3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for the department of 1.4 transportation and other agencies with certain 1.5 conditions; regulating certain activities and 1.6 practices; providing for fees; establishing revolving 1.7 account; requiring studies; amending Minnesota 1.8 Statutes 1996, sections 16B.335, subdivision 1; 1.9 161.082, by adding a subdivision; 161.14, subdivision 1.10 29; 162.09, subdivision 4; 162.181, subdivisions 1 and 1.11 3; 168.011, subdivision 9; 168.018; 168.1291, 1.12 subdivision 1; 168.27, subdivision 5a; 168A.29, 1.13 subdivision 1; 169.01, subdivision 78; 169.045, 1.14 subdivision 1; 169.06, subdivision 4; 169.14, 1.15 subdivisions 3 and 5a; 169.17; 169.21, subdivision 2; 1.16 169.444, subdivisions 2, 5, 6, 7, and by adding a 1.17 subdivision; 169.81, subdivision 3c; 169.85; 169.974, 1.18 subdivision 2; 171.06, subdivision 2a; 171.13, 1.19 subdivision 5, and by adding a subdivision; 171.29, 1.20 subdivision 2; 173.13, subdivision 4; 174.03, by 1.21 adding a subdivision; 221.84, subdivision 1; 296.16, 1.22 subdivision 1; 299A.38, subdivision 2, and by adding a 1.23 subdivision; 299C.10, subdivision 4; 299C.46, 1.24 subdivision 3, and by adding a subdivision; 360.017, 1.25 subdivision 1; 457A.04, subdivision 2; 473.408, 1.26 subdivision 7; and 473.446, subdivision 1a; proposing 1.27 coding for new law in Minnesota Statutes, chapters 1.28 168; 299A; and 360; repealing Minnesota Statutes 1996, 1.29 section 299D.10. 1.30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.31 ARTICLE 1 1.32 APPROPRIATIONS 1.33 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 1.34 The sums shown in the columns marked "APPROPRIATIONS" are 1.35 appropriated from the general fund, or another named fund, to 1.36 the agencies and for the purposes specified in this act, to be 1.37 available for the fiscal years indicated for each purpose. The 2.1 figures "1997," "1998," and "1999," where used in this act, mean 2.2 that the appropriation or appropriations listed under them are 2.3 available for the year ending June 30, 1997, June 30, 1998, or 2.4 June 30, 1999, respectively. If the figures are not used, the 2.5 appropriations are available for the year ending June 30, 1998, 2.6 or June 30, 1999, respectively. The term "first year" means the 2.7 year ending June 30, 1998, and the term "second year" means the 2.8 year ending June 30, 1999. Appropriations for the year ending 2.9 June 30, 1997, are in addition to appropriations made in 2.10 previous years. 2.11 SUMMARY BY FUND 2.12 1997 1998 1999 TOTAL 2.13 General $ 226,000 $ 76,868,000 $ 73,890,000 $150,984,000 2.14 Airports 18,016,000 18,078,000 36,094,000 2.15 C.S.A.H. 318,289,000 327,512,000 645,801,000 2.16 Highway User 14,199,000 14,269,000 28,468,000 2.17 M.S.A.S. 96,580,000 99,264,000 195,844,000 2.18 Special Revenue 912,000 927,000 1,839,000 2.19 Trunk 2.20 Highway 9,000,000 936,783,000 936,772,000 1,882,555,000 2.21 TOTAL $ 9,226,000 $1,461,647,000 $1,470,712,000 $2,941,585,000 2.22 APPROPRIATIONS 2.23 Available for the Year 2.24 Ending June 30 2.25 1997 1998 1999 2.26 Sec. 2. TRANSPORTATION 2.27 Subdivision 1. Total 2.28 Appropriation $ 9,000,000 $1,311,399,000 $1,320,220,000 2.29 The appropriations in this section are 2.30 from the trunk highway fund, except 2.31 when another fund is named. 2.32 Summary by Fund 2.33 1997 1998 1999 2.34 General 16,844,000 14,537,000 2.35 Airports 17,966,000 18,028,000 2.36 C.S.A.H. 318,289,000 327,512,000 2.37 M.S.A.S. 96,580,000 99,264,000 2.38 Trunk Highway 9,000,000 861,720,000 860,879,000 2.39 The amounts that may be spent from this 2.40 appropriation for each program are 3.1 specified in the following subdivisions. 3.2 Subd. 2. Aeronautics 18,296,000 17,958,000 3.3 Summary by Fund 3.4 Airports 17,896,000 17,958,000 3.5 General 400,000 -0- 3.6 The amounts that may be spent from this 3.7 appropriation for each activity are as 3.8 follows: 3.9 (a) Airport Development and Assistance 3.10 1998 1999 3.11 12,948,000 12,948,000 3.12 $12,846,000 the first year and 3.13 $12,846,000 the second year are for 3.14 navigational aids, construction grants, 3.15 and maintenance grants. If the 3.16 appropriation for either year is 3.17 insufficient, the appropriation for the 3.18 other year is available for it. 3.19 These appropriations must be spent in 3.20 accordance with Minnesota Statutes, 3.21 section 360.305, subdivision 4. 3.22 $12,000 the first year and $12,000 the 3.23 second year are for maintenance of the 3.24 Pine Creek Airport. 3.25 $90,000 the first year and $90,000 the 3.26 second year are for air service grants. 3.27 (b) Aviation Support 3.28 4,880,000 4,941,000 3.29 $65,000 the first year and $65,000 the 3.30 second year are for the civil air 3.31 patrol. 3.32 $200,000 the first year and $200,000 3.33 the second year are for the air service 3.34 marketing program under Minnesota 3.35 Statutes, section 360.0151. 3.36 (c) Air Transportation Services 3.37 468,000 69,000 3.38 Summary by Fund 3.39 Airports 68,000 69,000 3.40 General 400,000 -0- 3.41 $400,000 the first year is from the 3.42 general fund for refurbishing a federal 3.43 surplus jet airplane for state 3.44 ownership and use. 3.45 Subd. 3. Transit 15,248,000 14,337,000 3.46 Summary by Fund 4.1 General 14,937,000 14,021,000 4.2 Trunk Highway 311,000 316,000 4.3 The amounts that may be spent from this 4.4 appropriation for each activity are as 4.5 follows: 4.6 (a) Greater Minnesota Transit 4.7 Assistance 4.8 13,556,000 13,556,000 4.9 This appropriation is from the general 4.10 fund. Any unencumbered balance the 4.11 first year does not cancel but is 4.12 available for the second year. 4.13 (b) Transit Administration 4.14 767,000 781,000 4.15 Summary by Fund 4.16 General 456,000 465,000 4.17 Trunk Highway 311,000 316,000 4.18 (c) Access to Jobs and Training 4.19 in Greater Minnesota 4.20 925,000 -0- 4.21 This appropriation is from the general 4.22 fund. 4.23 The commissioner shall make grants 4.24 under this subdivision to counties 4.25 located outside the metropolitan area 4.26 and to eligible recipients of the 4.27 public transit subsidy program under 4.28 Minnesota Statutes, section 174.24, 4.29 subdivision 2, to facilitate the 4.30 transition between public assistance 4.31 and employment. Grant recipients under 4.32 this subdivision shall, to the greatest 4.33 extent possible, seek federal or 4.34 private sector funding to transport 4.35 economically disadvantaged persons to 4.36 jobs and employment-related activities, 4.37 including child care facilities. 4.38 Recipients of grants from this 4.39 appropriation may spend the grants on 4.40 the following activities: 4.41 (1) providing transportation service or 4.42 arranging for service by contract with 4.43 a transportation provider; 4.44 (2) enhancing existing public transit 4.45 service; 4.46 (3) providing full or partial bus fare 4.47 reimbursement; 4.48 (4) facilitating employer efforts to 4.49 provide or coordinate transportation 4.50 services; 4.51 (5) coordinating transportation service 5.1 already being provided; 5.2 (6) providing or contracting for 5.3 transportation links between public 5.4 transportation routes and major 5.5 employment locations; and 5.6 (7) providing, through other programs, 5.7 cost-effective transportation to the 5.8 target population. 5.9 This appropriation is available for 5.10 expenditure in either year of the 5.11 biennium. 5.12 Subd. 4. Railroads and Waterways 2,452,000 1,484,000 5.13 Summary by Fund 5.14 General 1,247,000 253,000 5.15 Trunk Highway 1,205,000 1,231,000 5.16 $1,000,000 the first year is from the 5.17 general fund for the study of commuter 5.18 rail service under article 2, section 5.19 51. This appropriation is available 5.20 until June 30, 1999. Of this amount the 5.21 commissioner may spend up to $100,000 5.22 for the costs of managing the study. 5.23 Subd. 5. Motor Carrier Regulation 2,437,000 2,487,000 5.24 Summary by Fund 5.25 General 110,000 113,000 5.26 Trunk Highway 2,327,000 2,374,000 5.27 Subd. 6. Local Roads 414,869,000 426,776,000 5.28 Summary by Fund 5.29 C.S.A.H. 318,289,000 327,512,000 5.30 M.S.A.S. 96,580,000 99,264,000 5.31 The amounts that may be spent from this 5.32 appropriation for each activity are as 5.33 follows: 5.34 (a) County State Aids 5.35 318,289,000 327,512,000 5.36 This appropriation is from the county 5.37 state-aid highway fund and is available 5.38 until spent. 5.39 (b) Municipal State Aids 5.40 96,580,000 99,264,000 5.41 This appropriation is from the 5.42 municipal state-aid street fund and is 5.43 available until spent. 5.44 If an appropriation for either county 5.45 state aids or municipal state aids does 5.46 not exhaust the balance in the fund 5.47 from which it is made in the year for 6.1 which it is made, the commissioner of 6.2 finance, upon request of the 6.3 commissioner of transportation, shall 6.4 notify the chair of the transportation 6.5 budget division of the senate and the 6.6 chair of the transportation budget 6.7 division of the house of 6.8 representatives of the amount of the 6.9 remainder and shall then add that 6.10 amount to the appropriation. The 6.11 amount added is appropriated for the 6.12 purposes of county state aids or 6.13 municipal state aids, as appropriate. 6.14 Subd. 7. State Roads 9,000,000 807,314,000 817,712,000 6.15 Summary by Fund 6.16 1997 1998 1999 6.17 General 109,000 109,000 6.18 Trunk Highway 9,000,000 807,205,000 817,603,000 6.19 The amounts that may be spent from this 6.20 appropriation for each activity are as 6.21 follows: 6.22 (a) State Road Construction 6.23 9,000,000 445,822,000 445,838,000 6.24 It is estimated that these 6.25 appropriations will be funded as 6.26 follows: 6.27 Federal Highway Aid 6.28 225,000,000 225,000,000 6.29 Highway User Taxes 6.30 220,822,000 220,838,000 6.31 The commissioner of transportation 6.32 shall notify the chair of the 6.33 transportation budget division of the 6.34 senate and chair of the transportation 6.35 budget division of the house of 6.36 representatives quarterly of any events 6.37 that should cause these estimates to 6.38 change. 6.39 This appropriation is for the actual 6.40 construction, reconstruction, and 6.41 improvement of trunk highways. This 6.42 includes the cost of actual payment to 6.43 landowners for lands acquired for 6.44 highway rights-of-way, payment to 6.45 lessees, interest subsidies, and 6.46 relocation expenses. 6.47 The appropriation for fiscal year 1997 6.48 is for state road construction and is 6.49 added to the appropriations in Laws 6.50 1995, chapter 265, article 2, section 6.51 2, subdivision 7, clause (a). The 6.52 commissioner, with the approval of the 6.53 commissioner of finance, may spend up 6.54 to $7,100,000 of this appropriation for 6.55 state road operations for flood relief 7.1 efforts. 7.2 Of this appropriation, up to 7.3 $15,000,000 the first year and up to 7.4 $15,000,000 the second year may be 7.5 transferred by the commissioner to the 7.6 trunk highway revolving loan account if 7.7 this account is created in the trunk 7.8 highway fund. 7.9 The commissioner of transportation may 7.10 receive money covering other shares of 7.11 the cost of partnership projects. 7.12 These receipts are appropriated to the 7.13 commissioner for these projects. 7.14 Before proceeding with a project, or a 7.15 series of projects on a single highway, 7.16 with a cost exceeding $10,000,000, the 7.17 commissioner shall consider the 7.18 feasibility of alternative means of 7.19 financing the project or series of 7.20 projects, including but not limited to 7.21 congestion pricing, tolls, mileage 7.22 pricing, and public-private partnership. 7.23 (b) Highway Debt Service 7.24 15,161,000 13,539,000 7.25 $5,951,000 the first year and 7.26 $5,403,000 the second year are for 7.27 transfer to the state bond fund. 7.28 If this appropriation is insufficient 7.29 to make all transfers required in the 7.30 year for which it is made, the 7.31 commissioner of finance shall notify 7.32 the committee on state government 7.33 finance of the senate and the committee 7.34 on ways and means of the house of 7.35 representatives of the amount of the 7.36 deficiency and shall then transfer that 7.37 amount under the statutory open 7.38 appropriation. 7.39 Any excess appropriation must be 7.40 canceled to the trunk highway fund. 7.41 (c) Research and Investment Management 7.42 11,606,000 11,791,000 7.43 $600,000 the first year and $600,000 7.44 the second year are available for 7.45 grants for transportation studies 7.46 outside the metropolitan area for 7.47 transportation studies to identify 7.48 critical concerns, problems, and 7.49 issues. These grants are available to 7.50 (1) regional development commissions, 7.51 and (2) in regions where no regional 7.52 development commission is functioning, 7.53 joint-powers boards established under 7.54 agreement of two or more political 7.55 subdivisions in the region to exercise 7.56 the planning functions of a regional 7.57 development commission, and (3) in 7.58 regions where no regional development 7.59 commission or joint powers board is 7.60 functioning, the department's district 8.1 office for that region. 8.2 $216,000 the first year and $216,000 8.3 the second year are available for 8.4 grants to metropolitan planning 8.5 organizations outside the seven-county 8.6 metropolitan area. 8.7 $154,000 the first year and $181,000 8.8 the second year are for development of 8.9 an upgraded transportation information 8.10 system for making investment decisions. 