SF 1276

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to transportation; appropriating money for transportation, Metropolitan
Council, and public safety activities and programs; providing for fund transfers,
contingent appropriations, and tort claims; authorizing sale of trunk highway
bonds; providing for various fees and accounts; authorizing transfers for
transit from metropolitan livable communities fund accounts and right-of-way
acquisition loan fund; clarifying appropriate uses of trunk highway fund;
providing for mitigation of transportation construction impacts on business;
increasing set-aside from municipal state-aid fund for administrative costs;
establishing Stillwater lift bridge endowment account; depositing fees in vehicle
services operating account; modifying fine and surcharge provisions relating to
seat belt violations and providing for primary enforcement; regulating records of
commercial drivers; authorizing use of design-build contracting for high-speed
rail; authorizing Metropolitan Council to levy property tax for transit and
paratransit operations; allowing use of Metropolitan Council transit tax levy for
transit operations; requiring study of extension of high-speed rail line; restricting
imposition of transit fare increase and service cuts; establishing discount transit
passes pilot program; authorizing Metropolitan Council to convey certain real
property including the Apple Valley Transit Station; establishing design-build
pilot program; adding provisions relating to bus purchases, a Mississippi
River crossing near St. Cloud, and highway construction near Rochester;
prohibiting imposition of certain seasonal load restrictions; amending Minnesota
Statutes 2008, sections 160.16, by adding a subdivision; 161.20, subdivision 3;
162.12, subdivision 2; 168.017, subdivision 5; 168.021, subdivision 4; 168.10,
subdivision 1i; 168.29; 168.62, subdivision 3; 169.686, subdivisions 1, 2, by
adding a subdivision; 171.05, subdivision 2b; 171.055, subdivision 2; 174.03,
subdivision 1b; 473.254, subdivision 5; 473.446, subdivision 1; Laws 2007,
chapter 143, article 1, section 3, subdivision 2, as amended; Laws 2008, chapter
152, article 1, sections 3, subdivision 2; 5; proposing coding for new law in
Minnesota Statutes, chapters 161; 165; 171; 174.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

TRANSPORTATION APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 98,385,000 new text end	new text begin $ new text end	new text begin 90,825,000 new text end	new text begin $ new text end	new text begin 189,210,000 new text end
new text begin Airports new text end		new text begin 21,909,000 new text end		new text begin 19,659,000 new text end		new text begin 41,568,000 new text end
new text begin C.S.A.H. new text end		new text begin 496,786,000 new text end		new text begin 524,478,000 new text end		new text begin 1,021,264,000 new text end
new text begin M.S.A.S. new text end		new text begin 134,003,000 new text end		new text begin 141,400,000 new text end		new text begin 275,403,000 new text end
new text begin Special Revenue new text end		new text begin 49,038,000 new text end		new text begin 49,038,000 new text end		new text begin 98,076,000 new text end
new text begin Highway User new text end		new text begin 9,538,000 new text end		new text begin 9,838,000 new text end		new text begin 19,376,000 new text end
new text begin Trunk Highway new text end		new text begin 1,263,803,000 new text end		new text begin 1,371,695,000 new text end		new text begin 2,635,498,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 2,073,462,000 new text end	new text begin $ new text end	new text begin 2,206,933,000 new text end	new text begin $ new text end	new text begin 4,280,395,000 new text end

Sec. 2. new text begin TRANSPORTATION APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin TRANSPORTATION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 1,847,370,000 new text end

new text begin $ new text end

new text begin 1,980,741,000 new text end

new text begin The appropriations in this section are from
the trunk highway fund, except when another
fund is named.
new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 17,787,000 new text end	new text begin 10,227,000 new text end
new text begin Airports new text end	new text begin 21,859,000 new text end	new text begin 19,609,000 new text end
new text begin C.S.A.H. new text end	new text begin 496,786,000 new text end	new text begin 524,478,000 new text end
new text begin M.S.A.S. new text end	new text begin 134,003,000 new text end	new text begin 141,400,000 new text end
new text begin Trunk Highway new text end	new text begin 1,176,935,000 new text end	new text begin 1,285,027,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Multimodal Systems new text end

new text begin (a) Aeronautics new text end

new text begin (1) new text end new text begin Airport Development and Assistance new text end

new text begin 16,548,000 new text end

new text begin 14,298,000 new text end

new text begin This appropriation is from the state
airports fund and must be spent according
to Minnesota Statutes, section 360.305,
subdivision 4.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after appropriation.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
new text end

new text begin If the appropriation for either year does not
exhaust the balance in the state airports fund,
the commissioner of finance, upon request
of the commissioner of transportation,
shall notify the chairs and ranking minority
members of the legislative committees
and divisions with jurisdiction over
transportation finance of the amount of the
remainder and shall then add that amount
to the appropriation. The amount added
is appropriated for the purpose of airport
development and assistance and must be
spent according to Minnesota Statutes,
section 360.305, subdivision 4.
new text end

new text begin (2) new text end new text begin Aviation Support and Services new text end

new text begin Appropriations by Fund new text end
new text begin Airports new text end	new text begin 5,286,000 new text end	new text begin 5,286,000 new text end
new text begin Trunk Highway new text end	new text begin 837,000 new text end	new text begin 837,000 new text end

new text begin $65,000 the first year and $65,000 the second
year from the state airports fund are for the
Civil Air Patrol.
new text end

new text begin (b) Transit new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 17,357,000 new text end	new text begin 9,797,000 new text end
new text begin Trunk Highway new text end	new text begin 775,000 new text end	new text begin 775,000 new text end

new text begin The base appropriation from the general fund
for fiscal year 2012 is $17,357,000.
new text end

new text begin Of these appropriations from the general
fund, $19,300 in each year is for the
administrative expenses of the Minnesota
Council on Transportation Access, and for
other costs relating to the preparation of
required reports, including the costs of hiring
a consultant, if the council is created.
new text end

new text begin (c) Freight new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 365,000 new text end	new text begin 365,000 new text end
new text begin Trunk Highway new text end	new text begin 4,897,000 new text end	new text begin 4,897,000 new text end

new text begin The commissioner of transportation shall
enter into an agreement to either forgive
any money due (approximately $2,851,118)
on loan agreements 65572 and 67106 or
convert the loans to grants. The loans were
made to the Buffalo Ridge Regional Railroad
Authority, which was established by Rock
and Nobles Counties, to enable the counties
to purchase and rehabilitate 41.4 miles of rail
line providing transportation service to the
counties. The agreement must ensure that all
terms, provisions, and conditions of the loan
agreements are deemed to be fully satisfied
and performed on the part of the railroad
authority and counties. If the railroad
authority sells all or any part of the rail line
that has been rehabilitated with either of the
loans, the railroad authority must pay the
net proceeds to the commissioner, up to the
amount loaned.
new text end

new text begin Subd. 3. new text end new text begin State Roads new text end

new text begin (a) Infrastructure Investment and Planning new text end

new text begin (1) new text end new text begin Infrastructure Investment Support new text end

new text begin 205,988,000 new text end

new text begin 205,988,000 new text end

new text begin $266,000 the first year and $266,000 the
second year are available for grants to
metropolitan planning organizations outside
the seven-county metropolitan area.
new text end

new text begin $75,000 the first year and $75,000 the
second year are for a transportation research
contingent account to finance research
projects that are reimbursable from the
federal government or from other sources.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
new text end

new text begin $600,000 the first year and $600,000
the second year are available for grants
for transportation studies outside the
metropolitan area to identify critical
concerns, problems, and issues. These grants
are available (1) to regional development
commissions and (2) in regions where
no regional development commission
is functioning, to joint powers boards
established under agreement of two or
more political subdivisions in the region to
exercise the planning functions of a regional
development commission, and (3) in regions
where no regional development commission
or joint powers board is functioning, to the
department's district office for that region.
new text end

new text begin (2) new text end new text begin State Road Construction new text end

new text begin 541,300,000 new text end

new text begin 578,700,000 new text end

new text begin The base for this appropriation for fiscal year
2012 is $635,000,000.
new text end

new text begin It is estimated that these appropriations will
be funded as follows:
new text end

new text begin Appropriations by Fund new text end
new text begin Federal Highway Aid new text end	new text begin 301,100,000 new text end	new text begin 388,500,000 new text end
new text begin Highway User Taxes new text end	new text begin 240,200,000 new text end	new text begin 190,200,000 new text end

new text begin The commissioner shall expend up to
one-half of one percent of the federal
appropriations under this paragraph as grants
to opportunity industrialization centers and
other nonprofit job training centers for
job training programs related to highway
construction.
new text end

new text begin The commissioner of transportation shall
notify the chair of the Transportation Budget
Division of the senate and the chair of the
Transportation Finance Division of the house
of representatives of any significant events
that should cause these estimates to change.
new text end

new text begin This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways, including
design-build contracts and consultant usage
to support these activities. This includes the
cost of actual payment to landowners for
lands acquired for highway rights-of-way,
payment to lessees, interest subsidies, and
relocation expenses.
new text end

new text begin The commissioner may transfer up to
$15,000,000 each year to the transportation
revolving loan fund.
new text end

new text begin The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts are
appropriated to the commissioner for these
projects.
new text end

