the commissioner or the metropolitan
council to study commuter or light rail transit and requiring the commissioner
to notify the legislature of the expenditure of state funds to study high speed
intercity passenger rail service; modifying certain provisions regulating major
transportation projects; making optional the requirement for the commissioner to
construct a public safety radio communications system, requiring the
commissioner to annually publish a list of state owned tower sites available to
commercial wireless service providers and other tower owners for installation of
equipment; authorizing counties, cities or towns to establish quiet zones to
regulate or prohibit the sounding of horns, whistles or other audible warnings
by railroad locomotives; authorizing the commissioner to lease previously
acquired state rail bank right-of-way to state agencies, governmental
subdivisions or private entities for nontransportation purposes under certain
conditions; excluding eliminating interurban railways and including telephone
and cable companies and telecommunications and fiber optic carriers in a certain
provision regulating wires crossing or paralleling railway lines; eliminating
the increase in the amount of gasoline attributable to snowmobile use for
gasoline tax apportionment purposes; modifying the sales tax exemption for
metropolitan council LRT operation; temporarily modifying the distribution of
motor vehicle sales tax proceeds to the highway user tax distribution and
general funds; expanding the authority of the commissioner of public safety to
accept paid advertising in publications; expanding the definition of public
safety officer for survivor benefits eligibility purposes to persons other than
state troopers employed by the commissioner of public safety and assigned to the
state patrol to enforce commercial motor vehicle laws and regulations; modifying
certain provisions relating to the transportation revolving loan fund,
establishing a state funds general account in the fund for certain
transportation projects; providing tort liability immunity for local government
units for claims resulting from the use or operation of recreational vehicles
within road or highway rights-of-way, exception; requiring budgets of the
metropolitan council to separately indicate proposed operating assistance for
LRT lines; specifying certain membership requirements of the metropolitan
council transportation planning advisory body; restricting the authority of the
metropolitan council to levy transit taxes in cities or towns added to transit
taxing districts; requiring land use plans in the metropolitan area to include
consideration of the goals, intentions and priorities relating to aggregate and
other natural resources, transportation infrastructure, land use compatibility,
habitat, agricultural preservation and other planning priorities; making
permanent the metropolitan council performance based funding demonstration
program for certain transit providers and reducing the recipient operating costs
payment responsibility ARTICLE 3 DESIGN BUILD Providing for use of the design
build method of construction for state transportation projects; authorizing and
providing for commissioner of transportation (DOT) solicitation and award of
design build contracts on a best value selection process basis for certain
transportation projects using the competitive process for design build services
solicitation, limit, requiring commissioner notice to the legislature of
decisions to use the design build method and the reason for choosing the method,
subjecting the design build method of state transportation project delivery to
state law relating to municipal consent to highways in municipalities;
specifying certain general and specific criteria for awarding the contracts;
requiring commissioner summary reports of reasons for using the design build
construction contracting procedure; specifying certain contracting personnel
licensing or registration requirements, liability retention provision; requiring
and providing for the commissioner to establish a phased procedure for awarding
the contracts, requiring appointment of a technical review committee and
preparation of requests for qualifications, specifying certain RFQ content
requirements; requiring selection team (technical review committee) evaluation
of the qualifications of responding firms and compilation of a short list of
qualified firms based on the required criteria; requiring commissioner issuance
of requests for proposals (RFP) to the design builders on the list, specifying
certain request content requirements, regulating team member replacement and
specifying certain duties of the commissioner and the technical review committee
relating to proposals received, prescribing a scoring procedure and authorizing
and providing for bid adjustments under certain time factor conditions,
requiring commissioner selection of the design builder with the lowest adjusted
score, authorizing the rejection of all proposals; providing an alternative
contracting process for certain lower priced projects; requiring and providing
for the commissioner to award a stipulated fee to proposers providing
unsuccessful proposals; authorizing the commissioner to use low bid design build
procedures to award design build contracts for certain projects, specifying
certain process requirements and restrictions; requiring the commissioner to
annually submit to the governor and the legislature a listing of all executed
design build contracts, specifying certain report content requirements ARTICLE 4
CRIMINAL JUSTICE APPROPRIATIONS Appropriating money to the supreme court for
legal services to low income clients and family farmers, for judicial branch
transformation and infrastructure, for court information system redevelopment
continuation and for law library operations, to the court of appeals, to the
district courts for reimbursement to Carlton county for certain extraordinary
expenses, for new judge units, for alternative dispute resolution programs, for
certain mandated costs, for infrastructure staff, for certain court
effectiveness initiatives and for ninth judicial district child custody and
support pilot projects, to the board on judicial standards, to the tax court, to
