SF 371

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; abolishing certain 
  1.3             restrictions relating to highway construction; 
  1.4             appropriating money for departments of transportation 
  1.5             and public safety, and other state agencies; 
  1.6             regulating certain programs, activities, and 
  1.7             practices; providing for fees; amending Minnesota 
  1.8             Statutes 1994, sections 116.07, subdivision 2a; 
  1.9             160.02, by adding a subdivision; 161.1231, subdivision 
  1.10            1; 161.125, subdivision 1; 162.09, subdivision 4; 
  1.11            169.14, subdivision 5d; 171.06, subdivision 2; 171.20, 
  1.12            subdivision 4; 221.031, subdivision 1; 221.0314, 
  1.13            subdivision 3; 221.131; 221.132; 299A.38, subdivision 
  1.14            2; 299A.44; 299M.03, subdivision 2; 326.12, 
  1.15            subdivision 3; 403.11, subdivision 1; 457A.02, 
  1.16            subdivision 2; 457A.03, subdivision 3; and 473.391; 
  1.17            repealing Minnesota Statutes 1994, sections 161.123; 
  1.18            161.124; and 457A.01, subdivision 7. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20                             ARTICLE 1
  1.21                        HIGHWAY RESTRICTIONS
  1.22     Section 1.  Minnesota Statutes 1994, section 161.1231, 
  1.23  subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [AUTHORITY TO CONSTRUCT.] 
  1.25  Notwithstanding section 161.123 or any other law, the 
  1.26  commissioner may acquire land by purchase, gift, or eminent 
  1.27  domain for parking facilities described in this section and may 
  1.28  construct, operate, repair, and maintain parking facilities 
  1.29  primarily to serve vehicles traveling the route in the 
  1.30  interstate highway system described in section 161.123, clause 
  1.31  (2) generally as legislative routes Nos. 10 and 107 between 
  1.32  I-494 and the Hawthorne interchange in the city of Minneapolis, 
  2.1   also known as I-394.  Other vehicles may use the parking 
  2.2   facilities when space is available. 
  2.3      Sec. 2.  Minnesota Statutes 1994, section 473.391, is 
  2.4   amended to read: 
  2.5      473.391 [ROUTE PLANNING AND SCHEDULING.] 
  2.6      The council may contract with other operators or local 
  2.7   governments for route planning and scheduling services in any 
  2.8   configuration of new or reconfiguration of existing transit 
  2.9   services and routes, including route planning and scheduling 
  2.10  necessary for the test marketing program, the service bidding 
  2.11  program, and the interstate highway described in section 
  2.12  161.123, clause (2) generally as legislative routes Nos. 10 and 
  2.13  107 between I-494 and the Hawthorne interchange in the city of 
  2.14  Minneapolis, commonly known as I-394.  
  2.15     Sec. 3.  [REPEALER.] 
  2.16     Minnesota Statutes 1994, sections 161.123; and 161.124, are 
  2.17  repealed. 
  2.18     Sec. 4.  [EFFECTIVE DATE.] 
  2.19     Sections 1 to 3 are effective upon metropolitan council 
  2.20  approval of plans presented by the commissioner to: 
  2.21     (1) construct one additional lane on each roadway of I-394 
  2.22  at or near its interchange with Penn Avenue; 
  2.23     (2) preserve the existence of an additional lane eastbound 
  2.24  between Penn Avenue and the Dunwoody Boulevard exit; 
  2.25     (3) erect noise barriers adjacent to the westbound roadway 
  2.26  of the highway continuously between Wirth Parkway and Penn 
  2.27  Avenue, and on the eastbound roadway of the highway continuously 
  2.28  between Madeira Avenue and Wirth Parkway, and extend the 
  2.29  existing noise barriers easterly of France Avenue, all with the 
  2.30  consent of all affected owners of commercial property; 
  2.31     (4) adopt a goal of achieving an average occupancy rate on 
  2.32  the highway of 1.6 persons per vehicle by 2000, and implement a 
  2.33  five-year program in cooperation with the council intended to 
  2.34  achieve that goal by, among other means, significantly 
  2.35  increasing the use of high-occupancy lanes on the highway and 
  2.36  the use of other roadways; 
  3.1      (5) develop and implement, jointly with the commissioner of 
  3.2   public safety, a plan and program for (i) enforcement of speed 
  3.3   limits and other traffic laws and high-occupancy lane 
  3.4   restrictions and the minimizing of late merging of traffic onto 
  3.5   the eastbound highway, and (ii) demonstration of increased 
  3.6   information and education through changeable message signs and 
  3.7   the use of electronic detection to identify and warn traffic law 
  3.8   violators; and 
  3.9      (6) ensure the highway has a bituminous surface between 
  3.10  June Avenue in Golden Valley and the highway's intersection with 
  3.11  marked interstate highway No. 94 in Minneapolis. 
  3.12                             ARTICLE 2
  3.13                   TRANSPORTATION APPROPRIATIONS
  3.14     Section 1.  [TRANSPORTATION AND OTHER AGENCIES 
  3.15  APPROPRIATIONS.] 
  3.16     The sums shown in the columns marked "APPROPRIATIONS" are 
  3.17  appropriated from the general fund, or another named fund, to 
  3.18  the agencies and for the purposes specified in this act, to be 
  3.19  available for the fiscal years indicated for each purpose.  The 
  3.20  figures "1996," and "1997," where used in this act, mean that 
  3.21  the appropriation or appropriations listed under them are 
  3.22  available for the year ending June 30, 1996, or June 30, 1997, 
  3.23  respectively.  
  3.24                          SUMMARY BY FUND
  3.25                          1996          1997           TOTAL
  3.26  General              $ 60,849,000   $ 59,751,000   $120,600,000
  3.27  Airports               16,000,000     16,400,000     32,400,000 
  3.28  C.S.A.H.              285,642,000    293,068,000    578,710,000 
  3.29  Highway User           10,306,000     10,313,000     20,619,000 
  3.30  M.S.A.S.               87,078,000     89,240,000    176,318,000 
  3.31  Special Revenue           960,000        984,000      1,944,000 
  3.32  Trunk Highway         828,388,000    825,448,000  1,653,836,000 
  3.33  Transfers to Other
  3.34  Direct                 (2,967,000)    (2,636,000)    (5,603,000)
  3.35  TOTAL               1,289,223,000  1,295,204,000  2,584,427,000
  3.36                                             APPROPRIATIONS 
  4.1                                          Available for the Year 
  4.2                                              Ending June 30 
  4.3                                             1996         1997 
  4.4   Sec. 2.  TRANSPORTATION 
  4.5   Subdivision 1.  Total 
  4.6   Appropriation                      1,157,842,000  1,158,424,000
  4.7   The appropriations in this section are 
  4.8   from the trunk highway fund, except 
  4.9   when another fund is named. 
  4.10                Summary by Fund
  4.11  General              12,654,000    12,653,000
  4.12  Airports             15,950,000    16,350,000
  4.13  C.S.A.H.            285,642,000   293,068,000
  4.14  M.S.A.S.             87,078,000    89,240,000
  4.15  Trunk Highway       756,518,000   747,113,000
  4.16  The amounts that may be spent from this 
  4.17  appropriation for each program are 
  4.18  specified in the following subdivisions.
  4.19  Subd. 2.  Aeronautics                 15,880,000     16,280,000
  4.20  This appropriation is from the state 
  4.21  airports fund.  
  4.22  The amounts that may be spent from this 
  4.23  appropriation for each activity are as 
  4.24  follows:  
  4.25  (a) Airport Development and Assistance 
  4.26                1996           1997
  4.27             11,349,000     11,748,000
  4.28  $2,146,000 the first year and 
  4.29  $2,146,000 the second year are for 
  4.30  navigational aids.  
  4.31  $6,800,000 the first year and 
  4.32  $7,200,000 the second year are for 
  4.33  airport construction grants.  
  4.34  $2,300,000 the first year and 
  4.35  $2,300,000 the second year are for 
  4.36  airport maintenance grants. 
  4.37  If the appropriation for either year 
  4.38  for navigational aids, airport 
  4.39  construction grants, or airport 
  4.40  maintenance grants is insufficient, the 
  4.41  appropriation for the other year is 
  4.42  available for it.  The appropriations 
  4.43  for construction grants and maintenance 
  4.44  grants may be spent only for 
  4.45  grant-in-aid programs for airports that 
  4.46  are not state owned. 
  4.47  These appropriations must be spent in 
  4.48  accordance with Minnesota Statutes, 
  4.49  section 360.305, subdivision 4. 
  5.1   The commissioner of transportation may 
  5.2   transfer unencumbered balances among 
  5.3   the appropriations for airport 
  5.4   development and assistance with the 
  5.5   approval of the governor after 
  5.6   consultation with the legislative 
  5.7   advisory commission.  
  5.8   $12,000 the first year and $12,000 the 
  5.9   second year are for maintenance of the 
  5.10  Pine Creek Airport.  
  5.11  $91,000 the first year and $90,000 the 
  5.12  second year are for air service grants. 