new text begin (3) new text end new text begin Highway Debt Service new text end

new text begin 100,884,000 new text end

new text begin 171,576,000 new text end

new text begin $86,231,000 the first year and $155,480,000
the second year are for transfer to the state
bond fund. If this appropriation is insufficient
to make all transfers required in the year for
which it is made, the commissioner of finance
shall notify the Committee on Finance of
the senate and the Committee on Ways and
Means of the house of representatives of
the amount of the deficiency and shall then
transfer that amount under the statutory open
appropriation. Any excess appropriation
cancels to the trunk highway fund.
new text end

new text begin (b) Infrastructure Operations and Maintenance new text end

new text begin 254,895,000 new text end

new text begin 254,895,000 new text end

new text begin (c) Electronic Communications new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 9,000 new text end	new text begin 9,000 new text end
new text begin Trunk Highway new text end	new text begin 5,168,000 new text end	new text begin 5,168,000 new text end

new text begin The general fund appropriation is to equip
and operate the Roosevelt signal tower for
Lake of the Woods weather broadcasting.
new text end

new text begin Subd. 4. new text end new text begin Local Roads new text end

new text begin (a) County State Aids new text end

new text begin 496,786,000 new text end

new text begin 524,478,000 new text end

new text begin This appropriation is from the county
state-aid highway fund and is available until
spent.
new text end

new text begin (b) Municipal State Aids new text end

new text begin 134,003,000 new text end

new text begin 141,400,000 new text end

new text begin This appropriation is from the municipal
state-aid street fund and is available until
spent.
new text end

new text begin If an appropriation for either county state
aids or municipal state aids does not exhaust
the balance in the fund from which it is
made in the year for which it is made, the
commissioner of finance, upon request of
the commissioner of transportation, shall
notify the chair of the Transportation Finance
Division of the house of representatives
and the chair of the Transportation Budget
Division of the senate of the amount of the
remainder and shall then add that amount
to the appropriation. The amount added is
appropriated for the purposes of county state
aids or municipal state aids, as appropriate.
new text end

new text begin If the appropriation for either county state
aids or municipal state aids does exhaust
the balance in the fund from which it is
made in the year for which it is made, the
commissioner of finance shall notify the chair
of the Transportation Finance Division of the
house of representatives and the chair of the
Transportation Budget Division of the senate
of the amount by which the appropriation
exceeds the balance and shall then reduce
that amount from the appropriation.
new text end

new text begin Subd. 5. new text end new text begin General Support and Services new text end

new text begin (a) Department Support new text end

new text begin Appropriations by Fund new text end
new text begin Airports new text end	new text begin 25,000 new text end	new text begin 25,000 new text end
new text begin Trunk Highway new text end	new text begin 44,407,000 new text end	new text begin 44,407,000 new text end

new text begin (b) Buildings new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 56,000 new text end	new text begin 56,000 new text end
new text begin Trunk Highway new text end	new text begin 17,784,000 new text end	new text begin 17,784,000 new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
new text end

new text begin Subd. 6. new text end new text begin Transfers new text end

new text begin (a) With the approval of the commissioner of
finance, the commissioner of transportation
may transfer unencumbered balances among
the appropriations from the trunk highway
fund and the state airports fund made in this
section. No transfer may be made from the
appropriation for state road construction. No
transfer may be made from the appropriations
for debt service to any other appropriation.
Transfers under this paragraph may not be
made between funds. Transfers between
programs must be reported immediately
to the chair of the Transportation Budget
Division of the senate and the chair of the
Transportation Finance Division of the house
of representatives.
new text end

new text begin (b) The commissioner of finance shall
transfer from the flexible account in the
county state-aid highway fund $8,440,000
the first year and $1,550,000 the second
year to the municipal turnback account in
the municipal state-aid street fund; and the
remainder in each year to the county turnback
account in the county state-aid highway fund.
new text end

new text begin Subd. 7. new text end new text begin Use of State Road Construction Appropriations new text end

new text begin Any money appropriated to the commissioner
of transportation for state road construction
for any fiscal year before fiscal year 2010 is
available to the commissioner during fiscal
years 2010 and 2011 to the extent that the
commissioner spends the money on the
state road construction project for which the
money was originally encumbered during the
fiscal year for which it was appropriated. The
commissioner of transportation shall report
to the commissioner of finance by August
1, 2009, and August 1, 2010, on a form
the commissioner of finance provides, on
expenditures made during the previous fiscal
year that are authorized by this subdivision.
new text end

new text begin The commissioner must allocate money
appropriated in this section so as to maximize
the use of all available federal money from
the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, and to the
extent possible, any other federal funding.
new text end

new text begin Subd. 8. new text end new text begin Contingent Appropriation new text end

new text begin The commissioner of transportation, with
the approval of the governor and the written
approval of at least five members of a
group consisting of: (1) the members of the
Legislative Advisory Commission under
Minnesota Statutes, section 3.30; and (2) the
ranking minority members of the house of
representatives and senate committees with
jurisdiction over transportation finance, may
transfer all or part of the unappropriated
balance in the trunk highway fund to an
appropriation (1) for trunk highway design,
construction, or inspection in order to
take advantage of an unanticipated receipt
of income to the trunk highway fund or
to take advantage of federal advanced
construction funding, (2) for trunk highway
maintenance in order to meet an emergency,
or (3) to pay tort or environmental claims.
Nothing in this subdivision authorizes the
commissioner to increase the use of federal
advanced construction funding beyond
amounts specifically authorized. Any
transfer as a result of the use of federal
advanced construction funding must include
an analysis of the effects on the long-term
trunk highway fund balance. The amount
transferred is appropriated for the purpose of
the account to which it is transferred.
new text end

new text begin Subd. 9. new text end new text begin Use of Trunk Highway Fund new text end

new text begin No transfer or expenditure of trunk highway
funds may be made for the purpose of paying
personnel costs incurred on behalf of the
Governor's Office.
new text end

new text begin Subd. 10. new text end new text begin Disadvantaged Business Enterprise Program new text end

new text begin The commissioner shall, in utilizing these
appropriations, comply in all respects
with Minnesota Statutes, section 174.03,
subdivision 11, regarding the disadvantaged
business enterprise program, including, but
not limited to, the setting of disadvantaged
business enterprise project goals and
inclusion of sanctions in each contract for
failure to meet established goals.
new text end

Sec. 4. new text begin METROPOLITAN COUNCIL new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 72,639,000 new text end

new text begin $ new text end

new text begin 72,639,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Bus Transit new text end

new text begin 67,346,000 new text end

new text begin 67,346,000 new text end

new text begin This appropriation is for bus system
operations.
new text end

new text begin Of this amount, $80,700 in each year is for
the administrative expenses of the Minnesota
Council on Transportation Access, and for
other costs relating to the preparation of
required reports, including the costs of hiring
a consultant, if the council is created.
new text end

new text begin Subd. 3. new text end new text begin Rail Operations new text end

new text begin 5,293,000 new text end

new text begin 5,293,000 new text end

Sec. 5. new text begin PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 152,478,000 new text end

new text begin $ new text end

new text begin 152,578,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 7,959,000 new text end	new text begin 7,959,000 new text end
new text begin Trunk Highway new text end	new text begin 86,068,000 new text end	new text begin 85,868,000 new text end
new text begin Highway User new text end	new text begin 9,413,000 new text end	new text begin 9,713,000 new text end
new text begin Special Revenue new text end	new text begin 49,038,000 new text end	new text begin 49,038,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Administration and Related Services new text end

new text begin (a) Office of Communications new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 41,000 new text end	new text begin 41,000 new text end
new text begin Trunk Highway new text end	new text begin 393,000 new text end	new text begin 393,000 new text end

new text begin (b) Public Safety Support new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 3,296,000 new text end	new text begin 3,296,000 new text end
new text begin Trunk Highway new text end	new text begin 3,506,000 new text end	new text begin 3,506,000 new text end
new text begin Highway User new text end	new text begin 1,366,000 new text end	new text begin 1,366,000 new text end

new text begin $380,000 the first year and $380,000 the
second year are for payment of public
safety officer survivor benefits under
Minnesota Statutes, section 299A.44. If the
appropriation for either year is insufficient,
the appropriation for the other year is
available for it.
new text end

new text begin $1,367,000 the first year and $1,367,000
the second year are to be deposited in the
public safety officer's benefit account. This
money is available for reimbursements under
Minnesota Statutes, section 299A.465.
new text end

new text begin $508,000 the first year and $508,000
the second year are for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38.
new text end

new text begin $792,000 the first year and $792,000
the second year are appropriated from the
general fund for transfer by the commissioner
of finance to the trunk highway fund on
December 31, 2009, and December 31, 2010,
respectively, in order to reimburse the trunk
highway fund for expenses not related to the
fund. These represent amounts appropriated
out of the trunk highway fund for general
fund purposes in the administration and
related services program.
new text end

new text begin $610,000 the first year and $610,000 the
second year are appropriated from the
highway user tax distribution fund for
transfer by the commissioner of finance to
the trunk highway fund on December 31,
2009, and December 31, 2010, respectively,
in order to reimburse the trunk highway
fund for expenses not related to the fund.
These represent amounts appropriated out
of the trunk highway fund for highway
user tax distribution fund purposes in the
administration and related services program.
new text end