the department of human rights, to the uniform laws commission, to the crime
victim ombudsman, to the department of public safety for emergency management
including grants to the city of Granite Falls for certain tornado related costs
and for project turnabout and to the cities of Ada, Breckenridge, East Grand
Forks and Warren for certain flood recovery costs, for bomb disposal units, for
bureau of criminal apprehension (BCA) cross jurisdictional criminal activity
cooperative investigation, laboratory activities, CriMNet and overtime expenses,
for the state fire marshal, for alcohol and gambling enforcement, for the crime
victim services center including per diem funding for shelters and safe homes
and grants to the city of St. Paul for support services to the surviving family
members of homicide, suicide and accidental death victims and for law
enforcement and community grants including funding to combat methamphetamine
trafficking and production, criminal gang strike force, COPS, HEAT and financial
crimes investigation unit and automobile theft prevention grants, a grant to
Ramsey county to continue the joint domestic abuse prosecution unit and certain
model policing programs, to the boards of peace officer standards and training
(POST) and private detective and protective agent services and to the department
of corrections for CriMNet; providing for certain emergency management and tax
court deficiency appropriations and for the continued availability of certain
appropriations; sunsetting uncodified language; requiring the commissioner of
human rights to conduct a comparative analysis of the caseloads of human rights
departments in other states and report to the legislature by a certain date;
requiring the commissioner of public safety to convert a certain number of
combination hazardous materials emergency response chemical assessment teams to
stand alone chemical assessment teams, requiring the remaining combination team
to be based in St. Paul; specifying certain required uses of federal Byrne
number of judgeships in the first, third, seventh and tenth judicial districts;
requiring the chief justice of the supreme court to determine the pay and
expenses for reassigned retired judges; authorizing the bureau of criminal
apprehension to charge a fee for Internet access to public criminal history
data, limit, specifying certain web site requirements, exempting public
defenders from the charge; removing the director of the Minnesota police and
peace officers association from criminal gang oversight council membership;
authorizing and providing for local government units to enter into agreements to
establish major financial crimes investigation task forces; eliminating the
repeal of the automobile theft prevention program and modifying certain duties
of the commissioner of public safety, providing for grants and establishing an
advisory board under the program; extending the expiration dates of the arson
strike force and the sexual assault and general crime victims advisory councils;
providing for state assumption of the costs of hiring court interpreters;
requiring the crime victim ombudsman to periodically report to the commissioner
on operations and activities of the office; providing for commissioner grants
for development of mental health model policing programs, creating a community
mental health peace officer advisory board; requiring and providing for the
third and fifth judicial districts to develop or continue the operation of
alternative dispute resolution programs for conciliation court and unlawful
detainer cases; authorizing and providing for the ninth judicial district to
establish a child support pilot project; requiring chiefs of police and sheriffs
to annually report to the superintendent of the BCA certain summary data
relating to applications for permits to carry pistols; approving the fee
increases proposed for the board of private detective and protective agent
services by the governor; increasing the salaries of supreme court justices and
judges of the court of appeals and district courts; redirecting a certain
general fund appropriation base increase from the supreme court to the trial
courts ARTICLE 6 CRIMNET Expanding the duty of sheriffs, peace officers and
community corrections agencies to collect certain specified information on
criminal offenders for forwarding to the bureau of criminal apprehension,
requiring ensurance of the taking of data on juvenile offenders by prosecutors,
courts and probation officers; requiring and providing for biannual suspense
file reporting by the superintendent of the BCA; providing for district court
access to the conditional release data system; authorizing the criminal and
juvenile justice information policy group to appoint additional nonvoting
members as necessary and designating the commissioner of public safety as the
chair of and specifying certain additional duties for the group; specifying
certain offender fingerprinting requirements; requiring the commissioner of
administration to obtain an independent outside expert to review state funded
CriMNet projects and report to the legislature by a certain date ARTICLE 7
ANTI-RACIAL PROFILING Increasing the surcharge on criminal and traffic
offenders, requiring crediting of the increase to a criminal justice special
projects account in the special revenue fund, specifying certain authorized
expenditures; providing for the elimination of racial profiling in peace officer
traffic stops, specifying certain antiracial profiling policy establishment,
preservice and in-service training and study requirements and certain duties of
the board of peace officer standards and training, establishing a racial
profiling advisory committee and requiring the attorney general to operate a
toll free telephone number for racial profiling complaints; expanding
eligibility for the peace officer licensing examination to certain persons with
a baccalaureate degree or with relevant military experience; providing for
commissioner grants to law enforcement agencies participating in the racial
profiling study for purchase, installation and maintenance of video cameras on
police vehicles; requiring the chief of the state patrol to identify measures to
better recruit and increase representation of minorities in the state patrol;
