Minnesota Legislature
HF 627
4th Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
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 reverse auctions, land 1.6 appraisal, archaeological or historic sites, 1.7 high-occupancy vehicle lanes, town line roads and 1.8 easements, major transportation projects commission, 1.9 advertisements for bids, regional railroad 1.10 authorities, city transit capital improvement projects 1.11 in metropolitan area, bus rapid transit and other 1.12 transit, local government permits, and other 1.13 transportation-related activities; providing for fees, 1.14 funds and accounts, transfers, allocations, and 1.15 expenditures; modifying provisions regulating special 1.16 mobile equipment, special vehicle license plates, 1.17 speed limits, vehicle insurance requirements, drivers' 1.18 licenses and identification cards, essential employee 1.19 status, the capitol complex security oversight 1.20 committee, and other activities related to public 1.21 safety; authorizing administrative powers, penalties, 1.22 and remedies for public safety purposes; requiring 1.23 studies and reports; making technical and clarifying 1.24 changes; changing transit funding, aid, and tax levy 1.25 provisions; amending Minnesota Statutes 2002, sections 1.26 10A.01, subdivision 24; 13.44, subdivision 3; 16A.88, 1.27 subdivision 1; 16C.10, subdivision 7; 138.40, 1.28 subdivisions 2, 3; 160.28, by adding a subdivision; 1.29 161.08; 161.20, subdivision 3; 164.12; 168.011, 1.30 subdivision 22; 168.12, subdivision 5; 168.54, 1.31 subdivision 4; 168A.29, subdivision 1; 169.14, 1.32 subdivision 5a, by adding a subdivision; 169.791, 1.33 subdivision 1; 169.796, by adding a subdivision; 1.34 169.797, subdivision 4a; 169.798, subdivision 1, by 1.35 adding a subdivision; 171.06, subdivision 3; 171.07, 1.36 subdivision 3; 171.14; 171.20, subdivision 4; 171.22, 1.37 subdivision 2; 171.29, subdivision 2; 174.03, 1.38 subdivision 6a; 174.24, subdivisions 1, 3b; 174.55, 1.39 subdivision 2; 179A.03, subdivision 7; 179A.10, 1.40 subdivision 2; 275.065, subdivision 3; 275.71, 1.41 subdivision 5; 297B.09, subdivision 1; 299A.465, 1.42 subdivision 4; 299E.03, subdivision 3; 398A.03, 1.43 subdivision 1; 471.345, subdivision 14; 473.399, 1.44 subdivision 1; 473.3994, subdivision 2; 473.3997; 1.45 473.446, subdivision 1; 609.531, subdivision 1; Laws 1.46 1999, chapter 238, article 1, section 2, subdivision 2.1 2; Laws 2001, First Special Session chapter 8, article 2.2 1, section 2, subdivision 2; proposing coding for new 2.3 law in Minnesota Statutes, chapters 117; 160; 168; 2.4 171; 299A; 331A; 373; 398A; 414; 473; repealing 2.5 Minnesota Statutes 2002, sections 16A.88, subdivision 2.6 3; 169.794; 169.799; 174.242; Minnesota Rules, parts 2.7 7403.1300; 7413.0400; 7413.0500. 2.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.9 ARTICLE 1 2.10 APPROPRIATIONS 2.11 TRANSPORTATION AND OTHER AGENCIES 2.12 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.13 The sums shown in the columns marked "APPROPRIATIONS" are 2.14 appropriated from the general fund, or another named fund, to 2.15 the agencies and for the purposes specified in this article, to 2.16 be available for the fiscal years indicated for each purpose. 2.17 The figures "2004" and "2005," where used in this article, mean 2.18 that the appropriations listed under them are available for the 2.19 year ending June 30, 2004, or June 30, 2005, respectively. If 2.20 the figures are not used, the appropriations are available for 2.21 the year ending June 30, 2004, or June 30, 2005, respectively. 2.22 The term "first year" means the year ending June 30, 2004, and 2.23 the term "second year" means the year ending June 30, 2005. 2.24 SUMMARY BY FUND 2.25 2004 2005 TOTAL 2.26 General $ 79,890,000 $ 79,805,000 $ 159,665,000 2.27 Airports 19,558,000 19,558,000 39,116,000 2.28 C.S.A.H. 425,687,000 443,298,000 868,985,000 2.29 M.S.A.S. 112,186,000 114,557,000 226,743,000 2.30 Special Revenue 994,000 994,000 1,988,000 2.31 Highway User 12,336,000 12,336,000 24,672,000 2.32 Trunk Highway 1,192,057,000 1,262,451,000 2,454,508,000 2.33 TOTAL $1,842,708,000 $1,922,999,000 $3,765,677,000 2.34 APPROPRIATIONS 2.35 Available for the Year 2.36 Ending June 30 2.37 2004 2005 2.38 Sec. 2. TRANSPORTATION 2.39 Subdivision 1. Total 2.40 Appropriation $1,671,766,000 $1,751,242,000 2.41 The appropriations in this section are 3.1 from the trunk highway fund, except 3.2 when another fund is named. 3.3 Summary by Fund 3.4 2004 2005 3.5 General 17,161,000 16,221,000 3.6 Airports 19,508,000 19,508,000 3.7 C.S.A.H. 425,687,000 433,298,000 3.8 M.S.A.S. 112,186,000 114,557,000 3.9 Trunk Highway 1,097,224,000 1,167,658,000 3.10 The amounts that may be spent from this 3.11 appropriation for each program are 3.12 specified in the following subdivisions. 3.13 Subd. 2. Multimodal Systems 41,648,000 41,649,000 3.14 Summary by Fund 3.15 Airports 19,483,000 19,483,000 3.16 General 16,155,000 16,156,000 3.17 Trunk Highway 6,010,000 6,010,000 3.18 The amounts that may be spent from this 3.19 appropriation for each activity are as 3.20 follows: 3.21 (a) Aeronautics 3.22 20,495,000 20,495,000 3.23 Summary by Fund 3.24 Airports 19,483,000 19,483,000 3.25 Trunk Highway 1,012,000 1,012,000 3.26 Except as otherwise provided, the 3.27 appropriations in this subdivision are 3.28 from the state airports fund. 3.29 (1) Airport Development 3.30 and Assistance 3.31 14,298,000 14,298,000 3.32 These appropriations must be spent 3.33 according to Minnesota Statutes, 3.34 section 360.305, subdivision 4. 3.35 Notwithstanding Minnesota Statutes, 3.36 section 16A.28, subdivision 6, funds 3.37 are available for five years after 3.38 appropriation. 3.39 If the appropriation for either year is 3.40 insufficient, the appropriation for the 3.41 other year is available for it. 3.42 Of this appropriation $750,000 each 3.43 year is for the long-range radar 3.44 facility in Alexandria. This 3.45 appropriation is contingent on a 4.1 partnership with the federal aviation 4.2 administration for this project. 4.3 (2) Aviation Support and Services 4.4 Summary by Fund 4.5 Airports 5,185,000 5,185,000 4.6 Trunk Highway 1,012,000 1,012,000 4.7 $165,000 the first year and $165,000 4.8 the second year are for the civil air 4.9 patrol. 4.10 (b) Transit 4.11 15,957,000 15,958,000 4.12 Summary by Fund 4.13 General 15,809,000 15,810,000 4.14 Trunk Highway 148,000 148,000 4.15 (c) Freight 4.16 1,569,000 1,569,000 4.17 Summary by Fund 4.18 General 220,000 220,000 4.19 Trunk Highway 1,349,000 1,349,000 4.20 Notwithstanding Minnesota Statutes, 4.21 section 222.49, after July 1, 2003, and 4.22 before June 30, 2004, the commissioner 4.23 of finance shall transfer $3,200,000 4.24 from the rail service improvement 4.25 account in the special revenue fund to 4.26 the debt service fund. 4.27 Notwithstanding Minnesota Statutes, 4.28 section 222.49, after July 1, 2004, and 4.29 before June 30, 2005, the commissioner 4.30 of finance shall transfer $3,200,000 4.31 from the rail service improvement 4.32 account in the special revenue fund to 4.33 the debt service fund. 4.34 (d) Commercial Vehicles 4.35 3,627,000 3,627,000 4.36 Summary by Fund 4.37 General 126,000 126,000 4.38 Trunk Highway 3,501,000 3,501,000 4.39 Subd. 3. State Roads 1,039,324,000 1,109,758,000 4.40 Summary by Fund 4.41 General 9,000 9,000 4.42 Trunk Highway 1,039,315,000 1,109,749,000 4.43 The amounts that may be spent from this 4.44 appropriation for each activity are as 5.1 follows: 5.2 (a) Infrastructure Investment and Planning 5.3 836,593,000 907,027,000 5.4 $266,000 the first year and $266,000 5.5 the second year are available for 5.6 grants to metropolitan planning 5.7 organizations outside the seven-county 5.8 metropolitan area. 5.9 $75,000 the first year and $75,000 the 5.10 second year are for a transportation 5.11 research contingent account to finance 5.12 research projects that are reimbursable 5.13 from the federal government or from 5.14 other sources. If the appropriation 5.15 for either year is insufficient, the 5.16 appropriation for the other year is 5.17 available for it. 5.18 $600,000 the first year and $600,000 5.19 the second year are available for 5.20 grants for transportation studies 5.21 outside the metropolitan area to 5.22 identify critical concerns, problems, 5.23 and issues. These grants are available 5.24 (1) to regional development 5.25 commissions, and (2) in regions where 5.26 no regional development commission is 5.27 functioning, to joint powers boards 5.28 established under agreement of two or 5.29 more political subdivisions in the 5.30 region to exercise the planning 5.31 functions of a regional development 5.32 commission, and (3) in regions where no 5.33 regional development commission or 5.34 joint powers board is functioning, to 5.35 the department's district office for 5.36 that region. 5.37 (1) State Road Construction 5.38 636,957,000 685,450,000 5.39 It is estimated that these 5.40 appropriations will be funded as 5.41 follows: 5.42 Federal Highway Aid 5.43 325,000,000 375,000,000 5.44 Highway User Taxes 5.45 311,957,000 310,457,000 5.46 The commissioner of transportation 5.47 shall notify the chair of the 5.48 transportation budget division of the 5.49 senate and the chair of the 5.50 transportation finance committee of the 5.51 house of representatives of any 5.52 significant events that should cause 5.53 these estimates to change. 5.54 This appropriation is for the actual 5.55 construction, reconstruction, and 5.56 improvement of trunk highways including 5.57 consultant usage to support these 6.1 activities. This includes the cost of 6.2 actual payment to landowners for lands 6.3 acquired for highway rights-of-way, 6.4 payment to lessees, interest subsidies, 6.5 and relocation expenses. 6.6 The commissioner may transfer up to 6.7 $15,000,000 each year to the 6.8 transportation revolving loan fund. 6.9 The commissioner may receive money 6.10 covering other shares of the cost of 6.11 partnership projects. These receipts 6.12 are appropriated to the commissioner 6.13 for these projects. 6.14 $1,500,000 the first year is for grants 6.15 to cities to reimburse them for actual 6.16 expenditures made prior to the 6.17 effective date of this section for the 6.18 relocation of municipal utilities 6.19 necessitated by the reconstruction of a 6.20 trunk highway. 6.21 (2) Highway Debt Service 6.22 40,149,000 60,583,000 6.23 $33,640,000 the first year and 6.24 $54,012,000 the second year are for 6.25 transfer to the state bond fund. If 6.26 this appropriation is insufficient to 6.27 make all transfers required in the year 6.28 for which it is made, the commissioner 6.29 of finance shall notify the committee 6.30 on state government finance of the 6.31 senate and the committee on ways and 6.32 means of the house of representatives 6.33 of the amount of the deficiency and 6.34 shall then transfer that amount under 6.35 the statutory open appropriation. Any 6.36 excess appropriation cancels to the 6.37 trunk highway fund. 6.38 (b) Infrastructure Operations 6.39 and Maintenance 6.40 197,741,000 197,741,000 6.41 (c) Electronic Communications 6.42 4,990,000 4,990,000 6.43 Summary by Fund 6.44 General 9,000 9,000 6.45 Trunk Highway 4,981,000 4,981,000 6.46 $9,000 the first year and $9,000 the 6.47 second year are from the general fund 6.48 for equipment and operation of the 6.49 Roosevelt signal tower for Lake of the 6.50 Woods weather broadcasting. 6.51 Subd. 4. Local Roads 538,813,000 547,855,000 6.52 Summary by Fund 6.53 General 940,000 -0- 7.1 C.S.A.H. 425,687,000 433,298,000 7.2 M.S.A.S. 112,186,000 114,557,000 7.3 The amounts that may be spent from this 7.4 appropriation for each activity are as 7.5 follows: 7.6 (a) County State Aids 7.7 425,687,000 433,298,000 7.8 This appropriation is from the county 7.9 state-aid highway fund and is available 7.10 until spent. 7.11 (b) Municipal State Aids 7.12 112,186,000 114,557,000 7.13 This appropriation is from the 7.14 municipal state-aid street fund and is 7.15 available until spent. 7.16 If an appropriation for either county 7.17 state aids or municipal state aids does 7.18 not exhaust the balance in the fund 7.19 from which it is made in the year for 7.20 which it is made, the commissioner of 7.21 finance, upon request of the 7.22 commissioner of transportation, shall 7.23 notify the chair of the transportation 7.24 finance committee of the house of 7.25 representatives and the chair of the 7.26 transportation budget division of the 7.27 senate of the amount of the remainder 7.28 and shall then add that amount to the 7.29 appropriation. The amount added is 7.30 appropriated for the purposes of county 7.31 state aids or municipal state aids, as 7.32 appropriate. 7.33 (c) Flood Rehabilitation 940,000 -0- 7.34 This appropriation is from the general 7.35 fund for grants to local governments 7.36 for capital costs related to the 7.37 rehabilitation, replacement, or 7.38 reconstruction of roads or bridges 7.39 damaged or destroyed by flooding or 7.40 that provide future protection from 7.41 flood damages in the area included in 7.42 DR-1419. A grantee shall submit to the 7.43 commissioner of transportation final 7.44 plans for each project before grant 7.45 money may be released. The 7.46 commissioner shall determine project 7.47 priorities and plans and require 7.48 changes to ensure the most prudent use 7.49 of state resources. 7.50 Subd. 5. General Support 7.51 and Services 51,980,000 51,980,000 7.52 Summary by Fund 7.53 General 56,000 56,000 7.54 Airports 25,000 25,000 7.55 Trunk Highway 51,899,000 51,899,000 8.1 The amounts that may be spent from this 8.2 appropriation for each activity are as 8.3 follows: 8.4 (a) Department Support 8.5 38,653,000 38,653,000 8.6 Summary by Fund 8.7 Airports 25,000 25,000 8.8 Trunk Highway 38,628,000 38,628,000 8.9 (b) Buildings 8.10 13,327,000 13,327,000 8.11 Summary by Fund 8.12 General 56,000 56,000 8.13 Trunk Highway 13,271,000 13,271,000 8.14 If the appropriation for either year is 8.15 insufficient, the appropriation for the 8.16 other year is available for it. 8.17 Subd. 6. Transfers 8.18 (a) With the approval of the 8.19 commissioner of finance, the 8.20 commissioner of transportation may 8.21 transfer unencumbered balances among 8.22 the appropriations from the trunk 8.23 highway fund and the state airports 8.24 fund made in this section. No transfer 8.25 may be made from the appropriation for 8.26 state road construction. No transfer 8.27 may be made from the appropriations for 8.28 debt service to any other appropriation. 8.29 Transfers under this paragraph may not 8.30 be made between funds. Transfers 8.31 between programs must be reported 8.32 immediately to the chair of the 8.33 transportation budget division of the 8.34 senate and the chair of the 8.35 transportation finance committee of the 8.36 house of representatives. 8.37 (b) The commissioner of finance shall 8.38 transfer from the flexible account in 8.39 the county state-aid highway fund 8.40 $14,400,000 the first year and 8.41 $8,300,000 the second year to the 8.42 municipal turnback account in the 8.43 municipal state-aid street fund, and 8.44 the remainder in each year to the 8.45 county turnback account in the county 8.46 state-aid highway fund. 8.47 Subd. 7. Use of State Road 8.48 Construction Appropriations 8.49 Any money appropriated to the 8.50 commissioner of transportation for 8.51 state road construction for any fiscal 8.52 year before fiscal year 2003 is 8.53 available to the commissioner during 8.54 fiscal years 2004 and 2005 to the 8.55 extent that the commissioner spends the 9.1 money on the state road construction 9.2 project for which the money was 9.3 originally encumbered during the fiscal 9.4 year for which it was appropriated. 9.5 The commissioner of transportation 9.6 shall report to the commissioner of 9.7 finance by August 1, 2003, and August 9.8 1, 2004, on a form the commissioner of 9.9 finance provides, on expenditures made 9.10 during the previous fiscal year that 9.11 are authorized by this subdivision. 9.12 Subd. 8. Contingent Appropriation 9.13 The commissioner of transportation, 9.14 with the approval of the governor after 9.15 review by the legislative advisory 9.16 commission under Minnesota Statutes, 9.17 section 3.30, may transfer all or part 9.18 of the unappropriated balance in the 9.19 trunk highway fund to an appropriation 9.20 (1) for trunk highway design, 9.21 construction, or inspection in order to 9.22 take advantage of an unanticipated 9.23 receipt of income to the trunk highway 9.24 fund or to take advantage of Federal 9.25 Advanced Construction funding, (2) for 9.26 trunk highway maintenance in order to 9.27 meet an emergency, or (3) to pay tort 9.28 or environmental claims. Any transfer 9.29 as a result of the use of Federal 9.30 Advanced Construction funding must 9.31 include an analysis of the effects on 9.32 the long-term trunk highway fund 9.33 balance. The amount transferred is 9.34 appropriated for the purpose of the 9.35 account to which it is transferred. 9.36 Sec. 3. METROPOLITAN COUNCIL 9.37 TRANSIT 55,693,000 56,573,000 9.38 (a) The agency's budget base for fiscal 9.39 year 2006 is $56,693,000 and for fiscal 9.40 year 2007 is $57,693,000. 9.41 (b) Bus Transit 9.42 53,453,000 53,453,000 9.43 This appropriation is for bus system 9.44 operations. 9.45 (c) Rail Operations 9.46 2,240,000 3,120,000 9.47 This appropriation is for operations of 9.48 the Hiawatha LRT line. The base for 9.49 rail operations for fiscal year 2006 is 9.50 $3,240,000 and for fiscal year 2007 is 9.51 $4,240,000. 9.52 This appropriation is for paying 40 9.53 percent of operating costs for the 9.54 Hiawatha light rail transit line after 9.55 operating revenue and federal funds 9.56 used for light rail transit operations. 9.57 The remaining costs are to be paid as 9.58 follows: 9.59 (1) up to $2,240,000 the first year and 10.1 up to $3,120,000 the second year by the 10.2 Hennepin county regional rail authority 10.3 from its reserves; and 10.4 (2) up to $960,000 the first year and 10.5 up to $1,337,000 the second year by the 10.6 city of Minneapolis, and up to $160,000 10.7 the first year and up to $223,000 the 10.8 second year by the city of Bloomington. 10.9 The metropolitan council may not spend 10.10 any state funds for the operation of 10.11 the Hiawatha light rail transit line 10.12 other than the appropriation in this 10.13 paragraph (c). 10.14 Sec. 4. PUBLIC SAFETY 10.15 Subdivision 1. Total 10.16 Appropriation 114,244,000 114,209,000 10.17 Summary by Fund 10.18 General 7,006,000 7,011,000 10.19 Trunk Highway 94,033,000 93,993,000 10.20 Highway User 12,211,000 12,211,000 10.21 Special Revenue 994,000 994,000 10.22 Subd. 2. Administration 10.23 and Related Services 9,684,000 9,689,000 10.24 Summary by Fund 10.25 General 2,361,000 2,366,000 10.26 Trunk Highway 5,938,000 5,938,000 10.27 Highway User 1,385,000 1,385,000 10.28 (a) Office of Communications 10.29 385,000 385,000 10.30 Summary by Fund 10.31 General 39,000 39,000 10.32 Trunk Highway 346,000 346,000 10.33 (b) Public Safety Support 10.34 6,845,000 6,850,000 10.35 Summary by Fund 10.36 General 2,231,000 2,236,000 10.37 Trunk Highway 3,248,000 3,248,000 10.38 Highway User 1,366,000 1,366,000 10.39 $365,000 the first year and $370,000 10.40 the second year are for payment of 10.41 public safety officer survivor benefits 10.42 under Minnesota Statutes, section 10.43 299A.44. If the appropriation for 10.44 either year is insufficient, the 10.45 appropriation for the other year is 11.1 available for it. The base for fiscal 11.2 year 2006 is $375,000 and for fiscal 11.3 year 2007 is $380,000. 11.4 $314,000 the first year and $314,000 11.5 the second year are to be deposited in 11.6 the public safety officer's benefit 11.7 account. This money is available for 11.8 reimbursements under Minnesota 11.9 Statutes, section 299A.465. 11.10 $508,000 the first year and $508,000 11.11 the second year are for soft body armor 11.12 reimbursements under Minnesota 11.13 Statutes, section 299A.38. 11.14 $792,000 the first year and $792,000 11.15 the second year are appropriated from 11.16 the general fund for transfer by the 11.17 commissioner of finance to the trunk 11.18 highway fund on December 31, 2003, and 11.19 December 31, 2004, respectively, in 11.20 order to reimburse the trunk highway 11.21 fund for expenses not related to the 11.22 fund. These represent amounts 11.23 appropriated out of the trunk highway 11.24 fund for general fund purposes in the 11.25 administration and related services 11.26 program. 11.27 $610,000 the first year and $610,000 11.28 the second year are appropriated from 11.29 the highway user tax distribution fund 11.30 for transfer by the commissioner of 11.31 finance to the trunk highway fund on 11.32 December 31, 2003, and December 31, 11.33 2004, respectively, in order to 11.34 reimburse the trunk highway fund for 11.35 expenses not related to the fund. 11.36 These represent amounts appropriated 11.37 out of the trunk highway fund for 11.38 highway user tax distribution fund 11.39 purposes in the administration and 11.40 related services program. 