as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; appropriating money for 1.3 the department of transportation and other agencies; 1.4 exempting from registration taxes vehicles owned by a 1.5 commercial driving school and used exclusively in 1.6 driver education and training; allowing payment of 1.7 prorated license fee following transfer of vehicle 1.8 from dealer; authorizing suspension of a vehicle's 1.9 registration in certain circumstances; requiring a 1.10 detachable postcard to be provided in a vehicle's 1.11 certificate of title and completed; increasing fees 1.12 paid to deputy registrars for vehicle registration 1.13 applications; establishing 25-mile per hour speed 1.14 limit in school zones; allowing certain lighting 1.15 devices mounted on delivery vehicles; requiring adult 1.16 driver license applicant to hold instruction permit 1.17 for six months; changing definition of "directional 1.18 signs"; requiring commissioner of transportation to be 1.19 responsible for design, construction, and operation of 1.20 commuter rail; requiring adoption of commuter rail 1.21 system plan; establishing design approval process for 1.22 commuter rail; creating commuter rail corridor 1.23 coordinating committee; modifying provisions relating 1.24 to motor carriers of passengers; modifying provisions 1.25 relating to regional rail authorities; requiring 1.26 commissioner to study feasibility of extending 1.27 Northstar commuter rail corridor from St. Cloud to 1.28 Little Falls; requiring report of metropolitan radio 1.29 board; extending existence of metropolitan radio 1.30 board; establishing priority for construction of light 1.31 rail transit; requiring metropolitan council and 1.32 others to develop regional master transit plan; 1.33 requiring commissioner of transportation to study 1.34 restoration of Amtrak rail passenger service; 1.35 requiring commissioner of public safety to make 1.36 recommendations concerning allowable vehicle lighting; 1.37 requiring office of strategic and long-range planning 1.38 to establish state development strategy and report to 1.39 legislature concerning I-94 corridor; extending life 1.40 of radio board and requiring a report; proposing an 1.41 amendment to the Minnesota Constitution, article XIV, 1.42 by adding a section to dedicate proceeds of sales tax 1.43 on motor vehicles; amending Minnesota Statutes 1998, 1.44 sections 168.011, subdivision 35; 168.012, subdivision 1.45 1; 168.013, subdivisions 2 and 6; 168.17; 168.301, 1.46 subdivisions 3 and 4; 168.33, subdivision 7; 168A.05, 2.1 subdivision 5; 168A.10, subdivisions 1, 2, and 5; 2.2 168A.30, subdivision 2; 169.01, by adding a 2.3 subdivision; 169.122, subdivision 5; 169.14, 2.4 subdivisions 2, 4, 5, and 5a; 169.55, subdivision 1; 2.5 169.58, by adding a subdivision; 171.04, subdivision 2.6 1; 171.05, subdivision 1a; 171.061, subdivision 4; 2.7 173.02, subdivision 6; 174A.02, subdivision 4; 2.8 174A.06; 221.011, subdivisions 15, 37, 38, and by 2.9 adding subdivisions; 221.021; 221.022; 221.025; 2.10 221.0251; 221.026, subdivision 2; 221.031, 2.11 subdivisions 1, 2, and 6; 221.036, subdivisions 1 and 2.12 3; 221.091; 221.122, subdivision 1; 221.124; 221.131, 2.13 subdivision 2; 221.141, subdivision 1; 221.172, 2.14 subdivision 10; 221.185, subdivisions 1, 2, 3, 4, 9, 2.15 and by adding a subdivision; 221.221, subdivision 3; 2.16 221.291, subdivision 4; 221.55; 297B.09, subdivision 2.17 1; 360.531, subdivision 3; 360.55, subdivision 4; 2.18 368.01, subdivision 12; 398A.04, subdivision 2; 2.19 412.221, subdivision 20; 458A.06, subdivision 5; 2.20 473.399; 473.3993, subdivision 3; 473.3994, 2.21 subdivisions 3, 4, and 10; and 609.671, subdivision 5; 2.22 Laws 1995, chapter 195, article 1, section 18; Laws 2.23 1997, chapter 159, article 1, sections 2, subdivision 2.24 7; and 4, subdivision 3; and Laws 1998, chapter 404, 2.25 section 17, subdivision 3; proposing coding for new 2.26 law in Minnesota Statutes, chapters 174; 221; and 473; 2.27 repealing Minnesota Statutes 1998, sections 168.011, 2.28 subdivision 36; 168.1281; 221.011, subdivisions 7, 9, 2.29 20, 21, 32, and 34; 221.041; 221.051; 221.061; 2.30 221.071; 221.081; 221.121, subdivisions 6b and 6h; 2.31 221.172, subdivision 9; 221.281; 221.85; and 473.3998. 2.32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.33 ARTICLE 1 2.34 TRANSPORTATION AND OTHER AGENCIES 2.35 APPROPRIATIONS 2.36 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.37 The sums shown in the columns marked "APPROPRIATIONS" are 2.38 appropriated from the general fund, or another named fund, to 2.39 the agencies and for the purposes specified in this act, to be 2.40 available for the fiscal years indicated for each purpose. The 2.41 figures "1999," "2000," and "2001," where used in this act, mean 2.42 that the appropriations listed under them are available for the 2.43 year ending June 30, 1999, June 30, 2000, or June 30, 2001, 2.44 respectively. If the figures are not used, the appropriations 2.45 are available for the year ending June 30, 2000, or June 30, 2.46 2001, respectively. The term "first year" means the year ending 2.47 June 30, 2000, and the term "second year" means the year ending 2.48 June 30, 2001. Appropriations for the year ending June 30, 2.49 1999, are in addition to appropriations made in previous years. 2.50 SUMMARY BY FUND 2.51 2000 2001 TOTAL 3.1 General $ 146,565,000 $ 84,640,000 $231,205,000 3.2 Airports 19,386,000 19,469,000 38,855,000 3.3 C.S.A.H. 365,063,000 371,624,000 736,687,000 3.4 Highway User 15,648,000 15,500,000 31,148,000 3.5 M.S.A.S. 105,549,000 107,394,000 212,943,000 3.6 Special Revenue 947,000 965,000 1,912,000 3.7 Trunk 3.8 Highway 1,038,922,000 1,045,735,000 2,084,657,000 3.9 TOTAL $1,692,080,000 $1,645,327,000 $3,337,407,000 3.10 APPROPRIATIONS 3.11 Available for the Year 3.12 Ending June 30 3.13 2000 2001 3.14 Sec. 2. TRANSPORTATION 3.15 Subdivision 1. Total 3.16 Appropriation $1,522,974,000 $1,475,684,000 3.17 The appropriations in this section are 3.18 from the trunk highway fund, except 3.19 when another fund is named. 3.20 Summary by Fund 3.21 2000 2001 3.22 General 78,137,000 16,385,000 3.23 Airports 19,336,000 19,419,000 3.24 C.S.A.H. 365,063,000 371,624,000 3.25 M.S.A.S. 105,549,000 107,624,000 3.26 Trunk Highway 954,889,000 960,862,000 3.27 The amounts that may be spent from this 3.28 appropriation for each program are 3.29 specified in the following subdivisions. 3.30 Subd. 2. Aeronautics 19,327,000 19,410,000 3.31 Summary by Fund 3.32 Airports 19,266,000 19,349,000 3.33 General 50,000 50,000 3.34 Trunk Highway 11,000 11,000 3.35 Except as otherwise provided, the 3.36 appropriations in this subdivision are 3.37 from the state airports fund. 3.38 The amounts that may be spent from this 3.39 appropriation for each activity are as 3.40 follows: 3.41 (a) Airport Development and Assistance 3.42 2000 2001 4.1 13,948,000 13,948,000 4.2 $12,846,000 the first year and 4.3 $12,846,000 the second year are for 4.4 navigational aids, construction grants, 4.5 and maintenance grants. If the 4.6 appropriation for either year is 4.7 insufficient, the appropriation for the 4.8 other year is available for it. 4.9 These appropriations must be spent in 4.10 accordance with Minnesota Statutes, 4.11 section 360.305, subdivision 4. 4.12 (b) Aviation Support 4.13 5,247,000 5,329,000 4.14 $65,000 the first year and $65,000 the 4.15 second year are for the civil air 4.16 patrol. 4.17 (c) Air Transportation Services 4.18 132,000 133,000 4.19 Summary by Fund 4.20 Airports 71,000 72,000 4.21 General 50,000 50,000 4.22 Trunk Highway 11,000 11,000 4.23 Subd. 3. Transit 76,356,000 16,224,000 4.24 Summary by Fund 4.25 General 76,032,000 15,892,000 4.26 Trunk Highway 324,000 332,000 4.27 The amounts that may be spent from this 4.28 appropriation for each activity are as 4.29 follows: 4.30 (a) Greater Minnesota Transit 4.31 Assistance 4.32 15,556,000 15,406,000 4.33 This appropriation is from the general 4.34 fund. Any unencumbered balance the 4.35 first year does not cancel but is 4.36 available for the second year. 4.37 $150,000 the first year is for the 4.38 access to jobs and training program as 4.39 described in Laws 1997, chapter 159, 4.40 article 1, section 2, subdivision 3, 4.41 paragraph (c). This appropriation is 4.42 available in both years of the biennium 4.43 and adds to the agency base. 4.44 (b) Transit Administration 4.45 800,000 818,000 4.46 Summary by Fund 4.47 General 476,000 486,000 5.1 Trunk Highway 324,000 332,000 5.2 (c) Light Rail Transit 5.3 60,000,000 -0- 5.4 This appropriation is from the general 5.5 fund and is for matching federal funds 5.6 for the planning, design, and 5.7 construction of light rail transit in 5.8 the Hiawatha corridor. This 5.9 appropriation may not be added to the 5.10 agency's budget base. 5.11 Subd. 4. Railroads and Waterways 1,573,000 1,565,000 5.12 Summary by Fund 5.13 General 309,000 266,000 5.14 Trunk Highway 1,264,000 1,299,000 5.15 $40,000 the first year from the general 5.16 fund is to study Amtrak passenger 5.17 service to connect the Twin Cities with 5.18 Duluth and the iron range. 5.19 $10,000 the first year from the general 5.20 fund is to study the feasibility of 5.21 extending the Northstar commuter rail 5.22 corridor to Little Falls. 5.23 Subd. 5. Motor Carrier Regulation 2,951,000 2,946,000 5.24 Summary by Fund 5.25 General 116,000 119,000 5.26 Trunk Highway 2,835,000 2,827,000 5.27 $401,000 the first year and $330,000 5.28 the second year from the trunk highway 5.29 fund are for administration of 5.30 passenger carrier registration. 5.31 Subd. 6. Local Roads 470,612,000 479,018,000 5.32 Summary by Fund 5.33 C.S.A.H. 365,063,000 371,624,000 5.34 M.S.A.S. 105,549,000 107,394,000 5.35 The amounts that may be spent from this 5.36 appropriation for each activity are as 5.37 follows: 5.38 (a) County State Aids 5.39 365,063,000 371,624,000 5.40 This appropriation is from the county 5.41 state-aid highway fund and is available 5.42 until spent. 5.43 (b) Municipal State Aids 5.44 105,549,000 107,394,000 5.45 This appropriation is from the 5.46 municipal state-aid street fund and is 6.1 available until spent. 6.2 If an appropriation for either county 6.3 state aids or municipal state aids does 6.4 not exhaust the balance in the fund 6.5 from which it is made in the year for 6.6 which it is made, the commissioner of 6.7 finance, upon request of the 6.8 commissioner of transportation, shall 6.9 notify the chair of the transportation 6.10 budget division of the senate and the 6.11 chair of the transportation budget 6.12 division of the house of 6.13 representatives of the amount of the 6.14 remainder and shall then add that 6.15 amount to the appropriation. The 6.16 amount added is appropriated for the 6.17 purposes of county state aids or 6.18 municipal state aids, as appropriate. 6.19 Subd. 7. State Roads 908,548,000 912,200,000 6.20 Summary by Fund 6.21 General 1,581,000 9,000 6.22 Trunk Highway 906,967,000 912,191,000 6.23 The amounts that may be spent from this 6.24 appropriation for each activity are as 6.25 follows: 6.26 (a) State Road Construction 6.27 514,434,000 513,452,000 6.28 It is estimated that these 6.29 appropriations will be funded as 6.30 follows: 6.31 Federal Highway Aid 6.32 275,000,000 275,000,000 6.33 Highway User Taxes 6.34 239,434,000 238,452,000 6.35 The commissioner of transportation 6.36 shall notify the chair of the 6.37 transportation budget division of the 6.38 senate and chair of the transportation 6.39 finance committee of the house of 6.40 representatives quarterly of any events 6.41 that should cause these estimates to 6.42 change. 6.43 This appropriation is for the actual 6.44 construction, reconstruction, and 6.45 improvement of trunk highways. This 6.46 includes the cost of actual payment to 6.47 landowners for lands acquired for 6.48 highway rights-of-way, payment to 6.49 lessees, interest subsidies, and 6.50 relocation expenses. 6.51 The commissioner shall transfer 6.52 $2,500,000 the first year and 6.53 $2,500,000 the second year to the trunk 6.54 highway revolving loan account. 7.1 $1,000,000 of this appropriation in the 7.2 first year is for matching grants to 7.3 counties or statutory or home rule 7.4 charter cities for trunk highway noise 7.5 barriers, which may include, but are 7.6 not limited to, fences, walls, earthen 7.7 berms, and landscaping buffers. The 7.8 grants may be dispensed only on a 7.9 matching basis with the state providing 7.10 no more than two-thirds of the cost of 7.11 the project when matched by no less 7.12 than one-third from the county or 7.13 city. The maximum amount of a grant 7.14 from the state must not exceed $300,000 7.15 for any county or city for a single 7.16 project. 7.17 The commissioner may receive money 7.18 covering other shares of the cost of 7.19 partnership projects. These receipts 7.20 are appropriated to the commissioner 7.21 for these projects. 7.22 (b) Highway Debt Service 7.23 13,949,000 13,175,000 7.24 $3,949,000 the first year and 7.25 $3,175,000 the second year are for 7.26 transfer to the state bond fund. 7.27 If this appropriation is insufficient 7.28 to make all transfers required in the 7.29 year for which it is made, the 7.30 commissioner of finance shall notify 7.31 the committee on state government 7.32 finance of the senate and the committee 7.33 on ways and means of the house of 7.34 representatives of the amount of the 7.35 deficiency and shall then transfer that 7.36 amount under the statutory open 7.37 appropriation. 7.38 Any excess appropriation must be 7.39 canceled to the trunk highway fund. 7.40 (c) Research and Investment Management 7.41 12,450,000 12,597,000 7.42 $600,000 the first year and $600,000 7.43 the second year are available for 7.44 grants for transportation studies 7.45 outside the metropolitan area to 7.46 identify critical concerns, problems, 7.47 and issues. These grants are available 7.48 to (1) regional development 7.49 commissions, and (2) in regions where 7.50 no regional development commission is 7.51 functioning, joint powers boards 7.52 established under agreement of two or 7.53 more political subdivisions in the 7.54 region to exercise the planning 7.55 functions of a regional development 7.56 commission, and (3) in regions where no 7.57 regional development commission or 7.58 joint powers board is functioning, the 7.59 department's district office for that 7.60 region. 7.61 $216,000 the first year and $216,000 8.1 the second year are available for 8.2 grants to metropolitan planning 8.3 organizations outside the seven-county 8.4 metropolitan area. 8.5 $75,000 the first year and $25,000 the 8.6 second year are for transportation 8.7 planning relating to the 2000 census. 8.8 This appropriation may not be added to 8.9 the agency's budget base. 8.10 $75,000 the first year and $75,000 the 8.11 second year are for a transportation 8.12 research contingent account to finance 8.13 research projects that are reimbursable 8.14 from the federal government or from 8.15 other sources. If the appropriation 8.16 for either year is insufficient, the 8.17 appropriation for the other year is 8.18 available for it. 8.19 (d) Central Engineering Services 8.20 67,965,000 69,068,000 8.21 (e) Design and Construction Engineering 8.22 79,994,000 81,374,000 8.23 $1,000,000 the first year and $500,000 8.24 the second year are for transportation 8.25 planning relating to the 2000 census. 8.26 This appropriation may not be added to 8.27 the agency's budget base. 8.28 (f) State Road Operations 8.29 211,203,000 217,061,000 8.30 $3,000,000 the first year and 8.31 $3,000,000 the second year are from the 8.32 trunk highway fund to address staffing 8.33 levels by adding positions in highway 8.34 maintenance and program delivery in the 8.35 districts. At least $1,950,000 in each 8.36 year must be used for line positions in 8.37 the metropolitan districts. Remaining 8.38 amounts must be used for line positions 8.39 in nonmetropolitan districts. 8.40 $2,000,000 the first year and 8.41 $4,000,000 the second year from the 8.42 trunk highway fund are for pavement 8.43 striping. 8.44 (g) Electronic Communications 8.45 8,628,000 5,543,000 8.46 Summary by Fund 8.47 General 1,581,000 9,000 8.48 Trunk Highway 7,047,000 5,534,000 8.49 $9,000 the first year and $9,000 the 8.50 second year are from the general fund 8.51 for equipment and operation of the 8.52 Roosevelt signal tower for Lake of the 8.53 Woods weather broadcasting. 9.1 $1,581,000 from the general fund and 9.2 $1,622,000 from the trunk highway fund 9.3 the first year are for completion of 9.4 phase I of the 800 MHz public safety 9.5 radio system in the metropolitan area. 9.6 This appropriation may not be added to 9.7 the agency's budget base. 9.8 Subd. 8. General Support 40,231,000 40,946,000 9.9 Summary by Fund 9.10 General 49,000 49,000 9.11 Airports 70,000 70,000 9.12 Trunk Highway 40,112,000 40,827,000 9.13 The amounts that may be spent from this 9.14 appropriation for each activity are as 9.15 follows: 9.16 (a) General Management 9.17 28,523,000 29,181,000 9.18 (b) General Services 9.19 11,708,000 11,765,000 9.20 Summary by Fund 9.21 General 49,000 49,000 9.22 Airports 70,000 70,000 9.23 Trunk Highway 11,589,000 11,646,000 9.24 If the appropriation for either year is 9.25 insufficient, the appropriation for the 9.26 other year is available for it. 9.27 $1,000,000 the first year and 9.28 $1,000,000 the second year are from the 9.29 trunk highway fund for implementation 9.30 of the department's plan for shared 9.31 information resources. 9.32 Subd. 9. Buildings 3,376,000 3,375,000 9.33 If the appropriation for either year is 9.34 insufficient, the appropriation for the 9.35 other year is available for it. 9.36 Subd. 10. Transfers 9.37 (a) The commissioner of transportation 9.38 with the approval of the commissioner 9.39 of finance may transfer unencumbered 9.40 balances among the appropriations from 9.41 the trunk highway fund and the state 9.42 airports fund made in this section. No 9.43 transfer may be made from the 9.44 appropriation for state road 9.45 construction. No transfer may be made 9.46 from the appropriations for debt 9.47 service to any other appropriation. 9.48 Transfers under this paragraph may not 9.49 be made between funds. Transfers must 9.50 be reported immediately to the chair of 9.51 the transportation budget division of 10.1 the senate and the chair of the 10.2 transportation finance committee of the 10.3 house of representatives. 