1st Engrossment - 83rd Legislature, 2003 1st Special Session (2003 - 2003) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to appropriations; appropriating money for 1.3 transportation, public safety, and other purposes; 1.4 authorizing issuance of state bonds; modifying 1.5 provisions relating to contract awards, land 1.6 appraisal, archaeological or historic sites, 1.7 high-occupancy vehicle lanes, highways and highway 1.8 rest areas, town roads and easements, county highways 1.9 and cartways, streets, other transportation corridors, 1.10 major transportation projects commission, 1.11 responsibilities of the department of transportation, 1.12 transit, forecasts of highway-related revenues and 1.13 expenditures, motor carriers, a land exchange, and 1.14 other transportation-related activities; providing for 1.15 fees, surcharges, funds and accounts, transfers, 1.16 allocations, and expenditures; modifying provisions 1.17 regulating special mobile equipment, special vehicle 1.18 license plates, speed limits and other traffic 1.19 regulations, vehicle weight limits and other vehicle 1.20 regulations, vehicle insurance requirements, small 1.21 school buses, drivers' licenses, capitol complex 1.22 towing policy, public safety officer benefit funds, 1.23 liquor, and other activities related to public safety; 1.24 authorizing administrative powers, penalties, and 1.25 remedies for public safety purposes; providing for 1.26 petroleum inspection cost recovery; repealing certain 1.27 rules governing design standards of driveways next to 1.28 highways, motor carriers, aeronautics, and the right 1.29 of first refusal to certain railroad land; requiring 1.30 studies and reports; making technical and clarifying 1.31 changes; amending Minnesota Statutes 2002, sections 1.32 13.44, subdivision 3; 16A.88, subdivision 1; 117.232, 1.33 subdivision 1; 138.40, subdivisions 2, 3; 161.08; 1.34 161.20, subdivision 3; 162.02, subdivisions 1, 2, 4; 1.35 162.09, subdivision 1; 163.07, subdivision 2; 163.11, 1.36 by adding subdivisions; 164.12; 168.011, subdivision 1.37 22; 168.013, subdivision 3; 168.12, subdivisions 2e, 1.38 5; 168.54, subdivision 4; 168A.29, subdivision 1; 1.39 169.14, subdivision 5a; 169.448, subdivision 1; 1.40 169.791, subdivision 1; 169.796, by adding a 1.41 subdivision; 169.797, subdivision 4a; 169.798, 1.42 subdivision 1, by adding a subdivision; 169.826, 1.43 subdivision 1, by adding a subdivision; 169.85, 1.44 subdivision 2; 169.86, subdivision 5; 171.02, 1.45 subdivision 2a; 171.20, subdivision 4; 171.29, 1.46 subdivision 2; 174.03, by adding a subdivision; 2.1 174.24, subdivisions 1, 3b, 5; 174.55, subdivision 2; 2.2 174.64, subdivision 4; 239.101, by adding a 2.3 subdivision; 275.71, subdivision 5; 297B.09, 2.4 subdivision 1; 299A.465, subdivision 4; 299E.01, by 2.5 adding a subdivision; 299E.03, subdivision 3; 2.6 340A.403, by adding a subdivision; 340A.414, by adding 2.7 a subdivision; 340A.504, by adding a subdivision; Laws 2.8 1999, chapter 238, article 1, section 2, subdivision 2.9 2; Laws 2000, chapter 433, section 4; Laws 2001, 2.10 chapter 97, section 5; Laws 2001, First Special 2.11 Session chapter 8, article 1, section 2, subdivision 2.12 2; 2003 H.F. No. 719, section 30, if enacted; 2.13 proposing coding for new law in Minnesota Statutes, 2.14 chapters 117; 160; 161; 168; 299A; 331A; 414; 2.15 repealing Minnesota Statutes 2002, sections 162.09, 2.16 subdivision 5; 169.794; 169.799; 174.025; 174.031; 2.17 174.242; 221.165; 221.54; 221.55; Minnesota Rules, 2.18 parts 7403.1300; 7413.0400; 7413.0500; 7800.0100, 2.19 subparts 1, 3, 5; 7800.0500; 7800.0700; 7800.1400; 2.20 7800.1500; 7800.1600; 7800.1700; 7800.3100; 7800.3900; 2.21 7800.4810; 7805.0800; 8800.0100, subparts 7, 36; 2.22 8800.1200, subpart 3; 8800.3500; 8800.3700; 8800.4000; 2.23 8810.4200; 8810.4500; 8810.4600; 8810.4700; 8810.4800; 2.24 8810.4900; 8810.5000; 8810.5100; 8810.5500; 8810.9920; 2.25 8810.9921; 8850.6900, subparts 4, 6, 11, 12, 17; 2.26 8850.7000; 8850.7025; 8850.7040; 8850.7100; 8850.7900; 2.27 8850.8200; 8850.8900; 8850.9000; 8850.9050, subparts 2.28 1, 2; 8900.0100; 8900.0200; 8900.0300; 8900.0400; 2.29 8900.0500; 8900.0600; 8900.0700; 8900.0800; 8900.0900; 2.30 8900.1000; 8900.1100; 8910.1000; 8910.2000; 8910.2100; 2.31 8910.3000; 8910.3100. 2.32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.33 ARTICLE 1 2.34 APPROPRIATIONS 2.35 TRANSPORTATION AND OTHER AGENCIES 2.36 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.37 The sums shown in the columns marked "APPROPRIATIONS" are 2.38 appropriated from the general fund, or another named fund, to 2.39 the agencies and for the purposes specified in this article, to 2.40 be available for the fiscal years indicated for each purpose. 2.41 The figures "2004" and "2005," where used in this article, mean 2.42 that the appropriations listed under them are available for the 2.43 year ending June 30, 2004, or June 30, 2005, respectively. If 2.44 the figures are not used, the appropriations are available for 2.45 the year ending June 30, 2004, or June 30, 2005, respectively. 2.46 The term "first year" means the year ending June 30, 2004, and 2.47 the term "second year" means the year ending June 30, 2005. 2.48 SUMMARY BY FUND 2.49 2004 2005 TOTAL 2.50 General $ 80,036,000 $ 81,142,000 $ 161,178,000 2.51 Airports 19,458,000 19,458,000 38,916,000 3.1 C.S.A.H. 426,020,000 433,631,000 859,651,000 3.2 M.S.A.S. 112,290,000 114,661,000 226,951,000 3.3 Special Revenue 1,144,000 1,144,000 2,288,000 3.4 Highway User 12,336,000 12,336,000 24,672,000 3.5 Trunk Highway 1,205,907,000 1,272,051,000 2,477,958,000 3.6 Petroleum Tank Release 3.7 Cleanup Fund 527,000 -0- 527,000 3.8 TOTAL $1,857,191,000 $1,934,423,000 $3,791,614,000 3.9 APPROPRIATIONS 3.10 Available for the Year 3.11 Ending June 30 3.12 2004 2005 3.13 Sec. 2. TRANSPORTATION 3.14 Subdivision 1. Total 3.15 Appropriation $1,681,512,000 $1,757,479,000 3.16 The appropriations in this section are 3.17 from the trunk highway fund, except 3.18 when another fund is named. 3.19 Summary by Fund 3.20 2004 2005 3.21 General 16,220,000 16,221,000 3.22 Airports 19,408,000 19,408,000 3.23 C.S.A.H. 426,020,000 433,631,000 3.24 M.S.A.S. 112,290,000 114,661,000 3.25 Trunk Highway 1,107,574,000 1,173,558,000 3.26 The amounts that may be spent from this 3.27 appropriation for each program are 3.28 specified in the following subdivisions. 3.29 Subd. 2. Multimodal Systems 41,548,000 41,549,000 3.30 Summary by Fund 3.31 Airports 19,383,000 19,383,000 3.32 General 16,155,000 16,156,000 3.33 Trunk Highway 6,010,000 6,010,000 3.34 The amounts that may be spent from this 3.35 appropriation for each activity are as 3.36 follows: 3.37 (a) Aeronautics 3.38 20,395,000 20,395,000 3.39 Summary by Fund 3.40 Airports 19,383,000 19,383,000 3.41 Trunk Highway 1,012,000 1,012,000 4.1 Except as otherwise provided, the 4.2 appropriations in this subdivision are 4.3 from the state airports fund. 4.4 (1) Airport Development 4.5 and Assistance 4.6 14,298,000 14,298,000 4.7 These appropriations must be spent 4.8 according to Minnesota Statutes, 4.9 section 360.305, subdivision 4. 4.10 Notwithstanding Minnesota Statutes, 4.11 section 16A.28, subdivision 6, funds 4.12 are available for five years after 4.13 appropriation. 4.14 If the appropriation for either year is 4.15 insufficient, the appropriation for the 4.16 other year is available for it. 4.17 Of this appropriation $750,000 each 4.18 year is for the long-range radar 4.19 facility in Alexandria. This 4.20 appropriation is contingent on a 4.21 partnership with the federal aviation 4.22 administration for this project. 4.23 $100,000 in each fiscal year must be 4.24 used for hangar construction for the 4.25 civil air patrol at the South St. Paul 4.26 airport. 4.27 (2) Aviation Support and Services 4.28 6,097,000 6,097,000 4.29 Summary by Fund 4.30 Airports 5,085,000 5,085,000 4.31 Trunk Highway 1,012,000 1,012,000 4.32 $65,000 the first year and $65,000 the 4.33 second year are for the civil air 4.34 patrol. 4.35 (b) Transit 4.36 15,957,000 15,958,000 4.37 Summary by Fund 4.38 General 15,809,000 15,810,000 4.39 Trunk Highway 148,000 148,000 4.40 The general fund budget base for this 4.41 activity is $15,810,000 in each year of 4.42 the 2006-2007 biennium. 4.43 The commissioner shall provide funding 4.44 up to $350,000 for the operation of the 4.45 Northstar commuter coach from October 4.46 1, 2003, to September 30, 2004, using 4.47 accumulated fare revenue, if a local 4.48 government unit or the Northstar 4.49 Corridor Development Authority: 4.50 (1) agrees to operate the service 5.1 beginning October 1, 2003; and 5.2 (2) provides the local match for 5.3 federal funding for the service. 5.4 (c) Freight 5.5 1,569,000 1,569,000 5.6 Summary by Fund 5.7 General 220,000 220,000 5.8 Trunk Highway 1,349,000 1,349,000 5.9 Notwithstanding Minnesota Statutes, 5.10 section 222.49, after July 1, 2003, and 5.11 before June 30, 2004, the commissioner 5.12 of finance shall transfer $3,200,000 5.13 from the rail service improvement 5.14 account in the special revenue fund to 5.15 the debt service fund. 5.16 Notwithstanding Minnesota Statutes, 5.17 section 222.49, after July 1, 2004, and 5.18 before June 30, 2005, the commissioner 5.19 of finance shall transfer $3,200,000 5.20 from the rail service improvement 5.21 account in the special revenue fund to 5.22 the debt service fund. 5.23 (d) Commercial Vehicles 5.24 3,627,000 3,627,000 5.25 Summary by Fund 5.26 General 126,000 126,000 5.27 Trunk Highway 3,501,000 3,501,000 5.28 Subd. 3. State Roads 1,045,224,000 1,115,658,000 5.29 Summary by Fund 5.30 General 9,000 9,000 5.31 Trunk Highway 1,045,215,000 1,115,649,000 5.32 The amounts that may be spent from this 5.33 appropriation for each activity are as 5.34 follows: 5.35 (a) Infrastructure Investment and Planning 5.36 836,593,000 907,027,000 5.37 $266,000 the first year and $266,000 5.38 the second year are available for 5.39 grants to metropolitan planning 5.40 organizations outside the seven-county 5.41 metropolitan area. 5.42 $75,000 the first year and $75,000 the 5.43 second year are for a transportation 5.44 research contingent account to finance 5.45 research projects that are reimbursable 5.46 from the federal government or from 5.47 other sources. If the appropriation 5.48 for either year is insufficient, the 5.49 appropriation for the other year is 6.1 available for it. 6.2 $600,000 the first year and $600,000 6.3 the second year are available for 6.4 grants for transportation studies 6.5 outside the metropolitan area to 6.6 identify critical concerns, problems, 6.7 and issues. These grants are available 6.8 (1) to regional development 6.9 commissions, and (2) in regions where 6.10 no regional development commission is 6.11 functioning, to joint powers boards 6.12 established under agreement of two or 6.13 more political subdivisions in the 6.14 region to exercise the planning 6.15 functions of a regional development 6.16 commission, and (3) in regions where no 6.17 regional development commission or 6.18 joint powers board is functioning, to 6.19 the department's district office for 6.20 that region. 6.21 (1) State Road Construction 6.22 636,957,000 685,450,000 6.23 It is estimated that these 6.24 appropriations will be funded as 6.25 follows: 6.26 Federal Highway Aid 6.27 325,000,000 375,000,000 6.28 Highway User Taxes 6.29 311,957,000 310,450,000 6.30 The commissioner of transportation 6.31 shall notify the chair of the 6.32 transportation budget division of the 6.33 senate and the chair of the 6.34 transportation finance committee of the 6.35 house of representatives of any 6.36 significant events that should cause 6.37 these estimates to change. 6.38 This appropriation is for the actual 6.39 construction, reconstruction, and 6.40 improvement of trunk highways including 6.41 consultant usage to support these 6.42 activities. This includes the cost of 6.43 actual payment to landowners for lands 6.44 acquired for highway rights-of-way, 6.45 payment to lessees, interest subsidies, 6.46 and relocation expenses. 6.47 The commissioner may transfer up to 6.48 $15,000,000 each year to the 6.49 transportation revolving loan fund. 6.50 $330,000 the first year is for 6.51 operating costs of bus service to 6.52 mitigate traffic impacts of the 6.53 construction project involving I-494, 6.54 the Wakota bridge, and trunk highway 61. 6.55 The commissioner may receive money 6.56 covering other shares of the cost of 6.57 partnership projects. These receipts 6.58 are appropriated to the commissioner 7.1 for these projects. 7.2 (2) Highway Debt Service 7.3 40,149,000 60,583,000 7.4 $33,640,000 the first year and 7.5 $54,012,000 the second year are for 7.6 transfer to the state bond fund. If 7.7 this appropriation is insufficient to 7.8 make all transfers required in the year 7.9 for which it is made, the commissioner 7.10 of finance shall notify the committee 7.11 on state government finance of the 7.12 senate and the committee on ways and 7.13 means of the house of representatives 7.14 of the amount of the deficiency and 7.15 shall then transfer that amount under 7.16 the statutory open appropriation. Any 7.17 excess appropriation cancels to the 7.18 trunk highway fund. 7.19 (b) Infrastructure Operations 7.20 and Maintenance 7.21 203,641,000 203,641,000 7.22 (c) Electronic Communications 7.23 4,990,000 4,990,000 7.24 Summary by Fund 7.25 General 9,000 9,000 7.26 Trunk Highway 4,981,000 4,981,000 7.27 $9,000 the first year and $9,000 the 7.28 second year are from the general fund 7.29 for equipment and operation of the 7.30 Roosevelt signal tower for Lake of the 7.31 Woods weather broadcasting. 7.32 Subd. 4. Local Roads 538,310,000 548,292,000 7.33 Summary by Fund 7.34 C.S.A.H. 426,020,000 433,631,000 7.35 M.S.A.S. 112,290,000 114,661,000 7.36 The amounts that may be spent from this 7.37 appropriation for each activity are as 7.38 follows: 7.39 (a) County State Aids 7.40 426,020,000 433,631,000 7.41 This appropriation is from the county 7.42 state-aid highway fund and is available 7.43 until spent. 7.44 (b) Municipal State Aids 7.45 112,290,000 114,661,000 7.46 This appropriation is from the 7.47 municipal state-aid street fund and is 7.48 available until spent. 8.1 If an appropriation for either county 8.2 state aids or municipal state aids does 8.3 not exhaust the balance in the fund 8.4 from which it is made in the year for 8.5 which it is made, the commissioner of 8.6 finance, upon request of the 8.7 commissioner of transportation, shall 8.8 notify the chair of the transportation 8.9 finance committee of the house of 8.10 representatives and the chair of the 8.11 transportation budget division of the 8.12 senate of the amount of the remainder 8.13 and shall then add that amount to the 8.14 appropriation. The amount added is 8.15 appropriated for the purposes of county 8.16 state aids or municipal state aids, as 8.17 appropriate. 8.18 Subd. 5. General Support 8.19 and Services 56,430,000 51,980,000 8.20 Summary by Fund 8.21 General 56,000 56,000 8.22 Airports 25,000 25,000 8.23 Trunk Highway 56,349,000 51,899,000 8.24 The amounts that may be spent from this 8.25 appropriation for each activity are as 8.26 follows: 8.27 (a) Department Support 8.28 38,653,000 38,653,000 8.29 Summary by Fund 8.30 Airports 25,000 25,000 8.31 Trunk Highway 38,628,000 38,628,000 8.32 (b) Buildings 8.33 17,777,000 13,327,000 8.34 Summary by Fund 8.35 General 56,000 56,000 8.36 Trunk Highway 17,721,000 13,271,000 8.37 In fiscal year 2004, $4,450,000 of this 8.38 appropriation is to design, construct, 8.39 furnish, and equip a building in 8.40 Pennington county for the joint use of 8.41 the county of Pennington and 8.42 departments of transportation, public 8.43 safety, and natural resources for 8.44 vehicle maintenance and vehicle 8.45 storage. This appropriation remains 8.46 available and does not lapse. 8.47 If the appropriation for either year is 8.48 insufficient, the appropriation for the 8.49 other year is available for it. 8.50 Subd. 6. Transfers 8.51 (a) With the approval of the 9.1 commissioner of finance, the 9.2 commissioner of transportation may 9.3 transfer unencumbered balances among 9.4 the appropriations from the trunk 9.5 highway fund and the state airports 9.6 fund made in this section. No transfer 9.7 may be made from the appropriation for 9.8 state road construction. No transfer 9.9 may be made from the appropriations for 9.10 debt service to any other appropriation. 9.11 Transfers under this paragraph may not 9.12 be made between funds. Transfers 9.13 between programs must be reported 9.14 immediately to the chair of the 9.15 transportation budget division of the 9.16 senate and the chair of the 9.17 transportation finance committee of the 9.18 house of representatives. 9.19 (b) The commissioner of finance shall 9.20 transfer from the flexible account in 9.21 the county state-aid highway fund 9.22 $14,400,000 the first year and 9.23 $8,300,000 the second year to the 9.24 municipal turnback account in the 9.25 municipal state-aid street fund, and 9.26 the remainder in each year to the 9.27 county turnback account in the county 9.28 state-aid highway fund. 9.29 Subd. 7. Use of State Road 9.30 Construction Appropriations 9.31 Any money appropriated to the 9.32 commissioner of transportation for 9.33 state road construction for any fiscal 9.34 year before fiscal year 2004 is 9.35 available to the commissioner during 9.36 fiscal years 2004 and 2005 to the 9.37 extent that the commissioner spends the 9.38 money on the state road construction 9.39 project for which the money was 9.40 originally encumbered during the fiscal 9.41 year for which it was appropriated. 9.42 The commissioner of transportation 9.43 shall report to the commissioner of 9.44 finance by August 1, 2003, and August 9.45 1, 2004, on a form the commissioner of 9.46 finance provides, on expenditures made 9.47 during the previous fiscal year that 9.48 are authorized by this subdivision. 9.49 Subd. 8. Contingent Appropriation 9.50 The commissioner of transportation, 9.51 with the approval of the governor after 9.52 review by the legislative advisory 9.53 commission under Minnesota Statutes, 9.54 section 3.30, may transfer all or part 9.55 of the unappropriated balance in the 9.56 trunk highway fund to an appropriation 9.57 (1) for trunk highway design, 9.58 construction, or inspection in order to 9.59 take advantage of an unanticipated 9.60 receipt of income to the trunk highway 9.61 fund or to take advantage of Federal 9.62 Advanced Construction funding, (2) for 9.63 trunk highway maintenance in order to 9.64 meet an emergency, or (3) to pay tort 9.65 or environmental claims. Any transfer 9.66 as a result of the use of Federal 10.1 Advanced Construction funding must 10.2 include an analysis of the effects on 10.3 the long-term trunk highway fund 10.4 balance. The amount transferred is 10.5 appropriated for the purpose of the 10.6 account to which it is transferred. 10.7 Subd. 9. Budget Base Reduction Report 10.8 By December 15, 2003, and December 15, 10.9 2004, the commissioner of 10.10 transportation shall report to the 10.11 chairs of the senate and house of 10.12 representatives committees with 10.13 jurisdiction over transportation policy 10.14 and finance regarding the distribution 10.15 and impacts of the base budget 10.16 reductions. The report must include a 10.17 description and enumeration of program 10.18 activities with reduced spending levels 10.19 and the impacts on the department's 10.20 performance measures. The report must 10.21 identify the total number of positions 10.22 that were reduced or eliminated through 10.23 attrition or layoffs, the number of 10.24 positions reduced or eliminated in each 10.25 of the bargaining units represented 10.26 within the department, and the impact 10.27 on the number of women and minorities 10.28 employed by the department and the 10.29 department's affirmative action goals. 10.30 Sec. 3. METROPOLITAN COUNCIL 10.31 TRANSIT 56,810,000 57,910,000 10.32 (a) The agency's budget base for fiscal 10.33 year 2006 is $57,503,000 and for fiscal 10.34 year 2007 is $58,753,000. 10.35 (b) Bus Transit 10.36 54,010,000 54,010,000 10.37 This appropriation is for bus system 10.38 operations. 10.39 (c) Rail Operations 10.40 2,800,000 3,900,000 10.41 This appropriation is for operations of 10.42 the Hiawatha LRT line. The base for 10.43 rail operations for fiscal year 2006 is 10.44 $4,050,000 and for fiscal year 2007 is 10.45 $5,300,000. 10.46 This appropriation is for paying 50 10.47 percent of operating costs for the 10.48 Hiawatha light rail transit line after 10.49 operating revenue and federal funds are 10.50 used for light rail transit operations. 10.51 The remaining operating costs up to a 10.52 maximum of $2,800,000 the first year 10.53 and $3,900,000 the second year are to 10.54 be paid by the Hennepin county regional 10.55 rail authority, using any or all of 10.56 these sources: 10.57 (1) general tax revenues of Hennepin 10.58 county; 11.1 (2) the authority's reserves; and 11.2 (3) taxes levied under Minnesota 11.3 Statutes, section 398A.04, subdivision 11.4 8, notwithstanding any provision in 11.5 that subdivision that limits amounts 11.6 that may be levied for light rail 11.7 transit purposes. 11.8 By September 1, 2003, the metropolitan 11.9 council shall submit to Hennepin county 11.10 regional rail authority a proposed 11.11 detailed operations management plan for 11.12 Hiawatha light rail transit, covering 11.13 operations through June 30, 2005. The 11.14 plan may include, without limitation, 11.15 operating plans concerning formation 11.16 and negotiation of contracts for 11.17 management or other services, service 11.18 schedules, fare policy, vehicle and 11.19 facility maintenance, and staffing. 