new text begin $716,000 the first year and $716,000 the
second year are appropriated from the
highway user tax distribution fund for
transfer by the commissioner of finance to
the general fund on December 31, 2009, and
December 31, 2010, respectively, in order to
reimburse the general fund for expenses not
related to the fund. These represent amounts
appropriated out of the general fund for
operation of the criminal justice data network
related to driver and motor vehicle licensing.
new text end

new text begin (c) Technical Support Services new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,472,000 new text end	new text begin 1,472,000 new text end
new text begin Trunk Highway new text end	new text begin 2,344,000 new text end	new text begin 2,344,000 new text end
new text begin Highway User new text end	new text begin 19,000 new text end	new text begin 19,000 new text end

new text begin Subd. 3. new text end new text begin State Patrol new text end

new text begin (a) Patrolling Highways new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 37,000 new text end	new text begin 37,000 new text end
new text begin Trunk Highway new text end	new text begin 71,393,000 new text end	new text begin 71,393,000 new text end
new text begin Highway User new text end	new text begin 92,000 new text end	new text begin 92,000 new text end

new text begin (b) Commercial Vehicle Enforcement new text end

new text begin 7,996,000 new text end

new text begin 7,796,000 new text end

new text begin This appropriation is from the trunk highway
fund. $800,000 the first year and $600,000
the second year are for the Office of Pupil
Transportation Safety.
new text end

new text begin (c) Capitol Security new text end

new text begin 3,113,000 new text end

new text begin 3,113,000 new text end

new text begin The commissioner may not: (1) spend any
money from the trunk highway fund for
Capitol security; or (2) permanently transfer
any state trooper from the patrolling of
highway activity to Capitol security. The
commissioner may not transfer any money:
(1) appropriated for Department of Public
Safety administration, the patrolling of
highways, commercial vehicle enforcement,
or driver and vehicle services to Capitol
security; or (2) from Capitol security.
new text end

new text begin Subd. 4. new text end new text begin Driver and Vehicle Services new text end

new text begin (a) Vehicle Services new text end

new text begin Appropriations by Fund new text end
new text begin Highway User new text end	new text begin 7,936,000 new text end	new text begin 8,236,000 new text end
new text begin Special Revenue new text end	new text begin 18,973,000 new text end	new text begin 18,973,000 new text end

new text begin The special revenue fund appropriation is
from the vehicle services operating account.
new text end

new text begin (b) Driver Services new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 28,711,000 new text end	new text begin 28,711,000 new text end
new text begin Trunk Highway new text end	new text begin 1,000 new text end	new text begin 1,000 new text end

new text begin The special revenue fund appropriation is
from the driver services operating account.
new text end

new text begin Subd. 5. new text end new text begin Traffic Safety new text end

new text begin 435,000 new text end

new text begin 435,000 new text end

new text begin This appropriation is from the trunk highway
fund.
new text end

new text begin The commissioner of public safety shall
spend 50 percent of the money available
to the state under Public Law 105-206,
section 164, and the remaining 50 percent
must be transferred to the commissioner
of transportation for hazard elimination
activities under United States Code, title 23,
section 152.
new text end

new text begin Subd. 6. new text end new text begin Pipeline Safety new text end

new text begin 1,354,000 new text end

new text begin 1,354,000 new text end

new text begin This appropriation is from the pipeline safety
account in the special revenue fund.
new text end

new text begin Subd. 7. new text end new text begin Use of Trunk Highway Fund new text end

new text begin No transfer or expenditure of trunk highway
funds may be made for the purpose of paying
personnel costs incurred on behalf of the
Governor's Office.
new text end

Sec. 6. new text begin GENERAL CONTINGENT ACCOUNTS new text end

new text begin $ new text end

new text begin 375,000 new text end

new text begin $ new text end

new text begin 375,000 new text end

new text begin Appropriations by Fund new text end
new text begin Trunk Highway new text end	new text begin 200,000 new text end	new text begin 200,000 new text end
new text begin Highway User new text end	new text begin 125,000 new text end	new text begin 125,000 new text end
new text begin Airports new text end	new text begin 50,000 new text end	new text begin 50,000 new text end

new text begin The appropriations in this section may
only be spent with the approval of the
governor and the written approval of at least
five members of a group consisting of (1)
the members of the Legislative Advisory
Commission under Minnesota Statutes,
section 3.30, and (2) the ranking minority
members of the house of representatives and
senate committees with jurisdiction over
transportation finance.
new text end

new text begin If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.
new text end

Sec. 7. new text begin TORT CLAIMS new text end

new text begin $ new text end

new text begin 600,000 new text end

new text begin $ new text end

new text begin 600,000 new text end

new text begin To be spent by the commissioner of finance.
new text end

new text begin This appropriation is from the trunk highway
fund.
new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
new text end

Sec. 8.

Laws 2007, chapter 143, article 1, section 3, subdivision 2, as amended by
Laws 2008, chapter 363, article 11, section 10, is amended to read:

Subd. 2. Multimodal Systems

(a) Aeronautics

(1) Airport Development and Assistance

20,298,000

5,298,000

This appropriation is from the state airports
fund and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4.

$6,000,000 the first year is a onetime
appropriation and does not add to the
base appropriations. The base for this
appropriation for fiscal year 2010 is
$14,298,000.

Of this appropriation $200,000 the first
year is to the Legislative Coordinating
Commission for the administrative expenses
of the Airport Funding Advisory Task Force
and for other costs relating to the preparation
of the task force report, including the costs of
hiring a consultant, if needed. Any remaining
amount of this appropriation shall revert to
the state airports fund.

Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after appropriation.

If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.

(2) Aviation Support and Services

Appropriations by Fund
Airports	5,184,000	5,286,000
Trunk Highway	852,000	866,000

$65,000 the first year and $65,000 the second
year from the state airports fund are for the
Civil Air Patrol.

(b) Transit

Appropriations by Fund
General	18,813,000	deleted text begin 18,816,000 deleted text end new text begin 26,376,000 new text end
Trunk Highway	740,000	761,000

new text begin Of the appropriation in fiscal year 2009,
$7,560,000 may be expended for financial
assistance under Minnesota Statutes, section
174.24, notwithstanding the payment
schedule under Minnesota Statutes, section
174.24, subdivision 5.
new text end

(c) Freight

Appropriations by Fund
General	357,000	367,000
Trunk Highway	5,028,000	5,158,000

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Laws 2008, chapter 152, article 1, section 5, is amended to read:

Sec. 5. APPROPRIATION; TRANSPORTATION EMERGENCY RELIEF.

$55,000,000 in fiscal year 2008 and deleted text begin $77,000,000 deleted text end new text begin $33,000,000 new text end in fiscal year 2009
are appropriated to the commissioner of transportation from the trunk highway fund for
the purposes specified in the federal grants and aids related to the I-35W bridge collapse
on marked Interstate Highway I-35W in Minneapolis. The appropriation in fiscal year
2009 is available for other trunk highway construction projects. This appropriation is in
addition to appropriations under Laws 2007, chapter 143, article 1, section 3, and Laws
2007, First Special Session chapter 2, article 2, section 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text begin METROPOLITAN LIVABLE COMMUNITIES FUND; TRANSFERS.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 473.25 to 473.255, or any other law,
the Metropolitan Council may transfer to its transit operating budget in 2009, 2010, and
2011 money that is not committed to grant or loan awards made by the council as follows:
new text end

new text begin (1) up to 50 percent of the revenues and amounts credited, transferred, or distributed
to the tax base revitalization account in 2009, 2010, and 2011, pursuant to Minnesota
Statutes, section 473.252;
new text end

new text begin (2) up to 50 percent of the revenues and amounts credited, transferred, or distributed
to the metropolitan livable communities demonstration account in 2009, 2010, and 2011
pursuant to Minnesota Statutes, section 473.253; and
new text end

new text begin (3) balances in the metropolitan livable communities fund accounts in 2009, 2010,
and 2011.
new text end

new text begin The council shall use the amounts transferred to cover operating deficits for the
transit, paratransit, and light rail and commuter rail services provided or assisted by the
council under Minnesota Statutes, sections 473.371 to 473.449. If the council transfers
funds pursuant to this section, the council shall amend the annual distribution plan
described in Minnesota Statutes, section 473.25, paragraph (d), and include information
about the transfer in the annual report required under Minnesota Statutes, section 473.25,
paragraph (e).
new text end

Sec. 11. new text begin RIGHT-OF-WAY ACQUISITION LOAN FUND; TRANSFERS.
new text end

new text begin Notwithstanding Minnesota Statutes, section 473.167, or any other law, the
Metropolitan Council may transfer to its transit operating budget in 2009, 2010, and
2011 up to 50 percent of the amounts levied and collected in 2009, 2010, and 2011
under Minnesota Statutes, section 473.167, subdivision 3. The council shall use the
amounts transferred to cover operating deficits for the transit, paratransit, and light rail
and commuter rail services provided or assisted by the council under Minnesota Statutes,
sections 473.371 to 473.449.
new text end

Sec. 12. new text begin TAX LEVY; METROPOLITAN TRANSIT OPERATIONS.
new text end

new text begin Of the revenue collected by Metropolitan Council under Minnesota Statutes, section
473.249, $2,500,000 in fiscal year 2010 and $2,500,000 in fiscal year 2011 must be used
for metropolitan bus transit operations.
new text end

