4th Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
Engrossments | ||
---|---|---|
Introduction | Posted on 03/26/2001 | |
1st Engrossment | Posted on 04/04/2001 | |
2nd Engrossment | Posted on 04/25/2001 | |
3rd Engrossment | Posted on 04/26/2001 | |
4th Engrossment | Posted on 04/30/2001 |
1.1 A bill for an act 1.2 relating to transportation; appropriating money to the 1.3 department of transportation and other agencies; 1.4 authorizing certain assessments; providing for 20-year 1.5 registration of certain trailers; restricting certain 1.6 zoning actions in Minneapolis; modifying funding 1.7 formulas for greater Minnesota transit; authorizing 1.8 department of transportation to bill for certain 1.9 maintenance costs; modifying and canceling certain 1.10 prior-year appropriations; increasing percentage of 1.11 gasoline tax attributable to snowmobiles; proposing 1.12 constitutional amendments to dedicate 60 percent of 1.13 motor vehicle sales tax revenues to the highway user 1.14 tax distribution fund and authorize the use of general 1.15 obligation bonds for trunk highways; providing for 1.16 advertising, submitting, receiving, or posting certain 1.17 highway bids electronically; providing for 1.18 reconveyance of highway easements; modifying 1.19 provisions governing trunk highway bond proceeds and 1.20 highway bond-financed property; authorizing use of 1.21 unmarked motor vehicles by investigators of gambling 1.22 control board and exempting their vehicles from 1.23 payment of registration tax; providing for tort 1.24 immunity for claims arising out of use or operation of 1.25 recreational motor vehicle on a highway right-of-way; 1.26 permitting use of certain trailer brakes; authorizing 1.27 payment of certain engineering costs from town bridge 1.28 account; authorizing establishment of rail quiet 1.29 zones; allowing local road authorities to provide 1.30 financial assistance to expand railroad bridges; 1.31 increasing motor vehicle registration filing fee; 1.32 providing for allocation of motor vehicle sales tax 1.33 revenues; defining certain employees as public safety 1.34 officers for purpose of public safety officer's 1.35 survivor benefit; modifying financing procedures for 1.36 interregional transportation corridors; modifying 1.37 provisions relating to statewide communications system 1.38 and clarifying appropriation of related fees; 1.39 modifying provisions relating to transportation 1.40 revolving loan fund; modifying restrictions on funds 1.41 in state-aid disaster accounts; modifying state rail 1.42 bank lease provisions; prohibiting commissioner of 1.43 transportation and metropolitan council from using 1.44 certain considerations in programming or constructing 1.45 trunk highway projects and other highway actions; 1.46 restricting authority of commissioner of 2.1 transportation to erect certain towers; placing 2.2 restrictions on department of transportation 2.3 expenditures for study of light rail transit, 2.4 high-speed rail, and commuter rail; authorizing 2.5 special taxing district for light rail transit 2.6 operating costs; requiring reports; amending Minnesota 2.7 Statutes 2000, sections 16A.641, subdivision 8; 2.8 16B.54, subdivision 2; 161.082, subdivision 2a; 2.9 161.23, subdivision 3; 161.32, subdivisions 1, 1a, 1b, 2.10 1e; 161.442; 162.06, subdivision 3; 162.12, 2.11 subdivision 3; 165.05, by adding a subdivision; 2.12 168.012, subdivision 1; 168.013, subdivision 1d; 2.13 168.33, subdivision 7; 169.67, subdivision 3; 174.24, 2.14 subdivision 3b; 174.35; 174.55, subdivisions 4, 5; 2.15 174.70, subdivisions 2, 3; 174.88, subdivision 2; 2.16 222.63, subdivision 4; 296A.18, subdivision 3; 2.17 297B.09, subdivision 1; 299A.41, subdivision 4; 2.18 446A.085; 466.03, by adding a subdivision; 473.399, by 2.19 adding a subdivision; Laws 1997, chapter 159, article 2.20 2, section 4; Laws 1999, chapter 238, article 1, 2.21 section 2, subdivision 7; Laws 2000, chapter 479, 2.22 article 1, section 3, subdivision 3; Laws 2000, 2.23 chapter 490, article 7, section 3; Laws 2000, chapter 2.24 492, article 2, section 1; proposing coding for new 2.25 law in Minnesota Statutes, chapters 161; 167; 174; 2.26 219; 473. 2.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.28 ARTICLE 1 2.29 TRANSPORTATION APPROPRIATIONS 2.30 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.31 The sums shown in the columns marked "APPROPRIATIONS" are 2.32 appropriated from the general fund, or another named fund, to 2.33 the agencies and for the purposes specified in this article, to 2.34 be available for the fiscal years indicated for each purpose. 2.35 The figures "2001," "2002," and "2003," where used in this 2.36 article, mean that the appropriations listed under them are 2.37 available for the year ending June 30, 2001, June 30, 2002, or 2.38 June 30, 2003, respectively. The term "first year" means the 2.39 year ending June 30, 2002, and the term "second year" means the 2.40 year ending June 30, 2003. Appropriations for the year ending 2.41 June 30, 2001, are in addition to appropriations made in 2.42 previous years. 2.43 SUMMARY BY FUND 2.44 2001 2002 2003 TOTAL 2.45 General $ 96,042,000 $ 85,158,000 $181,200,000 2.46 Airports 20,807,000 20,548,000 41,355,000 2.47 C.S.A.H. 405,330,000 418,113,000 823,443,000 2.48 Highway 3.1 User 875,000 17,644,000 17,402,000 35,921,000 3.2 M.S.A.S. 106,469,000 109,827,000 216,296,000 3.3 Special Revenue 12,704,000 994,000 13,698,000 3.4 Trunk 3.5 Highway 445,000 1,133,040,000 1,139,209,000 2,272,694,000 3.6 TOTAL $1,320,000 $1,792,036,000 $1,791,251,000 $3,584,607,000 3.7 APPROPRIATIONS 3.8 Available for the Year 3.9 Ending June 30 3.10 2002 2003 3.11 Sec. 2. TRANSPORTATION 3.12 Subdivision 1. Total 3.13 Appropriation $1,600,025,000 $1,614,622,000 3.14 The appropriations in this section are 3.15 from the trunk highway fund, except 3.16 when another fund is named. 3.17 Summary by Fund 3.18 2002 2003 3.19 General 24,057,000 18,083,000 3.20 Airports 20,757,000 20,498,000 3.21 C.S.A.H. 405,330,000 418,113,000 3.22 M.S.A.S. 106,469,000 109,827,000 3.23 Trunk Highway 1,043,412,000 1,048,101,000 3.24 The amounts that may be spent from this 3.25 appropriation for each program are 3.26 specified in the following subdivisions. 3.27 Subd. 2. Aeronautics 20,748,000 20,489,000 3.28 Summary by Fund 3.29 Airports 20,687,000 20,428,000 3.30 General 50,000 50,000 3.31 Trunk Highway 11,000 11,000 3.32 Except as otherwise provided, the 3.33 appropriations in this subdivision are 3.34 from the state airports fund. The 3.35 amounts that may be spent from this 3.36 appropriation for each activity are as 3.37 follows: 3.38 (a) Airport Development and Assistance 3.39 2002 2003 3.40 14,298,000 14,298,000 3.41 If the appropriation for either year is 3.42 insufficient, the appropriation for the 3.43 other year is available for it. 3.44 (b) Aviation Support 4.1 6,315,000 6,053,000 4.2 $65,000 the first year and $65,000 the 4.3 second year are for the civil air 4.4 patrol. 4.5 $400,000 the first year and $50,000 the 4.6 second year are to facilitate on-line 4.7 registration of aircraft. 4.8 $600,000 the first year and $600,000 4.9 the second year are for GPS 4.10 navigational systems. Of these 4.11 amounts, $350,000 the first year and 4.12 $350,000 the second year are onetime 4.13 appropriations that may not be added to 4.14 the agency's budget base. 4.15 (c) Air Transportation Services 4.16 135,000 138,000 4.17 Summary by Fund 4.18 Airports 74,000 77,000 4.19 General 50,000 50,000 4.20 Trunk Highway 11,000 11,000 4.21 The commissioner shall take all 4.22 feasible actions to seek a waiver from 4.23 the appropriate federal authorities 4.24 that would allow the commissioner to 4.25 sell the airplane described in Laws 4.26 1997, chapter 159, article 1, section 4.27 2, subdivision 2, clause (c). 4.28 Subd. 3. Transit 17,889,000 17,910,000 4.29 Summary by Fund 4.30 General 17,549,000 17,562,000 4.31 Trunk Highway 340,000 348,000 4.32 The amounts that may be spent from this 4.33 appropriation for each activity are as 4.34 follows: 4.35 (a) Greater Minnesota Transit Assistance 4.36 17,051,000 17,051,000 4.37 This appropriation is from the general 4.38 fund. Any unencumbered balance the 4.39 first year does not cancel but is 4.40 available for the second year. 4.41 (b) Transit Administration 4.42 838,000 859,000 4.43 Summary by Fund 4.44 General 498,000 511,000 4.45 Trunk Highway 340,000 348,000 4.46 Subd. 4. Railroads and 4.47 Waterways 3,758,000 1,804,000 5.1 Summary by Fund 5.2 General 2,273,000 280,000 5.3 Trunk Highway 1,485,000 1,524,000 5.4 $1,000,000 the first year is from the 5.5 general fund for port development 5.6 assistance for expenditure in 5.7 accordance with Minnesota Statutes, 5.8 chapter 457A. This appropriation is 5.9 available until June 30, 2003. 5.10 $1,000,000 the first year is from the 5.11 general fund for deposit in the 5.12 Minnesota rail service improvement 5.13 account. 5.14 Subd. 5. Motor Carrier 5.15 Regulation 4,024,000 4,123,000 5.16 Summary by Fund 5.17 General 122,000 126,000 5.18 Trunk Highway 3,902,000 3,997,000 5.19 $500,000 the first year and $500,000 5.20 the second year are for commercial 5.21 vehicle information systems. Of this 5.22 appropriation $175,000 the first year 5.23 and $175,000 the second year are 5.24 onetime appropriations that may not be 5.25 added to the agency's budget base. 5.26 Subd. 6. Local Roads 515,799,000 527,940,000 5.27 Summary by Fund 5.28 C.S.A.H. 405,330,000 418,113,000 5.29 M.S.A.S. 106,469,000 109,827,000 5.30 General 4,000,000 -0- 5.31 The amounts that may be spent from this 5.32 appropriation for each activity are as 5.33 follows: 5.34 (a) County State Aids 5.35 405,330,000 418,113,000 5.36 This appropriation is from the county 5.37 state-aid highway fund and is available 5.38 until spent. 5.39 (b) Municipal State Aids 5.40 106,469,000 109,827,000 5.41 This appropriation is from the 5.42 municipal state-aid street fund and is 5.43 available until spent. 5.44 If an appropriation for either county 5.45 state aids or municipal state aids does 5.46 not exhaust the balance in the fund 5.47 from which it is made in the year for 5.48 which it is made, the commissioner of 6.1 finance, upon request of the 6.2 commissioner of transportation, shall 6.3 notify the chair of the transportation 6.4 finance committee of the house of 6.5 representatives and the chair of the 6.6 transportation budget division of the 6.7 senate of the amount of the remainder 6.8 and shall then add that amount to the 6.9 appropriation. The amount added is 6.10 appropriated for the purposes of county 6.11 state aids or municipal state aids, as 6.12 appropriate. 6.13 (c) Local Bridges 4,000,000 -0- 6.14 This appropriation is from the general 6.15 fund and is to match federal money and 6.16 to replace or rehabilitate local 6.17 deficient bridges. Political 6.18 subdivisions may use grants made from 6.19 this appropriation to construct or 6.20 reconstruct bridges, including: 6.21 (1) matching federal aid grants to 6.22 construct or reconstruct key bridges; 6.23 (2) paying the costs of preliminary 6.24 engineering and environmental studies 6.25 authorized under Minnesota Statutes, 6.26 section 174.50, subdivision 6a; 6.27 (3) paying the costs to abandon an 6.28 existing bridge that is deficient and 6.29 in need of replacement, but where no 6.30 replacement will be made; and 6.31 (4) paying the costs to construct a 6.32 road or street to facilitate the 6.33 abandonment of an existing bridge 6.34 determined by the commissioner to be 6.35 deficient, if the commissioner 6.36 determines that construction of the 6.37 road or street is more economical than 6.38 replacing the existing bridge. 6.39 (d) Study of Local Road 6.40 Program 6.41 (1) The commissioner shall conduct a 6.42 study of alternative methods of 6.43 establishing a local road improvement 6.44 program for distributing appropriations 6.45 made for local road improvements. 6.46 (2) In conducting the study, the 6.47 commissioner shall consider the 6.48 feasibility and desirability of: 6.49 (i) distributing money by formula among 6.50 counties and cities; and 6.51 (ii) distributing money to counties and 6.52 cities on a competitive-grant basis. 6.53 (3) In conducting the study, the 6.54 commissioner shall prepare and analyze 6.55 alternative methods of distributing 6.56 money that do not involve the existing 6.57 program framework of the county 6.58 state-aid highway system or municipal 6.59 state-aid street system, although 7.1 streets and highways on state-aid 7.2 systems may be included in any 7.3 alternative included in the study. 7.4 (4) As part of the study, the 7.5 commissioner shall consult with 7.6 representatives of local government, 7.7 city and county highway engineers, and 7.8 highway users. The commissioner shall 7.9 report the results of the study to the 7.10 governor and legislature by February 7.11 15, 2002. 7.12 Subd. 7. State Roads 979,255,000 990,557,000 7.13 Summary by Fund 7.14 General 9,000 9,000 7.15 Trunk Highway 979,246,000 990,548,000 7.16 The amounts that may be spent from this 7.17 appropriation for each activity are as 7.18 follows: 7.19 (a) State Road Construction 7.20 568,387,000 568,386,000 7.21 It is estimated that these 7.22 appropriations will be funded as 7.23 follows: 7.24 Federal Highway Aid 7.25 275,000,000 300,000,000 7.26 Highway User Taxes 7.27 293,387,000 268,386,000 7.28 The commissioner of transportation 7.29 shall notify the chair of the 7.30 transportation budget division of the 7.31 senate and chair of the transportation 7.32 finance committee of the house of 7.33 representatives quarterly of any events 7.34 that should cause these estimates to 7.35 change. 7.36 This appropriation is for the actual 7.37 construction, reconstruction, and 7.38 improvement of trunk highways. This 7.39 includes the cost of actual payment to 7.40 landowners for lands acquired for 7.41 highway rights-of-way, payment to 7.42 lessees, interest subsidies, and 7.43 relocation expenses. 7.44 The commissioner may receive money 7.45 covering other shares of the cost of 7.46 partnership projects. These receipts 7.47 are appropriated to the commissioner 7.48 for these projects. 7.49 $10,000,000 the first year and 7.50 $10,000,000 the second year are for 7.51 trunk highway improvements to eliminate 7.52 traffic bottlenecks in the seven-county 7.53 metropolitan area, and improvements to 7.54 those segments of high-risk 8.1 interregional corridors that are 8.2 located in the seven-county 8.3 metropolitan area. 8.4 $10,000,000 the first year and 8.5 $10,000,000 the second year are for 8.6 trunk highway improvements outside the 8.7 seven-county metropolitan area that the 8.8 commissioner designates as high-risk 8.9 interregional corridors. 8.10 $1,000,000 the first year and 8.11 $1,000,000 the second year are for 8.12 trunk highway advantages to bus transit 8.13 in conjunction with highway 8.14 construction or reconstruction projects 8.15 in the commissioner's statewide 8.16 transportation improvement program. 8.17 For purposes of this appropriation, 8.18 "advantages to transit" includes 8.19 shoulder bus lanes, bus park-and-ride 8.20 facilities, and bus passenger waiting 8.21 facilities, but does not include (1) 8.22 any facility relating to light rail 8.23 transit or commuter rail or (2) bus 8.24 facilities or operating costs in a 8.25 light rail transit or commuter rail 8.26 corridor. 8.27 On August 1 of 2002 and 2003 the 8.28 commissioner of transportation shall 8.29 report to the major transportation 8.30 projects commission on the status of 8.31 each trunk highway project that the 8.32 commissioner classifies as being 8.33 metropolitan bottleneck alleviation, 8.34 interregional corridors, and advantages 8.35 to transit. The report must include 8.36 (1) the full cost of the project 8.37 including inflation assumptions, (2) 8.38 the status of construction and 8.39 right-of-way acquisition; (3) a 8.40 schedule for completing the project; 8.41 (4) the status of environmental review 8.42 of the project; and (5) the status of 8.43 the project in the commissioner's 8.44 statewide transportation improvement 8.45 program. 8.46 $5,000,000 the first year and 8.47 $5,000,000 the second year are for 8.48 acquisition of right-of-way for trunk 8.49 highway construction and reconstruction 8.50 projects in advance of final design 8.51 work for those projects. 