11.20 The council may not implement or modify 11.21 the plan without the approval of 11.22 Hennepin county. Minnesota Statutes, 11.23 section 473.392, does not apply to the 11.24 procurement by the council of operating 11.25 services for the Hiawatha light rail 11.26 transit line. 11.27 (d) Budget Base Reduction Report 11.28 By December 15, 2003, and December 15, 11.29 2004, the chair of the metropolitan 11.30 council shall report to the chairs of 11.31 the senate and house of representatives 11.32 committees with jurisdiction over 11.33 transportation policy and finance 11.34 regarding the distribution and impacts 11.35 of the base budget reductions. The 11.36 report must include a description and 11.37 enumeration of program activities with 11.38 reduced spending levels and the impacts 11.39 on transit service levels and 11.40 performance of the regular route and 11.41 metro mobility systems. The report 11.42 must identify the total number of 11.43 positions that were reduced or 11.44 eliminated through attrition or 11.45 layoffs, the number of positions 11.46 reduced or eliminated in each of the 11.47 bargaining units represented within the 11.48 council, and the impact on the number 11.49 of women and minorities employed by the 11.50 council. 11.51 Sec. 4. PUBLIC SAFETY 11.52 Subdivision 1. Total 11.53 Appropriation 117,894,000 118,059,000 11.54 Summary by Fund 11.55 General 7,006,000 7,011,000 11.56 Trunk Highway 97,533,000 97,693,000 11.57 Highway User 12,211,000 12,211,000 11.58 Special Revenue 1,144,000 1,144,000 11.59 Subd. 2. Administration 12.1 and Related Services 9,684,000 9,689,000 12.2 Summary by Fund 12.3 General 2,361,000 2,366,000 12.4 Trunk Highway 5,938,000 5,938,000 12.5 Highway User 1,385,000 1,385,000 12.6 (a) Office of Communications 12.7 385,000 385,000 12.8 Summary by Fund 12.9 General 39,000 39,000 12.10 Trunk Highway 346,000 346,000 12.11 (b) Public Safety Support 12.12 6,845,000 6,850,000 12.13 Summary by Fund 12.14 General 2,231,000 2,236,000 12.15 Trunk Highway 3,248,000 3,248,000 12.16 Highway User 1,366,000 1,366,000 12.17 $365,000 the first year and $370,000 12.18 the second year are for payment of 12.19 public safety officer survivor benefits 12.20 under Minnesota Statutes, section 12.21 299A.44. If the appropriation for 12.22 either year is insufficient, the 12.23 appropriation for the other year is 12.24 available for it. The base for fiscal 12.25 year 2006 is $375,000 and for fiscal 12.26 year 2007 is $380,000. 12.27 $314,000 the first year and $314,000 12.28 the second year are to be deposited in 12.29 the public safety officer's benefit 12.30 account. This money is available for 12.31 reimbursements under Minnesota 12.32 Statutes, section 299A.465. 12.33 $508,000 the first year and $508,000 12.34 the second year are for soft body armor 12.35 reimbursements under Minnesota 12.36 Statutes, section 299A.38. 12.37 $792,000 the first year and $792,000 12.38 the second year are appropriated from 12.39 the general fund for transfer by the 12.40 commissioner of finance to the trunk 12.41 highway fund on December 31, 2003, and 12.42 December 31, 2004, respectively, in 12.43 order to reimburse the trunk highway 12.44 fund for expenses not related to the 12.45 fund. These represent amounts 12.46 appropriated out of the trunk highway 12.47 fund for general fund purposes in the 12.48 administration and related services 12.49 program. 12.50 $610,000 the first year and $610,000 12.51 the second year are appropriated from 13.1 the highway user tax distribution fund 13.2 for transfer by the commissioner of 13.3 finance to the trunk highway fund on 13.4 December 31, 2003, and December 31, 13.5 2004, respectively, in order to 13.6 reimburse the trunk highway fund for 13.7 expenses not related to the fund. 13.8 These represent amounts appropriated 13.9 out of the trunk highway fund for 13.10 highway user tax distribution fund 13.11 purposes in the administration and 13.12 related services program. 13.13 $716,000 the first year and $716,000 13.14 the second year are appropriated from 13.15 the highway user tax distribution fund 13.16 for transfer by the commissioner of 13.17 finance to the general fund on December 13.18 31, 2003, and December 31, 2004, 13.19 respectively, in order to reimburse the 13.20 general fund for expenses not related 13.21 to the fund. These represent amounts 13.22 appropriated out of the general fund 13.23 for operation of the criminal justice 13.24 data network related to driver and 13.25 motor vehicle licensing. 13.26 (c) Technical Support Services 13.27 2,454,000 2,454,000 13.28 Summary by Fund 13.29 General 91,000 91,000 13.30 Trunk Highway 2,344,000 2,344,000 13.31 Highway User 19,000 19,000 13.32 Subd. 3. State Patrol 69,832,000 70,032,000 13.33 Summary by Fund 13.34 General 2,871,000 2,871,000 13.35 Trunk Highway 66,869,000 67,069,000 13.36 Highway User 92,000 92,000 13.37 (a) Patrolling Highways 13.38 60,524,000 60,724,000 13.39 Summary by Fund 13.40 General 37,000 37,000 13.41 Trunk Highway 60,395,000 60,595,000 13.42 Highway User 92,000 92,000 13.43 Of this appropriation, $3,500,000 the 13.44 first year and $3,700,000 the second 13.45 year are for the cost of adding state 13.46 patrol positions. If money transferred 13.47 to the trunk highway fund in either 13.48 year from the alcohol enforcement 13.49 account in the special revenue fund is 13.50 less than the amount specified for that 13.51 year in this paragraph, the 13.52 commissioner shall make up the 14.1 difference by transferring to the trunk 14.2 highway fund money allocated to the 14.3 commissioner under the federal repeat 14.4 offender transfer program, Public Law 14.5 105-206, section 164. 14.6 (b) Commercial Vehicle Enforcement 14.7 6,474,000 6,474,000 14.8 This appropriation is from the trunk 14.9 highway fund. 14.10 (c) Capitol Security 14.11 2,834,000 2,834,000 14.12 The commissioner may not (1) spend any 14.13 money from the trunk highway fund for 14.14 capitol security, or (2) permanently 14.15 transfer any state trooper from the 14.16 patrolling highways activity to capitol 14.17 security. 14.18 The commissioner may not transfer any 14.19 money (1) appropriated for department 14.20 of public safety administration, the 14.21 patrolling of highways, commercial 14.22 vehicle enforcement, or driver and 14.23 vehicle services to capitol security or 14.24 (2) from capitol security. 14.25 Subd. 4. Driver and Vehicle Services 14.26 36,910,000 36,870,000 14.27 Summary by Fund 14.28 General 1,774,000 1,774,000 14.29 Trunk Highway 24,402,000 24,362,000 14.30 Highway User 10,734,000 10,734,000 14.31 (a) Vehicle Services 14.32 12,452,000 12,452,000 14.33 Summary by Fund 14.34 General 1,718,000 1,718,000 14.35 Highway User 10,734,000 10,734,000 14.36 (b) Driver Services 14.37 24,458,000 24,418,000 14.38 Summary by Fund 14.39 General 56,000 56,000 14.40 Trunk Highway 24,402,000 24,362,000 14.41 Subd. 5. Traffic Safety 324,000 324,000 14.42 This appropriation is from the trunk 14.43 highway fund. 14.44 The commissioners of public safety and 14.45 transportation shall jointly report 15.1 annually to the chairs and ranking 15.2 minority members of the house of 15.3 representatives and senate committees 15.4 having jurisdiction over transportation 15.5 and public safety finance issues on the 15.6 expenditure of any federal funds 15.7 available under the repeat offender 15.8 transfer program, Public Law 105-206, 15.9 section 164. 15.10 The commissioner of transportation 15.11 shall spend 50 percent of the money 15.12 available to the state under Public Law 15.13 105-206, section 164, for hazard 15.14 elimination activities under United 15.15 States Code, title 23, section 152, and 15.16 the remaining 50 percent must be 15.17 transferred to the commissioner of 15.18 public safety. 15.19 Subd. 6. Pipeline Safety 994,000 994,000 15.20 This appropriation is from the pipeline 15.21 safety account in the special revenue 15.22 fund. 15.23 Subd. 7. Alcohol and Gambling 15.24 Enforcement 150,000 150,000 15.25 This appropriation, or so much thereof 15.26 as is necessary, is from the alcohol 15.27 enforcement account in the special 15.28 revenue fund and is for alcohol 15.29 enforcement and administration. This 15.30 appropriation is in addition to any 15.31 other appropriation for this purpose. 15.32 Subd. 8. Budget Base Reductions Report 15.33 By December 15, 2003, and December 15, 15.34 2004, the commissioner of public safety 15.35 shall report to the chairs of the 15.36 senate and house of representatives 15.37 committees with jurisdiction over 15.38 transportation policy and finance 15.39 regarding the distribution of and 15.40 impacts of the base budget reductions 15.41 to administration and related services, 15.42 driver and vehicle services, and 15.43 capitol security. The report must 15.44 include a description of the program 15.45 activities with reduced spending levels 15.46 and the impacts on the department's 15.47 performance. The report must identify 15.48 the total number of positions that were 15.49 reduced or eliminated, the number of 15.50 positions reduced or eliminated in each 15.51 of the bargaining units represented 15.52 within the department, and the impact 15.53 on the number of women and minorities 15.54 employed by the department and the 15.55 department's affirmative action goals. 15.56 Sec. 5. GENERAL CONTINGENT 15.57 ACCOUNTS 375,000 375,000 15.58 Summary by Fund 15.59 Trunk Highway 200,000 200,000 15.60 Highway User 125,000 125,000 16.1 Airports 50,000 50,000 16.2 The appropriations in this section may 16.3 only be spent with the approval of the 16.4 governor after consultation with the 16.5 legislative advisory commission 16.6 pursuant to Minnesota Statutes, section 16.7 3.30. 16.8 If an appropriation in this section for 16.9 either year is insufficient, the 16.10 appropriation for the other year is 16.11 available for it. 16.12 Sec. 6. TORT CLAIMS 600,000 600,000 16.13 To be spent by the commissioner of 16.14 finance. 16.15 This appropriation is from the trunk 16.16 highway fund. 16.17 If the appropriation for either year is 16.18 insufficient, the appropriation for the 16.19 other year is available for it. 16.20 Sec. 7. COMMERCE 527,000 -0- 16.21 This appropriation is from the 16.22 petroleum tank release cleanup fund for 16.23 the weights and measures division of 16.24 the department of commerce to inspect 16.25 and test petroleum measuring 16.26 equipment. This appropriation may not 16.27 be transferred. 16.28 Sec. 8. Minnesota Statutes 2002, section 239.101, is 16.29 amended by adding a subdivision to read: 16.30 Subd. 8. [TEMPORARY PETROLEUM INSPECTION COST 16.31 RECOVERY.] Until July 1, 2004, the cost of inspecting petroleum 16.32 measuring equipment must be considered one of the expenditures 16.33 that may be recovered under section 115C.08, subdivision 4, 16.34 notwithstanding any other provision of this section or section 16.35 115C.08. 16.36 ARTICLE 2 16.37 OTHER CHANGES RELATED TO TRANSPORTATION 16.38 AND PUBLIC SAFETY 16.39 Section 1. Minnesota Statutes 2002, section 13.44, 16.40 subdivision 3, is amended to read: 16.41 Subd. 3. [REAL PROPERTY; APPRAISAL DATA.] (a) 16.42 [CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 16.43 appraised values of individual parcels of real property which 16.44 are made by personnel of the state, its agencies and 16.45 departments, or a political subdivision or by independent 17.1 appraisers acting for the state, its agencies and departments, 17.2 or a political subdivision for the purpose of selling or 17.3 acquiring land through purchase or condemnation are classified 17.4 as confidential data on individuals or protected nonpublic data. 17.5 (b) [PUBLIC DATA.] The data made confidential or protected 17.6 nonpublic by the provisions of paragraph (a) shall become public 17.7 upon the occurrence of any of the following: 17.8 (1) the negotiating parties exchange appraisals; 17.9 (2) the data are submitted to a court appointed 17.10 condemnation commissioner; 17.11 (3) the data are presented in court in condemnation 17.12 proceedings;
or17.13 (4) the negotiating parties enter into an agreement for the 17.14 purchase and sale of the property; or 17.15 (5) the data are submitted to the owner under section 17.16 117.036. 17.17 Sec. 2. Minnesota Statutes 2002, section 16A.88, 17.18 subdivision 1, is amended to read: 17.19 Subdivision 1. [GREATER MINNESOTA TRANSIT FUND.] The 17.20 greater Minnesota transit fund is established within the state 17.21 treasury. Money in the fund is annually appropriated to the 17.22 commissioner of transportation for assistance to transit systems 17.23 outside the metropolitan area under section 174.24. Beginning 17.24 in fiscal year 2003, the commissioner may use up to $400,000 17.25 each year for administration of the transit program. The 17.26 commissioner shall use the fund for transit operations as 17.27 provided in section 174.24 and related program administration. 17.28 Sec. 3. [117.036] [APPRAISAL AND NEGOTIATION REQUIREMENTS 17.29 APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION 17.30 PURPOSES.] 17.31 Subdivision 1. [APPLICATION.] This section applies to the 17.32 acquisition of property for public highways, streets, roads, 17.33 alleys, airports, mass transit facilities, or for other 17.34 transportation facilities or purposes. 17.35 Subd. 2. [APPRAISAL.] (a) Before commencing an eminent 17.36 domain proceeding under this chapter, the acquiring authority 18.1 must obtain at least one appraisal for the property proposed to 18.2 be acquired. In making the appraisal, the appraiser must confer 18.3 with one or more of the owners of the property, if reasonably 18.4 possible. At least 20 days before presenting a petition under 18.5 section 117.055, the acquiring authority must provide the owner 18.6 with a copy of the appraisal and inform the owner of the owner's 18.7 right to obtain an appraisal under this section. 18.8 (b) The owner may obtain an appraisal by a qualified 18.9 appraiser of the property proposed to be acquired. The owner is 18.10 entitled to reimbursement for the reasonable costs of the 18.11 appraisal from the acquiring authority up to a maximum of $1,500 18.12 within 30 days after the owner submits to the acquiring 18.13 authority the information necessary for reimbursement, provided 18.14 that the owner does so within 60 days after the owner receives 18.15 the appraisal from the authority under paragraph (a). 18.16 Subd. 3. [NEGOTIATION.] In addition to the appraisal 18.17 requirements under subdivision 2, before commencing an eminent 18.18 domain proceeding, the acquiring authority must make a good 18.19 faith attempt to negotiate personally with the owner of the 18.20 property in order to acquire the property by direct purchase 18.21 instead of the use of eminent domain proceedings. In making 18.22 this negotiation, the acquiring authority must consider the 18.23 appraisals in its possession and other information that may be 18.24 relevant to a determination of damages under this chapter. 18.25 Sec. 4. Minnesota Statutes 2002, section 117.232, 18.26 subdivision 1, is amended to read: 18.27 Subdivision 1. When acquisition of private property is 18.28 accomplished by the state department of transportation by direct 18.29 purchase the owner shall be entitled to reimbursement for 18.30 appraisal fees, not to exceed a total of $500$1,500. When 18.31 acquisition of private property is accomplished by any other 18.32 acquiring authority, the owner is entitled to reimbursement for 18.33 appraisal fees, not to exceed $500$1,500, if the owner is 18.34 otherwise entitled to reimbursement under sections 117.50 to 18.35 117.56. The purchaser in all instances shall inform the owner 18.36 of the right, if any, to reimbursement for appraisal fees 19.1 reasonably incurred, in an amount not to exceed $500$1,500, 19.2 together with relocation costs, moving costs and any other 19.3 related expenses to which an owner is entitled by sections 19.4 117.50 to 117.56. This subdivision does not apply to 19.5 acquisition for utility purposes made by a public service 19.6 corporation organized pursuant to section 300.03 or electric 19.7 cooperative associations organized pursuant to chapter 308A. 19.8 Sec. 5. Minnesota Statutes 2002, section 138.40, 19.9 subdivision 2, is amended to read: 19.10 Subd. 2. [COMPLIANCE, ENFORCEMENT, PRESERVATION.] State 19.11 and other governmental agencies shall comply with and aid in the 19.12 enforcement of provisions of sections 138.31 to 138.42. 19.13 Conservation officers and other enforcement officers of the 19.14 department of natural resources shall enforce the provisions of 19.15 sections 138.31 to 138.42 and report violations to the director 19.16 of the society. When archaeological or historic sites are known 19.17 or, based on scientific investigations orare suspected19.18 predicted to exist on public lands or waters, the agency or 19.19 department controlling said lands or waters shall use the 19.20 professional services of archaeologists from the University of 19.21 Minnesota, Minnesota historical society, or other qualified 19.22 professional archaeologists, to preserve these sites. In the 19.23 event that archaeological excavation is required to protect or 19.24 preserve these sites, state and other governmental agencies may 19.25 use their funds for such activities. 19.26 Sec. 6. Minnesota Statutes 2002, section 138.40, 19.27 subdivision 3, is amended to read: 19.28 Subd. 3. [REVIEW OF PLANS.] When significant 19.29 archaeological or historic sites are known or suspected, based 19.30 on scientific investigations, are predicted to exist on public 19.31 lands or waters, the agency or department controlling said lands 19.32 or waters shall submit construction or development plans to the 19.33 state archaeologist and the director of the society for review 19.34 prior to the time bids are advertised. The state archaeologist 19.35 and the society shall promptly review such plans and within 30 19.36 days of receiving the plans shall make recommendations for the 20.1 preservation of archaeological or historic sites which may be 20.2 endangered by construction or development activities. When 20.3 archaeological or historic sites are related to Indian history 20.4 or religion, the state archaeologist shall submit the plans to 20.5 the Indian affairs council for the council's review and 20.6 recommend action. 20.7 Sec. 7. [160.93] [USER FEES; HIGH-OCCUPANCY VEHICLE 20.8 LANES.] 20.9 Subdivision 1. [FEES AUTHORIZED.] To improve efficiency 20.10 and provide more options to individuals traveling in a trunk 20.11 highway corridor, the commissioner of transportation may charge 20.12 user fees to owners or operators of single-occupant vehicles 20.13 using designated high-occupancy vehicle lanes. The fees may be 20.14 collected using electronic or other toll-collection methods and 20.15 may vary in amount with the time of day and level of traffic 20.16 congestion within the corridor. The commissioner shall consult 20.17 with the metropolitan council and obtain necessary federal 20.18 authorizations before implementing user fees on a high-occupancy 20.19 vehicle lane. Fees under this section are not subject to 20.20 section 16A.1283. 20.21 Subd. 2. [DEPOSIT OF REVENUES; APPROPRIATION.] Money 20.22 collected from fees authorized under subdivision 1 must be 20.23 deposited in a high-occupancy vehicle lane user fee account in 20.24 the special revenue fund. A separate account must be 20.25 established for each trunk highway corridor. Money in the 20.26 account is appropriated to the commissioner. From this 20.27 appropriation the commissioner shall first repay the trunk 20.28 highway fund and any other fund source for money spent to 20.29 install equip or modify the corridor for the purposes of 20.30 subdivision 1, and then shall pay all the costs of implementing 20.31 and administering the fee collection system for that corridor. 20.32 The commissioner shall spend remaining money in the account as 20.33 follows: 20.34 (1) one-half must be spent for transportation capital 20.35 improvements within the corridor; and 20.36 (2) one-half must be transferred to the metropolitan 21.1 council for expansion and improvement of bus transit services 21.2 within the corridor beyond the level of service provided on the 21.3 date of implementation of subdivision 1. 21.4 Subd. 3. [EXEMPTIONS.] With respect to this section, the 21.5 commissioner is exempt from statutory rulemaking requirements, 21.6 including section 14.386, and from sections 160.84 to 160.92 and 21.7 161.162 to 161.167. 21.8 Subd. 4. [PROHIBITION.] No person may operate a single 21.9 occupant vehicle in a designated high-occupancy vehicle lane 21.10 except in compliance with the requirements of the commissioner. 21.11 A person who violates this subdivision is guilty of a petty 21.12 misdemeanor and is subject to sections 169.89, subdivisions 1, 21.13 2, and 4, and 169.891 and any other provision of chapter 169 21.14 applicable to the commission of a petty misdemeanor traffic 21.15 offense. 21.16 Sec. 8. Minnesota Statutes 2002, section 161.08, is 21.17 amended to read: 21.18 161.08 [ BOOKS OF ACCOUNTRECORDS AND REPORTS.] 21.19 Subdivision 1. [BOOKS OF ACCOUNT.] (a) The commissioner 21.20 shall keep accurate and complete books of account as may be 21.21 prescribed by the commissioner of finance, the same to show in 21.22 detail itemized receipts and disbursements of the trunk highway 21.23 fund. The books of account shall show the following facts, 21.24 among others: 21.25 (1) the expenses of maintaining the transportation 21.26 department, including the salaries and expenses of the 21.27 individual members thereof; 21.28 (2) the amounts of money expended in each county of the 21.29 state for the construction of trunk highways, and when, where, 21.30 and upon what job or portion of road expended so that the cost 21.31 per mile of such construction can be easily ascertained; 21.32 (3) any other money expended by the state in connection 21.33 with any roads other than trunk highways and when, where, and 21.34 upon what portion of road so expended; and 21.35 (4) the amount of road equipment and materials purchased, 21.36 and when, where, and from whom purchased, and the price paid for 22.1 each item. 22.2 (b) The original invoices shall form a part of the 22.3 permanent files and records in the department of transportation 22.4 and be open to public inspection. 