as introduced - 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 cartways, 1.9 other transportation corridors, major transportation 1.10 projects commission, transit, forecasts of 1.11 highway-related revenues and expenditures, a land 1.12 exchange, and other transportation-related activities; 1.13 providing for fees, surcharges, funds and accounts, 1.14 transfers, allocations, and expenditures; modifying 1.15 provisions regulating special mobile equipment, 1.16 special vehicle license plates, speed limits and other 1.17 traffic regulations, vehicle weight limits and other 1.18 vehicle regulations, vehicle insurance requirements, 1.19 drivers' licenses, capitol complex towing policy, 1.20 public safety officer benefit funds, and other 1.21 activities related to public safety; authorizing 1.22 administrative powers, penalties, and remedies for 1.23 public safety purposes; requiring studies and reports; 1.24 making technical and clarifying changes; amending 1.25 Minnesota Statutes 2002, sections 13.44, subdivision 1.26 3; 16A.88, subdivision 1; 117.232, subdivision 1; 1.27 138.40, subdivisions 2, 3; 161.08; 161.20, subdivision 1.28 3; 163.11, by adding subdivisions; 164.12; 168.011, 1.29 subdivision 22; 168.013, subdivision 3; 168.12, 1.30 subdivisions 2e, 5; 168.54, subdivision 4; 168A.29, 1.31 subdivision 1; 169.14, subdivision 5a; 169.791, 1.32 subdivision 1; 169.796, by adding a subdivision; 1.33 169.797, subdivision 4a; 169.798, subdivision 1, by 1.34 adding a subdivision; 169.826, subdivision 1, by 1.35 adding a subdivision; 169.85, subdivision 2; 169.86, 1.36 subdivision 5; 171.20, subdivision 4; 171.29, 1.37 subdivision 2; 174.03, by adding a subdivision; 1.38 174.24, subdivisions 1, 3b, 5; 174.55, subdivision 2; 1.39 275.71, subdivision 5; 297B.09, subdivision 1; 1.40 299A.465, subdivision 4; 299E.01, by adding a 1.41 subdivision; 299E.03, subdivision 3; Laws 1999, 1.42 chapter 238, article 1, section 2, subdivision 2; Laws 1.43 2000, chapter 433, section 4; Laws 2001, First Special 1.44 Session chapter 8, article 1, section 2, subdivision 1.45 2; proposing coding for new law in Minnesota Statutes, 1.46 chapters 117; 160; 161; 168; 299A; 331A; 414; 2.1 repealing Minnesota Statutes 2002, sections 169.794; 2.2 169.799; 174.242; Minnesota Rules, parts 7403.1300; 2.3 7413.0400; 7413.0500. 2.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.5 ARTICLE 1 2.6 APPROPRIATIONS 2.7 TRANSPORTATION AND OTHER AGENCIES 2.8 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.9 The sums shown in the columns marked "APPROPRIATIONS" are 2.10 appropriated from the general fund, or another named fund, to 2.11 the agencies and for the purposes specified in this article, to 2.12 be available for the fiscal years indicated for each purpose. 2.13 The figures "2004" and "2005," where used in this article, mean 2.14 that the appropriations listed under them are available for the 2.15 year ending June 30, 2004, or June 30, 2005, respectively. If 2.16 the figures are not used, the appropriations are available for 2.17 the year ending June 30, 2004, or June 30, 2005, respectively. 2.18 The term "first year" means the year ending June 30, 2004, and 2.19 the term "second year" means the year ending June 30, 2005. 2.20 SUMMARY BY FUND 2.21 2004 2005 TOTAL 2.22 General $ 80,429,000 $ 81,535,000 $ 161,964,000 2.23 Airports 19,458,000 19,458,000 39,116,000 2.24 C.S.A.H. 426,020,000 443,631,000 859,651,000 2.25 M.S.A.S. 112,290,000 114,661,000 226,951,000 2.26 Special Revenue 994,000 994,000 1,988,000 2.27 Highway User 12,336,000 12,336,000 24,672,000 2.28 Trunk Highway 1,202,407,000 1,268,351,000 2,470,758,000 2.29 TOTAL $1,853,934,000 $1,930,966,000 $3,784,900,000 2.30 APPROPRIATIONS 2.31 Available for the Year 2.32 Ending June 30 2.33 2004 2005 2.34 Sec. 2. TRANSPORTATION 2.35 Subdivision 1. Total 2.36 Appropriation $1,681,652,000 $1,757,619,000 2.37 The appropriations in this section are 2.38 from the trunk highway fund, except 2.39 when another fund is named. 2.40 Summary by Fund 3.1 2004 2005 3.2 General 16,360,000 16,361,000 3.3 Airports 19,408,000 19,408,000 3.4 C.S.A.H. 426,020,000 433,631,000 3.5 M.S.A.S. 112,290,000 114,661,000 3.6 Trunk Highway 1,107,574,000 1,173,558,000 3.7 The amounts that may be spent from this 3.8 appropriation for each program are 3.9 specified in the following subdivisions. 3.10 Subd. 2. Multimodal Systems 41,688,000 41,689,000 3.11 Summary by Fund 3.12 Airports 19,383,000 19,383,000 3.13 General 16,295,000 16,296,000 3.14 Trunk Highway 6,010,000 6,010,000 3.15 The amounts that may be spent from this 3.16 appropriation for each activity are as 3.17 follows: 3.18 (a) Aeronautics 3.19 20,395,000 20,395,000 3.20 Summary by Fund 3.21 Airports 19,383,000 19,383,000 3.22 Trunk Highway 1,012,000 1,012,000 3.23 Except as otherwise provided, the 3.24 appropriations in this subdivision are 3.25 from the state airports fund. 3.26 (1) Airport Development 3.27 and Assistance 3.28 14,298,000 14,298,000 3.29 These appropriations must be spent 3.30 according to Minnesota Statutes, 3.31 section 360.305, subdivision 4. 3.32 Notwithstanding Minnesota Statutes, 3.33 section 16A.28, subdivision 6, funds 3.34 are available for five years after 3.35 appropriation. 3.36 If the appropriation for either year is 3.37 insufficient, the appropriation for the 3.38 other year is available for it. 3.39 Of this appropriation $750,000 each 3.40 year is for the long-range radar 3.41 facility in Alexandria. This 3.42 appropriation is contingent on a 3.43 partnership with the federal aviation 3.44 administration for this project. 3.45 $100,000 in each fiscal year must be 3.46 used for hangar construction for the 3.47 civil air patrol at the South St. Paul 3.48 airport. 4.1 (2) Aviation Support and Services 4.2 6,097,000 6,097,000 4.3 Summary by Fund 4.4 Airports 5,085,000 5,085,000 4.5 Trunk Highway 1,012,000 1,012,000 4.6 $65,000 the first year and $65,000 the 4.7 second year are for the civil air 4.8 patrol. 4.9 (b) Transit 4.10 16,097,000 16,098,000 4.11 Summary by Fund 4.12 General 15,949,000 15,950,000 4.13 Trunk Highway 148,000 148,000 4.14 The general fund budget base for this 4.15 activity is $15,810,000 in each year of 4.16 the 2006-2007 biennium. 4.17 (c) Freight 4.18 1,569,000 1,569,000 4.19 Summary by Fund 4.20 General 220,000 220,000 4.21 Trunk Highway 1,349,000 1,349,000 4.22 Notwithstanding Minnesota Statutes, 4.23 section 222.49, after July 1, 2003, and 4.24 before June 30, 2004, the commissioner 4.25 of finance shall transfer $3,200,000 4.26 from the rail service improvement 4.27 account in the special revenue fund to 4.28 the debt service fund. 4.29 Notwithstanding Minnesota Statutes, 4.30 section 222.49, after July 1, 2004, and 4.31 before June 30, 2005, the commissioner 4.32 of finance shall transfer $3,200,000 4.33 from the rail service improvement 4.34 account in the special revenue fund to 4.35 the debt service fund. 4.36 (d) Commercial Vehicles 4.37 3,627,000 3,627,000 4.38 Summary by Fund 4.39 General 126,000 126,000 4.40 Trunk Highway 3,501,000 3,501,000 4.41 Subd. 3. State Roads 1,045,224,000 1,115,658,000 4.42 Summary by Fund 4.43 General 9,000 9,000 4.44 Trunk Highway 1,045,215,000 1,115,649,000 5.1 The amounts that may be spent from this 5.2 appropriation for each activity are as 5.3 follows: 5.4 (a) Infrastructure Investment and Planning 5.5 836,593,000 907,027,000 5.6 $266,000 the first year and $266,000 5.7 the second year are available for 5.8 grants to metropolitan planning 5.9 organizations outside the seven-county 5.10 metropolitan area. 5.11 $75,000 the first year and $75,000 the 5.12 second year are for a transportation 5.13 research contingent account to finance 5.14 research projects that are reimbursable 5.15 from the federal government or from 5.16 other sources. If the appropriation 5.17 for either year is insufficient, the 5.18 appropriation for the other year is 5.19 available for it. 5.20 $600,000 the first year and $600,000 5.21 the second year are available for 5.22 grants for transportation studies 5.23 outside the metropolitan area to 5.24 identify critical concerns, problems, 5.25 and issues. These grants are available 5.26 (1) to regional development 5.27 commissions, and (2) in regions where 5.28 no regional development commission is 5.29 functioning, to joint powers boards 5.30 established under agreement of two or 5.31 more political subdivisions in the 5.32 region to exercise the planning 5.33 functions of a regional development 5.34 commission, and (3) in regions where no 5.35 regional development commission or 5.36 joint powers board is functioning, to 5.37 the department's district office for 5.38 that region. 5.39 (1) State Road Construction 5.40 636,957,000 685,450,000 5.41 It is estimated that these 5.42 appropriations will be funded as 5.43 follows: 5.44 Federal Highway Aid 5.45 325,000,000 375,000,000 5.46 Highway User Taxes 5.47 311,957,000 310,450,000 5.48 The commissioner of transportation 5.49 shall notify the chair of the 5.50 transportation budget division of the 5.51 senate and the chair of the 5.52 transportation finance committee of the 5.53 house of representatives of any 5.54 significant events that should cause 5.55 these estimates to change. 5.56 This appropriation is for the actual 5.57 construction, reconstruction, and 6.1 improvement of trunk highways including 6.2 consultant usage to support these 6.3 activities. This includes the cost of 6.4 actual payment to landowners for lands 6.5 acquired for highway rights-of-way, 6.6 payment to lessees, interest subsidies, 6.7 and relocation expenses. 6.8 The commissioner may transfer up to 6.9 $15,000,000 each year to the 6.10 transportation revolving loan fund. 6.11 The commissioner may receive money 6.12 covering other shares of the cost of 6.13 partnership projects. These receipts 6.14 are appropriated to the commissioner 6.15 for these projects. 6.16 (2) Highway Debt Service 6.17 40,149,000 60,583,000 6.18 $33,640,000 the first year and 6.19 $54,012,000 the second year are for 6.20 transfer to the state bond fund. If 6.21 this appropriation is insufficient to 6.22 make all transfers required in the year 6.23 for which it is made, the commissioner 6.24 of finance shall notify the committee 6.25 on state government finance of the 6.26 senate and the committee on ways and 6.27 means of the house of representatives 6.28 of the amount of the deficiency and 6.29 shall then transfer that amount under 6.30 the statutory open appropriation. Any 6.31 excess appropriation cancels to the 6.32 trunk highway fund. 6.33 (b) Infrastructure Operations 6.34 and Maintenance 6.35 203,641,000 203,641,000 6.36 (c) Electronic Communications 6.37 4,990,000 4,990,000 6.38 Summary by Fund 6.39 General 9,000 9,000 6.40 Trunk Highway 4,981,000 4,981,000 6.41 $9,000 the first year and $9,000 the 6.42 second year are from the general fund 6.43 for equipment and operation of the 6.44 Roosevelt signal tower for Lake of the 6.45 Woods weather broadcasting. 6.46 Subd. 4. Local Roads 538,310,000 548,292,000 6.47 Summary by Fund 6.48 C.S.A.H. 426,020,000 433,631,000 6.49 M.S.A.S. 112,290,000 114,661,000 6.50 The amounts that may be spent from this 6.51 appropriation for each activity are as 6.52 follows: 7.1 (a) County State Aids 7.2 426,020,000 433,631,000 7.3 This appropriation is from the county 7.4 state-aid highway fund and is available 7.5 until spent. 7.6 (b) Municipal State Aids 7.7 112,290,000 114,661,000 7.8 This appropriation is from the 7.9 municipal state-aid street fund and is 7.10 available until spent. 7.11 If an appropriation for either county 7.12 state aids or municipal state aids does 7.13 not exhaust the balance in the fund 7.14 from which it is made in the year for 7.15 which it is made, the commissioner of 7.16 finance, upon request of the 7.17 commissioner of transportation, shall 7.18 notify the chair of the transportation 7.19 finance committee of the house of 7.20 representatives and the chair of the 7.21 transportation budget division of the 7.22 senate of the amount of the remainder 7.23 and shall then add that amount to the 7.24 appropriation. The amount added is 7.25 appropriated for the purposes of county 7.26 state aids or municipal state aids, as 7.27 appropriate. 7.28 Subd. 5. General Support 7.29 and Services 56,430,000 51,980,000 7.30 Summary by Fund 7.31 General 56,000 56,000 7.32 Airports 25,000 25,000 7.33 Trunk Highway 56,349,000 51,899,000 7.34 The amounts that may be spent from this 7.35 appropriation for each activity are as 7.36 follows: 7.37 (a) Department Support 7.38 38,653,000 38,653,000 7.39 Summary by Fund 7.40 Airports 25,000 25,000 7.41 Trunk Highway 38,628,000 38,628,000 7.42 (b) Buildings 7.43 17,777,000 13,327,000 7.44 Summary by Fund 7.45 General 56,000 56,000 7.46 Trunk Highway 17,721,000 13,271,000 7.47 In fiscal year 2004, $4,450,000 of this 7.48 appropriation is to design, construct, 8.1 furnish, and equip a building in 8.2 Pennington county for the joint use of 8.3 the county of Pennington and 8.4 departments of transportation, public 8.5 safety, and natural resources for 8.6 vehicle maintenance and vehicle 8.7 storage. This appropriation remains 8.8 available and does not lapse. 8.9 If the appropriation for either year is 8.10 insufficient, the appropriation for the 8.11 other year is available for it. 8.12 Subd. 6. Transfers 8.13 (a) With the approval of the 8.14 commissioner of finance, the 8.15 commissioner of transportation may 8.16 transfer unencumbered balances among 8.17 the appropriations from the trunk 8.18 highway fund and the state airports 8.19 fund made in this section. No transfer 8.20 may be made from the appropriation for 8.21 state road construction. No transfer 8.22 may be made from the appropriations for 8.23 debt service to any other appropriation. 8.24 Transfers under this paragraph may not 8.25 be made between funds. Transfers 8.26 between programs must be reported 8.27 immediately to the chair of the 8.28 transportation budget division of the 8.29 senate and the chair of the 8.30 transportation finance committee of the 8.31 house of representatives. 8.32 (b) The commissioner of finance shall 8.33 transfer from the flexible account in 8.34 the county state-aid highway fund 8.35 $14,400,000 the first year and 8.36 $8,300,000 the second year to the 8.37 municipal turnback account in the 8.38 municipal state-aid street fund, and 8.39 the remainder in each year to the 8.40 county turnback account in the county 8.41 state-aid highway fund. 8.42 Subd. 7. Use of State Road 8.43 Construction Appropriations 8.44 Any money appropriated to the 8.45 commissioner of transportation for 8.46 state road construction for any fiscal 8.47 year before fiscal year 2003 is 8.48 available to the commissioner during 8.49 fiscal years 2004 and 2005 to the 8.50 extent that the commissioner spends the 8.51 money on the state road construction 8.52 project for which the money was 8.53 originally encumbered during the fiscal 8.54 year for which it was appropriated. 8.55 The commissioner of transportation 8.56 shall report to the commissioner of 8.57 finance by August 1, 2003, and August 8.58 1, 2004, on a form the commissioner of 8.59 finance provides, on expenditures made 8.60 during the previous fiscal year that 8.61 are authorized by this subdivision. 8.62 Subd. 8. Contingent Appropriation 8.63 The commissioner of transportation, 9.1 with the approval of the governor after 9.2 review by the legislative advisory 9.3 commission under Minnesota Statutes, 9.4 section 3.30, may transfer all or part 9.5 of the unappropriated balance in the 9.6 trunk highway fund to an appropriation 9.7 (1) for trunk highway design, 9.8 construction, or inspection in order to 9.9 take advantage of an unanticipated 9.10 receipt of income to the trunk highway 9.11 fund or to take advantage of Federal 9.12 Advanced Construction funding, (2) for 9.13 trunk highway maintenance in order to 9.14 meet an emergency, or (3) to pay tort 9.15 or environmental claims. Any transfer 9.16 as a result of the use of Federal 9.17 Advanced Construction funding must 9.18 include an analysis of the effects on 9.19 the long-term trunk highway fund 9.20 balance. The amount transferred is 9.21 appropriated for the purpose of the 9.22 account to which it is transferred. 9.23 Subd. 9. Budget Base Reduction Report 9.24 By December 15, 2003, and December 15, 9.25 2004, the commissioner of 9.26 transportation shall report to the 9.27 chairs of the senate and house of 9.28 representatives committees with 9.29 jurisdiction over transportation policy 9.30 and finance regarding the distribution 9.31 and impacts of the base budget 9.32 reductions. The report must include a 9.33 description and enumeration of program 9.34 activities with reduced spending levels 9.35 and the impacts on the department's 9.36 performance measures. The report must 9.37 identify the total number of positions 9.38 that were reduced or eliminated through 9.39 attrition or layoffs, the number of 9.40 positions reduced or eliminated in each 9.41 of the bargaining units represented 9.42 within the department, and the impact 9.43 on the number of women and minorities 9.44 employed by the department and the 9.45 department's affirmative action goals. 9.46 Subd. 10. Reverse Auctions 9.47 Notwithstanding any other law, the 9.48 combined number of highway construction 9.49 contracts and contracts for services 9.50 that the commissioner issues in any 9.51 year of the biennium that are issued 9.52 using the reverse auction process as 9.53 defined in Minnesota Statutes, section 9.54 16C.10, subdivision 7, may not exceed 9.55 ten percent of the combined number of 9.56 highway construction contracts and 9.57 contracts for service that the 9.58 commissioner issued in the previous 9.59 year. 9.60 Sec. 3. METROPOLITAN COUNCIL 9.61 TRANSIT 57,063,000 58,163,000 9.62 (a) The agency's budget base for fiscal 9.63 year 2006 is $56,253,000 and for fiscal 9.64 year 2007 is $57,353,000. 10.1 (b) Bus Transit 10.2 54,263,000 54,263,000 10.3 This appropriation is for bus system 10.4 operations. 10.5 (c) Rail Operations 10.6 2,800,000 3,900,000 10.7 This appropriation is for operations of 10.8 the Hiawatha LRT line. The base for 10.9 rail operations for fiscal year 2006 is 10.10 $4,050,000 and for fiscal year 2007 is 10.11 $5,300,000. 