8.52 The commissioner may not spend any 8.53 money from the trunk highway fund to 8.54 pay the operating costs of bus service 8.55 intended solely or primarily to 8.56 mitigate the effects of trunk highway 8.57 construction projects. 8.58 The commissioner may not cancel, or 8.59 remove from the commissioner's 8.60 statewide transportation improvement 8.61 program, the trunk highway project that 8.62 would construct a new bridge across the 8.63 St. Croix river at or near the terminus 8.64 of marked trunk highway No. 36. 9.1 (b) Highway Debt Service 9.2 19,235,000 24,228,000 9.3 If this appropriation is insufficient 9.4 to make all transfers required in the 9.5 year for which it is made, the 9.6 commissioner of finance shall notify 9.7 the committee on state government 9.8 finance of the senate and the committee 9.9 on ways and means of the house of 9.10 representatives of the amount of the 9.11 deficiency and shall then transfer that 9.12 amount under the statutory open 9.13 appropriation. 9.14 Any excess appropriation must be 9.15 canceled to the trunk highway fund. 9.16 (c) Research and Investment Management 9.17 12,287,000 12,211,000 9.18 $600,000 the first year and $600,000 9.19 the second year are available for 9.20 grants for transportation studies 9.21 outside the metropolitan area to 9.22 identify critical concerns, problems, 9.23 and issues. These grants are available 9.24 to (1) regional development 9.25 commissions, and (2) in regions where 9.26 no regional development commission is 9.27 functioning, joint powers boards 9.28 established under agreement of two or 9.29 more political subdivisions in the 9.30 region to exercise the planning 9.31 functions of a regional development 9.32 commission, and (3) in regions where no 9.33 regional development commission or 9.34 joint powers board is functioning, the 9.35 department's district office for that 9.36 region. 9.37 $266,000 the first year and $266,000 9.38 the second year are available for 9.39 grants to metropolitan planning 9.40 organizations outside the seven-county 9.41 metropolitan area. 9.42 $200,000 the first year is for 9.43 development of an updated state 9.44 transportation plan. This is a onetime 9.45 appropriation and may not be added to 9.46 the agency's budget base. 9.47 $75,000 the first year and $75,000 the 9.48 second year are for a transportation 9.49 research contingent account to finance 9.50 research projects that are reimbursable 9.51 from the federal government or from 9.52 other sources. If the appropriation 9.53 for either year is insufficient, the 9.54 appropriation for the other year is 9.55 available for it. 9.56 $100,000 in the first year is for a 9.57 study of the feasibility and 9.58 desirability of allowing all vehicles 9.59 to use lanes on marked interstate 9.60 highway I-394 presently restricted to 9.61 high-occupancy vehicles only. The 10.1 commissioner shall determine a time 10.2 during which such use is allowed, and 10.3 take all necessary steps to permit such 10.4 use for the period of the study. The 10.5 commissioner shall contract with an 10.6 independent consultant to study the 10.7 effects of opening the lanes to all 10.8 vehicles on traffic flow, traffic 10.9 congestion, transit and high-occupancy 10.10 vehicle use, and highway safety on 10.11 I-394 and other affected highways. The 10.12 commissioner shall report to the 10.13 legislature on the results of the study 10.14 by February 1, 2002. The commissioner 10.15 shall take no actions with respect to 10.16 this study that would result in a loss 10.17 of federal funds to the state or 10.18 significant delay to a state or local 10.19 transportation project financed partly 10.20 with federal funds. 10.21 (d) Central Engineering Services 10.22 65,031,000 66,338,000 10.23 (e) Design and Construction Engineering 10.24 89,835,000 91,046,000 10.25 $1,000,000 the first year is for 10.26 planning, environmental studies, and 10.27 preliminary engineering for major river 10.28 crossings on the trunk highway system. 10.29 (f) State Road Operations 10.30 218,863,000 222,602,000 10.31 $2,000,000 the first year and 10.32 $1,000,000 the second year are for 10.33 improved highway striping. 10.34 The commissioner shall spend all money 10.35 available to the department of 10.36 transportation under Public Law Number 10.37 105-206, section 164 (repeat offender 10.38 transfer program), for hazard 10.39 elimination activities under United 10.40 States Code, title 23, section 152, and 10.41 shall not transfer any part of these 10.42 funds to any other agency. 10.43 (g) Electronic Communications 10.44 5,617,000 5,746,000 10.45 Summary by Fund 10.46 General 9,000 9,000 10.47 Trunk Highway 5,608,000 5,737,000 10.48 $9,000 the first year and $9,000 the 10.49 second year are from the general fund 10.50 for equipment and operation of the 10.51 Roosevelt signal tower for Lake of the 10.52 Woods weather broadcasting. 10.53 Subd. 8. General Support 50,836,000 51,799,000 10.54 Summary by Fund 11.1 General 54,000 56,000 11.2 Airports 70,000 70,000 11.3 Trunk Highway 50,712,000 51,673,000 11.4 The amounts that may be spent from this 11.5 appropriation for each activity are as 11.6 follows: 11.7 (a) General Management 11.8 39,148,000 39,865,000 11.9 $6,600,000 the first year and 11.10 $6,600,000 the second year are for 11.11 improvement and expansion of 11.12 information systems technology 11.13 infrastructure. 11.14 (b) General Services 11.15 11,688,000 11,934,000 11.16 Summary by Fund 11.17 General 54,000 56,000 11.18 Airports 70,000 70,000 11.19 Trunk Highway 11,564,000 11,808,000 11.20 Subd. 9. Buildings 7,716,000 -0- 11.21 This appropriation is available until 11.22 June 30, 2003. 11.23 (a) Deer Lake truck station 550,000 11.24 (b) Dodge Center truck station 575,000 11.25 (c) Mankato site work 669,000 11.26 (d) Spring Lake Park truck station addition 385,000 11.27 (e) Training center remodeling 600,000 11.28 (f) Appleton shared maintenance facility 200,000 11.29 (g) Eagan driver exam station 900,000 11.30 (h) Rest areas 180,000 11.31 (i) Land acquisition 150,000 11.32 (j) Asbestos abatement 100,000 11.33 (k) Design fees 1,807,000 11.34 (l) Unheated storage buildings 600,000 11.35 (m) Salt sheds 1,000,000 11.36 Subd. 10. Transfers 11.37 (a) The commissioner of transportation 11.38 with the approval of the commissioner 11.39 of finance may transfer unencumbered 11.40 balances among the appropriations from 11.41 the trunk highway fund and the state 11.42 airports fund made in this section. No 12.1 transfer may be made from the 12.2 appropriation for state road 12.3 construction. No transfer may be made 12.4 from the appropriations for debt 12.5 service to any other appropriation. 12.6 Transfers under this paragraph may not 12.7 be made between funds. Transfers must 12.8 be reported immediately to the chair of 12.9 the transportation budget division of 12.10 the senate and the chair of the 12.11 transportation finance committee of the 12.12 house of representatives. 12.13 (b) The commissioner of finance shall 12.14 transfer from the flexible account in 12.15 the county state-aid highway fund 12.16 $6,400,000 the first year and 12.17 $2,400,000 the second year to the 12.18 municipal turnback account in the 12.19 municipal state-aid street fund, and 12.20 shall retain the remaining amount in 12.21 the flexible account to be credited to 12.22 the county turnback account. 12.23 Subd. 11. Contingent Appropriation 12.24 The commissioner of transportation, 12.25 with the approval of the governor after 12.26 consultation with the legislative 12.27 advisory commission under Minnesota 12.28 Statutes, section 3.30, may transfer 12.29 all or part of the unappropriated 12.30 balance in the trunk highway fund to an 12.31 appropriation (1) for trunk highway 12.32 design, construction, or inspection in 12.33 order to take advantage of an 12.34 unanticipated receipt of income to the 12.35 trunk highway fund, (2) for trunk 12.36 highway maintenance in order to meet an 12.37 emergency, or (3) to pay tort or 12.38 environmental claims. The amount 12.39 transferred is appropriated for the 12.40 purpose of the account to which it is 12.41 transferred. 12.42 Subd. 12. Use of State Road 12.43 Construction Appropriations 12.44 Any money appropriated to the 12.45 commissioner of transportation for 12.46 state road construction for any fiscal 12.47 year before fiscal year 2002 is 12.48 available to the commissioner during 12.49 fiscal years 2003 and 2004 to the 12.50 extent that the commissioner spends the 12.51 money on the state road construction 12.52 project for which the money was 12.53 originally encumbered during the fiscal 12.54 year for which it was appropriated. 12.55 The commissioner of transportation 12.56 shall report to the commissioner of 12.57 finance by August 1, 2002, and August 12.58 1, 2003, on a form the commissioner of 12.59 finance provides, on expenditures made 12.60 during the previous fiscal year that 12.61 are authorized by this subdivision. 12.62 Sec. 3. METROPOLITAN COUNCIL 12.63 TRANSIT 58,967,000 55,201,000 13.1 The council may not spend more than 13.2 $42,200,000 for metro mobility in the 13.3 2002-2003 biennium except for proceeds 13.4 from bond sales when use of those 13.5 proceeds for metro mobility capital 13.6 expenditures is authorized by law. 13.7 Sec. 4. PUBLIC SAFETY 13.8 Subdivision 1. Total 13.9 Appropriation 118,916,000 120,425,000 13.10 Summary by Fund 13.11 2002 2003 13.12 General 11,590,000 11,846,000 13.13 Trunk Highway 88,828,000 90,308,000 13.14 Highway User 17,519,000 17,277,000 13.15 Special Revenue 979,000 994,000 13.16 Subd. 2. Administration and 13.17 Related Services 13,167,000 13,361,000 13.18 Summary by Fund 13.19 General 4,578,000 4,603,000 13.20 Trunk Highway 7,204,000 7,373,000 13.21 Highway User 1,385,000 1,385,000 13.22 Notwithstanding Minnesota Statutes, 13.23 section 16A.285, no part of this 13.24 appropriation may be transferred. 13.25 (a) Office of Communications 13.26 390,000 398,000 13.27 Summary by Fund 13.28 General 20,000 20,000 13.29 Trunk Highway 370,000 378,000 13.30 (b) Public Safety Support 13.31 7,901,000 7,991,000 13.32 Summary by Fund 13.33 General 3,086,000 3,087,000 13.34 Trunk Highway 3,449,000 3,538,000 13.35 Highway User 1,366,000 1,366,000 13.36 $326,000 the first year and $326,000 13.37 the second year are for payment of 13.38 public safety officer survivor benefits 13.39 under Minnesota Statutes, section 13.40 299A.44. If the appropriation for 13.41 either year is insufficient, the 13.42 appropriation for the other year is 13.43 available for it. 13.44 $244,000 the first year and $314,000 14.1 the second year are to be deposited in 14.2 the public safety officer's benefit 14.3 account. This money is available for 14.4 reimbursements under Minnesota 14.5 Statutes, section 299A.465. 14.6 $508,000 the first year and $508,000 14.7 the second year are for soft body armor 14.8 reimbursements under Minnesota 14.9 Statutes, section 299A.38. 14.10 $1,800,000 the first year and 14.11 $1,800,000 the second year are 14.12 appropriated from the general fund for 14.13 transfer by the commissioner of finance 14.14 to the trunk highway fund on December 14.15 31, 2001, and December 31, 2002, 14.16 respectively, in order to reimburse the 14.17 trunk highway fund for expenses not 14.18 related to the fund. These represent 14.19 amounts appropriated out of the trunk 14.20 highway fund for general fund purposes 14.21 in the administration and related 14.22 services program. 14.23 $610,000 the first year and $610,000 14.24 the second year are appropriated from 14.25 the highway user tax distribution fund 14.26 for transfer by the commissioner of 14.27 finance to the trunk highway fund on 14.28 December 31, 2001, and December 31, 14.29 2002, respectively, in order to 14.30 reimburse the trunk highway fund for 14.31 expenses not related to the fund. 14.32 These represent amounts appropriated 14.33 out of the trunk highway fund for 14.34 highway user tax distribution fund 14.35 purposes in the administration and 14.36 related services program. 14.37 $716,000 the first year and $716,000 14.38 the second year are appropriated from 14.39 the highway user tax distribution fund 14.40 for transfer by the commissioner of 14.41 finance to the general fund on December 14.42 31, 2001, and December 31, 2002, 14.43 respectively, in order to reimburse the 14.44 general fund for expenses not related 14.45 to the fund. These represent amounts 14.46 appropriated out of the general fund 14.47 for operation of the criminal justice 14.48 data network related to driver and 14.49 motor vehicle licensing. 14.50 (c) Technical Support Services 14.51 4,876,000 4,972,000 14.52 Summary by Fund 14.53 General 1,472,000 1,496,000 14.54 Trunk Highway 3,385,000 3,457,000 14.55 Highway User 19,000 19,000 14.56 Subd. 3. State Patrol 60,105,000 61,738,000 14.57 Summary by Fund 14.58 2000 2001 15.1 General 3,154,000 3,247,000 15.2 Trunk Highway 56,859,000 58,399,000 15.3 Highway User 92,000 92,000 15.4 (a) Patrolling Highways 15.5 50,693,000 52,054,000 15.6 Summary by Fund 15.7 General 37,000 37,000 15.8 Trunk Highway 50,564,000 51,925,000 15.9 Highway User 92,000 92,000 15.10 Notwithstanding Minnesota Statutes, 15.11 section 16A.285, no part of this 15.12 appropriation may be transferred. 15.13 (b) Commercial Vehicle Enforcement 15.14 6,295,000 6,474,000 15.15 This appropriation is from the trunk 15.16 highway fund. 15.17 Notwithstanding Minnesota Statutes, 15.18 section 16A.285, no part of this 15.19 appropriation may be transferred. 15.20 (c) Capitol Security 15.21 3,117,000 3,210,000 15.22 The commissioner may not (1) spend any 15.23 money from the trunk highway fund for 15.24 capital security, or (2) permanently 15.25 transfer any state trooper from the 15.26 patrolling highways activity to capital 15.27 security. 15.28 Subd. 4. Driver and Vehicle 15.29 Services 44,348,000 44,008,000 15.30 Summary by Fund 15.31 General 3,858,000 3,996,000 15.32 Trunk Highway 24,448,000 24,212,000 15.33 Highway User 16,042,000 15,800,000 15.34 Notwithstanding Minnesota Statutes, 15.35 section 16A.285, no part of this 15.36 appropriation may be transferred. 15.37 (a) Vehicle Registration and Title 15.38 19,845,000 19,740,000 15.39 Summary by Fund 15.40 General 3,803,000 3,940,000 15.41 Highway User 16,042,000 15,800,000 15.42 $250,000 the first year and $250,000 15.43 the second year are for unanticipated 16.1 costs relating to the production of 16.2 license plates. This appropriation is 16.3 from the highway user tax distribution 16.4 fund. The commissioner may spend money 16.5 from this appropriation only after 16.6 obtaining approval from the 16.7 commissioner of finance and notifying 16.8 the chair of the transportation budget 16.9 division of the senate and the chair of 16.10 the transportation finance committee of 16.11 the house of representatives. 16.12 The commissioner shall conduct a study 16.13 of the effect of increased 16.14 authorization and use of special 16.15 license plates on (1) department of 16.16 public safety costs and revenues, and 16.17 (2) law enforcement and public safety. 16.18 The commissioner shall report to the 16.19 legislature by February 1, 2002, on the 16.20 results of the study. 16.21 (b) Licensing Drivers 16.22 24,503,000 24,268,000 16.23 Summary by Fund 16.24 General 55,000 56,000 16.25 Trunk Highway 24,448,000 24,212,000 16.26 $400,000 the first year and $400,000 16.27 the second year are for unanticipated 16.28 costs relating to the production of 16.29 drivers' licenses. This appropriation 16.30 is from the trunk highway fund. The 16.31 commissioner may spend money from this 16.32 appropriation only after obtaining 16.33 approval from the commissioner of 16.34 finance and notifying the chair of the 16.35 transportation budget division of the 16.36 senate and the chair of the 16.37 transportation finance committee of the 16.38 house of representatives. 16.39 Subd. 5. Traffic Safety 317,000 324,000 16.40 This appropriation is from the trunk 16.41 highway fund. 16.42 Subd. 6. Pipeline Safety 979,000 994,000 16.43 This appropriation is from the pipeline 16.44 safety account in the special revenue 16.45 fund. 16.46 Sec. 5. GENERAL CONTINGENT 16.47 ACCOUNTS 375,000 375,000 16.48 The appropriations in this section may 16.49 only be spent with the approval of the 16.50 governor after consultation with the 16.51 legislative advisory commission 16.52 pursuant to Minnesota Statutes, section 16.53 3.30. 