8.11 $75,000 the first year and $75,000 the 8.12 second year are for a transportation 8.13 research contingent account to finance 8.14 research projects that are reimbursable 8.15 from the federal government or from 8.16 other sources. If the appropriation 8.17 for either year is insufficient, the 8.18 appropriation for the other year is 8.19 available for it. 8.20 (d) Central Engineering Services 8.21 56,593,000 57,384,000 8.22 Of these appropriations, $2,190,000 the 8.23 first year and $2,190,000 the second 8.24 year are for scientific equipment. If 8.25 the appropriation for either year is 8.26 insufficient, the appropriation for the 8.27 other year is available for it. 8.28 (e) Design and Construction Engineering 8.29 69,445,000 70,879,000 8.30 (f) State Road Operations 8.31 202,431,000 205,503,000 8.32 Summary by Fund 8.33 General 100,000 100,000 8.34 Trunk Highway 202,331,000 205,403,000 8.35 $11,689,000 the first year and 8.36 $11,689,000 the second year are for 8.37 road equipment. If the appropriation 8.38 for either year is insufficient, the 8.39 appropriation for the other year is 8.40 available for it. 8.41 $805,000 each year is for the Orion 8.42 intelligent transportation system 8.43 research project. 8.44 $100,000 the first year and $100,000 8.45 the second year are from the general 8.46 fund for grants to the Minnesota 8.47 highway safety center at St. Cloud 8.48 State University for driver education. 8.49 (g) Electronic Communications 8.50 6,256,000 12,778,000 8.51 Summary by Fund 9.1 General 9,000 9,000 9.2 Trunk Highway 6,247,000 12,769,000 9.3 $9,000 the first year and $9,000 the 9.4 second year are from the general fund 9.5 for equipment and operation of the 9.6 Roosevelt signal tower for Lake of the 9.7 Woods weather broadcasting. 9.8 $1,730,000 the first year and 9.9 $8,170,000 the second year are for the 9.10 purchase of ancillary equipment for the 9.11 800 MHZ system and for personnel 9.12 necessary to develop, install, and 9.13 operate the system. 9.14 Subd. 8. General Support 38,512,000 39,466,000 9.15 Summary by Fund 9.16 General 41,000 41,000 9.17 Airports 70,000 70,000 9.18 Trunk Highway 38,401,000 39,355,000 9.19 The amounts that may be spent from this 9.20 appropriation for each activity are as 9.21 follows: 9.22 (a) General Management 9.23 25,599,000 25,924,000 9.24 The commissioner of transportation is 9.25 authorized to implement a demonstration 9.26 congestion-pricing project involving 9.27 I-394 trunk highway facilities to 9.28 determine the feasibility of charging 9.29 user fees as allowed by section 1012(b) 9.30 of the Intermodal Surface 9.31 Transportation Efficiency Act of 1991, 9.32 Public Law Number 102-240 (ISTEA). A 9.33 demonstration congestion-pricing 9.34 project implemented under this 9.35 paragraph may not be continued longer 9.36 than two years after the date of its 9.37 implementation. For the purposes of 9.38 this demonstration project, the 9.39 commissioner is exempt from any 9.40 rulemaking requirements. The 9.41 commissioner of transportation must 9.42 obtain prior approval for the project 9.43 from the metropolitan council. The 9.44 metropolitan council must hold a public 9.45 hearing on the project as proposed by 9.46 the commissioner of transportation 9.47 before granting its approval. All fees 9.48 collected by the commissioner must be 9.49 deposited in the trunk highway fund and 9.50 are appropriated to implement and 9.51 administer this demonstration project. 9.52 The demonstration project is exempt 9.53 from Minnesota Statutes, sections 9.54 160.84 to 160.92. 9.55 (b) General Services 9.56 12,913,000 13,542,000 10.1 Summary by Fund 10.2 General 41,000 41,000 10.3 Airports 70,000 70,000 10.4 Trunk Highway 12,802,000 13,431,000 10.5 $1,500,000 the first year and 10.6 $1,500,000 the second year are for data 10.7 processing development. If the 10.8 appropriation for either year is 10.9 insufficient, the appropriation for the 10.10 other year is available for it. 10.11 The commissioner of transportation 10.12 shall manage the department of 10.13 transportation in such a manner as to 10.14 provide seasonal employees of the 10.15 department with the maximum feasible 10.16 amount of employment security 10.17 consistent with the efficient delivery 10.18 of department programs. 10.19 Subd. 9. Buildings 12,271,000 -0- 10.20 $6,771,000 is for ongoing operational 10.21 building needs. $5,500,000 is for the 10.22 Cedar Avenue truck station in Richfield. 10.23 The appropriation of $644,000 in Laws 10.24 1996, chapter 455, article 2, section 10.25 2, clause (5), for the Deer Lake 10.26 equipment storage building, is canceled 10.27 and is reappropriated for a Virginia 10.28 headquarters building addition for the 10.29 state patrol. 10.30 Subd. 10. Transfers 10.31 The commissioner of transportation with 10.32 the approval of the commissioner of 10.33 finance may transfer unencumbered 10.34 balances among the appropriations from 10.35 the trunk highway fund and the state 10.36 airports fund made in this section. No 10.37 transfer may be made from the 10.38 appropriation for state road 10.39 construction. No transfer may be made 10.40 from the appropriations for debt 10.41 service to any other appropriation. 10.42 Transfers may not be made between funds. 10.43 Transfers must be reported immediately 10.44 to the chair of the transportation 10.45 budget division of the senate and the 10.46 chair of the transportation budget 10.47 division of the house of 10.48 representatives. 10.49
Subd. 11. Use of State Road 10.50 Construction Appropriations 10.51 Any money appropriated to the 10.52 commissioner of transportation for 10.53 state road construction for any fiscal 10.54 year before fiscal year 1999 is 10.55 available to the commissioner during 10.56 fiscal years 1998 and 1999 to the 10.57 extent that the commissioner spends the 10.58 money on the state road construction 10.59 project for which the money was 11.1 originally encumbered during the fiscal 11.2 year for which it was appropriated. 11.3 The commissioner of transportation 11.4 shall report to the commissioner of 11.5 finance by August 1, 1998, and August 11.6 1, 1999, on a form the commissioner of 11.7 finance provides, on expenditures made 11.8 during the previous fiscal year that 11.9 are authorized by this section. 11.10 Subd. 12. Contingent Appropriation 11.11 Until June 30, 1999, the commissioner 11.12 of transportation, with the approval of 11.13 the governor after consultation with 11.14 the legislative advisory commission 11.15 under Minnesota Statutes, section 3.30, 11.16 may transfer all or part of the 11.17 unappropriated balance in the trunk 11.18 highway fund to an appropriation (1) 11.19 for trunk highway design, construction, 11.20 or inspection in order to take 11.21 advantage of an unanticipated receipt 11.22 of income to the trunk highway fund, 11.23 (2) for trunk highway maintenance in 11.24 order to meet an emergency, or (3) to 11.25 pay tort or environmental claims. The 11.26 amount transferred is appropriated for 11.27 the purpose of the account to which it 11.28 is transferred. 11.29 Sec. 3. METROPOLITAN COUNCIL 11.30 TRANSIT 51,351,000 49,351,000 11.31 Subdivision 1. Access to Jobs 11.32 and Training 2,000,000 -0- 11.33 The metropolitan council shall spend 11.34 all of this appropriation as grants 11.35 under this subdivision to counties 11.36 located in the metropolitan area to 11.37 facilitate the transition between 11.38 public assistance and employment. 11.39 Counties receiving grants under this 11.40 subdivision shall, to the greatest 11.41 extent possible, seek federal or 11.42 private sector funding to transport 11.43 economically disadvantaged persons to 11.44 jobs and employment-related activities, 11.45 including child care facilities. 11.46 Counties receiving grants from this 11.47 appropriation may spend the grants on 11.48 the following activities: 11.49 (1) providing transportation service or 11.50 arranging for service by contract with 11.51 a transportation provider; 11.52 (2) providing full or partial bus fare 11.53 reimbursement; 11.54 (3) facilitating employer efforts to 11.55 provide or coordinate transportation 11.56 services; 11.57 (4) coordinating transportation service 11.58 already being provided; 11.59 (5) providing or contracting for 12.1 transportation links between public 12.2 transportation routes and major 12.3 employment locations; and 12.4 (6) providing, through other programs, 12.5 cost-effective transportation to the 12.6 target population. 12.7 The council shall report by January 15, 12.8 1999, to the chairs of the senate and 12.9 house of representatives transportation 12.10 policy committees on activities under 12.11 this subdivision. 12.12 This appropriation is available for 12.13 expenditure in either year of the 12.14 biennium. 12.15 Subd. 2. School 12.16 Transportation 12.17 (a) The metropolitan council, the 12.18 school board of special school district 12.19 No. 1, Minneapolis, and the school 12.20 board of independent school district 12.21 No. 625, St. Paul, in consultation with 12.22 an advisory board, shall develop a 12.23 school transportation plan, the goal of 12.24 which is to make available school 12.25 transportation through the metropolitan 12.26 council's public transit system, at no 12.27 cost to students, to no fewer than 75 12.28 percent of the students transported by 12.29 Minneapolis public schools and no fewer 12.30 than 75 percent of the students 12.31 transported by St. Paul public schools, 12.32 in grades 9 to 12, during the 1998-1999 12.33 school year. The plan shall consider 12.34 the feasibility of extending the plan, 12.35 for 1998-1999 implementation or in 12.36 subsequent years, to students in grades 12.37 7 and 8. 12.38 (b) The metropolitan council and the 12.39 school boards shall appoint, convene, 12.40 and consult with an advisory board 12.41 concerning the development of the 12.42 school transportation plan. The 12.43 advisory board shall include, without 12.44 limitation, the school transportation 12.45 directors from the Minneapolis and St. 12.46 Paul school districts; a member of the 12.47 Amalgamated Transit Union; secondary 12.48 students and parents of secondary 12.49 students who use school transportation 12.50 in those school districts; a 12.51 representative of the department of 12.52 public safety; representatives of 12.53 nonpublic schools located within the 12.54 districts; a representative of the 12.55 department of children, families, and 12.56 learning; and administrators of 12.57 secondary schools within the 12.58 districts. The advisory board expires 12.59 upon submission of the report required 12.60 by paragraph (d). 12.61 (c) The transportation plan must 12.62 include, without being limited to: 12.63 (1) a plan for service of the maximum 13.1 possible number of students, with a 13.2 goal of transporting no less than 75 13.3 percent of the students in grades 9 to 13.4 12 who are transported in each 13.5 district, with a minimum number of new 13.6 transit routes; 13.7 (2) a recommendation for school day 13.8 start and end times to optimize use of 13.9 public transit for school 13.10 transportation; 13.11 (3) an analysis of availability of 13.12 public transit for special education 13.13 students; open enrollment students; 13.14 students enrolled in nonpublic schools, 13.15 charter schools, post-secondary 13.16 enrollment options programs, area 13.17 learning centers, and other 13.18 nontraditional programs; and students 13.19 participating in school activities 13.20 before or after the school day; 13.21 (4) a description of the quality of 13.22 service to be available to students, 13.23 including maximum length of ride, 13.24 number of transfers required, and 13.25 maximum distance between home or school 13.26 and bus stop; 13.27 (5) a recommendation concerning 13.28 policies applicable to fares for 13.29 student ridership throughout the school 13.30 day and identification by public 13.31 transit drivers of students entitled to 13.32 free school transportation; 13.33 (6) a plan to extend the goals and 13.34 requirements of the state's school 13.35 transportation safety program to the 13.36 transportation of students on public 13.37 transit, to the maximum feasible 13.38 extent; 13.39 (7) a method for communicating 13.40 information to students whose school 13.41 transportation will be provided by 13.42 public transit, and their parents and 13.43 guardians, of the school transportation 13.44 plan prior to any implementation and 13.45 identification of a contact person to 13.46 answer resulting questions; 13.47 (8) recommendations concerning any 13.48 legislation required to implement the 13.49 school transportation plan; 13.50 (9) an analysis of the cost to the 13.51 metropolitan council of providing the 13.52 service outlined in the school 13.53 transportation plan; 13.54 (10) an analysis of the cost to the 13.55 Minneapolis and St. Paul school 13.56 districts for providing transportation 13.57 and transportation-related services to 13.58 students in grades 9 to 12 under the 13.59 school transportation plan developed as 13.60 provided in paragraph (a), which must 13.61 not exceed the projected cost, as 13.62 determined by the districts, of 14.1 providing equivalent transportation and 14.2 transportation-related services using 14.3 district-provided transportation; 14.4 (11) a description of the services that 14.5 the districts will be able to 14.6 discontinue by virtue of the 14.7 implementation of the school 14.8 transportation plan, and the financial 14.9 impact to the school districts of 14.10 discontinuing these services; and 14.11 (12) an analysis of the safety 14.12 implications of the plan. 14.13 (d) The metropolitan council and school 14.14 boards for the Minneapolis and St. Paul 14.15 school districts shall report the 14.16 school transportation plan to the 14.17 senate children, families and learning 14.18 K-12 committee and transportation 14.19 committee, and to the house of 14.20 representatives education committee and 14.21 transportation and transit committee 14.22 before January 30, 1998. 