22.5 Subd. 2. [BIENNIAL REPORT.] No later than October 15 of 22.6 each odd-numbered year, the commissioner shall report to the 22.7 legislature the total expenditures from the trunk highway fund 22.8 during the previous biennium in each of the following 22.9 categories: road construction; planning; professional and 22.10 technical contracts; design and engineering; labor; compliance 22.11 with environmental requirements; acquisition of right-of-way; 22.12 litigation costs, including payment of claims, settlements, and 22.13 judgments; maintenance; and road operations. As part of each 22.14 report the commissioner shall select two representative trunk 22.15 highway construction projects, one each from the department's 22.16 metropolitan district and from greater Minnesota, and for each 22.17 project report the cost of environmental mitigation and 22.18 compliance. 22.19 Sec. 9. Minnesota Statutes 2002, section 161.20, 22.20 subdivision 3, is amended to read: 22.21 Subd. 3. [TRUNK HIGHWAY FUND APPROPRIATIONS.] The 22.22 commissioner may expend trunk highway funds only for trunk 22.23 highway purposes. Payment of expenses related to sales tax,22.24 bureau of criminal apprehension laboratory, office of tourism 22.25 kiosks, Minnesota safety council, tort claims, driver education 22.26 programs, emergency medical services board, and Mississippi 22.27 River parkway commission do not further a highway purpose and do 22.28 not aid in the construction, improvement, or maintenance of the 22.29 highway system. 22.30 Sec. 10. [161.368] [HIGHWAY MAINTENANCE, DESIGN, AND 22.31 CONSTRUCTION CONTRACT WITH TRIBAL AUTHORITIES.] 22.32 On behalf of the state, the commissioner may enter into 22.33 agreements with Indian tribal authorities for the purpose of 22.34 providing maintenance, design, and construction to highways on 22.35 tribal lands. These agreements may include (1) a provision for 22.36 waiver of immunity from suit by a party to the contract on the 23.1 part of the tribal authority with respect to any controversy 23.2 arising out of the contract and (2) a provision conferring 23.3 jurisdiction on state district courts to hear such a controversy. 23.4 Sec. 11. Minnesota Statutes 2002, section 162.02, 23.5 subdivision 1, is amended to read: 23.6 Subdivision 1. [CREATION.] There is created a county 23.7 state-aid highway system which must be established, located, 23.8 constructed, reconstructed, improved, and maintained as public 23.9 highways by the counties under rules not inconsistent with this 23.10 section made and promulgated by the commissioner as provided in 23.11 this chapter. The counties are vested with the rights, title, 23.12 easements, and their appurtenances, held by or vested in any of 23.13 the towns or municipal subdivisions or dedicated to the public 23.14 use prior to the time a road or portion of a road is taken over 23.15 by the county as a county state-aid highway. If a county23.16 state-aid highway is established over a center portion of a23.17 street in a city having a population of 5,000 or more, then the23.18 remaining portion of the street may be established as a23.19 municipal state-aid street.23.20 Sec. 12. Minnesota Statutes 2002, section 162.02, 23.21 subdivision 2, is amended to read: 23.22 Subd. 2. [RULES; ADVISORY COMMITTEE.] The rules shall be 23.23 made and promulgated by the commissioner acting with the advice 23.24 of a committee which shall be selected by the several county 23.25 boards acting through the officers of the statewide association 23.26 of county commissioners. The committee shall be composed of 23.27 nine members so selected that each member shall be from a 23.28 different state highway construction district. Not more than 23.29 five of the nine members of the committee shall be county 23.30 commissioners. The remaining members shall be county highway 23.31 engineers. The committee expires as provided in section 15.059, 23.32 subdivision 5. In the event that agreement cannot be reached on 23.33 any rule the commissioner's determination shall be final. The 23.34 rules shall be printed and copies thereof shall be forwarded to 23.35 the county auditors and thecounty engineers of the several 23.36 counties. 24.1 Sec. 13. Minnesota Statutes 2002, section 162.02, 24.2 subdivision 4, is amended to read: 24.3 Subd. 4. [LOCATION AND ESTABLISHMENT; COMMISSIONER'S 24.4 REVIEW.] The county boards of the several counties shall by 24.5 resolution and subject to the concurrence of the commissioner 24.6 locate and establish a system of county state-aid highways in 24.7 accordance with the rules made and promulgated by the 24.8 commissioner. It shall be the duty of the commissioner to 24.9 review each system considering the availability of funds and the 24.10 desirability of each system in relation to an integrated and 24.11 coordinated system of highways. After review the commissioner 24.12 shall by written order approve each system or any part thereof 24.13 which in the commissioner's judgment is feasible and desirable. 24.14 A certified copy of the order shall be filed with the county24.15 auditor and thecounty engineer. 24.16 Sec. 14. Minnesota Statutes 2002, section 162.09, 24.17 subdivision 1, is amended to read: 24.18 Subdivision 1. [CREATION; MILEAGE LIMITATION; RULES.] 24.19 There is created a municipal state-aid street system within 24.20 statutory and home rule charter cities having a population of 24.21 5,000 or more. The extent of the municipal state-aid street 24.22 system for a city shall not exceed: (1) 20 percent of the total 24.23 miles of city streets and county roads partially or totally 24.24 within the jurisdiction of that city, plus (2) the mileage of 24.25 all trunk highways reverted or turned back to the jurisdiction 24.26 of the city pursuant to law on and after July 1, 1965, plus (3) 24.27 the mileage of county highways reverted or turned back to the 24.28 jurisdiction of the city pursuant to law on or after May 11, 24.29 1994. For purposes of this subdivision, the total miles of city 24.30 streets and county roads within the jurisdiction of a city 24.31 includes all miles of county highways turned back to that city's 24.32 jurisdiction on or after May 11, 1994. The system shall be 24.33 established, located, constructed, reconstructed, improved, and 24.34 maintained as public highways partially or totally within such 24.35 cities under rules, not inconsistent with this section, made and 24.36 promulgated by the commissioner as hereinafter provided. 25.1 Sec. 15. Minnesota Statutes 2002, section 163.07, 25.2 subdivision 2, is amended to read: 25.3 Subd. 2. [QUALIFICATIONS, SALARY AND TERM.] The county 25.4 highway engineer shall be a registered highway or civil 25.5 engineer, registered under the laws of the state of Minnesota. 25.6 The county highway engineer may be selected from a list of25.7 eligible registered highway engineers prepared by the25.8 commissioner of transportation. The list shall be submitted by25.9 the commissioner of transportation to any county board25.10 requesting same.The county board may appoint a new county 25.11 engineer for a term of only one year. All reappointments shall 25.12 be for a term of four years, and shall be made in May of the 25.13 year in which the term expires. The county highway engineer 25.14 shall be a citizen and resident of this state. The county 25.15 highway engineer's salary shall be fixed by the county board and 25.16 shall be payable the same as other county officers are paid. 25.17 The salary shall not be reduced during the county highway 25.18 engineer's term of office. 25.19 Sec. 16. Minnesota Statutes 2002, section 163.11, is 25.20 amended by adding a subdivision to read: 25.21 Subd. 4a. [DESIGNATION AS COUNTY CARTWAY.] A county board 25.22 that has vacated a county highway under subdivision 4 may 25.23 designate, as part of the vacating resolution, the former county 25.24 highway as a county cartway. A highway designated as a county 25.25 cartway is a county highway for purposes of this chapter, but 25.26 the county board may not expend money from its road and bridge 25.27 fund on the maintenance or improvement of a county cartway 25.28 unless the county board determines that the expenditure is in 25.29 the public interest. With the exception of the process provided 25.30 in subdivision 5a, a county highway right-of-way that has been 25.31 vacated, extinguished, or otherwise removed from the county 25.32 highway system may not revert to a town. 25.33 Sec. 17. Minnesota Statutes 2002, section 163.11, is 25.34 amended by adding a subdivision to read: 25.35 Subd. 9. [TRANSFER OF JURISDICTION OVER COUNTY 25.36 HIGHWAY.] Notwithstanding subdivision 5, the county board may 26.1 transfer jurisdiction and ownership of a county highway to 26.2 another road authority, an agency of the United States, an 26.3 agency of the state, or to an Indian tribe upon agreement 26.4 between the county and the authority, agency, or tribe to which 26.5 the transfer is being made. Subdivision 5a provides the 26.6 exclusive method of county highway reversion to towns. 26.7 Sec. 18. Minnesota Statutes 2002, section 164.12, is 26.8 amended to read: 26.9 164.12 [ROAD ON TOWN LINE.] 26.10 Subdivision 1. [PROPOSAL TO ESTABLISH; MAINTAIN.] When 26.11 adjoining towns propose to establish, alter, orvacate, or 26.12 maintain a road on or along the line between such towns they 26.13 shall proceed as hereinafter provided. 26.14 Subd. 2. [DIVISION OF RESPONSIBILITIES.] The town boards 26.15 shall divide the length of the road proposed to be established, 26.16 altered, orvacated, or maintained into two parts. When it is 26.17 proposed to establish or alter a road, the division shall be 26.18 made so as to divide as nearly equal as possible the cost of 26.19 right-of-way, construction, and maintenance of the entire road. 26.20 If the proposal is to vacate a road, the division shall be made 26.21 so as to divide as nearly equal as possible any damages that may 26.22 be occasioned thereby. 26.23 Subd. 3. [AGREEMENT.] After the division the boards shall 26.24 enter into an agreement specifying which part shall be vacated, 26.25 or opened, constructed, and maintained by each. Thereafter, 26.26 each board shall proceed in the manner and subject to the same 26.27 review as provided in section 164.06 or section 164.07. 26.28 Subd. 4. [JOINT CONTRACT.] When a town line road is 26.29 established or, altered, or maintained as provided herein, the 26.30 boards may jointly let a contract covering all or part of the 26.31 work to be performed on the road. If a joint contract is not 26.32 let each town board shall open and construct its portion thereof 26.33 as expeditiously as possible. 26.34 Subd. 5. [PORTION OF ROAD TAKEN BY STATE OR COUNTY.] If a 26.35 portion of a town line road is taken over by the state as a 26.36 trunk highway, or by a county as a county state-aid highway or 27.1 county highway, the town boards concerned shall divide the 27.2 portions of the town line road not taken over by the state or 27.3 county, so that the cost of construction, reconstruction, and 27.4 maintenance thereof will be apportioned as nearly equal as 27.5 possible. After such division the boards shall enter into an 27.6 agreement specifying which part shall be constructed and 27.7 maintained by each. 27.8 Subd. 6. [FAILURE TO AGREE.] (a) When the town boards 27.9 cannot agree upon a division as provided in subdivision 2 or 27.10 subdivision 5, or upon the petition of either town board when a 27.11 division previously agreed upon has proved to be inequitable, 27.12 the county board, or where the road is on a county line the 27.13 county boards of the counties concerned, shall determine the 27.14 proper division of responsibility. In making such division the 27.15 county board or boards shall follow the procedure provided for 27.16 in subdivision 2 or 5. Where deemed necessary the services of 27.17 the county engineer may be used. 27.18 (b) When for any reason an agreement under paragraph (a) 27.19 cannot be reached, the town board of either or both towns may 27.20 request to have the matter determined through mediation, 27.21 arbitration, mediation-arbitration (med-arb), or other form of 27.22 alternative dispute resolution as described in Rule 114.02 of 27.23 the General Rules of Practice for the District Courts. The 27.24 parties may select a neutral who does not qualify under Rule 27.25 114.02. Mediated settlement agreements must be in accordance 27.26 with the Minnesota Civil Mediation Act, sections 572.31 to 27.27 572.40. Arbitrated agreements and med-arb agreements must be 27.28 final and binding. 27.29 Sec. 19. Minnesota Statutes 2002, section 168.011, 27.30 subdivision 22, is amended to read: 27.31 Subd. 22. [SPECIAL MOBILE EQUIPMENT.] "Special mobile 27.32 equipment" means every vehicle not designed or used primarily 27.33 for the transportation of persons or property and only 27.34 incidentally operated or moved over a highway, including but not 27.35 limited to: ditch-digging apparatuses, moving dollies, pump 27.36 hoists and other water well-drilling equipment registered under 28.1 chapter 103I, street-sweeping vehicles, and other machinery such 28.2 as asphalt spreaders, bituminous mixers, bucket loaders, 28.3 tractors other than truck-tractors, ditchers, leveling graders, 28.4 finishing machines, motor graders, road rollers, scarifiers, 28.5 truck-mounted log loaders, earth-moving carryalls, scrapers, 28.6 power shovels, draglines, self-propelled cranes, and 28.7 earth-moving equipment. The term does not include travel 28.8 trailers, dump trucks, truck-mounted transit mixers, 28.9 truck-mounted feed grinders, or other motor vehicles designed 28.10 for the transportation of persons or property to which machinery 28.11 has been attached. 28.12 Sec. 20. Minnesota Statutes 2002, section 168.013, 28.13 subdivision 3, is amended to read: 28.14 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 28.15 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 28.16 gross weight shall state the unloaded weight of the motor 28.17 vehicle, trailer, or semitrailer and the maximum load the 28.18 applicant proposes to carry on it, the sum of which constitutes 28.19 the gross weight upon which the license tax must be paid. 28.20 However, the declared gross weight upon which the tax is paid 28.21 must not be less than 1-1/4 times the declared unloaded weight 28.22 of the motor vehicle, trailer, or semitrailer to be registered, 28.23 except recreational vehicles taxed under subdivision 1g, school 28.24 buses taxed under subdivision 18, and tow trucks or towing 28.25 vehicles defined in section 169.01, subdivision 52. The gross 28.26 weight of a tow truck or towing vehicle is the actual weight of 28.27 the tow truck or towing vehicle fully equipped, but does not 28.28 include the weight of a wrecked or disabled vehicle towed or 28.29 drawn by the tow truck or towing vehicle. 28.30 (b) The gross weight of a motor vehicle, trailer, or 28.31 semitrailer must not exceed the gross weight upon which the 28.32 license tax has been paid by more than four percent or 1,000 28.33 pounds, whichever is greater; provided that, a vehicle 28.34 transporting unfinished forest products on a highway, other than 28.35 a highway that is part of the system of interstate and defense 28.36 highways, unless a federal exemption is granted, in accordance 29.1 with paragraph (d)(3): 29.2 (1) shall not exceed its gross vehicle weight upon which 29.3 the license tax has been paid, or gross axle weight on any axle, 29.4 by more than five percent and, notwithstanding other law to the 29.5 contrary, is not subject to any fee, fine, or other assessment 29.6 or penalty for exceeding a gross vehicle or axle weight by up to 29.7 five percent; and 29.8 (2) between the dates set by the commissioner in accordance 29.9 with section 169.826, subdivision 1, is not subject to any 29.10 provision of paragraph (d) or chapter 169 limiting the gross 29.11 axle weight of any individual axle unless the entire vehicle 29.12 also exceeds its gross vehicle weight plus its weight allowance 29.13 allowed in clause (1) and plus any weight allowance permitted 29.14 under section 169.826, in which case the vehicle is subject to 29.15 all applicable penalties for excess weight violations. 29.16 (c) The gross weight of the motor vehicle, trailer, or 29.17 semitrailer for which the license tax is paid must be indicated 29.18 by a distinctive character on the license plate or plates except 29.19 as provided in subdivision 12 and the plate or plates must be 29.20 kept clean and clearly visible at all times. 29.21 (d) The owner, driver, or user of a motor vehicle, trailer, 29.22 or semitrailer, upon conviction for transporting a gross weight 29.23 in excess of the gross weight for which it was registered or for 29.24 operating a vehicle with an axle weight exceeding the maximum 29.25 lawful axle load weight, is guilty of a misdemeanor and subject 29.26 to increased registration or reregistration according to the 29.27 following schedule: 29.28 (1) Upon conviction for transporting a gross weight in 29.29 excess of the gross weight for which a motor vehicle, trailer, 29.30 or semitrailer is registered by more than the allowance set 29.31 forth in paragraph (b) but less than 25 percent, or for 29.32 operating or using a motor vehicle, trailer, or semitrailer with 29.33 an axle weight exceeding the maximum lawful axle load as 29.34 provided in sections 169.822 to 169.829 by more than the 29.35 allowance set forth in paragraph (b) but less than 25 percent, 29.36 the owner, driver, or user of the motor vehicle, trailer, or 30.1 semitrailer used to commit the violation, in addition to any 30.2 penalty imposed for the misdemeanor, shall apply to the 30.3 registrar to increase the authorized gross weight to be carried 30.4 on the vehicle to a weight equal to or greater than the gross 30.5 weight the owner, driver, or user was convicted of carrying. 30.6 The increase is computed for the balance of the calendar year on 30.7 the basis of 1/12 of the annual tax for each month remaining in 30.8 the calendar year beginning with the first day of the month in 30.9 which the violation occurred. If the additional registration 30.10 tax computed upon that weight, plus the tax already paid, 30.11 amounts to more than the regular tax for the maximum gross 30.12 weight permitted for the vehicle under sections 169.822 to 30.13 169.829, that additional amount must nevertheless be paid into 30.14 the highway fund, but the additional tax thus paid does not 30.15 authorize or permit any person to operate the vehicle with a 30.16 gross weight in excess of the maximum legal weight as provided 30.17 by sections 169.822 to 169.829. Unless the owner within 30 days 30.18 after a conviction applies to increase the authorized weight and 30.19 pays the additional tax as provided in this section, the 30.20 registrar shall revoke the registration on the vehicle and 30.21 demand the return of the registration card and plates issued on 30.22 that registration. 30.23 (2) Upon conviction of an owner, driver, or user of a motor 30.24 vehicle, trailer, or semitrailer for transporting a gross weight 30.25 in excess of the gross weight for which the motor vehicle, 30.26 trailer, or semitrailer was registered by 25 percent or more or 30.27 for operating or using the vehicle or trailer with an axle 30.28 weight exceeding the maximum lawful axle load as provided in 30.29 sections 169.822 to 169.829 by 25 percent or more, and in 30.30 addition to any penalty imposed for the misdemeanor, the 30.31 registrar shall either (i) cancel the reciprocity privileges on 30.32 the vehicle involved if the vehicle is being operated under 30.33 reciprocity or (ii) if the vehicle is not being operated under 30.34 reciprocity, cancel the certificate of registration on the 30.35 vehicle operated and demand the return of the registration 30.36 certificate and registration plates. The registrar may not 31.1 cancel the registration or reciprocity privileges for any 31.2 vehicle found in violation of seasonal load restrictions imposed 31.3 under section 169.87 unless the axle weight exceeds the 31.4 year-round weight limit for the highway on which the violation 31.5 occurred. The registrar may investigate any allegation of gross 31.6 weight violations and demand that the operator show cause why 31.7 all future operating privileges in the state should not be 31.8 revoked unless the additional tax assessed is paid. 31.9 (3) Clause (1) does not apply to the first haul of 31.10 unprocessed or raw farm products or unfinished forest products, 31.11 when the registered gross weight is not exceeded by more than 31.12 ten percent. For purposes of this clause, "first haul" means 31.13 (i) the first, continuous transportation of unprocessed or raw 31.14 farm products from the place of production or on-farm storage 31.15 site to any other location within 50 miles of the place of 31.16 production or on-farm storage site, or (ii) the continuous or 31.17 noncontinuous transportation of unfinished forest products from 31.18 the place of production to the place of final processing or 31.19 manufacture located within 200 miles of the place of production. 