16.54 If an appropriation in this section for 16.55 either year is insufficient, the 16.56 appropriation for the other year is 16.57 available for it. 17.1 Summary by Fund 17.2 Trunk Highway 200,000 200,000 17.3 Highway User 125,000 125,000 17.4 Airports 50,000 50,000 17.5 Sec. 6. TORT CLAIMS 600,000 600,000 17.6 To be spent by the commissioner of 17.7 finance. This appropriation is from 17.8 the trunk highway fund. If the 17.9 appropriation for either year is 17.10 insufficient, the appropriation for the 17.11 other year is available for it. 17.12 Sec. 7. [TRANSFERS; FISCAL YEAR 2001 APPROPRIATIONS.] 17.13 (a) The commissioner of finance shall transfer $11,725,000 17.14 from the contingency account in the special revenue fund for 17.15 transfer to the highway user tax distribution fund for fiscal 17.16 year 2002 as reimbursement for refunds of taxes for vehicle 17.17 registration renewals due in June, 2000. 17.18 (b) $875,000 is appropriated from the highway user tax 17.19 distribution fund to the commissioner of public safety for 17.20 fiscal year 2001. This amount must be added to the 17.21 appropriation in Laws 1999, chapter 238, article 1, section 4, 17.22 subdivision 4, paragraph (a), for increased license plate costs. 17.23 (c) $445,000 is appropriated from the trunk highway fund to 17.24 the commissioner of public safety for fiscal year 2001. This 17.25 amount must be added to the appropriation in Laws 1999, chapter 17.26 238, article 1, section 4, subdivision 4, paragraph (c), for 17.27 increased driver's license card production costs. 17.28 (d) The commissioner of finance shall transfer $1,400,000 17.29 in fiscal year 2002 from the general fund to the transportation 17.30 revolving loan fund. 17.31 [EFFECTIVE DATE.] Paragraphs (b) and (c) are effective the 17.32 day following final enactment. Paragraphs (a) and (d) are 17.33 effective July 1, 2001. 17.34 Sec. 8. [OFFICE OF PIPELINE SAFETY ASSESSMENTS.] 17.35 Assessments by the office of pipeline safety under 17.36 Minnesota Statutes, section 299J.12, for purposes of section 4, 17.37 subdivision 6, are deemed approved under Minnesota Statutes, 17.38 section 16A.1283. 18.1 Sec. 9. [CERTAIN, ONETIME APPROPRIATIONS.] 18.2 General fund appropriations in this article for the 18.3 2002-2003 biennium in excess of an agency's general fund budget 18.4 base are onetime and may not be added to the agency's budget 18.5 base for the 2004-2005 biennium. For purposes of this section 18.6 the following amounts are each agency's general fund budget base: 18.7 2004 2005 18.8 Department of transportation $15,980,000 $15,980,000 18.9 Department of public safety $11,055,000 $11,034,000 18.10 Metropolitan council $53,101,000 $53,101,000 18.11 Sec. 10. [DEPARTMENT OF TRANSPORTATION DISTRICT 1 18.12 CONSTRUCTION BUDGET.] 18.13 The commissioner of transportation shall reduce the 18.14 construction budget of the department of transportation 18.15 construction district 1 by $35,000,000 over the period from 18.16 fiscal year 2003 through fiscal year 2007, in order to repay the 18.17 advance of highway construction funds in fiscal years 2001 and 18.18 2002. The reduction in each year of the period must equal the 18.19 cost of trunk highway construction projects that were originally 18.20 scheduled to be constructed during that year that were 18.21 constructed in fiscal year 2001 or 2002 instead. 18.22 Sec. 11. [PORT OF MINNEAPOLIS; RESTRICTIONS.] 18.23 Subdivision 1. [FINDING.] The legislature finds that the 18.24 continued use of the upper harbor of the Mississippi river in 18.25 the city of Minneapolis for commercial navigation relieves 18.26 transportation demand on highways and railroads in the 18.27 metropolitan area, is a necessary element of the transportation 18.28 system of the region, and is therefore of statewide significance. 18.29 Subd. 2. [RESTRICTION.] The city of Minneapolis may not 18.30 adopt or enforce any zoning ordinance or other zoning 18.31 determination that would have the effect of forcing the closing 18.32 or relocation of commercial and industrial activities along the 18.33 upper harbor of the Mississippi river that are extensively 18.34 dependent on commercial river transportation. 18.35 Sec. 12. Minnesota Statutes 2000, section 161.082, 18.36 subdivision 2a, is amended to read: 19.1 Subd. 2a. [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 19.2 (a) Money in the town bridge account must be expended on town 19.3 road bridge structures that are ten feet or more in length and 19.4 on town road culverts that replace existing town road bridges. 19.5 In addition, if the present bridge structure is less than ten 19.6 feet in length but a hydrological survey indicates that the 19.7 replacement bridge structure or culvert must be ten feet or more 19.8 in length, then the bridge or culvert is eligible for 19.9 replacement funds. 19.10 (b) In addition, if a culvert that replaces a deficient 19.11 bridge is in a county comprehensive water plan approved by the 19.12 board of water and soil resources and the department of natural 19.13 resources, the costs of the culvert and roadway grading other 19.14 than surfacing are eligible for replacement funds up to the cost 19.15 of constructing a replacement bridge. 19.16 (c) The expenditures on a bridge structure or culvert may 19.17 be paid from the county turnback account and may be for 100 19.18 percent of the cost of the replacement structure or culvert or 19.19 for 100 percent of the cost of rehabilitating the existing 19.20 structure. 19.21 (d) The town bridge account may be used to pay the costs to 19.22 abandon an existing bridge that is deficient and in need of 19.23 replacement, but where no replacement will be made. It may also 19.24 be used to pay the costs to construct a road or street to 19.25 facilitate the abandonment of an existing bridge determined by 19.26 the commissioner to be deficient, if the commissioner determines 19.27 that construction of the road or street is more cost efficient 19.28 than replacing the existing bridge. 19.29 (e) When bridge approach construction work exceeds $10,000 19.30 in costs, or when the county engineer determines that the cost 19.31 of the replacement culverts alone will not exceed $20,000, or 19.32 engineering costs exceed $10,000, the town shall be eligible for 19.33 financial assistance from the town bridge account. Financial 19.34 assistance shall be requested by resolution of the county board 19.35 and shall be limited to: 19.36 (1) 100 percent of the cost of the bridge approach work 20.1 that is in excess of $10,000;or20.2 (2) 100 percent of the cost of the replacement culverts 20.3 when the cost does not exceed $20,000 and the town board agrees 20.4 to be responsible for all the other costs, which may include 20.5 costs for structural removal, installation, and permitting. The 20.6 replacement structure design and costs shall be approved and 20.7 certified by the county engineer, but need not be subsequently 20.8 approved by the department of transportation; or 20.9 (3) 100 percent of all related engineering costs that 20.10 exceed $10,000, or in the case of towns with a net tax capacity 20.11 of less than $200,000, 100 percent of the engineering costs. 20.12 (f) Money in the town road account must be distributed as 20.13 provided in section 162.081. 20.14 Sec. 13. Minnesota Statutes 2000, section 168.013, 20.15 subdivision 1d, is amended to read: 20.16 Subd. 1d. [TRAILER.] (a) On trailers registered at a gross 20.17 vehicle weight of greater than 3,000 pounds, the annual tax is 20.18 based on total gross weight and is 30 percent of the Minnesota 20.19 base rate prescribed in subdivision 1e, when the gross weight is 20.20 15,000 pounds or less, and when the gross weight of a trailer is 20.21 more than 15,000 pounds, the tax for the first eight years of 20.22 vehicle life is 100 percent of the tax imposed in the Minnesota 20.23 base rate schedule, and during the ninth and succeeding years of 20.24 vehicle life the tax is 75 percent of the Minnesota base rate 20.25 prescribed by subdivision 1e, but in no event less than $5,20.26provided, that the tax on trailers with a total gross weight of20.273,000 pounds or less is payable biennially. 20.28 (b) Farm trailers with a gross weight in excess of 10,000 20.29 pounds and as described in section 168.011, subdivision 17, are 20.30 taxed as farm trucks as prescribed in subdivision 1c. 20.31 (c) Effective on and after July 1, 2001, trailers 20.32 registered at a gross vehicle weight of 3,000 pounds or less 20.33 must display a distinctive plate. The registration on the 20.34 license plate is valid for 20 years, unless the trailer is 20.35 subsequently reregistered at a gross weight of more than 3,000 20.36 pounds. The registration tax for trailers registered for the 21.1 first time in Minnesota is $55. For trailers registered in 21.2 Minnesota before July 1, 2001, and for which: 21.3 (1) registration is desired for 20 years, the registration 21.4 tax is $25; or 21.5 (2) 20-year registration is not desired, the biennial 21.6 registration tax is $10 for the first renewal if registration is 21.7 renewed between and including July 1, 2001, and June 30, 2003. 21.8 These trailers must be registered for 20 years at the first 21.9 renewal on or after July 1, 2003, and the registration tax is 21.10 $20. 21.11 For trailers registered at a gross weight of 3,000 pounds or 21.12 less before July 1, 2001, but not renewed until on or after July 21.13 1, 2003, the registration tax is $20 and 20-year registration 21.14 must be issued. 21.15 Sec. 14. Minnesota Statutes 2000, section 174.24, 21.16 subdivision 3b, is amended to read: 21.17 Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner 21.18 shall determine the total operating cost of any public transit 21.19 system receiving or applying for assistance in accordance with 21.20 generally accepted accounting principles. To be eligible for 21.21 financial assistance, an applicant or recipient shall provide to 21.22 the commissioner all financial records and other information and 21.23 shall permit any inspection reasonably necessary to determine 21.24 total operating cost and correspondingly the amount of 21.25 assistance which may be paid to the applicant or recipient. 21.26 Where more than one county or municipality contributes 21.27 assistance to the operation of a public transit system, the 21.28 commissioner shall identify one as lead agency for the purpose 21.29 of receivingmoneysmoney under this section. 21.30 (b) Prior to distributing operating assistance to eligible 21.31 recipients for any contract period, the commissioner shall place 21.32 all recipients into one of the following classifications:large21.33urbanized area service,urbanized area service, small urban area 21.34 service, rural area service, and elderly and handicapped 21.35 service. The commissioner shall distribute funds under this 21.36 section so that the percentage of total operating cost paid by 22.1 any recipient from local sources will not exceed the percentage 22.2 for that recipient's classification, except as provided in an 22.3 undue hardship case. The percentagesshallmust be:for large22.4urbanized area service, 50 percent;for urbanized area service 22.5 and small urban area service, 40 percent; for rural area 22.6 service, 35 percent; and for elderly and handicapped service, 35 22.7 percent. The remainder of the total operating cost will be paid 22.8 from state funds less any assistance received by the recipient 22.9 from any federal source. For purposes of this subdivision 22.10 "local sources" means all local sources of funds and includes 22.11 all operating revenue, tax levies, and contributions from public 22.12 funds, except that the commissioner may exclude from the total 22.13 assistance contract revenues derived from operations the cost of 22.14 which is excluded from the computation of total operating cost. 22.15 Total operating costs for the Duluth transit authority or a 22.16 successor agency shall not include costs related to the 22.17 Superior, Wisconsin service contract and the school bus service 22.18 contract. 22.19 (c) If a recipient informs the commissioner in writing 22.20 after the establishment of these percentages but prior to the 22.21 distribution of financial assistance for any year that paying 22.22 its designated percentage of total operating cost from local 22.23 sources will cause undue hardship, the commissioner may reduce 22.24 the percentage to be paid from local sources by the recipient 22.25 and increase the percentage to be paid from local sources by one 22.26 or more other recipients inside or outside the classification, 22.27 provided that no recipient shall have its percentage thus 22.28 reduced or increased for more than two years successively. If 22.29 for any year the funds appropriated to the commissioner to carry 22.30 out the purposes of this section are insufficient to allow the 22.31 commissioner to pay the state share of total operating cost as 22.32 provided in this paragraph, the commissioner shall reduce the 22.33 state share in each classification to the extent necessary. 22.34 Sec. 15. [174.261] [BILLING FOR HIGHWAY MAINTENANCE.] 22.35 The commissioner of transportation may bill highway 22.36 maintenance operating units of the department and local road 23.1 authorities for the cost of a centrally managed pavement marking 23.2 program. These costs may include equipment acquisition and 23.3 rental, labor, materials, and other costs as determined by the 23.4 commissioner. Receipts must be credited to a special account in 23.5 the trunk highway fund and are appropriated to the commissioner 23.6 to pay the costs for which billings are made. Amounts credited 23.7 to the account are exempt from statewide and agency indirect 23.8 cost payments. 23.9 Sec. 16. Minnesota Statutes 2000, section 296A.18, 23.10 subdivision 3, is amended to read: 23.11 Subd. 3. [SNOWMOBILE.] Approximately one percentin fiscal23.12years 1998, 1999, and 2000, and three-fourths of one percent23.13thereafter,of all gasoline received in and produced or brought 23.14 into this state, except gasoline used for aviation purposes, is 23.15 being used as fuel for the operation of snowmobiles in this 23.16 state, and of the total revenue derived from the imposition of 23.17 the gasoline fuel tax for uses other than for aviation purposes, 23.18 one percentin fiscal years 1998, 1999, and 2000, and23.19three-fourths of one percent thereafter,of such revenues is the 23.20 amount of tax on fuel used in snowmobiles operated in this state. 23.21 Sec. 17. Laws 2000, chapter 492, article 2, section 1, is 23.22 amended to read: 23.23 Section 1. [METROPOLITAN COUNCIL TRANSIT APPROPRIATION.] 23.24 (a) $25,000,000 in fiscal year 2001and $19,000,000 in23.25fiscal year 2002is appropriated from the general fund to the 23.26 metropolitan council for public improvements of a capital nature 23.27 for engineering, design, and construction of an exclusive bus 23.28 transitway including, but not limited to, acquisition of land 23.29 and right-of-way. 23.30 (b) None of the money appropriated in this section may be 23.31 spent for light rail transit or commuter rail purposes. The 23.32 appropriation in paragraph (a), split between the two fiscal 23.33 years, is nonrecurring, for one-time only, and does not commit 23.34 the state to make any additional appropriations for the 23.35 activities described in paragraph (a). 23.36 (c) The money necessary to complete the project described 24.1 in paragraph (a) must come from nonstate sources. A property 24.2 tax levied by or for the metropolitan council must not be one of 24.3 those nonstate sources. 24.4 ARTICLE 2 24.5 TRANSPORTATION DEVELOPMENT 24.6 Section 1. Minnesota Statutes 2000, section 16A.641, 24.7 subdivision 8, is amended to read: 24.8 Subd. 8. [APPROPRIATION OF PROCEEDS.] (a) The proceeds of 24.9 bonds issued under each law are appropriated for the purposes 24.10 described in the law and in this subdivision. This 24.11 appropriation may never be canceled. 24.12 (b) Before the proceeds are received in the proper special 24.13 fund, the commissioner may transfer to that fund from the 24.14 general fund amounts not exceeding the expected proceeds from 24.15 the next bond sale. The commissioner shall return these amounts 24.16 to the general fund by transferring proceeds when received. The 24.17 amounts of these transfers are appropriated from the general 24.18 fund and from the bond proceeds. 