10.12 This appropriation is for paying 50 10.13 percent of operating costs for the 10.14 Hiawatha light rail transit line after 10.15 operating revenue and federal funds 10.16 used for light rail transit operations. 10.17 The remaining operating costs are to be 10.18 paid by the Hennepin county regional 10.19 rail authority, using any or all of 10.20 these sources: 10.21 (1) general tax revenues of Hennepin 10.22 county; 10.23 (2) the authority's reserves; and 10.24 (3) taxes levied under Minnesota 10.25 Statutes, section 398A.04, subdivision 10.26 8, notwithstanding any provision in 10.27 that subdivision that limits amounts 10.28 that may be levied for light rail 10.29 transit purposes. 10.30 (d) Budget Base Reduction Report 10.31 By December 15, 2003, and December 15, 10.32 2004, the chair of the metropolitan 10.33 council shall report to the chairs of 10.34 the senate and house of representatives 10.35 committees with jurisdiction over 10.36 transportation policy and finance 10.37 regarding the distribution and impacts 10.38 of the base budget reductions. The 10.39 report must include a description and 10.40 enumeration of program activities with 10.41 reduced spending levels and the impacts 10.42 on transit service levels and 10.43 performance of the regular route and 10.44 metro mobility systems. The report 10.45 must identify the total number of 10.46 positions that were reduced or 10.47 eliminated through attrition or 10.48 layoffs, the number of positions 10.49 reduced or eliminated in each of the 10.50 bargaining units represented within the 10.51 council, and the impact on the number 10.52 of women and minorities employed by the 10.53 council. 10.54 Sec. 4. PUBLIC SAFETY 10.55 Subdivision 1. Total 10.56 Appropriation 114,244,000 114,209,000 10.57 Summary by Fund 11.1 General 7,006,000 7,011,000 11.2 Trunk Highway 94,033,000 93,993,000 11.3 Highway User 12,211,000 12,211,000 11.4 Special Revenue 994,000 994,000 11.5 Subd. 2. Administration 11.6 and Related Services 9,684,000 9,689,000 11.7 Summary by Fund 11.8 General 2,361,000 2,366,000 11.9 Trunk Highway 5,938,000 5,938,000 11.10 Highway User 1,385,000 1,385,000 11.11 (a) Office of Communications 11.12 385,000 385,000 11.13 Summary by Fund 11.14 General 39,000 39,000 11.15 Trunk Highway 346,000 346,000 11.16 (b) Public Safety Support 11.17 6,845,000 6,850,000 11.18 Summary by Fund 11.19 General 2,231,000 2,236,000 11.20 Trunk Highway 3,248,000 3,248,000 11.21 Highway User 1,366,000 1,366,000 11.22 $365,000 the first year and $370,000 11.23 the second year are for payment of 11.24 public safety officer survivor benefits 11.25 under Minnesota Statutes, section 11.26 299A.44. If the appropriation for 11.27 either year is insufficient, the 11.28 appropriation for the other year is 11.29 available for it. The base for fiscal 11.30 year 2006 is $375,000 and for fiscal 11.31 year 2007 is $380,000. 11.32 $314,000 the first year and $314,000 11.33 the second year are to be deposited in 11.34 the public safety officer's benefit 11.35 account. This money is available for 11.36 reimbursements under Minnesota 11.37 Statutes, section 299A.465. 11.38 $508,000 the first year and $508,000 11.39 the second year are for soft body armor 11.40 reimbursements under Minnesota 11.41 Statutes, section 299A.38. 11.42 $792,000 the first year and $792,000 11.43 the second year are appropriated from 11.44 the general fund for transfer by the 11.45 commissioner of finance to the trunk 11.46 highway fund on December 31, 2003, and 11.47 December 31, 2004, respectively, in 11.48 order to reimburse the trunk highway 12.1 fund for expenses not related to the 12.2 fund. These represent amounts 12.3 appropriated out of the trunk highway 12.4 fund for general fund purposes in the 12.5 administration and related services 12.6 program. 12.7 $610,000 the first year and $610,000 12.8 the second year are appropriated from 12.9 the highway user tax distribution fund 12.10 for transfer by the commissioner of 12.11 finance to the trunk highway fund on 12.12 December 31, 2003, and December 31, 12.13 2004, respectively, in order to 12.14 reimburse the trunk highway fund for 12.15 expenses not related to the fund. 12.16 These represent amounts appropriated 12.17 out of the trunk highway fund for 12.18 highway user tax distribution fund 12.19 purposes in the administration and 12.20 related services program. 12.21 $716,000 the first year and $716,000 12.22 the second year are appropriated from 12.23 the highway user tax distribution fund 12.24 for transfer by the commissioner of 12.25 finance to the general fund on December 12.26 31, 2003, and December 31, 2004, 12.27 respectively, in order to reimburse the 12.28 general fund for expenses not related 12.29 to the fund. These represent amounts 12.30 appropriated out of the general fund 12.31 for operation of the criminal justice 12.32 data network related to driver and 12.33 motor vehicle licensing. 12.34 (c) Technical Support Services 12.35 2,454,000 2,454,000 12.36 Summary by Fund 12.37 General 91,000 91,000 12.38 Trunk Highway 2,344,000 2,344,000 12.39 Highway User 19,000 19,000 12.40 Subd. 3. State Patrol 66,332,000 66,332,000 12.41 Summary by Fund 12.42 General 2,871,000 2,871,000 12.43 Trunk Highway 63,369,000 63,369,000 12.44 Highway User 92,000 92,000 12.45 (a) Patrolling Highways 12.46 57,024,000 57,024,000 12.47 Summary by Fund 12.48 General 37,000 37,000 12.49 Trunk Highway 56,895,000 56,895,000 12.50 Highway User 92,000 92,000 12.51 (b) Commercial Vehicle Enforcement 13.1 6,474,000 6,474,000 13.2 This appropriation is from the trunk 13.3 highway fund. 13.4 (c) Capitol Security 13.5 2,834,000 2,834,000 13.6 The commissioner may not (1) spend any 13.7 money from the trunk highway fund for 13.8 capitol security, or (2) permanently 13.9 transfer any state trooper from the 13.10 patrolling highways activity to capitol 13.11 security. 13.12 The commissioner may not transfer any 13.13 money (1) appropriated for department 13.14 of public safety administration, the 13.15 patrolling of highways, commercial 13.16 vehicle enforcement, or driver and 13.17 vehicle services to capitol security or 13.18 (2) from capitol security. 13.19 Subd. 4. Driver and Vehicle Services 13.20 36,910,000 36,870,000 13.21 Summary by Fund 13.22 General 1,774,000 1,774,000 13.23 Trunk Highway 24,402,000 24,362,000 13.24 Highway User 10,734,000 10,734,000 13.25 (a) Vehicle Services 13.26 12,452,000 12,452,000 13.27 Summary by Fund 13.28 General 1,718,000 1,718,000 13.29 Highway User 10,734,000 10,734,000 13.30 (b) Driver Services 13.31 24,458,000 24,418,000 13.32 Summary by Fund 13.33 General 56,000 56,000 13.34 Trunk Highway 24,402,000 24,362,000 13.35 Subd. 5. Traffic Safety 324,000 324,000 13.36 This appropriation is from the trunk 13.37 highway fund. 13.38 The commissioners of public safety and 13.39 transportation shall jointly report 13.40 annually to the chairs and ranking 13.41 minority members of the house of 13.42 representatives and senate committees 13.43 having jurisdiction over transportation 13.44 and public safety finance issues on the 13.45 expenditure of any federal funds 13.46 available under the repeat offender 13.47 transfer program, Public Law 105-206, 14.1 section 164. 14.2 The commissioner of transportation 14.3 shall spend all money available to the 14.4 state under Public Law 105-206, section 14.5 164, for hazard elimination activities 14.6 under United States Code, title 23, 14.7 section 152, and may not transfer any 14.8 part of these funds to any other agency. 14.9 Subd. 6. Pipeline Safety 994,000 994,000 14.10 This appropriation is from the pipeline 14.11 safety account in the special revenue 14.12 fund. 14.13 Subd. 7. Budget Base Reductions Report 14.14 By December 15, 2003, and December 15, 14.15 2004, the commissioner of public safety 14.16 shall report to the chairs of the 14.17 senate and house of representatives 14.18 committees with jurisdiction over 14.19 transportation policy and finance 14.20 regarding the distribution of and 14.21 impacts of the base budget reductions 14.22 to administration and related services, 14.23 driver and vehicle services, and 14.24 capitol security. The report must 14.25 include a description of the program 14.26 activities with reduced spending levels 14.27 and the impacts on the department's 14.28 performance. The report must identify 14.29 the total number of positions that were 14.30 reduced or eliminated, the number of 14.31 positions reduced or eliminated in each 14.32 of the bargaining units represented 14.33 within the department, and the impact 14.34 on the number of women and minorities 14.35 employed by the department and the 14.36 department's affirmative action goals. 14.37 Sec. 5. GENERAL CONTINGENT 14.38 ACCOUNTS 375,000 375,000 14.39 Summary by Fund 14.40 Trunk Highway 200,000 200,000 14.41 Highway User 125,000 125,000 14.42 Airports 50,000 50,000 14.43 The appropriations in this section may 14.44 only be spent with the approval of the 14.45 governor after consultation with the 14.46 legislative advisory commission 14.47 pursuant to Minnesota Statutes, section 14.48 3.30. 14.49 If an appropriation in this section for 14.50 either year is insufficient, the 14.51 appropriation for the other year is 14.52 available for it. 14.53 Sec. 6. TORT CLAIMS 600,000 600,000 14.54 To be spent by the commissioner of 14.55 finance. 14.56 This appropriation is from the trunk 15.1 highway fund. 15.2 If the appropriation for either year is 15.3 insufficient, the appropriation for the 15.4 other year is available for it. 15.5 ARTICLE 2 15.6 OTHER CHANGES RELATED TO TRANSPORTATION 15.7 AND PUBLIC SAFETY 15.8 Section 1. Minnesota Statutes 2002, section 13.44, 15.9 subdivision 3, is amended to read: 15.10 Subd. 3. [REAL PROPERTY; APPRAISAL DATA.] (a) 15.11 [CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 15.12 appraised values of individual parcels of real property which 15.13 are made by personnel of the state, its agencies and 15.14 departments, or a political subdivision or by independent 15.15 appraisers acting for the state, its agencies and departments, 15.16 or a political subdivision for the purpose of selling or 15.17 acquiring land through purchase or condemnation are classified 15.18 as confidential data on individuals or protected nonpublic data. 15.19 (b) [PUBLIC DATA.] The data made confidential or protected 15.20 nonpublic by the provisions of paragraph (a) shall become public 15.21 upon the occurrence of any of the following: 15.22 (1) the negotiating parties exchange appraisals; 15.23 (2) the data are submitted to a court appointed 15.24 condemnation commissioner; 15.25 (3) the data are presented in court in condemnation 15.26 proceedings;
or15.27 (4) the negotiating parties enter into an agreement for the 15.28 purchase and sale of the property; or 15.29 (5) the data are submitted to the owner under section 15.30 117.036. 15.31 Sec. 2. Minnesota Statutes 2002, section 16A.88, 15.32 subdivision 1, is amended to read: 15.33 Subdivision 1. [GREATER MINNESOTA TRANSIT FUND.] The 15.34 greater Minnesota transit fund is established within the state 15.35 treasury. Money in the fund is annually appropriated to the 15.36 commissioner of transportation for assistance to transit systems 15.37 outside the metropolitan area under section 174.24. Beginning 16.1 in fiscal year 2003, the commissioner may use up to $400,000 16.2 each year for administration of the transit program. The 16.3 commissioner shall use the fund for transit operations as 16.4 provided in section 174.24 and related program administration. 16.5 Sec. 3. [117.036] [APPRAISAL AND NEGOTIATION REQUIREMENTS 16.6 APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION 16.7 PURPOSES.] 16.8 Subdivision 1. [APPLICATION.] This section applies to the 16.9 acquisition of property for public highways, streets, roads, 16.10 alleys, airports, mass transit facilities, or for other 16.11 transportation facilities or purposes. 16.12 Subd. 2. [APPRAISAL.] (a) Before commencing an eminent 16.13 domain proceeding under this chapter, the acquiring authority 16.14 must obtain at least one appraisal for the property proposed to 16.15 be acquired. In making the appraisal, the appraiser must confer 16.16 with one or more of the owners of the property, if reasonably 16.17 possible. At least 20 days before presenting a petition under 16.18 section 117.055, the acquiring authority must provide the owner 16.19 with a copy of the appraisal and inform the owner of the owner's 16.20 right to obtain an appraisal under this section. 16.21 (b) The owner may obtain an appraisal by a qualified 16.22 appraiser of the property proposed to be acquired. The owner is 16.23 entitled to reimbursement for the reasonable costs of the 16.24 appraisal from the acquiring authority up to a maximum of $1,500 16.25 within 30 days after the owner submits to the acquiring 16.26 authority the information necessary for reimbursement, provided 16.27 that the owner does so within 60 days after the owner receives 16.28 the appraisal from the authority under paragraph (a). 16.29 Subd. 3. [NEGOTIATION.] In addition to the appraisal 16.30 requirements under subdivision 2, before commencing an eminent 16.31 domain proceeding, the acquiring authority must make a good 16.32 faith attempt to negotiate personally with the owner of the 16.33 property in order to acquire the property by direct purchase 16.34 instead of the use of eminent domain proceedings. In making 16.35 this negotiation, the acquiring authority must consider the 16.36 appraisals in its possession and other information that may be 17.1 relevant to a determination of damages under this chapter. 17.2 Sec. 4. Minnesota Statutes 2002, section 117.232, 17.3 subdivision 1, is amended to read: 17.4 Subdivision 1. When acquisition of private property is 17.5 accomplished by the state department of transportation by direct 17.6 purchase the owner shall be entitled to reimbursement for 17.7 appraisal fees, not to exceed a total of $500$1,500. When 17.8 acquisition of private property is accomplished by any other 17.9 acquiring authority, the owner is entitled to reimbursement for 17.10 appraisal fees, not to exceed $500$1,500, if the owner is 17.11 otherwise entitled to reimbursement under sections 117.50 to 17.12 117.56. The purchaser in all instances shall inform the owner 17.13 of the right, if any, to reimbursement for appraisal fees 17.14 reasonably incurred, in an amount not to exceed $500$1,500, 17.15 together with relocation costs, moving costs and any other 17.16 related expenses to which an owner is entitled by sections 17.17 117.50 to 117.56. This subdivision does not apply to 17.18 acquisition for utility purposes made by a public service 17.19 corporation organized pursuant to section 300.03 or electric 17.20 cooperative associations organized pursuant to chapter 308A. 17.21 Sec. 5. Minnesota Statutes 2002, section 138.40, 17.22 subdivision 2, is amended to read: 17.23 Subd. 2. [COMPLIANCE, ENFORCEMENT, PRESERVATION.] State 17.24 and other governmental agencies shall comply with and aid in the 17.25 enforcement of provisions of sections 138.31 to 138.42. 17.26 Conservation officers and other enforcement officers of the 17.27 department of natural resources shall enforce the provisions of 17.28 sections 138.31 to 138.42 and report violations to the director 17.29 of the society. When archaeological or historic sites are known 17.30 or, based on scientific investigations orare suspected17.31 predicted to exist on public lands or waters, the agency or 17.32 department controlling said lands or waters shall use the 17.33 professional services of archaeologists from the University of 17.34 Minnesota, Minnesota historical society, or other qualified 17.35 professional archaeologists, to preserve these sites. In the 17.36 event that archaeological excavation is required to protect or 18.1 preserve these sites, state and other governmental agencies may 18.2 use their funds for such activities. 18.3 Sec. 6. Minnesota Statutes 2002, section 138.40, 18.4 subdivision 3, is amended to read: 18.5 Subd. 3. [REVIEW OF PLANS.] When significant 18.6 archaeological or historic sites are known or suspected, based 18.7 on scientific investigations, are predicted to exist on public 18.8 lands or waters, the agency or department controlling said lands 18.9 or waters shall submit construction or development plans to the 18.10 state archaeologist and the director of the society for review 18.11 prior to the time bids are advertised. The state archaeologist 18.12 and the society shall promptly review such plans and within 30 18.13 days of receiving the plans shall make recommendations for the 18.14 preservation of archaeological or historic sites which may be 18.15 endangered by construction or development activities. When 18.16 archaeological or historic sites are related to Indian history 18.17 or religion, the state archaeologist shall submit the plans to 18.18 the Indian affairs council for the council's review and 18.19 recommend action. 18.20 Sec. 7. [160.93] [USER FEES; HIGH-OCCUPANCY VEHICLE 18.21 LANES.] 18.22 Subdivision 1. [FEES AUTHORIZED.] To improve efficiency 18.23 and provide more options to individuals traveling in a trunk 18.24 highway corridor, the commissioner of transportation may charge 18.25 user fees to owners or operators of single-occupant vehicles 18.26 using designated high-occupancy vehicle lanes. The fees may be 18.27 collected using electronic or other toll-collection methods and 18.28 may vary in amount with the time of day and level of traffic 18.29 congestion within the corridor. The commissioner shall consult 18.30 with the metropolitan council and obtain necessary federal 18.31 authorizations before implementing user fees on a high-occupancy 18.32 vehicle lane. Fees under this section are not subject to 18.33 section 16A.1283. 