10.4 (b) The commissioner of finance shall 10.5 transfer from the flexible account in 10.6 the county state-aid highway fund 10.7 $4,400,000 the first year and 10.8 $4,500,000 the second year to the 10.9 municipal turnback account in the 10.10 municipal state-aid street fund and the 10.11 remainder in each year to the county 10.12 turnback account in the county 10.13 state-aid highway fund. 10.14 Subd. 11. Use of State Road 10.15 Construction Appropriations 10.16 Any money appropriated to the 10.17 commissioner of transportation for 10.18 state road construction for any fiscal 10.19 year before fiscal year 2000 is 10.20 available to the commissioner during 10.21 fiscal years 2000 and 2001 to the 10.22 extent that the commissioner spends the 10.23 money on the state road construction 10.24 project for which the money was 10.25 originally encumbered during the fiscal 10.26 year for which it was appropriated. 10.27 The commissioner of transportation 10.28 shall report to the commissioner of 10.29 finance by August 1, 2000, and August 10.30 1, 2001, on a form the commissioner of 10.31 finance provides, on expenditures made 10.32 during the previous fiscal year that 10.33 are authorized by this subdivision. 10.34 Subd. 12. Contingent Appropriation 10.35 The commissioner of transportation, 10.36 with the approval of the governor after 10.37 consultation with the legislative 10.38 advisory commission under Minnesota 10.39 Statutes, section 3.30, may transfer 10.40 all or part of the unappropriated 10.41 balance in the trunk highway fund to an 10.42 appropriation (1) for trunk highway 10.43 design, construction, or inspection in 10.44 order to take advantage of an 10.45 unanticipated receipt of income to the 10.46 trunk highway fund, (2) for trunk 10.47 highway maintenance in order to meet an 10.48 emergency, or (3) to pay tort or 10.49 environmental claims. The amount 10.50 transferred is appropriated for the 10.51 purpose of the account to which it is 10.52 transferred. 10.53 Sec. 3. METROPOLITAN COUNCIL 10.54 TRANSIT 57,151,000 56,801,000 10.55 This appropriation is from the general 10.56 fund. 10.57 $350,000 the first year is for the 10.58 access to jobs and training program 10.59 described in Laws 1997, chapter 159, 10.60 article 1, section 3, subdivision 1. 10.61 This appropriation is available in both 10.62 years of the biennium and adds to the 11.1 agency base. 11.2 Sec. 4. PUBLIC SAFETY 11.3 Subdivision 1. Total 11.4 Appropriation 110,716,000 111,772,000 11.5 Summary by Fund 11.6 2000 2001 11.7 General 11,095,000 11,441,000 11.8 Trunk 11.9 Highway 83,151,000 83,991,000 11.10 Highway User 15,523,000 15,375,000 11.11 Special 11.12 Revenue 947,000 965,000 11.13 Subd. 2. Administration 11.14 and Related Services 12,740,000 12,976,000 11.15 Summary by Fund 11.16 General 4,478,000 4,555,000 11.17 Trunk Highway 6,877,000 7,036,000 11.18 Highway User 1,385,000 1,385,000 11.19 (a) Office of Communications 11.20 374,000 382,000 11.21 Summary by Fund 11.22 General 20,000 20,000 11.23 Trunk Highway 354,000 362,000 11.24 (b) Public Safety Support 11.25 7,653,000 7,811,000 11.26 Summary by Fund 11.27 General 3,014,000 3,085,000 11.28 Trunk Highway 3,273,000 3,360,000 11.29 Highway User 1,366,000 1,366,000 11.30 $326,000 the first year and $326,000 11.31 the second year are for payment of 11.32 public safety officer survivor benefits 11.33 under Minnesota Statutes, section 11.34 299A.44. If the appropriation for 11.35 either year is insufficient, the 11.36 appropriation for the other year is 11.37 available for it. 11.38 $244,000 the first year and $314,000 11.39 the second year are to be deposited in 11.40 the public safety officer's benefit 11.41 account. This money is available for 11.42 reimbursements under Minnesota 11.43 Statutes, section 299A.465. 11.44 $508,000 the first year and $508,000 12.1 the second year are for soft body armor 12.2 reimbursements under Minnesota 12.3 Statutes, section 299A.38. 12.4 $1,830,000 the first year and 12.5 $1,830,000 the second year are 12.6 appropriated from the general fund for 12.7 transfer by the commissioner of finance 12.8 to the trunk highway fund on December 12.9 31, 1999, and December 31, 2000, 12.10 respectively, in order to reimburse the 12.11 trunk highway fund for expenses not 12.12 related to the fund. These represent 12.13 amounts appropriated out of the trunk 12.14 highway fund for general fund purposes 12.15 in the administration and related 12.16 services program. 12.17 $610,000 the first year and $610,000 12.18 the second year are appropriated from 12.19 the highway user tax distribution fund 12.20 for transfer by the commissioner of 12.21 finance to the trunk highway fund on 12.22 December 31, 1999, and December 31, 12.23 2000, respectively, in order to 12.24 reimburse the trunk highway fund for 12.25 expenses not related to the fund. 12.26 These represent amounts appropriated 12.27 out of the trunk highway fund for 12.28 highway user tax distribution fund 12.29 purposes in the administration and 12.30 related services program. 12.31 $716,000 the first year and $716,000 12.32 the second year are appropriated from 12.33 the highway user tax distribution fund 12.34 for transfer by the commissioner of 12.35 finance to the general fund on December 12.36 31, 1999, and December 31, 2000, 12.37 respectively, in order to reimburse the 12.38 general fund for expenses not related 12.39 to the fund. These represent amounts 12.40 appropriated out of the general fund 12.41 for operation of the criminal justice 12.42 data network related to driver and 12.43 motor vehicle licensing. 12.44 (c) Technical Support Services 12.45 4,713,000 4,783,000 12.46 Summary by Fund 12.47 General 1,444,000 1,450,000 12.48 Trunk Highway 3,250,000 3,314,000 12.49 Highway User 19,000 19,000 12.50 Subd. 3. State Patrol 57,437,000 57,937,000 12.51 Summary by Fund 12.52 2000 2001 12.53 General 2,389,000 2,458,000 12.54 Trunk Highway 54,957,000 55,387,000 12.55 Highway User 91,000 92,000 13.1 (a) Patrolling Highways 13.2 47,362,000 47,647,000 13.3 This appropriation is from the trunk 13.4 highway fund. 13.5 $1,169,000 the first year is for 13.6 replacement of a state patrol 13.7 helicopter. This appropriation may not 13.8 be added to the agency's budget base. 13.9 $735,000 the first year and $843,000 13.10 the second year are for annual hiring 13.11 of trooper candidates and operation of 13.12 the state patrol entry-level recruit 13.13 training academy. 13.14 (b) Commercial Vehicle Enforcement 13.15 6,013,000 6,117,000 13.16 This appropriation is from the trunk 13.17 highway fund. 13.18 (c) Capitol Security 13.19 2,734,000 2,805,000 13.20 Summary by Fund 13.21 General 2,581,000 2,651,000 13.22 Trunk Highway 153,000 154,000 13.23 $229,000 the first year and $230,000 13.24 the second year from the general fund 13.25 are for capitol security personnel and 13.26 $153,000 the first year and $154,000 13.27 the second year from the trunk highway 13.28 fund are for additional trooper 13.29 personnel for the protection of elected 13.30 state officials. 13.31 (d) State Patrol Support 13.32 1,710,000 1,752,000 13.33 Summary by Fund 13.34 General 37,000 37,000 13.35 Trunk Highway 1,582,000 1,623,000 13.36 Highway User 91,000 92,000 13.37 Subd. 4. Driver and 13.38 Vehicle Services 38,845,000 39,139,000 13.39 Summary by Fund 13.40 2000 2001 13.41 General 3,938,000 4,137,000 13.42 Trunk Highway 20,860,000 21,104,000 13.43 Highway User 14,047,000 13,898,000 13.44 (a) Vehicle Registration 13.45 and Title 14.1 15,437,000 15,435,000 14.2 Summary by Fund 14.3 General 3,291,000 3,473,000 14.4 Trunk Highway 12,146,000 11,962,000 14.5 $45,000 the first year is from the 14.6 highway user tax distribution fund for 14.7 purchase of an optical scanner. This 14.8 appropriation may not be added to the 14.9 agency's budget base. 14.10 (b) Interstate Registration 14.11 and Reciprocity 14.12 1,584,000 1,613,000 14.13 This appropriation is from the highway 14.14 user tax distribution fund. 14.15 (c) Licensing Drivers 14.16 21,176,000 21,429,000 14.17 Summary by Fund 14.18 General 635,000 652,000 14.19 Trunk Highway 20,464,000 20,699,000 14.20 Highway User 77,000 78,000 14.21 $1,095,000 the first year and $800,000 14.22 the second year are from the trunk 14.23 highway fund for improved driver 14.24 testing services. 14.25 (d) Driver and Vehicle Services 14.26 Support 14.27 648,000 662,000 14.28 Summary by Fund 14.29 General 12,000 12,000 14.30 Trunk Highway 396,000 405,000 14.31 Highway User 240,000 245,000 14.32 Subd. 5. Traffic Safety 365,000 371,000 14.33 Summary by Fund 14.34 General 61,000 61,000 14.35 Trunk Highway 304,000 310,000 14.36 Subd. 6. Pipeline Safety 947,000 965,000 14.37 This appropriation is from the pipeline 14.38 safety account in the special revenue 14.39 fund. 14.40 Sec. 5. MINNESOTA SAFETY COUNCIL 94,000 95,000 14.41 Summary by Fund 15.1 General 12,000 13,000 15.2 Trunk Highway 82,000 82,000 15.3 Sec. 6. OFFICE OF STRATEGIC AND 15.4 LONG-RANGE PLANNING 50,000 -0- 15.5 This appropriation is from the general 15.6 fund for preparing the state long-range 15.7 development strategy. 15.8 Sec. 7. GENERAL CONTINGENT 15.9 ACCOUNTS 375,000 375,000 15.10 The appropriations in this section may 15.11 only be spent with the approval of the 15.12 governor after consultation with the 15.13 legislative advisory commission 15.14 pursuant to Minnesota Statutes, section 15.15 3.30. 15.16 If an appropriation in this section for 15.17 either year is insufficient, the 15.18 appropriation for the other year is 15.19 available for it. 15.20 Summary by Fund 15.21 Trunk Highway 200,000 200,000 15.22 Highway User 125,000 125,000 15.23 Airports 50,000 50,000 15.24 Sec. 8. TORT CLAIMS 600,000 600,000 15.25 To be spent by the commissioner of 15.26 finance. 15.27 This appropriation is from the trunk 15.28 highway fund. 15.29 If the appropriation for either year is 15.30 insufficient, the appropriation for the 15.31 other year is available for it. 15.32 Sec. 9. Laws 1997, chapter 159, article 1, section 2, 15.33 subdivision 7, is amended to read: 15.34 Subd. 7. State Roads 9,000,000 807,314,000 817,712,000 15.35 Summary by Fund 15.36 1997 1998 1999 15.37 General 109,000 109,000 15.38 Trunk Highway 9,000,000 807,205,000 817,603,000 15.39 The amounts that may be spent from this 15.40 appropriation for each activity are as 15.41 follows: 15.42 (a) State Road Construction 15.43 9,000,000 445,822,000 445,838,000 15.44 It is estimated that these 15.45 appropriations will be funded as 15.46 follows: 16.1 Federal Highway Aid 16.2 225,000,000 225,000,000 16.3 Highway User Taxes 16.4 220,822,000 220,838,000 16.5 The commissioner of transportation 16.6 shall notify the chair of the 16.7 transportation budget division of the 16.8 senate and chair of the transportation 16.9 budget division of the house of 16.10 representatives quarterly of any events 16.11 that should cause these estimates to 16.12 change. 16.13 This appropriation is for the actual 16.14 construction, reconstruction, and 16.15 improvement of trunk highways. This 16.16 includes the cost of actual payment to 16.17 landowners for lands acquired for 16.18 highway rights-of-way, payment to 16.19 lessees, interest subsidies, and 16.20 relocation expenses. 16.21 The appropriation for fiscal year 1997 16.22 is for state road construction and is 16.23 added to the appropriations in Laws 16.24 1995, chapter 265, article 2, section 16.25 2, subdivision 7, clause (a). The 16.26 commissioner, with the approval of the 16.27 commissioner of finance, may spend up 16.28 to $7,100,000 of this appropriation for 16.29 state road operations for flood relief 16.30 efforts. 16.31 Of this appropriation, up to 16.32 $15,000,000 the first year and up to 16.33 $15,000,000 the second year may be 16.34 transferred by the commissioner to the 16.35 trunk highway revolving loan account if 16.36 this account is created in the trunk 16.37 highway fund. 16.38 The commissioner of transportation may 16.39 receive money covering other shares of 16.40 the cost of partnership projects. 16.41 These receipts are appropriated to the 16.42 commissioner for these projects. 16.43 Before proceeding with a project, or a 16.44 series of projects on a single highway, 16.45 with a cost exceeding $10,000,000, the 16.46 commissioner shall consider the 16.47 feasibility of alternative means of 16.48 financing the project or series of 16.49 projects, including but not limited to 16.50 congestion pricing, tolls, mileage 16.51 pricing, and public-private partnership. 16.52 (b) Highway Debt Service 16.53 15,161,000 13,539,000 16.54 $5,951,000 the first year and 16.55 $5,403,000 the second year are for 16.56 transfer to the state bond fund. 16.57 If this appropriation is insufficient 16.58 to make all transfers required in the 17.1 year for which it is made, the 17.2 commissioner of finance shall notify 17.3 the committee on state government 17.4 finance of the senate and the committee 17.5 on ways and means of the house of 17.6 representatives of the amount of the 17.7 deficiency and shall then transfer that 17.8 amount under the statutory open 17.9 appropriation. 17.10 Any excess appropriation must be 17.11 canceled to the trunk highway fund. 17.12 (c) Research and Investment Management 17.13 11,606,000 11,791,000 17.14 $600,000 the first year and $600,000 17.15 the second year are available for 17.16 grants for transportation studies 17.17 outside the metropolitan area for 17.18 transportation studies to identify 17.19 critical concerns, problems, and 17.20 issues. These grants are available to 17.21 (1) regional development commissions, 17.22 and (2) in regions where no regional 17.23 development commission is functioning, 17.24 joint-powers boards established under 17.25 agreement of two or more political 17.26 subdivisions in the region to exercise 17.27 the planning functions of a regional 17.28 development commission, and (3) in 17.29 regions where no regional development 17.30 commission or joint powers board is 17.31 functioning, the department's district 17.32 office for that region. 17.33 $216,000 the first year and $216,000 17.34 the second year are available for 17.35 grants to metropolitan planning 17.36 organizations outside the seven-county 17.37 metropolitan area. 17.38 $154,000 the first year and $181,000 17.39 the second year are for development of 17.40 an upgraded transportation information 17.41 system for making investment decisions. 17.42 $75,000 the first year and $75,000 the 17.43 second year are for a transportation 17.44 research contingent account to finance 17.45 research projects that are reimbursable 17.46 from the federal government or from 17.47 other sources. If the appropriation 17.48 for either year is insufficient, the 17.49 appropriation for the other year is 17.50 available for it. 17.51 (d) Central Engineering Services 17.52 56,593,000 57,384,000 17.53 Of these appropriations, $2,190,000 the 17.54 first year and $2,190,000 the second 17.55 year are for scientific equipment. If 17.56 the appropriation for either year is 17.57 insufficient, the appropriation for the 17.58 other year is available for it. 17.59 (e) Design and Construction Engineering 18.1 69,445,000 70,879,000 18.2 (f) State Road Operations 18.3 202,431,000 205,503,000 18.4 Summary by Fund 18.5 General 100,000 100,000 18.6 Trunk Highway 202,331,000 205,403,000 18.7 $11,689,000 the first year and 18.8 $11,689,000 the second year are for 18.9 road equipment. If the appropriation 18.10 for either year is insufficient, the 18.11 appropriation for the other year is 18.12 available for it. 18.13 $805,000 each year is for the Orion 18.14 intelligent transportation system 18.15 research project. 18.16 $100,000 the first year and $100,000 18.17 the second year are from the general 18.18 fund for grants to the Minnesota 18.19 highway safety center at St. Cloud 18.20 State University for driver education. 18.21 (g) Electronic Communications 18.22 6,256,000 12,778,000 18.23 Summary by Fund 18.24 General 9,000 9,000 18.25 Trunk Highway 6,247,000 12,769,000 18.26 $9,000 the first year and $9,000 the 18.27 second year are from the general fund 18.28 for equipment and operation of the 18.29 Roosevelt signal tower for Lake of the 18.30 Woods weather broadcasting. 18.31 $1,730,000 the first year and 18.32 $8,170,000 the second year are for the 18.33 purchase of ancillary equipment for the 18.34 800 MHz system and for personnel 18.35 necessary to develop, install, and 18.36 operate the system. This appropriation 18.37 does not cancel but is available until 18.38 spent. 18.39 Sec. 10. Laws 1997, chapter 159, article 1, section 4, 18.40 subdivision 3, is amended to read: 18.41 Subd. 3. State Patrol 226,000 51,215,000 51,717,000 18.42 Summary by Fund 18.43 1997 1998 1999 18.44 General 226,000 2,058,000 2,181,000 18.45 Trunk Highway 49,067,000 49,446,000 18.46 Highway User 90,000 90,000 18.47 The commissioner of finance shall 19.1 reduce the appropriations for the 19.2 division of state patrol from the trunk 19.3 highway fund and general fund as 19.4 necessary to reflect legislation 19.5 enacted in 1997 that (1) reduces state 19.6 contributions for pensions for 19.7 employees under the division of state 19.8 patrol from the trunk highway fund or 19.9 general fund, or (2) provides money for 19.10 those pensions from police state aid. 19.11 Of the appropriation for fiscal year 19.12 1997, $76,000 is for transfer to the 19.13 trunk highway fund and $150,000 is to 19.14 reimburse the state patrol for general 19.15 fund expenditures to cover the costs of 19.16 deploying state patrol troopers to the 19.17 city of Minneapolis to assist the city 19.18 in combating violent crime. 19.19 $600,000 the first year and $1,200,000 19.20 the second year from the trunk highway 19.21 fund are to implement wage increases 19.22 for state patrol troopers, trooper 1s, 19.23 and corporals. The wage adjustments 19.24 are based on an internal Hay study 19.25 conducted by the department of employee 19.26 relations. 19.27 $1,675,000 the first year and $424,000 19.28 the second year from the trunk highway 19.29 fund and $93,000 the first year and 19.30 $22,000 the second year from the 19.31 general fund are for the development 19.32 and operational costs of computer-aided 19.33 dispatching, records management, and 19.34 station office automation systems. 19.35 $78,000 the first year and $78,000 the 19.36 second year from the general fund are 19.37 for additional capitol complex security 19.38 positions. 