24.19 (c) Actual and necessary travel and subsistence expenses of 24.20 employees and all other nonsalary expenses incidental to the 24.21 sale, printing, execution, and delivery of bonds must be paid 24.22 from the proceeds. The proceeds are appropriated for this 24.23 purpose. Bond proceeds must not be used to pay any part of the 24.24 salary of a state employee involved in the sale, printing, 24.25 execution, or delivery of the bonds. 24.26 (d) Bond proceeds remaining in a special fund after the 24.27 purposes for which the bonds were issued are accomplished or 24.28 abandoned, as certified by the head of the agency administering 24.29 the special fund, or as determined by the commissioner, unless 24.30 devoted under the appropriation act to another purpose 24.31 designated in the act, shall be transferred to the state bond 24.32 fund. 24.33 (e) Before the proceeds of state highway bonds are received 24.34 in the trunk highway fund, the commissioner may either (1) 24.35 transfer funds to the trunk highway fund from the general fund, 24.36 or (2) authorize the use of funds in the trunk highway fund, in 25.1 an amount not exceeding the expected proceeds from the next 25.2 state highway bond sale. These funds shall be used in 25.3 accordance with the legislative authorization to sell state 25.4 highway bonds. The commissioner shall return these funds to the 25.5 general fund or replace the funds used from the trunk highway 25.6 fund by transferring proceeds when received. The amounts of 25.7 these transfers are appropriated from the general fund and from 25.8 the state highway bond proceeds. 25.9 Sec. 2. Minnesota Statutes 2000, section 16B.54, 25.10 subdivision 2, is amended to read: 25.11 Subd. 2. [VEHICLES.] (a)[ACQUISITION FROM AGENCY;25.12APPROPRIATION.]The commissioner may direct an agency to make a 25.13 transfer of a passenger motor vehicle or truck currently 25.14 assigned to it. The transfer must be made to the commissioner 25.15 for use in the central motor pool. The commissioner shall 25.16 reimburse an agency whose motor vehicles have been paid for with 25.17 funds dedicated by the constitution for a special purpose and 25.18 which are assigned to the central motor pool. The amount of 25.19 reimbursement for a motor vehicle is its average wholesale price 25.20 as determined from the midwest edition of the National 25.21 Automobile Dealers Association official used car guide. 25.22 (b)[PURCHASE.]To the extent that funds are available for 25.23 the purpose, the commissioner may purchase or otherwise acquire 25.24 additional passenger motor vehicles and trucks necessary for the 25.25 central motor pool. The title to all motor vehicles assigned to 25.26 or purchased or acquired for the central motor pool is in the 25.27 name of the department of administration. 25.28 (c)[TRANSFER AT AGENCY REQUEST.]On the request of an 25.29 agency, the commissioner may transfer to the central motor pool 25.30 any passenger motor vehicle or truck for the purpose of 25.31 disposing of it. The department or agency transferring the 25.32 vehicle or truck must be paid for it from the motor pool 25.33 revolving account established by this section in an amount equal 25.34 to two-thirds of the average wholesale price of the vehicle or 25.35 truck as determined from the midwest edition of the National 25.36 Automobile Dealers Association official used car guide. 26.1 (d)[VEHICLES; MARKING.]The commissioner shall provide 26.2 for the uniform marking of all motor vehicles. Motor vehicle 26.3 colors must be selected from the regular color chart provided by 26.4 the manufacturer each year. The commissioner may further 26.5 provide for the use of motor vehicles without marking by: 26.6 (1) the governor; 26.7 (2) the lieutenant governor; 26.8 (3) the division of criminal apprehension, the division of 26.9 alcohol and gambling enforcement, and arson investigators of the 26.10 division of fire marshal in the department of public safety; 26.11 (4) the financial institutions division of the department 26.12 of commerce; 26.13 (5) the division of disease prevention and control of the 26.14 department of health; 26.15 (6) the state lottery; 26.16 (7) criminal investigators of the department of revenue; 26.17 (8) state-owned community service facilities in the 26.18 department of human services; 26.19 (9) the investigative staff of the department of economic 26.20 security;and26.21 (10) the office of the attorney general; and 26.22 (11) the investigative staff of the gambling control board. 26.23 Sec. 3. Minnesota Statutes 2000, section 161.23, 26.24 subdivision 3, is amended to read: 26.25 Subd. 3. [LEASING.] The commissioner may lease for the 26.26 term betweentheacquisition and salethereofand for a fair 26.27 rental rate and uponsuchterms and conditions as the 26.28 commissioner deems proper, any excess real estate acquired under 26.29the provisions ofthis section, and any real estate acquired in 26.30 fee for trunk highway purposes and not presently neededtherefor26.31 for those purposes. All rents received from the leasesshall26.32 must be paid into the state treasury. Seventy percent of the 26.33 rentsshallmust be credited to the trunk highway fund. The 26.34 remaining 30 percentshallmust be paid to the county treasurer 26.35 where the real estate is located, andshall bedistributed in 26.36 the same manner as real estate taxes. This subdivision does not 27.1 apply to real estate leased for the purpose of providing 27.2 commercial and public service advertising pursuant to franchise 27.3 agreements as provided in sections 160.276 to 160.278 or to fees 27.4 collected under section 174.70, subdivision 2. 27.5 [EFFECTIVE DATE.] This section is effective the day 27.6 following final enactment. 27.7 Sec. 4. Minnesota Statutes 2000, section 161.32, 27.8 subdivision 1, is amended to read: 27.9 Subdivision 1. [ADVERTISEMENT FOR BIDS.] The commissioner 27.10 may conduct the work or any partthereofof the work incidental 27.11 to the construction and maintenance of the trunk highways by 27.12 labor employedthereforto do the work or by contract. In cases 27.13 of construction work, the commissioner shall first advertise for 27.14 bids for contracts, and if no satisfactory bids are received, 27.15 may either reject all bids and readvertise,or do the work by 27.16 labor employedthereforto do the work. Except ashereinafter27.17 provided in subdivision 3 or 4, when work is to be done under 27.18 contract, the commissioner shall advertise for bids once each 27.19 week for three successive weeks prior to the datesuchthe bids 27.20 are to be received. The advertisement for bidsshallmust be 27.21 published in a newspaper or other periodical of general 27.22 circulation in the state and may be placed on the Internet. The 27.23 plans and specifications for the proposed workshallmust be on 27.24 file in the commissioner's office prior to the first call for 27.25 bids. 27.26 [EFFECTIVE DATE.] This section is effective the day 27.27 following final enactment. 27.28 Sec. 5. Minnesota Statutes 2000, section 161.32, 27.29 subdivision 1a, is amended to read: 27.30 Subd. 1a. [STANDARD SPECIFICATIONS, SECURITY.] Contracts 27.31 under this section must be based on specifications prescribed by 27.32 the commissioner. Each bidder for a contractmustshall furnish 27.33 security approved by the commissioner to ensure completion of 27.34 the contract. The commissioner may require that bid, 27.35 performance or payment bonds, or other security be furnished 27.36 electronically. 28.1 [EFFECTIVE DATE.] This section is effective the day 28.2 following final enactment. 28.3 Sec. 6. Minnesota Statutes 2000, section 161.32, 28.4 subdivision 1b, is amended to read: 28.5 Subd. 1b. [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 28.6 bids electronically in a form and manner required by the 28.7 commissioner. Trunk highway construction contracts, including 28.8 design-build contracts, must be awarded to the lowest 28.9 responsible bidder, taking into consideration conformity with 28.10 the specifications, the purpose for which the contract or 28.11 purchase is intended, the status and capability of the vendor, 28.12 and other considerations imposed in the call for bids. The 28.13 commissioner may decide which is the lowest responsible bidder 28.14 for all contracts and may use the principles of life-cycle 28.15 costing,wherewhen appropriate, in determining the lowest 28.16 overall bid. Any or all bids may be rejected.In a case28.17whereWhen competitive bids are required andwhereall bids are 28.18 rejected, new bids, if solicited, must be called for as in the 28.19 first instance, unless otherwise provided by law. 28.20 [EFFECTIVE DATE.] This section is effective the day 28.21 following final enactment. 28.22 Sec. 7. Minnesota Statutes 2000, section 161.32, 28.23 subdivision 1e, is amended to read: 28.24 Subd. 1e. [RECORD.] A record must be kept of all bids, 28.25 including names of bidders, amounts of bids, and each successful 28.26 bid. After the contract is awarded, this record is open to 28.27 public inspection and may be posted on the Internet. 28.28 [EFFECTIVE DATE.] This section is effective the day 28.29 following final enactment. 28.30 Sec. 8. [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 28.31 CORRIDOR DEVELOPMENT.] 28.32 Subdivision 1. [CORRIDOR DEVELOPMENT.] By agreement with 28.33 the commissioner, a road authority other than the commissioner 28.34 or two or more road authorities that have entered into a joint 28.35 powers agreement under section 471.59 may make advances from any 28.36 available funds to the commissioner to expedite development of 29.1 an interregional transportation corridor, including funds for 29.2 design consultants, for right-of-way purchases, for 29.3 construction, or for other related expenditures. 29.4 Subd. 2. [REPAYMENT.] Subject to the availability of state 29.5 money, the commissioner shall repay the amount advanced under 29.6 this section, up to the state's share of costs, under terms of 29.7 the agreement. The agreement may provide for payment of 29.8 interest on the amount of advanced funds. The maximum interest 29.9 rate that may be paid is the rate earned by the state on 29.10 invested treasurer's cash for the month before the date the 29.11 agreement is executed or the actual interest paid by the road 29.12 authority in borrowing for the amount advanced, whichever rate 29.13 is less. The total amount of annual repayment to road 29.14 authorities under this section and section 161.361 must never 29.15 exceed the amount stated in the department's debt management 29.16 policy or $10,000,000, whichever is less. 29.17 [EFFECTIVE DATE.] This section is effective the day 29.18 following final enactment. 29.19 Sec. 9. Minnesota Statutes 2000, section 161.442, is 29.20 amended to read: 29.21 161.442 [RECONVEYANCE TO FORMER OWNER.] 29.22 Notwithstanding sections 161.23, 161.41, 161.411, 161.43, 29.23 161.44, or any other statute, the commissioner of 29.24 transportation,at the commissioner's sole discretionwith the 29.25 consent of the owner, may transfer, sell, or convey real 29.26 property including fixtures, and interests in real property 29.27 including easements, to the owner from whom the property was 29.28 acquired by the state for trunk highway purposes through a 29.29 pending eminent domain action. The transfer of title may be by 29.30 stipulation, partial dismissal, bill of sale, or conveyance. 29.31 Any resulting change in the state's acquisition must be 29.32 explained in the final certificate for that action. This 29.33 provision does not confer on a landowner the right to compel a 29.34 reconveyance without the consent of the commissioner. 29.35 Sec. 10. Minnesota Statutes 2000, section 162.06, 29.36 subdivision 3, is amended to read: 30.1 Subd. 3. [DISASTER ACCOUNT.] (a) After deducting 30.2 administrative costs as provided in subdivision 2, the 30.3 commissioner shall set aside each year a sum of money equal to 30.4 one percent of the remaining money in the county state-aid 30.5 highway fund to provide for a disaster account; provided that 30.6 the total amount of money in the disaster accountshallmust 30.7 never exceedonetwo percent of the total sums to be apportioned 30.8 to the counties. This sumshallmust be used to provide aid to 30.9 any county encountering disasters or unforeseen events affecting 30.10 its county state-aid highway system, and resulting in an undue 30.11 and burdensome financial hardship. 30.12 (b) Any county desiring aid by reason ofsuchdisaster or 30.13 unforeseen event shall request the aid in the form required by 30.14 the commissioner. Upon receipt of the request, the commissioner 30.15 shall appoint a board consisting of two representatives of the 30.16 counties, who must be either a county engineer or member of a 30.17 county board, from counties other than the requesting county, 30.18 and a representative of the commissioner. The board shall 30.19 investigate the matter and report its findings and 30.20 recommendations in writing to the commissioner. 30.21 (c) Final determination of the amount of aid, if any, to be 30.22 paid to the county from the disaster accountshallmust be made 30.23 by the commissioner. Upon determining to aidany sucha 30.24 requesting county, the commissioner shall certify to the 30.25 commissioner of finance the amount of the aid, and the 30.26 commissioner of finance shallthereuponthen issue a warrant in 30.27 that amount payable to the county treasurer of the county. 30.28 Money so paidshallmust be expended on the county state-aid 30.29 highway system in accordance with the rules of the commissioner. 30.30 Sec. 11. Minnesota Statutes 2000, section 162.12, 30.31 subdivision 3, is amended to read: 30.32 Subd. 3. [DISASTER ACCOUNT.] (a) After deducting 30.33 administrative costs as provided in subdivision 2, the 30.34 commissioner shall set aside each year a sum of money equal to 30.35 two percent of the remaining money in the municipal state-aid 30.36 street fund to provide for a disaster account; provided, that 31.1 the total amount of money in the disaster accountshallmust 31.2 never exceedfivethree percent of the total sums to be 31.3 apportioned to the statutory and home rule charter cities having 31.4 a population of 5,000 or more. The disaster accountshallmust 31.5 be used to provide aid to anysuchcity encountering disaster or 31.6 unforeseen event affecting the municipal state-aid street system 31.7 of the city, and resulting in an undue and burdensome financial 31.8 hardship. 31.9 (b) Anysuchcity desiring aid by reason ofsuchdisaster 31.10 or unforeseen event shall request aid in the form required by 31.11 the commissioner. Upon receipt of the request the commissioner 31.12 shall appoint a board consisting of two representatives of the 31.13 cities, who must be either a city engineer or member of the 31.14 governing body of a city, from cities other than the requesting 31.15 city, and a representative of the commissioner. The board shall 31.16 investigate the matter and report its findings and 31.17 recommendations in writing to the commissioner. 31.18 (c) Final determination of the amount of aid, if any, to be 31.19 paid to the city from the disaster accountshallmust be made by 31.20 the commissioner. Upon determining to aid the city, the 31.21 commissioner shall certify to the commissioner of finance the 31.22 amount of aid, and the commissioner of finance shall 31.23thereuponthen issue a warrant in that amount payable to the 31.24 fiscal officer of the city. Money so paidshallmust be 31.25 expended on the municipal state-aid street system in accordance 31.26 with rules of the commissioner. 31.27 Sec. 12. Minnesota Statutes 2000, section 165.05, is 31.28 amended by adding a subdivision to read: 31.29 Subd. 3. [BRIDGE UPGRADE ASSISTANCE.] The local road 31.30 authority may contract with a common carrier by rail, as defined 31.31 in section 218.011, who owns a railroad bridge to be 31.32 reconstructed, to provide joint and matching financial 31.33 assistance to expand or otherwise upgrade the railroad bridge 31.34 over a street or highway when the local road authority deems 31.35 assistance would be advantageous to meet street or highway 31.36 needs. The financial assistance provided is limited to the 32.1 costs connected with the additional construction necessary to 32.2 upgrade the bridge from its current condition to a structure 32.3 that meets present or future street or highway needs as 32.4 determined by the local road authority. The local road 32.5 authority may not provide any financial assistance under this 32.6 subdivision for either commuter rail or light rail transit 32.7 projects or purposes. This subdivision does not limit the 32.8 commissioner's authority to assign costs of a rail-highway grade 32.9 separation to a local road authority under section 219.072 or 32.10 219.40. 