18.34 Subd. 2. [DEPOSIT OF REVENUES; APPROPRIATION.] Money 18.35 collected from fees authorized under subdivision 1 must be 18.36 deposited in a high-occupancy vehicle lane user fee account in 19.1 the special revenue fund. A separate account must be 19.2 established for each trunk highway corridor. Money in the 19.3 account is appropriated to the commissioner. From this 19.4 appropriation the commissioner shall first repay the trunk 19.5 highway fund and any other fund source for money spent to 19.6 install equip or modify the corridor for the purposes of 19.7 subdivision 1, and then shall pay all the costs of implementing 19.8 and administering the fee collection system for that corridor. 19.9 The commissioner shall spend remaining money in the account as 19.10 follows: 19.11 (1) one-half must be spent for transportation capital 19.12 improvements within the corridor; and 19.13 (2) one-half must be transferred to the metropolitan 19.14 council for expansion and improvement of bus transit services 19.15 within the corridor beyond the level of service provided on the 19.16 date of implementation of subdivision 1. 19.17 Subd. 3. [EXEMPTIONS.] With respect to this section, the 19.18 commissioner is exempt from statutory rulemaking requirements, 19.19 including section 14.386, and from sections 160.84 to 160.92 and 19.20 161.162 to 161.167. 19.21 Subd. 4. [PROHIBITION.] No person may operate a single 19.22 occupant vehicle in a designated high-occupancy vehicle lane 19.23 except in compliance with the requirements of the commissioner. 19.24 A person who violates this subdivision is guilty of a petty 19.25 misdemeanor and is subject to sections 169.89, subdivisions 1, 19.26 2, and 4, and 169.891 and any other provision of chapter 169 19.27 applicable to the commission of a petty misdemeanor traffic 19.28 offense. 19.29 Sec. 8. Minnesota Statutes 2002, section 161.08, is 19.30 amended to read: 19.31 161.08 [ BOOKS OF ACCOUNTRECORDS AND REPORTS.] 19.32 Subdivision 1. [BOOKS OF ACCOUNT.] (a) The commissioner 19.33 shall keep accurate and complete books of account as may be 19.34 prescribed by the commissioner of finance, the same to show in 19.35 detail itemized receipts and disbursements of the trunk highway 19.36 fund. The books of account shall show the following facts, 20.1 among others: 20.2 (1) the expenses of maintaining the transportation 20.3 department, including the salaries and expenses of the 20.4 individual members thereof; 20.5 (2) the amounts of money expended in each county of the 20.6 state for the construction of trunk highways, and when, where, 20.7 and upon what job or portion of road expended so that the cost 20.8 per mile of such construction can be easily ascertained; 20.9 (3) any other money expended by the state in connection 20.10 with any roads other than trunk highways and when, where, and 20.11 upon what portion of road so expended; and 20.12 (4) the amount of road equipment and materials purchased, 20.13 and when, where, and from whom purchased, and the price paid for 20.14 each item. 20.15 (b) The original invoices shall form a part of the 20.16 permanent files and records in the department of transportation 20.17 and be open to public inspection. 20.18 Subd. 2. [BIENNIAL REPORT.] No later than October 15 of 20.19 each odd-numbered year, the commissioner shall report to the 20.20 legislature the total expenditures from the trunk highway fund 20.21 during the previous biennium in each of the following 20.22 categories: road construction; planning; professional and 20.23 technical contracts; design and engineering; labor; compliance 20.24 with environmental requirements; acquisition of right-of-way; 20.25 litigation costs, including payment of claims, settlements, and 20.26 judgments; maintenance; and road operations. As part of each 20.27 report the commissioner shall select two representative trunk 20.28 highway construction projects, one each from the department's 20.29 metropolitan district and from greater Minnesota, and for each 20.30 project report the cost of environmental mitigation and 20.31 compliance. 20.32 Sec. 9. Minnesota Statutes 2002, section 161.20, 20.33 subdivision 3, is amended to read: 20.34 Subd. 3. [TRUNK HIGHWAY FUND APPROPRIATIONS.] The 20.35 commissioner may expend trunk highway funds only for trunk 20.36 highway purposes. Payment of expenses related to sales tax,21.1 bureau of criminal apprehension laboratory, office of tourism 21.2 kiosks, Minnesota safety council, tort claims, driver education 21.3 programs, emergency medical services board, and Mississippi 21.4 River parkway commission do not further a highway purpose and do 21.5 not aid in the construction, improvement, or maintenance of the 21.6 highway system. 21.7 Sec. 10. [161.368] [HIGHWAY MAINTENANCE, DESIGN, AND 21.8 CONSTRUCTION CONTRACT WITH TRIBAL AUTHORITIES.] 21.9 On behalf of the state, the commissioner may enter into 21.10 agreements with Indian tribal authorities for the purpose of 21.11 providing maintenance, design, and construction to highways on 21.12 tribal lands. These agreements may include (1) a provision for 21.13 waiver of immunity from suit by a party to the contract on the 21.14 part of the tribal authority with respect to any controversy 21.15 arising out of the contract and (2) a provision conferring 21.16 jurisdiction on state district courts to hear such a controversy. 21.17 Sec. 11. Minnesota Statutes 2002, section 163.11, is 21.18 amended by adding a subdivision to read: 21.19 Subd. 4a. [DESIGNATION AS COUNTY CARTWAY.] A county board 21.20 that has vacated a county highway under subdivision 4 may 21.21 designate, as part of the vacating resolution, the former county 21.22 highway as a county cartway. A highway designated as a county 21.23 cartway is a county highway for purposes of this chapter, but 21.24 the county board may not expend money from its road and bridge 21.25 fund on the maintenance or improvement of a county cartway 21.26 unless the county board determines that the expenditure is in 21.27 the public interest. With the exception of the process provided 21.28 in subdivision 5a, a county highway right-of-way that has been 21.29 vacated, extinguished, or otherwise removed from the county 21.30 highway system may not revert to a town. 21.31 Sec. 12. Minnesota Statutes 2002, section 163.11, is 21.32 amended by adding a subdivision to read: 21.33 Subd. 9. [TRANSFER OF JURISDICTION OVER COUNTY 21.34 HIGHWAY.] Notwithstanding subdivision 5, the county board may 21.35 transfer jurisdiction and ownership of a county highway to 21.36 another road authority, an agency of the United States, an 22.1 agency of the state, or to an Indian tribe upon agreement 22.2 between the county and the authority, agency, or tribe to which 22.3 the transfer is being made. Subdivision 5a provides the 22.4 exclusive method of county highway reversion to towns. 22.5 Sec. 13. Minnesota Statutes 2002, section 164.12, is 22.6 amended to read: 22.7 164.12 [ROAD ON TOWN LINE.] 22.8 Subdivision 1. [PROPOSAL TO ESTABLISH; MAINTAIN.] When 22.9 adjoining towns propose to establish, alter, orvacate, or 22.10 maintain a road on or along the line between such towns they 22.11 shall proceed as hereinafter provided. 22.12 Subd. 2. [DIVISION OF RESPONSIBILITIES.] The town boards 22.13 shall divide the length of the road proposed to be established, 22.14 altered, orvacated, or maintained into two parts. When it is 22.15 proposed to establish or alter a road, the division shall be 22.16 made so as to divide as nearly equal as possible the cost of 22.17 right-of-way, construction, and maintenance of the entire road. 22.18 If the proposal is to vacate a road, the division shall be made 22.19 so as to divide as nearly equal as possible any damages that may 22.20 be occasioned thereby. 22.21 Subd. 3. [AGREEMENT.] After the division the boards shall 22.22 enter into an agreement specifying which part shall be vacated, 22.23 or opened, constructed, and maintained by each. Thereafter, 22.24 each board shall proceed in the manner and subject to the same 22.25 review as provided in section 164.06 or section 164.07. 22.26 Subd. 4. [JOINT CONTRACT.] When a town line road is 22.27 established or, altered, or maintained as provided herein, the 22.28 boards may jointly let a contract covering all or part of the 22.29 work to be performed on the road. If a joint contract is not 22.30 let each town board shall open and construct its portion thereof 22.31 as expeditiously as possible. 22.32 Subd. 5. [PORTION OF ROAD TAKEN BY STATE OR COUNTY.] If a 22.33 portion of a town line road is taken over by the state as a 22.34 trunk highway, or by a county as a county state-aid highway or 22.35 county highway, the town boards concerned shall divide the 22.36 portions of the town line road not taken over by the state or 23.1 county, so that the cost of construction, reconstruction, and 23.2 maintenance thereof will be apportioned as nearly equal as 23.3 possible. After such division the boards shall enter into an 23.4 agreement specifying which part shall be constructed and 23.5 maintained by each. 23.6 Subd. 6. [FAILURE TO AGREE.] (a) When the town boards 23.7 cannot agree upon a division as provided in subdivision 2 or 23.8 subdivision 5, or upon the petition of either town board when a 23.9 division previously agreed upon has proved to be inequitable, 23.10 the county board, or where the road is on a county line the 23.11 county boards of the counties concerned, shall determine the 23.12 proper division of responsibility. In making such division the 23.13 county board or boards shall follow the procedure provided for 23.14 in subdivision 2 or 5. Where deemed necessary the services of 23.15 the county engineer may be used. 23.16 (b) When for any reason an agreement under paragraph (a) 23.17 cannot be reached, the town board of either or both towns may 23.18 request to have the matter determined through mediation, 23.19 arbitration, mediation-arbitration (med-arb), or other form of 23.20 alternative dispute resolution as described in Rule 114.02 of 23.21 the General Rules of Practice for the District Courts. The 23.22 parties may select a neutral who does not qualify under Rule 23.23 114.02. Mediated settlement agreements must be in accordance 23.24 with the Minnesota Civil Mediation Act, sections 572.31 to 23.25 572.40. Arbitrated agreements and med-arb agreements must be 23.26 final and binding. 23.27 Sec. 14. Minnesota Statutes 2002, section 168.011, 23.28 subdivision 22, is amended to read: 23.29 Subd. 22. [SPECIAL MOBILE EQUIPMENT.] "Special mobile 23.30 equipment" means every vehicle not designed or used primarily 23.31 for the transportation of persons or property and only 23.32 incidentally operated or moved over a highway, including but not 23.33 limited to: ditch-digging apparatuses, moving dollies, pump 23.34 hoists and other water well-drilling equipment registered under 23.35 chapter 103I, street-sweeping vehicles, and other machinery such 23.36 as asphalt spreaders, bituminous mixers, bucket loaders, 24.1 tractors other than truck-tractors, ditchers, leveling graders, 24.2 finishing machines, motor graders, road rollers, scarifiers, 24.3 truck-mounted log loaders, earth-moving carryalls, scrapers, 24.4 power shovels, draglines, self-propelled cranes, and 24.5 earth-moving equipment. The term does not include travel 24.6 trailers, dump trucks, truck-mounted transit mixers, 24.7 truck-mounted feed grinders, or other motor vehicles designed 24.8 for the transportation of persons or property to which machinery 24.9 has been attached. 24.10 Sec. 15. Minnesota Statutes 2002, section 168.013, 24.11 subdivision 3, is amended to read: 24.12 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 24.13 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 24.14 gross weight shall state the unloaded weight of the motor 24.15 vehicle, trailer, or semitrailer and the maximum load the 24.16 applicant proposes to carry on it, the sum of which constitutes 24.17 the gross weight upon which the license tax must be paid. 24.18 However, the declared gross weight upon which the tax is paid 24.19 must not be less than 1-1/4 times the declared unloaded weight 24.20 of the motor vehicle, trailer, or semitrailer to be registered, 24.21 except recreational vehicles taxed under subdivision 1g, school 24.22 buses taxed under subdivision 18, and tow trucks or towing 24.23 vehicles defined in section 169.01, subdivision 52. The gross 24.24 weight of a tow truck or towing vehicle is the actual weight of 24.25 the tow truck or towing vehicle fully equipped, but does not 24.26 include the weight of a wrecked or disabled vehicle towed or 24.27 drawn by the tow truck or towing vehicle. 24.28 (b) The gross weight of a motor vehicle, trailer, or 24.29 semitrailer must not exceed the gross weight upon which the 24.30 license tax has been paid by more than four percent or 1,000 24.31 pounds, whichever is greater; provided that, a vehicle 24.32 transporting unfinished forest products on a highway, other than 24.33 a highway that is part of the system of interstate and defense 24.34 highways, unless a federal exemption is granted, in accordance 24.35 with paragraph (d)(3): 24.36 (1) shall not exceed its gross vehicle weight upon which 25.1 the license tax has been paid, or gross axle weight on any axle, 25.2 by more than five percent and, notwithstanding other law to the 25.3 contrary, is not subject to any fee, fine, or other assessment 25.4 or penalty for exceeding a gross vehicle or axle weight by up to 25.5 five percent; and 25.6 (2) between the dates set by the commissioner in accordance 25.7 with section 169.826, subdivision 1, is not subject to any 25.8 provision of paragraph (d) or chapter 169 limiting the gross 25.9 axle weight of any individual axle unless the entire vehicle 25.10 also exceeds its gross vehicle weight plus its weight allowance 25.11 allowed in clause (1) and plus any weight allowance permitted 25.12 under section 169.826, in which case the vehicle is subject to 25.13 all applicable penalties for excess weight violations. 25.14 (c) The gross weight of the motor vehicle, trailer, or 25.15 semitrailer for which the license tax is paid must be indicated 25.16 by a distinctive character on the license plate or plates except 25.17 as provided in subdivision 12 and the plate or plates must be 25.18 kept clean and clearly visible at all times. 25.19 (d) The owner, driver, or user of a motor vehicle, trailer, 25.20 or semitrailer, upon conviction for transporting a gross weight 25.21 in excess of the gross weight for which it was registered or for 25.22 operating a vehicle with an axle weight exceeding the maximum 25.23 lawful axle load weight, is guilty of a misdemeanor and subject 25.24 to increased registration or reregistration according to the 25.25 following schedule: 25.26 (1) Upon conviction for transporting a gross weight in 25.27 excess of the gross weight for which a motor vehicle, trailer, 25.28 or semitrailer is registered by more than the allowance set 25.29 forth in paragraph (b) but less than 25 percent, or for 25.30 operating or using a motor vehicle, trailer, or semitrailer with 25.31 an axle weight exceeding the maximum lawful axle load as 25.32 provided in sections 169.822 to 169.829 by more than the 25.33 allowance set forth in paragraph (b) but less than 25 percent, 25.34 the owner, driver, or user of the motor vehicle, trailer, or 25.35 semitrailer used to commit the violation, in addition to any 25.36 penalty imposed for the misdemeanor, shall apply to the 26.1 registrar to increase the authorized gross weight to be carried 26.2 on the vehicle to a weight equal to or greater than the gross 26.3 weight the owner, driver, or user was convicted of carrying. 26.4 The increase is computed for the balance of the calendar year on 26.5 the basis of 1/12 of the annual tax for each month remaining in 26.6 the calendar year beginning with the first day of the month in 26.7 which the violation occurred. If the additional registration 26.8 tax computed upon that weight, plus the tax already paid, 26.9 amounts to more than the regular tax for the maximum gross 26.10 weight permitted for the vehicle under sections 169.822 to 26.11 169.829, that additional amount must nevertheless be paid into 26.12 the highway fund, but the additional tax thus paid does not 26.13 authorize or permit any person to operate the vehicle with a 26.14 gross weight in excess of the maximum legal weight as provided 26.15 by sections 169.822 to 169.829. Unless the owner within 30 days 26.16 after a conviction applies to increase the authorized weight and 26.17 pays the additional tax as provided in this section, the 26.18 registrar shall revoke the registration on the vehicle and 26.19 demand the return of the registration card and plates issued on 26.20 that registration. 26.21 (2) Upon conviction of an owner, driver, or user of a motor 26.22 vehicle, trailer, or semitrailer for transporting a gross weight 26.23 in excess of the gross weight for which the motor vehicle, 26.24 trailer, or semitrailer was registered by 25 percent or more or 26.25 for operating or using the vehicle or trailer with an axle 26.26 weight exceeding the maximum lawful axle load as provided in 26.27 sections 169.822 to 169.829 by 25 percent or more, and in 26.28 addition to any penalty imposed for the misdemeanor, the 26.29 registrar shall either (i) cancel the reciprocity privileges on 26.30 the vehicle involved if the vehicle is being operated under 26.31 reciprocity or (ii) if the vehicle is not being operated under 26.32 reciprocity, cancel the certificate of registration on the 26.33 vehicle operated and demand the return of the registration 26.34 certificate and registration plates. The registrar may not 26.35 cancel the registration or reciprocity privileges for any 26.36 vehicle found in violation of seasonal load restrictions imposed 27.1 under section 169.87 unless the axle weight exceeds the 27.2 year-round weight limit for the highway on which the violation 27.3 occurred. The registrar may investigate any allegation of gross 27.4 weight violations and demand that the operator show cause why 27.5 all future operating privileges in the state should not be 27.6 revoked unless the additional tax assessed is paid. 27.7 (3) Clause (1) does not apply to the first haul of 27.8 unprocessed or raw farm products or unfinished forest products, 27.9 when the registered gross weight is not exceeded by more than 27.10 ten percent. For purposes of this clause, "first haul" means 27.11 (i) the first, continuous transportation of unprocessed or raw 27.12 farm products from the place of production or on-farm storage 27.13 site to any other location within 50 miles of the place of 27.14 production or on-farm storage site, or (ii) the continuous or 27.15 noncontinuous transportation of unfinished forest products from 27.16 the place of production to the place of final processing or 27.17 manufacture located within 200 miles of the place of production. 