19.39 The commissioner of public safety shall 19.40 identify and implement measures to 19.41 increase the representation of females 19.42 and minorities in the state patrol so 19.43 that the trooper population more 19.44 accurately reflects the population 19.45 served by the state patrol. These 19.46 measures must include: 19.47 (1) evaluation of hiring and training 19.48 programs to identify and eliminate any 19.49 biases against underutilized, protected 19.50 groups; 19.51 (2) expansion of outreach programs to 19.52 high schools to include informational 19.53 presentations on law enforcement 19.54 careers and law enforcement degree 19.55 programs; 19.56 (3) intensification of recruitment 19.57 efforts toward qualified members of 19.58 protected groups; 19.59 (4) provision of guidance and support 19.60 to students in law enforcement degree 19.61 programs; 20.1 (5) publication of employment 20.2 opportunities in newspapers with 20.3 substantial readership among protected 20.4 groups; and 20.5 (6) development of other innovative 20.6 ways to promote awareness, acceptance, 20.7 and appreciation for diversity and 20.8 affirmative action in the state patrol. 20.9 The commissioner shall report to the 20.10 senate transportation committee and the 20.11 house of representatives transportation 20.12 and transit committee by January 30, 20.13 1998, on the measures implemented, 20.14 results achieved, progress made in 20.15 reaching affirmative action goals, and 20.16 recommendations for future action. 20.17 When an otherwise qualified candidate 20.18 does not have the educational credits 20.19 to meet the current peace officer 20.20 standards and training board licensing 20.21 standards, the commissioner may provide 20.22 the financial resources to obtain the 20.23 education necessary to meet the 20.24 licensing requirements. Of this 20.25 appropriation, $150,000 the second year 20.26 from the general fund is for assistance 20.27 to these otherwise qualified 20.28 individuals to prepare them for the 20.29 trooper candidate schoolbeginning in20.30January 1999. This appropriation does 20.31 not cancel but is available until spent. 20.32 ARTICLE 2 20.33 TRANSPORTATION DEVELOPMENT 20.34 Section 1. Minnesota Statutes 1998, section 168.011, 20.35 subdivision 35, is amended to read: 20.36 Subd. 35. [LIMOUSINE.]For purposes of motor vehicle20.37registration only,"Limousine" meansan unmarkeda luxury 20.38 passenger automobile that is not a van or station wagon and has 20.39 a seating capacity of not more than 12 persons, excluding the 20.40 driver. 20.41 Sec. 2. Minnesota Statutes 1998, section 168.012, 20.42 subdivision 1, is amended to read: 20.43 Subdivision 1. [VEHICLES EXEMPT FROM TAX AND REGISTRATION 20.44 FEES.] (a) The following vehicles are exempt from the provisions 20.45 of this chapter requiring payment of tax and registration fees, 20.46 except as provided in subdivision 1c: 20.47 (1) vehicles owned and used solely in the transaction of 20.48 official business by the federal government, the state, or any 20.49 political subdivision; 21.1 (2) vehicles owned and used exclusively by educational 21.2 institutions and used solely in the transportation of pupils to 21.3 and from such institutions; 21.4 (3) vehicles used solely in driver education programs at 21.5 nonpublic high schools; 21.6 (4) vehicles owned by nonprofit charities and used 21.7 exclusively to transport disabled persons for educational 21.8 purposes; 21.9 (5) vehicles owned and used by honorary consul;and21.10 (6) ambulances owned by ambulance services licensed under 21.11 section 144E.10, the general appearance of which is 21.12 unmistakable; and 21.13 (7) vehicles owned by a commercial driving school licensed 21.14 under section 171.34 and used exclusively for driver education 21.15 and training. 21.16 (b) Vehicles owned by the federal government, municipal 21.17 fire apparatus including fire supression support vehicles, 21.18 police patrols and ambulances, the general appearance of which 21.19 is unmistakable, shall not be required to register or display 21.20 number plates. 21.21 (c) Unmarked vehicles used in general police work, liquor 21.22 investigations, arson investigations, and passenger automobiles, 21.23 pickup trucks, and buses owned or operated by the department of 21.24 corrections shall be registered and shall display appropriate 21.25 license number plates which shall be furnished by the registrar 21.26 at cost. Original and renewal applications for these license 21.27 plates authorized for use in general police work and for use by 21.28 the department of corrections must be accompanied by a 21.29 certification signed by the appropriate chief of police if 21.30 issued to a police vehicle, the appropriate sheriff if issued to 21.31 a sheriff's vehicle, the commissioner of corrections if issued 21.32 to a department of corrections vehicle, or the appropriate 21.33 officer in charge if issued to a vehicle of any other law 21.34 enforcement agency. The certification must be on a form 21.35 prescribed by the commissioner and state that the vehicle will 21.36 be used exclusively for a purpose authorized by this section. 22.1 (d) Unmarked vehicles used by the departments of revenue 22.2 and labor and industry, fraud unit, in conducting seizures or 22.3 criminal investigations must be registered and must display 22.4 passenger vehicle classification license number plates which 22.5 shall be furnished at cost by the registrar. Original and 22.6 renewal applications for these passenger vehicle license plates 22.7 must be accompanied by a certification signed by the 22.8 commissioner of revenue or the commissioner of labor and 22.9 industry. The certification must be on a form prescribed by the 22.10 commissioner and state that the vehicles will be used 22.11 exclusively for the purposes authorized by this section. 22.12 (e) Unmarked vehicles used by the division of disease 22.13 prevention and control of the department of health must be 22.14 registered and must display passenger vehicle classification 22.15 license number plates. These plates must be furnished at cost 22.16 by the registrar. Original and renewal applications for these 22.17 passenger vehicle license plates must be accompanied by a 22.18 certification signed by the commissioner of health. The 22.19 certification must be on a form prescribed by the commissioner 22.20 and state that the vehicles will be used exclusively for the 22.21 official duties of the division of disease prevention and 22.22 control. 22.23 (f) All other motor vehicles shall be registered and 22.24 display tax-exempt number plates which shall be furnished by the 22.25 registrar at cost, except as provided in subdivision 1c. All 22.26 vehicles required to display tax-exempt number plates shall have 22.27 the name of the state department or political subdivision,or22.28thenonpublic high school operating a driver education program, 22.29 or licensed commercial driving school, on the vehicle plainly 22.30 displayed on both sides thereof in letters not less than 2-1/2 22.31 inches high and one-half inch wide; except that each state 22.32 hospital and institution for the mentally ill and mentally 22.33 retarded may have one vehicle without the required 22.34 identification on the sides of the vehicle, and county social 22.35 service agencies may have vehicles used for child and vulnerable 22.36 adult protective services without the required identification on 23.1 the sides of the vehicle. Such identification shall be in a 23.2 color giving contrast with that of the part of the vehicle on 23.3 which it is placed and shall endure throughout the term of the 23.4 registration. The identification must not be on a removable 23.5 plate or placard and shall be kept clean and visible at all 23.6 times; except that a removable plate or placard may be utilized 23.7 on vehicles leased or loaned to a political subdivision or to a 23.8 nonpublic high school driver education program. 23.9 Sec. 3. Minnesota Statutes 1998, section 168.013, 23.10 subdivision 2, is amended to read: 23.11 Subd. 2. [PRORATED FEES.] When a motor vehicle first 23.12 becomes subject to taxation during the registration period for 23.13 which the tax is paid, or when a vehicle becomes subject to 23.14 taxation upon transfer from a motor vehicle dealer, the tax 23.15 shall be for the remainder of the period prorated on a monthly 23.16 basis, 1/12 of the annual tax for each calendar month or 23.17 fraction thereof; provided, however, that for a vehicle having 23.18 an annual tax of $10 or less there shall be no reduction until 23.19 on and after September 1 when the annual tax shall be reduced 23.20 one-half. 23.21 Sec. 4. Minnesota Statutes 1998, section 168.013, 23.22 subdivision 6, is amended to read: 23.23 Subd. 6. [LISTING BY DEALERS.] The owner of every motor 23.24 vehicle not exempted by section 168.012 or 168.28, shall, so 23.25 long as it is subject to taxation within the state, list and 23.26 register the same and pay the tax herein provided annually; 23.27 provided, however, that any dealer in motor vehicles, to whom 23.28 dealer's plates have been issued as provided in this chapter, 23.29 coming into the possession of any such motor vehicle to be held 23.30 solely for the purpose of sale or demonstration or both, shall 23.31 be entitled to withhold the tax becoming due on such vehicle for 23.32 the following yearif the vehicle is received before the current23.33year registration expires and the transfer is filed with the23.34registrar on or before such expiration date. When, thereafter, 23.35 such vehicle is otherwise used or is sold, leased, or rented to 23.36 another person, firm, corporation, or association, thewholetax 24.1 for the remainder of the year, prorated on a monthly basis, 24.2 shall become payable immediatelywith all arrears. 24.3 Sec. 5. Minnesota Statutes 1998, section 168.17, is 24.4 amended to read: 24.5 168.17 [SUSPENSION OF REGISTRATION.] 24.6 All registrations and issue of number plates shall be 24.7 subject to amendment, suspension, modification or revocation by 24.8 the registrar summarily for any violation of or neglect to 24.9 comply with the provisions of this chapter or when the 24.10 transferee fails to comply with section 168A.10, subdivision 2, 24.11 within 30 days of the date of sale. In any case where the 24.12 proper registration of a motor vehicle is dependent upon 24.13 procuring information entailing such delay as to unreasonably 24.14 deprive the owner of the use of the motor vehicle, the registrar 24.15 may issue a tax receipt and plates conditionally. In any case 24.16 when revoking a registration for cause, the registrar shall have 24.17 authority to demand the return of the number plates and 24.18 registration certificates, and, if necessary, to seize the 24.19 number plates issued for such registration. 24.20 Sec. 6. Minnesota Statutes 1998, section 168.301, 24.21 subdivision 3, is amended to read: 24.22 Subd. 3. [LATE FEE.] In addition to any fee or tax 24.23 otherwise authorized or imposed upon the transfer of title for a 24.24 motor vehicle, the commissioner of public safety shall impose a 24.25 $2 additional fee for failure to deliver a title transfer within 24.2614ten days. 24.27 Sec. 7. Minnesota Statutes 1998, section 168.301, 24.28 subdivision 4, is amended to read: 24.29 Subd. 4. [REINSTATEMENT FEE.] When the commissioner has 24.30 suspended license plates on a vehicle because the transferee has 24.31 failed todeliverfile the title certificate withinten30 days 24.32as provided in subdivision 1, the transferee shall pay a$5$10 24.33 fee before the registration is reinstated. 24.34 Sec. 8. Minnesota Statutes 1998, section 168.33, 24.35 subdivision 7, is amended to read: 24.36 Subd. 7. [FILING FEE.] In addition to all other statutory 25.1 fees and taxes, a filing fee of$3.50$4.50 beginning August 1, 25.2 1999, and $5 beginning January 1, 2000, is imposed on every 25.3 application; except that a filing fee may not be charged for a 25.4 document returned for a refund or for a correction of an error 25.5 made by the department or a deputy registrar. The filing fee 25.6 shall be shown as a separate item on all registration renewal 25.7 notices sent out by the department of public safety. No filing 25.8 fee or other fee may be charged for the permanent surrender of a 25.9 certificate of title and license plates for a motor vehicle. 25.10 Filing fees collected under this subdivision by the registrar 25.11 must be paid into the state treasury and credited to the highway 25.12 user tax distribution fund, except fees for registrations of new 25.13 motor vehicles. Filing fees collected for registrations of new 25.14 motor vehicles must be paid into the state treasury with 50 25.15 percent of the money credited to the general fund and 50 percent 25.16 credited to the highway user tax distribution fund. 25.17 Sec. 9. Minnesota Statutes 1998, section 168A.05, 25.18 subdivision 5, is amended to read: 25.19 Subd. 5. [ASSIGNMENT AND WARRANTY OF TITLEFORMS.] (a) The 25.20 certificate of title shall contain forms: 25.21 (1) for assignment and warranty of title by the owner, and; 25.22 (2) for assignment and warranty of title by a dealer, and25.23shall contain forms for applications; 25.24 (3) to apply for a certificate of title by a transferee,25.25and the naming of; 25.26 (4) to name a secured party, and shall include language25.27necessary to implement; and 25.28 (5) to make the disclosure required by section 325F.6641. 25.29 (b) The certificate of title must also include a separate 25.30 detachable postcard entitled "Notice of Sale" that contains, but 25.31 is not limited to, the vehicle's title number and vehicle 25.32 identification number. The postcard must include sufficient 25.33 space for the owner to record the purchaser's name, address, and 25.34 driver's license number, if any, and the date of sale. The 25.35 Notice of Sale must include clear instructions regarding the 25.36 owner's responsibility to complete and return the form, or to 26.1 transmit the required information electronically in a form 26.2 acceptable to the commissioner, pursuant to section 168A.10, 26.3 subdivision 1. 26.4 Sec. 10. Minnesota Statutes 1998, section 168A.10, 26.5 subdivision 1, is amended to read: 26.6 Subdivision 1. [ASSIGNMENT AND WARRANTY OF TITLE; MILEAGE; 26.7 NOTICE OF SALE.] If an owner transfers interest in a vehicle 26.8 other than by the creation of a security interest, the owner 26.9 shall at the time of the delivery of the vehicle execute an 26.10 assignment and warranty of title to the transferee and shall 26.11 state the actual selling price in the space providedthereforon 26.12 the certificate. Within ten days of the date of sale, other 26.13 than a sale by or to a licensed motor vehicle dealer, the owner 26.14 shall: (1) complete, detach, and return to the department the 26.15 postcard on the certificate entitled "Notice of Sale," if one is 26.16 provided, including the transferee's name, address, and driver's 26.17 license number, if any, and the date of sale; or (2) transmit 26.18 this information electronically in a form acceptable to the 26.19 commissioner. With respect to motor vehicles subject to the 26.20 provisions of section 325E.15, the transferor shall also, in the 26.21 space provided therefor on the certificate, state the true 26.22 cumulative mileage registered on the odometer or that the actual 26.23 mileage is unknown if the odometer reading is known by the 26.24 transferor to be different from the true mileage. The 26.25 transferor shall cause the certificate and assignment to be 26.26 delivered to the transferee immediately. 26.27 Sec. 11. Minnesota Statutes 1998, section 168A.10, 26.28 subdivision 2, is amended to read: 26.29 Subd. 2. [APPLICATION FOR NEW CERTIFICATE.] Except as 26.30 provided in section 168A.11, the transferee shall, within ten 26.31 days after assignment to the transferee of the vehicle title 26.32 certificate, execute the application for a new certificate of 26.33 title in the space providedthereforon the certificate, and 26.34 cause the certificate of title to be mailed or delivered to the 26.35 department. Failure of the transferee to comply with this 26.36 subdivision shall result in the suspension of the vehicle's 27.1 registration under section 168.17. 27.2 Sec. 12. Minnesota Statutes 1998, section 168A.10, 27.3 subdivision 5, is amended to read: 27.4 Subd. 5. [COMPLIANCE REMOVES LIABILITY AFTER DELIVERY.] 27.5 Except as provided in section 168A.11 and as between the 27.6 parties, a transfer by an owner is not effective until the 27.7 provisions of this section have been complied with; however, an 27.8 owner who has delivered possession of the vehicle to the 27.9 transferee and has complied, or within 48 hours after such 27.10 delivery does comply, with the provisions of this section 27.11 requiring action by the owner is not liable as owner for any 27.12 damages resulting from operation of the vehicle after the 27.13 delivery of the vehicle to the transferee. An owner is not 27.14 liable who has complied with the provisions of this section 27.15 except for completing and returning the Notice of Sale or 27.16 transmitting the required information electronically under 27.17 subdivision 1. 27.18 Sec. 13. Minnesota Statutes 1998, section 168A.30, 27.19 subdivision 2, is amended to read: 27.20 Subd. 2. [WILLFUL OR FRAUDULENT ACTS; FAILURE TO NOTIFY.] 27.21 A person is guilty of a misdemeanor who: 27.22 (1) with fraudulent intent permits another, not entitled 27.23 thereto, to use or have possession of a certificate of title; 27.24 (2) willfully fails to mail or deliver a certificate of 27.25 title to the department within the time required by sections 27.26 168A.01 to 168A.31; 27.27 (3) willfully fails to deliver to the transferee a 27.28 certificate of title within ten days after the time required by 27.29 sections 168A.01 to 168A.31; 27.30 (4) commits a fraud in any application for a certificate of 27.31 title; 27.32 (5) fails to notify the department of any fact as required 27.33 by sections 168A.01 to 168A.31, except for the facts included in 27.34 the Notice of Sale described in section 168A.10, subdivision 1; 27.35 or 27.36 (6) willfully violates any other provision of sections 28.1 168A.01 to 168A.31 except as otherwise provided in sections 28.2 168A.01 to 168A.31. 