31.20 (4) When the registration on a motor vehicle, trailer, or 31.21 semitrailer is revoked by the registrar according to this 31.22 section, the vehicle must not be operated on the highways of the 31.23 state until it is registered or reregistered, as the case may 31.24 be, and new plates issued, and the registration fee is the 31.25 annual tax for the total gross weight of the vehicle at the time 31.26 of violation. The reregistration pursuant to this subdivision 31.27 of any vehicle operating under reciprocity agreements pursuant 31.28 to section 168.181 or 168.187 must be at the full annual 31.29 registration fee without regard to the percentage of vehicle 31.30 miles traveled in this state. 31.31 Sec. 21. Minnesota Statutes 2002, section 168.12, 31.32 subdivision 2e, is amended to read: 31.33 Subd. 2e. [VOLUNTEER AMBULANCE ATTENDANTS; SPECIAL 31.34 PLATES.] (a) The registrar shall issue special license plates to 31.35 an applicant who is a volunteer ambulance attendant as defined 31.36 in section 144E.001, subdivision 15, and who owns or jointly 32.1 owns a motor vehicle taxed as a passenger automobile. The 32.2 registrar shall issue the special plates on payment of the 32.3 registration tax required by law for the vehicle, compliance 32.4 with all other applicable laws relating to registration and 32.5 licensing of motor vehicles and drivers, and payment of an 32.6 additional fee of $10. The registrar shall not issue more than 32.7 one settwo sets of these plates to each qualified applicant. 32.8 (b) A person may use special plates issued under this 32.9 subdivision only during the period that the person is a 32.10 volunteer ambulance attendant. When the person to whom the 32.11 special plates were issued ceases to be a volunteer ambulance 32.12 attendant, orthe person shall return each set of special plates 32.13 issued to that person. When ownership of thea vehicle is 32.14 transferred, the person shall remove the special plates from the32.15 that vehicle and return them to the registrar. On return of the32.16 each set of plates, the owner of the vehicle, or new owner in 32.17 case of a transferred vehicle, is entitled to receive regular 32.18 license plates for the vehicle without cost for the rest of the 32.19 registration period for which the set of special plates were 32.20 issued. Special plates issued under this subdivision may be 32.21 transferred to another vehicle owned by the volunteer ambulance 32.22 attendant on payment of a fee of $5. 32.23 (c) The fees specified in this subdivision must be paid 32.24 into the state treasury and deposited in the highway user tax 32.25 distribution fund. 32.26 (d) The commissioner may adopt rules governing the design, 32.27 issuance, and sale of the special plates authorized by this 32.28 subdivision. 32.29 Sec. 22. Minnesota Statutes 2002, section 168.12, 32.30 subdivision 5, is amended to read: 32.31 Subd. 5. [ADDITIONAL FEE.] (a) In addition to any fee 32.32 otherwise authorized or any tax otherwise imposed upon any motor 32.33 vehicle, the payment of which is required as a condition to the 32.34 issuance of any number license plate or plates, the commissioner 32.35 of public safety mayshall impose athe fee specified in 32.36 paragraph (b) that is calculated to cover the cost of 33.1 manufacturing and issuing the license plate or plates, except 33.2 for license plates issued to disabled veterans as defined in 33.3 section 168.031 and license plates issued pursuant to section 33.4 168.124, 168.125, or 168.27, subdivisions 16 and 17, for 33.5 passenger automobiles. Graphic design license plates shall only 33.6 be issued for vehicles registered pursuant to section 168.017 33.7 and recreational vehicles registered pursuant to section 33.8 168.013, subdivision 1g. 33.9 (b) Unless otherwise specified or exempted by statute, the 33.10 following plate and validation sticker fees apply for the 33.11 original, duplicate, or replacement issuance of a plate in a 33.12 plate year: 33.13 Sequential Double Plate $ 4.25 33.14 Sequential Special Plate-Double $ 7.00 33.15 Sequential Single Plate $ 3.00 33.16 Sequential Special Plate-Single $ 5.50 33.17 Self-Adhesive Plate $ 2.50 33.18 Nonsequential Double Plate $14.00 33.19 Nonsequential Single Plate $10.00 33.20 Duplicate Sticker $ 1.00 33.21 (c) Fees collected under this subdivision must be paid into 33.22 the state treasury and credited to the highway user tax 33.23 distribution fund. 33.24 Sec. 23. [168.1293] [SPECIAL LICENSE PLATES; 33.25 AUTHORIZATION; DISCONTINUANCE.] 33.26 Subdivision 1. [DEFINITION.] For purposes of this section 33.27 and section 168.1297 "special license plate" means a license 33.28 plate that is authorized by law to have wording and graphics 33.29 that differ from a Minnesota passenger vehicle license plate. 33.30 Subd. 2. [SUBMISSIONS TO DEPARTMENT.] (a) A person, legal 33.31 entity, or other requester, however organized, that plans to 33.32 seek legislation establishing a new special license plate shall 33.33 submit the following information and fee to the department of 33.34 public safety: 33.35 (1) The requester shall submit a request for the special 33.36 license plate being sought, describing the proposed license 34.1 plate in general terms, the purpose of the plate, and the 34.2 proposed fee or minimum contribution required for the plate. 34.3 (2) The requester shall submit the results of a scientific 34.4 sample survey of Minnesota motor vehicle owners that indicates 34.5 that at least 10,000 motor vehicle owners intend to purchase the 34.6 proposed plate with the proposed fee or minimum contribution. 34.7 The requester's plan to undertake the survey must be reported to 34.8 the department before the survey is undertaken. The survey must 34.9 be performed independently of the requester by another person or 34.10 legal entity, however organized, that conducts similar sample 34.11 surveys in the normal course of business. 34.12 (3) The requester shall submit an application fee of 34.13 $20,000, to cover the department's cost of reviewing the 34.14 application and developing the special license plate if 34.15 authorized. State funds may not be used to pay the application 34.16 fee. 34.17 (4) The requester shall submit a marketing strategy that 34.18 contains (i) short-term and long-term marketing plans for the 34.19 requested plate, and (ii) a financial analysis showing the 34.20 anticipated revenues and the planned expenditures of any fee or 34.21 contribution derived from the requested plate. 34.22 (b) The requester shall submit the information required 34.23 under paragraph (a) to the department at least 120 days before 34.24 the convening of the next regular legislative session at which 34.25 the requester will submit the proposal. 34.26 Subd. 3. [DESIGN; REDESIGN.] (a) If the special license 34.27 plate sought by the requester is approved by law, the requester 34.28 shall submit the proposed design for the plate to the department 34.29 as soon as practicable, but not later than 120 days after the 34.30 effective date of the law authorizing issuance of the plate. 34.31 The department is responsible for selecting the final design for 34.32 the special license plate. 34.33 (b) The requester that originally requested a special 34.34 license plate subsequently approved by law may not submit a new 34.35 design for the plate within the five years following the date of 34.36 first issuance of the plate unless the inventory of those plates 35.1 has been exhausted. The requester may deplete the remaining 35.2 inventory of the plates by reimbursing the department for the 35.3 cost of the plates. 35.4 Subd. 4. [REFUND OF FEE.] If the special license plate 35.5 requested is not authorized in the legislative session at which 35.6 authorization was sought, the department shall refund $17,500 of 35.7 the application fee to the requester. 35.8 Subd. 5. [DISCONTINUANCE OF PLATE.] (a) The department 35.9 shall discontinue the issuance or renewal of any special license 35.10 plate if (1) fewer than 1,000 sets of those plates are currently 35.11 registered at the end of the first six years during which the 35.12 plates are available, or (2) fewer than 1,000 sets of those 35.13 plates are currently registered at the end of any subsequent 35.14 two-year period following the first six years of availability. 35.15 (b) The department may discontinue the issuance or renewal 35.16 of any special license plate, and distribution of any 35.17 contributions resulting from that plate, if the department 35.18 determines that (1) the fund or requester receiving the 35.19 contributions no longer exists, (2) the requester has stopped 35.20 providing services that are authorized to be funded from the 35.21 contribution proceeds, (3) the requester has requested 35.22 discontinuance, or (4) contributions have been used in violation 35.23 of subdivision 6. 35.24 (c) Nothing in this subdivision applies to license plates 35.25 issued under section 168.123, 168.124, 168.125, or 168.1255. 35.26 Subd. 6. [USE OF CONTRIBUTIONS.] Contributions made as a 35.27 condition of obtaining a special license plate, and interest 35.28 earned on the contributions, may not be spent for commercial or 35.29 for-profit purposes. 35.30 Subd. 7. [DEPOSIT OF FEE; APPROPRIATION.] The commissioner 35.31 shall deposit the application fee under subdivision 2, paragraph 35.32 (a), clause (3), in the highway user tax distribution fund. An 35.33 amount sufficient to pay the department's cost in implementing 35.34 and administering this section, including payment of refunds 35.35 under subdivision 4, is appropriated to the commissioner. 35.36 Sec. 24. [168.1297] [SPECIAL "ROTARY MEMBER" LICENSE 36.1 PLATES.] 36.2 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The 36.3 registrar shall issue special "Rotary member" license plates to 36.4 an applicant who: 36.5 (1) is an owner or joint owner of a passenger automobile, 36.6 pickup truck, or van; 36.7 (2) pays a fee of $10 to cover the costs of handling and 36.8 manufacturing the plates; 36.9 (3) pays the registration tax required under section 36.10 168.013; 36.11 (4) pays the fees required under this chapter; 36.12 (5) submits proof to the registrar that the applicant is a 36.13 member of Rotary International; and 36.14 (6) complies with laws and rules governing registration and 36.15 licensing of vehicles and drivers. 36.16 Subd. 2. [DESIGN.] A special license plate under this 36.17 section consists of a special license plate as described in 36.18 section 168.1291 with a unique symbol that is the recognized 36.19 emblem of Rotary International. 36.20 Subd. 3. [COMPLIANCE WITH OTHER LAW.] The commissioner 36.21 shall take no action under this section unless the commissioner 36.22 determines that Rotary International, or one or more districts 36.23 of Rotary International, has complied with section 168.1293, 36.24 subdivision 2, paragraph (a). Issuance and renewal of license 36.25 plates under this section are subject to section 168.1293, 36.26 subdivisions 3 to 6. 36.27 Sec. 25. Minnesota Statutes 2002, section 168.54, 36.28 subdivision 4, is amended to read: 36.29 Subd. 4. [TRANSFER FEE.] A fee of $2$3 is imposed upon 36.30 every transfer of ownership by the commissioner of public safety 36.31 of any motor vehicle for which a registration certificate has 36.32 heretofore been issued under this chapter, except vehicles sold 36.33 for the purposes of salvage or dismantling or permanent removal 36.34 from the state. 36.35 Sec. 26. Minnesota Statutes 2002, section 168A.29, 36.36 subdivision 1, is amended to read: 37.1 Subdivision 1. [AMOUNTS.] (a) The department shall be paid 37.2 the following fees: 37.3 (1) for filing an application for and the issuance of an 37.4 original certificate of title, the sum of $2$3; 37.5 (2) for each security interest when first noted upon a 37.6 certificate of title, including the concurrent notation of any 37.7 assignment thereof and its subsequent release or satisfaction, 37.8 the sum of $2, except that no fee is due for a security interest 37.9 filed by a public authority under section 168A.05, subdivision 37.10 8; 37.11 (3) for the transfer of the interest of an owner and the 37.12 issuance of a new certificate of title, the sum of $2$3; 37.13 (4) for each assignment of a security interest when first 37.14 noted on a certificate of title, unless noted concurrently with 37.15 the security interest, the sum of $1; 37.16 (5) for issuing a duplicate certificate of title, the sum 37.17 of $4. 37.18 (b) After June 30, 1994, in addition to each of the fees 37.19 required under paragraph (a), clauses (1) and (3), the 37.20 department shall be paid $3.50. The additional fee collected 37.21 under this paragraph must be deposited in the special revenue 37.22 fund and credited to the public safety motor vehicle account 37.23 established in section 299A.70. 37.24 Sec. 27. Minnesota Statutes 2002, section 169.14, 37.25 subdivision 5a, is amended to read: 37.26 Subd. 5a. [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) 37.27 Local authorities may establish a school speed limit within a 37.28 school zone of a public or nonpublic school upon the basis of an 37.29 engineering and traffic investigation as prescribed by the 37.30 commissioner of transportation. The establishment of a school 37.31 speed limit on any trunk highway shall be with the consent of 37.32 the commissioner of transportation. Such school speed limits 37.33 shall be in effect when children are present, going to or 37.34 leaving school during opening or closing hours or during school 37.35 recess periods. The school speed limit shall not be lower than 37.36 15 miles per hour and shall not be more than 2030 miles per 38.1 hour below the established speed limit on an affected street or 38.2 highway if the established speed limit is 40 miles per hour or38.3 greater. 38.4 (b) The school speed limit shall be effective upon the 38.5 erection of appropriate signs designating the speed and 38.6 indicating the beginning and end of the reduced speed zone. Any 38.7 speed in excess of such posted school speed limit is unlawful. 38.8 All such signs shall be erected by the local authorities on 38.9 those streets and highways under their respective jurisdictions 38.10 and by the commissioner of transportation on trunk highways. 38.11 (c) For the purpose of this subdivision, "school zone" 38.12 means that section of a street or highway which abuts the 38.13 grounds of a school where children have access to the street or 38.14 highway from the school property or where an established school 38.15 crossing is located provided the school advance sign prescribed 38.16 by the manual on uniform traffic control devices adopted by the 38.17 commissioner of transportation pursuant to section 169.06 is in 38.18 place. All signs erected by local authorities to designate 38.19 speed limits in school zones shall conform to the manual on 38.20 uniform control devices. 38.21 (d) Notwithstanding section 609.0331 or 609.101 or other 38.22 law to the contrary, a person who violates a speed limit 38.23 established under this subdivision is assessed an additional 38.24 surcharge equal to the amount of the fine imposed for the 38.25 violation, but not less than $25. 38.26 Sec. 28. Minnesota Statutes 2002, section 169.448, 38.27 subdivision 1, is amended to read: 38.28 Subdivision 1. [RESTRICTIONS ON APPEARANCE; MISDEMEANOR.] 38.29 (a) A bus that is not used as a school bus may not be operated 38.30 on a street or highway unless it is painted a color 38.31 significantly different than national school bus glossy yellow. 38.32 (b) A bus that is not used as a school bus or Head Start 38.33 bus may not be operated if it is equipped with school bus or 38.34 Head Start bus-related equipment and printing. 38.35 (c) A violation of this subdivision is a misdemeanor. 38.36 (d) This subdivision does not apply to a school bus owned 39.1 by or under contract to a school district operated as a charter 39.2 or leased bus. 39.3 (e) This subdivision does not apply to a school bus 39.4 operated by a licensed child care provider if: 39.5 (1) the stop arm is removed; 39.6 (2) the eight-light system is deactivated; 39.7 (3) the school bus is identified as a "child care bus" in 39.8 letters at least eight inches high on the front and rear top of 39.9 the bus; and39.10 (4) the name, address, and telephone number of the owner or 39.11 operator of the bus is identified on each front door of the bus 39.12 in letters not less than three inches high; and 39.13 (5) the conditions under section 171.02, subdivision 2a, 39.14 paragraph (b), clauses (1) through (10), (12), and (14) have 39.15 been met. 39.16 [EFFECTIVE DATE.] This section is effective July 1, 2003. 39.17 Sec. 29. Minnesota Statutes 2002, section 169.791, 39.18 subdivision 1, is amended to read: 39.19 Subdivision 1. [TERMS DEFINED.] (a) For purposes of this 39.20 section and sections 169.792 to 169.799169.798, the following 39.21 terms have the meanings given. 39.22 (b) "Commissioner" means the commissioner of public safety. 39.23 (c) "District court administrator" or "court administrator" 39.24 means the district court administrator or a deputy district 39.25 court administrator of the district court that has jurisdiction 39.26 of a violation of this section. 39.27 (d) "Insurance identification card" means a card issued by 39.28 an obligor to an insured stating that security as required by 39.29 section 65B.48 has been provided for the insured's vehicle. 39.30 (e) "Law enforcement agency" means the law enforcement 39.31 agency that employed the peace officer who demanded proof of 39.32 insurance under this section or section 169.792. 39.33 (f) "Peace officer" or "officer" means an employee of a 39.34 political subdivision or state law enforcement agency, including 39.35 the Minnesota state patrol, who is licensed by the Minnesota 39.36 board of peace officer standards and training and is authorized 40.1 to make arrests for violations of traffic laws. 40.2 (g) "Proof of insurance" means an insurance identification 40.3 card, written statement, or insurance policy as defined by 40.4 section 65B.14, subdivision 2. 40.5 (h) "Vehicle" means a motor vehicle as defined in section 40.6 65B.43, subdivision 2, or a motorcycle as defined in section 40.7 65B.43, subdivision 13. 40.8 (i) "Written statement" means a written statement by a 40.9 licensed insurance agent stating the name and address of the 40.10 insured, the vehicle identification number of the insured's 40.11 vehicle, that a plan of reparation security as required by 40.12 section 65B.48 has been provided for the insured's vehicle, and 40.13 the dates of the coverage. 40.14 (j) The definitions in section 65B.43 apply to sections 40.15 169.792 to 169.799169.798. 40.16 Sec. 30. Minnesota Statutes 2002, section 169.796, is 40.17 amended by adding a subdivision to read: 40.18 Subd. 3. [SAMPLING TO VERIFY INSURANCE COVERAGE.] (a) The 40.19 commissioner of public safety shall implement a monthly sampling 40.20 program to verify insurance coverage. The sample must annually 40.21 include at least two percent of all drivers who own motor 40.22 vehicles, as defined in section 168.011, licensed in the state, 40.23 one-half of whom during the previous year have been convicted of 40.24 at least one vehicle insurance law violation, have had a 40.25 driver's license revoked or suspended due to habitual violation 40.26 of traffic laws, have had no insurance in effect at the time of 40.27 a reportable crash, or have been convicted of an alcohol-related 40.28 motor vehicle offense. No sample may be selected based on race, 40.29 religion, physical or mental disability, economic status, or 40.30 geographic location. 40.31 (b) The commissioner shall request each vehicle owner 40.32 included in the sample to furnish insurance coverage information 40.33 to the commissioner within 30 days. The request must require 40.34 the owner to state whether or not all motor vehicles owned by 40.35 that person were insured on the verification date stated in the 40.36 commissioner's request. The request may require, but is not 41.1 limited to, a signed statement by the owner that the information 41.2 is true and correct, the names and addresses of insurers, policy 41.3 numbers, and expiration or renewal dates of insurance coverage. 41.4 (c) The commissioner shall conduct a verification of the 41.5 response by transmitting necessary information to the insurance 41.6 companies named in the owner's response. 41.7 (d) The insurance companies shall electronically notify the 41.8 commissioner, within 30 days of the commissioner's request, of 41.9 any false statements regarding coverage. 41.10 (e) The commissioner shall suspend, without preliminary 41.11 hearing, the driver's license, if any, of a vehicle owner who 41.12 falsely claims coverage, who indicates that coverage was not in 41.13 effect at the time specified in the request, or who fails to 41.14 respond to the commissioner's request to furnish proof of 41.15 insurance. The commissioner shall comply with the notice 41.16 requirement of section 171.18, subdivision 2. 41.17 (f) Before reinstatement of the driver's license, there 41.18 must be filed with the commissioner of public safety the written 41.19 certificate of an insurance carrier authorized to do business in 41.20 the state stating that security has been provided as required by 41.21 section 65B.48. The commissioner of public safety may require 41.22 the certificate of insurance provided to satisfy this 41.23 subdivision to be certified by the insurance carrier for a 41.24 period not to exceed one year. The commissioner of public 41.25 safety may also require a certificate of insurance to be filed 41.26 with respect to all vehicles required to be insured under 41.27 section 65B.48 and owned by any person whose driving privileges 41.28 have been suspended as provided in this section before 41.29 reinstating the person's driver's license. 