Sec. 13. new text begin METROPOLITAN TRANSIT OPERATIONS DEFICIENCY.
new text end

new text begin (a) The Metropolitan Council shall use the maximum feasible and allowable
amount of federal funds available under the American Recovery and Reinvestment Act
of 2009 for metropolitan transit preventive maintenance and capital cost of contracting,
providing that this provision does not violate any guidelines of the American Recovery
and Reinvestment Act of 2009.
new text end

new text begin (b) The Metropolitan Council shall seek to maximize administrative efficiencies in
transit operations and apply any related monetary savings to bus transit operations in
fiscal years 2010 and 2011.
new text end

new text begin (c) The Metropolitan Council shall use the maximum feasible amount of its reserve
funds for bus transit operations in fiscal years 2010 and 2011.
new text end

new text begin (d) The Metropolitan Council shall equitably reduce assistance to other regional
transit systems within the metropolitan area in an amount that reflects any decline in motor
vehicle sales tax revenue deposited in the metropolitan area transit account.
new text end

ARTICLE 2

TRUNK HIGHWAY BONDS

Section 1. new text begin HIGHWAY APPROPRIATION AND BOND SALE.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $20,000,000 is appropriated from the bond proceeds
account in the trunk highway fund to the commissioner of transportation for construction
of interchanges involving a trunk highway, where the interchange will promote economic
development, increase employment, relieve growing traffic congestion, and promote traffic
safety. The amount under this paragraph must be allocated 50 percent to the department's
metropolitan district, and 50 percent to districts in greater Minnesota. This amount is in
addition to existing appropriations for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in subdivision 1 from the
bond proceeds account in the trunk highway fund, the commissioner of finance shall sell
and issue bonds of the state in an amount up to $20,000,000 in the manner, upon the terms,
and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and
by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts
requested by the commissioner of transportation. The proceeds of the bonds, except
accrued interest and any premium received from the sale of the bonds, must be deposited
in the bond proceeds account in the trunk highway fund.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 3

TRANSPORTATION FINANCE

Section 1.

Minnesota Statutes 2008, section 160.16, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Business signs. new text end

new text begin A road or transit authority, before entering into a contract
for construction, reconstruction, or improvement of a street or highway, shall identify any
business that will experience access, parking, or visibility impacts during construction.
The road or transit authority shall consult with affected businesses before and during
construction to plan signage that will mitigate adverse effects on businesses during
project construction.
new text end

Sec. 2.

Minnesota Statutes 2008, section 161.20, subdivision 3, is amended to read:

Subd. 3.

Trunk highway fund appropriations.

The commissioner may expend
trunk highway funds only for trunk highway purposes. Payment of expenses related
to Bureau of Criminal Apprehension laboratory, Explore Minnesota Tourism kiosks,
Minnesota Safety Council, tort claims, driver education programs, Emergency Medical
Services Board, and Mississippi River Parkway Commission new text begin , and personnel costs incurred
on behalf of the Governor's Office new text end do not further a highway purpose and do not aid in the
construction, improvement, or maintenance of the highway system.

Sec. 3.

new text begin [161.2415] MITIGATION OF TRANSPORTATION CONSTRUCTION
IMPACTS ON BUSINESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "project" means road
work to maintain, construct, or improve a street or highway, or for a transit improvement,
if the work is anticipated by the road or transit authority to impair road access to one or
more business establishments for a minimum period of one month.
new text end

new text begin Subd. 2. new text end

new text begin Business liaison. new text end

new text begin (a) Before the beginning of project construction work,
the road or transit authority shall identify businesses that are adjacent to the construction
area or whose access to the business premises or parking will be impaired by the project
and designate an individual to serve as business liaison between the road or transit
authority and the affected businesses.
new text end

new text begin (b) The business liaison shall provide information to the identified businesses,
before and during construction, concerning project duration and timetables, lane and
road closures, detours, access impacts, customer parking impacts, visibility, noise, dust,
vibration, and public participation opportunities.
new text end

Sec. 4.

Minnesota Statutes 2008, section 162.12, subdivision 2, is amended to read:

Subd. 2.

Administrative costs.

A sum of deleted text begin 1-1/2 deleted text end new text begin two new text end percent shall be deducted from
the total available in the municipal state-aid street fund, set aside in a separate account,
and used for administration costs incurred by the state Transportation Department in
carrying out the provisions relating to the municipal state-aid street system.

Sec. 5.

new text begin [165.15] STILLWATER LIFT BRIDGE ENDOWMENT ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin The Stillwater lift bridge endowment account
is established in the state treasury. The account may consist of appropriations made by the
state of Minnesota or Wisconsin and may include federal funds. The account may also
receive private contributions, gifts, or grants under section 16A.013. Any interest or profit
accruing from investment of these sums is credited to the account.
new text end

new text begin Subd. 2. new text end

new text begin Use of funds. new text end

new text begin (a) Income derived from the investment of principal in the
account may be used by the commissioner of transportation for operations and routine
maintenance of the Stillwater lift bridge. No money from this account may be used for
any purposes except those described in this section, and no money from this account
may be transferred to any other account in the state treasury without specific legislative
authorization. Any money transferred from the trunk highway fund may only be used for
trunk highway purposes. For the purposes of this section:
new text end

new text begin (1) "Income" is the amount of interest on debt securities and dividends on equity
securities. Any gains or losses from the sale of securities must be added to the principal
of the account.
new text end

new text begin (2) "Routine maintenance" means activities that are predictable and repetitive, but
not activities that would constitute major repairs or rehabilitation.
new text end

new text begin (b) Investment management fees incurred by the State Board of Investment are
eligible expenses for reimbursement from the account.
new text end

new text begin (c) The commissioner of transportation has authority to approve or deny expenditures
of funds in the account.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation. new text end

new text begin Income derived from the investment of principal in the
account is appropriated annually to the commissioner of transportation for the purposes
described in this section.
new text end

new text begin Subd. 4. new text end

new text begin Financial compliance. new text end

new text begin The commissioner of transportation shall ensure
that the account complies with the regulations in OMB circulars A87, Cost Principles for
State, Local and Indian Tribal Governments, and A122, Cost Principles for Non-Profit
Organizations, of the United States Office of Management and Budget (OMB).
new text end

new text begin Subd. 5. new text end

new text begin Investment. new text end

new text begin The State Board of Investment, in consultation with the
commissioner of transportation, shall invest money in the account under section 11A.24.
new text end

new text begin Subd. 6. new text end

new text begin Demolition. new text end

new text begin If the commissioner determines, in consultation with the
State Historic Preservation Office, that it is necessary to demolish the Stillwater lift
bridge, the principal in the account may be spent to pay for demolition of the bridge, and
is appropriated to the commissioner of transportation only for that purpose, except that
only funds originally contributed by the state or federal government can be used to pay
for demolition. Any money remaining in the account after demolition must be used to
pay for the preservation of other historic bridges in consultation with the State Historic
Preservation Office.
new text end

new text begin Subd. 7. new text end

new text begin Audits. new text end

new text begin The account is subject to audit by the legislative auditor.
new text end

new text begin Subd. 8. new text end

new text begin Reports required. new text end

new text begin The commissioner of transportation shall report
annually to the chair and ranking minority member of each legislative committee with
jurisdiction over transportation on the endowment account. At a minimum, the report
must include detailed revenue and expenditure information.
new text end

Sec. 6.

Minnesota Statutes 2008, section 168.017, subdivision 5, is amended to read:

Subd. 5.

Registration period extension for leased vehicle.

(a) Notwithstanding
subdivisions 3 and 4, a person leasing for at least one year a vehicle registered under
this section may obtain an extension of the motor vehicle's registration period for the
unexpired portion of the lease period, for a period not to exceed 11 months beyond the
expiration of the registration period.

(b) In order to obtain an extension under this subdivision a lessee must

(1) apply to the registrar on a form the registrar prescribes;

(2) submit to the registrar a copy of the lease;

(3) pay an administrative fee of $5; and

(4) pay a tax of 1/12 of the tax for the registration period being extended for each
month of the extension.

(c) On an applicant's compliance with paragraph (b) the registrar shall issue the
applicant a license plate tab or sticker designating the new month of expiration of the
registration. The extended registration expires on the tenth day of the month following
the month designated on the tab or sticker.

(d) All fees collected under paragraph (b), clause (3), must be deposited in the new text begin vehicle
services operating account under section 299A.705, subdivision 1. Taxes collected under
paragraph (b), clause (4), must be deposited in the new text end highway user tax distribution fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2008, section 168.021, subdivision 4, is amended to read:

Subd. 4.

Fees; disposition.

All fees collected from the sale of disability plates
under this section must be deposited in the state treasury to the credit of the deleted text begin highway
user tax distribution fund deleted text end new text begin vehicle services operating account under section 299A.705,
subdivision 1 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2008, section 168.10, subdivision 1i, is amended to read:

Subd. 1i.

Collector plate transfer.