28.3 Sec. 14. Minnesota Statutes 1998, section 169.01, is 28.4 amended by adding a subdivision to read: 28.5 Subd. 90. [SCHOOL ZONE.] "School zone" means that section 28.6 of a street or highway that abuts the grounds of a school where 28.7 children have access to the street or highway from the school 28.8 property or where an established school crossing is located; 28.9 provided, there is in place the school advance sign prescribed 28.10 by the manual on uniform traffic control devices adopted by the 28.11 commissioner of transportation under section 169.06. 28.12 Sec. 15. Minnesota Statutes 1998, section 169.122, 28.13 subdivision 5, is amended to read: 28.14 Subd. 5. [EXCEPTION.] This section does not apply to the 28.15 possession or consumption of alcoholic beverages by passengers 28.16 in: 28.17 (1) a busoperated under a charter as defined in section28.18221.011, subdivision 20that is operated by a motor carrier of 28.19 passengers, as defined in section 221.011, subdivision 48; or 28.20 (2) a vehicle providing limousine service as defined in 28.21 section 221.84, subdivision 1. 28.22 Sec. 16. Minnesota Statutes 1998, section 169.14, 28.23 subdivision 2, is amended to read: 28.24 Subd. 2. [SPEED LIMITS.] (a) Where no special hazard 28.25 exists the following speeds shall be lawful, but any speeds in 28.26 excess of such limits shall be prima facie evidence that the 28.27 speed is not reasonable or prudent and that it is unlawful; 28.28 except that the speed limit within any municipality shall be a 28.29 maximum limit and any speed in excess thereof shall be unlawful: 28.30 (1) 30 miles per hour in an urban district; 28.31 (2) 65 miles per hour on non-Interstate freeways and 28.32 expressways, as defined in section 160.02, subdivision 16; 28.33 (3) 55 miles per hour in locations other than those 28.34 specified in this section; 28.35 (4) 70 miles per hour on Interstate highways outside the 28.36 limits of any urbanized area with a population of greater than 29.1 50,000 as defined by order of the commissioner of 29.2 transportation; 29.3 (5) 65 miles per hour on Interstate highways inside the 29.4 limits of any urbanized area with a population of greater than 29.5 50,000 as defined by order of the commissioner of 29.6 transportation; 29.7 (6) ten miles per hour in alleys;and29.8 (7) 25 miles per hour in school zones when children are 29.9 present, going to or leaving school during opening or closing 29.10 hours, or during school recess periods; and 29.11 (8) 25 miles per hour in residential roadways if adopted by 29.12 the road authority having jurisdiction over the residential 29.13 roadway. 29.14 (b) A speed limit adopted under paragraph (a), 29.15 clause(7)(8), is not effective unless the road authority has 29.16 erected signs designating the speed limit and indicating the 29.17 beginning and end of the residential roadway on which the speed 29.18 limit applies. 29.19 Sec. 17. Minnesota Statutes 1998, section 169.14, 29.20 subdivision 4, is amended to read: 29.21 Subd. 4. [ESTABLISHMENT OF ZONES BY COMMISSIONER.] On 29.22 determining upon the basis of an engineering and traffic 29.23 investigation that any speed set forth in this section is 29.24 greater or less than is reasonable or safe under the conditions 29.25 found to exist on any trunk highway or upon any part thereof, 29.26 the commissioner may erect appropriate signs designating a 29.27 reasonable and safe speed limit thereat, which speed limit shall 29.28 be effective when such signs are erected. Any speeds in excess 29.29 of such limits shall be prima facie evidence that the speed is 29.30 not reasonable or prudent and that it is unlawful; except that 29.31 any speed limit within any municipality shall be a maximum limit 29.32 and any speed in excess thereof shall be unlawful. On 29.33 determining upon that basis that a part of the trunk highway 29.34 system outside a municipality should be a zone of maximum speed 29.35 limit, the commissioner may establish that part as such a zone 29.36 by erecting appropriate signs showing the beginning and end of 30.1 the zone, designating a reasonable and safe speed therefor, 30.2 which may be different than the speed set forth in this section, 30.3 and that it is a zone of maximum speed limit. The speed so 30.4 designated by the commissioner within any such zone shall be a 30.5 maximum speed limit, and speed in excess of such limit shall be 30.6 unlawful. The commissioner may in the same manner from time to 30.7 time alter the boundary of such a zone and the speed limit 30.8 therein or eliminate such zone. No zone established on a trunk 30.9 highway under this subdivision may include any part of a school 30.10 zone. 30.11 Sec. 18. Minnesota Statutes 1998, section 169.14, 30.12 subdivision 5, is amended to read: 30.13 Subd. 5. [ZONING WITHIN LOCAL AREA.] When local 30.14 authorities believe that the existing speed limit upon any 30.15 street or highway, or part thereof, within their respective 30.16 jurisdictions and not a part of the trunk highway system is 30.17 greater or less than is reasonable or safe under existing 30.18 conditions, they may request the commissioner to authorize, upon 30.19 the basis of an engineering and traffic investigation, the 30.20 erection of appropriate signs designating what speed is 30.21 reasonable and safe, and the commissioner may authorize the 30.22 erection of appropriate signs designating a reasonable and safe 30.23 speed limit thereat, which speed limit shall be effective when 30.24 such signs are erected. Any speeds in excess of these speed 30.25 limits shall be prima facie evidence that the speed is not 30.26 reasonable or prudent and that it is unlawful; except that any 30.27 speed limit within any municipality shall be a maximum limit and 30.28 any speed in excess thereof shall be unlawful. Alteration of 30.29 speed limits on streets and highways shall be made only upon 30.30 authority of the commissionerexcept as provided in subdivision30.315a. 30.32 Sec. 19. Minnesota Statutes 1998, section 169.14, 30.33 subdivision 5a, is amended to read: 30.34 Subd. 5a. [SPEED ZONING INSCHOOL ZONE SPEED LIMIT; 30.35 SURCHARGE.]Local authorities may establish a school speed limit30.36within a school zone of a public or nonpublic school upon the31.1basis of an engineering and traffic investigation as prescribed31.2by the commissioner of transportation. The establishment of a31.3school speed limit on any trunk highway shall be with the31.4consent of the commissioner of transportation. Such school31.5speed limits shall be in effect when children are present, going31.6to or leaving school during opening or closing hours or during31.7school recess periods. The school speed limit shall not be31.8lower than 15 miles per hour and shall not be more than 20 miles31.9per hour below the established speed limit on an affected street31.10or highway if the established speed limit is 40 miles per hour31.11or greater.31.12The school speed limit shall be effective upon the erection31.13of appropriate signs designating the speed and indicating the31.14beginning and end of the reduced speed zone.Local authorities 31.15 must erect appropriate signs designating the school zone speed 31.16 limit and indicating the beginning and end of the reduced speed 31.17 zone in all school zones located on streets and highways under 31.18 their respective jurisdictions. The commissioner of 31.19 transportation must erect such signs in each school zone on a 31.20 trunk highway. The school zone speed limit becomes effective 31.21 upon the erection of these signs. Any speed in excess of such 31.22 posted school speed limit is unlawful.All such signs shall be31.23erected by the local authorities on those streets and highways31.24under their respective jurisdictions and by the commissioner of31.25transportation on trunk highways.31.26For the purpose of this subdivision, "school zone" means31.27that section of a street or highway which abuts the grounds of a31.28school where children have access to the street or highway from31.29the school property or where an established school crossing is31.30located provided the school advance sign prescribed by the31.31manual on uniform traffic control devices adopted by the31.32commissioner of transportation pursuant to section 169.06 is in31.33place. All signs erected by local authorities to designate31.34speed limits in school zones shall conform to the manual on31.35uniform control devices.31.36 Notwithstanding section 609.0331 or 609.101 or other law to 32.1 the contrary, a person who violatesathe school zone speed 32.2 limit established under thissubdivisionsection is assessed an 32.3 additional surcharge equal to the amount of the fine imposed for 32.4 the violation, but not less than $25. 32.5 Sec. 20. Minnesota Statutes 1998, section 169.55, 32.6 subdivision 1, is amended to read: 32.7 Subdivision 1. [LIGHTS OR REFLECTORS REQUIRED.] At the 32.8 times when lighted lamps on vehicles are required each vehicle 32.9 including an animal-drawn vehicle and any vehicle specifically 32.10 excepted in sections 169.47 to 169.79, with respect to equipment 32.11 and not hereinbefore specifically required to be equipped with 32.12 lamps, shall be equipped with one or more lighted lamps or 32.13 lanterns projecting a white light visible from a distance of 500 32.14 feet to the front of the vehicle and with a lamp or lantern 32.15 exhibiting a red light visible from a distance of 500 feet to 32.16 the rear, except that reflectors meeting the maximum 32.17 requirements of this chapter may be used in lieu of the lights 32.18 required in this subdivision. It shall be unlawful except as 32.19 otherwise provided in this subdivision, to project a white light 32.20 to the rear of any such vehicle while traveling on any street or 32.21 highway, unless such vehicle is moving in reverse. A lighting 32.22 device mounted on top of a vehicle engaged in deliveries to 32.23 residences may project a white light to the rear if the sign 32.24 projects one or more additional colors to the rear. An 32.25 authorized emergency vehicle may display an oscillating, 32.26 alternating, or rotating white light used in connection with an 32.27 oscillating, alternating, or rotating red light when responding 32.28 to emergency calls. 32.29 Sec. 21. Minnesota Statutes 1998, section 169.58, is 32.30 amended by adding a subdivision to read: 32.31 Subd. 4. [LIGHTED SIGN ON VEHICLE.] A vehicle engaged in 32.32 deliveries to residences may display a lighting device mounted 32.33 on the vehicle, which may project a red light to the front if 32.34 the sign projects one or more additional colors to the front. 32.35 Sec. 22. Minnesota Statutes 1998, section 171.04, 32.36 subdivision 1, is amended to read: 33.1 Subdivision 1. [PERSONS NOT ELIGIBLE.] The department 33.2 shall not issue a driver's license: 33.3 (1) to any person under 18 years unless: 33.4 (i) the applicant is 16 or 17 years of age and has a 33.5 previously issued valid license from another state or country or 33.6 the applicant has, for the 12 consecutive months preceding 33.7 application, held a provisional license and during that time has 33.8 incurred (A) no conviction for a violation of section 169.121, 33.9 169.1218, 169.122, or 169.123, (B) no conviction for a 33.10 crash-related moving violation, and (C) not more than one 33.11 conviction for a moving violation that is not crash related. 33.12 "Moving violation" means a violation of a traffic regulation but 33.13 does not include a parking violation, vehicle equipment 33.14 violation, or warning citation. 33.15 (ii) the application for a license is approved by (A) 33.16 either parent when both reside in the same household as the 33.17 minor applicant or, if otherwise, then (B) the parent or spouse 33.18 of the parent having custody or, in the event there is no court 33.19 order for custody, then (C) the parent or spouse of the parent 33.20 with whom the minor is living or, if subitems (A) to (C) do not 33.21 apply, then (D) the guardian having custody of the minor or, in 33.22 the event a person under the age of 18 has no living father, 33.23 mother, or guardian, then (E) the minor's employer; provided, 33.24 that the approval required by this item contains a verification 33.25 of the age of the applicant and the identity of the parent, 33.26 guardian, or employer; and 33.27 (iii) the applicant presents a certification by the person 33.28 who approves the application under item (ii), stating that the 33.29 applicant has driven a motor vehicle accompanied by and under 33.30 supervision of a licensed driver at least 21 years of age for at 33.31 least ten hours during the period of provisional licensure; 33.32 (2) to any person who is under the age of 18 years unless 33.33 the person has applied for, been issued, and possessed the 33.34 appropriate instruction permit for a minimum of six months, and 33.35 a provisional license for a minimum of 12 months; 33.36 (3) to any person who is 18 years of age or older, unless 34.1 that person has applied for, been issued, and possessed the 34.2 appropriate instruction permit for a minimum of six months; 34.3 (4) to any person whose license has been suspended during 34.4 the period of suspension except that a suspended license may be 34.5 reinstated during the period of suspension upon the licensee 34.6 furnishing proof of financial responsibility in the same manner 34.7 as provided in the Minnesota No-Fault Automobile Insurance Act; 34.8(4)(5) to any person whose license has been revoked except 34.9 upon furnishing proof of financial responsibility in the same 34.10 manner as provided in the Minnesota No-Fault Automobile 34.11 Insurance Act and if otherwise qualified; 34.12(5)(6) to any drug dependent person, as defined in section 34.13 254A.02, subdivision 5; 34.14(6)(7) to any person who has been adjudged legally 34.15 incompetent by reason of mental illness, mental deficiency, or 34.16 inebriation, and has not been restored to capacity, unless the 34.17 department is satisfied that the person is competent to operate 34.18 a motor vehicle with safety to persons or property; 34.19(7)(8) to any person who is required by this chapter to 34.20 take a vision, knowledge, or road examination, unless the person 34.21 has successfully passed the examination. An applicant who fails 34.22 four road tests must complete a minimum of six hours of 34.23 behind-the-wheel instruction with an approved instructor before 34.24 taking the road test again; 34.25(8)(9) to any person who is required under the Minnesota 34.26 No-Fault Automobile Insurance Act to deposit proof of financial 34.27 responsibility and who has not deposited the proof; 34.28(9)(10) to any person when the commissioner has good cause 34.29 to believe that the operation of a motor vehicle on the highways 34.30 by the person would be inimical to public safety or welfare; 34.31(10)(11) to any person when, in the opinion of the 34.32 commissioner, the person is afflicted with or suffering from a 34.33 physical or mental disability or disease that will affect the 34.34 person in a manner as to prevent the person from exercising 34.35 reasonable and ordinary control over a motor vehicle while 34.36 operating it upon the highways; 35.1(11)(12) to a person who is unable to read and understand 35.2 official signs regulating, warning, and directing traffic; 35.3(12)(13) to a child for whom a court has ordered denial of 35.4 driving privileges under section 260.191, subdivision 1, or 35.5 260.195, subdivision 3a, until the period of denial is 35.6 completed; or 35.7(13)(14) to any person whose license has been canceled, 35.8 during the period of cancellation. 35.9 Sec. 23. Minnesota Statutes 1998, section 171.05, 35.10 subdivision 1a, is amended to read: 35.11 Subd. 1a. [MINIMUM PERIOD TO POSSESS INSTRUCTION PERMIT.] 35.12 An applicantwho is 18 years old andwho hasapplied for and35.13 received an instruction permit under subdivision 1 and has not 35.14 previously been licensed to drive in Minnesota or in another 35.15 jurisdiction must possess the instruction permit for not less 35.16 than six months before qualifying for a driver's license, or for 35.17 not less than three months for an applicant who successfully 35.18 completes an approved course of behind-the-wheel 35.19 instruction. An applicant with an instruction permit from 35.20 another jurisdiction must be credited with the amount of time 35.21 that permit has been held. 35.22 Sec. 24. Minnesota Statutes 1998, section 171.061, 35.23 subdivision 4, is amended to read: 35.24 Subd. 4. [FEE; EQUIPMENT.] (a) The agent may charge and 35.25 retain a filing fee of $3.50 for each application. Except as 35.26 provided in paragraph (b), the fee shall cover all expenses 35.27 involved in receiving, accepting, or forwarding to the 35.28 department the applications and fees required under sections 35.29 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and 35.30 171.07, subdivisions 3 and 3a. 35.31 (b) An agent with photo identification equipment provided 35.32 by the department before January 1, 1999, may retain the photo 35.33 identification equipment until the agent's appointment 35.34 terminates. The department shall maintain the photo 35.35 identification equipment for these agents. An agent appointed 35.36 before January 1, 1999, who does not have photo identification 36.1 equipment provided by the department, and any new agent 36.2 appointed after December 31, 1998, shall procure and maintain 36.3 photo identification equipment. Upon the retirement, 36.4 resignation, death, or discontinuance of an existing agent, and 36.5 if a new agent is appointed in an existing office pursuant to 36.6 Minnesota Rules, chapter 7404, and notwithstanding the above or 36.7 Minnesota Rules, part 7404.0400, the department shall provide 36.8 and maintain photo identification equipment without additional 36.9 cost to a newly appointed agent in that office if the office was 36.10 provided the equipment by the department before January 1, 36.11 1999. All photo identification equipment must be compatible 36.12 with standards established by the department. 36.13 (c) A filing fee retained by the agent employed by a county 36.14 board must be paid into the county treasury and credited to the 36.15 general revenue fund of the county. An agent who is not an 36.16 employee of the county shall retain the filing fee in lieu of 36.17 county employment or salary and is considered an independent 36.18 contractor for pension purposes, coverage under the Minnesota 36.19 state retirement system, or membership in the public employees 36.20 retirement association. 