41.30 Sec. 31. Minnesota Statutes 2002, section 169.797, 41.31 subdivision 4a, is amended to read: 41.32 Subd. 4a. [REGISTRATION REVOCATION AND LICENSE 41.33 SUSPENSION.] The commissioner of public safety shall revoke the 41.34 registration of any vehicle and mayshall suspend the driver's 41.35 license of any operator, without preliminary hearing upon a 41.36 showing by department records, including accident reports 42.1 required to be submitted by section 169.09, or other sufficient 42.2 evidence that security required by section 65B.48 has not been 42.3 provided and maintained. Before reinstatement of the 42.4 registration, there shall be filed with the commissioner of 42.5 public safety the written certificate of an insurance carrier 42.6 authorized to do business in the state stating that security has 42.7 been provided as required by section 65B.48. The commissioner 42.8 of public safety may require the certificate of insurance 42.9 provided to satisfy this subdivision to be certified by the 42.10 insurance carrier to be noncancelable for a period not to exceed 42.11 one year. The commissioner of public safety may also require a 42.12 certificate of insurance to be filed with respect to all 42.13 vehicles required to be insured under section 65B.48 and owned 42.14 by any person whose driving privileges have been suspended or 42.15 revoked as provided in this section before reinstating the 42.16 person's driver's license. 42.17 Sec. 32. Minnesota Statutes 2002, section 169.798, 42.18 subdivision 1, is amended to read: 42.19 Subdivision 1. [AUTHORITY.] The commissioner of public 42.20 safety shall have the power and perform the duties imposed 42.21 by this section and sections 65B.41 to 65B.71 , this section,and 42.22 sections169.797 and 169.799,and may adopt rules to implement 42.23 and provide effective administration of the provisions requiring 42.24 security and governing termination of security. 42.25 Sec. 33. Minnesota Statutes 2002, section 169.798, is 42.26 amended by adding a subdivision to read: 42.27 Subd. 4. [ATTESTATION OF INSURANCE REQUIRED.] Every owner, 42.28 when applying for motor vehicle or motorcycle registration, 42.29 reregistration, or transfer of ownership, must attest that the 42.30 motor vehicle or motorcycle is covered by an insurance policy. 42.31 Sec. 34. Minnesota Statutes 2002, section 169.826, 42.32 subdivision 1, is amended to read: 42.33 Subdivision 1. [WINTER INCREASE AMOUNTS.] The limitations 42.34 provided in sections 169.822 to 169.829 are increased :42.35 (1)by ten percent between the dates set by the 42.36 commissioner for each zone established by the commissioner based 43.1 on a freezing index model each winter , statewide;. 43.2 (2) by ten percent between the dates set by the43.3 commissioner based on a freezing index model each winter, in the43.4 zone bounded as follows: beginning at Pigeon River in the43.5 northeast corner of Minnesota; thence in a southwesterly43.6 direction along the north shore of Lake Superior to the43.7 northeastern city limits of Duluth; thence along the eastern and43.8 southern city limits of Duluth to the junction with trunk43.9 highway No. 210; thence westerly along trunk highway No. 210 to43.10 the junction with trunk highway No. 10; thence northwesterly43.11 along trunk highway No. 10 to the Minnesota-North Dakota border;43.12 thence northerly along that border to the Minnesota-Canadian43.13 Border; thence easterly along said Border to Lake Superior; and43.14 (3)Subd. 1a. [HARVEST SEASON INCREASE AMOUNT.] The 43.15 limitations provided in sections 169.822 to 169.829 are 43.16 increased by ten percent from the beginning of harvest to 43.17 November 30 each year for the movement of sugar beets, carrots, 43.18 and potatoes from the field of harvest to the point of the first 43.19 unloading. Transfer of the product from a farm vehicle or small 43.20 farm trailer, within the meaning of chapter 168, to another 43.21 vehicle is not considered to be the first unloading. The 43.22 commissioner shall not issue permits under this clause43.23 subdivision if to do so will result in a loss of federal highway 43.24 funding to the state. 43.25 Sec. 35. Minnesota Statutes 2002, section 169.826, is 43.26 amended by adding a subdivision to read: 43.27 Subd. 1b. [NINE-TON COUNTY ROADS.] Despite the provisions 43.28 of subdivision 5 and sections 169.824, subdivision 2, paragraph 43.29 (a), clause (2), and 169.832, subdivision 11, a vehicle or 43.30 combination of vehicles with a gross vehicle weight up to 88,000 43.31 pounds may be operated on a nine-ton county road, consistent 43.32 with the increases allowed for vehicles operating on a ten-ton 43.33 road, during the time when the increases under subdivision 1 are 43.34 in effect in that zone. 43.35 Sec. 36. Minnesota Statutes 2002, section 169.85, 43.36 subdivision 2, is amended to read: 44.1 Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and 44.2 load, as provided in this section, an officer may require the 44.3 driver to stop the vehicle in a suitable place and remain 44.4 standing until a portion of the load is removed that is 44.5 sufficient to reduce the gross weight of the vehicle to the 44.6 limit permitted under either section 168.013, subdivision 3, 44.7 paragraph (b), or sections 169.822 to 169.829, whichever is the 44.8 lesser violation, if any. A suitable place is a location where 44.9 loading or tampering with the load is not prohibited by federal, 44.10 state, or local law, rule, or ordinance. 44.11 (b) Except as provided in paragraph (c), a driver may be 44.12 required to unload a vehicle only if the weighing officer 44.13 determines that (1) on routes subject to the provisions of 44.14 sections 169.822 to 169.829, the weight on an axle exceeds the 44.15 lawful gross weight prescribed by sections 169.822 to 169.829, 44.16 by 2,000 pounds or more, or the weight on a group of two or more 44.17 consecutive axles in cases where the distance between the 44.18 centers of the first and last axles of the group under 44.19 consideration is ten feet or less exceeds the lawful gross 44.20 weight prescribed by sections 169.822 to 169.829, by 4,000 44.21 pounds or more; or (2) on routes designated by the commissioner 44.22 in section 169.832, subdivision 11, the overall weight of the 44.23 vehicle or the weight on an axle or group of consecutive axles 44.24 exceeds the maximum lawful gross weights prescribed by sections 44.25 169.822 to 169.829; or (3) the weight is unlawful on an axle or 44.26 group of consecutive axles on a road restricted in accordance 44.27 with section 169.87. Material unloaded must be cared for by the 44.28 owner or driver of the vehicle at the risk of the owner or 44.29 driver. 44.30 (c) If the gross weight of the vehicle does not exceed the 44.31 vehicle's registered gross weight plus the weight allowance set 44.32 forth in section 168.013, subdivision 3, paragraph (b), and 44.33 plus, if applicable, the weight allowance permitted under 44.34 section 169.826, then the driver is not required to unload under 44.35 paragraph (b). 44.36 Sec. 37. Minnesota Statutes 2002, section 169.86, 45.1 subdivision 5, is amended to read: 45.2 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 45.3 commissioner, with respect to highways under the commissioner's 45.4 jurisdiction, may charge a fee for each permit issued. All such 45.5 fees for permits issued by the commissioner of transportation 45.6 shall be deposited in the state treasury and credited to the 45.7 trunk highway fund. Except for those annual permits for which 45.8 the permit fees are specified elsewhere in this chapter, the 45.9 fees shall be: 45.10 (a) $15 for each single trip permit. 45.11 (b) $36 for each job permit. A job permit may be issued 45.12 for like loads carried on a specific route for a period not to 45.13 exceed two months. "Like loads" means loads of the same 45.14 product, weight, and dimension. 45.15 (c) $60 for an annual permit to be issued for a period not 45.16 to exceed 12 consecutive months. Annual permits may be issued 45.17 for: 45.18 (1) motor vehicles used to alleviate a temporary crisis 45.19 adversely affecting the safety or well-being of the public; 45.20 (2) motor vehicles which travel on interstate highways and 45.21 carry loads authorized under subdivision 1a; 45.22 (3) motor vehicles operating with gross weights authorized 45.23 under section 169.826, subdivision 1, clause (3)1a; 45.24 (4) special pulpwood vehicles described in section 169.863; 45.25 (5) motor vehicles bearing snowplow blades not exceeding 45.26 ten feet in width; and 45.27 (6) noncommercial transportation of a boat by the owner or 45.28 user of the boat. 45.29 (d) $120 for an oversize annual permit to be issued for a 45.30 period not to exceed 12 consecutive months. Annual permits may 45.31 be issued for: 45.32 (1) mobile cranes; 45.33 (2) construction equipment, machinery, and supplies; 45.34 (3) manufactured homes; 45.35 (4) implements of husbandry when the movement is not made 45.36 according to the provisions of paragraph (i); 46.1 (5) double-deck buses; 46.2 (6) commercial boat hauling. 46.3 (e) For vehicles which have axle weights exceeding the 46.4 weight limitations of sections 169.822 to 169.829, an additional 46.5 cost added to the fees listed above. However, this paragraph 46.6 applies to any vehicle described in section 168.013, subdivision 46.7 3, paragraph (b), but only when the vehicle exceeds its gross 46.8 weight allowance set forth in that paragraph, and then the 46.9 additional cost is for all weight, including the allowance 46.10 weight, in excess of the permitted maximum axle weight. The 46.11 additional cost is equal to the product of the distance traveled 46.12 times the sum of the overweight axle group cost factors shown in 46.13 the following chart: 46.14 Overweight Axle Group Cost Factors 46.15 Weight (pounds) Cost Per Mile For Each Group Of: 46.16 exceeding Two consec- Three consec- Four consec- 46.17 weight utive axles utive axles utive axles 46.18 limitations spaced within spaced within spaced within 46.19 on axles 8 feet or less 9 feet or less 14 feet or less 46.20 0-2,000 .12 .05 .04 46.21 2,001-4,000 .14 .06 .05 46.22 4,001-6,000 .18 .07 .06 46.23 6,001-8,000 .21 .09 .07 46.24 8,001-10,000 .26 .10 .08 46.25 10,001-12,000 .30 .12 .09 46.26 12,001-14,000 Not permitted .14 .11 46.27 14,001-16,000 Not permitted .17 .12 46.28 16,001-18,000 Not permitted .19 .15 46.29 18,001-20,000 Not permitted Not permitted .16 46.30 20,001-22,000 Not permitted Not permitted .20 46.31 The amounts added are rounded to the nearest cent for each axle 46.32 or axle group. The additional cost does not apply to paragraph 46.33 (c), clauses (1) and (3). 46.34 For a vehicle found to exceed the appropriate maximum permitted 46.35 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 46.36 a ton, over the permitted maximum weight is imposed in addition 47.1 to the normal permit fee. Miles must be calculated based on the 47.2 distance already traveled in the state plus the distance from 47.3 the point of detection to a transportation loading site or 47.4 unloading site within the state or to the point of exit from the 47.5 state. 47.6 (f) As an alternative to paragraph (e), an annual permit 47.7 may be issued for overweight, or oversize and overweight, 47.8 construction equipment, machinery, and supplies. The fees for 47.9 the permit are as follows: 47.10 Gross Weight (pounds) of Vehicle Annual Permit Fee 47.11 90,000 or less $200 47.12 90,001 - 100,000 $300 47.13 100,001 - 110,000 $400 47.14 110,001 - 120,000 $500 47.15 120,001 - 130,000 $600 47.16 130,001 - 140,000 $700 47.17 140,001 - 145,000 $800 47.18 If the gross weight of the vehicle is more than 145,000 pounds 47.19 the permit fee is determined under paragraph (e). 47.20 (g) For vehicles which exceed the width limitations set 47.21 forth in section 169.80 by more than 72 inches, an additional 47.22 cost equal to $120 added to the amount in paragraph (a) when the 47.23 permit is issued while seasonal load restrictions pursuant to 47.24 section 169.87 are in effect. 47.25 (h) $85 for an annual permit to be issued for a period not 47.26 to exceed 12 months, for refuse-compactor vehicles that carry a 47.27 gross weight of not more than: 22,000 pounds on a single rear 47.28 axle; 38,000 pounds on a tandem rear axle; or, subject to 47.29 section 169.828, subdivision 2, 46,000 pounds on a tridem rear 47.30 axle. A permit issued for up to 46,000 pounds on a tridem rear 47.31 axle must limit the gross vehicle weight to not more than 62,000 47.32 pounds. 47.33 (i) For vehicles exclusively transporting implements of 47.34 husbandry, an annual permit fee of $24. A vehicle operated 47.35 under a permit authorized by this paragraph may be moved at the 47.36 discretion of the permit holder without prior route approval by 48.1 the commissioner if: 48.2 (1) the total width of the transporting vehicle, including 48.3 load, does not exceed 14 feet; 48.4 (2) the vehicle is operated only between sunrise and 30 48.5 minutes after sunset, and is not operated at any time after 48.6 12:00 noon on Sundays or holidays; 48.7 (3) the vehicle is not operated when visibility is impaired 48.8 by weather, fog, or other conditions that render persons and 48.9 other vehicles not clearly visible at 500 feet; 48.10 (4) the vehicle displays at the front and rear of the load 48.11 or vehicle a pair of flashing amber lights, as provided in 48.12 section 169.59, subdivision 4, whenever the overall width of the 48.13 vehicle exceeds 126 inches; and 48.14 (5) the vehicle is not operated on a trunk highway with a 48.15 surfaced roadway width of less than 24 feet unless such 48.16 operation is authorized by the permit. 48.17 A permit under this paragraph authorizes movements of the 48.18 permitted vehicle on an interstate highway, and movements of 75 48.19 miles or more on other highways. 48.20 Sec. 38. Minnesota Statutes 2002, section 171.02, 48.21 subdivision 2a, is amended to read: 48.22 Subd. 2a. [EXCEPTIONS.] (a) Notwithstanding subdivision 2, 48.23 (1) a hazardous materials endorsement is not required to operate 48.24 a vehicle having a gross vehicle weight of 26,000 pounds or less 48.25 while carrying in bulk tanks a total of not more than 200 48.26 gallons of petroleum products and (2) a class C license or 48.27 hazardous materials endorsement is not required to operate a 48.28 farm vehicle as defined in Code of Federal Regulations, title 48.29 49, section 390.5, having a gross vehicle weight of 26,000 48.30 pounds or less while carrying in bulk tanks a total of not more 48.31 than 1,500 gallons of liquid fertilizer. 48.32 (b) Notwithstanding subdivision 2, paragraph (c), the 48.33 holder of a class D driver's license, without a school bus 48.34 endorsement, may operate a type A school bus described in 48.35 subdivision 2, paragraph (b), under the following conditions: 48.36 (1) The operator is an employee of the entity that owns, 49.1 leases, or contracts for the school bus and is not solely hired 49.2 to provide transportation services under this paragraph. 49.3 (2) The operator drives the school bus only from points of 49.4 origin to points of destination, not including home-to-school 49.5 trips to pick up or drop off students. 49.6 (3) The operator is prohibited from using the eight-light 49.7 system. Violation of this clause is a misdemeanor. 49.8 (4) The operator's employer has adopted and implemented a 49.9 policy that provides for annual training and certification of 49.10 the operator in: 49.11 (i) safe operation of the type of school bus the operator 49.12 will be driving; 49.13 (ii) understanding student behavior, including issues 49.14 relating to students with disabilities; 49.15 (iii) encouraging orderly conduct of students on the bus 49.16 and handling incidents of misconduct appropriately; 49.17 (iv) knowing and understanding relevant laws, rules of the 49.18 road, and local school bus safety policies; 49.19 (v) handling emergency situations; and 49.20 (vi) safe loading and unloading of students. 49.21 (5) A background check or background investigation of the 49.22 operator has been conducted that meets the requirements under 49.23 section 122A.18, subdivision 8, or 123B.03 for teachers; section 49.24 144.057 or 245A.04 for day care employees; or section 171.321, 49.25 subdivision 3, for all other persons operating a type A school 49.26 bus under this paragraph. 49.27 (6) Operators shall submit to a physical examination as 49.28 required by section 171.321, subdivision 2. 49.29 (7) The operator's driver's license is verified annually by 49.30 the entity that owns, leases, or contracts for the school bus. 49.31 (8) A person who sustains a conviction, as defined under 49.32 section 609.02, of violating section 169A.25, 169A.26, 169A.27, 49.33 169A.31, 169A.51, or 169A.52, or a similar statute or ordinance 49.34 of another state is precluded from operating a school bus for 49.35 five years from the date of conviction. 49.36 (9) A person who has ever been convicted of a disqualifying 50.1 offense as defined in section 171.3215, subdivision 1, paragraph 50.2 (c), may not operate a school bus under this paragraph. 50.3 (10) A person who sustains a conviction, as defined under 50.4 section 609.02, of a fourth moving offense in violation of 50.5 chapter 169 is precluded from operating a school bus for one 50.6 year from the date of the last conviction. 50.7 (10)(11) Students riding the school bus must have training 50.8 required under section 123B.90, subdivision 2. 50.9 (11)(12) An operator must be trained in the proper use of 50.10 child safety restraints as set forth in the National Highway 50.11 Traffic Safety Administration's "Guideline for the Safe 50.12 Transportation of Pre-school Age Children in School Buses." 50.13 (12)(13) Annual certification of the requirements listed 50.14 in this paragraph must be maintained under separate file at the 50.15 business location for each operator licensed under this 50.16 paragraph and subdivision 2, paragraph (b), clause (5). The 50.17 business manager, school board, governing body of a nonpublic 50.18 school, or any other entity that owns, leases, or contracts for 50.19 the school bus operating under this paragraph is responsible for 50.20 maintaining these files for inspection. 50.21 (13)(14) The school bus must bear a current certificate of 50.22 inspection issued under section 169.451. 50.23 (14)(15) The word "School" on the front and rear of the 50.24 bus must be covered by a sign that reads "Activities" when the 50.25 bus is being operated under authority of this paragraph. 50.26 [EFFECTIVE DATE.] This section is effective August 1, 2003. 50.27 Sec. 39. Minnesota Statutes 2002, section 171.20, 50.28 subdivision 4, is amended to read: 50.29 Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is 50.30 reinstated, (1) a person whose driver's license has been 50.31 suspended under section 171.16, subdivision 2; 171.18, except 50.32 subdivision 1, clause (10); or 171.182, or who has been 50.33 disqualified from holding a commercial driver's license under 50.34 section 171.165, and (2) a person whose driver's license has 50.35 been suspended under section 171.186 and who is not exempt from 50.36 such a fee, must pay a fee of $20. 51.1 (b) Before the license is reinstated, a person whose 51.2 license has been suspended or revoked under sections 169.791 to 51.3 169.798 must pay a $20 reinstatement fee. 51.4 (c) When fees are collected by a licensing agent appointed 51.5 under section 171.061, a handling charge is imposed in the 51.6 amount specified under section 171.061, subdivision 4. The 51.7 reinstatement fee and surcharge must be deposited in an approved 51.8 state depository as directed under section 171.061, subdivision 51.9 4. 51.10 (d) A suspension may be rescinded without fee for good 51.11 cause. 51.12 Sec. 40. Minnesota Statutes 2002, section 171.29, 51.13 subdivision 2, is amended to read: 51.14 Subd. 2. [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.] 51.15 (a) A person whose driver's license has been revoked as provided 51.16 in subdivision 1, except under section 169A.52, 169A.54, or 51.17 609.21, shall pay a $30 fee before the driver's license is 51.18 reinstated. 51.19 (b) A person whose driver's license has been revoked as 51.20 provided in subdivision 1 under section 169A.52, 169A.54, or 51.21 609.21, shall pay a $250 fee plus a $40 surcharge before the 51.22 driver's license is reinstated. Beginning July 1, 2002, the 51.23 surcharge is $145. Beginning July 1, 2003, the surcharge is 51.24 $380$430. The $250 fee is to be credited as follows: 51.25 (1) Twenty percent must be credited to the trunk highway 51.26 fund. 51.27 (2) Sixty-seven percent must be credited to the general 51.28 fund. 51.29 (3) Eight percent must be credited to a separate account to 51.30 be known as the bureau of criminal apprehension account. Money 51.31 in this account may be appropriated to the commissioner of 51.32 public safety and the appropriated amount must be apportioned 80 51.33 percent for laboratory costs and 20 percent for carrying out the 51.34 provisions of section 299C.065. 51.35 (4) Five percent must be credited to a separate account to 51.36 be known as the vehicle forfeiture account, which is created in 52.1 the special revenue fund. The money in the account is annually 52.2 appropriated to the commissioner for costs of handling vehicle 52.3 forfeitures. 