11.41 $716,000 the first year and $716,000 11.42 the second year are appropriated from 11.43 the highway user tax distribution fund 11.44 for transfer by the commissioner of 11.45 finance to the general fund on December 11.46 31, 2001, and December 31, 2002, 11.47 respectively, in order to reimburse the 11.48 general fund for expenses not related 11.49 to the fund. These represent amounts 11.50 appropriated out of the general fund 11.51 for operation of the criminal justice 11.52 data network related to driver and 11.53 motor vehicle licensing. 11.54 (c) Technical Support Services 11.55 2,454,000 2,454,000 11.56 Summary by Fund 11.57 General 91,000 91,000 11.58 Trunk Highway 2,344,000 2,344,000 11.59 Highway User 19,000 19,000 12.1 Subd. 3. State Patrol 66,332,000 66,332,000 12.2 Summary by Fund 12.3 General 2,871,000 2,871,000 12.4 Trunk Highway 63,369,000 63,369,000 12.5 Highway User 92,000 92,000 12.6 (a) Patrolling Highways 12.7 57,024,000 57,024,000 12.8 Summary by Fund 12.9 General 37,000 37,000 12.10 Trunk Highway 56,895,000 56,895,000 12.11 Highway User 92,000 92,000 12.12 (b) Commercial Vehicle Enforcement 12.13 6,474,000 6,474,000 12.14 This appropriation is from the trunk 12.15 highway fund. 12.16 (c) Capitol Security 12.17 2,834,000 2,834,000 12.18 Subd. 4. Driver and Vehicle Services 12.19 36,910,000 36,870,000 12.20 Summary by Fund 12.21 General 1,774,000 1,774,000 12.22 Trunk Highway 24,402,000 24,362,000 12.23 Highway User 10,734,000 10,734,000 12.24 (a) Vehicle Services 12.25 12,452,000 12,452,000 12.26 Summary by Fund 12.27 General 1,718,000 1,718,000 12.28 Highway User 10,734,000 10,734,000 12.29 (b) Driver Services 12.30 24,458,000 24,418,000 12.31 Summary by Fund 12.32 General 56,000 56,000 12.33 Trunk Highway 24,402,000 24,362,000 12.34 Subd. 5. Traffic Safety 324,000 324,000 12.35 This appropriation is from the trunk 12.36 highway fund. 12.37 The commissioners of public safety and 13.1 transportation shall jointly report 13.2 annually to the chairs and ranking 13.3 minority members of the house of 13.4 representatives and senate committees 13.5 having jurisdiction over transportation 13.6 and public safety finance issues on the 13.7 expenditure of any federal funds 13.8 available under the repeat offender 13.9 transfer program, Public Law 105-206, 13.10 section 164. 13.11 Subd. 6. Pipeline Safety 994,000 994,000 13.12 This appropriation is from the pipeline 13.13 safety account in the special revenue 13.14 fund. 13.15 Sec. 5. GENERAL CONTINGENT 13.16 ACCOUNTS 375,000 375,000 13.17 Summary by Fund 13.18 Trunk Highway 200,000 200,000 13.19 Highway User 125,000 125,000 13.20 Airports 50,000 50,000 13.21 The appropriations in this section may 13.22 only be spent with the approval of the 13.23 governor after consultation with the 13.24 legislative advisory commission 13.25 pursuant to Minnesota Statutes, section 13.26 3.30. 13.27 If an appropriation in this section for 13.28 either year is insufficient, the 13.29 appropriation for the other year is 13.30 available for it. 13.31 Sec. 6. TORT CLAIMS 600,000 600,000 13.32 To be spent by the commissioner of 13.33 finance. 13.34 This appropriation is from the trunk 13.35 highway fund. 13.36 If the appropriation for either year is 13.37 insufficient, the appropriation for the 13.38 other year is available for it. 13.39 ARTICLE 2 13.40 OTHER CHANGES RELATED TO TRANSPORTATION 13.41 AND PUBLIC SAFETY 13.42 Section 1. Minnesota Statutes 2002, section 10A.01, 13.43 subdivision 24, is amended to read: 13.44 Subd. 24. [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 13.45 governmental unit" means any of the seven counties in the 13.46 metropolitan area as defined in section 473.121, subdivision 13.47 2,a regional railroad authority established by one or more of13.48those counties under section 398A.03,a city with a population 14.1 of over 50,000 located in the seven-county metropolitan area, 14.2 the metropolitan council, or a metropolitan agency as defined in 14.3 section 473.121, subdivision 5a. 14.4 [EFFECTIVE DATE.] This section is effective December 31, 14.5 2003. 14.6 Sec. 2. Minnesota Statutes 2002, section 13.44, 14.7 subdivision 3, is amended to read: 14.8 Subd. 3. [REAL PROPERTY; APPRAISAL DATA.] (a) [ 14.9 CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 14.10 appraised values of individual parcels of real property which 14.11 are made by personnel of the state, its agencies and 14.12 departments, or a political subdivision or by independent 14.13 appraisers acting for the state, its agencies and departments, 14.14 or a political subdivision for the purpose of selling or 14.15 acquiring land through purchase or condemnation are classified 14.16 as confidential data on individuals or protected nonpublic data. 14.17 (b) [PUBLIC DATA.] The data made confidential or protected 14.18 nonpublic by the provisions of paragraph (a) shall become public 14.19 upon the occurrence of any of the following: 14.20 (1) the negotiating parties exchange appraisals; 14.21 (2) the data are submitted to a court appointed 14.22 condemnation commissioner; 14.23 (3) the data are presented in court in condemnation 14.24 proceedings;or14.25 (4) the negotiating parties enter into an agreement for the 14.26 purchase and sale of the property; or 14.27 (5) the data are submitted to the owner under section 14.28 117.036. 14.29 Sec. 3. Minnesota Statutes 2002, section 16A.88, 14.30 subdivision 1, is amended to read: 14.31 Subdivision 1. [GREATER MINNESOTA TRANSIT FUND.] The 14.32 greater Minnesota transit fund is established within the state 14.33 treasury. Money in the fund is annually appropriated to the 14.34 commissioner of transportation for assistance to transit systems 14.35 outside the metropolitan area under section 174.24. Beginning 14.36 in fiscal year 2003, the commissioner may use up to $400,000 15.1 each year for administration of the transit program. The 15.2 commissioner shall use the fund for transit operations as 15.3 provided in section 174.24 and related program administration. 15.4 Sec. 4. Minnesota Statutes 2002, section 16C.10, 15.5 subdivision 7, is amended to read: 15.6 Subd. 7. [REVERSE AUCTION.] (a) For the purpose of this 15.7 subdivision, "reverse auction" means a purchasing process in 15.8 which vendors compete to provide goods or services at the lowest 15.9 selling price in an open and interactive environment. 15.10 (b) The provisions of section 16C.06, subdivisions 2 and 3, 15.11 do not apply when the commissioner determines that a reverse 15.12 auction is the appropriate purchasing process. 15.13 (c) Notwithstanding any other law, the commissioner of 15.14 transportation may not award contracts for highway construction 15.15 or engineering services using a reverse auction process. 15.16 Sec. 5. [117.036] [APPRAISAL AND NEGOTIATION REQUIREMENTS 15.17 APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION 15.18 PURPOSES.] 15.19 Subdivision 1. [APPLICATION.] This section applies to the 15.20 acquisition of property for public highways, streets, roads, 15.21 alleys, airports, mass transit facilities, or for other 15.22 transportation facilities or purposes. 15.23 Subd. 2. [APPRAISAL.] (a) Before commencing an eminent 15.24 domain proceeding under this chapter, the acquiring authority 15.25 must obtain at least one appraisal for the property proposed to 15.26 be acquired. In making the appraisal, the appraiser must confer 15.27 with one or more of the owners of the property, if reasonably 15.28 possible. At least 20 days before presenting a petition under 15.29 section 117.055, the acquiring authority must provide the owner 15.30 with a copy of the appraisal and inform the owner of the owner's 15.31 right to obtain an appraisal under this section. 15.32 (b) The owner may obtain an appraisal by a qualified 15.33 appraiser of the property proposed to be acquired. The owner is 15.34 entitled to reimbursement for the reasonable costs of the 15.35 appraisal from the acquiring authority up to a maximum of $1,500 15.36 at the time the owner submits the appraisal to the acquiring 16.1 authority, provided that the owner does so within 60 days after 16.2 the owner receives the appraisal from the authority under 16.3 paragraph (a). 16.4 Sec. 6. Minnesota Statutes 2002, section 138.40, 16.5 subdivision 2, is amended to read: 16.6 Subd. 2. [COMPLIANCE, ENFORCEMENT, PRESERVATION.] State 16.7 and other governmental agencies shall comply with and aid in the 16.8 enforcement of provisions of sections 138.31 to 138.42. 16.9 Conservation officers and other enforcement officers of the 16.10 department of natural resources shall enforce the provisions of 16.11 sections 138.31 to 138.42 and report violations to the director 16.12 of the society. When archaeological or historic sites are known 16.13 or based on investigations or are suspected to exist on public 16.14 lands or waters, or in the case of a public highway project 16.15 undertaken by a road authority are known or based on scientific 16.16 investigations are predicted to exist, the agency or department 16.17 controlling said lands or waters shall use the professional 16.18 services of archaeologists from the University of Minnesota, 16.19 Minnesota historical society, or other qualified professional 16.20 archaeologists, to preserve these sites. In the event that 16.21 archaeological excavation is required to protect or preserve 16.22 these sites, state and other governmental agencies may use their 16.23 funds for such activities. 16.24 Sec. 7. Minnesota Statutes 2002, section 138.40, 16.25 subdivision 3, is amended to read: 16.26 Subd. 3. [REVIEW OF PLANS.] When significant 16.27 archaeological or historic sites are known or suspected to exist 16.28 on public lands or waters, or in the case of a public highway 16.29 project undertaken by a road authority are known or based on 16.30 scientific investigations are predicted to exist, the agency or 16.31 department controlling said lands or waters shall submit 16.32 construction or development plans to the state archaeologist and 16.33 the director of the society for review prior to the time bids 16.34 are advertised. The state archaeologist and the society shall 16.35 promptly review such plans and within 30 days of receiving the 16.36 plans shall make recommendations for the preservation of 17.1 archaeological or historic sites which may be endangered by 17.2 construction or development activities. When archaeological or 17.3 historic sites are related to Indian history or religion, the 17.4 state archaeologist shall submit the plans to the Indian affairs 17.5 council for the council's review and recommend action. 17.6 Sec. 8. Minnesota Statutes 2002, section 160.28, is 17.7 amended by adding a subdivision to read: 17.8 Subd. 3. [REST AREA LEASE AGREEMENTS.] (a) Except as 17.9 provided in paragraph (e), notwithstanding any other law the 17.10 commissioner may enter into lease agreements, through 17.11 negotiations or best value, with private entities relating to 17.12 the use of highway rest areas. 17.13 (b) A lease under this subdivision may: 17.14 (1) prescribe a term of up to 20 years, with the approval 17.15 of the commissioner of administration, and may be renewable for 17.16 additional terms; 17.17 (2) provide for corporate or business sponsorship of a rest 17.18 area for a fee to be determined by the commissioner; 17.19 (3) allow the lessee to offer for sale products or service 17.20 that the commissioner deems appropriate for sale in a highway 17.21 rest area; and 17.22 (4) allow the lessee to add leasehold improvements to the 17.23 site. 17.24 (c) A lease agreement for a rest area is subject to section 17.25 160.282 and must allow the commissioner to negotiate maintenance 17.26 service agreements that promote and encourage the employment of 17.27 needy elderly persons. 17.28 (d) Revenues from leases or sponsorships authorized under 17.29 this subdivision must be deposited in a highway rest area lease 17.30 account in the special revenue fund. Money in the account is 17.31 appropriated to the commissioner for administration of the rest 17.32 area program. 17.33 (e) Nothing in this subdivision affects existing contracts 17.34 under section 248.07 or their renewal. 17.35 (f) The commissioner shall take no action under this 17.36 subdivision that would result in the loss of federal highway 18.1 funds or require the payment of highway funds to the federal 18.2 government. 18.3 Sec. 9. [160.93] [USER FEES; HIGH-OCCUPANCY VEHICLE 18.4 LANES.] 18.5 Subdivision 1. [FEES AUTHORIZED.] To improve efficiency 18.6 and provide more options to individuals traveling in a trunk 18.7 highway corridor, the commissioner of transportation may charge 18.8 user fees to owners of single-occupant vehicles using designated 18.9 high-occupancy vehicle lanes. The fees may be collected using 18.10 electronic or other toll-collection methods and may vary in 18.11 amount with the time of day and level of traffic congestion 18.12 within the corridor. The commissioner shall consult with the 18.13 metropolitan council and obtain necessary federal authorizations 18.14 before implementing user fees on a high-occupancy vehicle lane. 18.15 Fees under this section are not subject to section 16A.1283. 18.16 Subd. 2. [DEPOSIT OF REVENUES; APPROPRIATION.] Money 18.17 collected from fees authorized under subdivision 1 must be 18.18 deposited in a high-occupancy vehicle lane user fee account in 18.19 the special revenue fund. A separate account must be 18.20 established for each trunk highway corridor. Money in the 18.21 account is appropriated to the commissioner. From this 18.22 appropriation the commissioner shall pay all costs of 18.23 implementing and administering the fee collection system for 18.24 that corridor. The commissioner shall spend remaining money in 18.25 the account as follows: 18.26 (1) one-half must be spent for transportation capital 18.27 improvements within the corridor; and 18.28 (2) one-half must be transferred to the metropolitan 18.29 council for expansion and improvement of bus transit services 18.30 within the corridor beyond the level of service provided on 18.31 January 1, 2003. 18.32 Subd. 3. [EXEMPTIONS.] With respect to this section, the 18.33 commissioner is exempt from statutory rulemaking requirements 18.34 and from sections 160.84 to 160.92 and 161.162 to 161.167. 18.35 Sec. 10. Minnesota Statutes 2002, section 161.08, is 18.36 amended to read: 19.1 161.08 [BOOKS OF ACCOUNTRECORDS AND REPORTS.] 19.2 Subdivision 1. [BOOKS OF ACCOUNT.] (a) The commissioner 19.3 shall keep accurate and complete books of account as may be 19.4 prescribed by the commissioner of finance, the same to show in 19.5 detail itemized receipts and disbursements of the trunk highway 19.6 fund. The books of account shall show the following facts, 19.7 among others: 19.8 (1) the expenses of maintaining the transportation 19.9 department, including the salaries and expenses of the 19.10 individual members thereof; 19.11 (2) the amounts of money expended in each county of the 19.12 state for the construction of trunk highways, and when, where, 19.13 and upon what job or portion of road expended so that the cost 19.14 per mile of such construction can be easily ascertained; 19.15 (3) any other money expended by the state in connection 19.16 with any roads other than trunk highways and when, where, and 19.17 upon what portion of road so expended; and 19.18 (4) the amount of road equipment and materials purchased, 19.19 and when, where, and from whom purchased, and the price paid for 19.20 each item. 19.21 (b) The original invoices shall form a part of the 19.22 permanent files and records in the department of transportation 19.23 and be open to public inspection. 19.24 Subd. 2. [BIENNIAL REPORT.] No later than October 15 of 19.25 each odd-numbered year, the commissioner shall report to the 19.26 legislature the total expenditures from the trunk highway fund 19.27 during the previous biennium in each of the following 19.28 categories: road construction; planning; professional and 19.29 technical contracts; design and engineering; labor; compliance 19.30 with environmental requirements; acquisition of right-of-way; 19.31 litigation costs, including payment of claims, settlements, and 19.32 judgments; maintenance; and road operations. 19.33 Sec. 11. Minnesota Statutes 2002, section 161.20, 19.34 subdivision 3, is amended to read: 19.35 Subd. 3. [TRUNK HIGHWAY FUND APPROPRIATIONS.] The 19.36 commissioner may expend trunk highway funds only for trunk 20.1 highway purposes. Payment of expenses related tosales tax,20.2 bureau of criminal apprehension laboratory, office of tourism 20.3 kiosks, Minnesota safety council, tort claims, driver education 20.4 programs, emergency medical services board, and Mississippi 20.5 River parkway commission do not further a highway purpose and do 20.6 not aid in the construction, improvement, or maintenance of the 20.7 highway system. 20.8 Sec. 12. Minnesota Statutes 2002, section 164.12, is 20.9 amended to read: 20.10 164.12 [ROAD ON TOWN LINE.] 20.11 Subdivision 1. [PROPOSAL TO ESTABLISH; MAINTAIN.] When 20.12 adjoining towns propose to establish, alter,orvacate, or 20.13 maintain a road on or along the line between such towns they 20.14 shall proceed as hereinafter provided. 20.15 Subd. 2. [DIVISION OF RESPONSIBILITIES.] The town boards 20.16 shall divide the length of the road proposed to be established, 20.17 altered,orvacated, or maintained into two parts. When it is 20.18 proposed to establish or alter a road, the division shall be 20.19 made so as to divide as nearly equal as possible the cost of 20.20 right-of-way, construction, and maintenance of the entire road. 20.21 If the proposal is to vacate a road, the division shall be made 20.22 so as to divide as nearly equal as possible any damages that may 20.23 be occasioned thereby. 20.24 Subd. 3. [AGREEMENT.] After the division the boards shall 20.25 enter into an agreement specifying which part shall be vacated, 20.26 or opened, constructed, and maintained by each. Thereafter, 20.27 each board shall proceed in the manner and subject to the same 20.28 review as provided in section 164.06 or section 164.07. 20.29 Subd. 4. [JOINT CONTRACT.] When a town line road is 20.30 establishedor, altered, or maintained as provided herein, the 20.31 boards may jointly let a contract covering all or part of the 20.32 work to be performed on the road. If a joint contract is not 20.33 let each town board shall open and construct its portion thereof 20.34 as expeditiously as possible. 20.35 Subd. 5. [PORTION OF ROAD TAKEN BY STATE OR COUNTY.] If a 20.36 portion of a town line road is taken over by the state as a 21.1 trunk highway, or by a county as a county state-aid highway or 21.2 county highway, the town boards concerned shall divide the 21.3 portions of the town line road not taken over by the state or 21.4 county, so that the cost of construction, reconstruction, and 21.5 maintenance thereof will be apportioned as nearly equal as 21.6 possible. After such division the boards shall enter into an 21.7 agreement specifying which part shall be constructed and 21.8 maintained by each. 21.9 Subd. 6. [FAILURE TO AGREE.] (a) When the town boards 21.10 cannot agree upon a division as provided in subdivision 2 or 21.11 subdivision 5, or upon the petition of either town board when a 21.12 division previously agreed upon has proved to be inequitable, 21.13 the county board, or where the road is on a county line the 21.14 county boards of the counties concerned, shall determine the 21.15 proper division of responsibility. In making such division the 21.16 county board or boards shall follow the procedure provided for 21.17 in subdivision 2 or 5. Where deemed necessary the services of 21.18 the county engineer may be used. 21.19 (b) When for any reason an agreement under paragraph (a) 21.20 cannot be reached, the town board of either or both towns may 21.21 request to have the matter determined through mediation, 21.22 arbitration, mediation-arbitration (med-arb), or other form of 21.23 alternative dispute resolution as described in Rule 114.02 of 21.24 the General Rules of Practice for the District Courts. The 21.25 parties may select a neutral who does not qualify under Rule 21.26 114.02. Mediated settlement agreements must be in accordance 21.27 with the Minnesota Civil Mediation Act, sections 572.31 to 21.28 572.40. Arbitrated agreements and med-arb agreements must be 21.29 final and binding. 21.30 Sec. 13. Minnesota Statutes 2002, section 168.011, 21.31 subdivision 22, is amended to read: 21.32 Subd. 22. [SPECIAL MOBILE EQUIPMENT.] "Special mobile 21.33 equipment" means every vehicle not designed or used primarily 21.34 for the transportation of persons or property and only 21.35 incidentally operated or moved over a highway, including but not 21.36 limited to: ditch-digging apparatuses, moving dollies, pump 22.1 hoists and other water well-drilling equipment registered under 22.2 chapter 103I, street-sweeping vehicles, and other machinery such 22.3 as asphalt spreaders, bituminous mixers, bucket loaders, 22.4 tractors other than truck-tractors, ditchers, leveling graders, 22.5 finishing machines, motor graders, road rollers, scarifiers, 22.6 truck-mounted log loaders, earth-moving carryalls, scrapers, 22.7 power shovels, draglines, self-propelled cranes, and 22.8 earth-moving equipment. The term does not include travel 22.9 trailers, dump trucks, truck-mounted transit mixers, 22.10 truck-mounted feed grinders, or other motor vehicles designed 22.11 for the transportation of persons or property to which machinery 22.12 has been attached. 