32.11 Sec. 13. [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND 32.12 PROCEEDS.] 32.13 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 32.14 subdivision apply to this section. 32.15 (b) "State trunk highway bond-financed property" means 32.16 property acquired, improved, or maintained in whole or in part 32.17 with the proceeds of state trunk highway bonds authorized to be 32.18 issued under article XIV, section 11, of the Minnesota 32.19 Constitution. 32.20 (c) "Outstanding state trunk highway bonds" means the 32.21 dollar amount of state trunk highway bonds, including any 32.22 refunding state trunk highway bonds, issued with respect to 32.23 state trunk highway bond-financed property, less the principal 32.24 amount of state trunk highway bonds paid or defeased. 32.25 Subd. 2. [LEASES.] (a) State trunk highway bond-financed 32.26 property may only be leased (1) for those purposes authorized by 32.27 law, (2) in accordance with the requirements of all other 32.28 applicable laws and duly adopted rules, and orders, if any, of 32.29 the commissioner of finance intended to ensure the legality and 32.30 tax-exempt status of outstanding state trunk highway bonds, and 32.31 (3) with the approval of the commissioner of finance. A lease 32.32 of state trunk highway bond-financed property, including any 32.33 renewals that are solely at the option of the lessee, must be 32.34 for a term substantially less than the useful life of the state 32.35 trunk highway bond-financed property, but may allow renewal 32.36 beyond that term upon a determination by the commissioner of 33.1 transportation that the use continues to be authorized by law 33.2 and that the additional term is authorized by law. A lease of 33.3 state trunk highway bond-financed property must be terminable by 33.4 the commissioner of transportation if the other contracting 33.5 party defaults under the contract, and must provide for 33.6 oversight by the commissioner of transportation. 33.7 (b) Notwithstanding any other law, money received by the 33.8 state under a lease of state trunk highway bond-financed 33.9 property must be paid to the commissioner of transportation, 33.10 deposited in the state trunk highway fund, and used to pay or 33.11 redeem or defease any outstanding state trunk highway bonds in 33.12 accordance with the commissioner of finance's order authorizing 33.13 their issuance. The money paid to the commissioner of 33.14 transportation is appropriated for this purpose. Money in 33.15 excess of the foregoing requirement must be applied as otherwise 33.16 required by law. 33.17 Subd. 3. [SALES.] (a) State trunk highway bond-financed 33.18 property must not be sold unless the sale (1) is for a purpose 33.19 authorized by law, (2) is conducted in accordance with 33.20 applicable law and duly adopted rules, (3) is made in accordance 33.21 with orders, if any, of the commissioner of finance intended to 33.22 ensure the legality and tax-exempt status of outstanding state 33.23 trunk highway bonds, and (4) is approved by the commissioner of 33.24 finance. 33.25 (b) Notwithstanding any other law, the net proceeds of a 33.26 sale of any state trunk highway bond-financed property must be 33.27 paid to the commissioner of transportation, deposited in the 33.28 state trunk highway fund, and used to pay or redeem or defease 33.29 any outstanding trunk highway bonds in accordance with the 33.30 commissioner of finance's order authorizing their issuance. The 33.31 net proceeds of sale paid to the commissioner of transportation 33.32 are appropriated for these purposes. Any net proceeds of sale 33.33 in excess of the foregoing requirement must be applied as 33.34 otherwise required by law. When all of the net proceeds of sale 33.35 have been applied as provided in this subdivision, the sold 33.36 property is no longer considered state trunk highway 34.1 bond-financed property. 34.2 Subd. 4. [RELATION TO OTHER LAWS.] This section applies to 34.3 all state trunk highway bond-financed property unless otherwise 34.4 provided by law. 34.5 Sec. 14. Minnesota Statutes 2000, section 168.012, 34.6 subdivision 1, is amended to read: 34.7 Subdivision 1. [VEHICLES EXEMPT FROM TAX AND REGISTRATION 34.8 FEES.] (a) The following vehicles are exempt from the provisions 34.9 of this chapter requiring payment of tax and registration fees, 34.10 except as provided in subdivision 1c: 34.11 (1) vehicles owned and used solely in the transaction of 34.12 official business by the federal government, the state, or any 34.13 political subdivision; 34.14 (2) vehicles owned and used exclusively by educational 34.15 institutions and used solely in the transportation of pupils to 34.16 and fromsuchthose institutions; 34.17 (3) vehicles used solely in driver education programs at 34.18 nonpublic high schools; 34.19 (4) vehicles owned by nonprofit charities and used 34.20 exclusively to transport disabled persons for educational 34.21 purposes; 34.22 (5) vehicles owned and used by honorary consul; 34.23 (6) ambulances owned by ambulance services licensed under 34.24 section 144E.10, the general appearance of which is 34.25 unmistakable; and 34.26 (7) vehicles owned by a commercial driving school licensed 34.27 under section 171.34, or an employee of a commercial driving 34.28 school licensed under section 171.34, and the vehicle is used 34.29 exclusively for driver education and training. 34.30 (b) Vehicles owned by the federal government, municipal 34.31 fire apparatuses including fire-suppression support vehicles, 34.32 police patrols, and ambulances, the general appearance of which 34.33 is unmistakable,shallare notberequired to register or 34.34 display number plates. 34.35 (c) Unmarked vehicles used in general police work, liquor 34.36 investigations, or arson investigations, and passenger 35.1 automobiles, pickup trucks, and buses owned or operated by the 35.2 department of correctionsshall, must be registered andshall35.3 must display appropriate license number plateswhich shall be, 35.4 furnished by the registrar at cost. Original and renewal 35.5 applications for these license plates authorized for use in 35.6 general police work and for use by the department of corrections 35.7 must be accompanied by a certification signed by the appropriate 35.8 chief of police if issued to a police vehicle, the appropriate 35.9 sheriff if issued to a sheriff's vehicle, the commissioner of 35.10 corrections if issued to a department of corrections vehicle, or 35.11 the appropriate officer in charge if issued to a vehicle of any 35.12 other law enforcement agency. The certification must be on a 35.13 form prescribed by the commissioner and state that the vehicle 35.14 will be used exclusively for a purpose authorized by this 35.15 section. 35.16 (d) Unmarked vehicles used by the departments of revenue 35.17 and labor and industry, fraud unit, in conducting seizures or 35.18 criminal investigations must be registered and must display 35.19 passenger vehicle classification license number plateswhich35.20shall be, furnished at cost by the registrar. Original and 35.21 renewal applications for these passenger vehicle license plates 35.22 must be accompanied by a certification signed by the 35.23 commissioner of revenue or the commissioner of labor and 35.24 industry. The certification must be on a form prescribed by the 35.25 commissioner and state that the vehicles will be used 35.26 exclusively for the purposes authorized by this section. 35.27 (e) Unmarked vehicles used by the division of disease 35.28 prevention and control of the department of health must be 35.29 registered and must display passenger vehicle classification 35.30 license number plates. These plates must be furnished at cost 35.31 by the registrar. Original and renewal applications for these 35.32 passenger vehicle license plates must be accompanied by a 35.33 certification signed by the commissioner of health. The 35.34 certification must be on a form prescribed by the commissioner 35.35 and state that the vehicles will be used exclusively for the 35.36 official duties of the division of disease prevention and 36.1 control. 36.2 (f) Unmarked vehicles used by staff of the gambling control 36.3 board in gambling investigations and reviews must be registered 36.4 and must display passenger vehicle classification license number 36.5 plates. These plates must be furnished at cost by the 36.6 registrar. Original and renewal applications for these 36.7 passenger vehicle license plates must be accompanied by a 36.8 certification signed by the board chair. The certification must 36.9 be on a form prescribed by the commissioner and state that the 36.10 vehicles will be used exclusively for the official duties of the 36.11 gambling control board. 36.12 (g) All other motor vehiclesshallmust be registered and 36.13 display tax-exempt number plateswhich shall be, furnished by 36.14 the registrar at cost, except as provided in subdivision 1c. 36.15 All vehicles required to display tax-exempt number platesshall36.16 must have the name of the state department or political 36.17 subdivision, nonpublic high school operating a driver education 36.18 program, or licensed commercial driving school,on the vehicle36.19 plainly displayed on both sides of the vehicle; except that each 36.20 state hospital and institution for the mentally ill and mentally 36.21 retarded may have one vehicle without the required 36.22 identification on the sides of the vehicle, and county social 36.23 service agencies may have vehicles used for child and vulnerable 36.24 adult protective services without the required identification on 36.25 the sides of the vehicle.SuchThis identificationshallmust 36.26 be in a color giving contrast with that of the part of the 36.27 vehicle on which it is placed andshallmust endure throughout 36.28 the term of the registration. The identification must not be on 36.29 a removable plate or placard andshallmust be kept clean and 36.30 visible at all times; except that a removable plate or placard 36.31 may be utilized on vehicles leased or loaned to a political 36.32 subdivision or to a nonpublic high school driver education 36.33 program. 36.34 Sec. 15. Minnesota Statutes 2000, section 168.33, 36.35 subdivision 7, is amended to read: 36.36 Subd. 7. [FILING FEE.] (a) In addition to all other 37.1 statutory fees and taxes, a filing fee of$3.50$4.50 is imposed 37.2 on everyapplicationmotor vehicle registration renewal, 37.3 excluding prorate transactions, and a filing fee of $7 is 37.4 imposed on every other type of vehicle transaction, including 37.5 prorate transactions; except that a filing fee may not be 37.6 charged for a document returned for a refund or for a correction 37.7 of an error made by the department of public safety, a licensed 37.8 motor vehicle dealer, or a deputy registrar. The filing 37.9 feeshallmust be shown as a separate item on all registration 37.10 renewal notices sent out by the departmentof public safety. No 37.11 filing fee or other fee may be charged for the permanent 37.12 surrender of a certificate of title and license plates for a 37.13 motor vehicle. 37.14 (b) Filing fees collected under this subdivision by the 37.15registrardepartment must be paid into the state treasury and 37.16 credited to the highway user tax distribution fund, except fees 37.17 for registrations of motor vehicles. Filing fees collected for 37.18 registrations of motor vehicles in conjunction with a title 37.19 transfer or first application in this state must be paid into 37.20 the state treasury with 50 percent of the money credited to the 37.21 general fund and 50 percent credited to the highway user tax 37.22 distribution fund. 37.23 (c) A motor vehicle dealer shall retain $2.50 of each 37.24 filing fee imposed under this subdivision for a completed 37.25 transaction involving the sale of a motor vehicle to or by a 37.26 licensed dealer, if the dealer electronically transmits the 37.27 transaction to the registrar or deputy registrar. The department 37.28 shall develop procedures to implement this subdivision, in 37.29 consultation with the Minnesota deputy registrar association and 37.30 the Minnesota automobile dealers association. Deputy registrars 37.31 shall not be prohibited from receiving and processing required 37.32 documents supporting an electronic transaction. 37.33 Sec. 16. Minnesota Statutes 2000, section 169.67, 37.34 subdivision 3, is amended to read: 37.35 Subd. 3. [TRAILER, SEMITRAILER.] (a) No trailer or 37.36 semitrailer with a gross weight of 3,000 or more pounds, or a 38.1 gross weight that exceeds the empty weight of the towing 38.2 vehicle, may be drawn on a highway unless it is equipped with 38.3 brakes that are adequate to control the movement of and to stop 38.4 and hold the trailer or semitrailer. A surge brake on a trailer 38.5 or semitrailer meets the requirement of this paragraph for 38.6 brakes adequate to stop and hold the trailer or semitrailer. 38.7 (b) No trailer or semitrailer that is required to have 38.8 brakes and that has a gross weight of more than 6,000 pounds may 38.9 be drawn on a highway unless it is equipped with brakes that are 38.10 so constructed that they are adequate to stop and hold the 38.11 trailer or semitrailer whenever it becomes detached from the 38.12 towing vehicle. 38.13 (c) Except as provided in paragraph (d), paragraph (a) does 38.14 not apply to: 38.15 (1) a trailer used by a farmer while transporting farm 38.16 products produced on the user's farm, or supplies back to the 38.17 farm of the trailer's user; 38.18 (2) a towed custom service vehicle drawn by a motor vehicle 38.19 that is equipped with brakes that meet the standards of 38.20 subdivision 5, provided that such a towed custom service vehicle 38.21 that exceeds 30,000 pounds gross weight may not be drawn at a 38.22 speed of more than 45 miles per hour; 38.23 (3) a trailer or semitrailer operated or used by retail 38.24 dealers of implements of husbandry while engaged exclusively in 38.25 the delivery of implements of husbandry; 38.26 (4) a motor vehicle drawn by another motor vehicle that is 38.27 equipped with brakes that meet the standards of subdivision 5; 38.28 (5) a tank trailer of not more than 12,000 pounds gross 38.29 weight owned by a distributor of liquid fertilizer while engaged 38.30 exclusively in transporting liquid fertilizer, or gaseous 38.31 fertilizer under pressure; 38.32 (6) a trailer of not more than 12,000 pounds gross weight 38.33 owned by a distributor of dry fertilizer while engaged 38.34 exclusively in the transportation of dry fertilizer; and 38.35 (7) a disabled vehicle while being towed to a place of 38.36 repair. 39.1 (d) Vehicles described in paragraph (c), clauses (1), (3), 39.2 and (4), may be operated without complying with paragraph (a) 39.3 only if the trailer or semitrailer does not exceed the following 39.4 gross weights: 39.5 (1) 3,000 pounds while being drawn by a vehicle registered 39.6 as a passenger automobile, other than a pickup truck as defined 39.7 in section 168.011, subdivision 29; 39.8 (2) 12,000 pounds while being drawn by any other motor 39.9 vehicle except a self-propelled implement of husbandry. 39.10 Sec. 17. Minnesota Statutes 2000, section 174.35, is 39.11 amended to read: 39.12 174.35 [LIGHT RAIL TRANSIT.] 39.13 The commissioner of transportation may exercise the powers 39.14 granted in this chapter and chapter 473, as necessary, to plan, 39.15 design, acquire, construct, and equip light rail transit 39.16 facilities in the metropolitan area as defined in section 39.17 473.121, subdivision 2. The commissioner shall not spend state 39.18 funds to study light rail transit unless the funds are 39.19 appropriated in legislation that identifies the proposed route 39.20 to be studied. 