36.21 (d) Before the end of the first working day following the 36.22 final day of the reporting period established by the department, 36.23 the agent must forward to the department all applications and 36.24 fees collected during the reporting period except as provided in 36.25 paragraph (c). 36.26 Sec. 25. Minnesota Statutes 1998, section 173.02, 36.27 subdivision 6, is amended to read: 36.28 Subd. 6. [VARIOUS SIGNS AND NOTICES DEFINED.] Directional 36.29 and other official signs and notices shall mean: 36.30 (a) "Official signs and notices" mean signs and notices 36.31 erected and maintained by public officers or public agencies 36.32 within their territorial jurisdiction and pursuant to and in 36.33 accordance with direction or authorization contained in federal 36.34 or state law for the purposes of carrying out an official duty 36.35 or responsibility. Historical markers authorized by state law 36.36 and erected by state or local governmental agencies or nonprofit 37.1 historical societies, star city signs erected under section 37.2 173.085, and municipal identification entrance signs erected in 37.3 accordance with section 173.025 may be considered official signs. 37.4 (b) "Public utility signs" mean warning signs, notices, or 37.5 markers which are customarily erected and maintained by publicly 37.6 or privately owned public utilities, as essential to their 37.7 operations. 37.8 (c) "Service club and religious notices" mean signs and 37.9 notices, not exceeding eight square feet in advertising area, 37.10 whose erection is authorized by law, relating to meetings and 37.11 location of nonprofit service clubs or charitable associations, 37.12 or religious services. 37.13 (d) "Directional signs" means signs containing directional 37.14 information about public places owned or operated byfederal,37.15state, or local governmentspublic authorities as defined in 37.16 Code of Federal Regulations, title 23, section 460.2, paragraph 37.17 (b), or their agencies, publicly or privately owned natural 37.18 phenomena, historic, cultural, scientific, educational, and 37.19 religious sites, and areas of natural scenic beauty or naturally 37.20 suited for outdoor recreation, deemed to be in the interest of 37.21 the traveling public. To qualify for directional signs, 37.22 privately owned attractions must be nationally or regionally 37.23 known, and of outstanding interest to the traveling public. 37.24 (e) All definitions in this subdivision are intended to be 37.25 in conformity with the national standards for directional and 37.26 other official signs. 37.27 Sec. 26. [174.55] [MOBILITY FUND.] 37.28 Subdivision 1. [CREATION.] The mobility fund is created in 37.29 the state treasury. Money in the mobility fund consists of 37.30 proceeds dedicated to it under section 297B.09 and 37.31 appropriations and transfers made by the legislature to the 37.32 mobility fund. 37.33 Subd. 2. [PURPOSE; APPROPRIATION.] The mobility fund is a 37.34 funding source for capital costs relating to public transit. 37.35 Money in the fund may be used for light rail, commuter rail, or 37.36 bus projects. 38.1 Sec. 27. [174.80] [DEFINITIONS.] 38.2 Subdivision 1. [TERMS.] For the purposes of sections 38.3 174.80 to 174.90, the terms defined in this section have the 38.4 meanings given them. 38.5 Subd. 2. [ADVANCED CORRIDOR PLAN.] "Advanced corridor plan" 38.6 means a commuter rail plan that: 38.7 (1) contains a physical design component that identifies 38.8 the physical design of facilities, including: 38.9 (i) location, length, and termini of routes; 38.10 (ii) maintenance facility locations; 38.11 (iii) safety improvements; 38.12 (iv) station locations and design; and 38.13 (v) related park and ride, parking, and other 38.14 transportation facilities; 38.15 (2) specifies track and signal improvements; 38.16 (3) addresses handicapped access; 38.17 (4) specifies intermodal coordination and connections with 38.18 bus and light rail transit operation and routes; 38.19 (5) projects ridership, capital costs, operating costs, and 38.20 revenues; 38.21 (6) identifies sources of funds for operating subsidies and 38.22 funding for final design, construction, and operation; 38.23 (7) describes an implementation method; 38.24 (8) describes a plan for public involvement and public 38.25 information; 38.26 (9) defines anticipated agreements with the railroads; and 38.27 (10) addresses land use impacts. 38.28 The preliminary design plan may include the draft environmental 38.29 impact statement for the proposed commuter rail facilities. 38.30 Subd. 3. [PRELIMINARY ENGINEERING PLAN.] "Preliminary 38.31 engineering plan" means a commuter rail plan that includes those 38.32 items in the advanced corridor plan that relate to facilities 38.33 proposed for construction, but with additional detail and 38.34 specificity in satisfaction of applicable environmental 38.35 requirements. 38.36 Subd. 4. [FINAL DESIGN PLAN.] "Final design plan" means a 39.1 commuter rail plan that includes the items in the advanced 39.2 corridor plan and the preliminary engineering plan, but with 39.3 additional detail and specificity as needed for construction and 39.4 operation. 39.5 Sec. 28. [174.82] [COMMISSIONER'S DUTIES.] 39.6 The commissioner shall be responsible for all aspects of 39.7 planning, developing, constructing, operating, and maintaining 39.8 commuter rail, including system planning, advanced corridor 39.9 planning, preliminary engineering, final design, construction, 39.10 negotiating with railroads, and developing financial and 39.11 operating plans. The commissioner may enter into a memorandum 39.12 of understanding or agreement with a public or private entity, 39.13 including a regional railroad authority, a joint powers board, 39.14 and a railroad, to carry out these activities. 39.15 Sec. 29. [174.84] [COMMUTER RAIL SYSTEM PLANNING.] 39.16 Subdivision 1. [GENERAL PLAN REQUIREMENTS.] By January 15, 39.17 2000, the commissioner shall adopt a commuter rail system plan 39.18 to ensure that commuter rail facilities in this state will be 39.19 acquired, developed, constructed, owned, and operated in an 39.20 efficient, cost-effective manner, and in coordination with buses 39.21 and other transportation modes and facilities. The commissioner 39.22 shall consult with affected regional railroad authorities and 39.23 may incorporate into its plan elements of the plans of regional 39.24 railroad authorities in order to avoid duplication of efforts. 39.25 The commissioner may periodically update the system plan. 39.26 Subd. 2. [APPROVAL OF COMMUTER RAIL SYSTEM PLAN.] The 39.27 commuter rail system plan must be approved by metropolitan 39.28 planning organizations in areas in which commuter rail will be 39.29 located before the commissioner may begin final design of 39.30 commuter rail facilities. Following approval of the plan, the 39.31 commissioner shall act in conformity with the plan. The 39.32 commissioner shall ensure that final design plans are consistent 39.33 with the commuter rail plan. 39.34 Subd. 3. [ENGINEERING STANDARDS.] The plan must include 39.35 engineering standards that provide for integrated operation of 39.36 all commuter rail equipment, facilities, and services, including 40.1 security, station design parameters, fare box systems, and 40.2 safety. 40.3 Subd. 4. [INTEGRATION OF SYSTEM.] The commissioner and 40.4 metropolitan planning organizations shall ensure that commuter 40.5 rail facilities are planned, designed, and implemented to move 40.6 transit users to, from, and within the metropolitan area, and to 40.7 provide a unified, integrated, and efficient multimodal 40.8 transportation system with rail transit lines that interface 40.9 with each other and with other transportation facilities. 40.10 Sec. 30. [174.86] [COMMUTER RAIL PLAN; REVIEW.] 40.11 Subdivision 1. [ADVANCED CORRIDOR PLAN; PUBLIC 40.12 HEARING.] Before a final design plan is prepared for commuter 40.13 rail facilities, the commissioner must hold a public hearing on 40.14 the physical design component of the advanced corridor plan. 40.15 The commissioner must provide appropriate public notice of the 40.16 hearing and publicity to ensure that affected parties have an 40.17 opportunity to present their views at the hearing. The 40.18 commissioner shall summarize the proceedings and testimony and 40.19 maintain the record of a hearing held under this subdivision, 40.20 including any written statements submitted. 40.21 Subd. 2. [PHYSICAL DESIGN COMPONENT; LOCAL PARTICIPATION.] 40.22 At least 30 days before the hearing under subdivision 1, the 40.23 commissioner shall submit the physical design component of the 40.24 advanced corridor plan to the governing body of each statutory 40.25 and home rule charter city, county, and town in which the route 40.26 is to be located. Within 45 days after the hearing under 40.27 subdivision 1, the city, county, or town shall review and 40.28 comment on the plan. Within 45 days of the hearing, a city or 40.29 town shall approve or disapprove the location and design of the 40.30 station to be located in the city or town. A city or town that 40.31 disapproves shall describe specific amendments to the plan that, 40.32 if adopted, would cause the city or town to withdraw its 40.33 disapproval. Failure to comment in writing within 45 days after 40.34 the hearing is deemed to be accepted unless an extension of time 40.35 is agreed to by the metropolitan planning organization and the 40.36 commissioner of transportation. 41.1 Subd. 3. [MODIFICATION OF ADVANCED CORRIDOR PLAN.] After 41.2 the hearing under subdivision 1, and after the receipt of 41.3 comment under subdivision 2, the commissioner may modify the 41.4 advanced corridor plan. 41.5 Subd. 4. [ADVANCED CORRIDOR PLAN; METROPOLITAN PLANNING 41.6 ORGANIZATION REVIEW.] Before constructing commuter rail 41.7 facilities, the commissioner shall submit the advanced corridor 41.8 plan to each metropolitan planning organization in which the 41.9 route is to be located. The metropolitan planning organization 41.10 shall hold a hearing on the plan allowing the commissioner, 41.11 local governmental units, and other persons to present their 41.12 views as to whether the plan is consistent with the metropolitan 41.13 planning organization's development guide. Within 60 days after 41.14 the hearing, the metropolitan planning organization shall review 41.15 the plan submitted by the commissioner to determine whether it 41.16 is consistent with the development guide. If the plan is 41.17 consistent with the development guide, the metropolitan planning 41.18 organization shall approve it. If the plan is not consistent 41.19 with the development guide, the metropolitan planning 41.20 organization shall submit to the commissioner proposed 41.21 amendments to the plan to make it consistent with the 41.22 development guide. The commissioner shall incorporate the 41.23 proposed amendments into the final design plan. 41.24 Subd. 5. [COMMUTER RAIL CORRIDOR COORDINATING 41.25 COMMITTEE.] (a) A commuter rail corridor coordinating committee 41.26 shall be established to advise the commissioner on issues 41.27 relating to the alternatives analysis, environmental review, 41.28 advanced corridor planning, preliminary engineering, final 41.29 design, implementation method, construction of commuter rail, 41.30 public involvement, land use, service, and safety. The commuter 41.31 rail corridor coordinating committee shall consist of: 41.32 (1) one member representing each significant funding 41.33 partner in whose jurisdiction the line or lines are located; 41.34 (2) one member appointed by each county in which the 41.35 corridors are located; 41.36 (3) one member appointed by each city in which advanced 42.1 corridor plans indicate that a station may be located; 42.2 (4) two members appointed by the commissioner, one of whom 42.3 shall be designated by the commissioner as the chair of the 42.4 committee; 42.5 (5) one member appointed by each metropolitan planning 42.6 organization through which the commuter rail line may pass; and 42.7 (6) one member appointed by the president of the University 42.8 of Minnesota, if a designated corridor provides direct service 42.9 to the university. 42.10 (b) A joint powers board existing on April 1, 1999, 42.11 consisting of local governments along a commuter rail corridor, 42.12 shall perform the functions set forth in paragraph (a) in place 42.13 of the committee. 42.14 Sec. 31. [174.88] [COMMUTER RAIL FUNDING.] 42.15 The commissioner, in cooperation with appropriate 42.16 metropolitan planning organizations, may apply for funding from 42.17 federal, state, regional, local, and private sources for 42.18 commuter rail facility construction, operation, implementation, 42.19 maintenance, and improvement. 42.20 Sec. 32. [174.90] [COMMUTER RAIL OPERATION.] 42.21 The commissioner may contract for operation of commuter 42.22 rail facilities with the metropolitan council or other public or 42.23 private entities and shall commence revenue service after an 42.24 appropriate period of start-up to ensure satisfactory 42.25 performance. The commissioner shall coordinate with transit 42.26 providers to ensure integration of the commuter rail system with 42.27 bus and light rail transit service to avoid duplication of 42.28 service and to ensure the greatest access to commuter rail lines 42.29 in suburban and urban areas. 42.30 Sec. 33. Minnesota Statutes 1998, section 174A.02, 42.31 subdivision 4, is amended to read: 42.32 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters 42.33 within its jurisdiction the board shall receive, hear and 42.34 determine all petitions filed with it in accordance with the 42.35 procedures established by law and may hold hearings and make 42.36 determinations upon its own motion to the same extent, and in 43.1 every instance, in which it may do so upon petition. Upon 43.2 receiving petitions filed pursuant to sections221.061, 221.081,43.3 221.121, subdivision 1, 221.151, 221.296, and 221.55, the board 43.4 shall give notice of the filing of the petition to 43.5 representatives of associations or other interested groups or 43.6 persons who have registered their names with the board for that 43.7 purpose and to whomever the board deems to be interested in the 43.8 petition. The board may grant or deny the request of the 43.9 petition 30 days after notice of the filing has been fully 43.10 given. If the board receives a written objection and notice of 43.11 intent to appear at a hearing to object to the petition from any 43.12 person within 20 days of the notice having been fully given, the 43.13 request of the petition shall be granted or denied only after a 43.14 contested case hearing has been conducted on the petition, 43.15 unless the objection is withdrawn prior to the hearing. The 43.16 board may elect to hold a contested case hearing if no 43.17 objections to the petition are received. If a timely objection 43.18 is not received, or if received and withdrawn, and the request 43.19 of the petition is denied without hearing, the petitioner may 43.20 request within 30 days of receiving the notice of denial, and 43.21 shall be granted, a contested case hearing on the petition. 43.22 Sec. 34. Minnesota Statutes 1998, section 174A.06, is 43.23 amended to read: 43.24 174A.06 [CONTINUATION OF RULES.] 43.25 Orders and directives in force, issued, or promulgated 43.26 under authority of chapters 174A, 216A, 218, 219, 221, and 222 43.27 remain and continue in force and effect until repealed, 43.28 modified, or superseded by duly authorized orders or directives 43.29 of the commissioner of transportation. To the extent allowed 43.30 under federal law or regulation, rules adopted under authority 43.31 of the following sections are transferred to the commissioner of 43.32 transportation and continue in force and effect until repealed, 43.33 modified, or superseded by duly authorized rules of the 43.34 commissioner: 43.35 (1) section 218.041 except rules related to the form and 43.36 manner of filing railroad rates, railroad accounting rules, and 44.1 safety rules; 44.2 (2) section 219.40; 44.3 (3) rules relating to rates or tariffs, or the granting, 44.4 limiting, or modifying of permits or certificates of convenience 44.5 and necessity under section 221.031, subdivision 1; 44.6 (4) rules relating to the sale, assignment, pledge, or 44.7 other transfer of a stock interest in a corporation holding 44.8 authority to operate as a permit carrier as prescribed in 44.9 section 221.151, subdivision 1, or a local cartage carrier under 44.10 section 221.296, subdivision 8; 44.11 (5) rules relating to rates, charges, and practices under 44.12 section 221.161, subdivision 4; and 44.13 (6) rules relating to rates, tariffs, or the granting, 44.14 limiting, or modifying of permits under sections 221.121, 44.15 221.151, and 221.296or certificates of convenience and44.16necessity under section 221.071. 44.17 The commissioner shall review the transferred rules, 44.18 orders, and directives and, when appropriate, develop and adopt 44.19 new rules, orders, or directives. 44.20 Sec. 35. Minnesota Statutes 1998, section 221.011, 44.21 subdivision 15, is amended to read: 44.22 Subd. 15. [MOTOR CARRIER.] "Motor carrier" means acarrier44.23operating for hire under the authority of this chapter and44.24subject to the rules and orders of the commissioner or the board44.25 person engaged in the for-hire transportation of property or 44.26 passengers. "Motor carrier" does not include a person providing 44.27 transportation described in section 221.025, a building mover 44.28 subject to section 221.81, or a person providing limousine 44.29 service as defined in section 221.84. 44.30 Sec. 36. Minnesota Statutes 1998, section 221.011, 44.31 subdivision 37, is amended to read: 44.32 Subd. 37. [CERTIFICATED CARRIER.] "Certificated carrier" 44.33 means a motor carrier holding a certificateissued under section44.34221.071of registration. 44.35 Sec. 37. Minnesota Statutes 1998, section 221.011, 44.36 subdivision 38, is amended to read: 45.1 Subd. 38. [CLASS I CARRIER.] "Class I carrier" means a 45.2 person who has been issued a certificateunder section 221.07145.3to operate as a class I carrierof registration. 