Notwithstanding section 168.12, subdivision 1,
on payment of a transfer fee of $5, plates issued under this section may be transferred to
another vehicle owned or jointly owned by the person to whom the special plates were
issued or the plate may be assigned to another owner. In addition to the transfer fee a new
owner must pay the $25 tax and any fee required by section 168.12, subdivision 2a. The
$5 fee must be paid into the state treasury and credited to the deleted text begin highway user tax distribution
fund deleted text end new text begin vehicle services operating account under section 299A.705, subdivision 1 new text end . License
plates issued under this section may not be transferred to a vehicle not eligible for the
collector's vehicle license plates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2008, section 168.29, is amended to read:

168.29 REPLACEMENT PLATES.

(a) In the event of the defacement, loss or destruction of any number plates or
validation stickers, the registrar, upon receiving and filing a sworn statement of the vehicle
owner, setting forth the circumstances of the defacement, loss, destruction or theft of
the number plates or validation stickers, together with any defaced plates or stickers
and the payment of a fee calculated to cover the cost of replacement, shall issue a new
set of plates or stickers.

(b) The registrar shall then note on the registrar's records the issue of new number
plates and shall proceed in such manner as the registrar may deem advisable to cancel and
call in the original plates so as to insure against their use on another motor vehicle.

(c) Duplicate registration certificates plainly marked as duplicates may be issued
in like cases upon the payment of a $1 fee. Fees collected under this section must be
paid into the state treasury and credited to the deleted text begin highway user tax distribution fund deleted text end new text begin vehicle
services operating account under section 299A.705, subdivision 1 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2008, section 168.62, subdivision 3, is amended to read:

Subd. 3.

Special plates or certificate; fee; proceeds to highway user fund.

At the
same time that an owner or operator of intercity buses registers them in Minnesota and
obtains number plates therefor, the owner or operator shall apply for special identification
plates or certificates for the remainder of that fleet of intercity buses. The registrar of
motor vehicles shall design an appropriate plate or identification certificate for this
purpose which shall be issued upon the payment of a fee of $10 covering each intercity
bus so identified. The proceeds of such fees shall be deposited to the credit of the deleted text begin highway
user tax distribution fund deleted text end new text begin vehicle services operating account under section 299A.705,
subdivision 1 new text end . No intercity bus shall at any time be operated in the state of Minnesota
without either Minnesota number plates or special identification plates or certificates
issued as herein provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2008, section 169.686, subdivision 1, is amended to read:

Subdivision 1.

Seat belt requirement.

(a) new text begin Except as provided in section 169.685, new text end a
properly adjusted and fastened seat belt, including both the shoulder and lap belt when the
vehicle is so equipped, shall be worn by deleted text begin :
deleted text end

deleted text begin (1) deleted text end the driver new text begin and passengers new text end of a passenger vehicle deleted text begin or deleted text end new text begin , new text end commercial motor vehicle new text begin ,
commuter van, as defined in section 168.126, a type III school bus, a type III Head
Start bus, and a vehicle with a gross vehicle weight rating less than 10,000 pounds that
is a pickup truck or van new text end deleted text begin ;
deleted text end

deleted text begin (2) a passenger riding in the front seat of a passenger vehicle or commercial motor
vehicle; and
deleted text end

deleted text begin (3) a passenger riding in any seat of a passenger vehicle who is older than three
but younger than 11 years of age deleted text end .

(b) new text begin Except as provided in section 169.685, new text end a person who is 15 years of age or older
and who violates paragraph (a) deleted text begin , clause (1) or (2), deleted text end is subject to a fine of $25. The driver
of the deleted text begin passenger vehicle or commercial motor deleted text end vehicle in which the violation occurred is
subject to a $25 fine for deleted text begin a deleted text end new text begin each new text end violation of paragraph (a) deleted text begin , clause (2) or (3), deleted text end by new text begin the driver or
by new text end a deleted text begin child of the driver deleted text end new text begin passenger new text end under the age of 15 deleted text begin or any child under the age of 11.
A peace officer may not issue a citation for a violation of this section unless the officer
lawfully stopped or detained the driver of the motor vehicle for a moving violation other
than a violation involving motor vehicle equipment deleted text end new text begin , but the court may not impose more
than one surcharge under section 357.021, subdivision 6, on the driver new text end . The Department of
Public Safety shall not record a violation of this subdivision on a person's driving record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 9, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2008, section 169.686, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section:
new text end

new text begin (a) "Pickup truck" means any truck regardless of manufacturer's nominal rated
carrying capacity and commonly known as a pickup truck.
new text end

new text begin (b) "Van" means any vehicle of a box-like design with no barrier or separation
between the operator's area and the remainder of the cargo-carrying area, or designed
to carry 15 or fewer passengers, including the driver, regardless of the manufacturer's
nominal rated carrying capacity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 9, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2008, section 169.686, subdivision 2, is amended to read:

Subd. 2.

Seat belt exemptions.

This section shall not apply to:

(1) a person driving a passenger vehicle in reverse;

(2) a person riding in a deleted text begin seat deleted text end new text begin vehicle new text end in which all the seating positions equipped with
safety belts are occupied by other persons new text begin in safety belts new text end ;

(3) a person who is in possession of a written certificate from a licensed physician
verifying that because of medical unfitness or physical disability the person is unable
to wear a seat belt;

(4) a person who is actually engaged in work that requires the person to alight from
and reenter a motor vehicle at frequent intervals and who, while engaged in that work,
does not drive or travel in that vehicle at a speed exceeding 25 miles per hour;

(5) a rural mail carrier of the United States Postal Service new text begin or a newspaper delivery
person new text end while in the performance of duties;

(6) a person driving or riding in a passenger vehicle manufactured before January 1,
1965; and

(7) a person driving or riding in a pickup truck, as defined in section 168.002,
subdivision 26, while engaged in normal farming work or activity.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 9, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2008, section 171.05, subdivision 2b, is amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision
applies to persons who have applied for and received an instruction permit under
subdivision 2.

(b) The permit holder may, with the permit in possession, operate a motor vehicle,
but must be accompanied by and be under the supervision of a certified driver education
instructor, the permit holder's parent or guardian, or another licensed driver age 21 or
older. The supervisor must occupy the seat beside the permit holder.

(c) deleted text begin The permit holder may operate a motor vehicle only when every occupant under
the age of 18 has a seat belt or child passenger restraint system properly fastened. A
person who violates this paragraph is subject to a fine of $25. A peace officer may
not issue a citation for a violation of this paragraph unless the officer lawfully stopped
or detained the driver of the motor vehicle for a moving violation as defined in section
171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on
a person's driving record.
deleted text end

deleted text begin (d) deleted text end The permit holder may not operate a vehicle while communicating over, or
otherwise operating, a cellular or wireless telephone, whether handheld or hands free,
when the vehicle is in motion. The permit holder may assert as an affirmative defense that
the violation was made for the sole purpose of obtaining emergency assistance to prevent
a crime about to be committed, or in the reasonable belief that a person's life or safety
was in danger. Violation of this paragraph is a petty misdemeanor subject to section
169.89, subdivision 2.

deleted text begin (e) deleted text end new text begin (d) new text end The permit holder must maintain a driving record free of convictions for
moving violations, as defined in section 171.04, subdivision 1, and free of convictions
for violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If
the permit holder drives a motor vehicle in violation of the law, the commissioner shall
suspend, cancel, or revoke the permit in accordance with the statutory section violated.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 9, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2008, section 171.055, subdivision 2, is amended to read:

Subd. 2.

Use of provisional license.

(a) deleted text begin A provisional license holder may operate a
motor vehicle only when every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.
deleted text end

deleted text begin (b) deleted text end A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the reasonable
belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.

deleted text begin (c) deleted text end new text begin (b) new text end If the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
than one conviction for a moving violation that is not crash related, the person may not be
issued a driver's license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs first.

deleted text begin (d) deleted text end new text begin (c) new text end For the first six months of provisional licensure, a provisional license holder
may not operate a motor vehicle carrying more than one passenger under the age of 20
years who is not a member of the holder's immediate family. For the second six months,
the holder of the license may not operate a motor vehicle that is carrying more than three
passengers who are under the age of 20 years and who are not members of the holder's
immediate family. This paragraph does not apply if the provisional license holder is
accompanied by a parent or guardian.

deleted text begin (e) deleted text end new text begin (d) new text end For the first six months of provisional licensure, a provisional license holder
may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when
the license holder is:

(1) driving between the license holder's home and place of employment;

(2) driving between the license holder's home and a school event for which the
school has not provided transportation;

(3) driving for employment purposes; or

(4) accompanied by a licensed driver at least 25 years of age.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 9, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 16.

new text begin [171.163] COMMERCIAL DRIVER'S LICENSE RECORD KEEPING.
new text end

new text begin An agency, court, or public official in Minnesota shall not mask, defer imposition of
judgment, or allow an individual to enter into a diversion program that would prevent a
conviction for a violation of a state or local traffic control law, except a parking violation,
from appearing on the driving record of a holder of a commercial driver's license, when
the violation is committed in any type of motor vehicle, or on the driving record of an
individual who committed the violation in a commercial motor vehicle.
new text end

Sec. 17.

Minnesota Statutes 2008, section 174.03, subdivision 1b, is amended to read:

Subd. 1b.

Statewide freight and passenger rail plan.

(a) The commissioner
shall develop a comprehensive statewide freight and passenger rail plan to be included
and revised as a part of the statewide transportation plan.