22.13 Sec. 14. Minnesota Statutes 2002, section 168.12, 22.14 subdivision 5, is amended to read: 22.15 Subd. 5. [ADDITIONAL FEE.] (a) In addition to any fee 22.16 otherwise authorized or any tax otherwise imposed upon any motor 22.17 vehicle, the payment of which is required as a condition to the 22.18 issuance of any number license plate or plates, the commissioner 22.19 of public safetymayshall imposeathe fee specified in 22.20 paragraph (b) that is calculated to cover the cost of 22.21 manufacturing and issuing the license plate or plates, except 22.22 for license plates issued to disabled veterans as defined in 22.23 section 168.031 and license plates issued pursuant to section 22.24 168.124, 168.125, or 168.27, subdivisions 16 and 17, for 22.25 passenger automobiles. Graphic design license plates shall only 22.26 be issued for vehicles registered pursuant to section 168.017 22.27 and recreational vehicles registered pursuant to section 22.28 168.013, subdivision 1g. 22.29 (b) Unless otherwise specified or exempted by statute, the 22.30 following plate and validation sticker fees apply for the 22.31 original, duplicate, or replacement issuance of a plate in a 22.32 plate year: 22.33 Sequential Double Plate $ 4.25 22.34 Sequential Special Plate-Double $ 7.00 22.35 Sequential Single Plate $ 3.00 22.36 Sequential Special Plate-Single $ 5.50 23.1 Self-Adhesive Plate $ 2.50 23.2 Nonsequential Double Plate $14.00 23.3 Nonsequential Single Plate $10.00 23.4 Duplicate Sticker $ 1.00 23.5 (c) Fees collected under this subdivision must be paid into 23.6 the state treasury and credited to the highway user tax 23.7 distribution fund. 23.8 Sec. 15. [168.1293] [SPECIAL LICENSE PLATES; 23.9 AUTHORIZATION; DISCONTINUANCE.] 23.10 Subdivision 1. [DEFINITION.] For purposes of this section 23.11 "special license plate" means a license plate that is authorized 23.12 by law to have wording and graphics that differ from a standard 23.13 Minnesota passenger vehicle license plate, other than a license 23.14 plate authorized under section 168.10, 168.105, 168.12, 168.123, 23.15 168.1235, 168.124, 168.125, 168.1255, 168.128, 168.129, or 23.16 168.1296. 23.17 Subd. 2. [SUBMISSIONS TO DEPARTMENT.] (a) A person, legal 23.18 entity, or other requester, however organized, that plans to 23.19 seek legislation establishing a new special license plate shall 23.20 submit the following information and fee to the department of 23.21 public safety: 23.22 (1) The requester shall submit a request for the special 23.23 license plate being sought, describing the proposed license 23.24 plate in general terms, the purpose of the plate, and the 23.25 proposed fee or minimum contribution required for the plate. 23.26 (2) The requester shall submit the results of a scientific 23.27 sample survey of Minnesota motor vehicle owners that indicates 23.28 that at least 10,000 motor vehicle owners intend to purchase the 23.29 proposed plate with the proposed fee or minimum contribution. 23.30 The requester's plan to undertake the survey must be reported to 23.31 the department before the survey is undertaken. The survey must 23.32 be performed independently of the requester by another person or 23.33 legal entity, however organized, that conducts similar sample 23.34 surveys in the normal course of business. 23.35 (3) The requester shall submit an application fee in an 23.36 amount determined by the commissioner, not to exceed $20,000, to 24.1 cover the department's cost of reviewing the application and 24.2 developing the special license plate if authorized. State funds 24.3 may not be used to pay the application fee. 24.4 (4) The requester shall submit a marketing strategy that 24.5 contains (i) short-term and long-term marketing plans for the 24.6 requested plate, and (ii) a financial analysis showing the 24.7 anticipated revenues and the planned expenditures of any fee or 24.8 contribution derived from the requested plate. 24.9 (b) The requester shall submit the information required 24.10 under paragraph (a) to the department at least 120 days before 24.11 the convening of the next regular legislative session at which 24.12 the requester will submit the proposal. 24.13 Subd. 3. [DESIGN; REDESIGN.] (a) If the special license 24.14 plate sought by the requester is approved by law, the requester 24.15 shall submit the proposed design for the plate to the department 24.16 as soon as practicable, but not later than 120 days after the 24.17 effective date of the law authorizing issuance of the plate. 24.18 The department is responsible for selecting the final design for 24.19 the special license plate. 24.20 (b) The requester that originally requested a special 24.21 license plate subsequently approved by law may not submit a new 24.22 design for the plate within the five years following the date of 24.23 first issuance of the plate unless the inventory of those plates 24.24 has been exhausted. The requester may deplete the remaining 24.25 inventory of the plates by reimbursing the department for the 24.26 cost of the plates. 24.27 Subd. 4. [REFUND OF FEE.] If the special license plate 24.28 requested is not authorized in the legislative session at which 24.29 authorization was sought, the department shall refund the 24.30 application fee to the requester. 24.31 Subd. 5. [DISCONTINUANCE OF PLATE.] (a) The department 24.32 shall discontinue the issuance or renewal of any special license 24.33 plate if (1) less than 1,000 sets of those plates, including 24.34 annual renewals, have been issued by the end of the first five 24.35 full registration years during which the plates are available, 24.36 or (2) less than 1,000 sets of those plates, including annual 25.1 renewals, have been issued at the end of any subsequent two-year 25.2 period following the first five years of availability. 25.3 (b) The department may discontinue the issuance or renewal 25.4 of any special license plate, and distribution of any 25.5 contributions resulting from that plate, if the department 25.6 determines that (1) the fund or requester receiving the 25.7 contributions no longer exists, (2) the requester has stopped 25.8 providing services that are authorized to be funded from the 25.9 contribution proceeds, (3) the requester has requested 25.10 discontinuance, or (4) contributions have been used in violation 25.11 of subdivision 6. 25.12 Subd. 6. [USE OF CONTRIBUTIONS.] Contributions made as a 25.13 condition of obtaining a special license plate, and interest 25.14 earned on the contributions, may not be spent for commercial or 25.15 for-profit purposes. 25.16 Sec. 16. Minnesota Statutes 2002, section 168.54, 25.17 subdivision 4, is amended to read: 25.18 Subd. 4. [TRANSFER FEE.] A fee of$2$3 is imposed upon 25.19 every transfer of ownership by the commissioner of public safety 25.20 of any motor vehicle for which a registration certificate has 25.21 heretofore been issued under this chapter, except vehicles sold 25.22 for the purposes of salvage or dismantling or permanent removal 25.23 from the state. 25.24 Sec. 17. Minnesota Statutes 2002, section 168A.29, 25.25 subdivision 1, is amended to read: 25.26 Subdivision 1. [AMOUNTS.] (a) The department shall be paid 25.27 the following fees: 25.28 (1) for filing an application for and the issuance of an 25.29 original certificate of title, the sum of$2$3; 25.30 (2) for each security interest when first noted upon a 25.31 certificate of title, including the concurrent notation of any 25.32 assignment thereof and its subsequent release or satisfaction, 25.33 the sum of $2, except that no fee is due for a security interest 25.34 filed by a public authority under section 168A.05, subdivision 25.35 8; 25.36 (3) for the transfer of the interest of an owner and the 26.1 issuance of a new certificate of title, the sum of$2$3; 26.2 (4) for each assignment of a security interest when first 26.3 noted on a certificate of title, unless noted concurrently with 26.4 the security interest, the sum of $1; 26.5 (5) for issuing a duplicate certificate of title, the sum 26.6 of $4. 26.7 (b) After June 30, 1994, in addition to each of the fees 26.8 required under paragraph (a), clauses (1) and (3), the 26.9 department shall be paid $3.50. The additional fee collected 26.10 under this paragraph must be deposited in the special revenue 26.11 fund and credited to the public safety motor vehicle account 26.12 established in section 299A.70. 26.13 Sec. 18. Minnesota Statutes 2002, section 169.14, is 26.14 amended by adding a subdivision to read: 26.15 Subd. 2a. [SPEED LIMIT ON INTERSTATE HIGHWAY 35E.] The 26.16 commissioner shall designate the speed limit on marked 26.17 interstate highway 35E from West Seventh Street to marked 26.18 interstate highway 94 in St. Paul as 55 miles per hour, unless 26.19 the commissioner designates a different speed limit on that 26.20 highway after conducting an engineering and traffic 26.21 investigation under subdivision 4 and determining on the basis 26.22 of the investigation that a different speed limit is reasonable 26.23 and safe. Any speed in excess of a speed limit designated under 26.24 this section is unlawful. 26.25 [EFFECTIVE DATE.] This section is effective August 1, 2003. 26.26 Sec. 19. Minnesota Statutes 2002, section 169.14, 26.27 subdivision 5a, is amended to read: 26.28 Subd. 5a. [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) 26.29 Local authorities may establish a school speed limit within a 26.30 school zone of a public or nonpublic school upon the basis of an 26.31 engineering and traffic investigation as prescribed by the 26.32 commissioner of transportation. The establishment of a school 26.33 speed limit on any trunk highway shall be with the consent of 26.34 the commissioner of transportation. Such school speed limits 26.35 shall be in effect when children are present, going to or 26.36 leaving school during opening or closing hours or during school 27.1 recess periods. The school speed limit shall not be lower than 27.2 15 miles per hour and shall not be more than2030 miles per 27.3 hour below the established speed limit on an affected street or 27.4 highwayif the established speed limit is 40 miles per hour or27.5greater. 27.6 (b) The school speed limit shall be effective upon the 27.7 erection of appropriate signs designating the speed and 27.8 indicating the beginning and end of the reduced speed zone. Any 27.9 speed in excess of such posted school speed limit is unlawful. 27.10 All such signs shall be erected by the local authorities on 27.11 those streets and highways under their respective jurisdictions 27.12 and by the commissioner of transportation on trunk highways. 27.13 (c) For the purpose of this subdivision, "school zone" 27.14 means that section of a street or highway which abuts the 27.15 grounds of a school where children have access to the street or 27.16 highway from the school property or where an established school 27.17 crossing is located provided the school advance sign prescribed 27.18 by the manual on uniform traffic control devices adopted by the 27.19 commissioner of transportation pursuant to section 169.06 is in 27.20 place. All signs erected by local authorities to designate 27.21 speed limits in school zones shall conform to the manual on 27.22 uniform control devices. 27.23 (d) Notwithstanding section 609.0331 or 609.101 or other 27.24 law to the contrary, a person who violates a speed limit 27.25 established under this subdivision is assessed an additional 27.26 surcharge equal to the amount of the fine imposed for the 27.27 violation, but not less than $25. 27.28 Sec. 20. Minnesota Statutes 2002, section 169.791, 27.29 subdivision 1, is amended to read: 27.30 Subdivision 1. [TERMS DEFINED.] (a) For purposes of this 27.31 section and sections 169.792 to169.799169.798, the following 27.32 terms have the meanings given. 27.33 (b) "Commissioner" means the commissioner of public safety. 27.34 (c) "District court administrator" or "court administrator" 27.35 means the district court administrator or a deputy district 27.36 court administrator of the district court that has jurisdiction 28.1 of a violation of this section. 28.2 (d) "Insurance identification card" means a card issued by 28.3 an obligor to an insured stating that security as required by 28.4 section 65B.48 has been provided for the insured's vehicle. 28.5 (e) "Law enforcement agency" means the law enforcement 28.6 agency that employed the peace officer who demanded proof of 28.7 insurance under this section or section 169.792. 28.8 (f) "Peace officer" or "officer" means an employee of a 28.9 political subdivision or state law enforcement agency, including 28.10 the Minnesota state patrol, who is licensed by the Minnesota 28.11 board of peace officer standards and training and is authorized 28.12 to make arrests for violations of traffic laws. 28.13 (g) "Proof of insurance" means an insurance identification 28.14 card, written statement, or insurance policy as defined by 28.15 section 65B.14, subdivision 2. 28.16 (h) "Vehicle" means a motor vehicle as defined in section 28.17 65B.43, subdivision 2, or a motorcycle as defined in section 28.18 65B.43, subdivision 13. 28.19 (i) "Written statement" means a written statement by a 28.20 licensed insurance agent stating the name and address of the 28.21 insured, the vehicle identification number of the insured's 28.22 vehicle, that a plan of reparation security as required by 28.23 section 65B.48 has been provided for the insured's vehicle, and 28.24 the dates of the coverage. 28.25 (j) The definitions in section 65B.43 apply to sections 28.26 169.792 to169.799169.798. 28.27 Sec. 21. Minnesota Statutes 2002, section 169.796, is 28.28 amended by adding a subdivision to read: 28.29 Subd. 3. [SAMPLING TO VERIFY INSURANCE COVERAGE.] (a) The 28.30 commissioner of public safety may implement a monthly sampling 28.31 program to verify insurance coverage. The sample must annually 28.32 include at least two percent of all drivers who own motor 28.33 vehicles, as defined in section 168.011, licensed in the state, 28.34 one-half of whom during the previous year have been convicted of 28.35 at least one vehicle insurance law violation, have had a 28.36 driver's license revoked or suspended due to habitual violation 29.1 of traffic laws, have had no insurance in effect at the time of 29.2 a reportable crash, or have been convicted of an alcohol-related 29.3 motor vehicle offense. No sample may be selected based on race, 29.4 religion, physical or mental disability, economic status, or 29.5 geographic location. 29.6 (b) The commissioner shall request each vehicle owner 29.7 included in the sample to furnish insurance coverage information 29.8 to the commissioner within 30 days. The request must require 29.9 the owner to state whether or not all motor vehicles owned by 29.10 that person were insured on the verification date stated in the 29.11 commissioner's request. The request may require, but is not 29.12 limited to, a signed statement by the owner that the information 29.13 is true and correct, the names and addresses of insurers, policy 29.14 numbers, and expiration or renewal dates of insurance coverage. 29.15 (c) The commissioner shall conduct a verification of the 29.16 response by transmitting necessary information to the insurance 29.17 companies named in the owner's response. 29.18 (d) The insurance companies shall electronically notify the 29.19 commissioner, within 30 days of the commissioner's request, of 29.20 any false statements regarding coverage. 29.21 (e) The commissioner shall suspend, without preliminary 29.22 hearing, the driver's license, if any, of a vehicle owner who 29.23 falsely claims coverage, who indicates that coverage was not in 29.24 effect at the time specified in the request, or who fails to 29.25 respond to the commissioner's request to furnish proof of 29.26 insurance. The commissioner shall comply with the notice 29.27 requirement of section 171.18, subdivision 2. 29.28 (f) Before reinstatement of the driver's license, there 29.29 must be filed with the commissioner of public safety the written 29.30 certificate of an insurance carrier authorized to do business in 29.31 the state stating that security has been provided as required by 29.32 section 65B.48. The commissioner of public safety may require 29.33 the certificate of insurance provided to satisfy this 29.34 subdivision to be certified by the insurance carrier for a 29.35 period not to exceed one year. The commissioner of public 29.36 safety may also require a certificate of insurance to be filed 30.1 with respect to all vehicles required to be insured under 30.2 section 65B.48 and owned by any person whose driving privileges 30.3 have been suspended as provided in this section before 30.4 reinstating the person's driver's license. 30.5 Sec. 22. Minnesota Statutes 2002, section 169.797, 30.6 subdivision 4a, is amended to read: 30.7 Subd. 4a. [REGISTRATION REVOCATION AND LICENSE 30.8 SUSPENSION.] The commissioner of public safety shall revoke the 30.9 registration of any vehicle andmayshall suspend the driver's 30.10 license of any operator, without preliminary hearing upon a 30.11 showing by department records, including accident reports 30.12 required to be submitted by section 169.09, or other sufficient 30.13 evidence that security required by section 65B.48 has not been 30.14 provided and maintained. Before reinstatement of the 30.15 registration, there shall be filed with the commissioner of 30.16 public safety the written certificate of an insurance carrier 30.17 authorized to do business in the state stating that security has 30.18 been provided as required by section 65B.48. The commissioner 30.19 of public safety may require the certificate of insurance 30.20 provided to satisfy this subdivision to be certified by the 30.21 insurance carrier to be noncancelable for a period not to exceed 30.22 one year. The commissioner of public safety may also require a 30.23 certificate of insurance to be filed with respect to all 30.24 vehicles required to be insured under section 65B.48 and owned 30.25 by any person whose driving privileges have been suspended or 30.26 revoked as provided in this section before reinstating the 30.27 person's driver's license. 30.28 Sec. 23. Minnesota Statutes 2002, section 169.798, 30.29 subdivision 1, is amended to read: 30.30 Subdivision 1. [AUTHORITY.] The commissioner of public 30.31 safety shall have the power and perform the duties imposed 30.32 by this section and sections 65B.41 to 65B.71, this section,and 30.33sections169.797and 169.799,and may adopt rules to implement 30.34 and provide effective administration of the provisions requiring 30.35 security and governing termination of security. 30.36 Sec. 24. Minnesota Statutes 2002, section 169.798, is 31.1 amended by adding a subdivision to read: 31.2 Subd. 4. [ATTESTATION OF INSURANCE REQUIRED.] Every owner, 31.3 when applying for motor vehicle or motorcycle registration, 31.4 reregistration, or transfer of ownership, must attest that the 31.5 motor vehicle or motorcycle is covered by an insurance policy. 31.6 Sec. 25. Minnesota Statutes 2002, section 171.20, 31.7 subdivision 4, is amended to read: 31.8 Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is 31.9 reinstated, (1) a person whose driver's license has been 31.10 suspended under section 171.16, subdivision 2; 171.18, except 31.11 subdivision 1, clause (10); or 171.182, or who has been 31.12 disqualified from holding a commercial driver's license under 31.13 section 171.165, and (2) a person whose driver's license has 31.14 been suspended under section 171.186 and who is not exempt from 31.15 such a fee, must pay a fee of $20. 31.16 (b) Before the license is reinstated, a person whose 31.17 license has been suspended or revoked under sections 169.791 to 31.18 169.798 must pay a $20 reinstatement fee. 31.19 (c) When fees are collected by a licensing agent appointed 31.20 under section 171.061, a handling charge is imposed in the 31.21 amount specified under section 171.061, subdivision 4. The 31.22 reinstatement fee and surcharge must be deposited in an approved 31.23 state depository as directed under section 171.061, subdivision 31.24 4. 31.25 (d) A suspension may be rescinded without fee for good 31.26 cause. 31.27 Sec. 26. Minnesota Statutes 2002, section 171.29, 31.28 subdivision 2, is amended to read: 31.29 Subd. 2. [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.] 31.30 (a) A person whose driver's license has been revoked as provided 31.31 in subdivision 1, except under section 169A.52, 169A.54, or 31.32 609.21, shall pay a $30 fee before the driver's license is 31.33 reinstated. 31.34 (b) A person whose driver's license has been revoked as 31.35 provided in subdivision 1 under section 169A.52, 169A.54, or 31.36 609.21, shall pay a$250$300 fee plus a $40 surcharge before 32.1 the driver's license is reinstated. Beginning July 1, 2002, the 32.2 surcharge is $145. Beginning July 1, 2003, the surcharge is 32.3 $380. The$250$300 fee is to be credited as follows: 32.4 (1) Twenty percent must be credited to the trunk highway 32.5 fund. 32.6 (2)Sixty-sevenFifty-six percent must be credited to the 32.7 general fund. 32.8 (3) Eight percent must be credited to a separate account to 32.9 be known as the bureau of criminal apprehension account. Money 32.10 in this account may be appropriated to the commissioner of 32.11 public safety and the appropriated amount must be apportioned 80 32.12 percent for laboratory costs and 20 percent for carrying out the 32.13 provisions of section 299C.065. 