14.23 Subd. 3. Transit 14.24 Operations 14.25 (a) The council may not spend more than 14.26 $34,600,000 for metro mobility in the 14.27 1998-1999 biennium except for proceeds 14.28 from bond sales when use of those 14.29 proceeds for metro mobility capital 14.30 expenditures is authorized by law. 14.31 (b) The council may not raise fares for 14.32 regular route service it provides 14.33 during the 1998-1999 biennium. 14.34 (c) The council shall use this 14.35 appropriation to provide at least 14.36 131,000,000 riders per biennium. 14.37 Sec. 4. PUBLIC SAFETY 14.38 Subdivision 1. Total 14.39 Appropriation 226,000 97,830,000 100,099,000 14.40 Summary by Fund 14.41 1997 1998 1999 14.42 General 226,000 8,673,000 10,002,000 14.43 Trunk 14.44 Highway -0- 74,196,000 75,026,000 14.45 Highway User -0- 14,049,000 14,144,000 14.46 Special 14.47 Revenue -0- 912,000 927,000 14.48 Subd. 2. Administration 14.49 and Related Services 10,685,000 11,914,000 14.50 Summary by Fund 14.51 General 2,830,000 3,953,000 14.52 Trunk Highway 6,490,000 6,616,000 15.1 Highway User 1,365,000 1,345,000 15.2 $326,000 the first year and $326,000 15.3 the second year are for payment of 15.4 public safety officer survivor benefits 15.5 under Minnesota Statutes, section 15.6 299A.44. If the appropriation for 15.7 either year is insufficient, the 15.8 appropriation for the other year is 15.9 available for it. 15.10 $1,128,000 the second year from the 15.11 general fund and $575,000 the first 15.12 year and $575,000 the second year from 15.13 the trunk highway fund are to enhance 15.14 the criminal justice computer systems. 15.15 $299,000 the first year and $308,000 15.16 the second year are for soft body armor 15.17 reimbursements under Minnesota 15.18 Statutes, section 299A.38. 15.19 $50,000 the first year from the highway 15.20 user tax distribution fund is for the 15.21 public awareness campaign on vehicle 15.22 forfeiture and administrative plate 15.23 impoundment. This appropriation 15.24 cancels unless a law is enacted in 1997 15.25 which requires the department of public 15.26 safety to implement this campaign. 15.27 $1,851,000 the first year and 15.28 $1,830,000 the second year are 15.29 appropriated from the general fund for 15.30 transfer by the commissioner of finance 15.31 to the trunk highway fund on January 1, 15.32 1998, and January 1, 1999, 15.33 respectively, in order to reimburse the 15.34 trunk highway fund for expenses not 15.35 related to the fund. These represent 15.36 amounts appropriated out of the trunk 15.37 highway fund for general fund purposes 15.38 in the administration and related 15.39 services program. 15.40 $580,000 the first year and $610,000 15.41 the second year are appropriated from 15.42 the highway user tax distribution fund 15.43 for transfer by the commissioner of 15.44 finance to the trunk highway fund on 15.45 January 1, 1998, and January 1, 1999, 15.46 respectively, in order to reimburse the 15.47 trunk highway fund for expenses not 15.48 related to the fund. These represent 15.49 amounts appropriated out of the trunk 15.50 highway fund for highway user tax 15.51 distribution fund purposes in the 15.52 administration and related services 15.53 program. 15.54 $716,000 the first year and $716,000 15.55 the second year are appropriated from 15.56 the highway user tax distribution fund 15.57 for transfer by the commissioner of 15.58 finance to the general fund on January 15.59 1, 1998, and January 1, 1999, 15.60 respectively, in order to reimburse the 15.61 general fund for expenses not related 15.62 to the fund. These represent amounts 15.63 appropriated out of the general fund 15.64 for operation of the criminal justice 16.1 data network related to driver and 16.2 motor vehicle licensing. 16.3 Subd. 3. State Patrol 226,000 51,215,000 51,717,000 16.4 Summary by Fund 16.5 1997 1998 1999 16.6 General 226,000 2,058,000 2,181,000 16.7 Trunk Highway 49,067,000 49,446,000 16.8 Highway User 90,000 90,000 16.9 The commissioner of finance shall 16.10 reduce the appropriations for the 16.11 division of state patrol from the trunk 16.12 highway fund and general fund as 16.13 necessary to reflect legislation 16.14 enacted in 1997 that (1) reduces state 16.15 contributions for pensions for 16.16 employees under the division of state 16.17 patrol from the trunk highway fund or 16.18 general fund, or (2) provides money for 16.19 those pensions from police state aid. 16.20 Of the appropriation for fiscal year 16.21 1997, $76,000 is for transfer to the 16.22 trunk highway fund and $150,000 is to 16.23 reimburse the state patrol for general 16.24 fund expenditures to cover the costs of 16.25 deploying state patrol troopers to the 16.26 city of Minneapolis to assist the city 16.27 in combating violent crime. 16.28 $600,000 the first year and $1,200,000 16.29 the second year from the trunk highway 16.30 fund are to implement wage increases 16.31 for state patrol troopers, trooper 1s, 16.32 and corporals. The wage adjustments 16.33 are based on an internal Hay study 16.34 conducted by the department of employee 16.35 relations. 16.36 $1,675,000 the first year and $424,000 16.37 the second year from the trunk highway 16.38 fund and $93,000 the first year and 16.39 $22,000 the second year from the 16.40 general fund are for the development 16.41 and operational costs of computer-aided 16.42 dispatching, records management, and 16.43 station office automation systems. 16.44 $78,000 the first year and $78,000 the 16.45 second year from the general fund are 16.46 for additional capitol complex security 16.47 positions. 16.48 The commissioner of public safety shall 16.49 identify and implement measures to 16.50 increase the representation of females 16.51 and minorities in the state patrol so 16.52 that the trooper population more 16.53 accurately reflects the population 16.54 served by the state patrol. These 16.55 measures must include: 16.56 (1) evaluation of hiring and training 16.57 programs to identify and eliminate any 16.58 biases against underutilized, protected 17.1 groups; 17.2 (2) expansion of outreach programs to 17.3 high schools to include informational 17.4 presentations on law enforcement 17.5 careers and law enforcement degree 17.6 programs; 17.7 (3) intensification of recruitment 17.8 efforts toward qualified members of 17.9 protected groups; 17.10 (4) provision of guidance and support 17.11 to students in law enforcement degree 17.12 programs; 17.13 (5) publication of employment 17.14 opportunities in newspapers with 17.15 substantial readership among protected 17.16 groups; and 17.17 (6) development of other innovative 17.18 ways to promote awareness, acceptance, 17.19 and appreciation for diversity and 17.20 affirmative action in the state patrol. 17.21 The commissioner shall report to the 17.22 senate transportation committee and the 17.23 house of representatives transportation 17.24 and transit committee by January 30, 17.25 1998, on the measures implemented, 17.26 results achieved, progress made in 17.27 reaching affirmative action goals, and 17.28 recommendations for future action. 17.29 When an otherwise qualified candidate 17.30 does not have the educational credits 17.31 to meet the current peace officer 17.32 standards and training board licensing 17.33 standards, the commissioner may provide 17.34 the financial resources to obtain the 17.35 education necessary to meet the 17.36 licensing requirements. Of this 17.37 appropriation, $150,000 the second year 17.38 from the general fund is for assistance 17.39 to these otherwise qualified 17.40 individuals to prepare them for the 17.41 trooper candidate school beginning in 17.42 January 1999. 17.43 Subd. 4. Driver and 17.44 Vehicle Services 34,666,000 35,185,000 17.45 Summary by Fund 17.46 General 3,724,000 3,807,000 17.47 Trunk Highway 18,348,000 18,669,000 17.48 Highway User 12,594,000 12,709,000 17.49 $867,000 the first year and $777,000 17.50 the second year from the highway user 17.51 tax distribution fund are for 17.52 purchasing manufactured license plates 17.53 from the department of corrections. 17.54 $24,000 the first year and $19,000 the 17.55 second year from the trunk highway fund 17.56 are for the costs related to adding 17.57 blood alcohol concentration to drivers' 18.1 records. This appropriation cancels 18.2 unless a law is enacted in 1997 which 18.3 requires the department of public 18.4 safety to record blood alcohol 18.5 concentration on a driver's record. 18.6 $89,000 the first year and $135,000 the 18.7 second year from the highway user tax 18.8 distribution fund are for implementing 18.9 the plate impoundments. This 18.10 appropriation cancels unless a law is 18.11 enacted in 1997 which requires the 18.12 commissioner of public safety to 18.13 impound a vehicle's license plates upon 18.14 a second DWI conviction within five 18.15 years on the part of the vehicle's 18.16 owner. 18.17 Subd. 5. Traffic 18.18 Safety 352,000 356,000 18.19 Summary by Fund 18.20 General 61,000 61,000 18.21 Trunk Highway 291,000 295,000 18.22 Subd. 6. Pipeline Safety 912,000 927,000 18.23 This appropriation is from the pipeline 18.24 safety account in the special revenue 18.25 fund. 18.26 Sec. 5. ADMINISTRATION 25,000 -0- 18.27 This appropriation is from the highway 18.28 user tax distribution fund. The 18.29 commissioner shall spend this 18.30 appropriation for a study by a 18.31 qualified consultant to determine the 18.32 actual percent of all gasoline received 18.33 in and produced or brought into the 18.34 state, except gasoline used for 18.35 aviation purposes, that is being used 18.36 as fuel for snowmobiles in the state. 18.37 The study must include a determination 18.38 of the amount of gasoline consumed by 18.39 vehicles in the course of transporting 18.40 snowmobiles on the highways of this 18.41 state. The commissioner shall consult 18.42 with the commissioners of revenue, 18.43 transportation, and natural resources 18.44 in preparing the request for proposals 18.45 for the study and in selecting the 18.46 consultant to perform the study. The 18.47 commissioner shall report to the 18.48 legislature on the results of the study 18.49 by February 1, 1998. 18.50 Sec. 6. MINNESOTA SAFETY COUNCIL 67,000 67,000 18.51 This appropriation is from the trunk 18.52 highway fund. 18.53 Sec. 7. GENERAL CONTINGENT 18.54 ACCOUNTS 375,000 375,000 18.55 The appropriations in this section may 18.56 only be spent with the approval of the 18.57 governor after consultation with the 18.58 legislative advisory commission 19.1 pursuant to Minnesota Statutes, section 19.2 3.30. 19.3 If an appropriation in this section for 19.4 either year is insufficient, the 19.5 appropriation for the other year is 19.6 available for it. 19.7 Summary by Fund 19.8 Trunk Highway 200,000 200,000 19.9 Highway User 125,000 125,000 19.10 Airports 50,000 50,000 19.11 Sec. 8. TORT CLAIMS 600,000 600,000 19.12 To be spent by the commissioner of 19.13 finance. 19.14 This appropriation is from the trunk 19.15 highway fund. 19.16 If the appropriation for either year is 19.17 insufficient, the appropriation for the 19.18 other year is available for it. 19.19 ARTICLE 2 19.20 TRANSPORTATION DEVELOPMENT 19.21 Section 1. [REPORT.] 19.22 The commissioner of transportation shall report to the 19.23 chairs of the senate and house of representatives transportation 19.24 committees by January 15, 1998, and January 15, 1999, on the use 19.25 of grants to the Minnesota highway safety center at St. Cloud 19.26 State University under: (1) Minnesota Statutes, section 171.29, 19.27 subdivision 2, paragraph (b), clause (4), item (ii); and (2) 19.28 article 1, section 2, subdivision 7, paragraph (f), of this act. 19.29 Sec. 2. [SCREENING AND ADVISORY COMMITTEES.] 19.30 Notwithstanding any other law, the following advisory 19.31 committees do not expire on June 30, 1997: 19.32 (1) the county state-aid rules advisory committee 19.33 established under Minnesota Statutes, section 162.02, 19.34 subdivision 2; 19.35 (2) the county state-aid screening board established under 19.36 Minnesota Statutes, section 162.07, subdivision 5; 19.37 (3) the municipal state-aid rules advisory committee 19.38 established under Minnesota Statutes, section 162.09, 19.39 subdivision 2; and 19.40 (4) the municipal state-aid screening committee established 20.1 under Minnesota Statutes, section 162.13, subdivision 3. 20.2 Sec. 3. [DEPARTMENT OF TRANSPORTATION; LAND TRANSFER.] 20.3 Notwithstanding any other provision of law, the 20.4 commissioner of transportation shall at the earliest feasible 20.5 date transfer to the city of Duluth at no cost a tract of land 20.6 consisting of 0.59 acres of parcel No. 211 in the city of Duluth. 20.7 Sec. 4. [DEMONSTRATION PROGRAM.] 