27.18 (4) When the registration on a motor vehicle, trailer, or 27.19 semitrailer is revoked by the registrar according to this 27.20 section, the vehicle must not be operated on the highways of the 27.21 state until it is registered or reregistered, as the case may 27.22 be, and new plates issued, and the registration fee is the 27.23 annual tax for the total gross weight of the vehicle at the time 27.24 of violation. The reregistration pursuant to this subdivision 27.25 of any vehicle operating under reciprocity agreements pursuant 27.26 to section 168.181 or 168.187 must be at the full annual 27.27 registration fee without regard to the percentage of vehicle 27.28 miles traveled in this state. 27.29 Sec. 16. Minnesota Statutes 2002, section 168.12, 27.30 subdivision 2e, is amended to read: 27.31 Subd. 2e. [VOLUNTEER AMBULANCE ATTENDANTS; SPECIAL 27.32 PLATES.] (a) The registrar shall issue special license plates to 27.33 an applicant who is a volunteer ambulance attendant as defined 27.34 in section 144E.001, subdivision 15, and who owns or jointly 27.35 owns a motor vehicle taxed as a passenger automobile. The 27.36 registrar shall issue the special plates on payment of the 28.1 registration tax required by law for the vehicle, compliance 28.2 with all other applicable laws relating to registration and 28.3 licensing of motor vehicles and drivers, and payment of an 28.4 additional fee of $10. The registrar shall not issue more than 28.5 one settwo sets of these plates to each qualified applicant. 28.6 (b) A person may use special plates issued under this 28.7 subdivision only during the period that the person is a 28.8 volunteer ambulance attendant. When the person to whom the 28.9 special plates were issued ceases to be a volunteer ambulance 28.10 attendant, orthe person shall return each set of special plates 28.11 issued to that person. When ownership of thea vehicle is 28.12 transferred, the person shall remove the special plates from the28.13 that vehicle and return them to the registrar. On return of the28.14 each set of plates, the owner of the vehicle, or new owner in 28.15 case of a transferred vehicle, is entitled to receive regular 28.16 license plates for the vehicle without cost for the rest of the 28.17 registration period for which the set of special plates were 28.18 issued. Special plates issued under this subdivision may be 28.19 transferred to another vehicle owned by the volunteer ambulance 28.20 attendant on payment of a fee of $5. 28.21 (c) The fees specified in this subdivision must be paid 28.22 into the state treasury and deposited in the highway user tax 28.23 distribution fund. 28.24 (d) The commissioner may adopt rules governing the design, 28.25 issuance, and sale of the special plates authorized by this 28.26 subdivision. 28.27 Sec. 17. Minnesota Statutes 2002, section 168.12, 28.28 subdivision 5, is amended to read: 28.29 Subd. 5. [ADDITIONAL FEE.] (a) In addition to any fee 28.30 otherwise authorized or any tax otherwise imposed upon any motor 28.31 vehicle, the payment of which is required as a condition to the 28.32 issuance of any number license plate or plates, the commissioner 28.33 of public safety mayshall impose athe fee specified in 28.34 paragraph (b) that is calculated to cover the cost of 28.35 manufacturing and issuing the license plate or plates, except 28.36 for license plates issued to disabled veterans as defined in 29.1 section 168.031 and license plates issued pursuant to section 29.2 168.124, 168.125, or 168.27, subdivisions 16 and 17, for 29.3 passenger automobiles. Graphic design license plates shall only 29.4 be issued for vehicles registered pursuant to section 168.017 29.5 and recreational vehicles registered pursuant to section 29.6 168.013, subdivision 1g. 29.7 (b) Unless otherwise specified or exempted by statute, the 29.8 following plate and validation sticker fees apply for the 29.9 original, duplicate, or replacement issuance of a plate in a 29.10 plate year: 29.11 Sequential Double Plate $ 4.25 29.12 Sequential Special Plate-Double $ 7.00 29.13 Sequential Single Plate $ 3.00 29.14 Sequential Special Plate-Single $ 5.50 29.15 Self-Adhesive Plate $ 2.50 29.16 Nonsequential Double Plate $14.00 29.17 Nonsequential Single Plate $10.00 29.18 Duplicate Sticker $ 1.00 29.19 (c) Fees collected under this subdivision must be paid into 29.20 the state treasury and credited to the highway user tax 29.21 distribution fund. 29.22 Sec. 18. [168.1293] [SPECIAL LICENSE PLATES; 29.23 AUTHORIZATION; DISCONTINUANCE.] 29.24 Subdivision 1. [DEFINITION.] For purposes of this section 29.25 and section 168.1297 "special license plate" means a license 29.26 plate that is authorized by law to have wording and graphics 29.27 that differ from a Minnesota passenger vehicle license plate. 29.28 Subd. 2. [SUBMISSIONS TO DEPARTMENT.] (a) A person, legal 29.29 entity, or other requester, however organized, that plans to 29.30 seek legislation establishing a new special license plate shall 29.31 submit the following information and fee to the department of 29.32 public safety: 29.33 (1) The requester shall submit a request for the special 29.34 license plate being sought, describing the proposed license 29.35 plate in general terms, the purpose of the plate, and the 29.36 proposed fee or minimum contribution required for the plate. 30.1 (2) The requester shall submit the results of a scientific 30.2 sample survey of Minnesota motor vehicle owners that indicates 30.3 that at least 10,000 motor vehicle owners intend to purchase the 30.4 proposed plate with the proposed fee or minimum contribution. 30.5 The requester's plan to undertake the survey must be reported to 30.6 the department before the survey is undertaken. The survey must 30.7 be performed independently of the requester by another person or 30.8 legal entity, however organized, that conducts similar sample 30.9 surveys in the normal course of business. 30.10 (3) The requester shall submit an application fee of 30.11 $20,000, to cover the department's cost of reviewing the 30.12 application and developing the special license plate if 30.13 authorized. State funds may not be used to pay the application 30.14 fee. 30.15 (4) The requester shall submit a marketing strategy that 30.16 contains (i) short-term and long-term marketing plans for the 30.17 requested plate, and (ii) a financial analysis showing the 30.18 anticipated revenues and the planned expenditures of any fee or 30.19 contribution derived from the requested plate. 30.20 (b) The requester shall submit the information required 30.21 under paragraph (a) to the department at least 120 days before 30.22 the convening of the next regular legislative session at which 30.23 the requester will submit the proposal. 30.24 Subd. 3. [DESIGN; REDESIGN.] (a) If the special license 30.25 plate sought by the requester is approved by law, the requester 30.26 shall submit the proposed design for the plate to the department 30.27 as soon as practicable, but not later than 120 days after the 30.28 effective date of the law authorizing issuance of the plate. 30.29 The department is responsible for selecting the final design for 30.30 the special license plate. 30.31 (b) The requester that originally requested a special 30.32 license plate subsequently approved by law may not submit a new 30.33 design for the plate within the five years following the date of 30.34 first issuance of the plate unless the inventory of those plates 30.35 has been exhausted. The requester may deplete the remaining 30.36 inventory of the plates by reimbursing the department for the 31.1 cost of the plates. 31.2 Subd. 4. [REFUND OF FEE.] If the special license plate 31.3 requested is not authorized in the legislative session at which 31.4 authorization was sought, the department shall refund $17,500 of 31.5 the application fee to the requester. 31.6 Subd. 5. [DISCONTINUANCE OF PLATE.] (a) The department 31.7 shall discontinue the issuance or renewal of any special license 31.8 plate if (1) fewer than 1,000 sets of those plates are currently 31.9 registered at the end of the first six years during which the 31.10 plates are available, or (2) fewer than 1,000 sets of those 31.11 plates are currently registered at the end of any subsequent 31.12 two-year period following the first six years of availability. 31.13 (b) The department may discontinue the issuance or renewal 31.14 of any special license plate, and distribution of any 31.15 contributions resulting from that plate, if the department 31.16 determines that (1) the fund or requester receiving the 31.17 contributions no longer exists, (2) the requester has stopped 31.18 providing services that are authorized to be funded from the 31.19 contribution proceeds, (3) the requester has requested 31.20 discontinuance, or (4) contributions have been used in violation 31.21 of subdivision 6. 31.22 (c) Nothing in this subdivision applies to license plates 31.23 issued under section 168.123, 168.124, 168.125, or 168.1255. 31.24 Subd. 6. [USE OF CONTRIBUTIONS.] Contributions made as a 31.25 condition of obtaining a special license plate, and interest 31.26 earned on the contributions, may not be spent for commercial or 31.27 for-profit purposes. 31.28 Subd. 7. [DEPOSIT OF FEE; APPROPRIATION.] The commissioner 31.29 shall deposit the application fee under subdivision 2, paragraph 31.30 (a), clause (3), in the highway user tax distribution fund. An 31.31 amount sufficient to pay the department's cost in implementing 31.32 and administering this section, including payment of refunds 31.33 under subdivision 4, is appropriated to the commissioner. 31.34 Sec. 19. [168.1297] [SPECIAL "ROTARY MEMBER" LICENSE 31.35 PLATES.] 31.36 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The 32.1 registrar shall issue special "Rotary member" license plates to 32.2 an applicant who: 32.3 (1) is an owner or joint owner of a passenger automobile, 32.4 pickup truck, or van; 32.5 (2) pays a fee of $10 to cover the costs of handling and 32.6 manufacturing the plates; 32.7 (3) pays the registration tax required under section 32.8 168.013; 32.9 (4) pays the fees required under this chapter; 32.10 (5) submits proof to the registrar that the applicant is a 32.11 member of Rotary International; and 32.12 (6) complies with laws and rules governing registration and 32.13 licensing of vehicles and drivers. 32.14 Subd. 2. [DESIGN.] A special license plate under this 32.15 section consists of a special license plate as described in 32.16 section 168.1291 with a unique symbol that is the recognized 32.17 emblem of Rotary International. 32.18 Subd. 3. [COMPLIANCE WITH OTHER LAW.] The commissioner 32.19 shall take no action under this section unless the commissioner 32.20 determines that Rotary International, or one or more districts 32.21 of Rotary International, has complied with section 168.1293, 32.22 subdivision 2, paragraph (a). Issuance and renewal of license 32.23 plates under this section are subject to section 168.1293, 32.24 subdivisions 3 to 6. 32.25 Sec. 20. Minnesota Statutes 2002, section 168.54, 32.26 subdivision 4, is amended to read: 32.27 Subd. 4. [TRANSFER FEE.] A fee of $2$3 is imposed upon 32.28 every transfer of ownership by the commissioner of public safety 32.29 of any motor vehicle for which a registration certificate has 32.30 heretofore been issued under this chapter, except vehicles sold 32.31 for the purposes of salvage or dismantling or permanent removal 32.32 from the state. 32.33 Sec. 21. Minnesota Statutes 2002, section 168A.29, 32.34 subdivision 1, is amended to read: 32.35 Subdivision 1. [AMOUNTS.] (a) The department shall be paid 32.36 the following fees: 33.1 (1) for filing an application for and the issuance of an 33.2 original certificate of title, the sum of $2$3; 33.3 (2) for each security interest when first noted upon a 33.4 certificate of title, including the concurrent notation of any 33.5 assignment thereof and its subsequent release or satisfaction, 33.6 the sum of $2, except that no fee is due for a security interest 33.7 filed by a public authority under section 168A.05, subdivision 33.8 8; 33.9 (3) for the transfer of the interest of an owner and the 33.10 issuance of a new certificate of title, the sum of $2$3; 33.11 (4) for each assignment of a security interest when first 33.12 noted on a certificate of title, unless noted concurrently with 33.13 the security interest, the sum of $1; 33.14 (5) for issuing a duplicate certificate of title, the sum 33.15 of $4. 33.16 (b) After June 30, 1994, in addition to each of the fees 33.17 required under paragraph (a), clauses (1) and (3), the 33.18 department shall be paid $3.50. The additional fee collected 33.19 under this paragraph must be deposited in the special revenue 33.20 fund and credited to the public safety motor vehicle account 33.21 established in section 299A.70. 33.22 Sec. 22. Minnesota Statutes 2002, section 169.14, 33.23 subdivision 5a, is amended to read: 33.24 Subd. 5a. [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) 33.25 Local authorities may establish a school speed limit within a 33.26 school zone of a public or nonpublic school upon the basis of an 33.27 engineering and traffic investigation as prescribed by the 33.28 commissioner of transportation. The establishment of a school 33.29 speed limit on any trunk highway shall be with the consent of 33.30 the commissioner of transportation. Such school speed limits 33.31 shall be in effect when children are present, going to or 33.32 leaving school during opening or closing hours or during school 33.33 recess periods. The school speed limit shall not be lower than 33.34 15 miles per hour and shall not be more than 2030 miles per 33.35 hour below the established speed limit on an affected street or 33.36 highway if the established speed limit is 40 miles per hour or34.1 greater. 34.2 (b) The school speed limit shall be effective upon the 34.3 erection of appropriate signs designating the speed and 34.4 indicating the beginning and end of the reduced speed zone. Any 34.5 speed in excess of such posted school speed limit is unlawful. 34.6 All such signs shall be erected by the local authorities on 34.7 those streets and highways under their respective jurisdictions 34.8 and by the commissioner of transportation on trunk highways. 34.9 (c) For the purpose of this subdivision, "school zone" 34.10 means that section of a street or highway which abuts the 34.11 grounds of a school where children have access to the street or 34.12 highway from the school property or where an established school 34.13 crossing is located provided the school advance sign prescribed 34.14 by the manual on uniform traffic control devices adopted by the 34.15 commissioner of transportation pursuant to section 169.06 is in 34.16 place. All signs erected by local authorities to designate 34.17 speed limits in school zones shall conform to the manual on 34.18 uniform control devices. 34.19 (d) Notwithstanding section 609.0331 or 609.101 or other 34.20 law to the contrary, a person who violates a speed limit 34.21 established under this subdivision is assessed an additional 34.22 surcharge equal to the amount of the fine imposed for the 34.23 violation, but not less than $25. 34.24 Sec. 23. Minnesota Statutes 2002, section 169.791, 34.25 subdivision 1, is amended to read: 34.26 Subdivision 1. [TERMS DEFINED.] (a) For purposes of this 34.27 section and sections 169.792 to 169.799169.798, the following 34.28 terms have the meanings given. 34.29 (b) "Commissioner" means the commissioner of public safety. 34.30 (c) "District court administrator" or "court administrator" 34.31 means the district court administrator or a deputy district 34.32 court administrator of the district court that has jurisdiction 34.33 of a violation of this section. 34.34 (d) "Insurance identification card" means a card issued by 34.35 an obligor to an insured stating that security as required by 34.36 section 65B.48 has been provided for the insured's vehicle. 35.1 (e) "Law enforcement agency" means the law enforcement 35.2 agency that employed the peace officer who demanded proof of 35.3 insurance under this section or section 169.792. 35.4 (f) "Peace officer" or "officer" means an employee of a 35.5 political subdivision or state law enforcement agency, including 35.6 the Minnesota state patrol, who is licensed by the Minnesota 35.7 board of peace officer standards and training and is authorized 35.8 to make arrests for violations of traffic laws. 35.9 (g) "Proof of insurance" means an insurance identification 35.10 card, written statement, or insurance policy as defined by 35.11 section 65B.14, subdivision 2. 35.12 (h) "Vehicle" means a motor vehicle as defined in section 35.13 65B.43, subdivision 2, or a motorcycle as defined in section 35.14 65B.43, subdivision 13. 35.15 (i) "Written statement" means a written statement by a 35.16 licensed insurance agent stating the name and address of the 35.17 insured, the vehicle identification number of the insured's 35.18 vehicle, that a plan of reparation security as required by 35.19 section 65B.48 has been provided for the insured's vehicle, and 35.20 the dates of the coverage. 35.21 (j) The definitions in section 65B.43 apply to sections 35.22 169.792 to 169.799169.798. 