39.21 Sec. 18. [174.36] [NOTICE OF STUDIES OF HIGH-SPEED RAIL.] 39.22 The commissioner shall notify the chairs of the senate and 39.23 house of representatives committees with jurisdiction over 39.24 transportation finance whenever the commissioner spends state 39.25 funds to study high-speed intercity passenger rail service. 39.26 Sec. 19. Minnesota Statutes 2000, section 174.55, 39.27 subdivision 4, is amended to read: 39.28 Subd. 4. [COMMISSIONER REPORT.] The commissioner of 39.29 transportation shall report to the commission not later than 39.30 July 15 of each year. The report must consist of a listing of 39.31 candidate projects that meet the criteria of major 39.32 transportation projects within the definition in subdivision 5, 39.33 and a listing of proposed projects for study that the 39.34 commissioner believes have the potential of being major 39.35 transportation projectsbut do not have draft environmental39.36impact statements. The report must include the commissioner's 40.1 plan for funding and implementation of each project. 40.2 Sec. 20. Minnesota Statutes 2000, section 174.55, 40.3 subdivision 5, is amended to read: 40.4 Subd. 5. [MAJOR TRANSPORTATION PROJECT.] A major 40.5 transportation project is a project that meets each of the 40.6 following criteria: 40.7 (1) involves the department of transportation; 40.8 (2)has a total cost of more than $5,000,000has a 40.9 construction cost, in the year in which construction is expected 40.10 to begin, that exceeds 25 percent of the estimated annual 40.11 construction program of the department division or construction 40.12 district in which the project is located; and 40.13 (3) is a critical element of the transportation system of 40.14 its region and the state; and40.15(4) has a completed draft environmental impact statement. 40.16 Sec. 21. Minnesota Statutes 2000, section 174.70, 40.17 subdivision 2, is amended to read: 40.18 Subd. 2. [IMPLEMENTATION.] In order to facilitate 40.19 construction and maintenance of theinitial backbone of the40.20 state's communicationssystem described in subdivision 1systems 40.21 and to reduce the proliferation of communications towers, the 40.22 commissionershallmay, by purchase, lease, gift, exchange, or 40.23 other means, obtain sites for the erection of towers and the 40.24 location of equipment andshallmay construct buildings and 40.25 structures needed for developing the state's communications 40.26systemsystems. The commissioner may negotiate with commercial 40.27 wireless service providers and other tower owners to obtain 40.28 sites, towers, and equipment. Notwithstanding sections 161.433, 40.29 161.434, 161.45, and 161.46, the commissioner may by 40.30 agreement lease, allow, or permit commercial wireless service 40.31 providers or other tower owners to install privately owned 40.32 equipment on state-owned lands, buildings, and other structures 40.33 under the jurisdiction of the commissioner when it is practical 40.34 and feasible to do so. The commissioner shall annually publish 40.35 a list of state-owned tower sites that are available to 40.36 commercial wireless service providers and other tower owners for 41.1 installation of their equipment on a first-come, first-served 41.2 basis for each tower or site. The commissioner may not make 41.3 agreements that grant the exclusive use of towers. After the 41.4 commissioner has agreed to make space available on a specific 41.5 tower or at a specific site, the commissioner shall charge a 41.6 site use fee for the value of the real property or structure 41.7 made available. In lieu of a site use fee, the commissioner may 41.8 make agreements with commercial wireless service providers or 41.9 other tower owners to place state equipment on privately owned 41.10 towers and may accept(1)improvements such as tower 41.11 reinforcement, reconstruction, site development, or other site 41.12 improvements, tostate-owned public safetythe state's 41.13 communications systems facilities or real or personal property,41.14or (2) services provided by a commercial wireless service41.15provider. This section must not be construed to create a right 41.16 to install privately owned towers on trunk highway right-of-way. 41.17 [EFFECTIVE DATE.] This section is effective the day 41.18 following final enactment. 41.19 Sec. 22. Minnesota Statutes 2000, section 174.70, 41.20 subdivision 3, is amended to read: 41.21 Subd. 3. [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 41.22 under subdivision 2 must be deposited in the trunk highway 41.23 fund. The feessocollected are appropriated to the 41.24 commissioner to pay forthe commissioner's share and state41.25patrol's share of the costs of constructingdeveloping and 41.26 maintaining thecommunication system sitescommunications 41.27 systems that serve state agencies. 41.28 [EFFECTIVE DATE.] This section is effective the day 41.29 following final enactment. 41.30 Sec. 23. Minnesota Statutes 2000, section 174.88, 41.31 subdivision 2, is amended to read: 41.32 Subd. 2. [EXPENDITURE OF STATE FUNDS.] The commissioner 41.33 shall not spend any state funds for construction or equipment of 41.34 commuter rail facilities unless the funds have been appropriated 41.35 by law specifically for those purposes. The commissioner shall 41.36 not spend state funds to study commuter rail unless the funds 42.1 are appropriated in legislation that identifies the proposed 42.2 route to be studied. 42.3 Sec. 24. [219.166] [ESTABLISHMENT OF QUIET ZONES.] 42.4 Subdivision 1. [AUTHORITY.] A county, statutory or home 42.5 rule charter city, or town may by ordinance establish a defined 42.6 "quiet zone" in which the sounding of horns, whistles, or other 42.7 audible warnings by locomotives is regulated or prohibited. A 42.8 quiet zone established under this section must consist of at 42.9 least one-half mile of railroad right-of-way. All quiet zones, 42.10 regulations, and ordinances adopted under this section must 42.11 conform to federal law and the regulations of the Federal 42.12 Railroad Administration. 42.13 Subd. 2. [STATE-AID FUNDS.] Notwithstanding any other law 42.14 to the contrary, but in accordance with the Minnesota 42.15 Constitution, article XIV, sections 7 and 8, counties and 42.16 statutory or home rule charter cities may spend their county 42.17 state-aid highway or municipal state-aid street allotments to 42.18 purchase, construct, and install the necessary signals and 42.19 barriers required to meet federal regulations when establishing 42.20 a quiet zone at intersections of the railway and any county 42.21 state-aid highway or municipal state-aid street, as applicable. 42.22 Sec. 25. Minnesota Statutes 2000, section 222.63, 42.23 subdivision 4, is amended to read: 42.24 Subd. 4. [DISPOSITION PERMITTED.] (a) The commissioner may 42.25 lease any rail line or right-of-way held in the state rail bank 42.26 or enter into an agreement with any person for the operation of 42.27 any rail line or right-of-way for any of the purposes set forth 42.28 in subdivision 2 in accordance with a fee schedule to be 42.29 developed by the commissioner. 42.30 (b) The commissioner may convey any rail line or 42.31 right-of-way, for consideration or for no consideration and upon 42.32 other terms as the commissioner may determine to be in the 42.33 public interest, to any other state agency or to a governmental 42.34 subdivision of the state having power by law to utilize it for 42.35 any of the purposes set forth in subdivision 2. 42.36 (c) The commissioner may convey a portion of previously 43.1 acquired rail bank right-of-way to a state agency or 43.2 governmental subdivision when the commissioner determines that: 43.3 (1) the portion to be conveyed is in excess of that needed 43.4 for the purposes stated in subdivision 2; 43.5 (2) the conveyance is upon terms and conditions agreed upon 43.6 by both the commissioner and the state agency or governmental 43.7 subdivision; 43.8 (3) after the sale, the rail bank corridor will continue to 43.9 meet the future public and commercial transportation and 43.10 transmission needs of the state; and 43.11 (4) the conveyance will not reduce the width of the rail 43.12 bank corridor to less than 50 feet. 43.13 (d) The commissioner may lease previously acquired state 43.14 rail bank right-of-way to a state agency or governmental 43.15 subdivision or to a private entity for nontransportation 43.16 purposes when: 43.17 (1) the portion to be leased is in excess of that needed 43.18 for the purposes stated in subdivision 2; 43.19 (2) the lease will not reduce the useable width of the rail 43.20 bank corridor to less than 50 feet; 43.21 (3) the cost of the lease is based on the fair market value 43.22 of the portion to be leased, as determined by appraisal; 43.23 (4) the lease allows the commissioner to terminate the 43.24 lease on 90 days' written notice to the lessee; and 43.25 (5) the lease prohibits the construction or erection of any 43.26 permanent structure within the 50-foot rail bank corridor and 43.27 requires any structure erected on the leased property to be 43.28 removed and the land restored to its original condition on 90 43.29 days' written notice to the lessee. 43.30 (e) Proceeds from a saleshallor lease must be deposited 43.31 in the rail bank maintenance account described in subdivision 8. 43.32 Sec. 26. Minnesota Statutes 2000, section 297B.09, 43.33 subdivision 1, is amended to read: 43.34 Subdivision 1. [GENERAL FUND SHARE.] (a) Money collected 43.35 and received under this chapter must be deposited as provided in 43.36 this subdivision. 44.1 (b) From July 1, 2001, to June 30, 2002, 30.86 percent of 44.2 the money collected and received must be deposited in the 44.3 highway user tax distribution fund, and the remaining 69.14 44.4 percent of the money must be deposited in the general fund. 44.5 (c) On and after July 1, 2002, thirty-two percent of the 44.6 money collected and received must be deposited in the highway 44.7 user tax distribution fund, and the remaining 68 percent of the 44.8 money must be deposited in the general fund. 44.9 Sec. 27. Minnesota Statutes 2000, section 299A.41, 44.10 subdivision 4, is amended to read: 44.11 Subd. 4. [PUBLIC SAFETY OFFICER.] "Public safety officer" 44.12 includes: 44.13 (1) a peace officer defined in section 626.84, subdivision 44.14 1, paragraph (c) or (f); 44.15 (2) a correction officer employed at a correctional 44.16 facility and charged with maintaining the safety, security, 44.17 discipline, and custody of inmates at the facility; 44.18 (3) an individual employed on a full-time basis by the 44.19 state or by a fire department of a governmental subdivision of 44.20 the state, who is engaged in any of the following duties: 44.21 (i) firefighting; 44.22 (ii) emergency motor vehicle operation; 44.23 (iii) investigation into the cause and origin of fires; 44.24 (iv) the provision of emergency medical services; or 44.25 (v) hazardous material responder; 44.26 (4) a legally enrolled member of a volunteer fire 44.27 department or member of an independent nonprofit firefighting 44.28 corporation who is engaged in the hazards of firefighting; 44.29 (5) a good samaritan while complying with the request or 44.30 direction of a public safety officer to assist the officer; 44.31 (6) a reserve police officer or a reserve deputy sheriff 44.32 while acting under the supervision and authority of a political 44.33 subdivision; 44.34 (7) a driver or attendant with a licensed basic or advanced 44.35 life support transportation service who is engaged in providing 44.36 emergency care;and45.1 (8) a first responder who is certified by thecommissioner45.2of healthemergency medical services regulatory board to perform 45.3 basic emergency skills before the arrival of a licensed 45.4 ambulance service and who is a member of an organized service 45.5 recognized by a local political subdivision to respond to 45.6 medical emergencies to provide initial medical care before the 45.7 arrival of an ambulance; and 45.8 (9) a person, other than a state trooper, employed by the 45.9 commissioner of public safety and assigned to the state patrol, 45.10 whose primary employment is the enforcement of commercial motor 45.11 vehicle laws and regulations. 45.12 Sec. 28. Minnesota Statutes 2000, section 446A.085, is 45.13 amended to read: 45.14 446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 45.15 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 45.16 section, the terms defined in this subdivision have the meanings 45.17 given them. 45.18(a) [ACT.](b) "Act" means the National Highway System 45.19 Designation Act of 1995, Public Law Number 104-59, as amended. 45.20(b) [BORROWER.](c) "Borrower" means the state, counties, 45.21 cities, and other governmental entities eligible under the act 45.22 and state law to apply for and receive loans from the 45.23 transportation revolving loan fund, the trunk highway revolving45.24loan account, the county state-aid highway revolving loan45.25account, and the municipal state-aid street revolving loan45.26account. 45.27(c) [DEPARTMENT.] "Department" means the department of45.28transportation.45.29 (d)[LOAN.]"Loan" means financial assistance provided for 45.30 all or part of the cost of a project including money disbursed 45.31 in anticipation of reimbursement or repayment, loan guarantees, 45.32 lines of credit, credit enhancements, equipment financing 45.33 leases, bond insurance, or other forms of financial assistance. 45.34 (e)[TRANSPORTATION COMMITTEE.]"Transportation committee" 45.35 means a committee of the Minnesota public facilities authority, 45.36 acting on behalf of the Minnesota public facilities authority, 46.1 consisting of the commissioner of the department of trade and 46.2 economic development, the commissioner of finance, and the 46.3 commissioner of transportation. 46.4 Subd. 2. [PURPOSE.] The purpose of the transportation 46.5 revolving loan fund, the trunk highway revolving loan account,46.6the county state-aid highway revolving loan account, and the46.7municipal state-aid street revolving loan accountis to provide 46.8 loansand matching moneyfor public transportation projects 46.9 eligible for financing or aid under any federal act or program 46.10 or state law, including, without limitation, the study of the 46.11 feasibility of construction, reconstruction, resurfacing, 46.12 restoring, rehabilitation, or replacement of transportation 46.13 facilities; acquisition of right-of-way; and maintenance, 46.14 repair, improvement, or construction of city, town, county, or 46.15 state highways, roads, streets, rights-of-way, bridges, tunnels, 46.16 railroad-highway crossings, drainage structures, signs, 46.17 maintenance and operation facilities, guardrails, and protective 46.18 structures used in connection with highways or transit projects. 46.19 Enhancement items, including without limitation bicycle paths, 46.20 ornamental lighting, and landscaping, are eligible for financing 46.21 provided they are an integral part of overall project design and 46.22 construction of a federal-aid highway. Money in the fund may 46.23 not be used for any toll facilities project or 46.24 congestion-pricing project. 46.25 Subd. 3. [ESTABLISHMENT OF FUND.] A transportation 46.26 revolving loan fund is established to make loans for the 46.27 purposes described in subdivision 2. A highway account is 46.28 established in the fund for highway projects eligible under 46.29 United States Code, title 23. A transit account is established 46.30 in the fund for transit capital projects eligible under United 46.31 States Code, title 49. A state funds general loan account is 46.32 established in the fund for transportation projects eligible 46.33 under state law. Other accounts may be established in the fund 46.34 as necessary for its management and administration. The 46.35 transportation revolving loan fundshall receivereceives 46.36 federal money under the act and money from any source. Money 47.1 received under this section must be paid to the state treasurer 47.2 and credited to the transportation revolving loan fund. Money 47.3 in the fund is annually appropriated to thecommissioner47.4 authority and does not lapse. The fund must be credited with 47.5 investment income, and with repayments of principal and 47.6 interest, except for servicing fees assessed under sections 47.7 446A.04, subdivision 5, and 446A.11, subdivision 8. 