  5.13  (b) Aviation Support 
  5.14       4,470,000      4,471,000
  5.15  $65,000 the first year and $65,000 the 
  5.16  second year are for the civil air 
  5.17  patrol. 
  5.18  $15,000 the first year and $15,000 the 
  5.19  second year are for the advisory 
  5.20  council on metropolitan airport 
  5.21  planning.  The commissioner of 
  5.22  transportation shall transfer these 
  5.23  funds to the legislative coordinating 
  5.24  commission.  These funds are available 
  5.25  in either year of the biennium.  
  5.26  (c) Air Transportation Services 
  5.27          61,000         61,000
  5.28  Subd. 3.  Transit                    12,293,000     12,292,000
  5.29                Summary by Fund
  5.30  General              12,005,000     12,004,000
  5.31  Trunk Highway           288,000        288,000
  5.32  The amounts that may be spent from this 
  5.33  appropriation for each activity are as 
  5.34  follows:  
  5.35  (a) Greater Minnesota Transit
  5.36  Assistance 
  5.37      11,557,000    11,556,000
  5.38  This appropriation is from the general 
  5.39  fund.  
  5.40  (b) Transit Administration   
  5.41         736,000       736,000
  5.42                Summary by Fund
  5.43  General                 448,000       448,000
  5.44  Trunk Highway           288,000       288,000 
  5.45  Subd. 4.  Railroads and Waterways    1,431,000      1,431,000
  5.46                Summary by Fund
  5.47  General                 492,000       492,000
  6.1   Trunk Highway           939,000       939,000 
  6.2   $250,000 the first year and $250,000 
  6.3   the second year are for a phase-II 
  6.4   feasibility study of high-speed rail 
  6.5   service in Minnesota, Wisconsin, and 
  6.6   Illinois along the southern corridor 
  6.7   identified in the tri-state study of 
  6.8   high-speed rail service.  The 
  6.9   commissioner may enter into agreements 
  6.10  with Wisconsin and Illinois to 
  6.11  cooperate in the study.  The study 
  6.12  outline must include all subjects 
  6.13  identified in Laws 1994, chapter 640, 
  6.14  section 5, paragraph (b).  This 
  6.15  appropriation is contingent on 
  6.16  Wisconsin providing $500,000 and on 
  6.17  receipt of federal matching money for 
  6.18  the study.  This appropriation is from 
  6.19  the general fund and is available until 
  6.20  spent. 
  6.21  The commissioner and metropolitan and 
  6.22  regional planning organizations shall 
  6.23  increase efforts to assist owners of 
  6.24  commercial navigation facilities as 
  6.25  defined in Minnesota Statutes, section 
  6.26  457A.01, subdivision 2, to seek federal 
  6.27  ISTEA funds for port development. 
  6.28  Subd. 5.  Motor Carrier Regulation   2,266,000      2,267,000
  6.29                Summary by Fund
  6.30  General                 107,000       107,000
  6.31  Trunk Highway         2,159,000     2,160,000
  6.32  Subd. 6.  Local Roads              372,720,000    382,308,000
  6.33                Summary by Fund
  6.34  C.S.A.H.            285,642,000   293,068,000
  6.35  M.S.A.S.             87,078,000    89,240,000
  6.36  The amounts that may be spent from this 
  6.37  appropriation for each activity are as 
  6.38  follows:  
  6.39  (a) County State Aids 
  6.40     285,642,000    293,068,000
  6.41  This appropriation is from the county 
  6.42  state-aid highway fund and is available 
  6.43  until spent.  
  6.44  (b) Municipal State Aids 
  6.45      87,078,000     89,240,000
  6.46  This appropriation is from the 
  6.47  municipal state-aid street fund and is 
  6.48  available until spent.  
  6.49  If an appropriation for either county 
  6.50  state aids or municipal state aids does 
  6.51  not exhaust the balance in the fund 
  6.52  from which it is made in the year for 
  6.53  which it is made, the commissioner of 
  7.1   finance, upon request of the 
  7.2   commissioner of transportation, shall 
  7.3   notify the committee on finance of the 
  7.4   senate and the committee on ways and 
  7.5   means of the house of representatives 
  7.6   of the amount of the remainder and 
  7.7   shall then add that amount to the 
  7.8   appropriation.  The amount added is 
  7.9   appropriated for the purposes of county 
  7.10  state aids or municipal state aids, as 
  7.11  appropriate.  
  7.12  (c) State Aid Technical Assistance 
  7.13       5,706,000      5,852,000
  7.14  These appropriations are for 
  7.15  administrative costs as provided in 
  7.16  Minnesota Statutes, sections 162.06, 
  7.17  subdivision 2; and 162.12, subdivision 
  7.18  2. 
  7.19                Summary by Fund
  7.20  C.S.A.H.              4,373,000     4,486,000
  7.21  M.S.A.S.              1,333,000     1,366,000
  7.22  Subd. 7.  State Road Construction    516,960,000    515,986,000
  7.23  The amounts that may be spent from this 
  7.24  appropriation for each activity are as 
  7.25  follows:  
  7.26  (a) State Road Construction 
  7.27     376,463,000    377,763,000
  7.28  It is estimated that the appropriation 
  7.29  from the trunk highway fund will be 
  7.30  funded as follows:  
  7.31  Federal Highway Aid 
  7.32     205,000,000    205,000,000
  7.33  Highway User Taxes 
  7.34     171,463,000    172,763,000
  7.35  The commissioner of transportation 
  7.36  shall notify the chair of the committee 
  7.37  on finance of the senate and chair of 
  7.38  the committee on ways and means of the 
  7.39  house of representatives quarterly of 
  7.40  any events that should cause these 
  7.41  estimates to change. 
  7.42  This appropriation is for the actual 
  7.43  construction, reconstruction, and 
  7.44  improvement of trunk highways.  This 
  7.45  includes the cost of actual payment to 
  7.46  landowners for lands acquired for 
  7.47  highway right-of-way, payment to 
  7.48  lessees, interest subsidies, and 
  7.49  relocation expenses.  
  7.50  The commissioner of transportation may 
  7.51  receive monies covering other shares of 
  7.52  the cost of partnership projects.  
  7.53  These receipts are appropriated to the 
  8.1   commissioner for these projects. 
  8.2   Before proceeding with a project, or a 
  8.3   series of projects on a single highway, 
  8.4   with a cost exceeding $10,000,000, the 
  8.5   commissioner shall consider the 
  8.6   feasibility of alternative means of 
  8.7   financing the project or series of 
  8.8   projects, including but not limited to 
  8.9   congestion pricing, tolls, mileage 
  8.10  pricing, and public-private partnership.
  8.11  (b) Highway Debt Service 
  8.12      21,728,000     19,602,000
  8.13  $11,948,000 the first year and 
  8.14  $7,641,000 the second year are for 
  8.15  transfer to the state bond fund. 
  8.16  If this appropriation is insufficient 
  8.17  to make all transfers required in the 
  8.18  year for which it is made, the 
  8.19  commissioner of finance shall notify 
  8.20  the committee on finance of the senate 
  8.21  and the committee on ways and means of 
  8.22  the house of representatives of the 
  8.23  amount of the deficiency and shall then 
  8.24  transfer that amount under the 
  8.25  statutory open appropriation.  
  8.26  Any excess appropriation must be 
  8.27  canceled to the trunk highway fund. 
  8.28  (c) Research and Investment Management 
  8.29      10,388,000     10,390,000
  8.30  $444,000 the first year and $444,000 
  8.31  the second year are available for 
  8.32  grants for transportation studies 
  8.33  outside the metropolitan area for 
  8.34  transportation studies to identify 
  8.35  critical concerns, problems, and 
  8.36  issues.  These grants are available to 
  8.37  (1) regional development commissions, 
  8.38  and (2) in regions where no regional 
  8.39  development commission is functioning, 
  8.40  joint-powers boards established under 
  8.41  agreement of two or more political 
  8.42  subdivisions in the region to exercise 
  8.43  the planning functions of a regional 
  8.44  development commission. 
  8.45  $180,000 the first year and $180,000 
  8.46  the second year are available for 
  8.47  grants to metropolitan planning 
  8.48  organizations outside the seven-county 
  8.49  metropolitan area. 
  8.50  $75,000 the first year and $75,000 the 
  8.51  second year are for a transportation 
  8.52  research contingent account to finance 
  8.53  research projects that are reimbursable 
  8.54  from the federal government or from 
  8.55  other sources.  If the appropriation 
  8.56  for either year is insufficient, the 
  8.57  appropriation for the other year is 
  8.58  available for it. 
  8.59  (d) Design Engineering
  9.1       52,981,000     52,981,000
  9.2   Of these appropriations, $2,190,000 the 
  9.3   first year and $2,190,000 the second 
  9.4   year are for scientific equipment.  If 
  9.5   the appropriation for either year is 
  9.6   insufficient, the appropriation for the 
  9.7   other year is available for it. 