45.4 Sec. 38. Minnesota Statutes 1998, section 221.011, is 45.5 amended by adding a subdivision to read: 45.6 Subd. 48. [MOTOR CARRIER OF PASSENGERS.] "Motor carrier of 45.7 passengers" means a person engaged in the for-hire 45.8 transportation of passengers in vehicles designed to transport 45.9 eight or more persons, including the driver. 45.10 Sec. 39. Minnesota Statutes 1998, section 221.011, is 45.11 amended by adding a subdivision to read: 45.12 Subd. 49. [SMALL VEHICLE PASSENGER SERVICE.] "Small 45.13 vehicle passenger service" means a service provided by a person 45.14 engaged in the for-hire transportation of passengers in a 45.15 vehicle designed to transport seven or fewer persons, including 45.16 the driver. 45.17 Sec. 40. Minnesota Statutes 1998, section 221.021, is 45.18 amended to read: 45.19 221.021 [OPERATIONREGISTRATION CERTIFICATE OR PERMIT 45.20 REQUIRED.] 45.21 Subdivision 1. [REQUIREMENT.] No person may operate as a 45.22 motor carrier or advertise or otherwise hold out as a motor 45.23 carrier without a certificate of registration or permit in 45.24 effect. A certificate or permit may be suspended or revoked 45.25 upon conviction of violating a provision of sections 221.011 to 45.26 221.296 or an order or rule of the commissioneror board45.27 governing the operation of motor carriers, and upon a finding by 45.28 the court that the violation was willful. Theboard45.29 commissioner may, for good cause after a hearing, suspend or 45.30 revoke a certificate or permit for a violation of a provision of 45.31 sections 221.011 to 221.296 or an order issued or rule adopted 45.32 by the commissioner or board under this chapter. 45.33 Subd. 2. [SANCTIONS.] The commissioner may suspend, 45.34 revoke, or deny renewal of a certificate of registration for (1) 45.35 serious or repeated violations of this chapter, or (2) a pattern 45.36 of repeated violations of local ordinances governing traffic and 46.1 parking. 46.2 Subd. 3. [HEARING.] A motor carrier affected by an action 46.3 of the commissioner under subdivision 2 may, within 20 days of 46.4 receipt of a notice of the commissioner's action, request an 46.5 administrative hearing by following the procedures in section 46.6 221.036, subdivision 7. 46.7 Sec. 41. Minnesota Statutes 1998, section 221.022, is 46.8 amended to read: 46.9 221.022 [EXCEPTION.] 46.10 The powers granted to theboardcommissioner under sections 46.11 221.011 to 221.296 do not include the power to regulate any 46.12 service or vehicles operated by the metropolitan council or 46.13 toregulateregister passenger transportation service provided 46.14 under contract to the department or the metropolitan council. A 46.15 provider of passenger transportation service under contract to 46.16 the department or the metropolitan council may not also provide 46.17charterservice as a motor carrier of passengers without first 46.18 havingobtained a permit to operate as a charter46.19carrierregistered under section 221.0252. 46.20 Sec. 42. Minnesota Statutes 1998, section 221.025, is 46.21 amended to read: 46.22 221.025 [EXEMPTIONS.] 46.23 The provisions of this chapter requiring a certificate or 46.24 permit to operate as a motor carrier do not apply to the 46.25 intrastate transportation described below: 46.26 (a) the transportation of students to or from school or 46.27 school activities in a school bus inspected and certified under 46.28 section 169.451 and the transportation of children or parents to 46.29 or from a Head Start facility or Head Start activity in a Head 46.30 Start bus inspected and certified under section 169.451; 46.31 (b) the transportation of solid waste, as defined in 46.32 section 116.06, subdivision 22, including recyclable materials 46.33 and waste tires, except that the term "hazardous waste" has the 46.34 meaning given it in section 221.011, subdivision 31; 46.35 (c) a commuter van as defined in section 221.011, 46.36 subdivision 27; 47.1 (d) authorized emergency vehicles as defined in section 47.2 169.01, subdivision 5, including ambulances; and tow trucks 47.3 equipped with proper and legal warning devices when picking up 47.4 and transporting (1) disabled or wrecked motor vehicles or (2) 47.5 vehicles towed or transported under a towing order issued by a 47.6 public employee authorized to issue a towing order; 47.7 (e) the transportation of grain samples under conditions 47.8 prescribed by the board; 47.9 (f) the delivery of agricultural lime; 47.10 (g) the transportation of dirt and sod within an area 47.11 having a 50-mile radius from the home post office of the person 47.12 performing the transportation; 47.13 (h) the transportation of sand, gravel, bituminous asphalt 47.14 mix, concrete ready mix, concrete blocks or tile and the mortar 47.15 mix to be used with the concrete blocks or tile, or crushed rock 47.16 to or from the point of loading or a place of gathering within 47.17 an area having a 50-mile radius from that person's home post 47.18 office or a 50-mile radius from the site of construction or 47.19 maintenance of public roads and streets; 47.20 (i) the transportation of pulpwood, cordwood, mining 47.21 timber, poles, posts, decorator evergreens, wood chips, sawdust, 47.22 shavings, and bark from the place where the products are 47.23 produced to the point where they are to be used or shipped; 47.24 (j) the transportation of fresh vegetables from farms to 47.25 canneries or viner stations, from viner stations to canneries, 47.26 or from canneries to canneries during the harvesting, canning, 47.27 or packing season, or transporting sugar beets, wild rice, or 47.28 rutabagas from the field of production to the first place of 47.29 delivery or unloading, including a processing plant, warehouse, 47.30 or railroad siding; 47.31 (k) the transportation of property or freight, other than 47.32 household goods and petroleum products in bulk, entirely within 47.33 the corporate limits of a city or between contiguous cities 47.34 except as provided in section 221.296; 47.35 (l) the transportation of unprocessed dairy products in 47.36 bulk within an area having a 100-mile radius from the home post 48.1 office of the person providing the transportation; 48.2 (m) the transportation of agricultural, horticultural, 48.3 dairy, livestock, or other farm products within an area having a 48.4 100-mile radius from the person's home post office and the 48.5 carrier may transport other commodities within the 100-mile 48.6 radius if the destination of each haul is a farm; 48.7 (n)passenger transportation service that is not charter48.8service and that is under contract to and with operating48.9assistance from the department or the metropolitan council;48.10(o)the transportation of newspapers, as defined in section 48.11 331A.01, subdivision 5, telephone books, handbills, circulars, 48.12 or pamphlets in a vehicle with a gross vehicle weight of 10,000 48.13 pounds or less; and 48.14(p)(o) transportation of potatoes from the field of 48.15 production, or a storage site owned or otherwise controlled by 48.16 the producer, to the first place of processing. 48.17 The exemptions provided in this section apply to a person 48.18 only while the person is exclusively engaged in exempt 48.19 transportation. 48.20 Sec. 43. Minnesota Statutes 1998, section 221.0251, is 48.21 amended to read: 48.22 221.0251 [MOTOR CARRIER OF PROPERTY; REGISTRATION.] 48.23 Subdivision 1. [REGISTRATION STATEMENT.] A person who 48.24 wishes to operate as a motor carrier of property shall file a 48.25 complete and accurate registration statement with the 48.26 commissioner. A registration statement must be on a form 48.27 provided by the commissioner and include: 48.28 (1) the registrant's name, including an assumed or 48.29 fictitious name used by the registrant in doing business; 48.30 (2) the registrant's mailing address and business telephone 48.31 number; 48.32 (3) the registrant's federal Employer Identification Number 48.33 and Minnesota Business Identification Number and the 48.34 identification numbers, if any, assigned to the registrant by 48.35 the United States Department of Transportation, Interstate 48.36 Commerce Commission, or Environmental Protection Agency; 49.1 (4) the name, title, and telephone number of the individual 49.2 who is principally responsible for the operation of the 49.3 registrant's transportation business; 49.4 (5) the principal location from which the registrant 49.5 conducts its transportation business and where the records 49.6 required by this chapter will be kept; 49.7 (6) if different from clause (5), the location in Minnesota 49.8 where the records required by this chapter will be available for 49.9 inspection and copying by the commissioner; 49.10 (7) whether the registrant transports hazardous materials 49.11 or hazardous waste; 49.12 (8) whether the registrant's business is a corporation, 49.13 partnership, limited liability partnership, limited liability 49.14 company, or sole proprietorship; and 49.15 (9) if the registrant is a foreign corporation authorized 49.16 to transact business in Minnesota, the state of incorporation 49.17 and the name and address of its registered agent. 49.18 Subd. 2. [SIGNATURE REQUIRED.] A registration statement 49.19 may be signed only by a corporate officer, general partner, 49.20 limited liability company board member, or sole proprietor. A 49.21 signature must be notarized. 49.22 Subd. 3. [CERTIFICATE OF REGISTRATION; ISSUANCE; 49.23 LOCATION.] (a) The commissioner shall issue a certificate of 49.24 registration to a registrant who has filed a registration 49.25 statement that complies with subdivisions 1 and 2 and paid the 49.26 required fee, has a satisfactory safety rating and, if 49.27 applicable, has complied with the financial responsibility 49.28 requirements in section 221.141. The commissioner may not issue 49.29 a certificate of registration to a registrant who has an 49.30 unsatisfactory safety rating. 49.31 (b) A certificate of registration must be numbered and bear 49.32 an effective date. 49.33 (c) A certificate of registration must be kept at the 49.34 registrant's principal place of business. 49.35 Subd. 4. [DURATION.] A certificate of registration is not 49.36 assignable or transferable and is valid until it is suspended, 50.1 revoked, or canceled. 50.2 Subd. 5. [OBLIGATION TO KEEP INFORMATION CURRENT.] A 50.3 registrant shall notify the commissioner in writing of any 50.4 change in the information described in subdivision 1. 50.5 Sec. 44. [221.0252] [PASSENGER CARRIERS; REGISTRATION; 50.6 EXEMPTIONS.] 50.7 Subdivision 1. [FILING REQUIRED.] A person who wishes to 50.8 operate as a motor carrier of passengers must file with the 50.9 commissioner a complete and accurate federal motor carrier 50.10 identification report form MCS-150. In addition, a person must 50.11 file a vehicle registration form prescribed by the commissioner 50.12 describing the make, model, number of passengers the vehicle is 50.13 designed to transport as determined by the vehicle's 50.14 manufacturer, and license plate and vehicle identification 50.15 number of each vehicle that the registrant will be using in 50.16 those operations for which registration is required. 50.17 Subd. 2. [SIGNATURE REQUIRED.] A form required under this 50.18 section may be signed only by a corporate officer, general 50.19 partner, limited liability company board member, or sole 50.20 proprietor. 50.21 Subd. 3. [AUDIT; INSPECTION.] Within 90 days of issuing a 50.22 new certificate of registration to a carrier under this section, 50.23 and before issuing an annual renewal of a certificate of 50.24 registration, the commissioner shall: 50.25 (1) conduct an audit of the carrier's records; 50.26 (2) inspect the vehicles the carrier uses in its motor 50.27 carrier operation to determine if they comply with the federal 50.28 regulations incorporated in section 221.0314 or accept for 50.29 filing proof that a complete vehicle inspection was conducted 50.30 within the previous 30 days by a commercial vehicle inspector of 50.31 the department of public safety; 50.32 (3) verify that the carrier has a designated office in 50.33 Minnesota where the books and files necessary to conduct 50.34 business and the records required by this chapter are kept and 50.35 shall be available for inspection by the commissioner; 50.36 (4) audit the carrier's drivers' criminal background and 51.1 safety records; and 51.2 (5) verify compliance with the insurance requirements of 51.3 section 221.141. 51.4 Subd. 4. [CERTIFICATE OF REGISTRATION; REQUIREMENTS; 51.5 ISSUANCE; DURATION.] (a) The commissioner shall issue a 51.6 certificate of registration to a carrier who (1) does not have 51.7 an unsatisfactory safety rating, (2) has complied with 51.8 subdivisions 1 and 2, (3) has paid the required fee, (4) in the 51.9 case of an annual renewal, has been audited and inspected under 51.10 subdivision 3, and (5) has complied with the financial 51.11 responsibility requirements in section 221.141. 51.12 (b) A photocopy of the carrier's certificate of 51.13 registration must be carried in each vehicle operated under the 51.14 registration and must be made available to the department and 51.15 other law enforcement officials upon request. 51.16 (c) Registration under this section is not assignable or 51.17 transferable and is valid until it expires or is suspended, 51.18 revoked, or canceled, whichever occurs first. A registration is 51.19 valid for one year from the date issued. 51.20 Subd. 5. [SUSPENSION FOR UNSATISFACTORY SAFETY 51.21 RATING.] Following the procedures in section 221.185, the 51.22 commissioner shall immediately suspend the registration of a 51.23 carrier who receives an unsatisfactory safety rating. The 51.24 commissioner shall conduct one follow-up compliance audit to 51.25 determine if the carrier's safety rating should be changed or 51.26 the suspension rescinded within 30 days of receiving a written 51.27 request from the carrier. Additional compliance reviews may be 51.28 conducted at the commissioner's discretion. 51.29 Subd. 6. [ANNUAL RENEWAL.] A carrier registered under this 51.30 section must renew its registration each year on a form 51.31 prescribed by the commissioner. The commissioner shall develop 51.32 and implement an expedited renewal process to minimize the 51.33 burden on motor carriers. 51.34 Subd. 7. [FEES.] The fee for initial registration and each 51.35 subsequent renewal under this section is $1,000. All fees under 51.36 this subdivision must be deposited in the state treasury and 52.1 credited to the trunk highway fund. 52.2 Subd. 8. [EXEMPTIONS FROM REGULATION.] Notwithstanding any 52.3 other law, motor carriers of passengers are exempt from sections 52.4 221.121; 221.122; 221.123; 221.132; 221.151; 221.161; and 52.5 221.171. 52.6 Sec. 45. Minnesota Statutes 1998, section 221.026, 52.7 subdivision 2, is amended to read: 52.8 Subd. 2. [EXEMPTIONS FROM REQUIREMENTS.] Notwithstanding 52.9 any other law, a motor carrier of property is exempt from 52.10 sections 221.021;221.041; 221.061; 221.071;221.072;221.081;52.11 221.121; 221.122; 221.123; 221.131; 221.132; 221.151; 221.161; 52.12 221.172, subdivisions 3 to 8; 221.185, except as provided in 52.13 subdivision 4; and 221.296. The exemptions in this subdivision 52.14 do not apply to a motor carrier of property while transporting 52.15 household goods. 52.16 Sec. 46. Minnesota Statutes 1998, section 221.031, 52.17 subdivision 1, is amended to read: 52.18 Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 52.19 This subdivision applies to motor carriers engaged in intrastate 52.20 commerce. 52.21 (b) The commissioner shall prescribe rules for the 52.22 operation of motor carriers, including their facilities; 52.23 accounts; leasing of vehicles and drivers; service; safe 52.24 operation of vehicles; equipment, parts, and accessories; hours 52.25 of service of drivers; driver qualifications; accident 52.26 reporting; identification of vehicles; installation of safety 52.27 devices; inspection, repair, and maintenance; and proper 52.28 automatic speed regulators if, in the opinion of the 52.29 commissioner, there is a need for the rules. 52.30 (c) The commissioner shall direct the repair and 52.31 reconstruction or replacement of an inadequate or unsafe motor 52.32 carrier vehicle or facility. The commissioner may require the 52.33 construction and maintenance or furnishing of suitable and 52.34 proper freight terminals, passenger depots, waiting rooms, and 52.35 accommodations or shelters in a city in this state or at a point 52.36 on the highway traversed which the commissioner, after 53.1 investigation by the department, may deem just and proper for 53.2 the protection of passengers or property. 53.3 (d) The commissioner shall require holders of household 53.4 goods mover permits, charter carrier permits, and regular route53.5passenger carrier certificatesto file annual and other reports 53.6 including annual accounts of motor carriers, schedules of rates 53.7 and charges, or other data by motor carriers, regulate motor 53.8 carriers in matters affecting the relationship between them and 53.9 the traveling and shipping public, and prescribe other rules as 53.10 may be necessary to carry out the provisions of this chapter. 53.11 (e) A motor carrier subject to paragraph (d) but having 53.12 gross revenues from for-hire transportation in a calendar year 53.13 of less than $200,000 may, at the discretion of the 53.14 commissioner, be exempted from the filing of an annual report, 53.15 if instead the motor carrier files an abbreviated annual report, 53.16 in a form as may be prescribed by the commissioner, attesting 53.17 that the motor carrier's gross revenues did not exceed $200,000 53.18 in the previous calendar year. Motor carrier gross revenues 53.19 from for-hire transportation, for the purposes of this 53.20 subdivision only, do not include gross revenues received from 53.21 the operation of school buses as defined in section 169.01, 53.22 subdivision 6. 53.23 (f) The commissioner shall enforce sections 169.781 to 53.24 169.783. 