32.14 (4)FiveSixteen percent must be credited to a separate 32.15 account to be known as the traumatic brain injury and spinal 32.16 cord injury account. The money in the account is annually 32.17 appropriated to the commissioner of health to be used as 32.18 follows:3583 percent for a contract with a qualified 32.19 community-based organization to provide information, resources, 32.20 and support to assist persons with traumatic brain injury and 32.21 their families to access services, and6517 percent to maintain 32.22 the traumatic brain injury and spinal cord injury registry 32.23 created in section 144.662. For the purposes of this clause, a 32.24 "qualified community-based organization" is a private, 32.25 not-for-profit organization of consumers of traumatic brain 32.26 injury services and their family members. The organization must 32.27 be registered with the United States Internal Revenue Service 32.28 under section 501(c)(3) as a tax-exempt organization and must 32.29 have as its purposes: 32.30 (i) the promotion of public, family, survivor, and 32.31 professional awareness of the incidence and consequences of 32.32 traumatic brain injury; 32.33 (ii) the provision of a network of support for persons with 32.34 traumatic brain injury, their families, and friends; 32.35 (iii) the development and support of programs and services 32.36 to prevent traumatic brain injury; 33.1 (iv) the establishment of education programs for persons 33.2 with traumatic brain injury; and 33.3 (v) the empowerment of persons with traumatic brain injury 33.4 through participation in its governance. 33.5 No patient's name, identifying information, or identifiable 33.6 medical data will be disclosed to the organization without the 33.7 informed voluntary written consent of the patient or patient's 33.8 guardian or, if the patient is a minor, of the parent or 33.9 guardian of the patient. 33.10 (c) The surcharge must be credited to a separate account to 33.11 be known as the remote electronic alcohol-monitoring program 33.12 account. The commissioner shall transfer the balance of this 33.13 account to the commissioner of finance on a monthly basis for 33.14 deposit in the general fund. 33.15 (d) When these fees are collected by a licensing agent, 33.16 appointed under section 171.061, a handling charge is imposed in 33.17 the amount specified under section 171.061, subdivision 4. The 33.18 reinstatement fees and surcharge must be deposited in an 33.19 approved state depository as directed under section 171.061, 33.20 subdivision 4. 33.21 Sec. 27. Minnesota Statutes 2002, section 174.03, 33.22 subdivision 6a, is amended to read: 33.23 Subd. 6a. [ECONOMIC ANALYSIS OF NONHIGHWAY ALTERNATIVES.] 33.24 If the commissioner considers congestion pricing, tolls, mileage 33.25 pricing, or public-private partnerships in order to meet the 33.26 transportation needs of commuters in the department's 33.27 metropolitan district between 2001 and 2020, the commissioner 33.28 shall, in cooperation with the metropolitan counciland the33.29regional railroad authorities in the district, compare the 33.30 economics of these financing methods with the economics of 33.31 nonhighway alternatives for moving commuters. The commissioner 33.32 shall analyze the economics as they relate to both individuals 33.33 and to the transportation system. 33.34 [EFFECTIVE DATE.] This section is effective December 31, 33.35 2003. 33.36 Sec. 28. Minnesota Statutes 2002, section 174.24, 34.1 subdivision 1, is amended to read: 34.2 Subdivision 1. [ESTABLISHMENT; PURPOSE.] A public transit 34.3 participation program is established to carry out the objectives 34.4 stated in section 174.21 by providing financial assistance from 34.5 the state, including the greater Minnesota transit fund 34.6 established in section 16A.88, to eligible recipients outside of 34.7 the metropolitan area. 34.8 Sec. 29. Minnesota Statutes 2002, section 174.24, 34.9 subdivision 3b, is amended to read: 34.10 Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner 34.11 shall determine the total operating cost of any public transit 34.12 system receiving or applying for assistance in accordance with 34.13 generally accepted accounting principles. To be eligible for 34.14 financial assistance, an applicant or recipient shall provide to 34.15 the commissioner all financial records and other information and 34.16 shall permit any inspection reasonably necessary to determine 34.17 total operating cost and correspondingly the amount of 34.18 assistancewhichthat may be paid to the applicant or recipient. 34.19 Where more than one county or municipality contributes 34.20 assistance to the operation of a public transit system, the 34.21 commissioner shall identify one as lead agency for the purpose 34.22 of receiving money under this section. 34.23 (b) Prior to distributing operating assistance to eligible 34.24 recipients for any contract period, the commissioner shall place 34.25 all recipients into one of the following classifications: 34.26 urbanized area service, small urban area service, rural area 34.27 service, and elderly and handicapped service. The commissioner 34.28 shall distribute funds under this section so that the percentage 34.29 of total operating cost paid by any recipient from local sources 34.30 will not exceed the percentage for that recipient's 34.31 classification, except as provided in an undue hardship case. 34.32 The percentages must be: for urbanized area service and small 34.33 urban area service,4020 percent; for rural area service,3515 34.34 percent; and for elderly and handicapped service,3515 percent. 34.35 The remainder of the total operating cost will be paid from 34.36 state funds less any assistance received by the recipient from 35.1 any federal source. For purposes of this subdivision "local 35.2 sources" meanspayments under section 174.242 plusall local 35.3 sources of funds and includes all operating revenue, tax levies, 35.4 and contributions from public funds, except that the 35.5 commissioner may exclude from the total assistance contract 35.6 revenues derived from operations the cost of which is excluded 35.7 from the computation of total operating cost. Total operating 35.8 costs of the Duluth transit authority or a successor agency 35.9shalldoes not include costs related to the Superior, Wisconsin 35.10 service contract and the independent school district No. 709 35.11 service contract. For calendar years 2004 and 2005, to enable 35.12 public transit systems to meet the provisions of this section 35.13 the commissioner may adjust payments of financial assistance to 35.14 recipients that were under a contract with the department on 35.15 January 1, 2003. 35.16 (c) If a recipient informs the commissioner in writing 35.17 after the establishment of these percentages but prior to the 35.18 distribution of financial assistance for any year that paying 35.19 its designated percentage of total operating cost from local 35.20 sources will cause undue hardship, the commissioner may reduce 35.21 the percentage to be paid from local sources by the recipient 35.22 and increase the percentage to be paid from local sources by one 35.23 or more other recipients inside or outside the classification,35.24provided that no recipient shall have its. However, the 35.25 commissioner may not reduce or increase any recipient's 35.26 percentagethus reduced or increasedunder this paragraph for 35.27 more than two years successively. If for any year the funds 35.28 appropriated to the commissioner to carry out the purposes of 35.29 this section are insufficient to allow the commissioner to pay 35.30 the state share of total operating cost as provided in this 35.31 paragraph, the commissioner shall reduce the state share in each 35.32 classification to the extent necessary. 35.33 Sec. 30. Minnesota Statutes 2002, section 174.55, 35.34 subdivision 2, is amended to read: 35.35 Subd. 2. [COMPOSITION.] The major transportation projects 35.36 commission is composed of the governor or the governor's 36.1 designee; four citizen members appointed by the governor and 36.2 serving at the pleasure of the governor; seven senators 36.3 appointed by the subcommittee on committees of the committee on 36.4 rules and administration, three of whom must not be members of 36.5 the senate majority party; and seven members of the house of 36.6 representatives appointed by the speaker, three of whom must not 36.7 be members of the house majority party. The commissioner of 36.8 transportation shall serve as a nonvoting member unless the 36.9 commissioner is the governor's designee. The commission shall 36.10 elect a chair from among its members. Nongovernment members of 36.11 the commission shall receive compensation in accordance with 36.12 section 15.059, subdivision 3. The commission expires June 30, 36.13 2004. 36.14 Sec. 31. Minnesota Statutes 2002, section 179A.03, 36.15 subdivision 7, is amended to read: 36.16 Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means 36.17 firefighters, peace officers subject to licensure under sections 36.18 626.84 to 626.863, 911 system and police and fire department 36.19 public safety dispatchers, guards at correctional facilities, 36.20 confidential employees, supervisory employees, assistant county 36.21 attorneys, assistant city attorneys, principals, and assistant 36.22 principals. However, for state employees, "essential employee" 36.23 means all employees in law enforcement, public safety radio 36.24 communications operators, health care professionals, 36.25 correctional guards, professional engineering, and supervisory 36.26 collective bargaining units, irrespective of severance, and no 36.27 other employees. For University of Minnesota employees, 36.28 "essential employee" means all employees in law enforcement, 36.29 nursing professional and supervisory units, irrespective of 36.30 severance, and no other employees. "Firefighters" means 36.31 salaried employees of a fire department whose duties include, 36.32 directly or indirectly, controlling, extinguishing, preventing, 36.33 detecting, or investigating fires. Employees for whom the state 36.34 court administrator is the negotiating employer are not 36.35 essential employees. 36.36 [EFFECTIVE DATE.] This section is effective July 1, 2003. 37.1 Sec. 32. Minnesota Statutes 2002, section 179A.10, 37.2 subdivision 2, is amended to read: 37.3 Subd. 2. [STATE EMPLOYEES.] Unclassified employees, unless 37.4 otherwise excluded, are included within the units which include 37.5 the classifications to which they are assigned for purposes of 37.6 compensation. Supervisory employees shall only be assigned to 37.7 units 12 and 16. The following are the appropriate units of 37.8 executive branch state employees: 37.9 (1) law enforcement unit; 37.10 (2) craft, maintenance, and labor unit; 37.11 (3) service unit; 37.12 (4) health care nonprofessional unit; 37.13 (5) health care professional unit; 37.14 (6) clerical and office unit; 37.15 (7) technical unit; 37.16 (8) correctional guards unit; 37.17 (9) state university instructional unit; 37.18 (10) state college instructional unit; 37.19 (11) state university administrative unit; 37.20 (12) professional engineering unit; 37.21 (13) health treatment unit; 37.22 (14) general professional unit; 37.23 (15) professional state residential instructional unit;and37.24 (16) supervisory employees unit; and 37.25 (17) public safety radio communications operator unit. 37.26 Each unit consists of the classifications or positions 37.27 assigned to it in the schedule of state employee job 37.28 classification and positions maintained by the commissioner. 37.29 The commissioner may only make changes in the schedule in 37.30 existence on the day prior to August 1, 1984, as required by law 37.31 or as provided in subdivision 4. 37.32 [EFFECTIVE DATE.] This section is effective July 1, 2003. 37.33 Sec. 33. Minnesota Statutes 2002, section 275.065, 37.34 subdivision 3, is amended to read: 37.35 Subd. 3. [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 37.36 county auditor shall prepare and the county treasurer shall 38.1 deliver after November 10 and on or before November 24 each 38.2 year, by first class mail to each taxpayer at the address listed 38.3 on the county's current year's assessment roll, a notice of 38.4 proposed property taxes. 38.5 (b) The commissioner of revenue shall prescribe the form of 38.6 the notice. 38.7 (c) The notice must inform taxpayers that it contains the 38.8 amount of property taxes each taxing authority proposes to 38.9 collect for taxes payable the following year. In the case of a 38.10 town, or in the case of the state general tax, the final tax 38.11 amount will be its proposed tax. In the case of taxing 38.12 authorities required to hold a public meeting under subdivision 38.13 6, the notice must clearly state that each taxing authority, 38.14 including regional library districts established under section 38.15 134.201, and including the metropolitan taxing districts as 38.16 defined in paragraph (i), but excluding all other special taxing 38.17 districts and towns, will hold a public meeting to receive 38.18 public testimony on the proposed budget and proposed or final 38.19 property tax levy, or, in case of a school district, on the 38.20 current budget and proposed property tax levy. It must clearly 38.21 state the time and place of each taxing authority's meeting, a 38.22 telephone number for the taxing authority that taxpayers may 38.23 call if they have questions related to the notice, and an 38.24 address where comments will be received by mail. 38.25 (d) The notice must state for each parcel: 38.26 (1) the market value of the property as determined under 38.27 section 273.11, and used for computing property taxes payable in 38.28 the following year and for taxes payable in the current year as 38.29 each appears in the records of the county assessor on November 1 38.30 of the current year; and, in the case of residential property, 38.31 whether the property is classified as homestead or 38.32 nonhomestead. The notice must clearly inform taxpayers of the 38.33 years to which the market values apply and that the values are 38.34 final values; 38.35 (2) the items listed below, shown separately by county, 38.36 city or town, and state general tax, net of the residential and 39.1 agricultural homestead credit under section 273.1384, voter 39.2 approved school levy, other local school levy, and the sum of 39.3 the special taxing districts, and as a total of all taxing 39.4 authorities: 39.5 (i) the actual tax for taxes payable in the current year; 39.6 (ii) the tax change due to spending factors, defined as the 39.7 proposed tax minus the constant spending tax amount; 39.8 (iii) the tax change due to other factors, defined as the 39.9 constant spending tax amount minus the actual current year tax; 39.10 and 39.11 (iv) the proposed tax amount. 39.12 If the county levy under clause (2) includes an amount for 39.13 a lake improvement district as defined under sections 103B.501 39.14 to 103B.581, the amount attributable for that purpose must be 39.15 separately stated from the remaining county levy amount. 39.16 In the case of a town or the state general tax, the final 39.17 tax shall also be its proposed tax unless the town changes its 39.18 levy at a special town meeting under section 365.52. If a 39.19 school district has certified under section 126C.17, subdivision 39.20 9, that a referendum will be held in the school district at the 39.21 November general election, the county auditor must note next to 39.22 the school district's proposed amount that a referendum is 39.23 pending and that, if approved by the voters, the tax amount may 39.24 be higher than shown on the notice. In the case of the city of 39.25 Minneapolis, the levy for the Minneapolis library board and the 39.26 levy for Minneapolis park and recreation shall be listed 39.27 separately from the remaining amount of the city's levy. In the 39.28 case of the city of St. Paul, the levy for the St. Paul library 39.29 agency must be listed separately from the remaining amount of 39.30 the city's levy. In the case of a parcel where tax increment or 39.31 the fiscal disparities areawide tax under chapter 276A or 473F 39.32 applies, the proposed tax levy on the captured value or the 39.33 proposed tax levy on the tax capacity subject to the areawide 39.34 tax must each be stated separately and not included in the sum 39.35 of the special taxing districts; and 39.36 (3) the increase or decrease between the total taxes 40.1 payable in the current year and the total proposed taxes, 40.2 expressed as a percentage. 40.3 For purposes of this section, the amount of the tax on 40.4 homesteads qualifying under the senior citizens' property tax 40.5 deferral program under chapter 290B is the total amount of 40.6 property tax before subtraction of the deferred property tax 40.7 amount. 40.8 (e) The notice must clearly state that the proposed or 40.9 final taxes do not include the following: 40.10 (1) special assessments; 40.11 (2) levies approved by the voters after the date the 40.12 proposed taxes are certified, including bond referenda, school 40.13 district levy referenda, and levy limit increase referenda; 40.14 (3) amounts necessary to pay cleanup or other costs due to 40.15 a natural disaster occurring after the date the proposed taxes 40.16 are certified; 40.17 (4) amounts necessary to pay tort judgments against the 40.18 taxing authority that become final after the date the proposed 40.19 taxes are certified; and 40.20 (5) the contamination tax imposed on properties which 40.21 received market value reductions for contamination. 40.22 (f) Except as provided in subdivision 7, failure of the 40.23 county auditor to prepare or the county treasurer to deliver the 40.24 notice as required in this section does not invalidate the 40.25 proposed or final tax levy or the taxes payable pursuant to the 40.26 tax levy. 40.27 (g) If the notice the taxpayer receives under this section 40.28 lists the property as nonhomestead, and satisfactory 40.29 documentation is provided to the county assessor by the 40.30 applicable deadline, and the property qualifies for the 40.31 homestead classification in that assessment year, the assessor 40.32 shall reclassify the property to homestead for taxes payable in 40.33 the following year. 40.34 (h) In the case of class 4 residential property used as a 40.35 residence for lease or rental periods of 30 days or more, the 40.36 taxpayer must either: 41.1 (1) mail or deliver a copy of the notice of proposed 41.2 property taxes to each tenant, renter, or lessee; or 41.3 (2) post a copy of the notice in a conspicuous place on the 41.4 premises of the property. 41.5 The notice must be mailed or posted by the taxpayer by 41.6 November 27 or within three days of receipt of the notice, 41.7 whichever is later. A taxpayer may notify the county treasurer 41.8 of the address of the taxpayer, agent, caretaker, or manager of 41.9 the premises to which the notice must be mailed in order to 41.10 fulfill the requirements of this paragraph. 41.11 (i) For purposes of this subdivision, subdivisions 5a and 41.12 6, "metropolitan special taxing districts" means the following 41.13 taxing districts in the seven-county metropolitan area that levy 41.14 a property tax for any of the specified purposes listed below: 41.15 (1) metropolitan council under section 473.132, 473.167, 41.16 473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; 41.17 (2) metropolitan airports commission under section 473.667, 41.18 473.671, or 473.672; and 41.19 (3) metropolitan mosquito control commission under section 41.20 473.711. 41.21For purposes of this section, any levies made by the41.22regional rail authorities in the county of Anoka, Carver,41.23Dakota, Hennepin, Ramsey, Scott, or Washington under chapter41.24398A shall be included with the appropriate county's levy and41.25shall be discussed at that county's public hearing.41.26 (j) If a statutory or home rule charter city or a town has 41.27 exercised the local levy option provided by section 473.388, 41.28 subdivision 7, it may include in the notice of its proposed 41.29 taxes the amount of its proposed taxes attributable to its 41.30 exercise of the option. In the first year of the city or town's 41.31 exercise of this option, the statement shall include an estimate 41.32 of the reduction of the metropolitan council's tax on the parcel 41.33 due to exercise of that option. The metropolitan council's levy 41.34 shall be adjusted accordingly. 41.35 [EFFECTIVE DATE.] This section is effective December 31, 41.36 2003. 