  9.8   The commissioner, in cooperation with 
  9.9   the tribal council, shall determine 
  9.10  those portions of trunk highway 61 
  9.11  right-of-way lying within the 
  9.12  boundaries of the Grand Portage Indian 
  9.13  Reservation that are no longer needed 
  9.14  for trunk highway purposes.  This 
  9.15  determination shall be made according 
  9.16  to criteria developed by the 
  9.17  commissioner in consultation with the 
  9.18  tribal council.  Following the 
  9.19  completion of this project the 
  9.20  commissioner may, pursuant to Minnesota 
  9.21  Statutes, section 161.43, relinquish 
  9.22  and quit claim to the Grand Portage 
  9.23  Band where it is the fee owner, or to 
  9.24  the United States where it holds the 
  9.25  fee in trust for the Grand Portage 
  9.26  Band, any easement or portion of an 
  9.27  easement that has been determined to be 
  9.28  no longer needed by the transportation 
  9.29  department for trunk highway purposes.  
  9.30  For the purposes of section 161.43, the 
  9.31  tribal council shall be treated in the 
  9.32  same manner as if it were a political 
  9.33  subdivision of the state, provided that 
  9.34  the matching funds contributed by the 
  9.35  tribal council to the surveying and 
  9.36  mapping project described above shall 
  9.37  be considered full compensation for the 
  9.38  relinquishment and quit claim of any 
  9.39  easements or portions of any easements 
  9.40  over tribal or tribal trust lands. 
  9.41  (e) Construction Engineering
  9.42      55,400,000     55,250,000
  9.43  Subd. 8.  State Road Operations      192,412,000    192,775,000
  9.44                Summary by Fund
  9.45  Trunk Highway       192,403,000   192,766,000
  9.46  General                   9,000         9,000
  9.47  (a) State Road Operations
  9.48     188,244,000    188,607,000
  9.49  $11,989,000 the first year and 
  9.50  $11,989,000 the second year are for 
  9.51  road equipment.  If the appropriation 
  9.52  for either year is insufficient, the 
  9.53  appropriation for the other year is 
  9.54  available for it. 
  9.55  (b) Electronic Communications
  9.56       4,168,000      4,168,000
  9.57                Summary by Fund
 10.1   General                   9,000         9,000
 10.2   Trunk Highway         4,159,000     4,159,000
 10.3   $9,000 the first year and $9,000 the 
 10.4   second year are from the general fund 
 10.5   for equipment and operation of the 
 10.6   Roosevelt signal tower for Lake of the 
 10.7   Woods weather broadcasting. 
 10.8   Subd. 9.  General Administration      43,880,000     35,085,000
 10.9                 Summary by Fund
 10.10  General                  41,000        41,000
 10.11  Airports                 70,000        70,000 
 10.12  Trunk Highway        43,769,000    34,974,000
 10.13  The amounts that may be spent from this 
 10.14  appropriation for each activity are as 
 10.15  follows:  
 10.16  (a) General Management       
 10.17      22,943,000     22,999,000
 10.18  $100,000 each year is appropriated from 
 10.19  the trunk highway fund to the 
 10.20  commissioner of transportation for 
 10.21  grants to stimulate telecommuting as an 
 10.22  alternative to peak-hour highway 
 10.23  commuting.  The commissioner and the 
 10.24  Minnesota telecommuting partnership 
 10.25  shall determine grant purposes and 
 10.26  recipients.  Initial consideration will 
 10.27  be given to the communities of Cottage 
 10.28  Grove, Upsala, and Morrison county. 
 10.29  Notwithstanding Minnesota Statutes, 
 10.30  sections 160.84 to 160.92, the 
 10.31  commissioner of transportation is 
 10.32  authorized to implement a demonstration 
 10.33  congestion pricing project involving 
 10.34  interstate trunk highway facilities to 
 10.35  determine the feasibility of charging 
 10.36  user fees as allowed by Section 1012(b) 
 10.37  of the Intermodal Surface 
 10.38  Transportation Efficiency Act of 1991, 
 10.39  Public Law Number 102-240 (ISTEA).  For 
 10.40  the purposes of this demonstration 
 10.41  project, the commissioner shall be 
 10.42  exempt from any rulemaking 
 10.43  requirements.  The commissioner of 
 10.44  transportation must obtain prior 
 10.45  approval for the project from the 
 10.46  metropolitan council.  The metropolitan 
 10.47  council must hold a public hearing on 
 10.48  the project as proposed by the 
 10.49  commissioner of transportation before 
 10.50  granting its approval.  All fees 
 10.51  collected by the commissioner shall be 
 10.52  deposited in the trunk highway fund and 
 10.53  are appropriated to implement and 
 10.54  administer this demonstration project. 
 10.55  The project must be completed by June 
 10.56  30, 1997. 
 10.57  $250,000 in the first year is for 
 10.58  research and operational testing of a 
 11.1   road-powered electric vehicle (RPEV) 
 11.2   system, either with high-occupancy 
 11.3   vehicles, shuttles, or full-size buses, 
 11.4   as part of the Saints road project in 
 11.5   St. Cloud.  This project must be 
 11.6   coordinated with the St. Cloud area 
 11.7   metropolitan transit commission.  The 
 11.8   commissioner shall analyze findings and 
 11.9   make recommendations on (1) snow and 
 11.10  ice control over extended periods of 
 11.11  system operation, (2) design 
 11.12  applications for road installation, (3) 
 11.13  durability and reliability of such a 
 11.14  system on public or private roadway 
 11.15  over an extended period, (4) safety 
 11.16  factors and hazard mitigation related 
 11.17  to the probability of occurrence of 
 11.18  hazards, and (5) preliminary research 
 11.19  on application of the system to 
 11.20  intelligent transportation systems.  Of 
 11.21  this appropriation $150,000 is 
 11.22  available immediately and an additional 
 11.23  $100,000 is available only if it is 
 11.24  matched with at least $50,000 in 
 11.25  in-kind funding from private and other 
 11.26  sources.  The commissioner shall seek 
 11.27  federal funding for this project as 
 11.28  well as local matching funds.  The 
 11.29  commissioner shall not spend this 
 11.30  appropriation until the commissioner 
 11.31  has determined that the RPEV study, 
 11.32  evaluation, and test required under 
 11.33  Laws 1994, chapter 640, section 4, 
 11.34  paragraph (a), has been satisfactorily 
 11.35  completed.  This appropriation is from 
 11.36  the trunk highway fund. 
 11.37  (b) General Services 
 11.38      20,397,000     12,086,000
 11.39                Summary by Fund
 11.40  General                  41,000        41,000
 11.41  Airports                 70,000        70,000 
 11.42  Trunk Highway        20,826,000    11,975,000 
 11.43  $3,500,000 the first year and 
 11.44  $3,500,000 the second year are for data 
 11.45  processing development.  If the 
 11.46  appropriation for either year is 
 11.47  insufficient, the appropriation for the 
 11.48  other year is available for it. 
 11.49  $9,000,000 the first year is for 
 11.50  purchase of the Water's Edge building.  
 11.51  This appropriation is from the trunk 
 11.52  highway fund. 
 11.53  The commissioner of transportation 
 11.54  shall manage the department of 
 11.55  transportation in such a manner as to 
 11.56  provide seasonal employees of the 
 11.57  department with the maximum feasible 
 11.58  amount of employment security 
 11.59  consistent with the efficient delivery 
 11.60  of department programs. 
 11.61  Subd. 10.  Transfers
 12.1   The commissioner of transportation with 
 12.2   the approval of the commissioner of 
 12.3   finance may transfer unencumbered 
 12.4   balances among the appropriations from 
 12.5   the trunk highway fund and the state 
 12.6   airports fund made in this section.  No 
 12.7   transfer may be made from the 
 12.8   appropriation for state road 
 12.9   construction.  No transfer may be made 
 12.10  from the appropriations for debt 
 12.11  service to any other appropriation.  
 12.12  Transfers may not be made between funds.
 12.13  Transfers must be reported immediately 
 12.14  to the committee on finance of the 
 12.15  senate and the committee on ways and 
 12.16  means of the house of representatives.  
 12.17  Sec. 3.  METROPOLITAN COUNCIL  
 12.18  TRANSIT                               42,037,000     41,058,000
 12.19  Of this amount, the metropolitan 
 12.20  council may use up to $625,000 during 
 12.21  the biennium to implement a high-speed 
 12.22  bus demonstration project.  The project 
 12.23  may be implemented with reorganized 
 12.24  existing transit service or provision 
 12.25  of new service. 
 12.26  Of this amount, $354,000 is for 
 12.27  security measures on transit vehicles, 
 12.28  including, but not limited to, 
 12.29  plexiglass enclosures for drivers and 
 12.30  on-bus surveillance cameras.  The 
 12.31  council may also pay for these security 
 12.32  measures out of the proceeds of bonds 
 12.33  issued under Minnesota Statutes, 
 12.34  section 473.39. 
 12.35  The metropolitan council may not spend 
 12.36  more than $15,300,000 the first year 
 12.37  and $15,300,000 the second year on 
 12.38  metro mobility, except for proceeds 
 12.39  from bond sales where use of such 
 12.40  proceeds for metro mobility capital 
 12.41  expenditures is authorized by law. 
 12.42  Sec. 4.  TRANSPORTATION 
 12.43  REGULATION BOARD                         605,000        
 12.44  This appropriation is from the trunk 
 12.45  highway fund. 