35.23 Sec. 24. Minnesota Statutes 2002, section 169.796, is 35.24 amended by adding a subdivision to read: 35.25 Subd. 3. [SAMPLING TO VERIFY INSURANCE COVERAGE.] (a) The 35.26 commissioner of public safety shall implement a monthly sampling 35.27 program to verify insurance coverage. The sample must annually 35.28 include at least two percent of all drivers who own motor 35.29 vehicles, as defined in section 168.011, licensed in the state, 35.30 one-half of whom during the previous year have been convicted of 35.31 at least one vehicle insurance law violation, have had a 35.32 driver's license revoked or suspended due to habitual violation 35.33 of traffic laws, have had no insurance in effect at the time of 35.34 a reportable crash, or have been convicted of an alcohol-related 35.35 motor vehicle offense. No sample may be selected based on race, 35.36 religion, physical or mental disability, economic status, or 36.1 geographic location. 36.2 (b) The commissioner shall request each vehicle owner 36.3 included in the sample to furnish insurance coverage information 36.4 to the commissioner within 30 days. The request must require 36.5 the owner to state whether or not all motor vehicles owned by 36.6 that person were insured on the verification date stated in the 36.7 commissioner's request. The request may require, but is not 36.8 limited to, a signed statement by the owner that the information 36.9 is true and correct, the names and addresses of insurers, policy 36.10 numbers, and expiration or renewal dates of insurance coverage. 36.11 (c) The commissioner shall conduct a verification of the 36.12 response by transmitting necessary information to the insurance 36.13 companies named in the owner's response. 36.14 (d) The insurance companies shall electronically notify the 36.15 commissioner, within 30 days of the commissioner's request, of 36.16 any false statements regarding coverage. 36.17 (e) The commissioner shall suspend, without preliminary 36.18 hearing, the driver's license, if any, of a vehicle owner who 36.19 falsely claims coverage, who indicates that coverage was not in 36.20 effect at the time specified in the request, or who fails to 36.21 respond to the commissioner's request to furnish proof of 36.22 insurance. The commissioner shall comply with the notice 36.23 requirement of section 171.18, subdivision 2. 36.24 (f) Before reinstatement of the driver's license, there 36.25 must be filed with the commissioner of public safety the written 36.26 certificate of an insurance carrier authorized to do business in 36.27 the state stating that security has been provided as required by 36.28 section 65B.48. The commissioner of public safety may require 36.29 the certificate of insurance provided to satisfy this 36.30 subdivision to be certified by the insurance carrier for a 36.31 period not to exceed one year. The commissioner of public 36.32 safety may also require a certificate of insurance to be filed 36.33 with respect to all vehicles required to be insured under 36.34 section 65B.48 and owned by any person whose driving privileges 36.35 have been suspended as provided in this section before 36.36 reinstating the person's driver's license. 37.1 Sec. 25. Minnesota Statutes 2002, section 169.797, 37.2 subdivision 4a, is amended to read: 37.3 Subd. 4a. [REGISTRATION REVOCATION AND LICENSE 37.4 SUSPENSION.] The commissioner of public safety shall revoke the 37.5 registration of any vehicle and mayshall suspend the driver's 37.6 license of any operator, without preliminary hearing upon a 37.7 showing by department records, including accident reports 37.8 required to be submitted by section 169.09, or other sufficient 37.9 evidence that security required by section 65B.48 has not been 37.10 provided and maintained. Before reinstatement of the 37.11 registration, there shall be filed with the commissioner of 37.12 public safety the written certificate of an insurance carrier 37.13 authorized to do business in the state stating that security has 37.14 been provided as required by section 65B.48. The commissioner 37.15 of public safety may require the certificate of insurance 37.16 provided to satisfy this subdivision to be certified by the 37.17 insurance carrier to be noncancelable for a period not to exceed 37.18 one year. The commissioner of public safety may also require a 37.19 certificate of insurance to be filed with respect to all 37.20 vehicles required to be insured under section 65B.48 and owned 37.21 by any person whose driving privileges have been suspended or 37.22 revoked as provided in this section before reinstating the 37.23 person's driver's license. 37.24 Sec. 26. Minnesota Statutes 2002, section 169.798, 37.25 subdivision 1, is amended to read: 37.26 Subdivision 1. [AUTHORITY.] The commissioner of public 37.27 safety shall have the power and perform the duties imposed 37.28 by this section and sections 65B.41 to 65B.71 , this section,and 37.29 sections169.797 and 169.799,and may adopt rules to implement 37.30 and provide effective administration of the provisions requiring 37.31 security and governing termination of security. 37.32 Sec. 27. Minnesota Statutes 2002, section 169.798, is 37.33 amended by adding a subdivision to read: 37.34 Subd. 4. [ATTESTATION OF INSURANCE REQUIRED.] Every owner, 37.35 when applying for motor vehicle or motorcycle registration, 37.36 reregistration, or transfer of ownership, must attest that the 38.1 motor vehicle or motorcycle is covered by an insurance policy. 38.2 Sec. 28. Minnesota Statutes 2002, section 169.826, 38.3 subdivision 1, is amended to read: 38.4 Subdivision 1. [WINTER INCREASE AMOUNTS.] The limitations 38.5 provided in sections 169.822 to 169.829 are increased :38.6 (1)by ten percent between the dates set by the 38.7 commissioner for each zone established by the commissioner based 38.8 on a freezing index model each winter , statewide;. 38.9 (2) by ten percent between the dates set by the38.10 commissioner based on a freezing index model each winter, in the38.11 zone bounded as follows: beginning at Pigeon River in the38.12 northeast corner of Minnesota; thence in a southwesterly38.13 direction along the north shore of Lake Superior to the38.14 northeastern city limits of Duluth; thence along the eastern and38.15 southern city limits of Duluth to the junction with trunk38.16 highway No. 210; thence westerly along trunk highway No. 210 to38.17 the junction with trunk highway No. 10; thence northwesterly38.18 along trunk highway No. 10 to the Minnesota-North Dakota border;38.19 thence northerly along that border to the Minnesota-Canadian38.20 Border; thence easterly along said Border to Lake Superior; and38.21 (3)Subd. 1a. [HARVEST SEASON INCREASE AMOUNT.] The 38.22 limitations provided in sections 169.822 to 169.829 are 38.23 increased by ten percent from the beginning of harvest to 38.24 November 30 each year for the movement of sugar beets, carrots, 38.25 and potatoes from the field of harvest to the point of the first 38.26 unloading. Transfer of the product from a farm vehicle or small 38.27 farm trailer, within the meaning of chapter 168, to another 38.28 vehicle is not considered to be the first unloading. The 38.29 commissioner shall not issue permits under this clause38.30 subdivision if to do so will result in a loss of federal highway 38.31 funding to the state. 38.32 Sec. 29. Minnesota Statutes 2002, section 169.826, is 38.33 amended by adding a subdivision to read: 38.34 Subd. 1b. [NINE-TON COUNTY ROADS.] Despite the provisions 38.35 of subdivision 5 and sections 169.824, subdivision 2, paragraph 38.36 (a), clause (2), and 169.832, subdivision 11, a vehicle or 39.1 combination of vehicles with a gross vehicle weight up to 88,000 39.2 pounds may be operated on a nine-ton county road, consistent 39.3 with the increases allowed for vehicles operating on a ten-ton 39.4 road, during the time when the increases under subdivision 1 are 39.5 in effect in that zone. 39.6 Sec. 30. Minnesota Statutes 2002, section 169.85, 39.7 subdivision 2, is amended to read: 39.8 Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and 39.9 load, as provided in this section, an officer may require the 39.10 driver to stop the vehicle in a suitable place and remain 39.11 standing until a portion of the load is removed that is 39.12 sufficient to reduce the gross weight of the vehicle to the 39.13 limit permitted under either section 168.013, subdivision 3, 39.14 paragraph (b), or sections 169.822 to 169.829, whichever is the 39.15 lesser violation, if any. A suitable place is a location where 39.16 loading or tampering with the load is not prohibited by federal, 39.17 state, or local law, rule, or ordinance. 39.18 (b) Except as provided in paragraph (c), a driver may be 39.19 required to unload a vehicle only if the weighing officer 39.20 determines that (1) on routes subject to the provisions of 39.21 sections 169.822 to 169.829, the weight on an axle exceeds the 39.22 lawful gross weight prescribed by sections 169.822 to 169.829, 39.23 by 2,000 pounds or more, or the weight on a group of two or more 39.24 consecutive axles in cases where the distance between the 39.25 centers of the first and last axles of the group under 39.26 consideration is ten feet or less exceeds the lawful gross 39.27 weight prescribed by sections 169.822 to 169.829, by 4,000 39.28 pounds or more; or (2) on routes designated by the commissioner 39.29 in section 169.832, subdivision 11, the overall weight of the 39.30 vehicle or the weight on an axle or group of consecutive axles 39.31 exceeds the maximum lawful gross weights prescribed by sections 39.32 169.822 to 169.829; or (3) the weight is unlawful on an axle or 39.33 group of consecutive axles on a road restricted in accordance 39.34 with section 169.87. Material unloaded must be cared for by the 39.35 owner or driver of the vehicle at the risk of the owner or 39.36 driver. 40.1 (c) If the gross weight of the vehicle does not exceed the 40.2 vehicle's registered gross weight plus the weight allowance set 40.3 forth in section 168.013, subdivision 3, paragraph (b), and 40.4 plus, if applicable, the weight allowance permitted under 40.5 section 169.826, then the driver is not required to unload under 40.6 paragraph (b). 40.7 Sec. 31. Minnesota Statutes 2002, section 169.86, 40.8 subdivision 5, is amended to read: 40.9 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 40.10 commissioner, with respect to highways under the commissioner's 40.11 jurisdiction, may charge a fee for each permit issued. All such 40.12 fees for permits issued by the commissioner of transportation 40.13 shall be deposited in the state treasury and credited to the 40.14 trunk highway fund. Except for those annual permits for which 40.15 the permit fees are specified elsewhere in this chapter, the 40.16 fees shall be: 40.17 (a) $15 for each single trip permit. 40.18 (b) $36 for each job permit. A job permit may be issued 40.19 for like loads carried on a specific route for a period not to 40.20 exceed two months. "Like loads" means loads of the same 40.21 product, weight, and dimension. 40.22 (c) $60 for an annual permit to be issued for a period not 40.23 to exceed 12 consecutive months. Annual permits may be issued 40.24 for: 40.25 (1) motor vehicles used to alleviate a temporary crisis 40.26 adversely affecting the safety or well-being of the public; 40.27 (2) motor vehicles which travel on interstate highways and 40.28 carry loads authorized under subdivision 1a; 40.29 (3) motor vehicles operating with gross weights authorized 40.30 under section 169.826, subdivision 1, clause (3)1a; 40.31 (4) special pulpwood vehicles described in section 169.863; 40.32 (5) motor vehicles bearing snowplow blades not exceeding 40.33 ten feet in width; and 40.34 (6) noncommercial transportation of a boat by the owner or 40.35 user of the boat. 40.36 (d) $120 for an oversize annual permit to be issued for a 41.1 period not to exceed 12 consecutive months. Annual permits may 41.2 be issued for: 41.3 (1) mobile cranes; 41.4 (2) construction equipment, machinery, and supplies; 41.5 (3) manufactured homes; 41.6 (4) implements of husbandry when the movement is not made 41.7 according to the provisions of paragraph (i); 41.8 (5) double-deck buses; 41.9 (6) commercial boat hauling. 41.10 (e) For vehicles which have axle weights exceeding the 41.11 weight limitations of sections 169.822 to 169.829, an additional 41.12 cost added to the fees listed above. However, this paragraph 41.13 applies to any vehicle described in section 168.013, subdivision 41.14 3, paragraph (b), but only when the vehicle exceeds its gross 41.15 weight allowance set forth in that paragraph, and then the 41.16 additional cost is for all weight, including the allowance 41.17 weight, in excess of the permitted maximum axle weight. The 41.18 additional cost is equal to the product of the distance traveled 41.19 times the sum of the overweight axle group cost factors shown in 41.20 the following chart: 41.21 Overweight Axle Group Cost Factors 41.22 Weight (pounds) Cost Per Mile For Each Group Of: 41.23 exceeding Two consec- Three consec- Four consec- 41.24 weight utive axles utive axles utive axles 41.25 limitations spaced within spaced within spaced within 41.26 on axles 8 feet or less 9 feet or less 14 feet or less 41.27 0-2,000 .12 .05 .04 41.28 2,001-4,000 .14 .06 .05 41.29 4,001-6,000 .18 .07 .06 41.30 6,001-8,000 .21 .09 .07 41.31 8,001-10,000 .26 .10 .08 41.32 10,001-12,000 .30 .12 .09 41.33 12,001-14,000 Not permitted .14 .11 41.34 14,001-16,000 Not permitted .17 .12 41.35 16,001-18,000 Not permitted .19 .15 41.36 18,001-20,000 Not permitted Not permitted .16 42.1 20,001-22,000 Not permitted Not permitted .20 42.2 The amounts added are rounded to the nearest cent for each axle 42.3 or axle group. The additional cost does not apply to paragraph 42.4 (c), clauses (1) and (3). 42.5 For a vehicle found to exceed the appropriate maximum permitted 42.6 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 42.7 a ton, over the permitted maximum weight is imposed in addition 42.8 to the normal permit fee. Miles must be calculated based on the 42.9 distance already traveled in the state plus the distance from 42.10 the point of detection to a transportation loading site or 42.11 unloading site within the state or to the point of exit from the 42.12 state. 42.13 (f) As an alternative to paragraph (e), an annual permit 42.14 may be issued for overweight, or oversize and overweight, 42.15 construction equipment, machinery, and supplies. The fees for 42.16 the permit are as follows: 42.17 Gross Weight (pounds) of Vehicle Annual Permit Fee 42.18 90,000 or less $200 42.19 90,001 - 100,000 $300 42.20 100,001 - 110,000 $400 42.21 110,001 - 120,000 $500 42.22 120,001 - 130,000 $600 42.23 130,001 - 140,000 $700 42.24 140,001 - 145,000 $800 42.25 If the gross weight of the vehicle is more than 145,000 pounds 42.26 the permit fee is determined under paragraph (e). 42.27 (g) For vehicles which exceed the width limitations set 42.28 forth in section 169.80 by more than 72 inches, an additional 42.29 cost equal to $120 added to the amount in paragraph (a) when the 42.30 permit is issued while seasonal load restrictions pursuant to 42.31 section 169.87 are in effect. 42.32 (h) $85 for an annual permit to be issued for a period not 42.33 to exceed 12 months, for refuse-compactor vehicles that carry a 42.34 gross weight of not more than: 22,000 pounds on a single rear 42.35 axle; 38,000 pounds on a tandem rear axle; or, subject to 42.36 section 169.828, subdivision 2, 46,000 pounds on a tridem rear 43.1 axle. A permit issued for up to 46,000 pounds on a tridem rear 43.2 axle must limit the gross vehicle weight to not more than 62,000 43.3 pounds. 43.4 (i) For vehicles exclusively transporting implements of 43.5 husbandry, an annual permit fee of $24. A vehicle operated 43.6 under a permit authorized by this paragraph may be moved at the 43.7 discretion of the permit holder without prior route approval by 43.8 the commissioner if: 43.9 (1) the total width of the transporting vehicle, including 43.10 load, does not exceed 14 feet; 43.11 (2) the vehicle is operated only between sunrise and 30 43.12 minutes after sunset, and is not operated at any time after 43.13 12:00 noon on Sundays or holidays; 43.14 (3) the vehicle is not operated when visibility is impaired 43.15 by weather, fog, or other conditions that render persons and 43.16 other vehicles not clearly visible at 500 feet; 43.17 (4) the vehicle displays at the front and rear of the load 43.18 or vehicle a pair of flashing amber lights, as provided in 43.19 section 169.59, subdivision 4, whenever the overall width of the 43.20 vehicle exceeds 126 inches; and 43.21 (5) the vehicle is not operated on a trunk highway with a 43.22 surfaced roadway width of less than 24 feet unless such 43.23 operation is authorized by the permit. 43.24 A permit under this paragraph authorizes movements of the 43.25 permitted vehicle on an interstate highway, and movements of 75 43.26 miles or more on other highways. 43.27 Sec. 32. Minnesota Statutes 2002, section 171.20, 43.28 subdivision 4, is amended to read: 43.29 Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is 43.30 reinstated, (1) a person whose driver's license has been 43.31 suspended under section 171.16, subdivision 2; 171.18, except 43.32 subdivision 1, clause (10); or 171.182, or who has been 43.33 disqualified from holding a commercial driver's license under 43.34 section 171.165, and (2) a person whose driver's license has 43.35 been suspended under section 171.186 and who is not exempt from 43.36 such a fee, must pay a fee of $20. 44.1 (b) Before the license is reinstated, a person whose 44.2 license has been suspended or revoked under sections 169.791 to 44.3 169.798 must pay a $20 reinstatement fee. 44.4 (c) When fees are collected by a licensing agent appointed 44.5 under section 171.061, a handling charge is imposed in the 44.6 amount specified under section 171.061, subdivision 4. The 44.7 reinstatement fee and surcharge must be deposited in an approved 44.8 state depository as directed under section 171.061, subdivision 44.9 4. 44.10 (d) A suspension may be rescinded without fee for good 44.11 cause. 44.12 Sec. 33. Minnesota Statutes 2002, section 171.29, 44.13 subdivision 2, is amended to read: 44.14 Subd. 2. [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.] 44.15 (a) A person whose driver's license has been revoked as provided 44.16 in subdivision 1, except under section 169A.52, 169A.54, or 44.17 609.21, shall pay a $30 fee before the driver's license is 44.18 reinstated. 