42.1 Sec. 34. Minnesota Statutes 2002, section 275.71, 42.2 subdivision 5, is amended to read: 42.3 Subd. 5. [PROPERTY TAX LEVY LIMIT.] Notwithstanding any 42.4 other provision of a municipal charter which limits ad valorem 42.5 taxes to a lesser amount, or which would require a separate 42.6 voter approval for any increase, for taxes levied in 2001 and 42.7 2002, the property tax levy limit for a local governmental unit 42.8 is equal to its adjusted levy limit base determined under 42.9 subdivision 4 plus any additional levy authorized under section 42.10 275.73, which is levied against net tax capacity, reduced by the 42.11 sum of (i) the total amount of aids and reimbursements that the 42.12 local governmental unit is certified to receive under sections 42.13 477A.011 to 477A.014, except for the increases in city aid bases 42.14 in calendar year 2002 under section 477A.011, subdivision 36, 42.15 paragraphs (n), (p), and (q), (ii) homestead and agricultural 42.16 aids it is certified to receive under section 273.1398, (iii) 42.17 taconite aids under sections 298.28 and 298.282 including any 42.18 aid which was required to be placed in a special fund for 42.19 expenditure in the next succeeding year, and (iv) low-income 42.20 housing aid under sections 477A.06 and 477A.065, and (v)42.21property tax replacement aids under section 174.242. 42.22 Sec. 35. Minnesota Statutes 2002, section 297B.09, 42.23 subdivision 1, is amended to read: 42.24 Subdivision 1. [DEPOSIT OF REVENUES.] (a) Money collected 42.25 and received under this chapter must be deposited as provided in 42.26 this subdivision. 42.27 (b)From July 1, 2001, to June 30, 2002, 30.86 percent of42.28the money collected and received must be deposited in the42.29highway user tax distribution fund, and the remaining money must42.30be deposited in the general fund.42.31(c)On and after July 1, 2002, 32 percent of the money 42.32 collected and received must be deposited in the highway user tax 42.33 distribution fund,20.5 percent must be deposited in the42.34metropolitan area transit fund under section 16A.88,and 1.25 42.35 percent must be deposited in the greater Minnesota transit fund 42.36 under section 16A.88.In fiscal year 2004 and thereafter, two43.1percent of the money collected and received must be deposited in43.2the metropolitan area transit appropriation account under43.3section 16A.88.Of the money collected and received, 43.4 $125,583,000 each year must be deposited in the metropolitan 43.5 area transit fund under section 16A.88. The remaining money 43.6 must be deposited in the general fund. 43.7 Sec. 36. Minnesota Statutes 2002, section 299A.465, 43.8 subdivision 4, is amended to read: 43.9 Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public 43.10 employer subject to this section may annually apply by August 1 43.11 for the preceding fiscal year to the commissioner of public 43.12 safety for reimbursement to help defray a portion of its costs 43.13 of complying with this section. The commissioner shall provide 43.14reimbursementan equal pro rata share to the public employer out 43.15 of the public safety officer's benefit account based on the 43.16 availability of funds for each eligible officer, firefighter, 43.17 and qualifying dependents. Individual shares must not exceed 43.18 the actual costs of providing coverage under this section by a 43.19 public employer. 43.20 Sec. 37. [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES; 43.21 GENERAL.] 43.22 Subdivision 1. [DEFINITIONS.] (a) For purposes of sections 43.23 299A.80 to 299A.802, the terms defined in this subdivision have 43.24 the meanings given them. 43.25 (b) "Administrative agent" means a person or entity 43.26 licensed by or granted authority by the commissioner of public 43.27 safety under: 43.28 (1) section 168.33 as a deputy registrar; 43.29 (2) section 168C.11 as a deputy registrar of bicycles; or 43.30 (3) section 171.061 as a driver's license agent. 43.31 (c) "Other authority" means licenses, orders, stipulation 43.32 agreements, settlements, or compliance agreements adopted or 43.33 issued by the commissioner of public safety. 43.34 (d) "Commissioner" means the commissioner of public safety. 43.35 (e) "License" means a license, permit, registration, 43.36 appointment, or certificate issued or granted to an 44.1 administrative agent by the commissioner of public safety. 44.2 Subd. 2. [APPLICABILITY.] Sections 299A.80 to 299A.802 44.3 apply to administrative agents licensed by or subject to other 44.4 authority of the commissioner. 44.5 Subd. 3. [CUMULATIVE REMEDY.] The authority of the 44.6 commissioner to issue a corrective order or assess an 44.7 administrative penalty under sections 299A.80 to 299A.802 is in 44.8 addition to other remedies available under statutory or common 44.9 law, except that the state may not seek a civil penalty under 44.10 any other law for a violation covered by an administrative 44.11 penalty order. The payment of a penalty does not preclude the 44.12 use of other enforcement provisions, under which civil fines are 44.13 not assessed, in connection with the violation for which the 44.14 penalty was assessed. 44.15 Subd. 4. [ACCESS TO INFORMATION AND PROPERTY.] The 44.16 commissioner, an employee, or an agent authorized by the 44.17 commissioner, upon presentation of credentials, may: 44.18 (1) examine and copy any books, papers, records, memoranda, 44.19 or data of an administrative agent; and 44.20 (2) enter upon any property where an administrative agent 44.21 conducts its place of business to take actions authorized under 44.22 statute, rule, or other authority, including (i) obtaining 44.23 information from an administrative agent who has a duty to 44.24 provide information under statute, rule, or other authority, (ii) 44.25 taking steps to remedy violations, or (iii) conducting surveys 44.26 or investigations. 44.27 Subd. 5. [FALSE INFORMATION.] (a) An administrative agent 44.28 may not: 44.29 (1) make a false material statement, representation, or 44.30 certification in a required document; 44.31 (2) omit material information from a required document; or 44.32 (3) alter, conceal, or fail to file or maintain a required 44.33 document. 44.34 (b) In this section, "required document" means a notice, 44.35 application, record, report, plan, or other document required 44.36 under statute, rule, or other authority. 45.1 Subd. 6. [ENFORCEMENT.] (a) The attorney general may 45.2 proceed on behalf of the state to enforce administrative 45.3 penalties that are due and payable under section 299A.802 in any 45.4 manner provided by law for the collection of debts. 45.5 (b) The attorney general may petition the district court to 45.6 file a final administrative penalty order as an order of the 45.7 court. At any court hearing to enforce a final administrative 45.8 penalty order, the only issues the parties may contest are 45.9 procedural and notice issues. Once entered, the administrative 45.10 penalty order may be enforced in the same manner as a final 45.11 judgment of the district court. This paragraph does not 45.12 preclude district court review of the merits of an 45.13 administrative penalty order if the order is appealed by the 45.14 administrative agent under section 299A.802, subdivision 5. 45.15 (c) If an administrative agent fails to pay an 45.16 administrative penalty, the attorney general may bring a civil 45.17 action in district court seeking payment of the penalty, 45.18 injunctive relief, or other appropriate relief including 45.19 monetary damages, attorney fees, costs, and interest. 45.20 Subd. 7. [RECOVERY OF REASONABLE COSTS AND ATTORNEY 45.21 FEES.] (a) In any judicial action brought by the attorney 45.22 general for civil penalties, injunctive relief, or an action to 45.23 compel performance pursuant to this section, if the state 45.24 finally prevails, and if the proven violation was willful, the 45.25 state, in addition to other penalties provided by law, may be 45.26 allowed an amount determined by the court to be the reasonable 45.27 value of all or part of the costs and attorney fees incurred by 45.28 the state or the prevailing party. In determining the amount of 45.29 the reasonable costs and attorney fees to be allowed, the court 45.30 must give consideration to the economic circumstances of the 45.31 defendant. 45.32 (b) However, if a defendant prevails, the court may award 45.33 the reasonable value of all or part of the reasonable costs and 45.34 attorney fees incurred by the defendant. 45.35 Subd. 8. [EDUCATION AND COMPLIANCE ACCOUNT; MONEY 45.36 ALLOCATED.] An education and compliance account is created for 46.1 the deposit of administrative penalty order receipts. Of the 46.2 funds deposited in this account, $5,000 each year is 46.3 appropriated to the commissioner for education and compliance 46.4 activities related to the regulated parties affected by this 46.5 chapter. At the end of each biennium, all money not expended 46.6 lapses to the general fund. 46.7 Subd. 9. [PLAN FOR USING ADMINISTRATIVE PENALTIES AND 46.8 CEASE AND DESIST AUTHORITY.] The commissioner shall prepare a 46.9 plan for using the administrative penalty order and cease and 46.10 desist authority in this section. The commissioner shall 46.11 provide a 30-day period for public comment on the plan. The 46.12 plan must be finalized by July 1, 2004, and may be modified as 46.13 necessary upon subsequent notice and opportunity for comment. 46.14 Sec. 38. [299A.801] [CORRECTIVE ORDERS AND INJUNCTIONS.] 46.15 Subdivision 1. [CORRECTIVE ORDERS.] (a) Before seeking an 46.16 administrative penalty order under section 299A.802, the 46.17 commissioner must issue a corrective order that requires the 46.18 administrative agent to correct the violation of statute, rule, 46.19 or other authority. The corrective order must state the 46.20 deficiencies that constitute the violation of the specific 46.21 statute, rule, or other authority, and the time by which the 46.22 violation must be corrected. In addition to service by 46.23 certified mail on the administrative agent, a copy of the 46.24 corrective order must be given to the county auditor in the 46.25 county where the administrative agent is located. 46.26 (b) The administrative agent to whom the corrective order 46.27 was issued shall provide information to the commissioner, by the 46.28 due date stated in the corrective order, demonstrating that the 46.29 violation has been corrected or that the administrative agent 46.30 has developed a corrective plan acceptable to the commissioner. 46.31 The commissioner must determine whether the violation has been 46.32 corrected and notify the administrative agent subject to the 46.33 order of the commissioner's determination. 46.34 (c) If the administrative agent believes that the 46.35 information contained in the commissioner's corrective order is 46.36 in error, the administrative agent may ask the commissioner to 47.1 reconsider the parts of the corrective order that are alleged to 47.2 be in error. The request must: 47.3 (1) be in writing; 47.4 (2) be delivered to the commissioner by certified mail 47.5 within seven calendar days after receipt of the corrective 47.6 order; 47.7 (3) specify which parts of the corrective order are alleged 47.8 to be in error and explain why they are in error; and 47.9 (4) provide documentation to support the allegation of 47.10 error. 47.11 (d) The commissioner shall respond to requests made under 47.12 paragraph (c) within 15 calendar days after receiving a 47.13 request. A request for reconsideration does not stay the 47.14 corrective order; however, after reviewing the request for 47.15 reconsideration, the commissioner may provide additional time to 47.16 comply with the order if necessary. The commissioner's 47.17 disposition of a request for reconsideration of a corrective 47.18 order is final. 47.19 Subd. 2. [CEASE AND DESIST ORDER.] The commissioner, or an 47.20 employee of the department designated by the commissioner, may 47.21 issue an order to cease an activity otherwise authorized by 47.22 statute, rule, or other authority if continuation of the 47.23 activity would result in an immediate risk to public safety. A 47.24 cease and desist order issued under this subdivision is 47.25 effective for a maximum of 72 hours. In conjunction with 47.26 issuing the cease and desist order, the commissioner may post a 47.27 sign to cease an activity until the cease and desist order is 47.28 lifted and the sign is removed by the commissioner. To restrain 47.29 activities for a period beyond 72 hours, the commissioner must 47.30 seek an injunction or take other administrative action 47.31 authorized by law. The issuance of a cease and desist order 47.32 does not preclude the commissioner from pursuing any other 47.33 enforcement action available to the commissioner. 47.34 Subd. 3. [ACTION FOR INJUNCTIVE RELIEF.] In addition to 47.35 any other remedy provided by law, the commissioner may bring an 47.36 action for injunctive relief in the district court in Ramsey 48.1 county or, at the commissioner's discretion, in the district 48.2 court in the county in which a violation of a statute, rule, or 48.3 other authority has occurred to enjoin the violation. 48.4 Sec. 39. [299A.802] [ADMINISTRATIVE PENALTY ORDERS.] 48.5 Subdivision 1. [GENERAL.] The commissioner may issue an 48.6 administrative penalty order for a violation of statute, rule, 48.7 or other authority if an administrative agent has failed to 48.8 comply with a corrective order issued under section 299A.801 48.9 related to that violation. The maximum amount of an 48.10 administrative penalty order is $10,000 for each administrative 48.11 agent for all violations identified in an inspection or review 48.12 of compliance. In addition to service by certified mail on the 48.13 administrative agent, a copy of the administrative penalty order 48.14 must be given to the county auditor in the county where the 48.15 administrative agent is located. 48.16 Subd. 2. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 48.17 determining the amount of a penalty to be assessed under this 48.18 section, the commissioner may consider: 48.19 (1) the willfulness of the violation; 48.20 (2) the gravity of the violation, including damage to 48.21 consumers or the state; 48.22 (3) the history of past violations; 48.23 (4) the number of violations; 48.24 (5) the economic benefit gained by the administrative agent 48.25 by allowing or committing the violation; and 48.26 (6) other factors as justice may require, if the 48.27 commissioner specifically identifies the additional factors in 48.28 the commissioner's order. 48.29 (b) If an administrative agent violates a corrective order 48.30 after a violation of a previous corrective order, the 48.31 commissioner, in determining the amount of a penalty, must 48.32 consider the factors in paragraph (a) and the following factors: 48.33 (1) similarity of the most recent previous violation of a 48.34 corrective order and the violation to be penalized; 48.35 (2) time elapsed since the last violation of a corrective 48.36 order; 49.1 (3) number of previous violations; and 49.2 (4) response of the administrative agent to the most recent 49.3 previous violation identified. 49.4 Subd. 3. [CONTENTS OF ORDER.] An administrative penalty 49.5 order under this section must include: 49.6 (1) a concise statement of the facts alleged to constitute 49.7 a violation; 49.8 (2) a reference to the portion of the statute, rule, 49.9 variance, order, or stipulation agreement or the term or 49.10 condition of a permit that has been violated; 49.11 (3) a description of the violation of the corrective order 49.12 that forms the basis for issuance of the administrative penalty 49.13 order; 49.14 (4) a statement of the amount of the administrative penalty 49.15 to be imposed and the factors upon which the penalty is based; 49.16 and 49.17 (5) a statement of the administrative agent's right to 49.18 review and appeal of the administrative penalty order. 49.19 Subd. 4. [DUE DATE.] (a) Unless the administrative agent 49.20 requests review of the administrative penalty order under 49.21 subdivision 5 before the penalty is due, the penalty in the 49.22 order is due and payable on the 31st day after the 49.23 administrative penalty order was received, if the administrative 49.24 agent subject to the order fails to provide information to the 49.25 commissioner showing that the violation has been corrected or 49.26 that appropriate steps have been taken toward correcting the 49.27 violation. These requirements may be waived or extended by the 49.28 commissioner. 49.29 (b) Interest at the rate established in section 549.09 49.30 begins to accrue on penalties under this subdivision on the 31st 49.31 day after the order with the penalty was received, unless waived 49.32 by the commissioner. 49.33 Subd. 5. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 49.34 days after receiving an administrative penalty order, the 49.35 administrative agent subject to an order under this section may 49.36 request an expedited hearing, using the procedures of Minnesota 50.1 Rules, parts 1400.8510 to 1400.8612, or their successor rules, 50.2 to review the commissioner's action. The hearing request must 50.3 specifically state the reasons for seeking review of the 50.4 administrative penalty order. The administrative agent to whom 50.5 the administrative penalty order is directed and the 50.6 commissioner are the parties to the expedited hearing. At least 50.7 15 days before the hearing, the commissioner shall notify the 50.8 administrative agent to whom the administrative penalty order is 50.9 directed of the time and place of the hearing. The expedited 50.10 hearing must be held within 30 days after a request for hearing 50.11 has been filed with the commissioner unless the parties agree to 50.12 a later date. 50.13 (b) All written arguments must be submitted within ten days 50.14 following the close of the hearing. The hearing must be 50.15 conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 50.16 or their successor rules, as modified by this subdivision. The 50.17 office of administrative hearings, in consultation with the 50.18 agency, may adopt rules specifically applicable to cases under 50.19 this section. 50.20 (c) Within 30 days following the close of the record, the 50.21 administrative law judge shall issue a report making 50.22 recommendations about the commissioner's action to the 50.23 commissioner. The administrative law judge may not recommend a 50.24 change in the amount of the proposed administrative penalty 50.25 unless the administrative law judge determines that, based on 50.26 the factors in subdivision 1, the amount of the administrative 50.27 penalty is unreasonable. 50.28 (d) If the administrative law judge makes a finding that 50.29 the hearing was requested solely for purposes of delay or that 50.30 the hearing request was frivolous, the commissioner may add to 50.31 the amount of the administrative penalty the costs charged to 50.32 the agency by the office of administrative hearings for the 50.33 hearing. 50.34 (e) If a hearing has been held, the commissioner may not 50.35 issue a final order until at least five days after receipt of 50.36 the report of the administrative law judge. Within those five 51.1 days, the administrative agent to whom an administrative penalty 51.2 order is issued may comment to the commissioner on the 51.3 recommendations and the commissioner shall consider the 51.4 comments. The final administrative penalty order may be 51.5 appealed to the district court for a de novo review of the order. 51.6 (f) If a hearing has been held and a final administrative 51.7 penalty order issued by the commissioner, the administrative 51.8 penalty must be paid by 30 days after the date the final order 51.9 is received unless it is appealed to the district court. If an 51.10 appeal is not taken or the administrative penalty order is 51.11 upheld on appeal, the amount due is the administrative penalty, 51.12 together with interest accruing from 31 days after the original 51.13 order was received, at the rate established in section 549.09. 51.14 Subd. 6. [MEDIATION.] In addition to review under 51.15 subdivision 5, the commissioner may enter into mediation 51.16 concerning an order issued under this section if the 51.17 commissioner and the administrative agent to whom the order is 51.18 issued both agree to mediation. 51.19 Sec. 40. Minnesota Statutes 2002, section 299E.03, 51.20 subdivision 3, is amended to read: 51.21 Subd. 3. [EXPIRATION AND COMPENSATION.]Notwithstanding51.22section 15.059,The oversight committeedoes not expireexpires 51.23 June 30, 2004. Committee members may not receive compensation 51.24 for serving, but may receive expense reimbursements as provided 51.25 in section 15.059. 51.26 Sec. 41. [331A.12] [WEB SITE PUBLICATION OF LOCAL 51.27 TRANSPORTATION RFP.] 51.28 Subdivision 1. [DEFINITIONS.] (a) The terms defined in 51.29 this subdivision and section 331A.01 apply to this section. 51.30 (b) "Web site" means a specific, addressable location 51.31 provided on a server connected to the Internet and hosting World 51.32 Wide Web pages and other files that are generally accessible on 51.33 the Internet all or most of the day. 51.34 Subd. 2. [DESIGNATION.] At the meeting of the governing 51.35 body of the local public corporation at which the governing body 51.36 must designate its official newspaper for the year, the 52.1 governing body may designate in the same manner publication of 52.2 transportation projects on the local public corporation's Web 52.3 site. Publication on the Web site may be used in place of or in 52.4 addition to any other required form of publication. Each year 52.5 after designating publication on the Web site for transportation 52.6 projects, the local public corporation must publish in a 52.7 qualified newspaper in the jurisdiction and on the Web site, 52.8 notice that the local public corporation will publish any 52.9 advertisements for bids on its Web site. 52.10 Subd. 3. [FORM, TIME FOR PUBLICATION SAME.] A local public 52.11 corporation that publishes on its Web site under this section 52.12 must post the information in substantially the same format and 52.13 for the same period of time as required for publication in an 52.14 official newspaper or another other print publication. 