 12.46  Of this amount, $100,000 is for the 
 12.47  board, in cooperation with the 
 12.48  commissioner of transportation, the 
 12.49  center for transportation studies, and 
 12.50  the legislative auditor, to conduct a 
 12.51  study of the transfer of powers, 
 12.52  duties, and functions of the board to 
 12.53  an appropriate agency.  The study must 
 12.54  include (1) which powers of the board 
 12.55  should be eliminated, and (2) the 
 12.56  relocation to other agencies of those 
 12.57  powers of the board that should be 
 12.58  retained.  In conducting the study, the 
 12.59  board shall establish and consult with 
 12.60  an advisory committee that includes, 
 12.61  but is not limited to, representatives 
 12.62  of for-hire and private trucking, 
 12.63  including household goods movers; 
 12.64  railroads; representatives of for-hire 
 13.1   and private passenger carriers, 
 13.2   including limousines and personal 
 13.3   transportation consumers; and members 
 13.4   of legislative committees and divisions 
 13.5   that are responsible for transportation 
 13.6   policy or funding.  The board shall 
 13.7   submit a report on the study, including 
 13.8   recommendations and draft legislation, 
 13.9   to the legislature by February 1, 1996. 
 13.10  Sec. 5.  PUBLIC SAFETY
 13.11  Subdivision 1.  Total 
 13.12  Appropriation                         80,922,000     81,012,000
 13.13                Summary by Fund
 13.14                          1996          1997
 13.15  General               6,158,000     6,040,000
 13.16  Highway User         10,181,000    10,188,000 
 13.17  Special Revenue         910,000       934,000 
 13.18  Trunk Highway        63,673,000    63,850,000 
 13.19  Transfers to Other 
 13.20  Direct               (2,697,000)   (2,636,000)
 13.21  The amounts that may be spent from this 
 13.22  appropriation for each program are 
 13.23  specified in the following subdivisions.
 13.24  Subd. 2.  Administration and 
 13.25  Related Services 
 13.26       5,152,000      5,170,000
 13.27                Summary by Fund
 13.28  General                 615,000       615,000
 13.29  Highway User             19,000        19,000 
 13.30  Trunk Highway         4,518,000     4,536,000 
 13.31  $326,000 the first year and $326,000 
 13.32  the second year are for payment of 
 13.33  public safety officer survivor benefits 
 13.34  under Minnesota Statutes, section 
 13.35  299A.44.  If the appropriation for 
 13.36  either year is insufficient, the 
 13.37  appropriation for the other year is 
 13.38  available for it. 
 13.39  $92,000 the first year and $92,000 the 
 13.40  second year are for soft body armor 
 13.41  reimbursements under Minnesota 
 13.42  Statutes, section 299A.38.  
 13.43  Subd. 3.  State Patrol 
 13.44      43,727,000     43,835,000 
 13.45                Summary by Fund
 13.46  General                 451,000       406,000
 13.47  Highway User             60,000        60,000
 14.1   Trunk Highway        43,216,000    43,369,000
 14.2   During the biennium ending June 30, 
 14.3   1997, no more than five positions, 
 14.4   excluding the chief patrol officer, in 
 14.5   the state patrol support activity may 
 14.6   be filled by state troopers. 
 14.7   During the biennium ending June 30, 
 14.8   1997, the commissioner may purchase 
 14.9   other motor fuel when gasohol is not 
 14.10  available for the operation of state 
 14.11  patrol vehicles. 
 14.12  $45,000 is available from the general 
 14.13  fund for the biennium to replace 
 14.14  security equipment at the governor's 
 14.15  residence. 
 14.16  Subd. 4.  Driver and Vehicle Services 
 14.17      29,446,000     29,460,000
 14.18                Summary by Fund
 14.19  General               3,511,000     3,512,000
 14.20  Highway User         10,121,000    10,128,000 
 14.21  Trunk Highway        15,756,000    15,761,000 
 14.22  Special Revenue          58,000        59,000 
 14.23  The appropriation from the special 
 14.24  revenue fund is from the bicycle 
 14.25  transportation account. 
 14.26  Subd. 5.  Traffic Safety    
 14.27         244,000        245,000
 14.28                Summary by Fund
 14.29  General                  61,000        61,000
 14.30  Trunk Highway           183,000       184,000
 14.31  Subd. 6.  Pipeline Safety 
 14.32         852,000        875,000
 14.33  This appropriation is from the pipeline 
 14.34  safety account in the special revenue 
 14.35  fund. 
 14.36  Subd. 7.  Reimbursements 
 14.37  (a) $1,520,000 the first year and 
 14.38  $1,446,000 the second year are 
 14.39  appropriated from the general fund for 
 14.40  transfer by the commissioner of finance 
 14.41  to the trunk highway fund on January 1, 
 14.42  1996, and January 1, 1997, 
 14.43  respectively, in order to reimburse the 
 14.44  trunk highway fund for expenses not 
 14.45  related to the fund.  These represent 
 14.46  amounts appropriated out of the trunk 
 14.47  highway fund for general fund purposes 
 14.48  in the administration and related 
 14.49  services program.  
 15.1   (b) $461,000 the first year and 
 15.2   $474,000 the second year are 
 15.3   appropriated from the highway user tax 
 15.4   distribution fund for transfer by the 
 15.5   commissioner of finance to the trunk 
 15.6   highway fund on January 1, 1996, and 
 15.7   January 1, 1997, respectively, in order 
 15.8   to reimburse the trunk highway fund for 
 15.9   expenses not related to the fund.  
 15.10  These represent amounts appropriated 
 15.11  out of the trunk highway fund for 
 15.12  highway user fund purposes in the 
 15.13  administration and related services 
 15.14  program. 
 15.15  (c) $716,000 the first year and 
 15.16  $716,000 the second year are 
 15.17  appropriated from the highway user tax 
 15.18  distribution fund for transfer by the 
 15.19  commissioner of finance to the general 
 15.20  fund on January 1, 1996, and January 1, 
 15.21  1997, respectively, in order to 
 15.22  reimburse the general fund for expenses 
 15.23  not related to the fund.  These 
 15.24  represent amounts appropriated out of 
 15.25  the general fund for operation of the 
 15.26  criminal justice data network related 
 15.27  to driver and motor vehicle licensing. 
 15.28  Sec. 6.  MINNESOTA SAFETY COUNCIL         67,000        67,000
 15.29  This appropriation is from the trunk 
 15.30  highway fund. 
 15.31  Sec. 7.  GENERAL CONTINGENT 
 15.32  ACCOUNTS                                 375,000       375,000
 15.33  The appropriations in this section may 
 15.34  only be spent with the approval of the 
 15.35  governor after consultation with the 
 15.36  legislative advisory commission 
 15.37  pursuant to Minnesota Statutes, section 
 15.38  3.30. 
 15.39  If an appropriation in this section for 
 15.40  either year is insufficient, the 
 15.41  appropriation for the other year is 
 15.42  available for it.  
 15.43                Summary by Fund
 15.44  Trunk Highway Fund  
 15.45         200,000        200,000
 15.46  Highway User Tax Distribution Fund 
 15.47         125,000        125,000
 15.48  State Airports Fund 
 15.49          50,000         50,000
 15.50  Sec. 8.  TORT CLAIMS                    600,000        600,000
 15.51  To be spent by the commissioner of 
 15.52  finance.  
 15.53  This appropriation is from the trunk 
 15.54  highway fund. 
 16.1   If the appropriation for either year is 
 16.2   insufficient, the appropriation for the 
 16.3   other year is available for it. 
 16.4   Sec. 9.  TRUNK HIGHWAY SUPPLEMENT  6,725,000   13,618,000
 16.5   The amounts necessary to pay 
 16.6   compensation and economic benefit 
 16.7   increases, within available resources 
 16.8   in the trunk highway fund, are 
 16.9   appropriated to the commissioner of 
 16.10  finance for the years ending June 30, 
 16.11  1996 and June 30, 1997.  During the 
 16.12  biennium, the commissioner shall 
 16.13  transfer the necessary amounts to the 
 16.14  proper accounts.  The commissioner 
 16.15  shall report to the chair of the ways 
 16.16  and means committee of the house of 
 16.17  representatives and the chair of the 
 16.18  finance committee of the senate on the 
 16.19  transfers made under this section.  
 16.20  This appropriation is from the trunk 
 16.21  highway fund. 
 16.22  Sec. 10.  EVALUATION OF USE OF 
 16.23  COST-EFFECTIVE MEASURES 
 16.24  The legislative audit commission is 
 16.25  requested to direct the legislative 
 16.26  auditor to perform an evaluation of the 
 16.27  cost-effectiveness of specifications, 
 16.28  standards, practices, and procedures 
 16.29  relating to construction projects 
 16.30  undertaken by the department of 
 16.31  transportation.  The evaluation must 
 16.32  identify those construction-related 
 16.33  specifications, standards, practices, 
 16.34  and procedures which are cost-effective 
 16.35  and available to the department, but 
 16.36  which are not utilized. 