52.4 (c) The revenue from $50 of each surcharge must be credited 52.5 to a separate account to be known as the traumatic brain injury 52.6 and spinal cord injury account. The money in the account is 52.7 annually appropriated to the commissioner of health to be used 52.8 as follows: 35 percent for a contract with a83 percent for 52.9 contracts with a qualified community-based organization to 52.10 provide information, resources, and support to assist persons 52.11 with traumatic brain injury and their families to access 52.12 services, and 6517 percent to maintain the traumatic brain 52.13 injury and spinal cord injury registry created in section 52.14 144.662. For the purposes of this clause, a "qualified 52.15 community-based organization" is a private, not-for-profit 52.16 organization of consumers of traumatic brain injury services and 52.17 their family members. The organization must be registered with 52.18 the United States Internal Revenue Service under section 52.19 501(c)(3) as a tax-exempt organization and must have as its 52.20 purposes: 52.21 (i) the promotion of public, family, survivor, and 52.22 professional awareness of the incidence and consequences of 52.23 traumatic brain injury; 52.24 (ii) the provision of a network of support for persons with 52.25 traumatic brain injury, their families, and friends; 52.26 (iii) the development and support of programs and services 52.27 to prevent traumatic brain injury; 52.28 (iv) the establishment of education programs for persons 52.29 with traumatic brain injury; and 52.30 (v) the empowerment of persons with traumatic brain injury 52.31 through participation in its governance. 52.32 No patient's name, identifying information, or identifiable 52.33 medical data will be disclosed to the organization without the 52.34 informed voluntary written consent of the patient or patient's 52.35 guardian or, if the patient is a minor, of the parent or 52.36 guardian of the patient. 53.1 (c)(d) The remainder of the surcharge must be credited to 53.2 a separate account to be known as the remote electronic 53.3 alcohol-monitoring program account. The commissioner shall 53.4 transfer the balance of this account to the commissioner of 53.5 finance on a monthly basis for deposit in the general fund. 53.6 (d)(e) When these fees are collected by a licensing agent, 53.7 appointed under section 171.061, a handling charge is imposed in 53.8 the amount specified under section 171.061, subdivision 4. The 53.9 reinstatement fees and surcharge must be deposited in an 53.10 approved state depository as directed under section 171.061, 53.11 subdivision 4. 53.12 Sec. 41. Minnesota Statutes 2002, section 174.03, is 53.13 amended by adding a subdivision to read: 53.14 Subd. 9. [FORECAST OF REVENUES AND EXPENDITURES.] In 53.15 cooperation with the department of finance and as required by 53.16 section 16A.103, the commissioner shall prepare in February and 53.17 November of each year a forecast of highway user tax 53.18 distribution fund and trunk highway fund revenues and 53.19 expenditures. The forecast must include an analysis of economic 53.20 information and the potential impact on highway user fund 53.21 revenues, historical growth rate information, and other 53.22 variables affecting revenue assumptions and forecasted future 53.23 growth rates. The forecast must include an analysis of trunk 53.24 highway bonding and the necessary debt service payments, and 53.25 assumptions regarding federal transportation funds. The 53.26 commissioner shall review the forecast information with the 53.27 chairs of the senate and house of representatives committees 53.28 with jurisdiction over finance, way and means, and 53.29 transportation finance and with legislative fiscal staff no 53.30 later than two weeks before the forecast is released and shall 53.31 inform the chairs and staff of changes made from previous 53.32 forecasts. 53.33 Sec. 42. Minnesota Statutes 2002, section 174.24, 53.34 subdivision 1, is amended to read: 53.35 Subdivision 1. [ESTABLISHMENT; PURPOSE.] A public transit 53.36 participation program is established to carry out the objectives 54.1 stated in section 174.21 by providing financial assistance from 54.2 the state, including the greater Minnesota transit fund 54.3 established in section 16A.88, to eligible recipients outside of 54.4 the metropolitan area. 54.5 Sec. 43. Minnesota Statutes 2002, section 174.24, 54.6 subdivision 3b, is amended to read: 54.7 Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner 54.8 shall determine the total operating cost of any public transit 54.9 system receiving or applying for assistance in accordance with 54.10 generally accepted accounting principles. To be eligible for 54.11 financial assistance, an applicant or recipient shall provide to 54.12 the commissioner all financial records and other information and 54.13 shall permit any inspection reasonably necessary to determine 54.14 total operating cost and correspondingly the amount of 54.15 assistance whichthat may be paid to the applicant or recipient. 54.16 Where more than one county or municipality contributes 54.17 assistance to the operation of a public transit system, the 54.18 commissioner shall identify one as lead agency for the purpose 54.19 of receiving money under this section. 54.20 (b) Prior to distributing operating assistance to eligible 54.21 recipients for any contract period, the commissioner shall place 54.22 all recipients into one of the following classifications: 54.23 urbanized area service, small urban area service, rural area 54.24 service, and elderly and handicapped service. The commissioner 54.25 shall distribute funds under this section so that the percentage 54.26 of total operating cost paid by any recipient from local sources 54.27 will not exceed the percentage for that recipient's 54.28 classification, except as provided in an undue hardship case. 54.29 The percentages must be: for urbanized area service and small 54.30 urban area service, 4020 percent; for rural area service, 3515 54.31 percent; and for elderly and handicapped service, 3515 percent. 54.32 The remainder of the total operating cost will be paid from 54.33 state funds less any assistance received by the recipient from 54.34 any federal source. For purposes of this subdivision "local 54.35 sources" means payments under section 174.242 plusall local 54.36 sources of funds and includes all operating revenue, tax levies, 55.1 and contributions from public funds, except that the 55.2 commissioner may exclude from the total assistance contract 55.3 revenues derived from operations the cost of which is excluded 55.4 from the computation of total operating cost. Total operating 55.5 costs of the Duluth transit authority or a successor agency 55.6 shalldoes not include costs related to the Superior, Wisconsin 55.7 service contract and the independent school district No. 709 55.8 service contract. For calendar years 2004 and 2005, to enable 55.9 public transit systems to meet the provisions of this section 55.10 the commissioner may adjust payments of financial assistance to 55.11 recipients that were under a contract with the department on 55.12 January 1, 2003. Payments to such a recipient in calendar years 55.13 2004 and 2005 from the greater Minnesota transit fund, may not 55.14 be less than the payment to the recipient from that fund in 55.15 calendar year 2003, except for reductions made necessary by 55.16 reductions in base funding for those years. 55.17 (c) If a recipient informs the commissioner in writing 55.18 after the establishment of these percentages but prior to the 55.19 distribution of financial assistance for any year that paying 55.20 its designated percentage of total operating cost from local 55.21 sources will cause undue hardship, the commissioner may reduce 55.22 the percentage to be paid from local sources by the recipient 55.23 and increase the percentage to be paid from local sources by one 55.24 or more other recipients inside or outside the classification ,55.25 provided that no recipient shall have its. However, the 55.26 commissioner may not reduce or increase any recipient's 55.27 percentage thus reduced or increasedunder this paragraph for 55.28 more than two years successively. If for any year the funds 55.29 appropriated to the commissioner to carry out the purposes of 55.30 this section are insufficient to allow the commissioner to pay 55.31 the state share of total operating cost as provided in this 55.32 paragraph, the commissioner shall reduce the state share in each 55.33 classification to the extent necessary. 55.34 Sec. 44. Minnesota Statutes 2002, section 174.24, 55.35 subdivision 5, is amended to read: 55.36 Subd. 5. [METHOD OF PAYMENT, OPERATING ASSISTANCE.] 56.1 Payments for operating assistance under this section shallmust 56.2 be made in the following manner: 56.3 (a) For payments made from the general fund: 56.4 (1) 50 percent of the total contract amount in the first 56.5 month of operation; 56.6 (2) 40 percent of the total contract amount in the seventh 56.7 month of operation; 56.8 (3) 9 percent of the total contract amount in the 12th 56.9 month of operation; and 56.10 (4) 1 percent of the total contract amount after the final 56.11 audit. 56.12 (b) For payments made from the greater Minnesota transit 56.13 fund: 56.14 (1) 50 percent of the total contract amount in the seventh 56.15 month of operation; and 56.16 (2) 50 percent of the total contract amount in the 11th 56.17 month of operation. 56.18 Sec. 45. Minnesota Statutes 2002, section 174.55, 56.19 subdivision 2, is amended to read: 56.20 Subd. 2. [COMPOSITION.] The major transportation projects 56.21 commission is composed of the governor or the governor's 56.22 designee; four citizen members appointed by the governor and 56.23 serving at the pleasure of the governor; seven senators 56.24 appointed by the subcommittee on committees of the committee on 56.25 rules and administration, three of whom must not be members of 56.26 the senate majority party; and seven members of the house of 56.27 representatives appointed by the speaker, three of whom must not 56.28 be members of the house majority party. The commissioner of 56.29 transportation shall serve as a nonvoting member unless the 56.30 commissioner is the governor's designee. The commission shall 56.31 elect a chair from among its members. Nongovernment members of 56.32 the commission shall receive compensation in accordance with 56.33 section 15.059, subdivision 3. The commission expires June 30, 56.34 2003. 56.35 Sec. 46. Minnesota Statutes 2002, section 174.64, 56.36 subdivision 4, is amended to read: 57.1 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters 57.2 within the commissioner's jurisdiction, the commissioner shall 57.3 receive, hear, and determine all petitions filed with the 57.4 commissioner in accordance with the procedures established by 57.5 law and may hold hearings and make determinations upon the 57.6 commissioner's own motion to the same extent, and in every 57.7 instance, in which the commissioner may do so upon petition. 57.8 Upon receiving petitionsa petition filed pursuant to sections57.9 section 221.121, subdivision 1, or 221.151, and 221.55,the 57.10 commissioner shall give notice of the filing of the petition to 57.11 representatives of associations or other interested groups or 57.12 persons who have registered their names with the commissioner 57.13 for that purpose and to whomever the commissioner deems to be 57.14 interested in the petition. The commissioner may grant or deny 57.15 the request of the petition 30 days after notice of the filing 57.16 has been fully given. If the commissioner receives a written 57.17 objection and notice of intent to appear at a hearing to object 57.18 to the petition from any person within 20 days of the notice 57.19 having been fully given, the request of the petition must be 57.20 granted or denied only after a contested case hearing has been 57.21 conducted on the petition, unless the objection is withdrawn 57.22 before the hearing. The commissioner may elect to hold a 57.23 contested case hearing if no objections to the petition are 57.24 received. If a timely objection is not received, or if received 57.25 and withdrawn, and the request of the petition is denied without 57.26 hearing, the petitioner may request within 30 days of receiving 57.27 the notice of denial, and must be granted, a contested case 57.28 hearing on the petition. 57.29 Sec. 47. Minnesota Statutes 2002, section 275.71, 57.30 subdivision 5, is amended to read: 57.31 Subd. 5. [PROPERTY TAX LEVY LIMIT.] Notwithstanding any 57.32 other provision of a municipal charter which limits ad valorem 57.33 taxes to a lesser amount, or which would require a separate 57.34 voter approval for any increase, for taxes levied in 2001 and 57.35 2002, the property tax levy limit for a local governmental unit 57.36 is equal to its adjusted levy limit base determined under 58.1 subdivision 4 plus any additional levy authorized under section 58.2 275.73, which is levied against net tax capacity, reduced by the 58.3 sum of (i) the total amount of aids and reimbursements that the 58.4 local governmental unit is certified to receive under sections 58.5 477A.011 to 477A.014, except for the increases in city aid bases 58.6 in calendar year 2002 under section 477A.011, subdivision 36, 58.7 paragraphs (n), (p), and (q), (ii) homestead and agricultural 58.8 aids it is certified to receive under section 273.1398, (iii) 58.9 taconite aids under sections 298.28 and 298.282 including any 58.10 aid which was required to be placed in a special fund for 58.11 expenditure in the next succeeding year, and (iv) low-income 58.12 housing aid under sections 477A.06 and 477A.065 , and (v)58.13 property tax replacement aids under section 174.242. 58.14 Sec. 48. Minnesota Statutes 2002, section 297B.09, 58.15 subdivision 1, is amended to read: 58.16 Subdivision 1. [DEPOSIT OF REVENUES.] (a) Money collected 58.17 and received under this chapter must be deposited as provided in 58.18 this subdivision. 58.19 (b) From July 1, 2001, to June 30, 2002, 30.86 percent of58.20 the money collected and received must be deposited in the58.21 highway user tax distribution fund, and the remaining money must58.22 be deposited in the general fund.58.23 (c) On and afterFrom July 1, 2002, to June 30, 2003, 32 58.24 percent of the money collected and received must be deposited in 58.25 the highway user tax distribution fund, 20.5 percent must be 58.26 deposited in the metropolitan area transit fund under section 58.27 16A.88, and 1.25 percent must be deposited in the greater 58.28 Minnesota transit fund under section 16A.88. In fiscal year58.29 2004 and thereafter, two percent of the money collected and58.30 received must be deposited in the metropolitan area transit58.31 appropriation account under section 16A.88.The remaining money 58.32 must be deposited in the general fund. 58.33 (c) From July 1, 2003, to June 30, 2007, 30 percent of the 58.34 money collected and received must be deposited in the highway 58.35 user tax distribution fund, 21.5 percent must be deposited in 58.36 the metropolitan area transit fund under section 16A.88, 1.43 59.1 percent must be deposited in the greater Minnesota transit fund 59.2 under section 16A.88, 0.65 percent must be deposited in the 59.3 county state-aid highway fund, and 0.17 percent must be 59.4 deposited in the municipal state-aid street fund. The remaining 59.5 money must be deposited in the general fund. 59.6 (d) On and after July 1, 2007, 32 percent of the money 59.7 collected and received must be deposited in the highway user tax 59.8 distribution fund, 20.5 percent must be deposited in the 59.9 metropolitan area transit fund under section 16A.88, and 1.25 59.10 percent must be deposited in the greater Minnesota transit fund 59.11 under section 16A.88. The remaining money must be deposited in 59.12 the general fund. 59.13 Sec. 49. Minnesota Statutes 2002, section 299A.465, 59.14 subdivision 4, is amended to read: 59.15 Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public 59.16 employer subject to this section may annually apply by August 1 59.17 for the preceding fiscal year to the commissioner of public 59.18 safety for reimbursement to help defray a portion of its costs 59.19 of complying with this section. The commissioner shall provide 59.20 reimbursementan equal pro rata share to the public employer out 59.21 of the public safety officer's benefit account based on the 59.22 availability of funds for each eligible officer, firefighter, 59.23 and qualifying dependents. Individual shares must not exceed 59.24 the actual costs of providing coverage under this section by a 59.25 public employer. 59.26 Sec. 50. [299A.77] [ALCOHOL ENFORCEMENT ACCOUNT.] 59.27 (a) An alcohol enforcement account is created in the 59.28 special revenue fund, consisting of money credited to the 59.29 account by law. Money in the account may be appropriated by law 59.30 for (1) costs of the alcohol and gambling division related to 59.31 administration and enforcement of sections 340A.403, subdivision 59.32 4; 340A.414, subdivision 1a; and 340A.504, subdivision 7; and 59.33 (2) costs of the state patrol. 59.34 (b) The commissioner shall transfer from the account to the 59.35 trunk highway fund $3,500,000 in fiscal year 2004 and $3,700,000 59.36 in fiscal year 2005, or so much thereof as is necessary to pay 60.1 costs of adding state patrol positions. 60.2 Sec. 51. [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES; 60.3 GENERAL.] 60.4 Subdivision 1. [DEFINITIONS.] (a) For purposes of sections 60.5 299A.80 to 299A.802, the terms defined in this subdivision have 60.6 the meanings given them. 60.7 (b) "Administrative agent" means a person or entity 60.8 licensed by or granted authority by the commissioner of public 60.9 safety under: 60.10 (1) section 168.33 as a deputy registrar; 60.11 (2) section 168C.11 as a deputy registrar of bicycles; or 60.12 (3) section 171.061 as a driver's license agent. 60.13 (c) "Other authority" means licenses, orders, stipulation 60.14 agreements, settlements, or compliance agreements adopted or 60.15 issued by the commissioner of public safety. 60.16 (d) "Commissioner" means the commissioner of public safety. 60.17 (e) "License" means a license, permit, registration, 60.18 appointment, or certificate issued or granted to an 60.19 administrative agent by the commissioner of public safety. 60.20 Subd. 2. [APPLICABILITY.] Sections 299A.80 to 299A.802 60.21 apply to administrative agents licensed by or subject to other 60.22 authority of the commissioner. 60.23 Subd. 3. [CUMULATIVE REMEDY.] The authority of the 60.24 commissioner to issue a corrective order or assess an 60.25 administrative penalty under sections 299A.80 to 299A.802 is in 60.26 addition to other remedies available under statutory or common 60.27 law, except that the state may not seek a civil penalty under 60.28 any other law for a violation covered by an administrative 60.29 penalty order. The payment of a penalty does not preclude the 60.30 use of other enforcement provisions, under which civil fines are 60.31 not assessed, in connection with the violation for which the 60.32 penalty was assessed. 60.33 Subd. 4. [ACCESS TO INFORMATION AND PROPERTY.] The 60.34 commissioner, an employee, or an agent authorized by the 60.35 commissioner, upon presentation of credentials, may: 60.36 (1) examine and copy any books, papers, records, memoranda, 61.1 or data of an administrative agent; and 61.2 (2) enter upon any property where an administrative agent 61.3 conducts its place of business to take actions authorized under 61.4 statute, rule, or other authority, including (i) obtaining 61.5 information from an administrative agent who has a duty to 61.6 provide information under statute, rule, or other authority, (ii) 61.7 taking steps to remedy violations, or (iii) conducting surveys 61.8 or investigations. 61.9 Subd. 5. [FALSE INFORMATION.] (a) An administrative agent 61.10 may not: 61.11 (1) make a false material statement, representation, or 61.12 certification in a required document; 61.13 (2) omit material information from a required document; or 61.14 (3) alter, conceal, or fail to file or maintain a required 61.15 document. 61.16 (b) In this section, "required document" means a notice, 61.17 application, record, report, plan, or other document required 61.18 under statute, rule, or other authority. 61.19 Subd. 6. [ENFORCEMENT.] (a) The attorney general may 61.20 proceed on behalf of the state to enforce administrative 61.21 penalties that are due and payable under section 299A.802 in any 61.22 manner provided by law for the collection of debts. 61.23 (b) The attorney general may petition the district court to 61.24 file a final administrative penalty order as an order of the 61.25 court. At any court hearing to enforce a final administrative 61.26 penalty order, the only issues the parties may contest are 61.27 procedural and notice issues. Once entered, the administrative 61.28 penalty order may be enforced in the same manner as a final 61.29 judgment of the district court. This paragraph does not 61.30 preclude district court review of the merits of an 61.31 administrative penalty order if the order is appealed by the 61.32 administrative agent under section 299A.802, subdivision 5. 61.33 (c) If an administrative agent fails to pay an 61.34 administrative penalty, the attorney general may bring a civil 61.35 action in district court seeking payment of the penalty, 61.36 injunctive relief, or other appropriate relief including 62.1 monetary damages, attorney fees, costs, and interest. 62.2 Subd. 7. [RECOVERY OF REASONABLE COSTS AND ATTORNEY 62.3 FEES.] (a) In any judicial action brought by the attorney 62.4 general for civil penalties, injunctive relief, or an action to 62.5 compel performance pursuant to this section, if the state 62.6 finally prevails, and if the proven violation was willful, the 62.7 state, in addition to other penalties provided by law, may be 62.8 allowed an amount determined by the court to be the reasonable 62.9 value of all or part of the costs and attorney fees incurred by 62.10 the state or the prevailing party. In determining the amount of 62.11 the reasonable costs and attorney fees to be allowed, the court 62.12 must give consideration to the economic circumstances of the 62.13 defendant. 62.14 (b) However, if a defendant prevails, the court may award 62.15 the reasonable value of all or part of the reasonable costs and 62.16 attorney fees incurred by the defendant. 