(b) new text begin The plan must include a study of an extension of the high-speed rail line
connecting Chicago, La Crescent, Winona, Red Wing, and the Union Depot Concourse
Multimodal Transit Hub in downtown St. Paul. The extension may connect the Union
Depot Concourse Multimodal Transit Hub in downtown St. Paul with downtown
Minneapolis. The analysis must consider previous rail studies providing passenger service
in this corridor.
new text end

new text begin (c) new text end Before the initial version of the plan is adopted, the commissioner shall provide a
copy for review and comment to the chairs and ranking minority members of the senate
and house of representatives committees with jurisdiction over transportation policy and
finance. Notwithstanding paragraph (a), the commissioner may adopt the next revision
of the statewide transportation plan, scheduled to be completed in calendar year 2009,
prior to completion of the initial version of the comprehensive statewide freight and
passenger rail plan.

Sec. 18.

new text begin [174.638] DESIGN-BUILD CONTRACTING.
new text end

new text begin The commissioner may utilize the design-build method of contracting, under
sections 161.3410 to 161.3428, in connection with the planning, design, development,
and construction of a high-speed passenger rail line connecting Chicago, La Crescent,
Winona, Red Wing, and the Twin Cities.
new text end

Sec. 19.

Minnesota Statutes 2008, section 473.254, subdivision 5, is amended to read:

Subd. 5.

Sources of funds.

(a) The council shall credit to the local housing
incentives account any revenues derived from municipalities under subdivision 4,
paragraph (b), clause (1).

(b) The council shall credit $1,000,000 of the proceeds of solid waste bonds issued
by the council under Minnesota Statutes, section 473.831, before its repeal, to the local
housing incentives account in the metropolitan livable communities fund. In 1998 and each
year thereafter new text begin through 2009 new text end , the council shall credit $1,000,000 of the revenues generated
by the levy authorized in section 473.249 to the local housing incentives account.

(c) In 1997, and each year thereafter new text begin through 2009 new text end , the council shall transfer
$500,000 from the livable communities demonstration account to the local housing
incentives account. new text begin In 2010, and each year thereafter, the council shall transfer $1,500,000
from the livable communities demonstration account to the local housing incentives
account.
new text end

Sec. 20.

Minnesota Statutes 2008, section 473.446, subdivision 1, is amended to read:

Subdivision 1.

Metropolitan area transit tax.

(a) new text begin For purposes of sections 473.405
to 473.449, and the metropolitan transit system, except as otherwise provided in this
subdivision, the council may levy for taxes payable in 2010 through 2013 upon all taxable
property within the metropolitan transit taxing district, defined in subdivision 2, a transit
tax consisting of an amount that must be used for payment of the expenses of operating
transit and paratransit service. The property tax levied by the council under this paragraph
must not exceed the following amount for the years specified:
new text end

new text begin (1) for taxes payable in 2010, the council's property tax levy limitation for transit
and paratransit purposes is equal to $9,000,000;
new text end

new text begin (2) for taxes payable in 2011 through 2013, the product of: (i) the council's property
tax levy limitation for transit and paratransit purposes for the previous year determined
under this subdivision, multiplied by (ii) an index for market valuation changes equal to
the total market valuation of all taxable property located within the metropolitan transit
taxing district for the current taxes payable year divided by the total market valuation of
all taxable property located within the metropolitan transit taxing district for the previous
taxes payable year.
new text end

new text begin (b) new text end For the purposes of sections 473.405 to 473.449 and the metropolitan transit
system, except as otherwise provided in this subdivision, the council shall levy each
year upon all taxable property within the metropolitan area, defined in section 473.121,
subdivision 2, a transit tax consisting of:

(1) an amount necessary to provide full and timely payment of certificates of
indebtedness, bonds, including refunding bonds or other obligations issued or to be issued
under section 473.39 by the council for purposes of acquisition and betterment of property
and other improvements of a capital nature and to which the council has specifically
pledged tax levies under this clause; deleted text begin and deleted text end

(2) an additional amount necessary to provide full and timely payment of certificates
of indebtedness issued by the council, after consultation with the commissioner of finance,
if revenues to the metropolitan area transit fund in the fiscal year in which the indebtedness
is issued increase over those revenues in the previous fiscal year by a percentage less than
the percentage increase for the same period in the revised Consumer Price Index for all
urban consumers for the St. Paul-Minneapolis metropolitan area prepared by the United
States Department of Labor new text begin ; and
new text end

new text begin (3) an additional amount necessary to provide operating assistance for transit. Any
amount levied under this clause (i) may not exceed the amount of unused obligation
authority granted to the council in section 473.39, and (ii) reduces, by the amount levied
for transit operating assistance, the amount of remaining available obligation authority new text end .

deleted text begin (b) deleted text end new text begin (c) new text end Indebtedness to which property taxes have been pledged under paragraph
deleted text begin (a) deleted text end new text begin (b) new text end , clause (2), that is incurred in any fiscal year may not exceed the amount necessary
to make up the difference between (1) the amount that the council received or expects to
receive in that fiscal year from the metropolitan area transit fund and (2) the amount the
council received from that fund in the previous fiscal year multiplied by the percentage
increase for the same period in the revised Consumer Price Index for all urban consumers
for the St. Paul-Minneapolis metropolitan area prepared by the United States Department
of Labor.

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective for taxes levied in 2009 through
2012, payable in 2010 through 2013 only. Paragraph (b) is effective for taxes levied in
2009 and 2010, payable in 2010 and 2011 only.
new text end

Sec. 21.

Laws 2008, chapter 152, article 1, section 3, subdivision 2, is amended to read:

Subd. 2. Multimodal Systems

(a) Transit

0

1,700,000

This appropriation is from the general fund.
This is a onetime appropriation.

(b) Rail

0

250,000

This appropriation is from the general
fund for a grant to the Northstar
Corridor Development Authority to
fund advanced preliminary engineering,
updated environmental documentation,
property appraisals, new text begin park and ride lots, new text end and
negotiations with the railroad to extend
commuter rail service on the Burlington
Northern Santa Fe rail line between Big Lake
and Rice. This is a onetime appropriation
and is available until spent.

(c) Port Development Assistance

0

500,000

This appropriation is from the general fund
for grants under Minnesota Statutes, chapter
457A. Any improvements made with the
proceeds of these grants must be publicly
owned. This is a onetime appropriation.

Sec. 22. new text begin METROPOLITAN COUNCIL TRANSIT.
new text end

new text begin (a) Before July 1, 2011, the Metropolitan Council may not increase fares for
regular-route or metro mobility service over fares charged on December 1, 2008. The
council may not eliminate or substantially reduce regular-route or metro mobility service
that it provided as of December 1, 2008.
new text end

new text begin (b) Notwithstanding paragraph (a), the Metropolitan Council may, on or after July 1,
2010, increase fares for regular-route or metro mobility service, or eliminate or reduce
service, if the council: has levied the maximum allowable amount under Minnesota
Statutes, section 473.446, subdivision 1; and projects an operating deficit for metropolitan
transit for fiscal year 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on June 30, 2011.
new text end

Sec. 23. new text begin BUS PURCHASES.
new text end

new text begin The Metropolitan Council, in preparing bid specifications for bus purchases, shall
ensure that the specifications conform, to the greatest extent practicable, with products
that are manufactured in this state.
new text end

Sec. 24. new text begin ST. CLOUD BRIDGE SITE.
new text end

new text begin The commissioner of transportation shall ensure that the economic impact on
existing area communities is evaluated and considered in analyzing potential alternative
sites and selecting potential and preferred sites for a Mississippi River crossing near St.
Cloud metropolitan area.
new text end

Sec. 25. new text begin CONVEYANCE OF LAND AND BUILDINGS.
new text end

new text begin Notwithstanding Minnesota Statutes, section 16A.695, subdivision 3, or any other
law to the contrary, the Metropolitan Council shall convey the Apple Valley Transit
Station and the real property on which it is situated, located in Dakota County, to the
Minnesota Valley Transit Authority for nominal consideration, in order to carry out the
governmental program and public purpose for which the Apple Valley Transit Station was
constructed. Any subsequent conveyance of this property by the Minnesota Valley Transit
Authority is subject to Minnesota Statutes, section 16A.695, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26. new text begin DISCOUNT TRANSIT PASSES PILOT PROGRAM.
new text end

new text begin (a) The Metropolitan Council shall establish a pilot program and policies to sell
transit fare media at a 50 percent discount to eligible charitable organizations for use by
homeless individuals. For the purposes of this section, "eligible charitable organization"
means a charitable organization described in section 501(c)(3) of the Internal Revenue
Code that provides services for homeless individuals, and "homeless individuals" means
homeless individuals or persons as defined in Minnesota Statutes, section 116L.361,
subdivision 5. There is no limit on the number of passes that an eligible charitable
organization participating in the pilot program may purchase under this section. The pilot
program shall be limited to no more than 20 charitable organizations and must include:
(1) an organization located in Minneapolis that provides a homeless shelter, a homeless
street outreach program, and sober housing to American Indian women recovering from
chemical dependency; and (2) an organization located in Minneapolis that provides
transitional apartments for homeless families as well as walk-in services for single adults,
including meals and a food shelf. The pilot program shall terminate March 15, 2010.
new text end

new text begin (b) By January 15, 2010, the chair of the Metropolitan Council shall prepare and
submit a report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over transportation. The chair shall prepare
and submit the report with existing agency staff and resources. The report must be made
electronically and available in print only upon request. The report on the pilot program
must include a list of sales made under this subdivision, including organization name and
the volume of fare media purchased, and costs of providing the discounted service and
revenue impacts in the council's transit system. The report must be prepared in consultation
with representatives from the charitable organizations participating in the pilot program.
new text end

new text begin (c) Paragraphs (a) and (b) apply in the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2009.
new text end