 16.37     Sec. 11.  [METROPOLITAN COUNCIL; EXPENDITURES.] 
 16.38     Notwithstanding any limitation on funding for metro 
 16.39  mobility, the metropolitan council may use the proceeds from the 
 16.40  certificates of indebtedness, bonds, or other obligations issued 
 16.41  pursuant to Minnesota Statutes, section 473.39, subdivision 1b, 
 16.42  to pay the capital costs of special transportation service in 
 16.43  the metropolitan area. 
 16.44     Sec. 12.  [TRUNK HIGHWAY 212; FINANCING ALTERNATIVES.] 
 16.45     The commissioner shall investigate alternative means of 
 16.46  financing the reconstruction of highway 212 between marked 
 16.47  interstate No. 494 and the city of Cologne, including, but not 
 16.48  limited to, public/private partnerships, toll financing, and 
 16.49  congestion pricing. 
 16.50     Sec. 13.  [WAKOTA BRIDGE.] 
 16.51     Subdivision 1.  [FINDINGS.] The legislature finds that: 
 17.1      (1) the completion of the Wakota bridge project connecting 
 17.2   the cities of South St. Paul and Newport is needed, as shown in 
 17.3   the metropolitan council's transportation policy plan; 
 17.4      (2) the project is considered one of the priority river 
 17.5   crossings in the metropolitan area according to that policy 
 17.6   plan; and 
 17.7      (3) the needs of the affected communities and of the entire 
 17.8   regional transportation system require that the department of 
 17.9   transportation make every effort to begin this project as 
 17.10  rapidly as possible. 
 17.11     Subd. 2.  [TRANSPORTATION IMPROVEMENT PROGRAM.] The 
 17.12  commissioner of transportation shall include the Wakota 
 17.13  bridge-trunk highway no. 61 project in the statewide 
 17.14  transportation improvement program at the earliest feasible date 
 17.15  consistent with available funding. 
 17.16     Subd. 3.  [REPORT.] The commissioner of transportation 
 17.17  shall submit an annual report to the legislature by February 1 
 17.18  of each year describing the status of the Wakota bridge-trunk 
 17.19  highway no. 61 project and indicating remaining uncompleted 
 17.20  components of the project. 
 17.21     Sec. 14.  Minnesota Statutes 1994, section 116.07, 
 17.22  subdivision 2a, is amended to read: 
 17.23     Subd. 2a.  [EXEMPTIONS FROM STANDARDS.] No standards 
 17.24  adopted by any state agency for limiting levels of noise in 
 17.25  terms of sound pressure which may occur in the outdoor 
 17.26  atmosphere shall apply to (1) segments of trunk highways 
 17.27  constructed with federal interstate substitution money, provided 
 17.28  that all reasonably available noise mitigation measures are 
 17.29  employed to abate noise, (2) an existing or newly constructed 
 17.30  segment of a highway, provided that all reasonably available 
 17.31  noise mitigation measures, as approved by the commissioners of 
 17.32  the department of transportation and pollution control agency, 
 17.33  are employed to abate noise, (3) skeet, trap or shooting sports 
 17.34  clubs, or (3) the holding of (4) motor vehicle race events 
 17.35  conducted at a facility specifically designed for that purpose 
 17.36  that was in operation on or before July 1, 1983.  Nothing herein 
 18.1   shall prohibit a local unit of government or a public 
 18.2   corporation with the power to make rules for the government of 
 18.3   its real property from regulating the location and operation of 
 18.4   skeet, trap or shooting sports clubs, or the holding of motor 
 18.5   vehicle race events conducted at a facility specifically 
 18.6   designed for that purpose that was in operation on or before 
 18.7   July 1, 1983. 
 18.8      Sec. 15.  Minnesota Statutes 1994, section 160.02, is 
 18.9   amended by adding a subdivision to read: 
 18.10     Subd. 16.  [FREEWAY OR EXPRESSWAY.] "Freeway" or 
 18.11  "expressway" means a divided, controlled-access highway with 
 18.12  four or more lanes.  
 18.13     Sec. 16.  Minnesota Statutes 1994, section 161.125, 
 18.14  subdivision 1, is amended to read: 
 18.15     Subdivision 1.  [IMPLEMENTATION.] The commissioner of 
 18.16  transportation shall, in accordance with the department's 
 18.17  program, implement sound a noise abatement study and noise 
 18.18  abatement measures within or along the perimeter of any 
 18.19  interstate or trunk highway within freeways and expressways in 
 18.20  incorporated areas located within the metropolitan area or any 
 18.21  municipality whenever the noise level attributable to vehicular 
 18.22  traffic at the abutting residential property line is in excess 
 18.23  of the federal noise standards.  The commissioner shall utilize 
 18.24  federal matching funds available for constructing and 
 18.25  maintaining sound abatement measures.  No standard adopted by 
 18.26  any state agency for limiting levels of noise in terms of sound 
 18.27  pressure in the outdoor atmosphere shall apply to any interstate 
 18.28  highway, or to any trunk highway segment constructed or 
 18.29  reconstructed with federal interstate substitution funds, 
 18.30  provided that all reasonable mitigating measures are used to 
 18.31  abate noise contingent on the availability of funding, in 
 18.32  accordance with section 116.07, subdivision 2a.  The 
 18.33  commissioner shall report to the legislature by February 1, 
 18.34  1997, on noise abatement studies and measures undertaken during 
 18.35  the previous calendar year and planned for the next three years 
 18.36  under this subdivision.  The study must include a survey of all 
 19.1   applicable noise standards and feasible noise abatement 
 19.2   measures, and an evaluation of their ability to protect citizens.
 19.3      Sec. 17.  Minnesota Statutes 1994, section 162.09, 
 19.4   subdivision 4, is amended to read: 
 19.5      Subd. 4.  [FEDERAL CENSUS TO BE CONCLUSIVE.] (a) In 
 19.6   determining whether any city has a population of 5,000 or more, 
 19.7   the last federal census shall be conclusive, except as otherwise 
 19.8   provided in this subdivision.  
 19.9      (b) A city that has previously been classified as having a 
 19.10  population of 5,000 or more for the purposes of chapter 162 and 
 19.11  whose population decreases by less than 15 percent from the 
 19.12  census figure that last qualified the city for inclusion shall 
 19.13  receive the following percentages of its 1981 apportionment for 
 19.14  the years indicated:  1982, 66 percent and 1983, 33 percent.  
 19.15  Thereafter the city shall not receive any apportionment from the 
 19.16  municipal state-aid street fund unless its population is 
 19.17  determined to be 5,000 or over by a federal census.  The 
 19.18  governing body of the city may contract with the United States 
 19.19  Bureau of the Census to take one special census before January 
 19.20  1, 1986.  A certified copy of the results of the census shall be 
 19.21  filed with the appropriate state authorities by the city.  The 
 19.22  result of the census shall be the population of the city for the 
 19.23  purposes of any law providing that population is a required 
 19.24  qualification for distribution of highway aids under chapter 
 19.25  162.  The special census shall remain in effect until the 1990 
 19.26  federal census is completed and filed.  The expense of taking 
 19.27  the special census shall be paid by the city.  
 19.28     (c) If an entire area not heretofore incorporated as a city 
 19.29  is incorporated as such during the interval between federal 
 19.30  censuses, its population shall be determined by its 
 19.31  incorporation census.  The incorporation census shall be 
 19.32  determinative of the population of the city only until the next 
 19.33  federal census. 
 19.34     (d) The population of a city created by the consolidation 
 19.35  of two or more previously incorporated cities shall be 
 19.36  determined by the most recent population estimate of the 
 20.1   metropolitan council or state demographer, until the first 
 20.2   federal decennial census or special census taken after the 
 20.3   consolidation. 
 20.4      Sec. 18.  Minnesota Statutes 1994, section 169.14, 
 20.5   subdivision 5d, is amended to read: 
 20.6      Subd. 5d.  [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 
 20.7   commissioner, on trunk highways and temporary trunk highways, 
 20.8   and local authorities, on streets and highways under their 
 20.9   jurisdiction, may authorize the use of reduced maximum speed 
 20.10  limits in highway work zones.  The commissioner or local 
 20.11  authority is not required to conduct an engineering and traffic 
 20.12  investigation before authorizing a reduced speed limit in a 
 20.13  highway work zone. 
 20.14     (b) The minimum highway work zone speed limit is 20 miles 
 20.15  per hour.  The work zone speed limit must not reduce the 
 20.16  established speed limit on the affected street or highway by 
 20.17  more than 15 miles per hour, except that the highway work zone 
 20.18  speed limit shall not exceed 40 miles per hour.  Highway work 
 20.19  zone speed limits are effective on erection of appropriate 
 20.20  regulatory speed limit signs designating the beginning and end 
 20.21  of the affected work zone.  The signs must be removed or covered 
 20.22  when they are not required.  A speed greater than the posted 
 20.23  highway work zone speed limit is unlawful.  
 20.24     (c) For purposes of this subdivision, "highway work zone" 
 20.25  means a segment of highway or street where a road authority or 
 20.26  its agent is constructing, reconstructing, or maintaining the 
 20.27  physical structure of the roadway, its shoulders, or features 
 20.28  adjacent to the roadway, including underground and overhead 
 20.29  utilities and highway appurtenances. 