20.8 Notwithstanding Minnesota Statutes, section 473.384, 20.9 subdivision 6, regarding percentages of total operating costs to 20.10 be subsidized by the metropolitan council, until June 30, 2001, 20.11 the metropolitan council may establish the appropriate 20.12 percentage operating subsidy to be granted to individual 20.13 recipients under the subdivision. The metropolitan council must 20.14 establish the percentage annually, based on available transit 20.15 funds and the council's determination of a reasonable subsidy 20.16 per passenger trip in comparison to similar transit or 20.17 paratransit service in the metropolitan area. The council may 20.18 provide a subsidy up to 100 percent of a recipient's operating 20.19 costs for all or any portion of the transit or paratransit 20.20 service and may require recipients to pay up to 100 percent of 20.21 their own operating costs for all or any portion of the service. 20.22 Sec. 5. Minnesota Statutes 1996, section 16B.335, 20.23 subdivision 1, is amended to read: 20.24 Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] (a) 20.25 The commissioner, or any other recipient to whom an 20.26 appropriation is made to acquire or better public lands or 20.27 buildings or other public improvements of a capital nature, must 20.28 not prepare final plans and specifications for any construction, 20.29 major remodeling, or land acquisition in anticipation of which 20.30 the appropriation was made until the agency that will use the 20.31 project has presented the program plan and cost estimates for 20.32 all elements necessary to complete the project to the chair of 20.33 the senate finance committee and the chair of the house ways and 20.34 means committee and the chairs have made their recommendations, 20.35 and the chair of the house capital investment committee is 20.36 notified. "Construction or major remodeling" means construction 21.1 of a new building or substantial alteration of the exterior 21.2 dimensions or interior configuration of an existing building. 21.3 The presentation must note any significant changes in the work 21.4 that will be done, or in its cost, since the appropriation for 21.5 the project was enacted or from the predesign submittal. The 21.6 program plans and estimates must be presented for review at 21.7 least two weeks before a recommendation is needed. The 21.8 recommendations are advisory only. Failure or refusal to make a 21.9 recommendation is considered a negative recommendation. The 21.10 chairs of the senate finance committee, the house capital 21.11 investment committee, and the house ways and means committee 21.12 must also be notified whenever there is a substantial change in 21.13 a construction or major remodeling project, or in its cost. 21.14 (b) Capital projects exempt from the requirements of this 21.15 section include construction, renovation, or improvements to 21.16 dams, highway rest areas, truck stations, storage facilities not 21.17 consisting primarily of offices or heated work areas, trails, 21.18 bike paths, sewer separation projects, water and wastewater 21.19 facilities, campgrounds, roads, bridges, port development 21.20 projects for which the commissioner of transportation has 21.21 entered into an assistance agreement under section 457A.04, or 21.22 any other capital project with a construction cost of less than 21.23 $200,000. 21.24 Sec. 6. Minnesota Statutes 1996, section 161.082, is 21.25 amended by adding a subdivision to read: 21.26 Subd. 3. [TRANSFERS TO TURNBACK ACCOUNT.] (a) Whenever a 21.27 county submits plans for a project to be funded from the county 21.28 turnback account and the commissioner determines that the 21.29 project would be approved for funding except for insufficient 21.30 money in the county turnback account, the commissioner may 21.31 transfer from the unencumbered balance of the construction 21.32 account in the county state-aid highway fund an amount 21.33 sufficient to pay the costs of the project. 21.34 (b) The commissioner may make a transfer under paragraph (a) 21.35 only if the commissioner determines that the transfer would not 21.36 reduce the unencumbered balance of the construction account in 22.1 the county state-aid highway fund to less than $50,000,000. 22.2 (c) Not later than ten years after any transfer under 22.3 paragraph (a), the commissioner shall transfer from the county 22.4 turnback account to the construction account in the county 22.5 state-aid highway fund an amount sufficient to repay the amount 22.6 transferred under paragraph (a). 22.7 Sec. 7. Minnesota Statutes 1996, section 161.14, 22.8 subdivision 29, is amended to read: 22.9 Subd. 29. [LAURA INGALLS WILDER HISTORIC HIGHWAY.] Marked 22.10 trunk highway No. 14, from its intersection with marked trunk22.11 highway No. 169 in or near the city of Mankato to its terminus22.12 atthe Minnesota-South Dakota border ,easterly to its 22.13 intersection with marked U.S. highway No. 63 in or near 22.14 Rochester and then northerly and southerly along marked U.S. 22.15 highway No. 63, as follows: 22.16 (1) northerly along marked U.S. highway No. 63 to its 22.17 intersection with marked U.S. highway No. 61 in or near Lake 22.18 City and then southeasterly along U.S. highway No. 61 to its 22.19 intersection with marked trunk highway No. 60 in or near the 22.20 city of Wabasha and then northeasterly along marked trunk 22.21 highway No. 60 to its intersection with the Minnesota-Wisconsin 22.22 border; and 22.23 (2) southerly along marked U.S. highway No. 63 to its 22.24 intersection with marked trunk highway No. 16 and then easterly 22.25 along marked trunk highway No. 16 to its intersection with 22.26 marked U.S. highway No. 52 in or near the city of Preston and 22.27 then southerly and easterly along marked U.S. highway No. 52 to 22.28 the Minnesota-Iowa border, 22.29 is designated the "Laura Ingalls Wilder Historic Highway." 22.30 Pursuant to section 161.139, the commissioner of 22.31 transportation shall adopt a suitable marking design to mark 22.32 this highway and shall erect appropriate signs. The people of 22.33 the communities, having resolved to support and financially back 22.34 the marking of these routes, shall reimburse the department for 22.35 costs incurred in marking and memorializing this highway. 22.36 Sec. 8. Minnesota Statutes 1996, section 162.09, 23.1 subdivision 4, is amended to read: 23.2 Subd. 4. [FEDERAL CENSUS TO BE CONCLUSIVE.] (a) In 23.3 determining whether any city has a population of 5,000 or more, 23.4 the last federal census shall be conclusive, except as otherwise 23.5 provided in this subdivision. 23.6 (b) A city that has previously been classified as having a 23.7 population of 5,000 or more for the purposes of chapter 162 and 23.8 whose population decreases by less than 15 percent from the 23.9 census figure that last qualified the city for inclusion shall 23.10 receive the following percentages of its 1981 apportionment for 23.11 the years indicated: 1982, 66 percent and 1983, 33 percent. 23.12 Thereafter the city shall not receive any apportionment from the 23.13 municipal state-aid street fund unless its population is 23.14 determined to be 5,000 or over by a federal census. The 23.15 governing body of the city may contract with the United States 23.16 Bureau of the Census to take one special census before January 23.17 1, 1986. A certified copy of the results of the census shall be 23.18 filed with the appropriate state authorities by the city. The 23.19 result of the census shall be the population of the city for the 23.20 purposes of any law providing that population is a required 23.21 qualification for distribution of highway aids under chapter 23.22 162. The special census shall remain in effect until the 1990 23.23 federal census is completed and filed. The expense of taking 23.24 the special census shall be paid by the city. 23.25 (c) If an entire area not heretofore incorporated as a city 23.26 is incorporated as such during the interval between federal 23.27 censuses, its population shall be determined by its 23.28 incorporation census. The incorporation census shall be 23.29 determinative of the population of the city only until the next 23.30 federal census. 23.31 (d) The population of a city created by the consolidation 23.32 of two or more previously incorporated cities shall be 23.33 determined by the most recent population estimate of the 23.34 metropolitan council or state demographer, until the first 23.35 federal decennial census or special census taken after the 23.36 consolidation. 24.1 (e) The population of a city that is not receiving a 24.2 municipal state-aid street fund apportionment shall be 24.3 determined, upon request of the city, by the most recent 24.4 population estimate of the metropolitan council or state 24.5 demographer. A municipal state-aid street fund apportionment 24.6 received by the city must be based on this population estimate 24.7 until the next federal decennial census or special census. 24.8 Sec. 9. Minnesota Statutes 1996, section 162.181, 24.9 subdivision 1, is amended to read: 24.10 Subdivision 1. [LIMITATION ON AMOUNT.] Except as otherwise 24.11 provided herein, any county may, in accordance with chapter 475, 24.12 issue and sell its obligations, the total amount thereof not to 24.13 exceed the total of the preceding two years state-aid 24.14 allotments, for the purpose of establishing, locating, 24.15 relocating, constructing, reconstructing, and improving county 24.16 state-aid highways thereinand constructing buildings and other 24.17 facilities for maintaining county state-aid highways. In the 24.18 resolution providing for the issuance of the obligations, the 24.19 county board of the county shall irrevocably pledge and 24.20 appropriate to the sinking fund from which the obligations are 24.21 payable, an amount of the moneysmoney allotted or to be 24.22 allotted to the county from its account in the county state-aid 24.23 highway fund sufficient to pay the principal of and the interest 24.24 on the obligations as they respectively come due. The 24.25 obligations shall be issued in the amounts and on terms such 24.26 that the amount of principal and interest due in any calendar 24.27 year on the obligations, including any similar obligations of 24.28 the county which are outstanding, shall not exceed 50 percent of 24.29 the amount of the last annual allotment preceding the bond issue 24.30 received by the county from the construction account in the 24.31 county state-aid highway fund. All interest on the obligations 24.32 shall be paid out of the county's normal maintenance account in 24.33 the county state-aid highway fund. The obligations may be made 24.34 general obligations, but if moneysmoney of the county other 24.35 than moneysmoney received from the county state-aid highway 24.36 fund, areis used for payment of the obligations, the moneys25.1 money so used shall be restored to the appropriate fund from the 25.2 moneysmoney next received by the county from the construction 25.3 or maintenance account in the county state-aid highway fund 25.4 which areis not required to be paid into a sinking fund for 25.5 obligations. 25.6 Sec. 10. Minnesota Statutes 1996, section 162.181, 25.7 subdivision 3, is amended to read: 25.8 Subd. 3. [PROCEEDS TO BE USED FOR SPECIFIC PURPOSES.] 25.9 MoneysMoney received from the sale of the obligations and spent 25.10 for the establishment, location, relocation, construction, 25.11 reconstruction, and improvement of county state-aid highways 25.12 within the county shall be spent only in accordance with other 25.13 provisions of law and the rules of the transportation 25.14 commissioner relating to the establishment, location,25.15 relocation, construction, reconstruction, and improvement of25.16 county state-aid highways within the county issuing the25.17 obligationsthose purposes. 25.18 Sec. 11. Minnesota Statutes 1996, section 168.011, 25.19 subdivision 9, is amended to read: 25.20 Subd. 9. [BUS; INTERCITY BUS.] (a) "Bus" means (1) every 25.21 motor vehicle designed for carrying more than 15 passengers 25.22 including the driver and used for transporting persons, and(2) 25.23 every motor vehicle that is (i) designed for carrying more than 25.24 ten passengers including the driver, (ii) used for transporting 25.25 persons, and (iii) owned by a nonprofit organization and not 25.26 operated for hire or for commercial purposes, or (3) every motor 25.27 vehicle certified by the department of transportation as a 25.28 special transportation service provider vehicle and receiving 25.29 reimbursement as provided in section 256B.0625, subdivision 17. 25.30 (b) "Intercity bus" means any bus operating as a common 25.31 passenger carrier over regular routes and between fixed termini, 25.32 but excluding all buses operating wholly within the limits of 25.33 one city, or wholly within two or more contiguous cities, or 25.34 between contiguous cities and a terminus outside the corporate 25.35 limits of such cities, and not more than 20 miles distant 25.36 measured along the fixed route from such corporate limits. 26.1 Sec. 12. Minnesota Statutes 1996, section 168.018, is 26.2 amended to read: 26.3 168.018 [QUARTERLY REGISTRATION OF FARM TRUCKS.] 