62.17 Subd. 8. [EDUCATION AND COMPLIANCE ACCOUNT; MONEY 62.18 ALLOCATED.] An education and compliance account is created for 62.19 the deposit of administrative penalty order receipts. Of the 62.20 funds deposited in this account, $5,000 each year is 62.21 appropriated to the commissioner for education and compliance 62.22 activities related to the regulated parties affected by this 62.23 chapter. At the end of each biennium, all money not expended 62.24 lapses to the general fund. 62.25 Subd. 9. [PLAN FOR USING ADMINISTRATIVE PENALTIES AND 62.26 CEASE AND DESIST AUTHORITY.] The commissioner shall prepare a 62.27 plan for using the administrative penalty order and cease and 62.28 desist authority in this section. The commissioner shall 62.29 provide a 30-day period for public comment on the plan. The 62.30 plan must be finalized by July 1, 2004, and may be modified as 62.31 necessary upon subsequent notice and opportunity for comment. 62.32 Sec. 52. [299A.801] [CORRECTIVE ORDERS AND INJUNCTIONS.] 62.33 Subdivision 1. [CORRECTIVE ORDERS.] (a) Before seeking an 62.34 administrative penalty order under section 299A.802, the 62.35 commissioner must issue a corrective order that requires the 62.36 administrative agent to correct the violation of statute, rule, 63.1 or other authority. The corrective order must state the 63.2 deficiencies that constitute the violation of the specific 63.3 statute, rule, or other authority, and the time by which the 63.4 violation must be corrected. In addition to service by 63.5 certified mail on the administrative agent, a copy of the 63.6 corrective order must be given to the county auditor in the 63.7 county where the administrative agent is located. 63.8 (b) The administrative agent to whom the corrective order 63.9 was issued shall provide information to the commissioner, by the 63.10 due date stated in the corrective order, demonstrating that the 63.11 violation has been corrected or that the administrative agent 63.12 has developed a corrective plan acceptable to the commissioner. 63.13 The commissioner must determine whether the violation has been 63.14 corrected and notify the administrative agent subject to the 63.15 order of the commissioner's determination. 63.16 (c) If the administrative agent believes that the 63.17 information contained in the commissioner's corrective order is 63.18 in error, the administrative agent may ask the commissioner to 63.19 reconsider the parts of the corrective order that are alleged to 63.20 be in error. The request must: 63.21 (1) be in writing; 63.22 (2) be delivered to the commissioner by certified mail 63.23 within seven calendar days after receipt of the corrective 63.24 order; 63.25 (3) specify which parts of the corrective order are alleged 63.26 to be in error and explain why they are in error; and 63.27 (4) provide documentation to support the allegation of 63.28 error. 63.29 (d) The commissioner shall respond to requests made under 63.30 paragraph (c) within 15 calendar days after receiving a 63.31 request. A request for reconsideration does not stay the 63.32 corrective order; however, after reviewing the request for 63.33 reconsideration, the commissioner may provide additional time to 63.34 comply with the order if necessary. The commissioner's 63.35 disposition of a request for reconsideration of a corrective 63.36 order is final. 64.1 Subd. 2. [CEASE AND DESIST ORDER.] The commissioner, or an 64.2 employee of the department designated by the commissioner, may 64.3 issue an order to cease an activity otherwise authorized by 64.4 statute, rule, or other authority if continuation of the 64.5 activity would result in an immediate risk to public safety. A 64.6 cease and desist order issued under this subdivision is 64.7 effective for a maximum of 72 hours. In conjunction with 64.8 issuing the cease and desist order, the commissioner may post a 64.9 sign to cease an activity until the cease and desist order is 64.10 lifted and the sign is removed by the commissioner. To restrain 64.11 activities for a period beyond 72 hours, the commissioner must 64.12 seek an injunction or take other administrative action 64.13 authorized by law. The issuance of a cease and desist order 64.14 does not preclude the commissioner from pursuing any other 64.15 enforcement action available to the commissioner. 64.16 Subd. 3. [ACTION FOR INJUNCTIVE RELIEF.] In addition to 64.17 any other remedy provided by law, the commissioner may bring an 64.18 action for injunctive relief in the district court in Ramsey 64.19 county or, at the commissioner's discretion, in the district 64.20 court in the county in which a violation of a statute, rule, or 64.21 other authority has occurred to enjoin the violation. 64.22 Sec. 53. [299A.802] [ADMINISTRATIVE PENALTY ORDERS.] 64.23 Subdivision 1. [GENERAL.] The commissioner may issue an 64.24 administrative penalty order for a violation of statute, rule, 64.25 or other authority if an administrative agent has failed to 64.26 comply with a corrective order issued under section 299A.801 64.27 related to that violation. The maximum amount of an 64.28 administrative penalty order is $10,000 for each administrative 64.29 agent for all violations identified in an inspection or review 64.30 of compliance. In addition to service by certified mail on the 64.31 administrative agent, a copy of the administrative penalty order 64.32 must be given to the county auditor in the county where the 64.33 administrative agent is located. 64.34 Subd. 2. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 64.35 determining the amount of a penalty to be assessed under this 64.36 section, the commissioner may consider: 65.1 (1) the willfulness of the violation; 65.2 (2) the gravity of the violation, including damage to 65.3 consumers or the state; 65.4 (3) the history of past violations; 65.5 (4) the number of violations; 65.6 (5) the economic benefit gained by the administrative agent 65.7 by allowing or committing the violation; and 65.8 (6) other factors as justice may require, if the 65.9 commissioner specifically identifies the additional factors in 65.10 the commissioner's order. 65.11 (b) If an administrative agent violates a corrective order 65.12 after a violation of a previous corrective order, the 65.13 commissioner, in determining the amount of a penalty, must 65.14 consider the factors in paragraph (a) and the following factors: 65.15 (1) similarity of the most recent previous violation of a 65.16 corrective order and the violation to be penalized; 65.17 (2) time elapsed since the last violation of a corrective 65.18 order; 65.19 (3) number of previous violations; and 65.20 (4) response of the administrative agent to the most recent 65.21 previous violation identified. 65.22 Subd. 3. [CONTENTS OF ORDER.] An administrative penalty 65.23 order under this section must include: 65.24 (1) a concise statement of the facts alleged to constitute 65.25 a violation; 65.26 (2) a reference to the portion of the statute, rule, 65.27 variance, order, or stipulation agreement or the term or 65.28 condition of a permit that has been violated; 65.29 (3) a description of the violation of the corrective order 65.30 that forms the basis for issuance of the administrative penalty 65.31 order; 65.32 (4) a statement of the amount of the administrative penalty 65.33 to be imposed and the factors upon which the penalty is based; 65.34 and 65.35 (5) a statement of the administrative agent's right to 65.36 review and appeal of the administrative penalty order. 66.1 Subd. 4. [DUE DATE.] (a) Unless the administrative agent 66.2 requests review of the administrative penalty order under 66.3 subdivision 5 before the penalty is due, the penalty in the 66.4 order is due and payable on the 31st day after the 66.5 administrative penalty order was received, if the administrative 66.6 agent subject to the order fails to provide information to the 66.7 commissioner showing that the violation has been corrected or 66.8 that appropriate steps have been taken toward correcting the 66.9 violation. These requirements may be waived or extended by the 66.10 commissioner. 66.11 (b) Interest at the rate established in section 549.09 66.12 begins to accrue on penalties under this subdivision on the 31st 66.13 day after the order with the penalty was received, unless waived 66.14 by the commissioner. 66.15 Subd. 5. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 66.16 days after receiving an administrative penalty order, the 66.17 administrative agent subject to an order under this section may 66.18 request an expedited hearing, using the procedures of Minnesota 66.19 Rules, parts 1400.8510 to 1400.8612, or their successor rules, 66.20 to review the commissioner's action. The hearing request must 66.21 specifically state the reasons for seeking review of the 66.22 administrative penalty order. The administrative agent to whom 66.23 the administrative penalty order is directed and the 66.24 commissioner are the parties to the expedited hearing. At least 66.25 15 days before the hearing, the commissioner shall notify the 66.26 administrative agent to whom the administrative penalty order is 66.27 directed of the time and place of the hearing. The expedited 66.28 hearing must be held within 30 days after a request for hearing 66.29 has been filed with the commissioner unless the parties agree to 66.30 a later date. 66.31 (b) All written arguments must be submitted within ten days 66.32 following the close of the hearing. The hearing must be 66.33 conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 66.34 or their successor rules, as modified by this subdivision. The 66.35 office of administrative hearings, in consultation with the 66.36 agency, may adopt rules specifically applicable to cases under 67.1 this section. 67.2 (c) Within 30 days following the close of the record, the 67.3 administrative law judge shall issue a report making 67.4 recommendations about the commissioner's action to the 67.5 commissioner. The administrative law judge may not recommend a 67.6 change in the amount of the proposed administrative penalty 67.7 unless the administrative law judge determines that, based on 67.8 the factors in subdivision 1, the amount of the administrative 67.9 penalty is unreasonable. 67.10 (d) If the administrative law judge makes a finding that 67.11 the hearing was requested solely for purposes of delay or that 67.12 the hearing request was frivolous, the commissioner may add to 67.13 the amount of the administrative penalty the costs charged to 67.14 the agency by the office of administrative hearings for the 67.15 hearing. 67.16 (e) If a hearing has been held, the commissioner may not 67.17 issue a final order until at least five days after receipt of 67.18 the report of the administrative law judge. Within those five 67.19 days, the administrative agent to whom an administrative penalty 67.20 order is issued may comment to the commissioner on the 67.21 recommendations and the commissioner shall consider the 67.22 comments. The final administrative penalty order may be 67.23 appealed to the district court for a de novo review of the order. 67.24 (f) If a hearing has been held and a final administrative 67.25 penalty order issued by the commissioner, the administrative 67.26 penalty must be paid by 30 days after the date the final order 67.27 is received unless it is appealed to the district court. If an 67.28 appeal is not taken or the administrative penalty order is 67.29 upheld on appeal, the amount due is the administrative penalty, 67.30 together with interest accruing from 31 days after the original 67.31 order was received, at the rate established in section 549.09. 67.32 Subd. 6. [MEDIATION.] In addition to review under 67.33 subdivision 5, the commissioner may enter into mediation 67.34 concerning an order issued under this section if the 67.35 commissioner and the administrative agent to whom the order is 67.36 issued both agree to mediation. 68.1 Sec. 54. Minnesota Statutes 2002, section 299E.01, is 68.2 amended by adding a subdivision to read: 68.3 Subd. 6. [VEHICLE TOWING.] Towing policy and practice for 68.4 vehicles in public parking spaces within the capitol complex 68.5 must conform to provisions of section 169.041. 68.6 Sec. 55. Minnesota Statutes 2002, section 299E.03, 68.7 subdivision 3, is amended to read: 68.8 Subd. 3. [EXPIRATION AND COMPENSATION.] Notwithstanding68.9 section 15.059,The oversight committee does not expireexpires 68.10 June 30, 2004. Committee members may not receive compensation 68.11 for serving, but may receive expense reimbursements as provided 68.12 in section 15.059. 68.13 Sec. 56. [331A.12] [WEB SITE PUBLICATION OF LOCAL 68.14 TRANSPORTATION RFP.] 68.15 Subdivision 1. [DEFINITIONS.] (a) The terms defined in 68.16 this subdivision and section 331A.01 apply to this section. 68.17 (b) "Web site" means a specific, addressable location 68.18 provided on a server connected to the Internet and hosting World 68.19 Wide Web pages and other files that are generally accessible on 68.20 the Internet all or most of the day. 68.21 Subd. 2. [DESIGNATION.] At the meeting of the governing 68.22 body of the local public corporation at which the governing body 68.23 must designate its official newspaper for the year, the 68.24 governing body may designate in the same manner publication of 68.25 transportation projects on the local public corporation's Web 68.26 site. Publication on the Web site may be used in place of or in 68.27 addition to any other required form of publication. Each year 68.28 after designating publication on the Web site for transportation 68.29 projects, the local public corporation must publish in a 68.30 qualified newspaper in the jurisdiction and on the Web site, 68.31 notice that the local public corporation will publish any 68.32 advertisements for bids on its Web site. 68.33 Subd. 3. [FORM, TIME FOR PUBLICATION SAME.] A local public 68.34 corporation that publishes on its Web site under this section 68.35 must post the information in substantially the same format and 68.36 for the same period of time as required for publication in an 69.1 official newspaper or another other print publication. 69.2 Subd. 4. [RECORD RETENTION.] A local public corporation 69.3 that publishes notice on its Web site under this section must 69.4 ensure that a permanent record of publication is maintained in a 69.5 form accessible by the public. 69.6 Sec. 57. Minnesota Statutes 2002, section 340A.403, is 69.7 amended by adding a subdivision to read: 69.8 Subd. 4. [NOTICE TO COMMISSIONER.] Within ten days of the 69.9 issuance of a license under this section, a municipality shall 69.10 inform the commissioner, on a form the commissioner prescribes, 69.11 of the licensee's name and address and trade name, the effective 69.12 date and expiration date of the license, and any other 69.13 information on the license the commissioner requires. 69.14 [EFFECTIVE DATE.] This section is effective July 1, 2003. 69.15 Sec. 58. Minnesota Statutes 2002, section 340A.414, is 69.16 amended by adding a subdivision to read: 69.17 Subd. 1a. [ADDITIONAL AUTHORIZATION.] A holder of a 69.18 consumption and display permit under this section who wishes to 69.19 allow the consumption and display of intoxicating liquor between 69.20 the hours of 1:00 a.m. and 2:00 a.m. must obtain authorization 69.21 to do so from the commissioner. The authorization may be 69.22 provided in a document issued to the permit holder by the 69.23 commissioner, or by a notation on the permit holder's permit. 69.24 Authorizations are valid for one year from the date of 69.25 issuance. The annual fee for obtaining authorization is $200. 69.26 The commissioner shall deposit all fees received under this 69.27 subdivision in the alcohol enforcement account in the special 69.28 revenue fund. A person who holds a consumption and display 69.29 permit and who also holds a license to sell alcoholic beverages 69.30 at on-sale at the same location is not required to obtain an 69.31 authorization under this subdivision. 69.32 [EFFECTIVE DATE.] This section is effective July 1, 2003. 69.33 Sec. 59. Minnesota Statutes 2002, section 340A.504, is 69.34 amended by adding a subdivision to read: 69.35 Subd. 7. [SALES AFTER 1:00 A.M.; PERMIT FEE.] (a) No 69.36 licensee may sell intoxicating liquor or 3.2 percent malt liquor 70.1 on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the 70.2 licensee has obtained a permit from the commissioner. 70.3 Application for the permit must be on a form the commissioner 70.4 prescribes. Permits are effective for one year from date of 70.5 issuance. For retailers of intoxicating liquor, the fee for the 70.6 permit is based on the licensee's gross receipts from on-sales 70.7 of alcoholic beverages in the 12 months prior to the month in 70.8 which the permit is issued, and is at the following rates: 70.9 (1) up to $100,000 in gross receipts, $200; 70.10 (2) over $100,000 but not over $500,000 in gross receipts, 70.11 $500; and 70.12 (3) over $500,000 in gross receipts, $600. 70.13 For a licensed retailer of intoxicating liquor who did not sell 70.14 intoxicating liquor at on-sale for a full 12 months prior to the 70.15 month in which the permit is issued, the fee is $200. For a 70.16 retailer of 3.2 percent malt liquor, the fee is $200. 70.17 (b) The commissioner shall deposit all permit fees received 70.18 under this subdivision in the alcohol enforcement account in the 70.19 special revenue fund. 70.20 (c) Notwithstanding any law to the contrary, the 70.21 commissioner of revenue may furnish to the commissioner the 70.22 information necessary to administer and enforce this subdivision. 70.23 [EFFECTIVE DATE.] This section is effective July 1, 2003. 70.24 Sec. 60. [414.038] [EFFECT OF ANNEXATION OF TOWNSHIP 70.25 ROADS.] 70.26 Whenever a municipality annexes property abutting one side 70.27 of a township road, the segment of road abutting the annexed 70.28 property must be treated as a line road and is subject to 70.29 section 164.14. Whenever a municipality annexes the property on 70.30 both sides of a township road, that portion of road abutting the 70.31 annexed property ceases to be a town road and becomes the 70.32 obligation of the annexing municipality. This section does not 70.33 prohibit the annexing municipality from contracting with the 70.34 township for continued maintenance of the road. Any portion of 70.35 a township road that ceases to be a township road pursuant to 70.36 this section may still be counted as a township road for the 71.1 road-and-bridge account revenues for the year in which the 71.2 annexation occurs. 71.3 Sec. 61. [414.039] [EFFECT OF ANNEXATION ON EASEMENTS.] 71.4 If a municipality annexes property in which the affected 71.5 township holds any easement for the benefit of the public, the 71.6 township's easement interest continues unless otherwise agreed 71.7 to by the township. 71.8 Sec. 62. Laws 1999, chapter 238, article 1, section 2, 71.9 subdivision 2, is amended to read: 71.10 Subd. 2. Aeronautics 19,327,000 19,410,000 71.11 Summary by Fund 71.12 Airports 19,266,000 19,349,000 71.13 General 50,000 50,000 71.14 Trunk Highway 11,000 11,000 71.15 Except as otherwise provided, the 71.16 appropriations in this subdivision are 71.17 from the state airports fund. 71.18 The amounts that may be spent from this 71.19 appropriation for each activity are as 71.20 follows: 71.21 (a) Airport Development and Assistance 71.22 2000 2001 71.23 13,948,000 13,948,000 71.24 $12,846,000 the first year and 71.25 $12,846,000 the second year are for 71.26 navigational aids, construction grants, 71.27 and maintenance grants. If the 71.28 appropriation for either year is 71.29 insufficient, the appropriation for the 71.30 other year is available for it. 71.31 These appropriations must be spent in 71.32 accordance with Minnesota Statutes, 71.33 section 360.305, subdivision 4. 71.34 Notwithstanding Minnesota Statutes, 71.35 section 16A.28, subdivision 6, funds 71.36 are available for five years after 71.37 appropriation. 71.38 (b) Aviation Support 71.39 5,247,000 5,329,000 71.40 $65,000 the first year and $65,000 the 71.41 second year are for the civil air 71.42 patrol. 71.43 (c) Air Transportation Services 71.44 132,000 133,000 72.1 Summary by Fund 72.2 Airports 71,000 72,000 72.3 General 50,000 50,000 72.4 Trunk Highway 11,000 11,000 72.5 Sec. 63. Laws 2000, chapter 433, section 4, is amended to 72.6 read: 72.7 Sec. 4. [EFFECTIVE DATE.] 72.8 Sections 1 to 3 are effective the day following final 72.9 enactment and are repealed June 1, 2003. 72.10 Sec. 64. Laws 2001, chapter 97, section 5, is amended to 72.11 read: 72.12 Sec. 5. [EFFECTIVE DATE ; EXPIRATION.] 72.13 (a)Sections 1 to 4 are effective July 1, 2001. 72.14 (b) The amendments in sections 3 and 4 to Minnesota72.15 Statutes, section 171.02, expire July 1, 2003.72.16 (c) The amendment in section 1 to Minnesota Statutes,72.17 section 169.01, subdivision 75, expires July 1, 2003.72.18 [EFFECTIVE DATE.] This section is effective July 1, 2003. 72.19 Sec. 65. Laws 2001, First Special Session chapter 8, 72.20 article 1, section 2, subdivision 2, is amended to read: 72.21 Subd. 2. Aeronautics 20,748,000 20,489,000 72.22 Summary by Fund 72.23 Airports 20,687,000 20,428,000 72.24 General 50,000 50,000 72.25 Trunk Highway 11,000 11,000 72.26 Except as otherwise provided, the 72.27 appropriations in this subdivision are 72.28 from the state airports fund. 72.29 The amounts that may be spent from this 72.30 appropriation for each activity are as 72.31 follows: 72.32 (a) Airport Development and Assistance 72.33 14,298,000 14,298,000 72.34 These appropriations must be spent 72.35 according to Minnesota Statutes, 72.36 section 360.305, subdivision 4. 