Sec. 27. new text begin ADJUSTMENT OF TRANSFER AND LEVY AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Property tax levy adjustment. new text end

new text begin If, based on the November 2009
state budget forecast, motor vehicle sales tax revenues estimated to be available for
metropolitan transit operations under Minnesota Statutes, section 297B.09, exceed
$270,000,000 for the fiscal year 2010 and 2011 biennium, the levy amount authorized
under section 16, paragraph (a), is reduced by the amount that the estimated motor vehicle
sales tax biennial revenues exceed $270,000,000, provided that the maximum levy amount
cannot be less than zero.
new text end

new text begin Subd. 2. new text end

new text begin Transfer authority adjustment. new text end

new text begin If, based on the November 2009
state budget forecast, motor vehicle sales tax revenues estimated to be available for
metropolitan transit operations under Minnesota Statutes, section 297B.09, exceed
$279,000,000 for the fiscal year 2010 and 2011 biennium, the maximum amount that may
be transferred from the metropolitan livable communities fund accounts under article
1, section 10, is reduced by an amount by which the estimated motor vehicle sales tax
biennial revenues exceed $279,000,000.
new text end

Sec. 28. new text begin HIGHWAY CONSTRUCTION IN ROCHESTER.
new text end

new text begin The commissioner of transportation shall proceed without delay to issue to the
city of Rochester the necessary permits that allow the city to complete the construction
of a new interchange at marked Trunk Highway 52 and 65th Street NW in the city of
Rochester. The commissioner shall review the environmental documentation prepared
by the city in a timely manner and shall issue the necessary construction permits without
delay upon the issuance of a finding of no significant impact. The city of Rochester shall
be responsible for up to $5,000,000 of the cost of the design, right-of-way acquisition, and
construction for the 65th Street NW Interchange.
new text end

Sec. 29. new text begin DESIGN-BUILD CONTRACTING PILOT PROGRAM.
new text end

new text begin The commissioner of transportation shall conduct a design-build contracting pilot
program to select local transportation projects for participation in the program, to conduct
information sessions for engineers and contractors, to support and evaluate the use of the
design-build method of contracting by counties and statutory and home rule charter cities
in constructing, improving, and maintaining streets and highways on the state-aid system,
and to report to the legislature.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on October 1, 2012, or upon completion of nine design-build projects under
this pilot program, whichever occurs first.
new text end

Sec. 30. new text begin DESIGN-BUILD PROJECT SELECTION COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment of council. new text end

new text begin A Design-Build Project Selection
Council is established to select, evaluate, and support county and municipal transportation
projects on the state-aid system that are conducive to use of the design-build method of
contracting and to report to the legislature.
new text end

new text begin Subd. 2. new text end

new text begin Duties of council. new text end

new text begin In order to accomplish these purposes, the council shall:
new text end

new text begin (1) review applications for participation received by the commissioner from counties
and cities;
new text end

new text begin (2) select for participation in the pilot program a maximum of 15 projects on the
state-aid system, no more than ten of which may be on the county state-aid highway
system, and no more than ten of which may be on the municipal state-aid street system;
new text end

new text begin (3) determine that the use of design-build in the selected projects would serve the
public interest, after considering, at a minimum:
new text end

new text begin (i) the extent to which the municipality can adequately define the project
requirements in a proposed scope of the design and construction desired;
new text end

new text begin (ii) the time constraints for delivery of the project;
new text end

new text begin (iii) the capability of potential contractors with the design-build method of project
delivery;
new text end

new text begin (iv) the suitability of the project for use of the design-build method of project
delivery with respect to time, schedule, costs, and quality factors;
new text end

new text begin (v) the capability of the municipality to manage the project, including the
employment of experienced personnel or outside consultants; and
new text end

new text begin (vi) the original character of the product or the services;
new text end

new text begin (4) periodically review and evaluate the use of design-build in the selected projects;
and
new text end

new text begin (5) assist the commissioner in preparing a report to the legislature at the conclusion
of the pilot program.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The council is composed of the following members:
new text end

new text begin (1) two contractors, at least one of whom represents a small contracting firm,
selected by the Associated General Contractors, Minnesota chapter;
new text end

new text begin (2) two project designers selected by the American Council of Engineering
Companies, Minnesota chapter;
new text end

new text begin (3) one representative of a metropolitan area county selected by the Association
of Minnesota Counties;
new text end

new text begin (4) one representative of a greater Minnesota county selected by the Association
of Minnesota Counties;
new text end

new text begin (5) one representative of a metropolitan area city selected by the League of
Minnesota Cities;
new text end

new text begin (6) one representative of a greater Minnesota city selected by the League of
Minnesota Cities; and
new text end

new text begin (7) the commissioner of transportation or a designee from the Minnesota Department
of Transportation Division of State Aid for Local Transportation.
new text end

new text begin (b) All appointments required by paragraph (a) must be completed by August
1, 2009.
new text end

new text begin (c) The commissioner or the commissioner's designee shall convene the first meeting
of the council within two weeks after the members have been appointed to the council and
shall serve as chair of the council.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on October 1, 2012, or upon completion of nine design-build projects under
this pilot program, whichever occurs first.
new text end

Sec. 31. new text begin DESIGN-BUILD CONTRACTING PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The following terms have the meanings given:
new text end

new text begin (1) "commissioner" means the commissioner of transportation;
new text end

new text begin (2) "municipality" means a county or statutory or home rule charter city;
new text end

new text begin (3) "design-build contract" means a single contract between a municipality and a
design-build company or firm to furnish the architectural or engineering and related design
services as well as the labor, material, supplies, equipment, and construction services for
the transportation project;
new text end

new text begin (4) "design-build firm" means a proprietorship, partnership, limited liability
partnership, joint venture, corporation, any type of limited liability company, professional
corporation, or any legal entity;
new text end

new text begin (5) "design professional" means a person who holds a license under Minnesota
Statutes, chapter 326B, that is required to be registered under Minnesota law;
new text end

new text begin (6) "design-build transportation project" means the procurement of both the design
and construction of a transportation project in a single contract with a company or
companies capable of providing the necessary engineering services and construction;
new text end

new text begin (7) "design-builder" means the design-build firm that proposes to design and build a
transportation project governed by the procedures of this section;
new text end

new text begin (8) "request for proposals" or "RFP" means the document by which the municipality
solicits proposals from qualified design-build firms to design and construct the
transportation project;
new text end

new text begin (9) "request for qualifications" or "RFQ" means a document to qualify potential
design-build firms; and
new text end

new text begin (10) "responsive proposal" means a technical proposal of which no major component
contradicts the goals of the project, significantly violates an RFP requirement, or places
conditions on a proposal.
new text end

new text begin Subd. 2. new text end

new text begin Licensing requirements. new text end

new text begin (a) Each design-builder shall employ, or have
as a partner, member, officer, coventurer, or subcontractor, a person duly licensed and
registered to provide the design services required to complete the project and do business
in the state.
new text end

new text begin (b) A design-builder may enter into a contract to provide professional or construction
services for a project that the design-builder is not licensed, registered, or qualified to
perform, so long as the design-builder provides those services through subcontractors with
duly licensed, registered, or otherwise qualified individuals in accordance with Minnesota
Statutes, sections 161.3410 to 161.3428.
new text end

new text begin (c) Nothing in this section authorizing design-build contracts is intended to limit or
eliminate the responsibility or liability owed by a professional on a design-build project to
the state, municipality, or other third party under existing law.
new text end

new text begin (d) The design service portion of a design-build contract must be considered a
service and not a product.
new text end

new text begin Subd. 3. new text end

new text begin Information session for municipal engineer. new text end

new text begin After a project is selected
for participation in the design-build contracting pilot program, the commissioner or the
commissioner's designee with design-build experience shall conduct an information
session for the municipality's engineer for each selected project, in which issues unique
to design-build must be discussed, including, but not limited to, writing an RFP, project
oversight requirements, assessing risk, and communication with the design-build firm.
After participation in the information session, the municipality's engineer is qualified to
post the selected project, along with any future design-build project RFP in the pilot
program.
new text end

new text begin Subd. 4. new text end

new text begin Technical Review Committee. new text end

new text begin During the phase one RFQ and before
solicitation, the municipality shall appoint a Technical Review Committee of at least
five individuals. The Technical Review Committee must include an individual whose
name and qualifications are submitted to the municipality by the Minnesota chapter of
the Associated General Contractors, after consultation with other commercial contractor
associations in the state. Members of the Technical Review Committee who are not state
employees are subject to the Minnesota Government Data Practices Act and Minnesota
Statutes, section 16C.06, to the same extent that state agencies are subject to those
provisions. A Technical Review Committee member may not participate in the review or
discussion of responses to the RFQ or RFP when a design-build firm in which the member
has a financial interest has responded to the RFQ or RFP. "Financial interest" includes,
but is not limited to, being or serving as an owner, employee, partner, limited liability
partner, shareholder, joint venturer, family member, officer, or director of a design-build
firm responding to an RFQ or RFP for a specific project, or having any other economic
interest in that design-build firm. The members of the Technical Review Committee must
be treated as municipal employees in the event of litigation resulting from any action
arising out of their service on the committee.
new text end