53.25(g) The commissioner shall make no rules relating to the53.26granting, limiting, or modifying of permits or certificates of53.27convenience and necessity, which are powers granted to the board.53.28(h) The board may extend the termini of a route or alter or53.29change the route of a regular route common carrier upon petition53.30and after finding that public convenience and necessity require53.31an extension, alteration, or change.53.32 Sec. 47. Minnesota Statutes 1998, section 221.031, 53.33 subdivision 2, is amended to read: 53.34 Subd. 2. [EXEMPTIONS FOR PRIVATE CARRIERS.] This 53.35 subdivision applies to private carriers engaged in intrastate 53.36 commerce. 54.1 (a) Private carriers operating vehicles with a gross 54.2 vehicle weight of more than 10,000 pounds shall comply 54.3 withrules adopted underthose federal regulations incorporated 54.4 by reference in: 54.5 (1) section 221.0314, subdivisions 2 to 5, for driver 54.6 qualifications; 54.7 (2) section 221.0314, subdivision 9, for hours of service 54.8 of drivers; 54.9 (3) section 221.0314, subdivision 6, for driving of motor 54.10 vehicles; 54.11 (4) section 221.0314, subdivision 7, for parts and 54.12 accessories necessary for safe operation; and 54.13 (5) section 221.0314, subdivision 10, for inspection, 54.14 repair, and maintenance; and. 54.15(6) this section for leasing of vehicles or vehicles and54.16drivers.54.17Private carriers not subject to the rules for driver54.18qualifications before August 1, 1992, must comply with those54.19rules on and after August 1, 1994.54.20 (b) The rules for hours of service of drivers do not apply 54.21 to private carriers who are (1) public utilities as defined in 54.22 section 216B.02, subdivision 4; (2) cooperative electric 54.23 associations organized under chapter 308A; (3) telephone 54.24 companies as defined in section 237.01, subdivision 2; or (4) 54.25 engaged in the transportation of construction materials, tools 54.26 and equipment from shop to job site or job site to job site, for 54.27 use by the private carrier in the new construction, remodeling, 54.28 or repair of buildings, structures or their appurtenances. 54.29 (c) The rules for driver qualifications and hours of 54.30 service of drivers do not apply to vehicles controlled by a 54.31 farmer and operated by a farmer or farm employee to transport 54.32 agricultural products, farm machinery, or supplies to or from a 54.33 farm if the vehicle is not used in the operations of a motor 54.34 carrier and not carrying hazardous materials of a type or 54.35 quantity that requires the vehicle to be marked or placarded in 54.36 accordance with section 221.033. 55.1 (d) The rules for driver qualifications do not apply to a 55.2 driver employed by a private carrier while operating a 55.3 lightweight vehicle. 55.4 Sec. 48. Minnesota Statutes 1998, section 221.031, 55.5 subdivision 6, is amended to read: 55.6 Subd. 6. [VEHICLE IDENTIFICATION RULE.] (a) The following 55.7 carriers shall display the carrier's name and address on the 55.8 power unit of each vehicle: 55.9 (1) motor carriers, regardless of the weight of the 55.10 vehicle, except that this requirement does not apply to a 55.11 limousine as defined in section 168.011, subdivision 35, that is 55.12 equipped with "LM" license plates; 55.13 (2) interstate and intrastate private carriers operating 55.14 vehicles with a gross vehicle weight of more than 10,000 pounds; 55.15 and 55.16 (3) vehicles providing transportation described in section 55.17 221.025 with a gross vehicle weight of more than 10,000 pounds 55.18 except those providing transportation described in section 55.19 221.025, clauses (a), (c), and (d). 55.20 Vehicles described in clauses (2) and (3) that are operated 55.21 by farmers or farm employees and have four or fewer axles are 55.22 not required to comply with the vehicle identification rule of 55.23 the commissioner. 55.24 (b) Vehicles subject to this subdivision must show the name 55.25 or "doing business as" name of the carrier operating the vehicle 55.26 and the community and abbreviation of the state in which the 55.27 carrier maintains its principal office or in which the vehicle 55.28 is customarily based. If the carrier operates a leased vehicle, 55.29 it may show its name and the name of the lessor on the vehicle, 55.30 if the lease relationship is clearly shown. If the name of a 55.31 person other than the operating carrier appears on the vehicle, 55.32 the words "operated by" must immediately precede the name of the 55.33 carrier. 55.34 (c) The name and address must be in letters that contrast 55.35 sharply in color with the background, be readily legible during 55.36 daylight hours from a distance of 50 feet while the vehicle is 56.1 stationary, and be maintained in a manner that retains the 56.2 legibility of the markings. The name and address may be shown 56.3 by use of a removable device if that device meets the 56.4 identification and legibility requirements of this subdivision. 56.5 Sec. 49. Minnesota Statutes 1998, section 221.036, 56.6 subdivision 1, is amended to read: 56.7 Subdivision 1. [ORDER.] The commissioner may issue an 56.8 order requiring violations to be corrected and administratively 56.9 assessing monetary penalties for a violation of (1) section 56.10 221.021; (2) section 221.033, subdivision 2b; (3)section56.11221.041, subdivision 3; (4) section 221.081; (5)section 56.12 221.151;(6)(4) section 221.171;(7)(5) section 221.141; 56.13(8)(6) section 221.035, or a material term or condition of a 56.14 license issued under that section; or (7) rules of the board or 56.15 commissioner relating to the transportation of hazardous waste, 56.16 motor carrier operations, insurance, or tariffs and accounting. 56.17 An order must be issued as provided in this section. 56.18 Sec. 50. Minnesota Statutes 1998, section 221.036, 56.19 subdivision 3, is amended to read: 56.20 Subd. 3. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 56.21 commissioner may issue an order assessing a penalty of up to 56.22 $5,000 for all violations of section 221.021;221.041,56.23subdivision 3; 221.081;221.141; 221.151; or 221.171, or rules 56.24 of the board or commissioner relating to motor carrier 56.25 operations, insurance, or tariffs and accounting, identified 56.26 during a single inspection, audit, or investigation. 56.27 (b) The commissioner may issue an order assessing a penalty 56.28 up to a maximum of $10,000 for all violations of section 56.29 221.033, subdivision 2b, or 221.035, and rules adopted under 56.30 those sections, identified during a single inspection or audit. 56.31 (c) In determining the amount of a penalty, the 56.32 commissioner shall consider: 56.33 (1) the willfulness of the violation; 56.34 (2) the gravity of the violation, including damage to 56.35 humans, animals, air, water, land, or other natural resources of 56.36 the state; 57.1 (3) the history of past violations, including the 57.2 similarity of the most recent violation and the violation to be 57.3 penalized, the time elapsed since the last violation, the number 57.4 of previous violations, and the response of the person to the 57.5 most recent violation identified; 57.6 (4) the economic benefit gained by the person by allowing 57.7 or committing the violation; and 57.8 (5) other factors as justice may require, if the 57.9 commissioner specifically identifies the additional factors in 57.10 the commissioner's order. 57.11 Sec. 51. Minnesota Statutes 1998, section 221.091, is 57.12 amended to read: 57.13 221.091 [LIMITATIONS; RELATIONSHIP TO LOCAL REGULATION.] 57.14 Subdivision 1. [LOCAL AUTHORITY OVER STREETS AND 57.15 HIGHWAYS.]No provision inSections 221.011 to 221.291and57.16221.84 to 221.85 shalldo not authorize the use byanya carrier 57.17 ofanya public highway inanya city of the first class in 57.18 violation ofanya charter provision or ordinance ofsuchthe 57.19 city in effect January 1, 1925, unlessand except as suchthe 57.20 charterprovisionsprovision or ordinancemay beis repealed 57.21 after that date; nor shall. In addition, sections 221.011 to 57.22 221.291and 221.84 to 221.85 be construed as in any manner57.23taking from or curtailingdo not (1) curtail the right ofanya 57.24 city to reasonably regulate or control the routing, parking, 57.25 speed orthesafety of operation of a motor vehicle operated by 57.26anya carrier under the terms of those sections,or(2) curtail 57.27 the general police power ofany suchthe city over its highways;57.28nor shall sections 221.011 to 221.291 and 221.84 to 221.85 be57.29construed as abrogating, or (3) abrogate any provision of 57.30 the city's charterof any such cityrequiring certain conditions 57.31 to be complied with beforesucha carrier can use the highways 57.32 ofsuchthe city, andsuchthese rights and powersherein57.33statedareherebyexpressly reserved and granted tosuchthe 57.34 city; but. However, nosuchcity shall prohibit or deny the use 57.35 of the public highways within its territorial boundaries byany57.36sucha carrier fortransportation oftransporting passengers or 58.1 property received within its boundaries to destinations 58.2 beyondsuchthe city's boundaries, or fortransportation58.3oftransporting passengers or property from points beyondsuch58.4 the city's boundaries to destinations within thesamethe city's 58.5 boundaries, or fortransportation oftransporting passengers or 58.6 property from points beyondsuchthe city's boundaries through 58.7such municipalitythe city to points beyond the city's 58.8 boundariesof such municipality, where such operationwhen the 58.9 carrier is operating pursuant to a certificate ofconvenience58.10and necessityregistration issuedby the commissionunder this 58.11 chapter ortoa permit issued by the commissioner under section 58.12 221.84or 221.85. 58.13 Subd. 2. [LOCAL LICENSING OF SMALL VEHICLE PASSENGER 58.14 SERVICE.] A city that licenses and regulates small vehicle 58.15 passenger service must do so by ordinance. The ordinance must, 58.16 at a minimum, provide for driver qualifications, insurance, 58.17 vehicle safety, and periodic vehicle inspections. A city that 58.18 has adopted an ordinance complying with this subdivision may 58.19 enforce the registration requirement in section 221.021. 58.20 Subd. 3. [METROPOLITAN AIRPORTS COMMISSION 58.21 AUTHORITY.] Notwithstanding any other law, the metropolitan 58.22 airports commission may regulate ground transportation to and 58.23 from an airport under its jurisdiction. This authority 58.24 includes, but is not limited to, regulating the number and type 58.25 of transportation service, making concession agreements, and 58.26 establishing vehicle standards. 58.27 Sec. 52. Minnesota Statutes 1998, section 221.122, 58.28 subdivision 1, is amended to read: 58.29 Subdivision 1. [REGISTRATION, INSURANCE, AND FILING 58.30 REQUIREMENTS.] An order issued by the board which grants a 58.31 certificate or permit must contain a service date. The person 58.32 to whom the order granting the certificate or permit is issued 58.33 shall do the following within 45 days from the service date of 58.34 the order: 58.35 (1) register vehicles which will be used to provide 58.36 transportation under the permit or certificate with the 59.1 commissioner and pay the vehicle registration fees required by 59.2 law; 59.3 (2) file and maintain insurance or bond as required by 59.4 sections 221.141 and 221.296 and rules of the commissioner and 59.5 board; and 59.6 (3) file rates and tariffs as required bysections 221.04159.7andsection 221.161 and rules of the commissioner and board. 59.8 Sec. 53. Minnesota Statutes 1998, section 221.124, is 59.9 amended to read: 59.10 221.124 [INITIAL MOTOR CARRIER CONTACT PROGRAM.] 59.11 Subdivision 1. [INITIAL MOTOR CARRIER CONTACT.] The 59.12 initial motor carrier contact program consists of an initial 59.13 contact, for educational purposes, between a motor carrier 59.14 required to participate and representatives of the department of 59.15 transportation. The initial contact may be through an 59.16 educational seminar or, at the discretion of the department, 59.17 through a personalmeetingcontact with a representative of the 59.18 department. The initial contact must consist of a discussion of 59.19 the statutes, rules, and regulations that apply to motor 59.20 carriers. Topics discussed must include:carrier authority;59.21the leasing of drivers and vehicles;insurance requirements; 59.22tariffs; annual reports;accident reporting; accident 59.23 countermeasures; identification of vehicles; driver 59.24 qualifications; maximum hours of service of drivers; the safe 59.25 operation of vehicles; equipment, parts, and accessories; and 59.26 inspection, repair, and maintenance. The department shall 59.27 provide written documentation of proof of compliance with the 59.28 requirements of subdivision 2 and shall give a copy of the 59.29 document to the motor carrier. 59.30 Subd. 2. [PARTICIPATION REQUIRED.] A motor carrier 59.31 thatreceives a certificate or permit fromfirst registers with 59.32 or receives a permit from theboard for new authority on59.33orcommissioner afterSeptember 1, 1991January 1, 2000, shall 59.34 participate in the initial motor carrier contact program. A 59.35 motor carrier required to participate in the program must have 59.36 in attendance at least one motor carrier official having a 60.1 substantial interest or control, directly or indirectly, in or 60.2 over the operations conducted or to be conducted under 60.3 thecertificatecarrier's registration or permit. 60.4 Subd. 3. [TIME FOR COMPLIANCE.] A motor carrier required 60.5 by subdivision 2 to participate in the program must do so within 60.6 90 days of the service date of the order granting the 60.7certificate orpermit or within 90 days of registering, unless 60.8 the commissioner extends the time for compliance. Failure to 60.9 comply with the requirement of subdivision 2 makes the order 60.10 granting thecertificate orpermit or the carrier's registration 60.11 void upon expiration of the time for compliance. 60.12 Sec. 54. Minnesota Statutes 1998, section 221.131, 60.13 subdivision 2, is amended to read: 60.14 Subd. 2. [ANNUAL VEHICLE REGISTRATION; FEE.] (a) This 60.15 subdivision applies only to holders of household goods mover 60.16 permits andcharter carrier permitsmotor carriers of passengers. 60.17 (b)TheA permit holder or motor carrier of passengers 60.18 shall pay an annual registration fee of$40$80 on each vehicle, 60.19 including pickup and delivery vehicles, operated by theholder60.20 carrier under authority of the permit or certificate of 60.21 registration during the 12-month period or fraction of the 60.22 12-month period. Trailers and semitrailers used by a permit 60.23 holder in combination with power units may not be counted as 60.24 vehicles in the computation of fees under this section if the 60.25 permit holder pays the fees for power units. 60.26 (c) The commissioner shall furnish a distinguishing annual 60.27 identification card for each vehicle or power unit for which a 60.28 fee has been paid. The identification card must at all times be 60.29 carried in the vehicle or power unit to which it has been 60.30 assigned. An identification card may be reassigned to another 60.31 vehicle or power unit upon application of thepermit holder60.32 carrier and payment of a transfer fee of $10. An identification 60.33 card issued under this section is valid only for the period for 60.34 which the permit or certificate of registration is effective. 60.35 (d) A fee of $10 is charged for the replacement of an 60.36 unexpired identification card that has been lost. 61.1 (e) The proceeds of the fees collected under this 61.2 subdivision must be deposited in the trunk highway fund. 61.3 Sec. 55. Minnesota Statutes 1998, section 221.141, 61.4 subdivision 1, is amended to read: 61.5 Subdivision 1. [FINANCIAL RESPONSIBILITY OF CARRIERS.] (a) 61.6 No motor carrier and no interstate carrier shall operate a 61.7 vehicle until it has obtained and has in effect the minimum 61.8 amount of financial responsibility required by this section. 61.9 Policies of insurance, surety bonds, other types of security, 61.10 and endorsements must be continuously in effect and must remain 61.11 in effect until canceled. Before providing transportation, the 61.12 motor carrier or interstate carrier shall secure and cause to be 61.13 filed with the commissioner and maintain in full effect, a 61.14 certificate of insurance in a form required by the commissioner, 61.15 evidencing public liability insurance in the amount prescribed. 61.16 The insurance must cover injuries and damage to persons or 61.17 property resulting from the operation or use of motor vehicles, 61.18 regardless of whether each vehicle is specifically described in 61.19 the policy. This insurance does not apply to injuries or death 61.20 to the employees of the motor carrier or to property being 61.21 transported by the carrier.The commissioner shall require61.22cargo insurance for certificated carriers, except those carrying61.23passengers exclusively. The commissioner may require a permit61.24carrier to file cargo insurance when the commissioner deems61.25necessary to protect the users of the service.61.26 (b) Notwithstanding any other provision of this chapter, 61.27 the insurance required of a motor carrier of passengers must be 61.28 at least that amount required of interstate carriers under Code 61.29 of Federal Regulations, title 49, section 387.33, as amended. 61.30 Sec. 56. Minnesota Statutes 1998, section 221.172, 61.31 subdivision 10, is amended to read: 61.32 Subd. 10. [RETAINED THREE YEARS.] A shipping document or 61.33 record described insubdivisionssubdivision 2to 9or 3, or a 61.34 copy of it, must be retained by the carrier for at least three 61.35 years from the date on the shipping document or record. A 61.36 carrier may keep a shipping record described insubdivisions62.1 subdivision 3to 9by any technology that prevents the 62.2 alteration, modification, or erasure of the underlying data and 62.3 will enable production of an accurate and unaltered paper copy. 62.4 A carrier shall keep a shipping record in a manner that will 62.5 make it readily accessible and shall have a means of identifying 62.6 and producing a legible paper copy for inspection by the 62.7 commissioner upon request. 62.8 Sec. 57. [221.178] [MOTOR CARRIERS OF PASSENGERS; CRIMINAL 62.9 BACKGROUND CHECK.] 62.10 Subdivision 1. [CARRIER TO CONDUCT BACKGROUND CHECK.] A 62.11 motor carrier of passengers shall conduct, or cause to be 62.12 conducted, an initial background check of a person the carrier 62.13 hires or with whom the carrier contracts whose duties include 62.14 operating a vehicle used to transport passengers. A subsequent 62.15 background check must be conducted every three years. 