26.4 The owner of (1) any farm truck as defined in section 26.5 168.011, subdivision 17, or (2) a truck owned by a retailer who 26.6 is engaged in the intrastate transportation of fertilizer or 26.7 agricultural chemicals directly to a farm for on-farm use within 26.8 a radius of 50 miles of the retailer's business location, may 26.9 elect to register and license the farmtruck only for one or 26.10 more quarters of a registration year, at a tax of one-fourth of 26.11 the annual tax on the vehicle plus $5 for each quarterly 26.12 registration. The owner may not apply for quarterly 26.13 registration or renewal until seven days before the selected 26.14 quarter or concurrent quarters. The expiration date of a 26.15 registration shall be displayed on the license plate in such a 26.16 manner as the registrar shall direct. No farmtruck registered 26.17 on a quarterly basis shall be operated on the public streets and 26.18 highways more than ten days beyond the end of the quarter for 26.19 which it is registered unless the registration has been renewed 26.20 for another quarter or for the remainder of the registration 26.21 year. 26.22 For purposes of this section registration quarters shall 26.23 begin on March 1, June 1, September 1, and December 1. 26.24 Sec. 13. [168.1235] [VETERANS SERVICE ORGANIZATIONS; 26.25 SPECIAL LICENSE PLATE STICKERS.] 26.26 Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On 26.27 payment of a fee of $10 for each set of two license plates, or 26.28 for a single plate in the case of a motorcycle plate, payment of 26.29 the registration tax required by law, and compliance with other 26.30 laws relating to the registration and licensing of a passenger 26.31 automobile, pickup truck, van, self-propelled recreational 26.32 equipment, or motorcycle, as applicable, the registrar shall 26.33 issue a special license plate sticker for each plate to an 26.34 applicant who is a member of a congressionally chartered 26.35 veterans service organization and is an owner or joint owner of 26.36 a passenger automobile, pickup truck, van, self-propelled 27.1 recreational equipment, or motorcycle. 27.2 (b) The additional fee of $10 is payable at the time of 27.3 initial application for the special license plate stickers and 27.4 when the license plates must be replaced or renewed. An 27.5 applicant must not be issued more than two sets of special 27.6 license plate stickers for vehicles listed in paragraph (a) and 27.7 owned or jointly owned by the applicant. 27.8 (c) The commissioner of veterans affairs shall determine 27.9 what documentation is required by each applicant to show that 27.10 the applicant is a member of a congressionally chartered 27.11 veterans service organization and is entitled to the special 27.12 license plate stickers. 27.13 Subd. 2. [DESIGN.] (a) The commissioner of veterans 27.14 affairs, after consultation with each of the congressionally 27.15 chartered veterans service organizations, shall design the 27.16 special license plate stickers, subject to the approval of the 27.17 registrar. The emblem, symbol, or other pictorial 27.18 representation on the sticker must be at least as large as the 27.19 letters and numerals on the plate and the registrar shall allow 27.20 for plates with spaces for the stickers in place of a numeral or 27.21 letter. 27.22 (b) Each congressionally chartered veterans service 27.23 organization must arrange for any applicable rules of the 27.24 national organization to be changed or copyrights to be released 27.25 before the commissioner may issue special license plate stickers 27.26 to members of any particular service organization under this 27.27 section. 27.28 Subd. 3. [NUMBER ESTIMATED.] The commissioner of veterans 27.29 affairs shall estimate the number of special plate stickers that 27.30 will be required and submit the estimate to the registrar. 27.31 Subd. 4. [PLATE TRANSFERS.] Notwithstanding section 168.12 27.32 or other law to the contrary, on payment of a fee of $5, the 27.33 special plate stickers issued under subdivision 1, may be 27.34 transferred to other license plates on a passenger automobile, 27.35 pickup truck, van, motorcycle, or self-propelled recreational 27.36 equipment owned or jointly owned by the person to whom the 28.1 stickers were issued. 28.2 Subd. 5. [FEES CREDITED.] Fees collected under this 28.3 section must be paid into the state treasury and credited to the 28.4 highway user tax distribution fund. 28.5 Sec. 14. Minnesota Statutes 1996, section 168.1291, 28.6 subdivision 1, is amended to read: 28.7 Subdivision 1. [DEFINITION.] For purposes of this section 28.8 "special license plates" means license plates issued under 28.9 sections 168.12, subdivisions 2b to 2e; 168.123; 168.1235; 28.10 168.129; 168.1292; and 168.1296. 28.11 Sec. 15. Minnesota Statutes 1996, section 168.27, 28.12 subdivision 5a, is amended to read: 28.13 Subd. 5a. [CONSIGNMENT SALES.] No person may solicit, 28.14 accept, offer for sale, or sell motor vehicles for consignment 28.15 sale unless licensed as a new or used motor vehicle dealer, a 28.16 motor vehicle wholesaler, or a motor vehicle auctioneer. This 28.17 requirement does not apply to a licensed auctioneer selling 28.18 motor vehicles at an auction if, in the ordinary course of the 28.19 auctioneer's business, the sale of motor vehicles is incidental 28.20 to the sale of other real or personal property. Incidental 28.21 means up to a total of ten but no more than ten percent of the 28.22 items in the posted auction bill are motor vehicles. 28.23 Sec. 16. Minnesota Statutes 1996, section 168A.29, 28.24 subdivision 1, is amended to read: 28.25 Subdivision 1. [AMOUNTS.] (a) The department shall be paid 28.26 the following fees: 28.27 (1) for filing an application for and the issuance of an 28.28 original certificate of title, the sum of $2; 28.29 (2) for each security interest when first noted upon a 28.30 certificate of title, including the concurrent notation of any 28.31 assignment thereof and its subsequent release or satisfaction, 28.32 the sum of $2, except that no fee is due for a security interest 28.33 filed by a public authority under section 168A.05, subdivision 28.34 8; 28.35 (3) for the transfer of the interest of an owner and the 28.36 issuance of a new certificate of title, the sum of $2; 29.1 (4) for each assignment of a security interest when first 29.2 noted on a certificate of title, unless noted concurrently with 29.3 the security interest, the sum of $1; 29.4 (5) for issuing a duplicate certificate of title, the sum 29.5 of $4. 29.6 (b) After June 30, 1994, in addition to each of the fees 29.7 required under paragraph (a), clauses (1) and (3), the 29.8 department shall be paid :29.9 (1) from July 1, 1994, to June 30, 1997,$3.50 ; but then29.10 (2) after June 30, 1997, $1. 29.11 The additional fee collected under this paragraph must be 29.12 deposited in the transportation servicesspecial revenue fund 29.13 and credited to the state patrolpublic safety motor vehicle 29.14 account established in section 299D.10299A.70. 29.15 Sec. 17. Minnesota Statutes 1996, section 169.01, 29.16 subdivision 78, is amended to read: 29.17 Subd. 78. [RECREATIONAL VEHICLE COMBINATION.] 29.18 "Recreational vehicle combination" means a combination of 29.19 vehicles consisting of a pickup truck as defined in section 29.20 168.011, subdivision 29, attached by means of a fifth-wheel 29.21 coupling to a camper-semitrailer which has hitched to it a 29.22 trailer carrying a watercraft as defined in section 86B.005, 29.23 subdivision 18; off-highway motorcycle as defined in section 29.24 84.787, subdivision 7; motorcycle; motorized bicycle; snowmobile 29.25 as defined in section 84.81, subdivision 3; or all-terrain 29.26 vehicle as defined in section 84.92, subdivision 8. For 29.27 purposes of this subdivision: 29.28 (a) A "fifth-wheel coupling" is a coupling between a 29.29 camper-semitrailer and a towing pickup truck in which a portion 29.30 of the weight of the camper-semitrailer is carried over or 29.31 forward of the rear axle of the towing pickup. 29.32 (b) A "camper-semitrailer" is a trailer, other than a 29.33 manufactured home as defined in section 327B.01, subdivision 13, 29.34 designed for human habitation and used for vacation or 29.35 recreational purposes for limited periods. 29.36 Sec. 18. Minnesota Statutes 1996, section 169.045, 30.1 subdivision 1, is amended to read: 30.2 Subdivision 1. [DESIGNATION OF ROADWAYS, PERMIT.] The 30.3 governing body of any county, home rule charter or statutory 30.4 city, or town may by ordinance authorize the operation of 30.5 motorized golf carts, or four-wheel all-terrain vehicles, on 30.6 designated roadways or portions thereof under its jurisdiction. 30.7 Authorization to operate a motorized golf cart or four-wheel 30.8 all-terrain vehicle is by permit only. For purposes of this 30.9 section, a four-wheel all-terrain vehicle is a motorized 30.10 flotation-tired vehicle with four low-pressure tires that is 30.11 limited in engine displacement of less than 800 cubic 30.12 centimeters and total dry weight less than 600 pounds. 30.13 Sec. 19. Minnesota Statutes 1996, section 169.06, 30.14 subdivision 4, is amended to read: 30.15 Subd. 4. [OBEDIENCE TO AND REQUIRED TRAFFIC-CONTROL 30.16 DEVICES.] (a) The driver of any vehicle shall obey the 30.17 instructions of any official traffic-control device applicable 30.18 thereto placed in accordance with the provisions of this 30.19 chapter, unless otherwise directed by a traffic or police 30.20 officer, subject to the exceptions granted the driver of an 30.21 authorized emergency vehicle in this chapter. 30.22 (b) No provision of this chapter for which official 30.23 traffic-control devices are required shall be enforced against 30.24 an alleged violator if at the time and place of the alleged 30.25 violation an official device is not in proper position and 30.26 sufficiently legible to be seen by an ordinarily observant 30.27 person. Whenever a particular section does not state that 30.28 official traffic-control devices are required, such section 30.29 shall be effective even though no devices are erected or in 30.30 place. 30.31 (c) Whenever official traffic-control devices are placed in 30.32 position approximately conforming to the requirements of this 30.33 chapter, such devices shall be presumed to have been so placed 30.34 by the official act or direction of lawful authority, unless the 30.35 contrary shall be established by competent evidence. 30.36 (d) Any official traffic-control device placed pursuant to 31.1 the provisions of this chapter and purporting to conform to the 31.2 lawful requirements pertaining to such devices shall be presumed 31.3 to comply with the requirements of this chapter, unless the 31.4 contrary shall be established by competent evidence. 31.5 (e) A flagger in a designated work zone may stop vehicles 31.6 and hold vehicles in place until it is safe for the vehicles to 31.7 proceed. A person operating a motor vehicle that has been 31.8 stopped by a flagger in a designated work zone may proceed after 31.9 stopping only on instruction by the flagger. 31.10 Sec. 20. Minnesota Statutes 1996, section 169.14, 31.11 subdivision 3, is amended to read: 31.12 Subd. 3. [REDUCED SPEED REQUIRED.] (a) The driver of any 31.13 vehicle shall, consistent with the requirements, drive at an 31.14 appropriate reduced speed when approaching or passing an 31.15 authorized emergency vehicle stopped with emergency lights 31.16 flashing on any street or highway, when approaching and crossing 31.17 an intersection or railway grade crossing, when approaching and 31.18 going around a curve, when approaching a hill crest, when 31.19 traveling upon any narrow or winding roadway, and when special 31.20 hazards exist with respect to pedestrians or other traffic or by 31.21 reason of weather or highway conditions. 31.22 (b) A person who fails to reduce speed appropriately when 31.23 approaching or passing an authorized emergency vehicle stopped 31.24 with emergency lights flashing on a street or highway shall be 31.25 assessed an additional surcharge equal to the amount of the fine 31.26 imposed for the speed violation, but not less than $25. 31.27 Sec. 21. Minnesota Statutes 1996, section 169.14, 31.28 subdivision 5a, is amended to read: 31.29 Subd. 5a. [SPEED ZONING IN SCHOOL ZONES.] Local 31.30 authorities may establish a school speed limit within a school 31.31 zone of a public or nonpublic school upon the basis of an 31.32 engineering and traffic investigation as prescribed by the 31.33 commissioner of transportation. The establishment of a school 31.34 speed limit on any trunk highway shall be with the consent of 31.35 the commissioner of transportation. Such school speed limits 31.36 shall be in effect when children are present, going to or 32.1 leaving school during opening or closing hours or during school 32.2 recess periods. The school speed limit shall not be lower than 32.3 15 miles per hour and shall not be more than 20 miles per hour 32.4 below the established speed limit on an affected street or 32.5 highway if the established speed limit is 40 miles per hour or 32.6 greater. 32.7 The school speed limit shall be effective upon the erection 32.8 of appropriate signs designating the speed and indicating the 32.9 beginning and end of the reduced speed zone. Any speed in 32.10 excess of such posted school speed limit is unlawful. All such 32.11 signs shall be erected by the local authorities on those streets 32.12 and highways under their respective jurisdictions and by the 32.13 commissioner of transportation on trunk highways. 32.14 For the purpose of this subdivision, "school zone" means 32.15 that section of a street or highway which abuts the grounds of a 32.16 school where children have access to the street or highway from 32.17 the school property or where an established school crossing is 32.18 located provided the school advance sign prescribed by the 32.19 manual on uniform traffic control devices adopted by the 32.20 commissioner of transportation pursuant to section 169.06 is in 32.21 place. All signs erected by local authorities to designate 32.22 speed limits in school zones shall conform to the manual on 32.23 uniform control devices. 