47.8 Subd. 4. [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 47.9 shall manage and administer the transportation revolving loan 47.10 fund, the trunk highway revolving loan account, the county47.11state-aid highway revolving loan account, and the municipal47.12state-aid street revolving loan accountand individual accounts 47.13 in the fund. For those purposes, the authority may exercise all 47.14 powers provided in this chapter. 47.15Subd. 5. [TRANSFER OF MONEY.] With the consent of the47.16transportation committee, the commissioner of transportation may47.17transfer money from the trunk highway revolving loan account to47.18the trunk highway fund, from the county state-aid highway47.19revolving loan account to the county state-aid highway fund, and47.20from the municipal state-aid street revolving loan account to47.21the municipal state-aid street fund.47.22 Subd. 6. [TRANSPORTATION COMMITTEE.] The transportation 47.23 committee may authorize the making of loans to borrowers by the 47.24 authority for transportation purposes authorized by the act or 47.25 this section, without further action by the authority. The 47.26 authority may not make loans for transportation purposes without 47.27 the approval of the transportation committee. Each project must 47.28 be certified by the commissioner of transportation before its 47.29 consideration by the transportation committee. 47.30 Subd. 7. [APPLICATIONS.] Applicants for loans must submit 47.31 an application to the transportation committee on forms 47.32 prescribed by the transportation committee. The applicant must 47.33 provide the following information: 47.34 (1) the estimated cost of the project and the amount of the 47.35 loan sought; 47.36 (2) other possible sources of funding in addition to loans 48.1 sought from the transportation revolving loan fund, the trunk48.2highway revolving loan account, the county state-aid highway48.3revolving loan account, or the municipal state-aid street48.4revolving loan account; 48.5 (3) the proposed methods and sources of funds to be used 48.6 for repayment of loans received; and 48.7 (4) information showing the financial status and ability of 48.8 the borrower to repay loans. 48.9 Subd. 8. [CERTIFICATION OF PROJECTS.] The commissioner of 48.10 transportation shall consider the following information when 48.11 evaluating projects to certify for funding to the transportation 48.12 committee: 48.13 (1) a description of the nature and purpose of the proposed 48.14 transportation project including an explanation of the need for 48.15 the project and the reasons why it is in the public interest; 48.16 (2) the relationship of the project to the area 48.17 transportation improvement program, the approved statewide 48.18 transportation improvement program, and to anyother48.19 transportation plans required under state or federal law; 48.20 (3) the estimated cost of the project and the amount of 48.21 loans sought; 48.22 (4) proposed sources of funding in addition to loans sought 48.23 from the transportation revolving loan fund, the trunk highway48.24revolving loan account, the county state-aid highway revolving48.25loan account, or municipal state-aid street revolving loan48.26account; 48.27 (5) the need for the project as part of the overall 48.28 transportation system; 48.29 (6) the overall economic impact of the project; and 48.30 (7) the extent to which completion of the project will 48.31 improve the movement of people and freight. 48.32 Subd. 9. [LOAN CONDITIONS.] When making loans from the 48.33 transportation revolving loan fund,the trunk highway revolving48.34loan account, the county state-aid highway revolving loan48.35account, or the municipal state-aid street revolving loan48.36account,the transportation committee shall comply with the 49.1conditionsapplicable provisions of the act and state law. In 49.2 addition, a loan made under this section must: 49.3 (1) bear interest at or below market rates or as otherwise 49.4 specified in federal law; 49.5 (2) have a repayment term not longer than 30 years; 49.6 (3) be fully amortized no later than 30 years after project 49.7 completion; 49.8 (4) be subject to repayment of principal and interest 49.9 beginning not later than five years after the facility financed 49.10 with a loan has been completed, or in the case of a highway 49.11 project, five years after the facility has opened to traffic; 49.12 and 49.13 (5) bemadedisbursed for specific project elements only 49.14 after allfederalapplicable environmental requirements 49.15applicable to the projecthave beencomplied with and all49.16federal environmental requirements have beenmet. 49.17 Subd. 10. [LOANS IN ANTICIPATION OF FUTURE 49.18 APPORTIONMENTS.] A loan may be made to a county, or to a 49.19 statutory or home rule charter city having a population of 5,000 49.20 or more, in anticipation of repayment of the loan from sums that 49.21 will be apportioned to a county from the county state-aid 49.22 highway fund under section 162.07 or to a city from the 49.23 municipal state-aid street fund under section 162.14. 49.24 Subd. 11. [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 49.25 allocation provisions of section 162.08 for counties, and the 49.26 apportionment provisions of section 162.14 for cities, sums 49.27 apportioned under section 162.13 to a statutory or home rule 49.28 charter city, or under section 162.07 to a county, that has loan 49.29 repayments due to the transportation revolving loan fund,the49.30trunk highway revolving loan account, the county state-aid49.31highway revolving loan account, or the municipal state-aid49.32street revolving loan accountshall be paid by the commissioner 49.33 of transportation to the appropriate loan fundor accountto 49.34 offset the loan repayments that are due. 49.35 Subd. 12. [RULES OF TRANSPORTATION COMMITTEE AND 49.36 AUTHORITY.] The commissioner of the department of trade and 50.1 economic development shall adopt administrative rules specifying 50.2 the procedures that will be used for the administration of the 50.3 duties of the transportation committee and authority. The rules 50.4 must include criteria, standards, and procedures that will be 50.5 used for making loans, determining interest rates to be charged 50.6 on loans, the amount of project financing to be provided, the 50.7 collateral that will be required, the requirements for dedicated 50.8 sources of revenue or income streams to ensure repayment of 50.9 loans, and the length of repayment terms. 50.10 Subd. 13. [AUTHORITY AND RULES OF DEPARTMENT.] The 50.11 commissioner of transportation shall establish, adopt rules for, 50.12 and implement a program to identify, assist with the development 50.13 of, and certify projects eligible for loans under the act to the 50.14 transportation committee. Until rules are adopted by the 50.15 commissioner of transportation, the commissioner of 50.16 transportation may certify to the transportation committee any 50.17 project that has been reviewed through an approved planning 50.18 process that qualifies the project to be included in the 50.19 statewide transportation program or amended into the statewide 50.20 transportation improvement program. 50.21 Subd. 14. [JOINT RULES.] The commissioner of the 50.22 department of trade and economic development and the 50.23 commissioner of transportation may adopt a single set of rules. 50.24 [EFFECTIVE DATE.] This section is effective the day 50.25 following final enactment. 50.26 Sec. 29. Minnesota Statutes 2000, section 466.03, is 50.27 amended by adding a subdivision to read: 50.28 Subd. 22. [HIGHWAY RIGHT-OF-WAY.] Any claim for a loss 50.29 involving or arising out of the use or operation of a 50.30 recreational motor vehicle, as defined in section 84.90, 50.31 subdivision 1, within the right-of-way of a road or highway as 50.32 defined in section 160.02, subdivision 7, except that the 50.33 municipality is liable for conduct that would entitle a 50.34 trespasser to damages against a private person. 50.35 Sec. 30. [473.1692] [TRANSPORTATION ADVISORY BOARD.] 50.36 The council shall establish a transportation advisory board 51.1 and assign duties to it as the council deems appropriate. The 51.2 transportation advisory board established under this section 51.3 succeeds any transportation advisory board appointed and 51.4 functioning before the effective date of this section. The 51.5 membership of the transportation advisory board consists of: 51.6 (1) the commissioner of transportation or the 51.7 commissioner's designee; 51.8 (2) the commissioner of the pollution control agency or the 51.9 commissioner's designee; 51.10 (3) one member of the metropolitan airports commission 51.11 appointed by the commission; 51.12 (4) one person appointed by the commissioner of 51.13 transportation to represent nonmotorized transportation; 51.14 (5) one person appointed by the commissioner of 51.15 transportation to represent the freight transportation industry; 51.16 (6) two persons appointed by the commissioner of 51.17 transportation to represent public transit; 51.18 (7) ten elected officials of statutory or home rule charter 51.19 cities within the metropolitan area, appointed by the 51.20 association of metropolitan municipalities; 51.21 (8) seven elected officials of counties, appointed by the 51.22 association of Minnesota counties; 51.23 (9) eight citizens appointed by the council, one from each 51.24 council precinct; and 51.25 (10) one member of the council, appointed by the council. 51.26 The transportation advisory board shall elect a chair from among 51.27 its members. 51.28 Sec. 31. Minnesota Statutes 2000, section 473.399, is 51.29 amended by adding a subdivision to read: 51.30 Subd. 4. [EXPENDITURE OF STATE FUNDS.] No state funds may 51.31 be expended by the metropolitan council to study light rail 51.32 transit or commuter rail unless the funds are appropriated in 51.33 legislation that identifies the proposed route to be studied. 51.34 Sec. 32. [473.4052] [LIGHT RAIL SPECIAL SERVICE 51.35 DISTRICTS.] 51.36 Subdivision 1. [CREATION.] (a) The metropolitan council 52.1 shall establish a light rail special service district to pay for 52.2 the cost of operating light rail transit facilities and 52.3 equipment to the extent fare revenues are insufficient to cover 52.4 these costs. 52.5 (b) The council may not use any money made available 52.6 through the federal congestion mitigation and air quality 52.7 program to pay the operating costs of light rail transit. 52.8 Subd. 2. [AREA OF DISTRICT.] The geographic area of a 52.9 light rail special service district created under subdivision 1 52.10 consists of an area comprised of any parcel of property located 52.11 within a radius of one-half mile of a station for a light rail 52.12 transit line. The area excludes any planned unit development 52.13 approved before January 1, 2000, and any area detached from a 52.14 city and school district under section 473.625. 52.15 Subd. 3. [APPLICATION.] The provisions of sections 428A.01 52.16 to 428A.101 apply to special service districts established under 52.17 this section unless otherwise provided in or contrary to 52.18 sections 473.4052 to 473.4054. The provisions of sections 52.19 428A.02; 428A.03, subdivision 1; 428A.06; 428A.08; 428A.09; and 52.20 428A.10, do not apply to a district established under this 52.21 section. 52.22 [EFFECTIVE DATE.] This section applies in Anoka, Carver, 52.23 Dakota, Hennepin, Ramsey, Scott, and Washington counties and is 52.24 effective beginning for property taxes levied in 2002, payable 52.25 in 2003, for fiscal year 2004 operating costs. 52.26 Sec. 33. [473.4053] [DEFINITIONS.] 52.27 Subdivision 1. [APPLICATION.] The terms defined in this 52.28 section apply to sections 473.4052 to 473.4054, unless the 52.29 context clearly requires otherwise. 52.30 Subd. 2. [FACILITY.] "Facility" means the light rail 52.31 transit facility, equipment, and related improvements located 52.32 within the district. 52.33 Subd. 3. [LAND AREA.] "Land area" means the land area in 52.34 the district that is classified as class 3 property under 52.35 section 273.13, subdivision 24. 52.36 Subd. 4. [NET TAX CAPACITY.] "Net tax capacity" means net 53.1 tax capacity as defined in sections 428A.01 and 428A.03, 53.2 subdivision 1, but is limited to property classified as class 3 53.3 property under section 273.13, subdivision 24. 53.4 [EFFECTIVE DATE.] This section applies in Anoka, Carver, 53.5 Dakota, Hennepin, Ramsey, Scott, and Washington counties and is 53.6 effective beginning for property taxes levied in 2002, payable 53.7 in 2003, for fiscal year 2004 operating costs. 53.8 Sec. 34. [473.4054] [AUTHORITY TO IMPOSE CHARGES.] 53.9 Subdivision 1. [SERVICE CHARGES.] (a) The council shall 53.10 impose annual service charges equal to the estimated amount that 53.11 the operating costs of the facility will exceed fare revenues 53.12 for the calendar year, plus the amount of any carryover or an 53.13 operating deficit from a previous year for the facility. 53.14 (b) The service charge must be imposed as a uniform 53.15 percentage of net tax capacity of the district. 53.16 Subd. 2. [APPLICATION OF OTHER LAW.] The provisions of 53.17 section 428A.03, subdivisions 1a to 3, apply to a light rail 53.18 transit special service district. 53.19 Subd. 3. [COLLECTION OF SERVICE CHARGES.] Service charges 53.20 imposed under this section must be collected as provided in 53.21 section 428A.05. 53.22 [EFFECTIVE DATE.] This section applies in Anoka, Carver, 53.23 Dakota, Hennepin, Ramsey, Scott, and Washington counties and is 53.24 effective beginning for property taxes levied in 2002, payable 53.25 in 2003, for fiscal year 2004 operating costs. 53.26 Sec. 35. Laws 1997, chapter 159, article 2, section 4, is 53.27 amended to read: 53.28 Sec. 4. [DEMONSTRATION PROGRAMPERFORMANCE-BASED FUNDING 53.29 PROGRAM FOR CERTAIN PROVIDERS.] 53.30 Notwithstanding Minnesota Statutes, section 473.384, 53.31 subdivision 6, regarding percentages of total operating costs to 53.32 be subsidized by the metropolitan council,until June 30, 2001,53.33 the metropolitan council may establish the appropriate 53.34 percentage operating subsidy to be granted to individual 53.35 recipients under the subdivision. The metropolitan council must 53.36 establish the percentage annually, based on available transit 54.1 funds and the council's determination of a reasonable subsidy 54.2 per passenger trip in comparison to similar transit or 54.3 paratransit service in the metropolitan area. The council may 54.4 provide a subsidy up to 100 percent of a recipient's operating 54.5 costs for all or any portion of the transit or paratransit 54.6 service and may require recipients to pay up to10041.5 percent 54.7 of their own operating costs for all or any portion of the 54.8 service. 54.9 Sec. 36. Laws 1999, chapter 238, article 1, section 2, 54.10 subdivision 7, is amended to read: 54.11 Subd. 7. State Roads 912,625,000 923,769,000 54.12 Summary by Fund 54.13 General 59,000 9,000 54.14 Trunk Highway 912,566,000 923,760,000 54.15 The amounts that may be spent from this 54.16 appropriation for each activity are as 54.17 follows: 54.18 (a) State Road Construction 54.19 516,684,000 521,707,000 54.20 It is estimated that these 54.21 appropriations will be funded as 54.22 follows: 54.23 Federal Highway Aid 54.24 275,000,000 275,000,000 54.25 Highway User Taxes 54.26 241,684,000 246,707,000 54.27 The commissioner of transportation 54.28 shall notify the chair of the 54.29 transportation budget division of the 54.30 senate and chair of the transportation 54.31 finance committee of the house of 54.32 representatives quarterly of any events 54.33 that should cause these estimates to 54.34 change. 54.35 This appropriation is for the actual 54.36 construction, reconstruction, and 54.37 improvement of trunk highways. This 54.38 includes the cost of actual payment to 54.39 landowners for lands acquired for 54.40 highway rights-of-way, payment to 54.41 lessees, interest subsidies, and 54.42 relocation expenses. 54.43 The commissioner may transfer up to 54.44 $15,000,000 each year to the trunk 54.45 highway revolving loan account. 54.46 The commissioner may receive money 55.1 covering other shares of the cost of 55.2 partnership projects. These receipts 55.3 are appropriated to the commissioner 55.4 for these projects. 