E Relating to the organization, operation and financing of state government ARTICLE 1 TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS Appropriating money 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 grants ARTICLE 5 PUBLIC SAFETY AND JUDICIARY POLICY PROVISIONS Increasing the 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 (ja)