 20.30     (d) Notwithstanding section 609.0331 or 609.101 or other 
 20.31  law to the contrary, a person who violates a speed limit 
 20.32  established under paragraph (b) while on a trunk highway, or who 
 20.33  violates any other provision of this section or section 169.141 
 20.34  while in a highway work zone on a trunk highway, is assessed an 
 20.35  additional surcharge equal to the amount of the fine imposed for 
 20.36  the speed violation, but not less than $25.  The surcharge must 
 21.1   be deposited in the state treasury and credited to the general 
 21.2   fund. 
 21.3      Sec. 19.  Minnesota Statutes 1994, section 171.06, 
 21.4   subdivision 2, is amended to read: 
 21.5      Subd. 2.  [FEES.] (a) The fees for a license and Minnesota 
 21.6   identification card are as follows: 
 21.7   Classified Driver License   C-$18.50 CC-$22.50 B-$29.50 A-$37.50
 21.8   Classified Under 21 D.L.    C-$18.50 CC-$22.50 B-$29.50 A-$17.50
 21.9   Instruction Permit                                        $ 9.50
 21.10  Duplicate Driver or Under 21 License or
 21.11   duplicate identification card                            $ 8.00
 21.12  Minnesota identification card other than duplicate,
 21.13   except as otherwise provided in section 171.07,
 21.14   subdivisions 3 and 3a                                    $12.50
 21.15     Sec. 20.  Minnesota Statutes 1994, section 171.20, 
 21.16  subdivision 4, is amended to read: 
 21.17     Subd. 4.  [REINSTATEMENT FEE.] A person whose driver's 
 21.18  license has been suspended under section 171.16, subdivision 2,; 
 21.19  171.18, except subdivision 1, clause (10); or 171.182, or who 
 21.20  has been disqualified from holding a commercial driver's license 
 21.21  under section 171.165 must pay a $20 fee before the license is 
 21.22  reinstated.  When this fee is collected by a county-operated 
 21.23  office of deputy registrar, a $3.50 handling charge is imposed.  
 21.24  The handling charge must be deposited in the treasury of the 
 21.25  place for which the deputy registrar was appointed and the $20 
 21.26  reinstatement fee must be deposited in an approved state 
 21.27  depository as directed under section 168.33, subdivision 2.  A 
 21.28  suspension may be rescinded without fee for good cause. 
 21.29     Sec. 21.  Minnesota Statutes 1994, section 221.031, 
 21.30  subdivision 1, is amended to read: 
 21.31     Subdivision 1.  [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 
 21.32  This subdivision applies to motor carriers engaged in intrastate 
 21.33  commerce. 
 21.34     (b) The commissioner shall prescribe rules for the 
 21.35  operation of motor carriers, including their facilities; 
 21.36  accounts; leasing of vehicles and drivers; service; safe 
 22.1   operation of vehicles; equipment, parts, and accessories; hours 
 22.2   of service of drivers; driver qualifications; accident 
 22.3   reporting; identification of vehicles; installation of safety 
 22.4   devices; inspection, repair, and maintenance; and proper 
 22.5   automatic speed regulators if, in the opinion of the 
 22.6   commissioner, there is a need for the rules.  
 22.7      (c) The commissioner shall direct the repair and 
 22.8   reconstruction or replacement of an inadequate or unsafe motor 
 22.9   carrier vehicle or facility.  The commissioner may require the 
 22.10  construction and maintenance or furnishing of suitable and 
 22.11  proper freight terminals, passenger depots, waiting rooms, and 
 22.12  accommodations or shelters in a city in this state or at a point 
 22.13  on the highway traversed which the commissioner, after 
 22.14  investigation by the department, may deem just and proper for 
 22.15  the protection of passengers or property.  
 22.16     (d) The commissioner shall require the filing of holders of 
 22.17  household goods mover permits, charter carrier permits, and 
 22.18  regular route passenger carrier certificates to file annual and 
 22.19  other reports including annual accounts of motor carriers, 
 22.20  schedules of rates and charges, or other data by motor carriers, 
 22.21  regulate motor carriers in matters affecting the relationship 
 22.22  between them and the traveling and shipping public, and 
 22.23  prescribe other rules as may be necessary to carry out the 
 22.24  provisions of this chapter.  
 22.25     (e) A motor carrier subject to paragraph (d) but having 
 22.26  gross revenues from for-hire transportation in a calendar year 
 22.27  of less than $200,000 may, at the discretion of the 
 22.28  commissioner, be exempted from the filing of an annual report, 
 22.29  if instead the motor carrier files an abbreviated annual report, 
 22.30  in a form as may be prescribed by the commissioner, attesting 
 22.31  that the motor carrier's gross revenues did not exceed $200,000 
 22.32  in the previous calendar year.  Motor carrier gross revenues 
 22.33  from for-hire transportation, for the purposes of this 
 22.34  subdivision only, do not include gross revenues received from 
 22.35  the operation of school buses as defined in section 169.01, 
 22.36  subdivision 6. 
 23.1      (f) The commissioner shall enforce sections 169.781 to 
 23.2   169.783. 
 23.3      (g) The commissioner shall make no rules relating to the 
 23.4   granting, limiting, or modifying of permits or certificates of 
 23.5   convenience and necessity, which are powers granted to the board.
 23.6      (h) The board may extend the termini of a route or alter or 
 23.7   change the route of a regular route common carrier upon petition 
 23.8   and after finding that public convenience and necessity require 
 23.9   an extension, alteration, or change. 
 23.10     Sec. 22.  Minnesota Statutes 1994, section 221.0314, 
 23.11  subdivision 3, is amended to read: 
 23.12     Subd. 3.  [WAIVER FOR PHYSICAL DEFECTS.] (a) A person who 
 23.13  is not physically qualified to drive under subdivision 2, but 
 23.14  who meets the other qualifications under subdivision 2, may 
 23.15  drive a motor vehicle if the commissioner grants a waiver to 
 23.16  that person.  The commissioner may grant a waiver to a person 
 23.17  who is not physically qualified to drive under Code of Federal 
 23.18  Regulations, title 49, section 391.41, paragraph (b)(1) or 
 23.19  (b)(2), according to rules adopted under section 221.031.  
 23.20     (b) The commissioner may grant a waiver to a person who is 
 23.21  not physically qualified to drive under Code of Federal 
 23.22  Regulations, title 49, section 391.41, paragraph (b)(3) to 
 23.23  (b)(13) for medical conditions for which waiver programs have 
 23.24  been established by the United States Department of 
 23.25  Transportation.  Except as required in paragraphs (c) to (f), 
 23.26  the commissioner shall require the same information and follow 
 23.27  the same procedure as the United States Department of 
 23.28  Transportation in granting the waivers.  The commissioner may 
 23.29  continue to grant waivers under this paragraph and paragraphs 
 23.30  (c) to (f) after the United States Department of Transportation 
 23.31  has discontinued its waiver program for a specific medical 
 23.32  condition if the commissioner determines that the waiver program 
 23.33  is consistent with the safe operation of motor vehicles. 
 23.34     (c) Despite federal requirements, the commissioner may 
 23.35  grant a waiver to a person who does not have three years' 
 23.36  experience in operating a commercial motor vehicle. 
 24.1      (d) Despite federal requirements, a person who has been 
 24.2   initially examined by a licensed physician and who has been 
 24.3   granted a waiver for a diabetic condition may be regularly 
 24.4   examined by the person's treating physician every six months 
 24.5   from the date a waiver is granted. 
 24.6      (e) Despite federal requirements, the commissioner may 
 24.7   grant a waiver to a person who requires insulin for controlling 
 24.8   diabetes but who has not been using insulin for the three years 
 24.9   preceding a waiver application if the applicant, in addition to 
 24.10  the information required by paragraph (b), submits a statement 
 24.11  from a licensed physician that includes: 
 24.12     (1) the date and a description of each episode experienced 
 24.13  by the person during the three years preceding a waiver 
 24.14  application that involved a loss of consciousness or voluntary 
 24.15  control due to hypoglycemia or hyperglycemia; 
 24.16     (2) the person's prognosis for control of the diabetes; and 
 24.17     (3) the physician's professional opinion about whether the 
 24.18  person is medically qualified to exercise reasonable and 
 24.19  ordinary control over a commercial motor vehicle on the public 
 24.20  highways. 
 24.21     (f) A person who is granted a waiver after submitting the 
 24.22  information required in paragraph (e) must, in addition, submit 
 24.23  a statement from the person's treating physician every six 
 24.24  months from the date a waiver is granted that includes the 
 24.25  information described in paragraph (e), clauses (1) and (2), and 
 24.26  gives the physician's professional opinion about whether the 
 24.27  person continues to be medically qualified to exercise 
 24.28  reasonable and ordinary control over a commercial motor vehicle 
 24.29  on the public highways. 