55.5 (b) Highway Debt Service 55.6 13,949,000 13,175,000 55.7 $3,949,000 the first year and 55.8 $3,175,000 the second year are for 55.9 transfer to the state bond fund. 55.10 If this appropriation is insufficient 55.11 to make all transfers required in the 55.12 year for which it is made, the 55.13 commissioner of finance shall notify 55.14 the committee on state government 55.15 finance of the senate and the committee 55.16 on ways and means of the house of 55.17 representatives of the amount of the 55.18 deficiency and shall then transfer that 55.19 amount under the statutory open 55.20 appropriation. 55.21 Any excess appropriation must be 55.22 canceled to the trunk highway fund. 55.23 (c) Research and Investment Management 55.24 12,450,000 12,597,000 55.25 $600,000 the first year and $600,000 55.26 the second year are available for 55.27 grants for transportation studies 55.28 outside the metropolitan area to 55.29 identify critical concerns, problems, 55.30 and issues. These grants are available 55.31 to (1) regional development 55.32 commissions, and (2) in regions where 55.33 no regional development commission is 55.34 functioning, joint powers boards 55.35 established under agreement of two or 55.36 more political subdivisions in the 55.37 region to exercise the planning 55.38 functions of a regional development 55.39 commission, and (3) in regions where no 55.40 regional development commission or 55.41 joint powers board is functioning, the 55.42 department's district office for that 55.43 region. 55.44 $216,000 the first year and $216,000 55.45 the second year are available for 55.46 grants to metropolitan planning 55.47 organizations outside the seven-county 55.48 metropolitan area. 55.49 $75,000 the first year and $25,000 the 55.50 second year are for transportation 55.51 planning relating to the 2000 census. 55.52 This appropriation may not be added to 55.53 the agency's budget base. 55.54 $75,000 the first year and $75,000 the 55.55 second year are for a transportation 55.56 research contingent account to finance 55.57 research projects that are reimbursable 55.58 from the federal government or from 55.59 other sources. If the appropriation 55.60 for either year is insufficient, the 56.1 appropriation for the other year is 56.2 available for it. 56.3 (d) Central Engineering Services 56.4 68,563,000 70,940,000 56.5 (e) Design and Construction Engineering 56.6 80,592,000 83,246,000 56.7 $1,000,000 the first year and $500,000 56.8 the second year are for transportation 56.9 planning relating to the 2000 census. 56.10 This appropriation may not be added to 56.11 the agency's budget base. 56.12 (f) State Road Operations 56.13 214,703,000 216,561,000 56.14 $1,000,000 each year are for 56.15 enhancements to the freeway operations 56.16 program in the metropolitan area. 56.17 $1,000,000 the first year and 56.18 $1,000,000 the second year are for 56.19 maintenance services including rest 56.20 area maintenance, vehicle insurance, 56.21 ditch assessments, and tort claims. 56.22 $3,000,000 the first year and 56.23 $1,000,000 the second year are for 56.24 improved highway striping. 56.25 $500,000 the first year and $500,000 56.26 the second year are for safety 56.27 technology applications. 56.28 $150,000 the first year and $150,000 56.29 the second year are for statewide asset 56.30 preservation and repair. 56.31 $750,000 the first year and $750,000 56.32 the second year are for the 56.33 implementation of the transportation 56.34 worker concept. 56.35 The commissioner shall establish a task 56.36 force to study seasonal road 56.37 restrictions and report to the 56.38 legislature its findings and any 56.39 recommendations for legislative 56.40 action. The commissioner shall appoint 56.41 members representing: 56.42 (1) aggregate and ready-mix producers; 56.43 (2) solid waste haulers; 56.44 (3) liquid waste haulers; 56.45 (4) the logging industry; 56.46 (5) the construction industry; and 56.47 (6) agricultural interests. 56.48 The task force shall report to the 56.49 legislature by February 1, 2000, on its 56.50 findings and recommendations. 57.1 (g) Electronic Communications 57.2 5,684,000 5,543,000 57.3 Summary by Fund 57.4 General 59,000 9,000 57.5 Trunk Highway 5,625,000 5,534,000 57.6 $9,000 the first year and $9,000 the 57.7 second year are from the general fund 57.8 for equipment and operation of the 57.9 Roosevelt signal tower for Lake of the 57.10 Woods weather broadcasting. 57.11 $50,000 the first year from the general 57.12 fund is for purchase of equipment for 57.13 the 800 MHz public safety radio system. 57.14 $200,000 the first year is from the 57.15 trunk highway fund for costs resulting 57.16 from the termination of agreements made 57.17 under article 2, sections 31 and 89, 57.18 and Minnesota Statutes, section 174.70, 57.19 subdivision 2. This appropriation does 57.20 not cancel but is available until spent. 57.21 In each year of the biennium the 57.22 commissioner shall request the 57.23 commissioner of administration to 57.24 request bids for the purchase of 57.25 digital mobile and portable radios to 57.26 be used on the metropolitan regional 57.27 public safety radio communications 57.28 system. 57.29 [EFFECTIVE DATE.] This section is effective the day 57.30 following final enactment. 57.31 Sec. 37. Laws 2000, chapter 479, article 1, section 3, 57.32 subdivision 3, is amended to read: 57.33 Subd. 3. Bus Transit Ways 6,300,000 57.34 For engineering, design, and 57.35 construction of bus transit ways, 57.36 including, but not limited to, 57.37 acquisition of land and rights-of-way. 57.38 This appropriation is available until 57.39 spent. 57.40 Notwithstanding Minnesota Statutes, 57.41 chapter 398A, relating to regional 57.42 railroad authorities, the metropolitan 57.43 council may conduct a study of bus 57.44 transit ways in the northwest light 57.45 rail transit corridor in Hennepin 57.46 county, and in that part of the 57.47 southwest light rail transit corridor 57.48 in and between the cities of Hopkins 57.49 and Minneapolis. The study must 57.50 consider alternative alignments of the 57.51 bus transit ways, using existing roads, 57.52 highways, and transportation facilities 57.53 in conjunction with the light rail 57.54 transit corridors. The metropolitan 57.55 council must not study, engineer, 57.56 design, or construct a bus transit way 58.1 in (1) any part of the southwest light 58.2 rail transit corridor that is in the 58.3 city of Minnetonka, Eden Prairie, or 58.4 Chanhassen, or (2) the Midtown Greenway 58.5 or Kenilworth corridors in Minneapolis. 58.6 Sec. 38. Laws 2000, chapter 490, article 7, section 3, is 58.7 amended to read: 58.8 Sec. 3. [APPROPRIATION.] 58.9 For fiscal year 2001, $149,804,000 is appropriated from the 58.10 general fund to the highway user tax distribution fund.For58.11fiscal year 2002, $161,723,000 is appropriated from the general58.12fund to the highway user tax distribution fund.58.13 Sec. 39. [COMMISSIONER OF TRANSPORTATION; RESTRICTIONS ON 58.14 ERECTION OF TOWER.] 58.15 The commissioner of transportation may not erect any tower 58.16 or other structure in Cass county with equipment relating to the 58.17 global positioning system unless the Cass county board, and the 58.18 governing body of the city or town in which the tower is 58.19 located, have each adopted a resolution approving the erection 58.20 and location of the tower. 58.21 [EFFECTIVE DATE.] This section is effective the day 58.22 following final enactment. 58.23 Sec. 40. [COMMISSIONER OF TRANSPORTATION; METROPOLITAN 58.24 COUNCIL RESTRICTIONS.] 58.25 Subdivision 1. [DEPARTMENT OF TRANSPORTATION.] The 58.26 commissioner of transportation may not refuse to program or 58.27 construct a trunk highway improvement project, or make any other 58.28 decision concerning the location, design, or timing of a trunk 58.29 highway improvement project, on the grounds that a statutory or 58.30 home rule charter city or county in which the project is wholly 58.31 or partly located (1) has enacted a zoning ordinance or 58.32 determination not approved by the commissioner or metropolitan 58.33 council, or failed to enact a zoning ordinance or determination 58.34 requested by the commissioner or metropolitan council, or (2) 58.35 has failed to impose housing density requirements requested by 58.36 the commissioner or metropolitan council. This section does not 58.37 apply to local zoning ordinances or determinations that relate 58.38 to access to a trunk highway. 59.1 Subd. 2. [METROPOLITAN COUNCIL.] Neither the metropolitan 59.2 council nor the council's transportation advisory board may, in 59.3 the allocation or the approval of any allocation of funds for 59.4 highway projects, or in approving or disapproving a project 59.5 under Minnesota Statutes, section 473.166, withhold or redirect 59.6 funds or fail to approve a project on the grounds that a city or 59.7 county in which the project is wholly or partly located (1) has 59.8 enacted a zoning ordinance or determination not approved by the 59.9 council or the commissioner of transportation, or failed to 59.10 enact a zoning ordinance or determination requested by the 59.11 council or the commissioner of transportation, or (2) has failed 59.12 to impose housing density requirements requested by the council 59.13 or the commissioner of transportation. This section does not 59.14 apply to local zoning ordinances or determinations that relate 59.15 to access to a trunk highway. 59.16 [EFFECTIVE DATE.] This section is effective the day 59.17 following final enactment. 59.18 Sec. 41. [HIAWATHA AVENUE LIGHT RAIL TRANSIT COST 59.19 CALCULATION.] 59.20 The commissioner of administration shall prepare and submit 59.21 to the legislature by January 1, 2002, a complete accounting of 59.22 all federal, state, and local costs relating to the Hiawatha 59.23 Avenue light rail transit line. The cost accounting must 59.24 include: 59.25 (1) planning, environmental studies, and preliminary and 59.26 final design and engineering for the project; 59.27 (2) construction and other capital costs of the light rail 59.28 transit line when completed; 59.29 (3) improvements and repairs to and reconstruction of state 59.30 and local streets and highways incurred and anticipated as a 59.31 result of the project; 59.32 (4) all costs of utility relocation resulting from the 59.33 project; 59.34 (5) all costs incurred by the department of transportation 59.35 with respect to public information and communications about the 59.36 project; 60.1 (6) construction, acquisition, or lease of park-and-ride 60.2 facilities that would serve project riders, including costs of 60.3 relocating other public facilities to make room for those 60.4 park-and-ride facilities; 60.5 (7) projected costs of connecting the Hiawatha Avenue light 60.6 rail transit line with commuter rail facilities; 60.7 (8) any costs necessitated by the project and included in 60.8 the project budget for the reconstruction of marked trunk 60.9 highway No. 55, to the extent not included under clause (3); and 60.10 (9) all public costs relating to the acquisition of real 60.11 property for the line and for the purchase and development of 60.12 real property adjacent to the project right-of-way. 60.13 Sec. 42. [TRUNK HIGHWAY 62 CONSTRUCTION PROJECT.] 60.14 Subdivision 1. [RESTRICTION.] The commissioner of 60.15 transportation may not construct or reconstruct marked trunk 60.16 highway No. 62 between marked trunk highway No. 100 and Portland 60.17 Avenue South in Minneapolis and Richfield until June 1, 2002. 60.18 This subdivision does not apply to any construction or 60.19 reconstruction begun pursuant to a contract entered into by the 60.20 commissioner before the effective date of this section. 60.21 Subd. 2. [REPORT.] The commissioner of transportation 60.22 shall report to the governor and legislature not later than 60.23 January 15, 2002, on issues surrounding the trunk highway 60.24 project described in subdivision 1. The report must, at a 60.25 minimum: 60.26 (1) specify the present and predicted levels of traffic on 60.27 all segments of marked trunk highway No. 62, and on trunk 60.28 highway corridors that would be significantly affected by any 60.29 long-term closing of lanes on marked trunk highway No. 62; 60.30 (2) describe the adequacy of marked trunk highway No. 62, 60.31 under current conditions and after a full construction or 60.32 reconstruction project, to carry present and predicted traffic 60.33 levels, including describing the extent to which traffic 60.34 problems in the corridor will be addressed by the project; 60.35 (3) show projected growth in the trunk highway corridor in 60.36 population and economic development; 61.1 (4) show the extent to which the project will be 61.2 coordinated with other construction or reconstruction projects 61.3 on trunk highways that will be affected by the marked trunk 61.4 highway No. 62 project; 61.5 (5) discuss alternative feasible designs for the project, 61.6 including stacking of freeway lanes and tunneling; and 61.7 (6) describe the availability of funding for the proposed 61.8 project and feasible alternatives. 61.9 [EFFECTIVE DATE.] This section is effective the day 61.10 following final enactment. 61.11 Sec. 43. [CONSTITUTIONAL AMENDMENT PROPOSED.] 61.12 An amendment is proposed to the Minnesota Constitution, 61.13 article XIV. If the amendment is adopted, article XIV will be 61.14 amended by adding a section to read: 61.15 Sec. 12. Not less than 60 percent of the net proceeds from 61.16 any state tax on the transfer of title of new and used motor 61.17 vehicles must be deposited in the highway user tax distribution 61.18 fund. 61.19 Sec. 44. [SUBMISSION TO VOTERS.] 61.20 The constitutional amendment proposed in section 43 must be 61.21 submitted to the people at the 2002 general election. The 61.22 question submitted must be: 61.23 "Shall the Minnesota Constitution be amended to require 61.24 that not less than 60 percent of the revenues from any state tax 61.25 on the transfer of title of motor vehicles be deposited in the 61.26 highway user tax distribution fund to be used exclusively for 61.27 highway purposes? 61.28 Yes ....... 61.29 No ........" 61.30 Sec. 45. [CONSTITUTIONAL AMENDMENT PROPOSED.] 61.31 An amendment to the Minnesota Constitution, article XI, 61.32 section 5, is proposed to the people. If the amendment is 61.33 adopted, the section will read: 61.34 Sec. 5. Public debt may be contracted and works of 61.35 internal improvements carried on for the following purposes: 61.36 (a) to acquire and to better public land and buildings, 62.1 trunk highways, and other public improvements of a capital 62.2 nature and to provide money to be appropriated or loaned to any 62.3 agency or political subdivision of the state for such purposes 62.4 if the law authorizing the debt is adopted by the vote of at 62.5 least three-fifths of the members of each house of the 62.6 legislature; 62.7 (b) to repel invasion or suppress insurrection; 62.8 (c) to borrow temporarily as authorized in section 6; 62.9 (d) to refund outstanding bonds of the state or any of its 62.10 agencies whether or not the full faith and credit of the state 62.11 has been pledged for the payment of the bonds; 62.12 (e) to establish and maintain highways subject to the 62.13 limitations of clause (a) and article XIV; 62.14 (f) to promote forestation and prevent and abate forest 62.15 fires, including the compulsory clearing and improving of wild 62.16 lands whether public or private; 62.17 (g) to construct, improve and operate airports and other 62.18 air navigation facilities; 62.19 (h) to develop the state's agricultural resources by 62.20 extending credit on real estate security in the manner and on 62.21 the terms and conditions prescribed by law; 62.22 (i) to improve and rehabilitate railroad rights-of-way and 62.23 other rail facilities whether public or private, provided that 62.24 bonds issued and unpaid shall not at any time exceed 62.25 $200,000,000 par value; and 62.26 (j) as otherwise authorized in this constitution. 62.27 As authorized by law political subdivisions may engage in 62.28 the works permitted by (f), (g), and (i) and contract debt 62.29 therefor. 62.30 Sec. 46. [SUBMISSION TO VOTERS.] 62.31 The proposed amendment in section 45 must be submitted to 62.32 the people at the 2002 general election. The question submitted 62.33 must be: 62.34 "Shall the Minnesota Constitution be amended to allow 62.35 general obligation bonds payable solely from the state general 62.36 fund to be sold for the construction and improvement of trunk 63.1 highways? 63.2 Yes ....... 63.3 No ........"