44.19 (b) A person whose driver's license has been revoked as 44.20 provided in subdivision 1 under section 169A.52, 169A.54, or 44.21 609.21, shall pay a $250 fee plus a $40 surcharge before the 44.22 driver's license is reinstated. Beginning July 1, 2002, the 44.23 surcharge is $145. Beginning July 1, 2003, the surcharge is 44.24 $380$430. The $250 fee is to be credited as follows: 44.25 (1) Twenty percent must be credited to the trunk highway 44.26 fund. 44.27 (2) Sixty-seven percent must be credited to the general 44.28 fund. 44.29 (3) Eight percent must be credited to a separate account to 44.30 be known as the bureau of criminal apprehension account. Money 44.31 in this account may be appropriated to the commissioner of 44.32 public safety and the appropriated amount must be apportioned 80 44.33 percent for laboratory costs and 20 percent for carrying out the 44.34 provisions of section 299C.065. 44.35 (4) Five percent must be credited to a separate account to 44.36 be known as the vehicle forfeiture account, which is created in 45.1 the special revenue fund. The money in the account is annually 45.2 appropriated to the commissioner for costs of handling vehicle 45.3 forfeitures. 45.4 (c) The revenue from $50 of each surcharge must be credited 45.5 to a separate account to be known as the traumatic brain injury 45.6 and spinal cord injury account. The money in the account is 45.7 annually appropriated to the commissioner of health to be used 45.8 as follows: 35 percent for a contract with a86 percent for 45.9 contracts with a qualified community-based organization to 45.10 provide information, resources, and support to assist persons 45.11 with traumatic brain injury and their families to access 45.12 services, and 6514 percent to maintain the traumatic brain 45.13 injury and spinal cord injury registry created in section 45.14 144.662. For the purposes of this clause, a "qualified 45.15 community-based organization" is a private, not-for-profit 45.16 organization of consumers of traumatic brain injury services and 45.17 their family members. The organization must be registered with 45.18 the United States Internal Revenue Service under section 45.19 501(c)(3) as a tax-exempt organization and must have as its 45.20 purposes: 45.21 (i) the promotion of public, family, survivor, and 45.22 professional awareness of the incidence and consequences of 45.23 traumatic brain injury; 45.24 (ii) the provision of a network of support for persons with 45.25 traumatic brain injury, their families, and friends; 45.26 (iii) the development and support of programs and services 45.27 to prevent traumatic brain injury; 45.28 (iv) the establishment of education programs for persons 45.29 with traumatic brain injury; and 45.30 (v) the empowerment of persons with traumatic brain injury 45.31 through participation in its governance. 45.32 No patient's name, identifying information, or identifiable 45.33 medical data will be disclosed to the organization without the 45.34 informed voluntary written consent of the patient or patient's 45.35 guardian or, if the patient is a minor, of the parent or 45.36 guardian of the patient. 46.1 (c)(d) The remainder of the surcharge must be credited to 46.2 a separate account to be known as the remote electronic 46.3 alcohol-monitoring program account. The commissioner shall 46.4 transfer the balance of this account to the commissioner of 46.5 finance on a monthly basis for deposit in the general fund. 46.6 (d)(e) When these fees are collected by a licensing agent, 46.7 appointed under section 171.061, a handling charge is imposed in 46.8 the amount specified under section 171.061, subdivision 4. The 46.9 reinstatement fees and surcharge must be deposited in an 46.10 approved state depository as directed under section 171.061, 46.11 subdivision 4. 46.12 Sec. 34. Minnesota Statutes 2002, section 174.03, is 46.13 amended by adding a subdivision to read: 46.14 Subd. 9. [FORECAST OF REVENUES AND EXPENDITURES.] In 46.15 cooperation with the department of finance and as required by 46.16 section 16A.103, the commissioner shall prepare in February and 46.17 November of each year a forecast of highway user tax 46.18 distribution fund and trunk highway fund revenues and 46.19 expenditures. The forecast must include an analysis of economic 46.20 information and the potential impact on highway user fund 46.21 revenues, historical growth rate information, and other 46.22 variables affecting revenue assumptions and forecasted future 46.23 growth rates. The forecast must include an analysis of trunk 46.24 highway bonding and the necessary debt service payments, and 46.25 assumptions regarding federal transportation funds. The 46.26 commissioner shall review the forecast information with the 46.27 chairs of the senate and house of representatives committees 46.28 with jurisdiction over finance, way and means, and 46.29 transportation finance and with legislative fiscal staff no 46.30 later than two weeks before the forecast is released and shall 46.31 inform the chairs and staff of changes made from previous 46.32 forecasts. 46.33 Sec. 35. Minnesota Statutes 2002, section 174.24, 46.34 subdivision 1, is amended to read: 46.35 Subdivision 1. [ESTABLISHMENT; PURPOSE.] A public transit 46.36 participation program is established to carry out the objectives 47.1 stated in section 174.21 by providing financial assistance from 47.2 the state, including the greater Minnesota transit fund 47.3 established in section 16A.88, to eligible recipients outside of 47.4 the metropolitan area. 47.5 Sec. 36. Minnesota Statutes 2002, section 174.24, 47.6 subdivision 3b, is amended to read: 47.7 Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner 47.8 shall determine the total operating cost of any public transit 47.9 system receiving or applying for assistance in accordance with 47.10 generally accepted accounting principles. To be eligible for 47.11 financial assistance, an applicant or recipient shall provide to 47.12 the commissioner all financial records and other information and 47.13 shall permit any inspection reasonably necessary to determine 47.14 total operating cost and correspondingly the amount of 47.15 assistance whichthat may be paid to the applicant or recipient. 47.16 Where more than one county or municipality contributes 47.17 assistance to the operation of a public transit system, the 47.18 commissioner shall identify one as lead agency for the purpose 47.19 of receiving money under this section. 47.20 (b) Prior to distributing operating assistance to eligible 47.21 recipients for any contract period, the commissioner shall place 47.22 all recipients into one of the following classifications: 47.23 urbanized area service, small urban area service, rural area 47.24 service, and elderly and handicapped service. The commissioner 47.25 shall distribute funds under this section so that the percentage 47.26 of total operating cost paid by any recipient from local sources 47.27 will not exceed the percentage for that recipient's 47.28 classification, except as provided in an undue hardship case. 47.29 The percentages must be: for urbanized area service and small 47.30 urban area service, 4020 percent; for rural area service, 3515 47.31 percent; and for elderly and handicapped service, 3515 percent. 47.32 The remainder of the total operating cost will be paid from 47.33 state funds less any assistance received by the recipient from 47.34 any federal source. For purposes of this subdivision "local 47.35 sources" means payments under section 174.242 plusall local 47.36 sources of funds and includes all operating revenue, tax levies, 48.1 and contributions from public funds, except that the 48.2 commissioner may exclude from the total assistance contract 48.3 revenues derived from operations the cost of which is excluded 48.4 from the computation of total operating cost. Total operating 48.5 costs of the Duluth transit authority or a successor agency 48.6 shalldoes not include costs related to the Superior, Wisconsin 48.7 service contract and the independent school district No. 709 48.8 service contract. For calendar years 2004 and 2005, to enable 48.9 public transit systems to meet the provisions of this section 48.10 the commissioner may adjust payments of financial assistance to 48.11 recipients that were under a contract with the department on 48.12 January 1, 2003. Payments to such a recipient in calendar years 48.13 2004 and 2005 from the greater Minnesota transit fund, may not 48.14 be less than the payment to the recipient from that fund in 48.15 calendar year 2003, except for reductions made necessary by 48.16 reductions in base funding for those years. 48.17 (c) If a recipient informs the commissioner in writing 48.18 after the establishment of these percentages but prior to the 48.19 distribution of financial assistance for any year that paying 48.20 its designated percentage of total operating cost from local 48.21 sources will cause undue hardship, the commissioner may reduce 48.22 the percentage to be paid from local sources by the recipient 48.23 and increase the percentage to be paid from local sources by one 48.24 or more other recipients inside or outside the classification ,48.25 provided that no recipient shall have its. However, the 48.26 commissioner may not reduce or increase any recipient's 48.27 percentage thus reduced or increasedunder this paragraph for 48.28 more than two years successively. If for any year the funds 48.29 appropriated to the commissioner to carry out the purposes of 48.30 this section are insufficient to allow the commissioner to pay 48.31 the state share of total operating cost as provided in this 48.32 paragraph, the commissioner shall reduce the state share in each 48.33 classification to the extent necessary. 48.34 Sec. 37. Minnesota Statutes 2002, section 174.24, 48.35 subdivision 5, is amended to read: 48.36 Subd. 5. [METHOD OF PAYMENT, OPERATING ASSISTANCE.] 49.1 Payments for operating assistance under this section shallmust 49.2 be made in the following manner: 49.3 (a) For payments made from the general fund: 49.4 (1) 50 percent of the total contract amount in the first 49.5 month of operation; 49.6 (2) 40 percent of the total contract amount in the seventh 49.7 month of operation; 49.8 (3) 9 percent of the total contract amount in the 12th 49.9 month of operation; and 49.10 (4) 1 percent of the total contract amount after the final 49.11 audit. 49.12 (b) For payments made from the greater Minnesota transit 49.13 fund: 49.14 (1) 50 percent of the total contract amount in the seventh 49.15 month of operation; and 49.16 (2) 50 percent of the total contract amount in the 11th 49.17 month of operation. 49.18 Sec. 38. Minnesota Statutes 2002, section 174.55, 49.19 subdivision 2, is amended to read: 49.20 Subd. 2. [COMPOSITION.] The major transportation projects 49.21 commission is composed of the governor or the governor's 49.22 designee; four citizen members appointed by the governor and 49.23 serving at the pleasure of the governor; seven senators 49.24 appointed by the subcommittee on committees of the committee on 49.25 rules and administration, three of whom must not be members of 49.26 the senate majority party; and seven members of the house of 49.27 representatives appointed by the speaker, three of whom must not 49.28 be members of the house majority party. The commissioner of 49.29 transportation shall serve as a nonvoting member unless the 49.30 commissioner is the governor's designee. The commission shall 49.31 elect a chair from among its members. Nongovernment members of 49.32 the commission shall receive compensation in accordance with 49.33 section 15.059, subdivision 3. The commission expires June 30, 49.34 2003. 49.35 Sec. 39. Minnesota Statutes 2002, section 275.71, 49.36 subdivision 5, is amended to read: 50.1 Subd. 5. [PROPERTY TAX LEVY LIMIT.] Notwithstanding any 50.2 other provision of a municipal charter which limits ad valorem 50.3 taxes to a lesser amount, or which would require a separate 50.4 voter approval for any increase, for taxes levied in 2001 and 50.5 2002, the property tax levy limit for a local governmental unit 50.6 is equal to its adjusted levy limit base determined under 50.7 subdivision 4 plus any additional levy authorized under section 50.8 275.73, which is levied against net tax capacity, reduced by the 50.9 sum of (i) the total amount of aids and reimbursements that the 50.10 local governmental unit is certified to receive under sections 50.11 477A.011 to 477A.014, except for the increases in city aid bases 50.12 in calendar year 2002 under section 477A.011, subdivision 36, 50.13 paragraphs (n), (p), and (q), (ii) homestead and agricultural 50.14 aids it is certified to receive under section 273.1398, (iii) 50.15 taconite aids under sections 298.28 and 298.282 including any 50.16 aid which was required to be placed in a special fund for 50.17 expenditure in the next succeeding year, and (iv) low-income 50.18 housing aid under sections 477A.06 and 477A.065 , and (v)50.19 property tax replacement aids under section 174.242. 50.20 Sec. 40. Minnesota Statutes 2002, section 297B.09, 50.21 subdivision 1, is amended to read: 50.22 Subdivision 1. [DEPOSIT OF REVENUES.] (a) Money collected 50.23 and received under this chapter must be deposited as provided in 50.24 this subdivision. 50.25 (b) From July 1, 2001, to June 30, 2002, 30.86 percent of50.26 the money collected and received must be deposited in the50.27 highway user tax distribution fund, and the remaining money must50.28 be deposited in the general fund.50.29 (c)On and after July 1, 2002, 32 percent of the money 50.30 collected and received must be deposited in the highway user tax 50.31 distribution fund, 20.5 percent must be deposited in the 50.32 metropolitan area transit fund under section 16A.88, and 1.25 50.33 percent must be deposited in the greater Minnesota transit fund 50.34 under section 16A.88. In fiscal year 2004 and thereafter, two50.35 percent of the money collected and received must be deposited in50.36 the metropolitan area transit appropriation account under51.1 section 16A.88.The remaining money must be deposited in the 51.2 general fund. 51.3 Sec. 41. Minnesota Statutes 2002, section 299A.465, 51.4 subdivision 4, is amended to read: 51.5 Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public 51.6 employer subject to this section may annually apply by August 1 51.7 for the preceding fiscal year to the commissioner of public 51.8 safety for reimbursement to help defray a portion of its costs 51.9 of complying with this section. The commissioner shall provide 51.10 reimbursementan equal pro rata share to the public employer out 51.11 of the public safety officer's benefit account based on the 51.12 availability of funds for each eligible officer, firefighter, 51.13 and qualifying dependents. Individual shares must not exceed 51.14 the actual costs of providing coverage under this section by a 51.15 public employer. 51.16 Sec. 42. [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES; 51.17 GENERAL.] 51.18 Subdivision 1. [DEFINITIONS.] (a) For purposes of sections 51.19 299A.80 to 299A.802, the terms defined in this subdivision have 51.20 the meanings given them. 51.21 (b) "Administrative agent" means a person or entity 51.22 licensed by or granted authority by the commissioner of public 51.23 safety under: 51.24 (1) section 168.33 as a deputy registrar; 51.25 (2) section 168C.11 as a deputy registrar of bicycles; or 51.26 (3) section 171.061 as a driver's license agent. 51.27 (c) "Other authority" means licenses, orders, stipulation 51.28 agreements, settlements, or compliance agreements adopted or 51.29 issued by the commissioner of public safety. 51.30 (d) "Commissioner" means the commissioner of public safety. 51.31 (e) "License" means a license, permit, registration, 51.32 appointment, or certificate issued or granted to an 51.33 administrative agent by the commissioner of public safety. 51.34 Subd. 2. [APPLICABILITY.] Sections 299A.80 to 299A.802 51.35 apply to administrative agents licensed by or subject to other 51.36 authority of the commissioner. 52.1 Subd. 3. [CUMULATIVE REMEDY.] The authority of the 52.2 commissioner to issue a corrective order or assess an 52.3 administrative penalty under sections 299A.80 to 299A.802 is in 52.4 addition to other remedies available under statutory or common 52.5 law, except that the state may not seek a civil penalty under 52.6 any other law for a violation covered by an administrative 52.7 penalty order. The payment of a penalty does not preclude the 52.8 use of other enforcement provisions, under which civil fines are 52.9 not assessed, in connection with the violation for which the 52.10 penalty was assessed. 52.11 Subd. 4. [ACCESS TO INFORMATION AND PROPERTY.] The 52.12 commissioner, an employee, or an agent authorized by the 52.13 commissioner, upon presentation of credentials, may: 52.14 (1) examine and copy any books, papers, records, memoranda, 52.15 or data of an administrative agent; and 52.16 (2) enter upon any property where an administrative agent 52.17 conducts its place of business to take actions authorized under 52.18 statute, rule, or other authority, including (i) obtaining 52.19 information from an administrative agent who has a duty to 52.20 provide information under statute, rule, or other authority, (ii) 52.21 taking steps to remedy violations, or (iii) conducting surveys 52.22 or investigations. 52.23 Subd. 5. [FALSE INFORMATION.] (a) An administrative agent 52.24 may not: 52.25 (1) make a false material statement, representation, or 52.26 certification in a required document; 52.27 (2) omit material information from a required document; or 52.28 (3) alter, conceal, or fail to file or maintain a required 52.29 document. 52.30 (b) In this section, "required document" means a notice, 52.31 application, record, report, plan, or other document required 52.32 under statute, rule, or other authority. 52.33 Subd. 6. [ENFORCEMENT.] (a) The attorney general may 52.34 proceed on behalf of the state to enforce administrative 52.35 penalties that are due and payable under section 299A.802 in any 52.36 manner provided by law for the collection of debts. 