72.37 If the appropriation for either year is 72.38 insufficient, the appropriation for the 72.39 other year is available for it. 72.40 Notwithstanding Minnesota Statutes, 73.1 section 16A.28, subdivision 6, funds 73.2 are available for five years after 73.3 appropriation. 73.4 (b) Aviation Support 73.5 6,315,000 6,053,000 73.6 $65,000 the first year and $65,000 the 73.7 second year are for the civil air 73.8 patrol. 73.9 $600,000 each year is for GPS 73.10 navigation systems. Of this amount, 73.11 $250,000 each year adds to the agency's 73.12 budget base. 73.13 $400,000 the first year and $50,000 the 73.14 second year are for the development of 73.15 on-line aircraft registration 73.16 capabilities. 73.17 (c) Air Transportation Services 73.18 135,000 138,000 73.19 Summary by Fund 73.20 Airports 74,000 77,000 73.21 General 50,000 50,000 73.22 Trunk Highway 11,000 11,000 73.23 The commissioner shall take all 73.24 feasible actions to seek a waiver from 73.25 the appropriate federal authorities 73.26 that would allow the commissioner to 73.27 sell the airplane described in Laws 73.28 1997, chapter 159, article 1, section 73.29 2, subdivision 2, clause (c). Any 73.30 proceeds from the sale of the airplane 73.31 must be deposited in the general fund. 73.32 Sec. 66. [TRANSFER FROM LOAN FUND.] 73.33 The commissioner of finance shall transfer to the general 73.34 fund $8,200,000 of the money appropriated to the transportation 73.35 revolving loan fund under Laws 2000, chapter 479, article 1, 73.36 section 6, subdivision 2. This transfer must be made at the 73.37 rate of $4,100,000 each year of the 2004-2005 biennium. 73.38 [EFFECTIVE DATE.] This section is effective July 1, 2003. 73.39 Sec. 67. [REST AREA PROGRAM; REPORT.] 73.40 The commissioner of transportation shall report to the 73.41 chairs of the legislative committees with jurisdiction over 73.42 transportation policy and finance by January 30, 2004, on the 73.43 status of the department's highway rest area program. The 73.44 report must include: 73.45 (1) adequacy of funding for the program; 74.1 (2) all rest area closings and hours of service reductions 74.2 implemented and planned for the 2004-05 biennium; 74.3 (3) steps that the commissioner has taken or plans to make 74.4 to allow leasing of rest areas to private entities or operation 74.5 of rest areas by private entities, including provisions that the 74.6 commissioner has made or intends to make to promote the 74.7 employment of needy elderly persons at rest areas and preserve 74.8 contracts under Minnesota Statutes, section 248.07. 74.9 Sec. 68. [STUDY; USE OF CENTERLINE RUMBLE STRIPS.] 74.10 The commissioner of transportation shall study the 74.11 feasibility and practicability of: 74.12 (1) including milled-in rumble strips on the centerline of 74.13 the highway in all projects for the construction, 74.14 reconstruction, or resurfacing of two-lane trunk highways; and 74.15 (2) requiring that all projects for the construction, 74.16 reconstruction, or resurfacing of two-lane county state-aid 74.17 highways include milled-in rumble strips on the centerline of 74.18 the highway. 74.19 Sec. 69. [TRANSFERS.] 74.20 The commissioner of finance shall transfer $155,000 from 74.21 the remaining balance in the alcohol-impaired driver education 74.22 account in the special revenue fund to the general fund. 74.23 [EFFECTIVE DATE.] This section is effective July 1, 2003. 74.24 Sec. 70. [HUBBARD MARKETPLACE TRANSIT HUB.] 74.25 Until June 30, 2005, the metropolitan council is prohibited 74.26 from reducing the level of public access to services and 74.27 facilities at Hubbard Marketplace transit station, in the city 74.28 of Robbinsdale, as long as Hubbard Marketplace continues to be 74.29 operated as a transit station. 74.30 Sec. 71. [BUS RAPID TRANSIT STUDY.] 74.31 Subdivision 1. [STUDY REQUIRED.] The department of 74.32 transportation shall conduct a study on the feasibility of 74.33 implementing a bus rapid transit (BRT) system in the I-35W 74.34 corridor from downtown Minneapolis through south Minneapolis and 74.35 the cities of Richfield, Bloomington, Burnsville, and 74.36 Lakeville. Bus rapid transit systems are those systems that 75.1 provide for significantly faster operating bus speeds, 75.2 integrated service, greater service reliability, and increased 75.3 convenience through investments in bus infrastructure, 75.4 equipment, technology, and operational improvements. 75.5 Subd. 2. [STUDY REQUIREMENTS.] The study must, at a 75.6 minimum, include an analysis of the benefits and costs of 75.7 implementing a bus rapid transit system that includes the 75.8 following: 75.9 (1) frequent operation of buses on exclusive or 75.10 near-exclusive right-of-way on marked interstate highway 35W; 75.11 (2) changes in bus or platform design and fare collection 75.12 that provide for faster convenient boarding; 75.13 (3) station locations that are adjacent to, or easily 75.14 accessible from, the exclusive right-of-way; 75.15 (4) traffic management improvements and traffic signal 75.16 preemption on local streets within the I-35W corridor; and 75.17 (5) changes to existing transit services to provide for 75.18 timely connections and transfers. 75.19 Subd. 3. [STUDY RECOMMENDATIONS.] The study must recommend: 75.20 (1) options for implementing bus rapid transit in the I-35W 75.21 corridor; 75.22 (2) the associated cost of each option; and 75.23 (3) the anticipated benefits in terms of reduced travel 75.24 times, increased ridership, increased mobility, and impacts on 75.25 congestion levels within the corridor. 75.26 The study must be submitted by December 10, 2004, to the 75.27 house of representatives and senate committees with jurisdiction 75.28 over transportation policy and finance. 75.29 [EFFECTIVE DATE.] This section is effective July 1, 2003. 75.30 Sec. 72. [REQUEST FOR PROPOSALS.] 75.31 Notwithstanding Minnesota Statutes, section 473.4051, the 75.32 metropolitan council must prepare a request for proposals to 75.33 operate in whole or in part the Hiawatha light rail transit 75.34 line. The request must invite proposals from vendors from 75.35 within and outside of Minnesota. The metropolitan council must 75.36 consult with the commissioner of administration in preparing the 76.1 request. The council must obtain an internal competitive 76.2 proposal from its own metropolitan transit operations division. 76.3 The department of administration, in consultation with the 76.4 department of finance and the Hennepin county regional rail 76.5 authority, must evaluate the proposals received in a report to 76.6 the council. The council must take into consideration the 76.7 evaluations of the commissioner in determining whether it is 76.8 more advantageous to contract with a vendor for the operating 76.9 services, and if so, which vendor to select. If the council 76.10 determines it is more advantageous to contract with a vendor for 76.11 the operating services it must select a vendor not later than 76.12 December 1, 2003. Minnesota Statutes, section 473.392, does not 76.13 apply to the procurement by the council of operating services 76.14 for the Hiawatha light rail transit line. 76.15 Sec. 73. [ITASCA COUNTY; LAND EXCHANGE.] 76.16 Notwithstanding Minnesota Statutes, section 373.01, 76.17 subdivision 1, Itasca county may exchange a parcel or parcels of 76.18 real property of substantially similar or equal value without 76.19 advertising for bids to acquire real property for maintenance 76.20 facilities directly related to county highways. The estimated 76.21 value of the parcels exchanged must be determined by the Itasca 76.22 county assessor, and the exchange must otherwise comply with 76.23 Minnesota Statutes, section 373.01, and other applicable law. 76.24 [EFFECTIVE DATE.] This section is effective immediately 76.25 without local approval, because it enables a local government 76.26 unit to exercise authority not granted by general law as 76.27 provided in Minnesota Statutes, section 645.023, subdivision 1, 76.28 paragraph (a). 76.29 Sec. 74. [SOUTHWEST CORRIDOR RAIL TRANSIT; PROHIBITIONS.] 76.30 Subdivision 1. [DEFINITION.] For purposes of this section, 76.31 "southwest transit way corridor" means the southwest transit way 76.32 corridor between Minneapolis and Eden Prairie as identified by 76.33 the Hennepin county regional rail authority in its southwest 76.34 corridor rail transit study. 76.35 Subd. 2. [PROHIBITIONS.] Until July 1, 2005, neither the 76.36 commissioner of transportation, the metropolitan council, nor 77.1 the Hennepin county regional rail authority may take any action 77.2 or spend any money for preliminary engineering, final design, or 77.3 construction for light rail or commuter rail transit in the 77.4 southwest transit way corridor. 77.5 Sec. 75. [NORTHSTAR COMMUTER RAIL STUDY.] 77.6 The commissioner of transportation, in conjunction with the 77.7 Northstar Corridor Development Authority, shall convene a work 77.8 group to further study the feasibility of constructing the 77.9 Northstar commuter rail. The work group shall update ridership 77.10 forecasts for the commuter rail based on 2000 census data and 77.11 seek updated information from the Burlington Northern Santa Fe 77.12 railroad regarding capacity improvements, railroad usage rights, 77.13 construction, risk and liability allocation, and other related 77.14 issues. By January 15, 2004, the commissioner shall report the 77.15 work group's findings to the chairs and ranking members of the 77.16 legislative committees having jurisdiction over transportation 77.17 and capital investment. The commissioner of transportation 77.18 shall not pay for any outside consultant expenses related to 77.19 this work. 77.20 Sec. 76. [COMMISSIONER OF REVENUE; STUDY.] 77.21 (a) The commissioner of revenue, in consultation with the 77.22 hospitality industry, shall conduct a study to determine the 77.23 amount of annual increase in state tax revenue that is 77.24 attributable to changes in the hours of permissible sale of 77.25 alcoholic beverages. The commissioner shall report the results 77.26 of the study to the governor and legislature by January 15, 2005. 77.27 (b) If the study determines that the amount of the annual 77.28 increase is at least $3,850,000 during the period studied, the 77.29 commissioner shall so report to the secretary of state. 77.30 Sec. 77. [PARTICIPATION IN METROPOLITAN AIRPORTS 77.31 COMMISSION TAXICAB ADVISORY COMMITTEE.] 77.32 To the extent the metropolitan airports commission 77.33 maintains a taxicab advisory committee, the commission must 77.34 allow for full public comment and participation of any 77.35 individual, association, or other entity within the taxicab 77.36 industry. The commission may not prohibit participation of any 78.1 representative of a taxicab owner, taxicab company, or 78.2 association that qualifies to be a member of the taxicab 78.3 advisory committee. This section expires June 30, 2005. 78.4 Sec. 78. 2003 House File No. 719, section 30, if enacted, 78.5 is amended to read: 78.6 Sec. 30. [EFFECTIVE DATE.] 78.7 Sections 1 to 9 and 13 to 29 are effective the day 78.8 following final enactment. Sections 10 to 12 are effective July 78.9 1, 2003. 78.10 Sec. 79. [REPEALER.] 78.11 Subdivision 1. [STATUTES.] Minnesota Statutes 2002, 78.12 sections 162.09, subdivision 5; 169.794; 169.799; 174.025; 78.13 174.031; 174.242; 221.165; 221.54; and 221.55, are repealed. 78.14 Subd. 2. [RULES.] Minnesota Rules, parts 7403.1300; 78.15 7413.0400; 7413.0500; 7800.0100, subparts 1, 3, and 5; 78.16 7800.0500; 7800.0700; 7800.1400; 7800.1500; 7800.1600; 78.17 7800.1700; 7800.3100; 7800.3900; 7800.4810; 7805.0800; 78.18 8800.0100, subparts 7 and 36; 8800.1200, subpart 3; 8800.3500; 78.19 8800.3700; 8800.4000; 8810.4200; 8810.4500; 8810.4600; 78.20 8810.4700; 8810.4800; 8810.4900; 8810.5000; 8810.5100; 78.21 8810.5500; 8810.9920; 8810.9921; 8850.6900, subparts 4, 6, 11, 78.22 12, and 17; 8850.7000; 8850.7025; 8850.7040; 8850.7100; 78.23 8850.7900; 8850.8200; 8850.8900; 8850.9000; 8850.9050, subparts 78.24 1 and 2; 8900.0100; 8900.0200; 8900.0300; 8900.0400; 8900.0500; 78.25 8900.0600; 8900.0700; 8900.0800; 8900.0900; 8900.1000; 78.26 8900.1100; 8910.1000; 8910.2000; 8910.2100; 8910.3000; and 78.27 8910.3100, are repealed. 78.28 Subd. 3. [OTHER PROVISIONS.] Sections 50, 57, 58, and 59 78.29 are repealed on July 1, 2005, provided that the commissioner of 78.30 revenue has made the report to the secretary of state of the 78.31 determination described in section 76, paragraph (b), by that 78.32 date. If no such determination has been made by that date, 78.33 sections 50, 57, 58, and 59 remain in effect. 78.34 Sec. 80. [EFFECTIVE DATE.] 78.35 This article is effective the day following final 78.36 enactment, unless otherwise specified. 79.1 ARTICLE 3 79.2 TRUNK HIGHWAY BONDING 79.3 Section 1. [HIGHWAY AND TRANSIT APPROPRIATIONS.] 79.4 Subdivision 1. [TRUNK HIGHWAY PROJECTS FINANCED BY STATE 79.5 BONDS.] (a) $400,000,000 is appropriated from the bond proceeds 79.6 account in the trunk highway fund to the commissioner of 79.7 transportation for trunk highway improvements. This 79.8 appropriation is for: 79.9 (1) trunk highway improvements within the seven-county 79.10 metropolitan area primarily for improving traffic flow and 79.11 expanding highway capacity by eliminating traffic bottlenecks 79.12 and improving segments of at-risk interregional corridors within 79.13 the seven-county area; and 79.14 (2) trunk highway improvements on at-risk interregional 79.15 corridors located outside the seven-county metropolitan area. 79.16 These appropriations include the cost of actual payment to 79.17 landowners for lands acquired for highway right-of-way, payment 79.18 to lessees, interest subsidies, and relocation expenses. Within 79.19 each category in clauses (1) and (2), the commissioner shall 79.20 spend not less than $25,000,000 on highway safety and capacity 79.21 improvement projects including but not limited to the addition 79.22 of lanes on trunk highway corridors with known safety problems. 79.23 (b) In spending the appropriation under paragraph (a), the 79.24 commissioner shall, to the maximum feasible extent, seek to 79.25 allocate spending equally between the department of 79.26 transportation metropolitan district and the remainder of the 79.27 state. 79.28 (c) The commissioner of transportation may use up to 79.29 $68,500,000 of this appropriation for program delivery. 79.30 (d) The commissioner shall use at least $36,000,000 of this 79.31 appropriation for accelerating transit capital improvements on 79.32 trunk highways such as shoulder bus lanes, bus park-and-ride 79.33 facilities, and ramp meter-bypass facilities. 79.34 Subd. 2. [REPORT.] The commissioner shall report to the 79.35 committees having jurisdiction over transportation finance in 79.36 the house of representatives and senate, no later than January 80.1 15 of each year through 2007, on projects selected to be funded 80.2 by this appropriation. The report must include the geographic 80.3 distribution of the selected projects and their adherence to the 80.4 criteria and spending allocation goals listed in subdivision 1, 80.5 and the location and cost of each project. 80.6 Subd. 3. [BOND SALE EXPENSES.] $400,000 is appropriated 80.7 from the bond proceeds account in the trunk highway fund to the 80.8 commissioner of finance for bond sale expenses under Minnesota 80.9 Statutes, section 16A.641, subdivision 8. 80.10 Subd. 4. [CANCELLATION.] Any part of the appropriation in 80.11 this section that is not encumbered or otherwise obligated by 80.12 June 30, 2007, must be canceled to the trunk highway bond 80.13 account in the state bond fund. 80.14 Sec. 2. [BOND SALE.] 80.15 To provide the money appropriated in section 1, 80.16 subdivisions 1 and 4, from the bond proceeds account in the 80.17 trunk highway fund, the commissioner of finance shall sell and 80.18 issue bonds of the state in an amount up to $400,400,000 in the 80.19 manner, on the terms, and with the effect prescribed by 80.20 Minnesota Statutes, sections 167.50 to 167.52, and by the 80.21 Minnesota Constitution, article XIV, section 11, at the times 80.22 and in the amounts requested by the commissioner of 80.23 transportation. The proceeds of the bonds, except accrued 80.24 interest and any premium received from the sale of the bonds, 80.25 must be deposited in the bond proceeds account in the trunk 80.26 highway fund. 80.27 Sec. 3. [ADVANCE CONSTRUCTION.] 80.28 (a) Through June 30, 2009, the commissioner of 80.29 transportation may spend up to $400,000,000 on trunk highway 80.30 improvements from funds approved for expenditure by the Federal 80.31 Highway Administration and designated as advance construction 80.32 funds. 80.33 (b) Any additional advance construction expenditures by the 80.34 commissioner approved by the Federal Highway Administration 80.35 through June 30, 2009, may be added to the amount in paragraph 80.36 (a). 81.1 (c) In spending federal funds under paragraphs (a) and (b), 81.2 the commissioner shall, to the maximum feasible extent, seek to 81.3 allocate spending equally between the department of 81.4 transportation metropolitan district and the remainder of the 81.5 state. 81.6 (d) The commissioner shall report to the chairs of the 81.7 senate and house of representatives committees with jurisdiction 81.8 over transportation policy and finance by January 15 each year 81.9 regarding the use of advance construction funding in the 81.10 previous and current fiscal year. The report must include: 81.11 (1) an analysis of the impact of the use of advance 81.12 construction funding on the trunk highway fund balance and cash 81.13 flow; 81.14 (2) an estimate of the amount of additional advance 81.15 construction funding that is available for use in future fiscal 81.16 years and the impact on the department's total road construction 81.17 program; and 81.18 (3) geographic distribution of spending and compliance with 81.19 the spending goal in paragraph (c). 81.20 Sec. 4. [GREATER MINNESOTA TRANSIT.] 81.21 The commissioner of transportation may spend up to 81.22 $5,000,000 through June 30, 2008, in federal transit funds for 81.23 capital assistance to public transit systems under Minnesota 81.24 Statutes, section 174.24. This amount is in addition to any 81.25 appropriations made by law for this purpose. 81.26 Sec. 5. [REPORT.] 81.27 The commissioner shall report by January 15 of each year 81.28 through 2007 to the chairs of the legislative committees with 81.29 jurisdiction over transportation policy and finance on (1) how 81.30 the department is spending the appropriations in this article 81.31 for trunk highway improvements, and (2) the department's plans 81.32 to implement trunk highway improvements funded under this 81.33 article with current department staffing, and an analysis of the 81.34 need for additional staffing and consultant services. 81.35 Sec. 6. [EFFECTIVE DATE.] 81.36 Sections 1 to 4 are effective the day following final 82.1 enactment. 82.2 ARTICLE 4 82.3 FISCAL YEAR 2003 APPROPRIATIONS AND TRANSFERS 82.4 Section 1. [TRANSPORTATION APPROPRIATIONS AND TRANSFERS.] 82.5 The dollar amounts in the columns under "APPROPRIATION 82.6 CHANGE" are added to or, if shown in parentheses, are subtracted 82.7 from the appropriations in Laws 2001, First Special Session 82.8 chapter 8, as amended, or other law to the specified agencies. 82.9 The appropriations are from the general fund or other named fund 82.10 and are available for the fiscal years indicated for each 82.11 purpose. The figure "2003" means that the addition to or 82.12 subtraction from the appropriations listed under the figure is 82.13 for the fiscal year ending June 30, 2003. 82.14 2003 82.15 TRANSFERS FROM OTHER FUNDS $ 15,000,000 82.16 CANCELLATIONS - GENERAL FUND (110,000,000) 82.17 TRUNK HIGHWAY BOND PROCEEDS 82.18 ACCOUNT - TRUNK HIGHWAY FUND 110,110,000 82.19 APPROPRIATION CHANGE 82.20 Sec. 2. TRANSPORTATION 110,000,000 82.21 This appropriation is from the trunk 82.22 highway bond proceeds account in the 82.23 trunk highway fund and is available for 82.24 expenditure beginning the day following 82.25 final enactment. It is for the same 82.26 purposes as specified in Laws 2000, 82.27 chapter 479, article 1, section 2, 82.28 subdivision 3. 82.29 Of the general fund appropriation in 82.30 Laws 2000, chapter 479, article 1, 82.31 section 2, subdivision 3, $110,000,000 82.32 cancels to the general fund. This 82.33 cancellation is effective the day 82.34 following final enactment. 82.35 By June 30, 2003, the commissioner of 82.36 finance shall transfer $15,000,000 of 82.37 the cash balance in the state airports 82.38 fund established in Minnesota Statutes, 82.39 section 360.017, to the general fund. 82.40 Sec. 3. BOND SALE EXPENSES 110,000 82.41 To the commissioner of finance for bond 82.42 sale expenses under Minnesota Statutes, 82.43 section 16A.641, subdivision 8. This 82.44 appropriation is from the trunk highway 82.45 bond proceeds account in the trunk 82.46 highway fund. 82.47 Sec. 4. BOND SALE AUTHORIZATION 83.1 To provide the money appropriated in 83.2 this act from the trunk highway bond 83.3 proceeds account in the trunk highway 83.4 fund, the commissioner of finance shall 83.5 sell and issue bonds of the state in an 83.6 amount up to $110,110,000 in the 83.7 manner, upon the terms, and with the 83.8 effect prescribed by Minnesota 83.9 Statutes, sections 167.50 to 167.52, 83.10 and by the Minnesota Constitution, 83.11 article XIV, section 11, at the times 83.12 and in the amount requested by the 83.13 commissioner of transportation. The 83.14 proceeds of the bonds, except accrued 83.15 interest and any premium received on 83.16 the sale of the bonds, must be credited 83.17 to the trunk highway bond proceeds 83.18 account in the trunk highway fund. 83.19 Sec. 5. [EFFECTIVE DATE.] 83.20 Sections 1 to 4 are effective the day following final 83.21 enactment.