32.24 Notwithstanding section 609.0331 or 609.101 or other law to 32.25 the contrary, a person who violates a speed limit established 32.26 under this subdivision is assessed an additional surcharge equal 32.27 to the amount of the fine imposed for the violation, but not 32.28 less than $25. 32.29 Sec. 22. Minnesota Statutes 1996, section 169.17, is 32.30 amended to read: 32.31 169.17 [EMERGENCY VEHICLES.] 32.32 The speed limitations set forth in sections 169.14 to 32.33 169.17 do not apply to an authorized emergency vehicles when32.34 vehicle responding to an emergency calls, but the drivers32.35 thereof. Drivers of all emergency vehicles shall sound an 32.36 audible signal by siren and display at least one lighted red 33.1 light to the front, except that law enforcement vehicles or 33.2 medical emergency vehicles shall sound an audible signal by 33.3 siren or display at least one lighted red light to the front. 33.4 This provision does not relieve the driver of an authorized 33.5 emergency vehicle from the duty to drive with due regard for the 33.6 safety of persons using the street, nor does it protect the 33.7 driver of an authorized emergency vehicle from the consequence 33.8 of a reckless disregard of the safety of others. 33.9 Sec. 23. Minnesota Statutes 1996, section 169.21, 33.10 subdivision 2, is amended to read: 33.11 Subd. 2. [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where 33.12 traffic-control signals are not in place or in operation, the 33.13 driver of a vehicle shall stop to yield the right-of-way to a 33.14 pedestrian crossing the roadway within a marked crosswalk or 33.15 within any crosswalk at an intersection but no pedestrian shall 33.16 suddenly leave a curb or other place of safety and walk or run 33.17 into the path of a vehicle which is so close that it is 33.18 impossible for the driver to yield. This provision shall not 33.19 apply under the conditions as otherwise provided in this 33.20 subdivision. 33.21 (b) When any vehicle is stopped at a marked crosswalk or at 33.22 any unmarked crosswalk at an intersection to permit a pedestrian 33.23 to cross the roadway, the driver of any other vehicle 33.24 approaching from the rear shall not overtake and pass the 33.25 stopped vehicle. 33.26 (c) It is unlawful for any person to drive a motor vehicle 33.27 through a column of school children crossing a street or highway 33.28 or past a member of a school safety patrol or adult crossing 33.29 guard, while the member of the school safety patrol or adult 33.30 crossing guard is directing the movement of children across a 33.31 street or highway and while the school safety patrol member or 33.32 adult crossing guard is holding an official signal in the stop 33.33 position. A peace officer may arrest the driver of a motor 33.34 vehicle if the peace officer has probable cause to believe that 33.35 the driver has operated the vehicle in violation of this 33.36 paragraph within the past four hours. 34.1 (d) A person who violates this subdivision is guilty of a 34.2 misdemeanor and may be sentenced to imprisonment for not more 34.3 than 90 days or to payment of a fine of not more than $700, or 34.4 both. A person who violates this subdivision a second or 34.5 subsequent time within one year of a previous conviction under 34.6 this subdivision is guilty of a gross misdemeanor and may be 34.7 sentenced to imprisonment for not more than one year or to 34.8 payment of a fine of not more than $3,000, or both. 34.9 Sec. 24. Minnesota Statutes 1996, section 169.444, is 34.10 amended by adding a subdivision to read: 34.11 Subd. 1a. [PASSING ON RIGHT.] No person may pass or 34.12 attempt to pass a school bus in a motor vehicle on the 34.13 right-hand, passenger-door side of the bus when the school bus 34.14 is displaying the prewarning flashing amber signals as required 34.15 in section 169.443, subdivision 1. 34.16 Sec. 25. Minnesota Statutes 1996, section 169.444, 34.17 subdivision 2, is amended to read: 34.18 Subd. 2. [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person 34.19 who fails to stop a vehicle or to keep it stopped, as required 34.20 in subdivision 1, or who violates subdivision 1a, is guilty of a 34.21 misdemeanor punishable by a fine of not less than $300. 34.22 (b) A person is guilty of a gross misdemeanor if the person 34.23 fails to stop a motor vehicle or to keep it stopped, as required 34.24 in subdivision 1, or who violates subdivision 1a, and commits 34.25 either or both of the following acts: 34.26 (1) passes or attempts to pass the school bus in a motor 34.27 vehicle on the right-hand, passenger-door side of the bus; or 34.28 (2) passes or attempts to pass the school bus in a motor 34.29 vehicle when a school child is outside of and on the street or 34.30 highway used by the school bus or on the adjacent sidewalk. 34.31 Sec. 26. Minnesota Statutes 1996, section 169.444, 34.32 subdivision 5, is amended to read: 34.33 Subd. 5. [CAUSE FOR ARREST.] A peace officer may arrest 34.34 the driver of a motor vehicle if the peace officer has probable 34.35 cause to believe that the driver has operated the vehicle in 34.36 violation of subdivision 1 or 1a within the past four hours. 35.1 Sec. 27. Minnesota Statutes 1996, section 169.444, 35.2 subdivision 6, is amended to read: 35.3 Subd. 6. [VIOLATION; PENALTY FOR OWNERS AND LESSEES.] (a) 35.4 If a motor vehicle is operated in violation of subdivision 1 or 35.5 1a, the owner of the vehicle, or for a leased motor vehicle the 35.6 lessee of the vehicle, is guilty of a petty misdemeanor. 35.7 (b) The owner or lessee may not be fined under paragraph 35.8 (a) if (1) another person is convicted for that violation, or 35.9 (2) the motor vehicle was stolen at the time of the violation. 35.10 (c) Paragraph (a) does not apply to a lessor of a motor 35.11 vehicle if the lessor keeps a record of the name and address of 35.12 the lessee. 35.13 (d) Paragraph (a) does not prohibit or limit the 35.14 prosecution of a motor vehicle operator for violating 35.15 subdivision 1 or 1a. 35.16 (e) A violation under paragraph (a) does not constitute 35.17 grounds for revocation or suspension of the owner's or lessee's 35.18 driver's license. 35.19 Sec. 28. Minnesota Statutes 1996, section 169.444, 35.20 subdivision 7, is amended to read: 35.21 Subd. 7. [EVIDENTIARY PRESUMPTIONS.] (a) There is a 35.22 rebuttable presumption that signals described in section 169.442 35.23 were in working order and operable when a violation of 35.24 subdivision 1, 1a, 2, or 5 was allegedly committed, if the 35.25 signals of the applicable school bus were inspected and visually 35.26 found to be in working order and operable within 12 hours 35.27 preceding the incident giving rise to the violation. 35.28 (b) There is a rebuttable presumption that a motor vehicle 35.29 outwardly equipped and identified as a school bus satisfies all 35.30 of the identification and equipment requirements of section 35.31 169.441 when a violation of subdivision 1, 1a, 2, or 5 was 35.32 allegedly committed, if the applicable school bus bears a 35.33 current inspection certificate issued under section 169.451. 35.34 Sec. 29. Minnesota Statutes 1996, section 169.81, 35.35 subdivision 3c, is amended to read: 35.36 Subd. 3c. [RECREATIONAL VEHICLE COMBINATIONS.] 36.1 Notwithstanding subdivision 3, a recreational vehicle 36.2 combination may be operated without a permit if: 36.3 (1) the combination does not consist of more than three 36.4 vehicles, and the towing rating of the pickup truck is equal to 36.5 or greater than the total weight of all vehicles being towed; 36.6 (2) the combination does not exceed 60 feet in length; 36.7 (3) the camper-semitrailer in the combination does not 36.8 exceed 28 feet in length until August 1, 1997, and 26 feet36.9 thereafter; 36.10 (4) the operator of the combination is at least 18 years of 36.11 age; 36.12 (5) the trailer carrying a watercraft, motorcycle, 36.13 motorized bicycle, off-highway motorcycle, snowmobile, or 36.14 all-terrain vehicle meets all requirements of law; 36.15 (6) the trailers in the combination are connected to the 36.16 pickup truck and each other in conformity with section 169.82; 36.17 and 36.18 (7) the combination is not operated within the seven-county 36.19 metropolitan area, as defined in section 473.121, subdivision 2, 36.20 during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 36.21 p.m. on Mondays through Fridays. 36.22 Sec. 30. Minnesota Statutes 1996, section 169.85, is 36.23 amended to read: 36.24 169.85 [WEIGHING; PENALTY.] 36.25 Subdivision 1. [DRIVERS TO STOP FOR WEIGHING.] The driver 36.26 of a vehicle which has been lawfully stopped may be required by 36.27 a peace officer to submit the vehicle and load to a weighing by 36.28 means of portable or stationary scales, and the peace officer 36.29 may require that the vehicle be driven to the nearest available 36.30 scales if the distance to the scales is no further than five 36.31 miles, or if the distance from the point where the vehicle is 36.32 stopped to the vehicle's destination is not increased by more 36.33 than ten miles as a result of proceeding to the nearest 36.34 available scales. Official traffic control devices as 36.35 authorized by section 169.06 may be used to direct the driver to 36.36 the nearest scale. When a truck weight enforcement operation is 37.1 conducted by means of portable or stationary scales and signs 37.2 giving notice of the operation are posted within the highway 37.3 right-of-way and adjacent to the roadway within two miles of the 37.4 operation, the driver of a truck or combination of vehicles 37.5 registered for or weighing in excess of 12,000 pounds shall 37.6 proceed to the scale site and submit the vehicle to weighing and 37.7 inspection. 37.8 Subd. 2. [UNLOADING.] Upon weighing a vehicle and load, as 37.9 provided in this section, an officer may require the driver to 37.10 stop the vehicle in a suitable place and remain standing until a 37.11 portion of the load is removed that is sufficient to reduce the 37.12 gross weight of the vehicle to the limit permitted under section 37.13 169.825. A suitable place is a location where loading or 37.14 tampering with the load is not prohibited by federal, state, or 37.15 local law, rule or ordinance. A driver may be required to 37.16 unload a vehicle only if the weighing officer determines that 37.17 (a) on routes subject to the provisions of section 169.825, the 37.18 weight on an axle exceeds the lawful gross weight prescribed by 37.19 section 169.825, by 2,000 pounds or more, or the weight on a 37.20 group of two or more consecutive axles in cases where the 37.21 distance between the centers of the first and last axles of the 37.22 group under consideration is ten feet or less exceeds the lawful 37.23 gross weight prescribed by section 169.825, by 4,000 pounds or 37.24 more; or (b) on routes designated by the commissioner in section 37.25 169.832, subdivision 11, the overall weight of the vehicle or 37.26 the weight on an axle or group of consecutive axles exceeds the 37.27 maximum lawful gross weights prescribed by section 169.825; or 37.28 (c) the weight is unlawful on an axle or group of consecutive 37.29 axles on a road restricted in accordance with section 169.87. 37.30 Material unloaded must be cared for by the owner or driver of 37.31 the vehicle at the risk of the owner or driver. 37.32 Subd. 3. [VIOLATION.] A driver of a vehicle who (1) fails 37.33 or refuses to stop and submit the vehicle and load to a weighing 37.34 as required in this section, or who(2) fails or refuses, when 37.35 directed by an officer upon a weighing of the vehicle, to stop 37.36 the vehicle and otherwise comply with the provisions of this 38.1 section, or (3) fails to comply with an official traffic control 38.2 device as authorized by section 169.06 that directs the driver 38.3 to the nearest scale is guilty of a misdemeanor. 38.4 Subd. 4. [ARREST.] A peace officer may arrest the driver 38.5 of a motor vehicle if the peace officer has probable cause to 38.6 believe that the driver has operated the vehicle in violation of 38.7 subdivision 3 within the past four hours. 38.8 Subd. 5. [IDENTIFICATION OF DRIVER.] A person who owns or 38.9 leases a motor vehicle that a peace officer has probable cause 38.10 to believe has been operated in violation of subdivision 3 must 38.11 identify the driver of the motor vehicle upon request of the 38.12 peace officer. Violation of this subdivision is a petty 38.13 misdemeanor. 