53.1 (b) The attorney general may petition the district court to 53.2 file a final administrative penalty order as an order of the 53.3 court. At any court hearing to enforce a final administrative 53.4 penalty order, the only issues the parties may contest are 53.5 procedural and notice issues. Once entered, the administrative 53.6 penalty order may be enforced in the same manner as a final 53.7 judgment of the district court. This paragraph does not 53.8 preclude district court review of the merits of an 53.9 administrative penalty order if the order is appealed by the 53.10 administrative agent under section 299A.802, subdivision 5. 53.11 (c) If an administrative agent fails to pay an 53.12 administrative penalty, the attorney general may bring a civil 53.13 action in district court seeking payment of the penalty, 53.14 injunctive relief, or other appropriate relief including 53.15 monetary damages, attorney fees, costs, and interest. 53.16 Subd. 7. [RECOVERY OF REASONABLE COSTS AND ATTORNEY 53.17 FEES.] (a) In any judicial action brought by the attorney 53.18 general for civil penalties, injunctive relief, or an action to 53.19 compel performance pursuant to this section, if the state 53.20 finally prevails, and if the proven violation was willful, the 53.21 state, in addition to other penalties provided by law, may be 53.22 allowed an amount determined by the court to be the reasonable 53.23 value of all or part of the costs and attorney fees incurred by 53.24 the state or the prevailing party. In determining the amount of 53.25 the reasonable costs and attorney fees to be allowed, the court 53.26 must give consideration to the economic circumstances of the 53.27 defendant. 53.28 (b) However, if a defendant prevails, the court may award 53.29 the reasonable value of all or part of the reasonable costs and 53.30 attorney fees incurred by the defendant. 53.31 Subd. 8. [EDUCATION AND COMPLIANCE ACCOUNT; MONEY 53.32 ALLOCATED.] An education and compliance account is created for 53.33 the deposit of administrative penalty order receipts. Of the 53.34 funds deposited in this account, $5,000 each year is 53.35 appropriated to the commissioner for education and compliance 53.36 activities related to the regulated parties affected by this 54.1 chapter. At the end of each biennium, all money not expended 54.2 lapses to the general fund. 54.3 Subd. 9. [PLAN FOR USING ADMINISTRATIVE PENALTIES AND 54.4 CEASE AND DESIST AUTHORITY.] The commissioner shall prepare a 54.5 plan for using the administrative penalty order and cease and 54.6 desist authority in this section. The commissioner shall 54.7 provide a 30-day period for public comment on the plan. The 54.8 plan must be finalized by July 1, 2004, and may be modified as 54.9 necessary upon subsequent notice and opportunity for comment. 54.10 Sec. 43. [299A.801] [CORRECTIVE ORDERS AND INJUNCTIONS.] 54.11 Subdivision 1. [CORRECTIVE ORDERS.] (a) Before seeking an 54.12 administrative penalty order under section 299A.802, the 54.13 commissioner must issue a corrective order that requires the 54.14 administrative agent to correct the violation of statute, rule, 54.15 or other authority. The corrective order must state the 54.16 deficiencies that constitute the violation of the specific 54.17 statute, rule, or other authority, and the time by which the 54.18 violation must be corrected. In addition to service by 54.19 certified mail on the administrative agent, a copy of the 54.20 corrective order must be given to the county auditor in the 54.21 county where the administrative agent is located. 54.22 (b) The administrative agent to whom the corrective order 54.23 was issued shall provide information to the commissioner, by the 54.24 due date stated in the corrective order, demonstrating that the 54.25 violation has been corrected or that the administrative agent 54.26 has developed a corrective plan acceptable to the commissioner. 54.27 The commissioner must determine whether the violation has been 54.28 corrected and notify the administrative agent subject to the 54.29 order of the commissioner's determination. 54.30 (c) If the administrative agent believes that the 54.31 information contained in the commissioner's corrective order is 54.32 in error, the administrative agent may ask the commissioner to 54.33 reconsider the parts of the corrective order that are alleged to 54.34 be in error. The request must: 54.35 (1) be in writing; 54.36 (2) be delivered to the commissioner by certified mail 55.1 within seven calendar days after receipt of the corrective 55.2 order; 55.3 (3) specify which parts of the corrective order are alleged 55.4 to be in error and explain why they are in error; and 55.5 (4) provide documentation to support the allegation of 55.6 error. 55.7 (d) The commissioner shall respond to requests made under 55.8 paragraph (c) within 15 calendar days after receiving a 55.9 request. A request for reconsideration does not stay the 55.10 corrective order; however, after reviewing the request for 55.11 reconsideration, the commissioner may provide additional time to 55.12 comply with the order if necessary. The commissioner's 55.13 disposition of a request for reconsideration of a corrective 55.14 order is final. 55.15 Subd. 2. [CEASE AND DESIST ORDER.] The commissioner, or an 55.16 employee of the department designated by the commissioner, may 55.17 issue an order to cease an activity otherwise authorized by 55.18 statute, rule, or other authority if continuation of the 55.19 activity would result in an immediate risk to public safety. A 55.20 cease and desist order issued under this subdivision is 55.21 effective for a maximum of 72 hours. In conjunction with 55.22 issuing the cease and desist order, the commissioner may post a 55.23 sign to cease an activity until the cease and desist order is 55.24 lifted and the sign is removed by the commissioner. To restrain 55.25 activities for a period beyond 72 hours, the commissioner must 55.26 seek an injunction or take other administrative action 55.27 authorized by law. The issuance of a cease and desist order 55.28 does not preclude the commissioner from pursuing any other 55.29 enforcement action available to the commissioner. 55.30 Subd. 3. [ACTION FOR INJUNCTIVE RELIEF.] In addition to 55.31 any other remedy provided by law, the commissioner may bring an 55.32 action for injunctive relief in the district court in Ramsey 55.33 county or, at the commissioner's discretion, in the district 55.34 court in the county in which a violation of a statute, rule, or 55.35 other authority has occurred to enjoin the violation. 55.36 Sec. 44. [299A.802] [ADMINISTRATIVE PENALTY ORDERS.] 56.1 Subdivision 1. [GENERAL.] The commissioner may issue an 56.2 administrative penalty order for a violation of statute, rule, 56.3 or other authority if an administrative agent has failed to 56.4 comply with a corrective order issued under section 299A.801 56.5 related to that violation. The maximum amount of an 56.6 administrative penalty order is $10,000 for each administrative 56.7 agent for all violations identified in an inspection or review 56.8 of compliance. In addition to service by certified mail on the 56.9 administrative agent, a copy of the administrative penalty order 56.10 must be given to the county auditor in the county where the 56.11 administrative agent is located. 56.12 Subd. 2. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 56.13 determining the amount of a penalty to be assessed under this 56.14 section, the commissioner may consider: 56.15 (1) the willfulness of the violation; 56.16 (2) the gravity of the violation, including damage to 56.17 consumers or the state; 56.18 (3) the history of past violations; 56.19 (4) the number of violations; 56.20 (5) the economic benefit gained by the administrative agent 56.21 by allowing or committing the violation; and 56.22 (6) other factors as justice may require, if the 56.23 commissioner specifically identifies the additional factors in 56.24 the commissioner's order. 56.25 (b) If an administrative agent violates a corrective order 56.26 after a violation of a previous corrective order, the 56.27 commissioner, in determining the amount of a penalty, must 56.28 consider the factors in paragraph (a) and the following factors: 56.29 (1) similarity of the most recent previous violation of a 56.30 corrective order and the violation to be penalized; 56.31 (2) time elapsed since the last violation of a corrective 56.32 order; 56.33 (3) number of previous violations; and 56.34 (4) response of the administrative agent to the most recent 56.35 previous violation identified. 56.36 Subd. 3. [CONTENTS OF ORDER.] An administrative penalty 57.1 order under this section must include: 57.2 (1) a concise statement of the facts alleged to constitute 57.3 a violation; 57.4 (2) a reference to the portion of the statute, rule, 57.5 variance, order, or stipulation agreement or the term or 57.6 condition of a permit that has been violated; 57.7 (3) a description of the violation of the corrective order 57.8 that forms the basis for issuance of the administrative penalty 57.9 order; 57.10 (4) a statement of the amount of the administrative penalty 57.11 to be imposed and the factors upon which the penalty is based; 57.12 and 57.13 (5) a statement of the administrative agent's right to 57.14 review and appeal of the administrative penalty order. 57.15 Subd. 4. [DUE DATE.] (a) Unless the administrative agent 57.16 requests review of the administrative penalty order under 57.17 subdivision 5 before the penalty is due, the penalty in the 57.18 order is due and payable on the 31st day after the 57.19 administrative penalty order was received, if the administrative 57.20 agent subject to the order fails to provide information to the 57.21 commissioner showing that the violation has been corrected or 57.22 that appropriate steps have been taken toward correcting the 57.23 violation. These requirements may be waived or extended by the 57.24 commissioner. 57.25 (b) Interest at the rate established in section 549.09 57.26 begins to accrue on penalties under this subdivision on the 31st 57.27 day after the order with the penalty was received, unless waived 57.28 by the commissioner. 57.29 Subd. 5. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 57.30 days after receiving an administrative penalty order, the 57.31 administrative agent subject to an order under this section may 57.32 request an expedited hearing, using the procedures of Minnesota 57.33 Rules, parts 1400.8510 to 1400.8612, or their successor rules, 57.34 to review the commissioner's action. The hearing request must 57.35 specifically state the reasons for seeking review of the 57.36 administrative penalty order. The administrative agent to whom 58.1 the administrative penalty order is directed and the 58.2 commissioner are the parties to the expedited hearing. At least 58.3 15 days before the hearing, the commissioner shall notify the 58.4 administrative agent to whom the administrative penalty order is 58.5 directed of the time and place of the hearing. The expedited 58.6 hearing must be held within 30 days after a request for hearing 58.7 has been filed with the commissioner unless the parties agree to 58.8 a later date. 58.9 (b) All written arguments must be submitted within ten days 58.10 following the close of the hearing. The hearing must be 58.11 conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 58.12 or their successor rules, as modified by this subdivision. The 58.13 office of administrative hearings, in consultation with the 58.14 agency, may adopt rules specifically applicable to cases under 58.15 this section. 58.16 (c) Within 30 days following the close of the record, the 58.17 administrative law judge shall issue a report making 58.18 recommendations about the commissioner's action to the 58.19 commissioner. The administrative law judge may not recommend a 58.20 change in the amount of the proposed administrative penalty 58.21 unless the administrative law judge determines that, based on 58.22 the factors in subdivision 1, the amount of the administrative 58.23 penalty is unreasonable. 58.24 (d) If the administrative law judge makes a finding that 58.25 the hearing was requested solely for purposes of delay or that 58.26 the hearing request was frivolous, the commissioner may add to 58.27 the amount of the administrative penalty the costs charged to 58.28 the agency by the office of administrative hearings for the 58.29 hearing. 58.30 (e) If a hearing has been held, the commissioner may not 58.31 issue a final order until at least five days after receipt of 58.32 the report of the administrative law judge. Within those five 58.33 days, the administrative agent to whom an administrative penalty 58.34 order is issued may comment to the commissioner on the 58.35 recommendations and the commissioner shall consider the 58.36 comments. The final administrative penalty order may be 59.1 appealed to the district court for a de novo review of the order. 59.2 (f) If a hearing has been held and a final administrative 59.3 penalty order issued by the commissioner, the administrative 59.4 penalty must be paid by 30 days after the date the final order 59.5 is received unless it is appealed to the district court. If an 59.6 appeal is not taken or the administrative penalty order is 59.7 upheld on appeal, the amount due is the administrative penalty, 59.8 together with interest accruing from 31 days after the original 59.9 order was received, at the rate established in section 549.09. 59.10 Subd. 6. [MEDIATION.] In addition to review under 59.11 subdivision 5, the commissioner may enter into mediation 59.12 concerning an order issued under this section if the 59.13 commissioner and the administrative agent to whom the order is 59.14 issued both agree to mediation. 59.15 Sec. 45. Minnesota Statutes 2002, section 299E.01, is 59.16 amended by adding a subdivision to read: 59.17 Subd. 6. [VEHICLE TOWING.] Towing policy and practice for 59.18 vehicles in public parking spaces within the capitol complex 59.19 must conform to provisions of section 169.041. 59.20 Sec. 46. Minnesota Statutes 2002, section 299E.03, 59.21 subdivision 3, is amended to read: 59.22 Subd. 3. [EXPIRATION AND COMPENSATION.] Notwithstanding59.23 section 15.059,The oversight committee does not expireexpires 59.24 June 30, 2004. Committee members may not receive compensation 59.25 for serving, but may receive expense reimbursements as provided 59.26 in section 15.059. 59.27 Sec. 47. [331A.12] [WEB SITE PUBLICATION OF LOCAL 59.28 TRANSPORTATION RFP.] 59.29 Subdivision 1. [DEFINITIONS.] (a) The terms defined in 59.30 this subdivision and section 331A.01 apply to this section. 59.31 (b) "Web site" means a specific, addressable location 59.32 provided on a server connected to the Internet and hosting World 59.33 Wide Web pages and other files that are generally accessible on 59.34 the Internet all or most of the day. 59.35 Subd. 2. [DESIGNATION.] At the meeting of the governing 59.36 body of the local public corporation at which the governing body 60.1 must designate its official newspaper for the year, the 60.2 governing body may designate in the same manner publication of 60.3 transportation projects on the local public corporation's Web 60.4 site. Publication on the Web site may be used in place of or in 60.5 addition to any other required form of publication. Each year 60.6 after designating publication on the Web site for transportation 60.7 projects, the local public corporation must publish in a 60.8 qualified newspaper in the jurisdiction and on the Web site, 60.9 notice that the local public corporation will publish any 60.10 advertisements for bids on its Web site. 60.11 Subd. 3. [FORM, TIME FOR PUBLICATION SAME.] A local public 60.12 corporation that publishes on its Web site under this section 60.13 must post the information in substantially the same format and 60.14 for the same period of time as required for publication in an 60.15 official newspaper or another other print publication. 60.16 Subd. 4. [RECORD RETENTION.] A local public corporation 60.17 that publishes notice on its Web site under this section must 60.18 ensure that a permanent record of publication is maintained in a 60.19 form accessible by the public. 60.20 Sec. 48. [414.038] [EFFECT OF ANNEXATION OF TOWNSHIP 60.21 ROADS.] 60.22 Whenever a municipality annexes property abutting one side 60.23 of a township road, the segment of road abutting the annexed 60.24 property must be treated as a line road and is subject to 60.25 section 164.14. Whenever a municipality annexes the property on 60.26 both sides of a township road, that portion of road abutting the 60.27 annexed property ceases to be a town road and becomes the 60.28 obligation of the annexing municipality. This section does not 60.29 prohibit the annexing municipality from contracting with the 60.30 township for continued maintenance of the road. Any portion of 60.31 a township road that ceases to be a township road pursuant to 60.32 this section may still be counted as a township road for the 60.33 road-and-bridge account revenues for the year in which the 60.34 annexation occurs. 60.35 Sec. 49. [414.039] [EFFECT OF ANNEXATION ON EASEMENTS.] 60.36 If a municipality annexes property in which the affected 61.1 township holds any easement for the benefit of the public, the 61.2 township's easement interest continues unless otherwise agreed 61.3 to by the township. 61.4 Sec. 50. Laws 1999, chapter 238, article 1, section 2, 61.5 subdivision 2, is amended to read: 61.6 Subd. 2. Aeronautics 19,327,000 19,410,000 61.7 Summary by Fund 61.8 Airports 19,266,000 19,349,000 61.9 General 50,000 50,000 61.10 Trunk Highway 11,000 11,000 61.11 Except as otherwise provided, the 61.12 appropriations in this subdivision are 61.13 from the state airports fund. 61.14 The amounts that may be spent from this 61.15 appropriation for each activity are as 61.16 follows: 61.17 (a) Airport Development and Assistance 61.18 2000 2001 61.19 13,948,000 13,948,000 61.20 $12,846,000 the first year and 61.21 $12,846,000 the second year are for 61.22 navigational aids, construction grants, 61.23 and maintenance grants. If the 61.24 appropriation for either year is 61.25 insufficient, the appropriation for the 61.26 other year is available for it. 61.27 These appropriations must be spent in 61.28 accordance with Minnesota Statutes, 61.29 section 360.305, subdivision 4. 