requiring the POST board to facilitate regional seminars to increase awareness
about racial profiling issues, to report to the legislature by a certain date on
development of an antiracial profiling model policy and to make summary data on
complaints available to the public; specifying the intent of the legislature and
certain instructions to the revisor of statutes relating to the criminal
surcharge increase ARTICLE 8 GENERAL CRIMINAL PROVISIONS Expanding controlled
substance sale and possession crimes to certain methamphetamine drugs;
increasing the maximum fine for misdemeanor violations of the driving while
impaired (DWI) law; strengthening the provisions prohibiting cruelty to animals
and regulating dangerous dogs; increasing the penalties for fleeing a peace
officer in a motor vehicle resulting in death and for possession of pornographic
work involving minors by registered predatory offenders; expanding the crimes of
aiding an offender and of possessing shoplifting gear; imposing criminal
penalties for the manufacture, sale or issuance of fraudulent drivers licenses
or identification cards; modifying the provision providing for quadruple the
cash bail on misdemeanors or gross misdemeanors ARTICLE 9 - PREDATORY OFFENDER
REGISTRATION AND RELATED PROVISIONS Clarifying certain predatory offender
registration requirements relating to lifetime registration, the termination of
registration upon leaving the state and the additional registration period for
persons failing to register a change in residence and applying the registration
requirements to offenders convicted of similar offenses in other states;
expanding sex offender DNA analysis requirements to felony offenders of criminal
sexual conduct in the fifth degree and to violators of similar laws in other
states; repealing the retroactive application of the predatory offender
registration law, specifying legislative intent ARTICLE 10 DOMESTIC VIOLENCE
PROVISIONS Expanding the definition of domestic abuse to criminal sexual conduct
in the fifth degree and interference with an emergency call; exempting petitions
for orders for protection from residency requirements; modifying and clarifying
the provision imposing penalties for violation of orders for protection;
requiring participation in and successful completion of a domestic abuse
counseling or educational program as a condition of probation, specifying
certain standards for the programs and providing for accountability; defining
qualified domestic violence related offense under the criminal code and
expanding the application of certain criminal penalties for assault in the fifth
degree, domestic assault and harassment and stalking crimes to the offenses;
requiring the director of domestic violence and sexual assault prevention to
study issues relating to domestic violence and sexual assault and report to all
branches of government; expanding the provision providing for bail in cases of
domestic abuse or harassment to violations of protection or no contact orders
and requiring additional findings before pretrial release of defendants accused
of the crimes; directing the interagency task force on domestic violence and
sexual assault prevention to study issues relating to gender and domestic
violence and to assess the needs of male victims including false assault
accusations and report to the legislature by a certain date; repealing the
domestic abuse investigation fee ARTICLE 11 FELONY DRIVING WHILE IMPAIRED
PROVISIONS Establishing a felony level driving while impaired (under the
influence of alcohol DWI) offense as first degree driving while impaired and
prescribing mandatory penalties, specifying certain conditions of release;
changing the existing first degree offense to second degree driving while
impaired, the second degree offense to third degree driving while impaired and
the third degree offense to fourth degree driving while impaired; prohibiting
the court from staying the execution of drivers license revocation provisions
under a felony conviction and providing for custodial arrest and vehicle
forfeiture; increasing the drivers license reinstatement surcharge; maintaining
supervision levels for offenders; requiring the commissioner of corrections to
annually report to the legislature on the implementation and effects of the
felony level driving while impaired offense, specifying certain report content
requirements; appropriating money to the department of corrections, to the
bureau of criminal apprehension (BCA), to the board of public defense and to the
attorney general for certain cost increases, specifying the legislative intent
and certain instructions to the revisor of statutes relating to the
appropriations ARTICLE 12 MISCELLANEOUS DWI PROVISIONS Modifying certain DWI
(driving while impaired) offenders long term monitoring requirements and the
provision providing for consecutive sentences; providing for the determination
of alcohol by volume or by weight under the open bottle law; modifying certain
conditions for the operation of motor vehicles during the license plate
impoundment period, prohibiting the issuance of specially coded plates before
reinstatement of a valid drivers license; authorizing the use of preliminary
screening test results in prosecutions for refusing to submit to chemical
testing; clarifying the provision providing authority to withdraw blood for
chemical testing purposes; expanding the exceptions to the applicability of
certain lesser implied consent drivers license revocation requirements;
modifying the provisions providing for administrative impoundment of license
plates and for sale or transfer of motor vehicles subject to an impoundment
order; authorizing the attorney general to initiate vehicle forfeiture under
certain conditions and modifying the provision providing for distribution of
sale proceeds; imposing separate penalties for violation of restricted drivers
license conditions relating to possession or consumption of alcohol or
controlled substances or to another matter; increasing the drivers license
reinstatement fee for persons convicted of criminal vehicular homicide or
injury; clarifying the provision providing immunity from civil or criminal
liability for health professionals reporting of suspicious wounds to local
police departments or county sheriffs and prohibiting actions for not reporting