 24.30     Sec. 23.  Minnesota Statutes 1994, section 221.131, is 
 24.31  amended to read: 
 24.32     221.131 [CARRIER VEHICLE REGISTRATION; FEES; 
 24.33  IDENTIFICATION; CAB CARDS.] 
 24.34     Subdivision 1.  [PERMIT RENEWAL.] Permits issued under 
 24.35  section 221.121 are effective for a 12-month period.  A permit 
 24.36  holder shall must renew the permit annually by registration of 
 25.1   the vehicles operated under authority of that permit as required 
 25.2   by subdivision 2.  A permit holder has one annual renewal date 
 25.3   encompassing all of the permits held by the holder.  
 25.4      Subd. 2.  [PERMIT CARRIERS; ANNUAL VEHICLE REGISTRATION.] 
 25.5   (a) This subdivision applies only to holders of household goods 
 25.6   mover permits and charter carrier permits. 
 25.7      (b) The permit holder shall pay an annual registration fee 
 25.8   of $40 on each vehicle, including pickup and delivery vehicles, 
 25.9   operated by the holder under authority of the permit during the 
 25.10  12-month period or fraction of the 12-month period.  Trailers 
 25.11  and semitrailers used by a permit holder in combination with 
 25.12  power units may not be counted as vehicles in the computation of 
 25.13  fees under this section if the permit holder pays the fees for 
 25.14  power units. 
 25.15     (b) (c) The commissioner shall furnish a distinguishing 
 25.16  annual identification card for each vehicle or power unit for 
 25.17  which a fee has been paid.  The identification card must at all 
 25.18  times be carried in the vehicle or power unit to which it has 
 25.19  been assigned.  An identification card may be reassigned to 
 25.20  another vehicle or power unit upon application of the permit 
 25.21  holder and payment of a transfer fee of $10.  An identification 
 25.22  card issued under this section is valid only for the period for 
 25.23  which the permit is effective. 
 25.24     (c) The permit holder must be identified on the power unit 
 25.25  of each registered vehicle operated under the permit.  Vehicles 
 25.26  must show the name or the "doing business as" name of the permit 
 25.27  holder operating the vehicle and the community and abbreviation 
 25.28  of the state in which the permit holder maintains its principal 
 25.29  office or in which the vehicle is customarily based.  If the 
 25.30  permit holder operates a leased vehicle, it may show its name 
 25.31  and the name of the lessor on the vehicle, if the lease 
 25.32  relationship is clearly shown.  If the name of a person other 
 25.33  than the operating permit holder appears on the vehicle, the 
 25.34  words "operated by" must immediately precede the name of the 
 25.35  permit holder.  The name and address must be in letters that 
 25.36  contrast sharply in color with the background, be readily 
 26.1   legible during daylight hours from a distance of 50 feet while 
 26.2   the vehicle is stationary, and be maintained in a manner that 
 26.3   retains the legibility of the markings.  The name and address 
 26.4   may be shown by use of a removable device if that device meets 
 26.5   the identification and legibility requirements of this 
 26.6   subdivision. 
 26.7      (d) A fee of $10 is charged for the replacement of an 
 26.8   unexpired identification card that has been lost.  
 26.9      (e) The total annual registration fee per vehicle for class 
 26.10  II-T, class II-L, household goods mover, and 
 26.11  temperature-controlled commodities permit holders, or any 
 26.12  combination thereof, shall not exceed $40 per vehicle. 
 26.13     Subd. 2a.  [VEHICLE IDENTIFICATION.] The permit holder must 
 26.14  be identified on the power unit of each registered vehicle 
 26.15  operated under the permit.  Vehicles must show the name or the 
 26.16  "doing business as" name of the permit holder operating the 
 26.17  vehicle and the community and abbreviation of the state in which 
 26.18  the permit holder maintains its principal office or in which the 
 26.19  vehicle is customarily based.  If the permit holder operates a 
 26.20  leased vehicle, it may show its name and the name of the lessor 
 26.21  on the vehicle, if the lease relationship is clearly shown.  If 
 26.22  the name of a person other than the operating permit holder 
 26.23  appears on the vehicle, the words "operated by" must immediately 
 26.24  precede the name of the permit holder.  The name and address 
 26.25  must be in letters that contrast sharply in color with the 
 26.26  background, be readily legible during daylight hours from a 
 26.27  distance of 50 feet while the vehicle is stationary, and be 
 26.28  maintained in a manner that retains the legibility of the 
 26.29  markings.  The name and address may be shown by use of a 
 26.30  removable device if that device meets the identification and 
 26.31  legibility requirements of this subdivision. 
 26.32     Subd. 3.  [CERTIFICATE CARRIERS; ANNUAL VEHICLE 
 26.33  REGISTRATION.] Certificated passenger carriers shall pay an 
 26.34  annual registration fee of $40 for each vehicle, including 
 26.35  pickup and delivery vehicles, operated during a calendar year.  
 26.36  The commissioner shall issue distinguishing identification cards 
 27.1   as provided in subdivision 2.  
 27.2      Subd. 4.  [CARDS; FEES.] The department may issue to 
 27.3   carriers subject to subdivision 2 or 3 special "floater" 
 27.4   identification cards up to a maximum of five per motor carrier.  
 27.5   Floater cards may be freely transferred between vehicles used 
 27.6   under short-term leases by the motor carrier.  The motor carrier 
 27.7   shall pay a fee of $100 for each floater card issued.  
 27.8      Subd. 5.  [LIMITATION.] The provisions of this section are 
 27.9   limited by applicable federal law. 
 27.10     Subd. 6.  [COURIER SERVICE CARRIERS; IDENTIFICATION CARDS.] 
 27.11  The commissioner shall issue distinct annual identification cab 
 27.12  cards for vehicles that provide courier service under a permit 
 27.13  issued by the board.  A courier service identification cab card 
 27.14  may not be issued for a vehicle that has a gross vehicle weight 
 27.15  in excess of 15,000 pounds. 
 27.16     Subd. 7.  [ARMORED CARRIERS.] The commissioner shall issue 
 27.17  distinct annual identification cards for vehicles that provide 
 27.18  armored carrier service under a permit issued by the board.  No 
 27.19  card may be issued unless the armored carrier submits evidence 
 27.20  that it holds in good standing a protective agent's or private 
 27.21  detective's license under sections 326.338 and 326.3381, 
 27.22  subdivision 1. 
 27.23     Sec. 24.  Minnesota Statutes 1994, section 221.132, is 
 27.24  amended to read: 
 27.25     221.132 [PREPAID TEMPORARY VEHICLE IDENTIFICATION CARDS.] 
 27.26     The commissioner may issue a prepaid temporary vehicle 
 27.27  identification card to a permit or certificate holder subject to 
 27.28  section 221.131, subdivision 2 or 3, for a fee of $5 per card.  
 27.29  The card must be preprinted by the commissioner with the 
 27.30  carrier's name, address, and permit or certificate number.  The 
 27.31  card may be used by the motor carrier to whom it is issued to 
 27.32  identify a vehicle temporarily added to its fleet.  The card 
 27.33  must be executed by the motor carrier by dating and signing the 
 27.34  card and describing the vehicle in which it will be carried.  
 27.35  The identification card is valid for a period of ten days from 
 27.36  the date the motor carrier places on the card when the card is 
 28.1   executed.  The card must be used within one year from the date 
 28.2   of issuance by the commissioner.  The card may not be used if 
 28.3   the permit or certificate is not in full force and effect.  The 
 28.4   card may not be transferred.  The commissioner may not refund 
 28.5   the cost of unused prepaid temporary vehicle identification 
 28.6   cards. 
 28.7      Sec. 25.  Minnesota Statutes 1994, section 299A.38, 
 28.8   subdivision 2, is amended to read: 
 28.9      Subd. 2.  [STATE AND LOCAL REIMBURSEMENT.] Peace officers 
 28.10  and heads of local law enforcement agencies who buy vests for 
 28.11  the use of peace officer employees may apply to the commissioner 
 28.12  for reimbursement of funds spent to buy vests.  On approving an 
 28.13  application for reimbursement, the commissioner shall pay the 
 28.14  applicant an amount equal to the lesser of one-third one-half of 
 28.15  the vest's purchase price or $165 $300.  The political 
 28.16  subdivision that employs the peace officer shall pay at least 
 28.17  the lesser of one-third one-half of the vest's purchase price or 
 28.18  $165 $300.  The political subdivision may not deduct or pay its 
 28.19  share of the vest's cost from any clothing, maintenance, or 
 28.20  similar allowance otherwise provided to the peace officer by the 
 28.21  law enforcement agency. 
 28.22     Sec. 26.  Minnesota Statutes 1994, section 299A.44, is 
 28.23  amended to read: 
 28.24     299A.44 [DEATH BENEFIT.] 
 28.25     Subdivision 1.  [PAYMENT REQUIRED.] On certification to the 
 28.26  governor by the commissioner of public safety that a public 
 28.27  safety officer employed within this state has been killed in the 
 28.28  line of duty, leaving a spouse or one or more eligible 
 28.29  dependents, the commissioner of finance shall pay $100,000 from 
 28.30  the public safety officer's benefit account, as follows: 
 28.31     (1) if there is no dependent child, to the spouse; 
 28.32     (2) if there is no spouse, to the dependent child or 
 28.33  children in equal shares; 
 28.34     (3) if there are both a spouse and one or more dependent 
 28.35  children, one-half to the spouse and one-half to the child or 
 28.36  children, in equal shares; 
 29.1      (4) if there is no surviving spouse or dependent child or 
 29.2   children, to the parent or parents dependent for support on the 
 29.3   decedent, in equal shares; or 
 29.4      (5) if there is no surviving spouse, dependent child, or 
 29.5   dependent parent, then no payment may be made from the public 
 29.6   safety officer's benefit fund.  