52.15 Subd. 4. [RECORD RETENTION.] A local public corporation 52.16 that publishes notice on its Web site under this section must 52.17 ensure that a permanent record of publication is maintained in a 52.18 form accessible by the public. 52.19 Sec. 42. [373.29] [EXEMPTION FROM PERMIT REQUIREMENTS.] 52.20 Notwithstanding any statute or rule that requires a county 52.21 to obtain a permit to reconstruct or maintain a highway, a 52.22 county that reconstructs or maintains a county or county 52.23 state-aid highway within the right-of-way of an existing county 52.24 or county state-aid highway is exempt from all permits. This 52.25 exemption does not relieve any county from any substantive 52.26 requirement imposed by law or rule other than a requirement to 52.27 obtain a permit. 52.28 Sec. 43. Minnesota Statutes 2002, section 398A.03, 52.29 subdivision 1, is amended to read: 52.30 Subdivision 1. [ORGANIZATION RESOLUTION.] A regional 52.31 railroad authority may be organized by resolution or joint 52.32 resolution adopted by the governing body or bodies of one or 52.33 more counties located outside the metropolitan area as defined 52.34 in section 473.121, subdivision 2. The governing body or bodies 52.35 of a municipality or municipalities within a county or counties 52.36 may request by resolution that the county or counties organize a 53.1 railroad authority. If the county or counties do not organize 53.2 an authority within 90 days of receipt of the request, the 53.3 municipality or municipalities may organize an authority by 53.4 resolution or joint resolution. A resolution organizing an 53.5 authority must state: 53.6 (a) That the authority is organized under the Regional 53.7 Railroad Authorities Act as a political subdivision and local 53.8 government unit of Minnesota, to exercise thereunder part of the 53.9 sovereign power of the state; 53.10 (b) The name of the authority, including the words 53.11 "regional railroad authority"; 53.12 (c) The municipality or municipalities adopting the 53.13 organization resolution; 53.14 (d) The number of commissioners of the authority, not less 53.15 than five; the number to be appointed by the governing body of 53.16 each municipality; and the names and addresses of the first 53.17 board of commissioners; 53.18 (e) The city and county in which the registered office of 53.19 the authority is to be situated; 53.20 (f) That neither the state of Minnesota, the municipality 53.21 or municipalities, nor any other political subdivision is liable 53.22 for obligations of the authority; and 53.23 (g) Any other provision for regulating the business of the 53.24 authority determined by the governing body or bodies adopting 53.25 the resolution. 53.26 [EFFECTIVE DATE.] This section is effective December 31, 53.27 2003. 53.28 Sec. 44. [398A.10] [METROPOLITAN REGIONAL RAIL AUTHORITIES 53.29 ABOLISHED.] 53.30 Subdivision 1. [AUTHORITIES ABOLISHED.] Regional rail 53.31 authorities established under section 398A.03 in the counties of 53.32 Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington 53.33 are abolished. All property of an abolished regional rail 53.34 authority is transferred to the county originally establishing 53.35 the authority. 53.36 Subd. 2. [BONDS.] Bonds and other debt authorized by 54.1 section 398A.07 issued by a regional rail authority abolished 54.2 under subdivision 1 that are outstanding on the effective date 54.3 of this section must be paid and retired according to that 54.4 section and the terms of the bonds or other debt instruments. 54.5 Any property tax revenues required to fulfill bond obligations 54.6 under section 398A.07 and under this subdivision shall be levied 54.7 annually by the county auditor of the county in which the 54.8 authority was located, as provided under section 475.61, 54.9 subdivision 2. 54.10 [EFFECTIVE DATE.] This section is effective December 31, 54.11 2003. 54.12 Sec. 45. [414.038] [EFFECT OF ANNEXATION OF TOWNSHIP 54.13 ROADS.] 54.14 Whenever a municipality annexes property abutting one side 54.15 of a township road, the segment of road abutting the annexed 54.16 property must be treated as a line road and is subject to 54.17 section 164.14. Whenever a municipality annexes the property on 54.18 both sides of a township road, that portion of road abutting the 54.19 annexed property ceases to be a town road and becomes the 54.20 obligation of the annexing municipality. This section does not 54.21 prohibit the annexing municipality from contracting with the 54.22 township for continued maintenance of the road. Any portion of 54.23 a township road that ceases to be a township road pursuant to 54.24 this section may still be counted as a township road for the 54.25 road-and-bridge account revenues for the year in which the 54.26 annexation occurs. 54.27 Sec. 46. [414.039] [EFFECT OF ANNEXATION ON EASEMENTS.] 54.28 If a municipality annexes property in which the affected 54.29 township holds any easement for the benefit of the public, the 54.30 township's easement interest continues unless otherwise agreed 54.31 to by the township. 54.32 Sec. 47. Minnesota Statutes 2002, section 471.345, 54.33 subdivision 14, is amended to read: 54.34 Subd. 14. [DAMAGE AWARDS.] In any action brought 54.35 challenging the validity of a municipal contract under this 54.36 section, the court shall not award,damages as any part of its 55.1 judgment,damages, or attorney's fees,but may award an 55.2 unsuccessful bidder the costs of preparing an unsuccessful bid. 55.3 If the court finds that the municipality has engaged in unlawful 55.4 bidding practices and invalidates the award of the bid, the 55.5 court may award reasonable attorney fees and costs to the 55.6 protester. If the court finds that the municipality did not 55.7 violate the law, and the award is not invalidated, the court may 55.8 award reasonable attorney fees and costs to the municipality if 55.9 the court makes the further finding that the protest was filed 55.10 without substantial basis in fact or law. 55.11 Sec. 48. Minnesota Statutes 2002, section 473.399, 55.12 subdivision 1, is amended to read: 55.13 Subdivision 1. [GENERAL REQUIREMENTS.] (a) The council 55.14 shall adopt a plan to ensure that light rail transit facilities 55.15 in the metropolitan area will be acquired, developed, owned, and 55.16 capable of operation in an efficient, cost-effective, and 55.17 coordinated manner in coordination with buses and other 55.18 transportation modes and facilities. The plan may be developed 55.19 and adopted in phases corresponding to phasing of construction 55.20 of light rail.The council may incorporate into its plan55.21appropriate elements of the plans of regional railroad55.22authorities in order to avoid duplication of effort.55.23 (b) The light rail transit plan or first phase of the plan 55.24 required by this section must be adopted by the council before 55.25 the commissioner of transportation may begin construction of 55.26 light rail transit facilities. Following adoption of the plan, 55.27 the county and the commissioner of transportation shall act in 55.28 conformity with the plan. The commissioner shall prepare or 55.29 amend the final design plans as necessary to make the plans 55.30 consistent with the light rail transit plan. 55.31 (c) Throughout the development and implementation of the 55.32 plan, the council shall contract for or otherwise obtain 55.33 engineering services to assure that the plan adequately 55.34 addresses the technical aspects of light rail transit. 55.35 [EFFECTIVE DATE.] This section is effective December 31, 55.36 2003. 56.1 Sec. 49. Minnesota Statutes 2002, section 473.3994, 56.2 subdivision 2, is amended to read: 56.3 Subd. 2. [PRELIMINARY DESIGN PLANS; PUBLIC HEARING.] 56.4 Before final design plans are prepared for a light rail transit 56.5 facility, the commissioner of transportationand the regional56.6railroad authority or authorities in whose jurisdiction the line56.7or lines are locatedand the county board must hold a public 56.8 hearing on the physical design component of the preliminary 56.9 design plans. The commissioner of transportationand the56.10regional railroad authority or authorities in whose jurisdiction56.11the line or lines are locatedmust provide appropriate public 56.12 notice of the hearing and publicity to ensure that affected 56.13 parties have an opportunity to present their views at the 56.14 hearing. The commissioner shall summarize the proceedings and 56.15 testimony and maintain the record of a hearing held under this 56.16 section, including any written statements submitted. 56.17 [EFFECTIVE DATE.] This section is effective December 31, 56.18 2003. 56.19 Sec. 50. Minnesota Statutes 2002, section 473.3997, is 56.20 amended to read: 56.21 473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.] 56.22 (a) Upon completion of the alternatives analysis and draft 56.23 environmental impact statement for the central corridor transit 56.24 improvement project, the council, the commissioner of 56.25 transportation,and theaffected regional rail authorities56.26 county board may prepare a joint application for federal 56.27 assistance for light rail transit facilities in the metropolitan 56.28 area. The application must be reviewed and approved by the 56.29 metropolitan council before it is submitted by the council and 56.30 the commissioner. In reviewing the application the council must 56.31 consider the information submitted to it under section 473.3994, 56.32 subdivision 9. 56.33 (b) Until the application described in paragraph (a) is 56.34 submitted, no political subdivision in the metropolitan area may 56.35 on its own apply for federal assistance for light rail transit 56.36 planning or construction. 57.1 [EFFECTIVE DATE.] This section is effective December 31, 57.2 2003. 57.3 Sec. 51. Minnesota Statutes 2002, section 473.446, 57.4 subdivision 1, is amended to read: 57.5 Subdivision 1. [METROPOLITAN AREA TRANSIT TAX.] (a) For 57.6 the purposes of sections 473.405 to 473.449 and the metropolitan 57.7 transit system, except as otherwise provided in this 57.8 subdivision, the council shall levy each year upon all taxable 57.9 property within the metropolitan area, defined in section 57.10 473.121, subdivision 2, a transit tax consisting of: 57.11 (1) an amount necessary to provide full and timely payment 57.12 of certificates of indebtedness, bonds, including refunding 57.13 bonds or other obligations issued or to be issued under section 57.14 473.39 by the council for purposes of acquisition and betterment 57.15 of property and other improvements of a capital nature and to 57.16 which the council has specifically pledged tax levies under this 57.17 clause; and 57.18 (2) an additional amount necessary to provide full and 57.19 timely payment of certificates of indebtedness issued by the 57.20 council, after consultation with the commissioner of finance, if 57.21 revenues to the metropolitan area transit fund in the fiscal 57.22 year in which the indebtedness is issued increase over those 57.23 revenues in the previous fiscal year by a percentage less than 57.24 the percentage increase for the same period in the revised 57.25 Consumer Price Index for all urban consumers for the St. 57.26 Paul-Minneapolis metropolitan area prepared by the United States 57.27 Department of Labor. The authority to levy a tax under this 57.28 clause applies only to certificates issued before July 1, 2003. 57.29 (b) Indebtedness to which property taxes have been pledged 57.30 under paragraph (a), clause (2), that is incurred in any fiscal 57.31 year may not exceed the amount necessary to make up the 57.32 difference between (1) the amount that the council received or 57.33 expects to receive in that fiscal year from the metropolitan 57.34 area transit fund and (2) the amount the council received from 57.35 that fund in the previous fiscal year multiplied by the 57.36 percentage increase for the same period in the revised Consumer 58.1 Price Index for all urban consumers for the St. Paul-Minneapolis 58.2 metropolitan area prepared by the United States Department of 58.3 Labor. 58.4 [EFFECTIVE DATE.] This section is effective July 1, 2003. 58.5 Sec. 52. [473.92] [DEFINITIONS.] 58.6 Subdivision 1. [APPLICABILITY.] The terms in sections 58.7 473.92 to 473.94 have the meanings given them in this section. 58.8 Subd. 2. [CAPITAL IMPROVEMENT PROJECT.] "Capital 58.9 improvement project" means any of the following types of 58.10 projects for which the council has authority under law to 58.11 acquire easements by eminent domain: construction, expansion, 58.12 or improvement of public transit facilities, including exclusive 58.13 transit ways, park-and-ride facilities, passenger hubs, and 58.14 vehicle maintenance facilities. 58.15 Subd. 3. [FINAL LAYOUT.] (a) "Final layout" means 58.16 geometric layouts and supplemental drawings that show the 58.17 location, character, dimensions, access, property or 58.18 right-of-way limits, easements acquired, and explanatory 58.19 information about a capital improvement project. 58.20 (b) In the case of public transit facilities, final layout 58.21 includes any improvements to roadways, bridges, intersections, 58.22 and approaches that are an essential element of the project. 58.23 Subd. 4. [CITY.] "City" means a home rule charter or 58.24 statutory city within the metropolitan area. 58.25 Subd. 5. [GOVERNING BODY.] "Governing body" means the city 58.26 council of a city. 58.27 [EFFECTIVE DATE.] This section is effective the day 58.28 following final enactment and applies in the counties of Anoka, 58.29 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 58.30 Sec. 53. [473.93] [APPROVAL OF FINAL LAYOUT.] 58.31 Subdivision 1. [SUBMISSION OF FINAL LAYOUT.] Before 58.32 proceeding with the construction of a capital improvement 58.33 project lying within a city, the council shall submit to its 58.34 governing body a final layout of the project. The final layout 58.35 must be submitted as part of a report containing any supporting 58.36 data that the council deems helpful to the governing body in 59.1 reviewing the final layout submitted. The supporting data must 59.2 include a detailed description of all easements that the council 59.3 determines will be or may be taken by eminent domain. 59.4 Subd. 2. [GOVERNING BODY ACTION.] (a) Within 15 days of 59.5 receiving a final layout from the council, the governing body 59.6 shall schedule a public hearing on the final layout. The 59.7 governing body shall, within 60 days of receiving a final layout 59.8 from the council, conduct a public hearing at which the council 59.9 shall present the final layout for the project. The governing 59.10 body shall give at least 30 days' notice of the public hearing. 59.11 (b) Within 90 days from the date of the public hearing, the 59.12 governing body shall approve or disapprove the final layout in 59.13 writing, as provided in clause (1), (2), or (3): 59.14 (1) if the governing body approves the final layout or does 59.15 not disapprove the final layout in writing within 90 days, in 59.16 which case the final layout is deemed to be approved, the 59.17 council may continue the project development; 59.18 (2) if the final construction plans for a project contain 59.19 significant changes in acquisition of easements from the final 59.20 layout approved by the governing body, the council shall 59.21 resubmit the portion of the final construction plans where 59.22 changes were made to the governing body. The governing body 59.23 must approve or disapprove the changes, in writing, within 60 59.24 days from the date the council submits them; 59.25 (3) if the governing body disapproves the final layout, the 59.26 council may make modifications requested by the municipality, 59.27 decide not to proceed with the project, or refer the final 59.28 layout to an appeal board. 59.29 (c) The appeal board shall consist of one member appointed 59.30 by the chair of the council, one member appointed by the 59.31 governing body, and a third member agreed upon by both the 59.32 council chair and the governing body. If the council chair and 59.33 the governing body cannot agree upon the third member, the chief 59.34 justice of the supreme court shall appoint a third member within 59.35 14 days of the request of the council to appoint the third 59.36 member. 60.1 Subd. 3. [APPEAL BOARD.] Within 30 days after referral of 60.2 the final layout, the appeal board shall hold a hearing at which 60.3 the council and the governing body may present the case for or 60.4 against approval of the final layout referred. Not later than 60.5 60 days after the hearing, the appeal board shall recommend 60.6 approval, approval with modifications, or disapproval of the 60.7 final layout, making additional recommendations consistent with 60.8 state and federal requirements as it considers appropriate. It 60.9 shall submit a written report containing its findings and 60.10 recommendations to the council and the governing body. 60.11 [EFFECTIVE DATE.] This section is effective the day 60.12 following final enactment and applies in the counties of Anoka, 60.13 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 60.14 Sec. 54. [473.94] [COUNCIL ACTION.] 60.15 Subdivision 1. [ACTION ON APPROVED FINAL LAYOUT.] If the 60.16 appeal board recommends approval of the final layout or does not 60.17 submit its findings or recommendations within 60 days of the 60.18 hearing, in which case the final layout is deemed approved, the 60.19 council may prepare substantially similar final construction 60.20 plans and proceed with the project. If the final construction 60.21 plans contain significant changes in the acquisition of 60.22 easements from the final layout approved by the appeal board, 60.23 the council shall submit the portion of the final construction 60.24 plan that shows the changes to the governing body for its 60.25 approval or disapproval under section 473.93, subdivision 2. 60.26 Subd. 2. [ACTION ON FINAL LAYOUT APPROVED WITH 60.27 CHANGES.] (a) If the appeal board approves the final layout with 60.28 modifications, the council may: 60.29 (1) prepare final construction plans including the 60.30 modifications, notify the governing body, and proceed with the 60.31 project; 60.32 (2) decide not to proceed with the project; or 60.33 (3) prepare a new final layout and resubmit it to the 60.34 governing body for approval or disapproval under section 473.93, 60.35 subdivision 2. 60.36 (b) If the final construction plans contain significant 61.1 changes in acquisition of easements from the final layout 61.2 approved by the appeal board or the governing body, the council 61.3 shall resubmit the portion of the final construction plans that 61.4 shows the changes to the governing body for its approval or 61.5 disapproval under section 473.93, subdivision 2. 61.6 Subd. 3. [ACTION ON DISAPPROVED FINAL LAYOUT.] If the 61.7 appeal board disapproves the final layout, the council may: 61.8 (1) decide not to proceed with the project; or 61.9 (2) prepare a new final layout and submit it to the 61.10 governing body for approval or disapproval under section 473.93, 61.11 subdivision 2. 61.12 [EFFECTIVE DATE.] This section is effective the day 61.13 following final enactment and applies in the counties of Anoka, 61.14 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 61.15 Sec. 55. Laws 1999, chapter 238, article 1, section 2, 61.16 subdivision 2, is amended to read: 61.17 Subd. 2. Aeronautics 19,327,000 19,410,000 61.18 Summary by Fund 61.19 Airports 19,266,000 19,349,000 61.20 General 50,000 50,000 61.21 Trunk Highway 11,000 11,000 61.22 Except as otherwise provided, the 61.23 appropriations in this subdivision are 61.24 from the state airports fund. 61.25 The amounts that may be spent from this 61.26 appropriation for each activity are as 61.27 follows: 61.28 (a) Airport Development and Assistance 61.29 2000 2001 61.30 13,948,000 13,948,000 61.31 $12,846,000 the first year and 61.32 $12,846,000 the second year are for 61.33 navigational aids, construction grants, 61.34 and maintenance grants. If the 61.35 appropriation for either year is 61.36 insufficient, the appropriation for the 61.37 other year is available for it. 61.38 These appropriations must be spent in 61.39 accordance with Minnesota Statutes, 61.40 section 360.305, subdivision 4. 61.41 Notwithstanding Minnesota Statutes, 61.42 section 16A.28, subdivision 6, funds 61.43 are available for five years after 62.1 appropriation. 62.2 (b) Aviation Support 62.3 5,247,000 5,329,000 62.4 $65,000 the first year and $65,000 the 62.5 second year are for the civil air 62.6 patrol. 