38.14 Sec. 31. Minnesota Statutes 1996, section 169.974, 38.15 subdivision 2, is amended to read: 38.16 Subd. 2. [LICENSE REQUIREMENTS.] No person shall operate a 38.17 motorcycle on any street or highway without having a valid 38.18 standard driver's license with a two-wheeled vehicle endorsement 38.19 as provided by law. No such two-wheeled vehicle endorsement 38.20 shall be issued unless the person applying therefor has in 38.21 possession a valid two-wheeled vehicle instruction permit as 38.22 provided herein, has passed a written examination and road test 38.23 administered by the department of public safety for such 38.24 endorsement, and, in the case of applicants under 18 years of 38.25 age, shall present a certificate or other evidence of having 38.26 successfully completed an approved two-wheeled vehicle driver's 38.27 safety course in this or another state, in accordance with rules 38.28 promulgated by the state board of education for courses offered 38.29 through the public schools, or rules promulgated by the 38.30 commissioner of public safety for courses offered by a private 38.31 or commercial school or institute. The commissioner of public 38.32 safety may waive the road test for any applicant on determining 38.33 that the applicant possesses a valid license to operate a 38.34 two-wheeled vehicle issued by a jurisdiction that requires a 38.35 comparable road test for license issuance. A two-wheeled 38.36 vehicle instruction permit shall be issued to any person over 16 39.1 years of age, who is in possession of a valid driver's license, 39.2 who is enrolled in an approved two-wheeled vehicle driver's 39.3 safety course, and who has passed a written examination for such 39.4 permit and has paid such fee as the commissioner of public 39.5 safety shall prescribe. A two-wheeled vehicle instruction 39.6 permit shall be effective for 45 daysone year, and may be 39.7 renewed under rules to be prescribed by the commissioner of 39.8 public safety. 39.9 No person who is operating by virtue of a two-wheeled 39.10 vehicle instruction permit shall: 39.11 (a) carry any passengers on the streets and highways of 39.12 this state on the motorcycle which the person is operating; 39.13 (b) drive the motorcycle at night time; 39.14 (c) drive the motorcycle on any highway marked by the 39.15 commissioner as an interstate highway pursuant to title 23 of 39.16 the United States Code; or 39.17 (d) drive the motorcycle without wearing protective 39.18 headgear that complies with standards established by the 39.19 commissioner of public safety. 39.20 Notwithstanding the provisions of this subdivision, the 39.21 commissioner of public safety may, however, issue a special 39.22 motorcycle permit, restricted or qualified in such manner as the 39.23 commissioner of public safety shall deem proper, to any person 39.24 demonstrating a need therefor and unable to qualify for a 39.25 standard driver's license. 39.26 Sec. 32. Minnesota Statutes 1996, section 171.06, 39.27 subdivision 2a, is amended to read: 39.28 Subd. 2a. [TWO-WHEELED VEHICLE ENDORSEMENT FEE 39.29 INCREASED.] (a) The fee for any duplicate driversdriver's 39.30 license which is obtained for the purpose of adding a 39.31 two-wheeled vehicle endorsement is increased by $16$18.50 for 39.32 each first such duplicate license and $13 for each renewal 39.33 thereof. The additional fee shall be paid into the state 39.34 treasury and credited as follows: 39.35 (1) $8.50$11 of the additional fee for each first 39.36 duplicate license, and $7 of the additional fee for each 40.1 renewal, must be credited to the motorcycle safety fund which is 40.2 hereby created; provided that any fee receipts in excess of 40.3 $750,000 in a fiscal year shall be credited 90 percent to the 40.4 trunk highway fund and ten percent to the general fund, as 40.5 provided in section 171.26. 40.6 (2) The remainder of the additional fee must be credited to 40.7 the general fund. 40.8 (b) All application forms prepared by the commissioner for 40.9 two-wheeled vehicle endorsements shall clearly contain the40.10 information thatstate the amount of the total fee charged for40.11 the endorsement, $7that is dedicated to the motorcycle safety 40.12 fund. 40.13 Sec. 33. Minnesota Statutes 1996, section 171.13, 40.14 subdivision 5, is amended to read: 40.15 Subd. 5. [EXAMINATION FEE FOR VEHICLE ENDORSEMENT.] Any 40.16 person applying to secure a motorcycle,school bus, tank 40.17 vehicle, passenger, double-trailer or triple-trailer, or 40.18 hazardous materials vehicle endorsement on the person's driver's 40.19 license shall pay a $2.50 examination fee at the place of 40.20 application. 40.21 Sec. 34. Minnesota Statutes 1996, section 171.13, is 40.22 amended by adding a subdivision to read: 40.23 Subd. 6. [INITIAL MOTORCYCLE ENDORSEMENT FEES.] A person 40.24 applying for an initial motorcycle endorsement on a driver's 40.25 license shall pay at the place of examination a total fee of 40.26 $21, which includes the examination fee and endorsement fee, but 40.27 does not include the fee for a duplicate driver's license 40.28 prescribed in section 171.06, subdivision 2. Of this amount, 40.29 $11 must be credited as provided in section 171.06, subdivision 40.30 2a, paragraph (a), clause (1), $2.50 must be credited to the 40.31 trunk highway fund, and the remainder must be credited to the 40.32 general fund. 40.33 Sec. 35. Minnesota Statutes 1996, section 171.29, 40.34 subdivision 2, is amended to read: 40.35 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 40.36 license has been revoked as provided in subdivision 1, except 41.1 under section 169.121 or 169.123, shall pay a $30 fee before the 41.2 driver's license is reinstated. 41.3 (b) A person whose driver's license has been revoked as 41.4 provided in subdivision 1 under section 169.121 or 169.123 shall 41.5 pay a $250 fee plus a $10 surcharge before the driver's license 41.6 is reinstated. The $250 fee is to be credited as follows: 41.7 (1) Twenty percent shall be credited to the trunk highway 41.8 fund. 41.9 (2) Fifty-five percent shall be credited to the general 41.10 fund. 41.11 (3) Eight percent shall be credited to a separate account 41.12 to be known as the bureau of criminal apprehension account. 41.13 Money in this account may be appropriated to the commissioner of 41.14 public safety and the appropriated amount shall be apportioned 41.15 80 percent for laboratory costs and 20 percent for carrying out 41.16 the provisions of section 299C.065. 41.17 (4) Twelve percent shall be credited to a separate account 41.18 to be known as the alcohol-impaired driver education account. 41.19 Money in the account may beis appropriated as follows: 41.20 (i) The first $200,000 in a fiscal year is to the 41.21 commissioner of children, families, and learning for programs in 41.22 elementary and secondary schools. 41.23 (ii) The remainder credited in a fiscal year is 41.24 appropriated to the commissioner of transportation to be spent 41.25 as grants to the Minnesota highway safety center at St. Cloud 41.26 State University for programs relating to alcohol and highway 41.27 safety education in elementary and secondary schools. 41.28 (5) Five percent shall be credited to a separate account to 41.29 be known as the traumatic brain injury and spinal cord injury 41.30 account. $100,000 is annually appropriated from the account to 41.31 the commissioner of human services for traumatic brain injury 41.32 case management services. The remaining money in the account is 41.33 annually appropriated to the commissioner of health to establish 41.34 and maintain the traumatic brain injury and spinal cord injury 41.35 registry created in section 144.662 and to reimburse the 41.36 commissioner of economic security for the reasonable cost of 42.1 services provided under section 268A.03, clause (o). 42.2 (c) The $10 surcharge shall be credited to a separate 42.3 account to be known as the remote electronic alcohol monitoring 42.4 pilot program account. Up to $250,000 is annually appropriated 42.5 from this account to the commissioner of corrections for a 42.6 remote electronic alcohol monitoring pilot program. The 42.7 unencumbered balance remaining in the first year of the biennium 42.8 does not cancel but is available for the second year. 42.9 Sec. 36. Minnesota Statutes 1996, section 173.13, 42.10 subdivision 4, is amended to read: 42.11 Subd. 4. [FEES.] The annual fee for each such permit or 42.12 renewal thereof shall be as follows: 42.13 (1) If the advertising area of the advertising device does 42.14 not exceed 50 square feet, the fee shall be $25$30. 42.15 (2) If the advertising area exceeds 50 square feet but does 42.16 not exceed 300 square feet, the fee shall be $50$60. 42.17 (3) If the advertising area exceeds 300 square feet, the 42.18 fee shall be $100$120. 42.19 (4) No fee shall be charged for a permit for official signs 42.20 and notices as they are defined in section 173.02, except that a 42.21 fee may be charged for a star city sign erected under section 42.22 173.085. 42.23 Sec. 37. Minnesota Statutes 1996, section 174.03, is 42.24 amended by adding a subdivision to read: 42.25 Subd. 6a. [ECONOMIC ANALYSIS OF NONHIGHWAY ALTERNATIVES.] 42.26 If the commissioner considers congestion pricing, tolls, mileage 42.27 pricing, or public-private partnerships in order to meet the 42.28 transportation needs of commuters in the department's 42.29 metropolitan district between 2001 and 2020, the commissioner 42.30 shall, in cooperation with the metropolitan council and the 42.31 regional railroad authorities in the district, compare the 42.32 economics of these financing methods with the economics of 42.33 nonhighway alternatives for moving commuters. The commissioner 42.34 shall analyze the economics as they relate to both individuals 42.35 and to the transportation system. 42.36 Sec. 38. Minnesota Statutes 1996, section 221.84, 43.1 subdivision 1, is amended to read: 43.2 Subdivision 1. [DEFINITION.] "Limousine service" means a 43.3 service that: 43.4 (1) is not provided on a regular route; 43.5 (2) is provided in an unmarkeda luxury passenger 43.6 automobile that is not a van or station wagon and has a seating 43.7 capacity of not more than 12 persons, excluding the driver; 43.8 (3) provides only prearranged pickup; and 43.9 (4) charges more than a taxicab fare for a comparable trip. 43.10 Sec. 39. Minnesota Statutes 1996, section 296.16, 43.11 subdivision 1, is amended to read: 43.12 Subdivision 1. [INTENT; GASOLINE USE.] All gasoline 43.13 received in this state and all gasoline produced in or brought 43.14 into this state except aviation gasoline and marine gasoline 43.15 shall be determined to be intended for use in motor vehicles in 43.16 this state. 43.17 Approximately 1-1/2 percent of all gasoline received in 43.18 this state and 1-1/2 percent of all gasoline produced or brought 43.19 into this state, except gasoline used for aviation purposes, is 43.20 being used as fuel for the operation of motorboats on the waters 43.21 of this state and of the total revenue derived from the 43.22 imposition of the gasoline fuel tax for uses other than for 43.23 aviation purposes, 1-1/2 percent of such revenues is the amount 43.24 of tax on fuel used in motorboats operated on the waters of this 43.25 state. 43.26 Approximately three-fourths ofone percent in fiscal years 43.27 1998 and 1999, and three-fourths of one percent thereafter, of 43.28 all gasoline received in and produced or brought into this 43.29 state, except gasoline used for aviation purposes, is being used 43.30 as fuel for the operation of snowmobiles in this state, and of 43.31 the total revenue derived from the imposition of the gasoline 43.32 fuel tax for uses other than for aviation 43.33 purposes, three-fourths ofone percent in fiscal years 1998 and 43.34 1999, and three-fourths of one percent thereafter, of such 43.35 revenues is the amount of tax on fuel used in snowmobiles 43.36 operated in this state. 44.1 Approximately 0.15 of one percent of all gasoline received 44.2 in or produced or brought into this state, except gasoline used 44.3 for aviation purposes, is being used for the operation of 44.4 all-terrain vehicles in this state, and of the total revenue 44.5 derived from the imposition of the gasoline fuel tax, 0.15 of 44.6 one percent is the amount of tax on fuel used in all-terrain 44.7 vehicles operated in this state. 44.8 Approximately 0.046 of one percent of all gasoline received 44.9 or produced in or brought into this state, except gasoline used 44.10 for aviation purposes, is being used for the operation of 44.11 off-highway motorcycles in this state, and of the total revenue 44.12 derived from the imposition of the gasoline fuel tax for uses 44.13 other than for aviation purposes, 0.046 of one percent is the 44.14 amount of tax on fuel used in off-highway motorcycles operated 44.15 in this state. 44.16 Approximately .164 of one percent of all gasoline received 44.17 or produced in or brought into this state, except gasoline used 44.18 for aviation purposes, is being used for the off-road operation 44.19 of off-road vehicles, as defined in section 84.797, in this 44.20 state, and of the total revenue derived from the imposition of 44.21 the gasoline fuel tax for uses other than aviation purposes, 44.22 .164 of one percent is the amount of tax on fuel used for 44.23 off-road operation of off-road vehicles in this state. 44.24 Sec. 40. Minnesota Statutes 1996, section 299A.38, 44.25 subdivision 2, is amended to read: 44.26 Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers 44.27 and heads of local law enforcement agencies who buy vests for 44.28 the use of peace officer employees may apply to the commissioner 44.29 for reimbursement of funds spent to buy vests. On approving an 44.30 application for reimbursement, the commissioner shall pay the 44.31 applicant an amount equal to the lesser of one-half of the 44.32 vest's purchase price or $300, as adjusted according to 44.33 subdivision 2a. The political subdivision that employs the 44.34 peace officer shall pay at least the lesser of one-half of the 44.35 vest's purchase price or $300, as adjusted according to 44.36 subdivision 2a. The political subdivision may not deduct or pay 45.1 its share of the vest's cost from any clothing, maintenance, or 45.2 similar allowance otherwise provided to the peace officer by the 45.3 law enforcement agency. 