61.30 Notwithstanding Minnesota Statutes, 61.31 section 16A.28, subdivision 6, funds 61.32 are available for five years after 61.33 appropriation. 61.34 (b) Aviation Support 61.35 5,247,000 5,329,000 61.36 $65,000 the first year and $65,000 the 61.37 second year are for the civil air 61.38 patrol. 61.39 (c) Air Transportation Services 61.40 132,000 133,000 61.41 Summary by Fund 61.42 Airports 71,000 72,000 61.43 General 50,000 50,000 61.44 Trunk Highway 11,000 11,000 62.1 Sec. 51. Laws 2000, chapter 433, section 4, is amended to 62.2 read: 62.3 Sec. 4. [EFFECTIVE DATE.] 62.4 Sections 1 to 3 are effective the day following final 62.5 enactment and are repealed June 1, 2003. 62.6 Sec. 52. Laws 2001, First Special Session chapter 8, 62.7 article 1, section 2, subdivision 2, is amended to read: 62.8 Subd. 2. Aeronautics 20,748,000 20,489,000 62.9 Summary by Fund 62.10 Airports 20,687,000 20,428,000 62.11 General 50,000 50,000 62.12 Trunk Highway 11,000 11,000 62.13 Except as otherwise provided, the 62.14 appropriations in this subdivision are 62.15 from the state airports fund. 62.16 The amounts that may be spent from this 62.17 appropriation for each activity are as 62.18 follows: 62.19 (a) Airport Development and Assistance 62.20 14,298,000 14,298,000 62.21 These appropriations must be spent 62.22 according to Minnesota Statutes, 62.23 section 360.305, subdivision 4. 62.24 If the appropriation for either year is 62.25 insufficient, the appropriation for the 62.26 other year is available for it. 62.27 Notwithstanding Minnesota Statutes, 62.28 section 16A.28, subdivision 6, funds 62.29 are available for five years after 62.30 appropriation. 62.31 (b) Aviation Support 62.32 6,315,000 6,053,000 62.33 $65,000 the first year and $65,000 the 62.34 second year are for the civil air 62.35 patrol. 62.36 $600,000 each year is for GPS 62.37 navigation systems. Of this amount, 62.38 $250,000 each year adds to the agency's 62.39 budget base. 62.40 $400,000 the first year and $50,000 the 62.41 second year are for the development of 62.42 on-line aircraft registration 62.43 capabilities. 62.44 (c) Air Transportation Services 62.45 135,000 138,000 63.1 Summary by Fund 63.2 Airports 74,000 77,000 63.3 General 50,000 50,000 63.4 Trunk Highway 11,000 11,000 63.5 The commissioner shall take all 63.6 feasible actions to seek a waiver from 63.7 the appropriate federal authorities 63.8 that would allow the commissioner to 63.9 sell the airplane described in Laws 63.10 1997, chapter 159, article 1, section 63.11 2, subdivision 2, clause (c). Any 63.12 proceeds from the sale of the airplane 63.13 must be deposited in the general fund. 63.14 Sec. 53. [TRANSFER FROM LOAN FUND.] 63.15 The commissioner of finance shall transfer to the general 63.16 fund $8,200,000 of the money appropriated to the transportation 63.17 revolving loan fund under Laws 2000, chapter 479, article 1, 63.18 section 6, subdivision 2. This transfer must be made at the 63.19 rate of $4,100,000 each year of the 2004-2005 biennium. 63.20 [EFFECTIVE DATE.] This section is effective July 1, 2003. 63.21 Sec. 54. [REST AREA PROGRAM; REPORT.] 63.22 The commissioner of transportation shall report to the 63.23 chairs of the legislative committees with jurisdiction over 63.24 transportation policy and finance by January 30, 2004, on the 63.25 status of the department's highway rest area program. The 63.26 report must include: 63.27 (1) adequacy of funding for the program; 63.28 (2) all rest area closings and hours of service reductions 63.29 implemented and planned for the 2004-05 biennium; 63.30 (3) steps that the commissioner has taken or plans to make 63.31 to allow leasing of rest areas to private entities or operation 63.32 of rest areas by private entities, including provisions that the 63.33 commissioner has made or intends to make to promote the 63.34 employment of needy elderly persons at rest areas and preserve 63.35 contracts under Minnesota Statutes, section 248.07. 63.36 Sec. 55. [STUDY; USE OF CENTERLINE RUMBLE STRIPS.] 63.37 The commissioner of transportation shall study the 63.38 feasibility and practicability of: 63.39 (1) including milled-in rumble strips on the centerline of 63.40 the highway in all projects for the construction, 64.1 reconstruction, or resurfacing of two-lane trunk highways; and 64.2 (2) requiring that all projects for the construction, 64.3 reconstruction, or resurfacing of two-lane county state-aid 64.4 highways include milled-in rumble strips on the centerline of 64.5 the highway. 64.6 Sec. 56. [TRANSFERS.] 64.7 (a) The commissioner of finance shall transfer $155,000 64.8 from the remaining balance in the alcohol-impaired driver 64.9 education account in the special revenue fund to the general 64.10 fund. 64.11 (b) The commissioner of finance shall transfer $785,000 64.12 from the remaining balance in the greater Minnesota transit fund 64.13 to the general fund. 64.14 [EFFECTIVE DATE.] This section is effective July 1, 2003. 64.15 Sec. 57. [HUBBARD MARKETPLACE TRANSIT HUB.] 64.16 Until June 30, 2005, the metropolitan council is prohibited 64.17 from reducing the level of public access to services and 64.18 facilities at Hubbard Marketplace transit station, in the city 64.19 of Robbinsdale, as long as Hubbard Marketplace continues to be 64.20 operated as a transit station. 64.21 Sec. 58. [REQUEST FOR PROPOSALS.] 64.22 Notwithstanding Minnesota Statutes, section 473.4051, the 64.23 metropolitan council must prepare a request for proposals to 64.24 operate in whole or in part the Hiawatha light rail transit 64.25 line. The request must invite proposals from vendors from 64.26 within and outside of Minnesota. The metropolitan council must 64.27 consult with the commissioner of administration in preparing the 64.28 request. The council must obtain an internal competitive 64.29 proposal from its own metropolitan transit operations division. 64.30 The department of administration, in consultation with the 64.31 department of finance and the Hennepin county regional rail 64.32 authority, must evaluate the proposals received in a report to 64.33 the council. The council must take into consideration the 64.34 evaluations of the commissioner in determining whether it is 64.35 more advantageous to contract with a vendor for the operating 64.36 services, and if so, which vendor to select. If the council 65.1 determines it is more advantageous to contract with a vendor for 65.2 the operating services it must select a vendor not later than 65.3 December 1, 2003. Minnesota Statutes, section 473.392, does not 65.4 apply to the procurement by the council of operating services 65.5 for the Hiawatha light rail transit line. 65.6 Sec. 59. [ITASCA COUNTY; LAND EXCHANGE.] 65.7 Notwithstanding Minnesota Statutes, section 373.01, 65.8 subdivision 1, Itasca county may exchange a parcel or parcels of 65.9 real property of substantially similar or equal value without 65.10 advertising for bids to acquire real property for maintenance 65.11 facilities directly related to county highways. The estimated 65.12 value of the parcels exchanged must be determined by the Itasca 65.13 county assessor, and the exchange must otherwise comply with 65.14 Minnesota Statutes, section 373.01, and other applicable law. 65.15 [EFFECTIVE DATE.] This section is effective immediately 65.16 without local approval, because it enables a local government 65.17 unit to exercise authority not granted by general law as 65.18 provided in Minnesota Statutes, section 645.023, subdivision 1, 65.19 paragraph (a). 65.20 Sec. 60. [SOUTHWEST CORRIDOR RAIL TRANSIT; PROHIBITIONS.] 65.21 Subdivision 1. [DEFINITION.] For purposes of this section, 65.22 "southwest transit way corridor" means the southwest transit way 65.23 corridor between Minneapolis and Eden Prairie as identified by 65.24 the Hennepin county regional rail authority in its southwest 65.25 corridor rail transit study. 65.26 Subd. 2. [PROHIBITIONS.] Until July 1, 2005, neither the 65.27 commissioner of transportation, the metropolitan council, nor 65.28 the Hennepin county regional rail authority may take any action 65.29 or spend any money for preliminary engineering, final design, or 65.30 construction for light rail or commuter rail transit in the 65.31 southwest transit way corridor. 65.32 Sec. 61. [PARTICIPATION IN METROPOLITAN AIRPORTS 65.33 COMMISSION TAXICAB ADVISORY COMMITTEE.] 65.34 To the extent the metropolitan airports commission 65.35 maintains a taxicab advisory committee, the commission must 65.36 allow for full public comment and participation of any 66.1 individual, association, or other entity within the taxicab 66.2 industry. The commission may not prohibit participation of any 66.3 representative of a taxicab owner, taxicab company, or 66.4 association that qualifies to be a member of the taxicab 66.5 advisory committee. This section expires June 30, 2005. 66.6 Sec. 62. [REPEALER.] 66.7 (a) Minnesota Statutes 2002, section 169.794, is repealed. 66.8 (b) Minnesota Statutes 2002, section 169.799, is repealed. 66.9 (c) Minnesota Statutes 2002, section 174.242, is repealed. 66.10 (d) Minnesota Rules, part 7403.1300, is repealed. 66.11 (e) Minnesota Rules, part 7413.0400, is repealed. 66.12 (f) Minnesota Rules, part 7413.0500, is repealed. 66.13 Sec. 63. [EFFECTIVE DATE.] 66.14 This article is effective the day following final 66.15 enactment, unless otherwise specified. 66.16 ARTICLE 3 66.17 TRUNK HIGHWAY BONDING 66.18 Section 1. [HIGHWAY AND TRANSIT APPROPRIATIONS.] 66.19 Subdivision 1. [TRUNK HIGHWAY PROJECTS FINANCED BY STATE 66.20 BONDS.] (a) $550,000,000 is appropriated from the bond proceeds 66.21 account in the trunk highway fund to the commissioner of 66.22 transportation for trunk highway improvements. This 66.23 appropriation is for: 66.24 (1) trunk highway improvements within the seven-county 66.25 metropolitan area primarily for improving traffic flow and 66.26 expanding highway capacity by eliminating traffic bottlenecks 66.27 and improving segments of at-risk interregional corridors within 66.28 the seven-county area; and 66.29 (2) trunk highway improvements on at-risk interregional 66.30 corridors located outside the seven-county metropolitan area. 66.31 These appropriations include the cost of actual payment to 66.32 landowners for lands acquired for highway right-of-way, payment 66.33 to lessees, interest subsidies, and relocation expenses. Within 66.34 each category in clauses (1) and (2), the commissioner shall 66.35 spend not less than $25,000,000 on highway safety and capacity 66.36 improvement projects including but not limited to the addition 67.1 of lanes on trunk highway corridors with known safety problems. 67.2 (b) The commissioner of transportation may use up to 67.3 $93,500,000 of this appropriation for program delivery. 67.4 (c) The commissioner shall use $50,000,000 of this 67.5 appropriation for accelerating transit capital improvements on 67.6 trunk highways such as shoulder bus lanes, bus park-and-ride 67.7 facilities, and ramp meter-bypass facilities. 67.8 Subd. 2. [REPORT.] The commissioner shall report to the 67.9 committees having jurisdiction over transportation finance in 67.10 the house of representatives and senate, no later than January 67.11 15, 2004, on projects selected to be funded by this 67.12 appropriation. The report must include the geographic 67.13 distribution of the selected projects and their adherence to the 67.14 criteria listed in subdivision 1. 67.15 Subd. 3. [PROHIBITION.] The commissioner shall not award a 67.16 construction contract with the proceeds from this section until 67.17 30 days after the submission of the report required in 67.18 subdivision 2. 67.19 Subd. 4. [BOND SALE EXPENSES.] $550,000 is appropriated 67.20 from the bond proceeds account in the trunk highway fund to the 67.21 commissioner of finance for bond sale expenses under Minnesota 67.22 Statutes, section 16A.641, subdivision 8. 67.23 Subd. 5. [ANTILAPSE.] Notwithstanding other law to the 67.24 contrary, the appropriations in this section do not cancel until 67.25 February 1, 2009. 67.26 Sec. 2. [BOND SALE.] 67.27 To provide the money appropriated in section 1, 67.28 subdivisions 1 and 4, from the bond proceeds account in the 67.29 trunk highway fund, the commissioner of finance shall sell and 67.30 issue bonds of the state in an amount up to $550,550,000 in the 67.31 manner, on the terms, and with the effect prescribed by 67.32 Minnesota Statutes, sections 167.50 to 167.52, and by the 67.33 Minnesota Constitution, article XIV, section 11, at the times 67.34 and in the amounts requested by the commissioner of 67.35 transportation. The proceeds of the bonds, except accrued 67.36 interest and any premium received from the sale of the bonds, 68.1 must be deposited in the bond proceeds account in the trunk 68.2 highway fund. 68.3 Sec. 3. [ADVANCE CONSTRUCTION.] 68.4 (a) Through June 30, 2009, the commissioner of 68.5 transportation may spend up to $550,000,000 on trunk highway 68.6 improvements from funds approved for expenditure by the Federal 68.7 Highway Administration and designated as advance construction 68.8 funds. 68.9 (b) Any additional advance construction expenditures by the 68.10 commissioner approved by the Federal Highway Administration 68.11 through June 30, 2009, may be added to the amount in paragraph 68.12 (a). 68.13 (c) The commissioner shall report to the chairs of the 68.14 senate and house of representatives committees with jurisdiction 68.15 over transportation policy and finance by January 15 each year 68.16 regarding the use of advance construction funding in the 68.17 previous and current fiscal year. The report must include an 68.18 analysis of the impact of the use of advance construction 68.19 funding on the trunk highway fund balance and cash flow. The 68.20 report must include an estimate of the amount of additional 68.21 advance construction funding that is available for use in future 68.22 fiscal years and the impact on the department's total road 68.23 construction program. 68.24 Sec. 4. [GREATER MINNESOTA TRANSIT.] 68.25 The commissioner of transportation may spend up to 68.26 $5,000,000 through June 30, 2008, in federal transit funds for 68.27 capital assistance to public transit systems under Minnesota 68.28 Statutes, section 174.24. This amount is in addition to any 68.29 appropriations made by law for this purpose. 68.30 Sec. 5. [REPORT.] 68.31 The commissioner shall report by January 15 of each year of 68.32 the 2004-2005 biennium to the chairs of the legislative 68.33 committees with jurisdiction over transportation policy and 68.34 finance on (1) how the department is spending the appropriations 68.35 in this article for trunk highway improvements, and (2) the 68.36 department's plans to implement trunk highway improvements 69.1 funded under this article with current department staffing, and 69.2 an analysis of the need for additional staffing and consultant 69.3 services. 69.4 Sec. 6. [EFFECTIVE DATE.] 69.5 Sections 1 to 4 are effective the day following final 69.6 enactment. 69.7 ARTICLE 4 69.8 FISCAL YEAR 2003 APPROPRIATIONS AND TRANSFERS 69.9 Section 1. [TRANSPORTATION APPROPRIATIONS AND TRANSFERS.] 69.10 The dollar amounts in the columns under "APPROPRIATION 69.11 CHANGE" are added to or, if shown in parentheses, are subtracted 69.12 from the appropriations in Laws 2001, First Special Session 69.13 chapter 8, as amended, or other law to the specified agencies. 69.14 The appropriations are from the general fund or other named fund 69.15 and are available for the fiscal years indicated for each 69.16 purpose. The figure "2003" means that the addition to or 69.17 subtraction from the appropriations listed under the figure is 69.18 for the fiscal year ending June 30, 2003. 69.19 2003 69.20 TRANSFERS FROM OTHER FUNDS $ 15,000,000 69.21 CANCELLATIONS - GENERAL FUND (110,000,000) 69.22 TRUNK HIGHWAY BOND PROCEEDS 69.23 ACCOUNT - TRUNK HIGHWAY FUND 110,110,000 69.24 APPROPRIATION CHANGE 69.25 Sec. 2. TRANSPORTATION 110,000,000 69.26 This appropriation is from the trunk 69.27 highway bond proceeds account in the 69.28 trunk highway fund and is available for 69.29 expenditure beginning the day following 69.30 final enactment. It is for the same 69.31 purposes as specified in Laws 2000, 69.32 chapter 479, article 1, section 2, 69.33 subdivision 3. 69.34 Of the general fund appropriation in 69.35 Laws 2000, chapter 479, article 1, 69.36 section 2, subdivision 3, $110,000,000 69.37 cancels to the general fund. This 69.38 cancellation is effective the day 69.39 following final enactment. 69.40 By June 30, 2003, the commissioner of 69.41 finance shall transfer $15,000,000 of 69.42 the cash balance in the state airports 69.43 fund established in Minnesota Statutes, 69.44 section 360.017, to the general fund. 70.1 Sec. 3. BOND SALE EXPENSES 110,000 70.2 To the commissioner of finance for bond 70.3 sale expenses under Minnesota Statutes, 70.4 section 16A.641, subdivision 8. This 70.5 appropriation is from the trunk highway 70.6 bond proceeds account in the trunk 70.7 highway fund. 70.8 Sec. 4. BOND SALE AUTHORIZATION 70.9 To provide the money appropriated in 70.10 this act from the trunk highway bond 70.11 proceeds account in the trunk highway 70.12 fund, the commissioner of finance shall 70.13 sell and issue bonds of the state in an 70.14 amount up to $110,110,000 in the 70.15 manner, upon the terms, and with the 70.16 effect prescribed by Minnesota 70.17 Statutes, sections 167.50 to 167.52, 70.18 and by the Minnesota Constitution, 70.19 article XIV, section 11, at the times 70.20 and in the amount requested by the 70.21 commissioner of transportation. The 70.22 proceeds of the bonds, except accrued 70.23 interest and any premium received on 70.24 the sale of the bonds, must be credited 70.25 to the trunk highway bond proceeds 70.26 account in the trunk highway fund. 70.27 Sec. 5. [EFFECTIVE DATE.] 70.28 Sections 1 to 4 are effective the day following final 70.29 enactment.