 29.7      Subd. 2.  [ADJUSTMENT OF BENEFIT.] On October 1 of each 
 29.8   year beginning after the effective date of this subdivision, the 
 29.9   commissioner of public safety shall adjust the level of the 
 29.10  benefit payable immediately before October 1 under subdivision 
 29.11  1, to reflect the annual percentage change in the Consumer Price 
 29.12  Index for all urban consumers, published by the federal Bureau 
 29.13  of Labor Statistics, occurring in the one-year period ending on 
 29.14  June 1 immediately preceding such October 1. 
 29.15     Sec. 27.  Minnesota Statutes 1994, section 299M.03, 
 29.16  subdivision 2, is amended to read: 
 29.17     Subd. 2.  [JOURNEYMAN CERTIFICATE.] A person may not 
 29.18  install, connect, alter, repair, or add to a fire protection 
 29.19  system, under the supervision of a fire protection contractor, 
 29.20  unless annually certified to perform those duties as a 
 29.21  journeyman sprinkler fitter or as a registered apprentice 
 29.22  sprinkler fitter.  This subdivision does not apply to a person 
 29.23  altering or repairing a fire protection system if the system 
 29.24  uses low pressure water and the system is located in a facility 
 29.25  regulated under the federal Mine Occupational Safety and Health 
 29.26  Act. 
 29.27     Sec. 28.  Minnesota Statutes 1994, section 326.12, 
 29.28  subdivision 3, is amended to read: 
 29.29     Subd. 3.  [CERTIFIED SIGNATURE.] Each plan, specification, 
 29.30  plat, report, or other document which under sections 326.02 to 
 29.31  326.15 is prepared by a licensed architect, licensed engineer, 
 29.32  licensed land surveyor, licensed landscape architect, or 
 29.33  certified interior designer must bear the signature of the 
 29.34  licensed or certified person preparing it, or the signature of 
 29.35  the licensed or certified person under whose direct supervision 
 29.36  it was prepared.  Each signature shall be accompanied by a 
 30.1   certification that the signer is licensed under sections 326.02 
 30.2   to 326.15, by the person's license number, and by the date on 
 30.3   which the signature was affixed.  The provisions of this 
 30.4   paragraph shall not apply to documents of an intraoffice or 
 30.5   intracompany nature.  A government agency or local unit of 
 30.6   government need sign and certify only the title page or first 
 30.7   page of a highway construction document that is described in 
 30.8   this subdivision; provided that all other pages must have 
 30.9   printed or stamped on them a facsimile signature and the 
 30.10  information required by this subdivision.  The stamp or printed 
 30.11  signature has the same force and effect as an actual signature. 
 30.12     Sec. 29.  Minnesota Statutes 1994, section 403.11, 
 30.13  subdivision 1, is amended to read: 
 30.14     Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
 30.15  customer of a telephone company or communications carrier that 
 30.16  provides service capable of originating a 911 emergency 
 30.17  telephone call is assessed a fee to cover the costs of ongoing 
 30.18  maintenance and related improvements for trunking and central 
 30.19  office switching equipment for minimum 911 emergency telephone 
 30.20  service, plus administrative and staffing costs of the 
 30.21  department of administration related to managing the 911 
 30.22  emergency telephone service program.  Recurring charges by a 
 30.23  public utility providing telephone service for updating the 
 30.24  information required by section 403.07, subdivision 3, must be 
 30.25  paid by the commissioner of administration if the utility is 
 30.26  included in an approved 911 plan and the charges have been 
 30.27  certified and approved under subdivision 3.  The commissioner of 
 30.28  administration shall transfer an amount equal to two cents a 
 30.29  month from the fee assessed under this section on cellular and 
 30.30  other nonwire access services to the commissioner of public 
 30.31  safety for the purpose of offsetting the costs, including 
 30.32  administrative and staffing costs, incurred by the state patrol 
 30.33  division of the department of public safety in handling 911 
 30.34  emergency calls made from cellular phones.  Money remaining in 
 30.35  the 911 emergency telephone service account after all other 
 30.36  obligations are paid must not cancel and is carried forward to 
 31.1   subsequent years and may be appropriated from time to time to 
 31.2   the commissioner of administration to provide financial 
 31.3   assistance to counties for the improvement of local emergency 
 31.4   telephone services.  The improvements may include providing 
 31.5   access to minimum 911 service for telephone service subscribers 
 31.6   currently without access and upgrading existing 911 service to 
 31.7   include automatic number identification, local location 
 31.8   identification, automatic location identification, and other 
 31.9   improvements specified in revised county 911 plans approved by 
 31.10  the department. 
 31.11     (b) The fee may not be less than eight cents nor more than 
 31.12  30 cents a month for each customer access line or other basic 
 31.13  access service, including trunk equivalents as designated by the 
 31.14  public utilities commission for access charge purposes and 
 31.15  including cellular and other nonwire access services.  The fee 
 31.16  must be the same for all customers.  
 31.17     (c) The fee must be collected by each company or carrier 
 31.18  providing service subject to the fee.  Fees are payable to and 
 31.19  must be submitted to the commissioner of administration monthly 
 31.20  before the 25th of each month following the month of collection, 
 31.21  except that fees may be submitted quarterly if less than $250 a 
 31.22  month is due, or annually if less than $25 a month is due.  
 31.23  Receipts must be deposited in the state treasury and credited to 
 31.24  a 911 emergency telephone service account in the special revenue 
 31.25  fund.  The money in the account may only be used for 911 
 31.26  telephone services as provided in paragraph (a).  
 31.27     (d) The commissioner of administration, with the approval 
 31.28  of the commissioner of finance, shall establish the amount of 
 31.29  the fee within the limits specified and inform the companies and 
 31.30  carriers of the amount to be collected.  Companies and carriers 
 31.31  must be given a minimum of 45 days notice of fee changes. 
 31.32     (e) This subdivision does not apply to customers of a 
 31.33  telecommunications carrier as defined in section 237.01, 
 31.34  subdivision 6. 
 31.35     Sec. 30.  Minnesota Statutes 1994, section 457A.02, 
 31.36  subdivision 2, is amended to read: 
 32.1      Subd. 2.  [COMMISSIONER TO ADMINISTER.] The commissioner 
 32.2   shall administer the port development assistance program to 
 32.3   advance the purposes of subdivision 1.  In administering the 
 32.4   program, the commissioner may: 
 32.5      (1) make grants and loans to persons applicants eligible 
 32.6   under section 457A.03, subdivision 1, to apply for them; 
 32.7      (2) make assistance agreements with recipients of grants 
 32.8   and loans; and 
 32.9      (3) adopt rules authorized by section 457A.05. 
 32.10     Sec. 31.  Minnesota Statutes 1994, section 457A.03, 
 32.11  subdivision 3, is amended to read: 
 32.12     Subd. 3.  [STATE PARTICIPATION; LIMITATIONS.] The 
 32.13  commissioner may not provide any assistance under this chapter 
 32.14  for more than 50 80 percent of the nonfederal share of any 
 32.15  project.  Assistance provided under this chapter may not be used 
 32.16  to match any other state funds.  The commissioner shall not 
 32.17  assume continuing funding responsibility for any commercial 
 32.18  navigation facility project. 
 32.19     Sec. 32.  [REFUNDS.] 
 32.20     A permit or certificate holder under Minnesota Statutes, 
 32.21  chapter 221, who was issued vehicle identification cards under 
 32.22  Minnesota Statutes 1994, section 221.131, between January 1, 
 32.23  1995, and the effective date of this section may apply for a 
 32.24  refund of the fee paid for each such identification card.  The 
 32.25  commissioner of transportation shall provide for the time and 
 32.26  manner of applying for and paying the refund.  The commissioner 
 32.27  shall pay the refund upon verifying the application.  Amounts 
 32.28  necessary to pay refunds under this section are appropriated 
 32.29  from the trunk highway fund to the commissioner.  This section 
 32.30  does not apply to vehicle identification cards issued for 
 32.31  vehicles operated under the authority of a household goods mover 
 32.32  permit or a passenger carrier certificate or permit. 
 32.33     Sec. 33.  [REPEALER.] 
 32.34     Minnesota Statutes 1994, section 457A.01, subdivision 7, is 
 32.35  repealed. 
 32.36     Sec. 34.  [APPLICATION.] 
 33.1      Sections 3 and 11 apply in the counties of Anoka, Carver, 
 33.2   Dakota, Hennepin, Ramsey, Scott, and Washington. 
 33.3      Sec. 35.  [EFFECTIVE DATE.] 
 33.4      Sections 11, 21, 22, 23, 24, 27, 28, and 32 are effective 
 33.5   the day following final enactment.  All other provisions of this 
 33.6   article are effective July 1, 1995.