62.7 (c) Air Transportation Services 62.8 132,000 133,000 62.9 Summary by Fund 62.10 Airports 71,000 72,000 62.11 General 50,000 50,000 62.12 Trunk Highway 11,000 11,000 62.13 Sec. 56. Laws 2001, First Special Session chapter 8, 62.14 article 1, section 2, subdivision 2, is amended to read: 62.15 Subd. 2. Aeronautics 20,748,000 20,489,000 62.16 Summary by Fund 62.17 Airports 20,687,000 20,428,000 62.18 General 50,000 50,000 62.19 Trunk Highway 11,000 11,000 62.20 Except as otherwise provided, the 62.21 appropriations in this subdivision are 62.22 from the state airports fund. 62.23 The amounts that may be spent from this 62.24 appropriation for each activity are as 62.25 follows: 62.26 (a) Airport Development and Assistance 62.27 14,298,000 14,298,000 62.28 These appropriations must be spent 62.29 according to Minnesota Statutes, 62.30 section 360.305, subdivision 4. 62.31 If the appropriation for either year is 62.32 insufficient, the appropriation for the 62.33 other year is available for it. 62.34 Notwithstanding Minnesota Statutes, 62.35 section 16A.28, subdivision 6, funds 62.36 are available for five years after 62.37 appropriation. 62.38 (b) Aviation Support 62.39 6,315,000 6,053,000 62.40 $65,000 the first year and $65,000 the 62.41 second year are for the civil air 62.42 patrol. 62.43 $600,000 each year is for GPS 62.44 navigation systems. Of this amount, 63.1 $250,000 each year adds to the agency's 63.2 budget base. 63.3 $400,000 the first year and $50,000 the 63.4 second year are for the development of 63.5 on-line aircraft registration 63.6 capabilities. 63.7 (c) Air Transportation Services 63.8 135,000 138,000 63.9 Summary by Fund 63.10 Airports 74,000 77,000 63.11 General 50,000 50,000 63.12 Trunk Highway 11,000 11,000 63.13 The commissioner shall take all 63.14 feasible actions to seek a waiver from 63.15 the appropriate federal authorities 63.16 that would allow the commissioner to 63.17 sell the airplane described in Laws 63.18 1997, chapter 159, article 1, section 63.19 2, subdivision 2, clause (c). Any 63.20 proceeds from the sale of the airplane 63.21 must be deposited in the general fund. 63.22 Sec. 57. [TRANSFER FROM LOAN FUND.] 63.23 The commissioner of finance shall transfer to the general 63.24 fund $8,200,000 of the money appropriated to the transportation 63.25 revolving loan fund under Laws 2000, chapter 479, article 1, 63.26 section 6, subdivision 2. This transfer must be made at the 63.27 rate of $4,100,000 each year of the 2004-2005 biennium. 63.28 [EFFECTIVE DATE.] This section is effective July 1, 2003. 63.29 Sec. 58. [FEDERAL FUNDS ALLOCATION.] 63.30 The transportation advisory board of the metropolitan 63.31 council must allocate federal congestion mitigation and air 63.32 quality funds each year so that at least one-half of those funds 63.33 are allocated to highway projects. 63.34 Sec. 59. [STUDY.] 63.35 The commissioner of transportation shall convene a panel 63.36 consisting of highway users, motor carriers, current suppliers 63.37 of goods and services to or for highway rest areas, and other 63.38 persons directly affected by the department of transportation's 63.39 highway rest area program. The panel shall consider: 63.40 (1) financing and partnership opportunities at highway rest 63.41 areas; 63.42 (2) impact of changes in rest area operations on the blind 64.1 and on low-income senior citizens; and 64.2 (3) impact of those changes on the safety of the traveling 64.3 public and on motor carriers. The panel shall also evaluate the 64.4 impact of these changes on the supply of parking for commercial 64.5 vehicles and make recommendations on ways to preserve needed 64.6 spaces and meet further demand. 64.7 By January 15, 2004, the commissioner shall report to the 64.8 legislative committees having jurisdiction over transportation 64.9 policy and finance on the findings and recommendations of the 64.10 panel. 64.11 Sec. 60. [REPORT.] 64.12 The commissioner shall, to the maximum feasible extent, 64.13 enter into lease agreements under section 160.28, subdivision 64.14 3. By January 15, 2005, the commissioner shall report to the 64.15 legislative committees having jurisdiction over transportation 64.16 policy and finance on existing lease agreements, revenues 64.17 collected and projected, and the impact of the lease agreements 64.18 and revenues on the highway rest area program. 64.19 Sec. 61. [RESTORATION OF STATE AIRPORTS FUND CASH 64.20 BALANCE.] 64.21 Any money transferred from the state airports fund to the 64.22 general fund during the fiscal year ending June 30, 2003, must 64.23 be restored to the state airports fund by law effective July 1, 64.24 2007. 64.25 Sec. 62. [TRANSITION.] 64.26 Subdivision 1. [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] 64.27 The commissioner of the bureau of mediation services shall 64.28 assign the job classifications and positions of employees 64.29 working as public safety radio communications operators to state 64.30 employee bargaining unit 17. 64.31 Subd. 2. [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms 64.32 and conditions of the collective bargaining agreement, memoranda 64.33 of understanding, or other salary and benefit provisions 64.34 covering public safety radio communications operators 64.35 immediately before the effective date of this section remain in 64.36 effect until a successor agreement between the commissioner of 65.1 employee relations and the exclusive representative of 65.2 bargaining unit 17 becomes effective, subject to Minnesota 65.3 Statutes, section 179A.20, subdivision 6. 65.4 Subd. 3. [EXCLUSIVE REPRESENTATIVE.] The employee 65.5 organization that is the exclusive representative of employees 65.6 assigned to bargaining unit 17 on the day before the effective 65.7 date of this section must be certified by the commissioner of 65.8 the bureau of mediation services as the exclusive representative 65.9 of newly created bargaining unit 17, subject to future changes 65.10 as provided in Minnesota Statutes, section 179A.12. For 65.11 employees assigned to bargaining unit 17, the exclusive 65.12 representative retains all rights and obligations under the 65.13 contract governing these employees immediately before the 65.14 effective date of this section, so long as that contract 65.15 continues to apply to those employees. 65.16 [EFFECTIVE DATE.] This section is effective July 1, 2003. 65.17 Sec. 63. [BUS RAPID TRANSIT STUDY.] 65.18 Subdivision 1. [STUDY REQUIRED.] The department of 65.19 transportation shall conduct a study on the feasibility of 65.20 implementing a bus rapid transit (BRT) system in the I-35W 65.21 corridor from downtown Minneapolis through south Minneapolis and 65.22 the cities of Richfield, Bloomington, Burnsville, and 65.23 Lakeville. Bus rapid transit systems are those systems that 65.24 provide for significantly faster operating bus speeds, 65.25 integrated service, greater service reliability, and increased 65.26 convenience through investments in bus infrastructure, 65.27 equipment, technology, and operational improvements. 65.28 Subd. 2. [STUDY REQUIREMENTS.] The study must, at a 65.29 minimum, include an analysis of the benefits and costs of 65.30 implementing a bus rapid transit system that includes the 65.31 following: 65.32 (1) frequent operation of buses on exclusive or 65.33 near-exclusive right-of-way on marked interstate highway 35W; 65.34 (2) changes in bus or platform design and fare collection 65.35 that provide for faster convenient boarding; 65.36 (3) station locations that are adjacent to, or easily 66.1 accessible from, the exclusive right-of-way; 66.2 (4) traffic management improvements and traffic signal 66.3 preemption on local streets within the I-35W corridor; and 66.4 (5) changes to existing transit services to provide for 66.5 timely connections and transfers. 66.6 Subd. 3. [STUDY RECOMMENDATIONS.] The study must recommend: 66.7 (1) options for implementing bus rapid transit in the I-35W 66.8 corridor; 66.9 (2) the associated cost of each option; and 66.10 (3) the anticipated benefits in terms of reduced travel 66.11 times, increased ridership, increased mobility, and impacts on 66.12 congestion levels within the corridor. 66.13 The study must be submitted by December 10, 2004, to the 66.14 house of representatives and senate committees with jurisdiction 66.15 over transportation policy and finance. 66.16 [EFFECTIVE DATE.] This section is effective July 1, 2003. 66.17 Sec. 64. [TRANSIT CENTER IN BROOKLYN CENTER.] 66.18 The metropolitan council must construct and maintain a 66.19 transit center in Brooklyn Center to service the area. The 66.20 center must include adequate bathroom facilities, must be 66.21 climate controlled, and must be off the street. The center must 66.22 be located north of Bass Lake Road, east of Shingle Creek 66.23 Parkway, and west of marked trunk highway 100 and must be 66.24 completed and operational by June 1, 2004. 66.25 Sec. 65. [STUDY; USE OF CENTERLINE RUMBLE STRIPS.] 66.26 The commissioner of transportation shall study the 66.27 feasibility and practicability of: 66.28 (1) including milled-in rumble strips on the centerline of 66.29 the highway in all projects for the construction, 66.30 reconstruction, or resurfacing of two-lane trunk highways; and 66.31 (2) requiring that all projects for the construction, 66.32 reconstruction, or resurfacing of two-lane county state-aid 66.33 highways include milled-in rumble strips on the centerline of 66.34 the highway. 66.35 Sec. 66. [SOUTHWEST CORRIDOR RAIL TRANSIT; PROHIBITIONS.] 66.36 Subdivision 1. [DEFINITION.] For purposes of this section, 67.1 "southwest transit way corridor" means the southwest transit way 67.2 corridor between Minneapolis and Eden Prairie as identified by 67.3 the Hennepin county regional rail authority in its southwest 67.4 corridor rail transit study. 67.5 Subd. 2. [PROHIBITIONS.] Neither the commissioner of 67.6 transportation, the metropolitan council, nor the Hennepin 67.7 county regional rail authority may take any action or spend any 67.8 money for preliminary engineering, final design, or construction 67.9 for light rail or commuter rail transit in the southwest transit 67.10 way corridor. 67.11 Sec. 67. [MUNICIPAL CONSENT LAW AND CROSSTOWN HIGHWAY 67.12 PROJECT.] 67.13 For purposes of obtaining municipal approval under 67.14 Minnesota Statutes, sections 161.162 to 161.167, the entire 67.15 marked interstate highway 35W/marked trunk highway 62 67.16 interchange improvement project is deemed to be entirely within 67.17 the interstate highway system. On marked interstate highway 67.18 35W, the project limits are from 66th Street in the city of 67.19 Richfield to 42nd Street in the city of Minneapolis. On marked 67.20 trunk highway 62, the project limits are from the first 67.21 interchange west of the commons area at Penn Avenue to the first 67.22 interchange east of the commons section at Portland Avenue. 67.23 Sec. 68. [PLANTING REQUIREMENTS; RESTRICTIONS.] 67.24 (a) No state agency or soil and water conservation district 67.25 may require the planting of native grass seeds or native 67.26 wildflowers as a condition for the issuance of a permit to any 67.27 local governmental unit. 67.28 (b) Paragraph (a) does not apply to grasses or flowers 67.29 planted within replacement wetland acres. 67.30 Sec. 69. [TRANSFERS.] 67.31 (a) The commissioner of finance shall transfer $155,000 67.32 from the remaining balance in the alcohol-impaired driver 67.33 education account in the special revenue fund to the general 67.34 fund. 67.35 (b) The commissioner of finance shall transfer $785,000 67.36 from the remaining balance in the greater Minnesota transit fund 68.1 to the general fund. 68.2 [EFFECTIVE DATE.] This section is effective July 1, 2003. 68.3 Sec. 70. [HUBBARD MARKETPLACE TRANSIT HUB; TOILET 68.4 FACILITIES.] 68.5 The metropolitan council may not deny bus riders using the 68.6 Hubbard Marketplace transit hub facility in Robbinsdale the 68.7 right to use toilet facilities in the hub. 68.8 Sec. 71. [APPLICABILITY.] 68.9 Sections 1, 27, 33, 43, 44, 48, 49, and 50 apply in the 68.10 counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 68.11 Washington. 68.12 Sec. 72. [REPEALER.] 68.13 (a) Minnesota Statutes 2002, section 16A.88, subdivision 3, 68.14 is repealed. 68.15 (b) Minnesota Statutes 2002, section 169.794, is repealed. 68.16 (c) Minnesota Statutes 2002, section 169.799, is repealed. 68.17 (d) Minnesota Statutes 2002, section 174.242, is repealed. 68.18 (e) Minnesota Rules, part 7403.1300, is repealed. 68.19 (f) Minnesota Rules, part 7413.0400, is repealed. 68.20 (g) Minnesota Rules, part 7413.0500, is repealed. 68.21 Sec. 73. [EFFECTIVE DATE.] 68.22 This article is effective the day following final 68.23 enactment, unless otherwise specified. 68.24 ARTICLE 3 68.25 TRUNK HIGHWAY BONDING 68.26 Section 1. [HIGHWAY AND TRANSIT APPROPRIATIONS.] 68.27 Subdivision 1. [TRUNK HIGHWAY PROJECTS FINANCED BY STATE 68.28 BONDS.] (a) $550,000,000 is appropriated from the bond proceeds 68.29 account in the trunk highway fund to the commissioner of 68.30 transportation for trunk highway improvements. This 68.31 appropriation is for: 68.32 (1) trunk highway improvements within the seven-county 68.33 metropolitan area primarily for improving traffic flow and 68.34 expanding highway capacity by eliminating traffic bottlenecks 68.35 and improving segments of at-risk interregional corridors within 68.36 the seven-county area; and 69.1 (2) trunk highway improvements on at-risk interregional 69.2 corridors located outside the seven-county metropolitan area. 69.3 These appropriations include the cost of actual payment to 69.4 landowners for lands acquired for highway right-of-way, payment 69.5 to lessees, interest subsidies, and relocation expenses. Within 69.6 each category in clauses (1) and (2), the commissioner shall 69.7 spend not less than $25,000,000 on highway safety and capacity 69.8 improvement projects including but not limited to the addition 69.9 of lanes on trunk highway corridors with known safety problems. 69.10 (b) The commissioner of transportation may use up to 69.11 $93,500,000 of this appropriation for program delivery. 69.12 (c) The commissioner shall use $50,000,000 of this 69.13 appropriation for accelerating transit capital improvements on 69.14 trunk highways such as shoulder bus lanes, bus park-and-ride 69.15 facilities, and ramp meter-bypass facilities. 69.16 Subd. 2. [REPORT.] The commissioner shall report to the 69.17 committees having jurisdiction over transportation finance in 69.18 the house of representatives and senate, no later than January 69.19 15, 2004, on projects selected to be funded by this 69.20 appropriation. The report must include the geographic 69.21 distribution of the selected projects and their adherence to the 69.22 criteria listed in subdivision 1. 69.23 Subd. 3. [PROHIBITION.] The commissioner shall not award a 69.24 construction contract with the proceeds from this section until 69.25 30 days after the submission of the report required in 69.26 subdivision 2. 69.27 Subd. 4. [BOND SALE EXPENSES.] $550,000 is appropriated 69.28 from the bond proceeds account in the trunk highway fund to the 69.29 commissioner of finance for bond sale expenses under Minnesota 69.30 Statutes, section 16A.641, subdivision 8. 69.31 Subd. 5. [ANTILAPSE.] Notwithstanding other law to the 69.32 contrary, the appropriations in this section do not cancel until 69.33 February 1, 2009. 69.34 Sec. 2. [BOND SALE.] 69.35 To provide the money appropriated in section 1, 69.36 subdivisions 1 and 4, from the bond proceeds account in the 70.1 trunk highway fund, the commissioner of finance shall sell and 70.2 issue bonds of the state in an amount up to $550,550,000 in the 70.3 manner, on the terms, and with the effect prescribed by 70.4 Minnesota Statutes, sections 167.50 to 167.52, and by the 70.5 Minnesota Constitution, article XIV, section 11, at the times 70.6 and in the amounts requested by the commissioner of 70.7 transportation. The proceeds of the bonds, except accrued 70.8 interest and any premium received from the sale of the bonds, 70.9 must be deposited in the bond proceeds account in the trunk 70.10 highway fund. 70.11 Sec. 3. [ADVANCE CONSTRUCTION.] 70.12 (a) Through June 30, 2009, the commissioner of 70.13 transportation may spend up to $550,000,000 on trunk highway 70.14 improvements from funds approved for expenditure by the Federal 70.15 Highway Administration and designated as advance construction 70.16 funds. 70.17 (b) Any additional advance construction expenditures by the 70.18 commissioner approved by the Federal Highway Administration 70.19 through June 30, 2009, may be added to the amount in paragraph 70.20 (a). 70.21 Sec. 4. [GREATER MINNESOTA TRANSIT.] 70.22 The commissioner of transportation may spend up to 70.23 $5,000,000 through June 30, 2008, in federal transit funds for 70.24 capital assistance to public transit systems under Minnesota 70.25 Statutes, section 174.24. This amount is in addition to any 70.26 appropriations made by law for this purpose. 70.27 Sec. 5. [REPORT.] 70.28 The commissioner shall report by January 15 of each year of 70.29 the 2004-2005 biennium to the chairs of the legislative 70.30 committees with jurisdiction over transportation policy and 70.31 finance on (1) how the department is spending the appropriations 70.32 in this article for trunk highway improvements, and (2) the 70.33 department's plans to implement trunk highway improvements 70.34 funded under this article with current department staffing, and 70.35 an analysis of the need for additional staffing and consultant 70.36 services. 71.1 Sec. 6. [EFFECTIVE DATE.] 71.2 Sections 1 to 4 are effective the day following final 71.3 enactment. 71.4 ARTICLE 4 71.5 DRIVER'S LICENSE LAW 71.6 Section 1. [171.025] [PROOF OF IDENTITY AND RESIDENCY.] 71.7 Subdivision 1. [IN GENERAL.] (a) At the time of 71.8 application for a driver's license, permit, or identification 71.9 card, the applicant shall present a Minnesota driver's license, 71.10 permit, or Minnesota identification card if one of these has 71.11 been issued to the applicant. 71.12 (b) The Minnesota driver's license, identification card, or 71.13 permit must not have expired more than: 71.14 (1) five years before it is presented if it has a color 71.15 photograph or electronically produced or digitized image of the 71.16 applicant; or 71.17 (2) one year before it is presented if it does not have a 71.18 color photograph or electronically produced or digitized image 71.19 of the applicant. A temporary seven-day driver's license issued 71.20 to a Minnesota-licensed driver only by the state of Minnesota 71.21 under section 169A.52, subdivision 7, paragraph (c), clause (2), 71.22 may be presented if it is not expired more than one year. 71.23 (c) As proof of full name, date of birth, and identity, the 71.24 applicant must present one primary document and one secondary 71.25 document as defined in Minnesota Rules, part 7410.0400, subparts 71.26 2 and 3, or successor rules, if the applicant cannot present: 71.27 (1) a Minnesota driver's license, identification card, or 71.28 permit that is current or has expired for five years or less 71.29 with a color photograph or electronically produced or digitized 71.30 image; or 71.31 (2) a Minnesota driver's license, identification card, or 71.32 permit that is current or has been expired for one year or less 71.33 without a color photograph or electronically produced or 71.34 digitized image. 71.35 Subd. 2. [RESIDENCE ADDRESS ON LICENSE, PERMIT, OR 71.36 IDENTIFICATION CARD.] (a) The department shall issue a Minnesota 72.1 driver's license, permit, or identification card only to an 72.2 individual who has a residence address in the state at the time 72.3 of application, by showing a residence number, street name, 72.4 street type, directional if any, city, state, and zip code. 72.5 (b) The applicant shall indicate on the application form 72.6 for a Minnesota driver's license, identification card, or 72.7 permit, the applicant's residence address in the state. 72.8 Sec. 2. [171.028] [DOCUMENTING RESIDENCY; RULES AND 72.9 REGULATIONS.] 72.10 Subdivision 1. [PERMANENT STATE RULES.] (a) Adopted exempt 72.11 Minnesota Rules, part 7410.0400, subparts 2 and 3, as published 72.12 in the State Register on July 8, 2002, become permanent on the 72.13 day following final enactment of this section. These rules may 72.14 subsequently be amended by the commissioner under chapter 14, to 72.15 administer the provisions of this chapter. 72.16 (b) The documents specified in Minnesota Rules, part 72.17 7410.0400, subparts 2 and 3, or successor rules, are subject to 72.18 the variance procedures and criteria in Minnesota Rules, part 72.19 7410.0600, or successor rules. 72.20 Subd. 2. [INCORPORATION OF FEDERAL REGULATIONS.] As 72.21 authorized by Public Law 107-296, rules relating to identity and 72.22 residency documentation standards adopted in Code of Federal 72.23 Regulations by the United States Department of Homeland Security 72.24 may be incorporated by reference by the commissioner. These 72.25 rules may be subsequently amended by the commissioner under 72.26 chapter 14 to administer the provisions of this chapter. 72.27 Subd. 3. [NON-ENGLISH DOCUMENTS; TRANSLATION.] All 72.28 documents submitted to the department in a language other than 72.29 English must be accompanied by a translation of that document 72.30 into the English language. 