45.4 Sec. 41. Minnesota Statutes 1996, section 299A.38, is 45.5 amended by adding a subdivision to read: 45.6 Subd. 2a. [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 45.7 1, 1997, the commissioner of public safety shall adjust the $300 45.8 reimbursement amounts specified in subdivision 2, and in each 45.9 subsequent year, on October 1, the commissioner shall adjust the 45.10 reimbursement amount applicable immediately preceding that 45.11 October 1 date. The adjusted rate must reflect the annual 45.12 percentage change in the Consumer Price Index for all urban 45.13 consumers, published by the federal Bureau of Labor Statistics, 45.14 occurring in the one-year period ending on the preceding June 1. 45.15 Sec. 42. [299A.70] [PUBLIC SAFETY MOTOR VEHICLE ACCOUNT.] 45.16 The public safety motor vehicle account is created in the 45.17 special revenue fund, consisting of the fees collected under 45.18 section 168A.29, subdivision 1, paragraph (b). Money in the 45.19 account is annually appropriated to the commissioner for 45.20 purchasing and equipping department vehicles. 45.21 Sec. 43. Minnesota Statutes 1996, section 299C.10, 45.22 subdivision 4, is amended to read: 45.23 Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT; 45.24 APPROPRIATION.] The superintendent shall collect a fee in an 45.25 amount to cover the expense for each background check provided 45.26 for a purpose not directly related to the criminal justice 45.27 system or required by section 624.7131, 624.7132, or 624.714. 45.28 The proceeds of the fee must be deposited in a special account. 45.29 Until July 1, 1997,Money in the account is appropriated to the 45.30 commissioner to maintain and improve the quality of the criminal 45.31 record system in Minnesota. 45.32 Sec. 44. Minnesota Statutes 1996, section 299C.46, is 45.33 amended by adding a subdivision to read: 45.34 Subd. 2a. [NONCRIMINAL JUSTICE AGENCY DEFINED.] For the 45.35 purposes of sections 299C.46 to 299C.49, "noncriminal justice 45.36 agency" means an agency of a state or an agency of a political 46.1 subdivision of a state charged with the responsibility of 46.2 performing checks of state databases connected to the criminal 46.3 justice data communications network. 46.4 Sec. 45. Minnesota Statutes 1996, section 299C.46, 46.5 subdivision 3, is amended to read: 46.6 Subd. 3. [AUTHORIZED USE, FEE.] (a) The criminal justice 46.7 data communications network shall be used exclusively by: 46.8 (1) criminal justice agencies in connection with the 46.9 performance of duties required by law; 46.10 (2) agencies investigating federal security clearances of 46.11 individuals for assignment or retention in federal employment 46.12 with duties related to national security, as required by Public 46.13 Law Number 99-1691; and46.14 (3) other agencies to the extent necessary to provide for 46.15 protection of the public or property in an emergency or disaster 46.16 situation .; and 46.17 (4) noncriminal justice agencies statutorily mandated, by 46.18 state or national law, to conduct checks into state databases 46.19 prior to disbursing licenses or providing benefits. 46.20 (b) The commissioner of public safety shall establish a 46.21 monthly network access charge to be paid by each participating 46.22 criminal justice agency. The network access charge shall be a 46.23 standard fee established for each terminal, computer, or other 46.24 equipment directly addressable by the criminal justicedata 46.25 communications network, as follows: January 1, 1984 to December 46.26 31, 1984, $40 connect fee per month; January 1, 1985 and 46.27 thereafter, $50 connect fee per month. 46.28 (c) The commissioner of public safety is authorized to 46.29 arrange for the connection of the data communications network 46.30 with the criminal justice information system of the federal 46.31 government, any adjacent state, or Canada. 46.32 Sec. 46. [360.0151] [AIR SERVICE MARKETING PROGRAM.] 46.33 Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of 46.34 transportation shall establish an air service marketing program 46.35 to encourage the preservation and expansion of scheduled 46.36 passenger air carrier service to greater Minnesota. The 47.1 commissioner may spend funds appropriated from the state 47.2 airports fund for (1) air service marketing grants and (2) 47.3 conducting statewide studies to determine the feasibility of air 47.4 service initiatives. The commissioner may develop a single, 47.5 recognizable statewide marketing program to increase visibility 47.6 of and ridership at airports with scheduled air carrier service. 47.7 Subd. 2. [GRANTS AUTHORIZED.] (a) The commissioner may 47.8 make air service marketing grants to political subdivisions that 47.9 own and operate airports designated by order of the commissioner 47.10 as key airports. The commissioner shall make a project 47.11 agreement with each political subdivision receiving a grant 47.12 under this section that provides for: 47.13 (1) a detailed description of the project for which the 47.14 grant is provided; 47.15 (2) a schedule of the project; and 47.16 (3) the division of costs of the project between the state 47.17 and the recipient. 47.18 (b) Payments by the commissioner under a project agreement 47.19 may only be made to reimburse local costs already incurred. 47.20 Subd. 3. [USES OF GRANT.] (a) Costs for the following 47.21 activities related to commercial passenger air service at the 47.22 recipient's airport are eligible for reimbursement under this 47.23 section: 47.24 (1) advertising of service; 47.25 (2) public relations activities intended to educate the 47.26 public on the value of the airport and its commercial passenger 47.27 air service; 47.28 (3) marketing studies; or 47.29 (4) service improvement activities such as route analysis, 47.30 service studies, and other activities intended to preserve or 47.31 increase service from an existing or new-entry air carrier. 47.32 (b) A grant under this section may not be used for: 47.33 (1) an activity that promotes an airport within the service 47.34 area of another airport; 47.35 (2) a promotional activity that features one specific air 47.36 carrier at an airport when more than one air carrier serves the 48.1 airport; 48.2 (3) administrative costs associated with the marketing 48.3 program or with the routine operation of the airport; or 48.4 (4) payments to air carriers as fare subsidies, service 48.5 subsidies, or seat guarantees. 48.6 Sec. 47. Minnesota Statutes 1996, section 360.017, 48.7 subdivision 1, is amended to read: 48.8 Subdivision 1. [CREATION; AUTHORIZED DISBURSEMENTS.] (a) 48.9 There is hereby created a fund to be known as the state airports 48.10 fund. The fund shall consist of all money appropriated to it, 48.11 or directed to be paid into it, by the legislature. 48.12 (b) The state airports fund shall be paid out on 48.13 authorization of the commissioner and shall be used: 48.14 (1) to acquire, construct, improve, maintain, and operate 48.15 airports and other air navigation facilities and; 48.16 (2) to assist municipalities in the acquisition, 48.17 construction, improvement, and maintenance of airports and other 48.18 air navigation facilities . The fund may also be used; 48.19 (3) to assist municipalities to initiate, enhance, and 48.20 market scheduled air service at their airports; 48.21 (4) to promote interest and safety in aeronautics through 48.22 education and information .; and 48.23 (5) to pay the salaries and expenses inof the department 48.24 of transportation related to aeronautic planning, 48.25 administration, and operation shall be paid from the state48.26 airports fund. All allotments of money from the state airports 48.27 fund for salaries and expenses shall be approved by the 48.28 commissioner of finance. 48.29 Sec. 48. Minnesota Statutes 1996, section 457A.04, 48.30 subdivision 2, is amended to read: 48.31 Subd. 2. [COSTS.] An assistance agreement must specify 48.32 those project costs which may be paid in whole or in part with 48.33 assistance from the commissioner. Assistance agreements may 48.34 provide that only the following costs may be so paid: 48.35 (1) final engineering costs on a commercial navigation 48.36 facility project; 49.1 (2) capital improvements to a commercial navigation 49.2 facility; and 49.3 (3) costs of dredging necessary to open a new commercial 49.4 navigation facility project, to provide access to on-shore 49.5 facilities from existing channels, to provide for fleeting 49.6 operations, and for disposal of dredged material. 49.7 The following costs may not be paid with assistance from 49.8 the commissioner: 49.9 (1) the applicant's administrative, insurance, and legal 49.10 costs; 49.11 (2) costs of acquiring project permits; 49.12 (3) costs of preparing environmental documents, feasibility 49.13 studies, or project designs; 49.14 (4) interest on money borrowed by the applicant or charged 49.15 to the applicant for late payment of project costs; 49.16 (5) any costs related to the routine maintenance, repair, 49.17 or operation of a commercial navigation facility; and 49.18 (6) costs of dredging to maintain an existing channel ; and49.19 (7) costs for a project that involves only dredging. 49.20 Sec. 49. Minnesota Statutes 1996, section 473.408, 49.21 subdivision 7, is amended to read: 49.22 Subd. 7. [EMPLOYEE PLANDISCOUNT PASSES.] The council may 49.23 offer monthlypasses for regular route bus service for sale to 49.24 employers at a special discount subject to the provisions of49.25 this subdivision. An employer may be eligible to purchase49.26 passes at a special discount if the employer agrees to establish49.27 a payroll deduction plan as a means for its employees to49.28 purchase the passes at a price at or below the amount charged by49.29 the council. The special discount on passes sold pursuant to49.30 this subdivision shall be determined by the council.49.31 Sec. 50. Minnesota Statutes 1996, section 473.446, 49.32 subdivision 1a, is amended to read: 49.33 Subd. 1a. [TAXATION WITHIN TRANSIT AREA.] For the purposes 49.34 of sections 473.405 to 473.449, and the metropolitan transit 49.35 system, the metropolitan council shall levy upon all taxable 49.36 property within the metropolitan transit area but outside of the 50.1 metropolitan transit taxing district, defined in subdivision 2, 50.2 a transit tax, which shall be equal to ten percent of the sum of 50.3 the levies provided in subdivision 1, clauses (a) to (c). The 50.4 proceeds of this tax shall be used only for paratransit services 50.5 or ride sharing programs designed to serve persons located 50.6 within the transit area but outside of the transit taxing 50.7 district. 50.8 The regional transit board shall annually determine which50.9 cities and towns qualify for the 0.510 or 0.765 tax capacity50.10 rate reduction and certify this list to the county auditor on or50.11 before September 15. No changes shall be made to the list after50.12 September 15 of the same levy year.50.13 Sec. 51. [COMMUTER RAIL SERVICE STUDY.] 50.14 Subdivision 1. [STUDY.] The commissioner of 50.15 transportation, through the division of railroads and waterways, 50.16 shall conduct a study of the potential of utilizing freight rail 50.17 corridors in the Twin Cities metropolitan area for commuter rail 50.18 service. The commissioner shall perform the study in 50.19 coordination with the metropolitan council and metropolitan 50.20 regional rail authorities and shall consider, among other 50.21 things, the positive and negative effects of commuter rail 50.22 service on surrounding neighborhoods. 50.23 Subd. 2. [REPORT.] The commissioner shall report the 50.24 findings and recommendations of the study to the governor and 50.25 legislature by January 15, 1998, and February 1, 1999. If in 50.26 the report required by January 15, 1998, the commissioner 50.27 identifies one or more rail corridors that have potential for a 50.28 commuter rail demonstration project, the commissioner, alone or 50.29 in cooperation with the metropolitan council and one or more 50.30 metropolitan regional rail authorities, may propose legislation 50.31 to the 1998 legislative session that provides for acquisition or 50.32 lease of the corridors, improvements necessary for their use for 50.33 commuter rail purposes, acquisition of commuter rail rolling 50.34 stock, and operation of commuter rail services. 50.35 Subd. 3. [REGIONAL RAIL AUTHORITIES.] Nothing in this 50.36 section may be construed to prohibit or restrict a regional rail 51.1 authority in the performance of any duty or exercise of any 51.2 power under Minnesota Statutes, chapter 398A. 51.3 Sec. 52. [RAILROAD SERVICE PRESERVATION.] 51.4 No state or local agency or political subdivision may take 51.5 any action that would have the effect of precluding the use for 51.6 commuter rail service of any rail line that is providing rail 51.7 service within the seven-county metropolitan area on the 51.8 effective date of this section. 51.9 Sec. 53. [REPEALER.] 51.10 Minnesota Statutes 1996, section 299D.10, is repealed. 51.11 Sec. 54. [APPLICATION.] 51.12 Sections 49 and 50 apply in the counties of Anoka, Carver, 51.13 Dakota, Hennepin, Ramsey, Scott, and Washington. 51.14 Sec. 55. [EFFECTIVE DATES.] 51.15 (a) All provisions of this act that appropriate money for 51.16 fiscal year 1997 are effective the day following final enactment. 51.17 (b) Sections 2, 3, 9, 10, 46, 49, and 52 are effective the 51.18 day following final enactment. 51.19 (c) Sections 19, 20, 21, 23 to 28, and 30 are effective 51.20 August 1, 1997, and apply to violations committed on and after 51.21 that date.