new text begin Subd. 5. new text end

new text begin Phase one; design-build RFQ. new text end

new text begin The municipality shall prepare an RFQ,
which must include the following:
new text end

new text begin (1) the minimum qualifications of design-builders necessary to meet the requirements
for acceptance;
new text end

new text begin (2) a scope of work statement and schedule;
new text end

new text begin (3) documents defining the project requirements;
new text end

new text begin (4) the form of contract to be awarded;
new text end

new text begin (5) the weighted selection criteria for compiling a short list and the number of firms
to be included in the short list, which must be at least two but not more than five;
new text end

new text begin (6) a description of the request for proposals (RFP) requirements;
new text end

new text begin (7) the maximum time allowed for design and construction;
new text end

new text begin (8) the municipality's estimated cost of design and construction;
new text end

new text begin (9) requirements for construction experience, design experience, financial, personnel,
and equipment resources available from potential design-builders for the project and
experience in other design-build transportation projects or similar projects, provided that
these requirements may not unduly restrict competition; and
new text end

new text begin (10) a statement that "past performance" or "experience" or other criteria used in the
RFQ evaluation process does not include the exercise or assertion of a person's legal rights.
new text end

new text begin Subd. 6. new text end

new text begin Information session for prospective design-build firms. new text end

new text begin After a
design-build project is advertised, any prospective design-build firm shall attend a
design-build information session conducted by the commissioner or the commissioner's
designee with design-build experience. The information must include information about
design-build contracts, including, but not limited to, communication with partner firms,
project oversight requirements, assessing risk, and communication with the municipality's
engineer. After participation in the information session, the design-build firm is eligible to
bid on the design-build project and any future design-build pilot program projects.
new text end

new text begin Subd. 7. new text end

new text begin Evaluation. new text end

new text begin The selection team shall evaluate the design-build
qualifications of responding firms and shall compile a short list of no more than five
most highly qualified firms in accordance with qualifications criteria described in the
RFQ. If only one design-build firm responds to the RFQ or remains on the short list, the
municipality may readvertise or cancel the project as the municipality deems necessary.
new text end

new text begin Subd. 8. new text end

new text begin Phase two; design-build RFP. new text end

new text begin The municipality shall prepare an RFP,
which must include:
new text end

new text begin (1) the scope of work, including (i) performance and technical requirements, (ii)
conceptual design, (iii) specifications, and (iv) functional and operational elements for
the delivery of the completed project, all of which must be prepared by a registered or
licensed professional engineer;
new text end

new text begin (2) copies of the contract documents that the successful proposer will be expected to
sign;
new text end

new text begin (3) the maximum time allowable for design and construction;
new text end

new text begin (4) the road authority's estimated cost of design and construction;
new text end

new text begin (5) the requirement that a submitted proposal be segmented into two parts, a
technical proposal and a price proposal;
new text end

new text begin (6) the requirement that each proposal be in a separately sealed, clearly identified
package and include the date and time of the submittal deadline;
new text end

new text begin (7) the requirement that the technical proposal include a critical path method,
bar schedule of the work to be performed, or similar schematic; preliminary design
plans and specifications; technical reports; calculations; permit requirements; applicable
development fees; and other data requested in the RFP;
new text end

new text begin (8) the requirement that the price proposal contain all design, construction,
engineering, inspection, and construction costs of the proposed project;
new text end

new text begin (9) the date, time, and location of the public opening of the sealed price proposals;
new text end

new text begin (10) the amount of, and eligibility for, a stipulated fee;
new text end

new text begin (11) other information relevant to the project; and
new text end

new text begin (12) a statement that "past performance," "experience," or other criteria used in the
RFP evaluation process does not include the exercise or assertion of a person's legal rights.
new text end

new text begin Subd. 9. new text end

new text begin Design-build award; computation; announcement. new text end

new text begin A design-build
contract shall be awarded as follows:
new text end

new text begin (a) The Technical Review Committee shall score the technical proposals of the
proposers selected under subdivision 7 using the selection criteria in the RFP. The
Technical Review Committee shall then submit a technical proposal score for each
design-builder to the municipality. The Technical Review Committee shall reject any
nonresponsive proposal. The municipality shall review the technical proposal scores.
new text end

new text begin (b) The commissioner or the commissioner's designee shall review the technical
proposal scores. The commissioner shall submit the final technical proposal scores to the
municipality.
new text end

new text begin (c) The municipality shall announce the technical proposal score for each
design-builder and shall publicly open the sealed price proposals and shall divide each
design-builder's price by the technical score that the commissioner has given to it to obtain
an adjusted score. The design-builder selected must be that responsive and responsible
design-builder whose adjusted score is the lowest.
new text end

new text begin (d) If a time factor is included with the selection criteria in the RFP package, the
municipality may use a value of the time factor established by the municipality as a
criterion in the RFP.
new text end

new text begin (e) Unless all proposals are rejected, the municipality shall award the contract
to the responsive and responsible design-builder with the lowest adjusted score. The
municipality shall reserve the right to reject all proposals.
new text end

new text begin (f) The municipality shall award a stipulated fee not less than two-tenths of one
percent of the municipality's estimated cost of design and construction to each short-listed,
responsible proposer who provides a responsive but unsuccessful proposal. If the
municipality does not award a contract, all short-listed proposers must receive the
stipulated fee. If the municipality cancels the contract before reviewing the technical
proposals, the municipality shall award each design-builder on the short list a stipulated
fee of not less than two-tenths of one percent of the municipality's estimated cost of
design and construction. The municipality shall pay the stipulated fee to each proposer
within 90 days after the award of the contract or the decision not to award a contract.
In consideration for paying the stipulated fee, the municipality may use any ideas or
information contained in the proposals in connection with any contract awarded for the
project or in connection with a subsequent procurement, without any obligation to pay
any additional compensation to the unsuccessful proposers. Notwithstanding the other
provisions of this subdivision, an unsuccessful short-list proposer may elect to waive
the stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated
fee, the municipality may not use ideas and information contained in that proposer's
proposal. Upon the request of the municipality, a proposer who waived a stipulated fee
may withdraw the waiver, in which case the municipality shall pay the stipulated fee to the
proposer and thereafter may use ideas and information in the proposer's proposal.
new text end

new text begin Subd. 10. new text end

new text begin Low-bid design-build process. new text end

new text begin (a) The municipality may also use
low-bid, design-build procedures to award a design-build contract where the scope of
the work can be clearly defined.
new text end

new text begin (b) Low-bid design-build projects may require an RFQ and short-listing, and must
require an RFP.
new text end

new text begin (c) Submitted proposals under this subdivision must include separately a technical
proposal and a price proposal. The low-bid, design-build procedures must follow a
two-step process for review of the responses to the RFP as follows:
new text end

new text begin (1) the first step is the review of the technical proposal by the Technical Review
Committee as provided in subdivision 4. The Technical Review Committee must open
the technical proposal first and must determine if it complies with the requirements of the
RFP and is responsive. The Technical Review Committee may not perform any ranking
or scoring of the technical proposals; and
new text end

new text begin (2) the second step is the determination of the low bidder based on the price
proposal. The municipality may not open the price proposal until the review of the
technical proposal is complete.
new text end

new text begin (d) The contract award under low-bid, design-build procedures must be made to the
proposer whose sealed bid is responsive to the technical requirements as determined by
the Technical Review Committee and that is also the lowest bid.
new text end

new text begin (e) A stipulated fee may be paid for unsuccessful bids on low-bid, design-build
projects only when the municipality has required an RFQ and short-listed the most highly
qualified responsive bidders.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on October 1, 2012, or upon completion of nine design-build projects under
this pilot program, whichever occurs first.
new text end

Sec. 32. new text begin REPORT TO LEGISLATURE.
new text end

new text begin Annually, by January 15, the council shall submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over transportation
budget and policy, and to the legislature as provided under Minnesota Statutes, section
15.059. The report must summarize the design-build pilot program selection process,
including the number of applications considered; the proposal process for each project
that was selected; the contracting process for each project that was completed; and project
costs. The report must evaluate the process and results applying the performance-based
measures with which the commissioner evaluates trunk highway design-build projects.
The report must include any recommendations for future legislation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on October 1, 2012, or upon completion of nine design-build projects under
this pilot program, whichever occurs first.
new text end

Sec. 33. new text begin PROHIBITION OF IMPOSITION OF SEASONAL LOAD
RESTRICTIONS.
new text end

new text begin The commissioner of transportation may not impose seasonal restrictions as to the
weight of vehicles to be operated on marked Trunk Highway 11 between the cities of
Baudette and International Falls.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective when the commissioner begins major
construction or reconstruction on any portion of marked Trunk Highway 11, and expires
when the reconstruction of marked Trunk Highway 11 is completed.
new text end

Sec. 34. new text begin SEAT BELT.
new text end

new text begin Sections 11 and 12 may be cited as the "Kathryn Swanson Seat Belt Safety Act."
new text end

Sec. 35. new text begin APPLICATION.
new text end

new text begin Section 20 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end