72.31 Subd. 4. [PROOF OF RESIDENCY REQUIRED AT TIME OF 72.32 APPLICATION.] Proof of residency in the United States is 72.33 required at the time of application for an initial permit, 72.34 driver's license, or identification card. The applicant must 72.35 attest to a residence address in Minnesota and demonstrate proof 72.36 of either lawful short-term admission to the United States, 73.1 permanent United States resident status, indefinite authorized 73.2 presence status, or United States citizenship. 73.3 Subd. 5. [PROOF OF RESIDENCY AT RENEWAL.] (a) Proof of 73.4 residency is required at the time of application for renewal of 73.5 a driver's license, permit, or identification card. 73.6 (b) A person with permanent United States resident status, 73.7 indefinite authorized presence status, or United States 73.8 citizenship must attest to a residence address in Minnesota. 73.9 (c) A person with lawful short-term admission to the United 73.10 States must attest to a residence address in Minnesota and 73.11 provide proof of lawful short-term admission status to the 73.12 United States. 73.13 Subd. 6. [DOCUMENTS NOT SUFFICIENT TO PROVE 73.14 RESIDENCY.] The presentation of a driver's license, permit, or 73.15 identification card from another jurisdiction or another United 73.16 States state is not acceptable as proof of permanent United 73.17 States resident status, indefinite authorized presence status, 73.18 lawful short-term admission to the United States, or United 73.19 States citizenship. 73.20 Subd. 7. [DOCUMENTS SUFFICIENT TO PROVE RESIDENCY.] To 73.21 demonstrate permanent United States resident status, indefinite 73.22 authorized presence status, lawful short-term admission, or 73.23 United States citizenship, an applicant must attest to a 73.24 Minnesota residence address on the application form and present 73.25 a primary document specified in Minnesota Rules, part 7410.0400, 73.26 subpart 2, or successor rules. 73.27 Subd. 8. [EVIDENCE REQUIRED WHEN NAME CHANGED.] If there 73.28 has been a change in the individual's legal full name as it 73.29 appears on the presented document specified in Minnesota Rules, 73.30 part 7410.0400, subpart 2, or successor rules, the individual 73.31 must also present evidence of a change of name as specified in 73.32 Minnesota Rules, part 7410.0500, or successor rules. 73.33 Subd. 9. [LAWFUL SHORT-TERM ADMISSION STATUS.] (a) If the 73.34 lawful admission period indicated on the federal primary 73.35 document presented expires in 30 days or more from the date of 73.36 application for the state driver's license, permit, or 74.1 identification card, the department shall issue to the applicant 74.2 a driver's license, permit, or identification card with a status 74.3 check date that coincides with the lawful admission period on 74.4 the federal primary document presented. 74.5 (b) The department shall not issue a driver's license, 74.6 permit, or identification card if an individual has no lawful 74.7 admission status to the United States or if the lawful 74.8 short-term admission period expires in 30 days or less. 74.9 Subd. 10. [STATUS CHECK DATE.] A status check date that 74.10 coincides with the federal lawful admission period indicated on 74.11 the federal primary document presented must be indicated on the 74.12 driver's license, permit, or identification card issued. 74.13 Subd. 11. [REISSUANCE.] (a) The department shall reissue a 74.14 driver's license, permit, or identification card with a new 74.15 status check date if the applicant presents an employment 74.16 authorization card (I-688B, I-766 series) or notice of action 74.17 (I-797A series) issued by the United States Department of 74.18 Homeland Security to the commissioner to indicate extension of 74.19 the lawful admission period. 74.20 (b) If the applicant presents an accepted application from 74.21 the United States Department of Homeland Security for an 74.22 extension of or change in the federal lawful admission period, 74.23 the department shall reissue the driver's license, permit, or 74.24 identification card with a status check date extension of six 74.25 months from the date of the federal receipt for the extension or 74.26 change in order to provide a grace period while the application 74.27 for the extension is processed. 74.28 (c) The department shall reissue a driver's license, 74.29 permit, or identification card without a status check date if 74.30 (1) the applicant presents a subsequent federal document 74.31 indicating permanent United States resident status, indefinite 74.32 authorized presence status, or United States citizenship, and 74.33 (2) the applicant pays the duplicate fee as specified in section 74.34 171.06. 74.35 Sec. 3. Minnesota Statutes 2002, section 171.06, 74.36 subdivision 3, is amended to read: 75.1 Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 75.2 An application must: 75.3 (1) state the full name, date of birth, sex, and residence 75.4 address of the applicant; 75.5 (2) as may be required by the commissioner, contain a 75.6 description of the applicant, which consists of the applicant's 75.7 height in feet and inches, weight in pounds, and eye color, and 75.8 any other facts pertaining to the applicant, the applicant's 75.9 driving privileges, and the applicant's ability to operate a 75.10 motor vehicle with safety; 75.11 (3) for a class C, class B, or class A driver's license, 75.12 state the applicant's social security number or, for a class D 75.13 driver's license, have a space for the applicant's social 75.14 security number and state that providing the number is optional, 75.15 or otherwise convey that the applicant is not required to enter 75.16 the social security number; 75.17 (4) contain a space where the applicant may indicate a 75.18 desire to make an anatomical gift according to paragraph (b); 75.19 and 75.20 (5) contain a notification to the applicant of the 75.21 availability of a living will/health care directive designation 75.22 on the license under section 171.07, subdivision 7. 75.23 (b) If the applicant does not indicate a desire to make an 75.24 anatomical gift when the application is made, the applicant must 75.25 be offered a donor document in accordance with section 171.07, 75.26 subdivision 5. The application must contain statements 75.27 sufficient to comply with the requirements of the Uniform 75.28 Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 75.29 that execution of the application or donor document will make 75.30 the anatomical gift as provided in section 171.07, subdivision 75.31 5, for those indicating a desire to make an anatomical gift. 75.32 The application must be accompanied by information describing 75.33 Minnesota laws regarding anatomical gifts and the need for and 75.34 benefits of anatomical gifts, and the legal implications of 75.35 making an anatomical gift, including the law governing 75.36 revocation of anatomical gifts. The commissioner shall 76.1 distribute a notice that must accompany all applications for and 76.2 renewals of a driver's license or Minnesota identification 76.3 card. The notice must be prepared in conjunction with a 76.4 Minnesota organ procurement organization that is certified by 76.5 the federal Department of Health and Human Services and must 76.6 include: 76.7 (1) a statement that provides a fair and reasonable 76.8 description of the organ donation process, the care of the donor 76.9 body after death, and the importance of informing family members 76.10 of the donation decision; and 76.11 (2) a telephone number in a certified Minnesota organ 76.12 procurement organization that may be called with respect to 76.13 questions regarding anatomical gifts. 76.14 (c) The application must be accompanied also by information 76.15 containing relevant facts relating to: 76.16 (1) the effect of alcohol on driving ability; 76.17 (2) the effect of mixing alcohol with drugs; 76.18 (3) the laws of Minnesota relating to operation of a motor 76.19 vehicle while under the influence of alcohol or a controlled 76.20 substance; and 76.21 (4) the levels of alcohol-related fatalities and accidents 76.22 in Minnesota and of arrests for alcohol-related violations. 76.23 Sec. 4. Minnesota Statutes 2002, section 171.07, 76.24 subdivision 1, is amended to read: 76.25 Subdivision 1. [LICENSE; CONTENTS.] (a) Upon the payment 76.26 of the required fee, the department shall issue to every 76.27 qualifying applicant a license designating the type or class of 76.28 vehicles the applicant is authorized to drive as applied for. 76.29 This license must bear a distinguishing number assigned to the 76.30 licensee,; the full name, date of birth, residence address and 76.31 permanent mailing address if different,; a description of the 76.32 licensee in a manner as the commissioner deems necessary, which 76.33 consists of the applicant's height in feet and inches, weight in 76.34 pounds, eye color, and sex; and the usual signature of the 76.35 licensee. No license is valid unless it bears the usual 76.36 signature of the licensee. Every license must bear a colored 77.1 photograph or an electronically produced image of the licensee. 77.2 (b) Every license issued to an applicant under the age of 77.3 21 must be of a distinguishing color and plainly marked 77.4 "Under-21." 77.5 (c) The department shall use processes in issuing a license 77.6 that prohibit, as nearly as possible, the ability to alter or 77.7 reproduce a license, or prohibit the ability to superimpose a 77.8 photograph or electronically produced image on a license, 77.9 without ready detection. 77.10 (d) A license issued to an applicant age 65 or over must be 77.11 plainly marked "senior" if requested by the applicant. 77.12 Sec. 5. Minnesota Statutes 2002, section 171.07, 77.13 subdivision 3, is amended to read: 77.14 Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of 77.15 the required fee, the department shall issue to every qualifying 77.16 applicant a Minnesota identification card. The department may 77.17 not issue a Minnesota identification card to a person who has a 77.18 driver's license, other than a limited license, from any 77.19 jurisdiction, or has an identification card from any 77.20 jurisdiction, unless and until the person's license or 77.21 identification card from any jurisdiction has been invalidated. 77.22 The card must bear a distinguishing number assigned to the 77.23 applicant; a colored photograph or an electronically produced 77.24 image of the applicant; the applicant's full name, date of 77.25 birth, and residence address; a description of the applicant in 77.26 the manner as the commissioner deems necessary, which consists 77.27 of the applicant's height in feet and inches, weight in pounds, 77.28 eye color, and sex; and the usual signature of the applicant. 77.29 (b) Each identification card issued to an applicant under 77.30 the age of 21 must be of a distinguishing color and plainly 77.31 marked "Under-21." 77.32 (c) Each Minnesota identification card must be plainly 77.33 marked "Minnesota identification card - not a driver's license." 77.34 (d) The fee for a Minnesota identification card is 50 cents 77.35 when issued to a person who is mentally retarded, as defined in 77.36 section 252A.02, subdivision 2; a physically disabled person, as 78.1 defined in section 169.345, subdivision 2; or, a person with 78.2 mental illness, as described in section 245.462, subdivision 20, 78.3 paragraph (c). 78.4 Sec. 6. [171.075] [DRIVER'S IMAGE FOR LICENSE, PERMIT, OR 78.5 CARD.] 78.6 Subdivision 1. [FULL FACE IMAGE.] The applicant for a 78.7 driver's license, permit, or identification card must have a 78.8 full face image taken by the department that is a representation 78.9 of the true appearance of the applicant. The face of the 78.10 applicant must be uncovered and unobscured. 78.11 Subd. 2. [USE OF PREVIOUS IMAGE.] The use of the previous 78.12 image on file with the department is limited to: 78.13 (1) duplicate drivers' licenses and identification cards; 78.14 and 78.15 (2) one renewal cycle for a person who applied to the 78.16 department and certifies that the person is out of the state at 78.17 the time the driver's license or identification card expires and 78.18 intends to return within four years. 78.19 Subd. 3. [UPDATED IMAGE REQUIRED UPON RETURN.] Within 30 78.20 days after the return to Minnesota of an applicant whose 78.21 previous image was used in accordance with subdivision 2, clause 78.22 (2), the applicant shall appear at a driver's license renewal 78.23 office and shall allow an updated image to be taken. The 78.24 applicant shall comply with the identity provisions of Minnesota 78.25 Rules, part 7410.0400, subparts 2 and 3, or successor rules. 78.26 Sec. 7. Minnesota Statutes 2002, section 171.14, is 78.27 amended to read: 78.28 171.14 [CANCELLATION.] 78.29 Subdivision 1. [AUTHORITY.] The commissionershall have78.30authority tomay cancel any driver's license or identification 78.31 card upondeterminationdetermining that the licensee or 78.32 cardholder: 78.33 (1) was not entitled to the issuancethereof hereunder, or78.34that the licenseeof the license or identification card; 78.35 (2) failed to give the required or correct information in 78.36 the application, or; 79.1 (3) committed any fraud or deceit in making such 79.2 application. The commissioner may also cancel the driver's79.3license of any person who,; or 79.4 (4) at the time of the cancellation, would not have been 79.5 entitled to receive a license under the provisions ofsection79.6171.04this chapter. 79.7 Subd. 2. [CANCELLATION; DENIAL.] Pursuant to this section 79.8 and section 171.04, the commissioner shall cancel a driver's 79.9 license, permit, or identification card as follows, whichever 79.10 occurs first: 79.11 (1) on the status check date unless the state document 79.12 holder presents federal proof of extension of the lawful 79.13 admission period or a receipt from the United States Department 79.14 of Homeland Security for an application for an extension or 79.15 change in the lawful admission status; or 79.16 (2) when the department receives notice from the United 79.17 States Department of Homeland Security that the individual has 79.18 been deported. 79.19 Subd. 3. [WARNING OF POSSIBLE CANCELLATION.] (a) If the 79.20 status check date is to expire in more than 60 days, a notice 79.21 warning the state document holder that the driver's license, 79.22 permit, or identification card will be canceled on the status 79.23 check date must be sent by first class mail to the document 79.24 holder's residence address on file with the department. If 79.25 application is being made and the status check date would expire 79.26 in 60 days or less from the date of application, the department 79.27 shall directly issue to the applicant a general notice warning 79.28 of cancellation on the status check date and send a follow-up 79.29 notice as described in paragraphs (b) and (c). 79.30 (b) The notice must contain: 79.31 (1) the person's full name, date of birth, unique state 79.32 document number, and current address from the department record; 79.33 and 79.34 (2) the date the notice is mailed or directly issued. 79.35 (c) The notice must indicate that: 79.36 (1) the driver's license, permit, or identification card 80.1 will be canceled on the status check date; 80.2 (2) the driver's license, permit, or identification card 80.3 may be reissued if the document holder presents federal proof of 80.4 extension of the lawful admission period or a receipt from the 80.5 United States Department of Homeland Security for application 80.6 for an extension or change of the lawful admission period; and 80.7 (3) the individual may request an administrative review of 80.8 the possible cancellation under Minnesota Rules, part 7409.4600, 80.9 or successor rules. 80.10 Subd. 4. [CANCELLATION ORDER.] (a) At least seven days 80.11 before the status check date, the department shall issue to the 80.12 document holder a cancellation order indicating that the 80.13 driver's license, permit, or identification card is canceled. 80.14 The notice must be sent by first class mail to the address shown 80.15 on department records. 80.16 (b) The notice must contain: 80.17 (1) the person's full name, date of birth, unique state 80.18 document number, and current address from the department record; 80.19 and 80.20 (2) the date the order is mailed. 80.21 (c) The notice must indicate that: 80.22 (1) application may be made for a new driver's license, 80.23 permit, or identification card if the individual can present 80.24 proof to the department of current authorized legal presence in 80.25 the United States; and 80.26 (2) the document holder may request an administrative 80.27 review of the cancellation under Minnesota Rules, part 80.28 7409.4600, or successor rules. 80.29 Subd. 5. [ADMINISTRATIVE REVIEW.] Any administrative 80.30 review of the cancellation of the state document or the denial 80.31 to issue a state document under this part must be conducted 80.32 under Minnesota Rules, part 7409.4600, or successor rules. 80.33 Subd. 6. [FEES.] (a) A state document holder who applies 80.34 for a six-month extension of the status check date on the 80.35 driver's license, permit, or identification card before the 80.36 status check date expires must not be charged a fee for 81.1 reissuance of the state document if there is no change to the 81.2 address or name on the state document. 81.3 (b) If the status check date on the driver's license, 81.4 permit, or identification card is current or has expired and the 81.5 applicant presents federal documentation indicating an extended 81.6 lawful admission period, the applicant shall pay the fee for a 81.7 duplicate card as specified in section 171.06. 81.8 (c) The state document holder is required to pay the 81.9 renewal fee as specified in section 171.06 upon the expiration 81.10 of the driver's license, permit, or identification card. 81.11 Sec. 8. Minnesota Statutes 2002, section 171.22, 81.12 subdivision 2, is amended to read: 81.13 Subd. 2. [PENALTIES.] Any person who violates any 81.14 provision of subdivision 1, clause (4), (7), or (8), is guilty 81.15 of a gross misdemeanor. Any person who violates any other 81.16 provision of subdivision 1 is guilty of a misdemeanor. 81.17 Sec. 9. [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIAL 81.18 DRIVERS.] 81.19 Subdivision l. [ENDORSEMENT.] Before being issued or 81.20 renewing a class C, class B, or class A driver's license with a 81.21 hazardous materials endorsement, the applicant must comply with 81.22 federal regulations incorporated in this section. 81.23 Subd. 2. [ADOPTION OF FEDERAL REGULATIONS.] Public Law 81.24 107-56, section 1012, as implemented in Code of Federal 81.25 Regulations, title 49, is incorporated by reference. 81.26 Subd. 3. [RULES.] The commissioner of public safety may 81.27 adopt rules pursuant to section 14.388, clause (1), in order to 81.28 implement this section. 81.29 [EFFECTIVE DATE.] This section is effective the day 81.30 following final enactment. 81.31 Sec. 10. Minnesota Statutes 2002, section 609.531, 81.32 subdivision 1, is amended to read: 81.33 Subdivision 1. [DEFINITIONS.] For the purpose of sections 81.34 609.531 to 609.5318, the following terms have the meanings given 81.35 them. 81.36 (a) "Conveyance device" means a device used for 82.1 transportation and includes, but is not limited to, a motor 82.2 vehicle, trailer, snowmobile, airplane, and vessel and any 82.3 equipment attached to it. The term "conveyance device" does not 82.4 include property which is, in fact, itself stolen or taken in 82.5 violation of the law. 82.6 (b) "Weapon used" means a dangerous weapon as defined under 82.7 section 609.02, subdivision 6, that the actor used or had in 82.8 possession in furtherance of a crime. 82.9 (c) "Property" means property as defined in section 609.52, 82.10 subdivision 1, clause (1). 82.11 (d) "Contraband" means property which is illegal to possess 82.12 under Minnesota law. 82.13 (e) "Appropriate agency" means the bureau of criminal 82.14 apprehension, the Minnesota division of driver and vehicle 82.15 services, the Minnesota state patrol, a county sheriff's 82.16 department, the suburban Hennepin regional park district park 82.17 rangers, the department of natural resources division of 82.18 enforcement, the University of Minnesota police department, or a 82.19 city or airport police department. 82.20 (f) "Designated offense" includes: 82.21 (1) for weapons used: any violation of this chapter, 82.22 chapter 152, or chapter 624; 82.23 (2) the use of forged documents in applying for a driver's 82.24 license; 82.25 (3) for all other purposes: a felony violation of, or a 82.26 felony-level attempt or conspiracy to violate, section 325E.17; 82.27 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 82.28 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 82.29 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 82.30 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 82.31 (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 82.32 and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 82.33 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 82.34 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 82.35 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 82.36 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 83.1 609.895; 617.246; or a gross misdemeanor or felony violation of 83.2 section 609.891 or 624.7181; or any violation of section 609.324. 83.3 (g) "Controlled substance" has the meaning given in section 83.4 152.01, subdivision 4.