62.16 Subd. 2. [SCOPE AND PROCEDURES OF CHECK.] Sections 62.17 299C.67, 299C.68, 299C.70, and 299C.71 apply to background 62.18 checks conducted under subdivision 1. For purposes of this 62.19 section, when used in sections 299C.67, 299C.68, 299C.70, and 62.20 299C.71, the term "owner" refers to a motor carrier of 62.21 passengers and the term "manager" refers to a driver. A motor 62.22 carrier of passengers may not use a driver to operate a vehicle 62.23 providing passenger transportation if the background check 62.24 response shows that the driver has been convicted of a 62.25 background check crime defined in section 299C.67, subdivision 62.26 2, paragraph (a) or (b). 62.27 Subd. 3. [RECORDS.] A carrier shall keep a record, 62.28 identified by the employee's name, of a background check 62.29 conducted under this section. A record must be made available 62.30 to the commissioner upon request. 62.31 Sec. 58. Minnesota Statutes 1998, section 221.185, 62.32 subdivision 1, is amended to read: 62.33 Subdivision 1. [GROUNDS FOR SUSPENSION.] Despite the 62.34 provisions of section 221.021,authority to operate asa 62.35 household goods mover permit or a motor carrier registration 62.36 issued undersections 221.011 to 221.296section 221.0251 or 63.1 221.0252 is suspended without a hearing, by order of the 63.2 commissioner,for a period not to exceed 45 days upon the63.3occurrence of any of the following and upon notice of suspension63.4as provided in subdivision 2:63.5(a) the motor carrierif the permit holder or carrier fails 63.6 to maintain and file with the commissioner, the insurance or 63.7 bond required bysectionssection 221.141and 221.296and rules 63.8of the commissioner;63.9(b) the motor carrier fails to renew permits as required by63.10section 221.131;63.11(c)adopted under that section or themotorcarrier or 63.12 permit holder fails to pay annual vehicle registration fees or 63.13 renew permits as required bysections 221.071,section 221.131, 63.14and 221.296;or 63.15(d) the motor carrier fails to maintain in good standing a63.16protective agent's or private detective's license required under63.17section 221.121, subdivision 6g, paragraph (b), or 221.153,63.18subdivision 3the permit holder or carrier fails to pay an 63.19 administrative penalty under section 221.036. 63.20 Sec. 59. Minnesota Statutes 1998, section 221.185, 63.21 subdivision 2, is amended to read: 63.22 Subd. 2. [NOTICE OF SUSPENSION.] (a) Failure to file and 63.23 maintain insurance, renew permits under section 221.131, or to 63.24 pay annual vehicle registration fees or renew permits under 63.25 section221.071,221.131,or 221.296, or to maintain in good 63.26 standing a protective agent's or private detective's license 63.27 required under section 221.121, subdivision 6g, or 221.153, 63.28 subdivision 3, suspends a motor carrier's permit or certificate 63.29 two days after the commissioner sends notice of the suspension 63.30 by certified mail, return receipt requested, to the last known 63.31 address of the motor carrier. 63.32 (b) In order to avoid permanent cancellation of the permit 63.33 or certificate, the motor carrier must do one of the following 63.34 within 45 days from the date of suspension: 63.35 (1) comply with the law by filing insurance or bond, 63.36 renewing permits, or paying vehicle registration fees; or 64.1 (2) request a hearing before the board regarding the 64.2 failure to comply with the law. 64.3 Sec. 60. Minnesota Statutes 1998, section 221.185, is 64.4 amended by adding a subdivision to read: 64.5 Subd. 2a. [NOTICE OF SUSPENSION; EFFECTIVE DATE.] The 64.6 commissioner shall issue a notice of suspension if one of the 64.7 conditions described in subdivision 1 occurs. The notice must 64.8 give the reason for suspension and must be sent to the last 64.9 known address of the carrier by certified mail, return receipt 64.10 requested. A suspension is effective two days after a notice is 64.11 mailed. 64.12 Sec. 61. Minnesota Statutes 1998, section 221.185, 64.13 subdivision 3, is amended to read: 64.14 Subd. 3. [RESCIND SUSPENSION.] If the motor carrier 64.15 complies with the requirements of this chapter within 45 days 64.16 after the date of suspension and pays the required fees, 64.17 including a late vehicle registration fee of $5 for each vehicle 64.18 registered, the commissioner shall rescind the suspension unless 64.19 the carrier's registration has expired. If a registered carrier 64.20 fails to comply within one year of the effective date of a 64.21 suspension, the carrier's registration is canceled. 64.22 Sec. 62. Minnesota Statutes 1998, section 221.185, 64.23 subdivision 4, is amended to read: 64.24 Subd. 4. [FAILURE TO COMPLY, CANCELLATION.] Except as 64.25 provided in subdivision 5a, failure to comply with the 64.26 requirements of sections 221.141 and 221.296 relating to bonds 64.27 and insurance, 221.131 relating to permit renewal,221.071,64.28 221.131,or 221.296 relating to annual vehicle registration or 64.29 permit renewal, 221.121, subdivision 6g, or 221.153, subdivision 64.30 3, relating to protective agent or private detective licensure, 64.31 or to request a hearing within 45 days of the date of 64.32 suspension, is deemed an abandonment of the motor carrier's 64.33 permit or certificate and the permit or certificate must be 64.34 canceled by the commissioner. 64.35 Sec. 63. Minnesota Statutes 1998, section 221.185, 64.36 subdivision 9, is amended to read: 65.1 Subd. 9. [NEW PETITION.] If the holder of a canceled 65.2 permit or certificate seeks authority to operate as a motor 65.3 carrier it shall file a petition with the commissioner for a 65.4 permit or certificate as provided in section221.061,221.121,65.5 or 221.296, whichever is applicable. 65.6 Sec. 64. Minnesota Statutes 1998, section 221.221, 65.7 subdivision 3, is amended to read: 65.8 Subd. 3. [DELEGATED POWERS.] Representatives of the 65.9 department to whom authority has been delegated by the 65.10 commissioner for the purpose of enforcing sections 169.781 to 65.11 169.783, 221.041,and 221.171 and the rules, orders, or 65.12 directives of the commissioner or board adopted or issued under 65.13 those sections, and for no other purpose, shall have the powers 65.14 conferred by law upon police officers. The representatives of 65.15 the department have the power to inspect records, logs, freight 65.16 bills, bills of lading, or other documents which may provide 65.17 evidence to determine compliance with sections 169.781 to 65.18 169.783, 221.041,and 221.171. 65.19 Sec. 65. Minnesota Statutes 1998, section 221.291, 65.20 subdivision 4, is amended to read: 65.21 Subd. 4. [OPERATING WITHOUTCERTIFICATEREGISTRATION OR 65.22 PERMIT.] A person who operates a motor carrier withoutobtaining65.23required certificates or permits to operate as required by this65.24chapterfirst registering under section 221.0251 or 221.0252, or 65.25 who operates as a household goods mover without having obtained 65.26 the necessary permit, is guilty of a misdemeanor, and upon 65.27 conviction shall be fined not less than the maximum fine which 65.28 may be imposed for a misdemeanor for each violation. 65.29 Sec. 66. Minnesota Statutes 1998, section 221.55, is 65.30 amended to read: 65.31 221.55 [CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.] 65.32 No person or corporation shall engage in the transportation 65.33 described in section 221.54 without a certificate of public 65.34 convenience and necessity from the board authorizing such 65.35 operation. Such certificate shall be issued by the board 65.36 pursuant to application, notice, and hearingas provided in66.1sections 221.061 and 221.071, and the issuance of certificates 66.2 and the transportation covered thereby shall be governed by the 66.3 provisions ofsuch sections and by sectionssection 221.031, 66.4221.041, 221.051 and 221.081,applying to certificated common 66.5 carriers for hire, insofar as such provisions are not 66.6 inconsistent with section 221.54 and this section. 66.7 Sec. 67. Minnesota Statutes 1998, section 297B.09, 66.8 subdivision 1, is amended to read: 66.9 Subdivision 1. [GENERAL FUND SHAREALLOCATION OF 66.10 RECEIPTS.](a)Money collected and received under this chapter 66.11 must be deposited in the state treasury and creditedto the66.12general fund. The amounts collected and received shall be66.13credited as provided in this subdivision, and transferred from66.14the general fund on July 15 and February 15 of each fiscal66.15year. The commissioner of finance must make each transfer based66.16upon the actual receipts of the preceding six calendar months66.17and include the interest earned during that six-month period.66.18The commissioner of finance may establish a quarterly or other66.19schedule providing for more frequent payments to the transit66.20assistance fund if the commissioner determines it is necessary66.21or desirable to provide for the cash flow needs of the66.22recipients of money from the transit assistance fund.66.23(b) Twenty-five percent of the money collected and received66.24under this chapter after June 30, 1990, and before July 1, 1991,66.25must be transferred to the highway user tax distribution fund66.26and the transit assistance fund for apportionment as follows:66.2775 percent must be transferred to the highway user tax66.28distribution fund for apportionment in the same manner and for66.29the same purposes as other money in that fund, and the remaining66.3025 percent of the money must be transferred to the transit66.31assistance fund to be appropriated to the commissioner of66.32transportation for transit assistance within the state and to66.33the metropolitan council.66.34(c) The distributions under this subdivision to the highway66.35user tax distribution fund until June 30, 1991, and to the trunk66.36highway fund thereafter, must be reduced by the amount necessary67.1to fund the appropriation under section 41A.09, subdivision 1.67.2For the fiscal years ending June 30, 1988, and June 30, 1989,67.3the commissioner of finance, before making the transfers67.4required on July 15 and January 15 of each year, shall estimate67.5the amount required to fund the appropriation under section67.641A.09, subdivision 1, for the six-month period for which the67.7transfer is being made. The commissioner shall then reduce the67.8amount transferred to the highway user tax distribution fund by67.9the amount of that estimate. The commissioner shall reduce the67.10estimate for any six-month period by the amount by which the67.11estimate for the previous six-month period exceeded the amount67.12needed to fund the appropriation under section 41A.09,67.13subdivision 1, for that previous six-month period. If at any67.14time during a six-month period in those fiscal years the amount67.15of reduction in the transfer to the highway user tax67.16distribution fund is insufficient to fund the appropriation67.17under section 41A.09, subdivision 1, for that period, the67.18commissioner shall transfer to the general fund from the highway67.19user tax distribution fund an additional amount sufficient to67.20fund the appropriation for that period, but the additional67.21amount so transferred to the general fund in a six-month period67.22may not exceed the amount transferred to the highway user tax67.23distribution fund for that six-month periodas follows: 67.24 (1) 73 percent to the general fund; 67.25 (2) five percent to the mobility fund; and 67.26 (3) 22 percent to the highway user tax distribution fund. 67.27 Sec. 68. Minnesota Statutes 1998, section 360.531, 67.28 subdivision 3, is amended to read: 67.29 Subd. 3. [FIRST YEAR OF LIFE.] "First year of life" means 67.30 theyear of model designation of the aircraft, or, if there be67.31no model designation it shall mean the year of manufactureyear 67.32 the aircraft was manufactured. 67.33 Sec. 69. Minnesota Statutes 1998, section 360.55, 67.34 subdivision 4, is amended to read: 67.35 Subd. 4. [COLLECTOR'S AIRCRAFT;PIONEER LICENSESPECIAL 67.36 PLATES.] (a) For purposes of this subdivision: 68.1 (1) "antique aircraft" means an aircraft constructed by the 68.2 original manufacturer, or its licensee, on or before December 68.3 31, 1945, with the exception of certain pre-World War II 68.4 aircraft models that had only a small post-war production, such 68.5 as Beechcraft Staggerwing, Fairchild 24, and Monocoupe; and 68.6 (2) "classic aircraft" means an aircraft constructed by the 68.7 original manufacturer, or its licensee, on or after January 1, 68.8 1946, and has a first year of life that precedes the date of 68.9 registration by at least 50 years. 68.10Any(b) If an antique or classic aircraftbuilt by the68.11original manufacturer prior to December 31, 1939, andis owned 68.12 and operated solely as a collector's itemshall be listed, its 68.13 owner may list it for taxation and registration as follows: A 68.14 sworn affidavit shall be executed stating the name and address 68.15 of the owner, the name and address of the person from whom 68.16 purchased, the make of the aircraft, year and model number of 68.17 the aircraft, the federal aircraft registration number, the 68.18 manufacturer's identification number and that the aircraft is 68.19 owned and operated solely as a collector's item and not for 68.20 general transportation or commercial operations purposes. The 68.21 affidavit shall be filed with the commissioner along with a fee 68.22 of $25. 68.23 (c) Upon satisfaction that the affidavit is true and 68.24 correct, the commissioner shall issue to the applicant special 68.25 number plates, decalcomania labels or stamps bearing the 68.26 inscription "PioneerClassic" or "Antique," "Minnesota" and the 68.27 registration number but no date. The special number plates, 68.28 decalcomania labels or stamps are valid without renewal as long 68.29 as the owner operates the aircraft solely as a collector's item. 68.30 (d) Shouldsuchan antique or classic aircraft be operated 68.31 other than as a collector's item, thepioneerspecial number 68.32 plates, decalcomania labels or stamps shall be void and removed, 68.33 and the owner shall list the aircraft for taxation and 68.34 registration in accordance with the other provisions of sections 68.35 360.511 to 360.67. 68.36 (e) Upon the sale ofsuchan antique or classic aircraft, 69.1 the new owner must list the aircraft for taxation and 69.2 registration in accordance with the provisions of this 69.3 subdivision,(including the payment of a $25 fee)to obtain 69.4 new special plates or payment of a $5 fee to retain and transfer 69.5 the existing special plates to the name of the new owner, or the 69.6 other provisions of sections 360.511 to 360.67, whichever is 69.7 applicable. 69.8 (f) In the event of defacement, loss or destruction of the 69.9 special number plates, decalcomania labels or stamps, and upon 69.10 receiving and filing a sworn affidavit of the aircraft owner 69.11 setting forth the circumstances, together with any defaced 69.12 plates, labels or stamps and a fee of $5, the commissioner shall 69.13 issue replacement plates, labels or stamps. The commissioner 69.14 shall note on the records the issue of replacement number and 69.15 shall proceed to cancel the original plates, labels or stamps. 69.16 Sec. 70. Minnesota Statutes 1998, section 368.01, 69.17 subdivision 12, is amended to read: 69.18 Subd. 12. [TAXIS, HAULERS, CAR RENTERS.] The town board 69.19 may by ordinance license and regulate baggage wagons, dray 69.20 drivers, taxicabs, and automobile rental agencies and liveries. 69.21 At a minimum, an ordinance to license or regulate taxicabs or 69.22 small vehicle passenger service must provide for driver 69.23 qualifications, insurance, vehicle safety, and periodic vehicle 69.24 inspections. 69.25 Sec. 71. Minnesota Statutes 1998, section 398A.04, 69.26 subdivision 2, is amended to read: 69.27 Subd. 2. [RAILROAD ACQUISITION AND OPERATION.] The 69.28 authority may plan, establish, acquire, develop, construct, 69.29 purchase, enlarge, extend, improve, maintain, equip, operate, 69.30 regulate, and protect railroads and railroad facilities, 69.31 including but not limited to terminal buildings, roadways, 69.32 crossings, bridges, causeways, tunnels, equipment, and rolling 69.33 stock. The authority may not expend state or federal funds to 69.34 engage in planning for or development of light rail transit or 69.35 commuter rail transit, unless this activity is consistent with a 69.36 plan adopted by the department of transportation under section 70.1 174.84 and a plan adopted by the metropolitan council under 70.2 section 473.399, and is carried out pursuant to a memorandum of 70.3 understanding executed by the authority and the commissioner 70.4 after appropriate consultation with the metropolitan council. 70.5 Sec. 72. Minnesota Statutes 1998, section 412.221, 70.6 subdivision 20, is amended to read: 70.7 Subd. 20. [TAXIS, HAULERS, CAR RENTERS.] The council shall 70.8 have power by ordinance to license and regulate baggage wagons, 70.9 dray drivers, taxicabs, and automobile rental agencies and 70.10 liveries. At a minimum, an ordinance to license or regulate 70.11 taxicabs or small vehicle passenger service must provide for 70.12 driver qualifications, insurance, vehicle safety, and periodic 70.13 vehicle inspections. 70.14 Sec. 73. Minnesota Statutes 1998, section 458A.06, 70.15 subdivision 5, is amended to read: 70.16 Subd. 5. [PROCEEDINGS BEFOREPUBLIC UTILITIES COMMISSION70.17AND OTHERPUBLIC AUTHORITIES.] The transit commission may 70.18 petition thepublic utilities commissioncommissioner of 70.19 transportation for changes in rates of operators of public 70.20 transit systems serving the transit area. Upon receipt of such 70.21 petition, thepublic utilities commissioncommissioner shall 70.22 order a hearing and conduct further proceedingsthereonas 70.23 provided bysection 221.041, and otherapplicable laws and 70.24regulationsrules. The transit commission may appear in behalf 70.25 of the public interest in any such proceedings or in any other 70.26 proceeding before thepublic utilities commissiondepartment of 70.27 transportation,the interstate commerce commissionfederal 70.28 agencies, the courts, or other public authorities involving any 70.29 matter relating to public transit within or affecting the 70.30 transit area. 70.31 Sec. 74. Minnesota Statutes 1998, section 473.399, is 70.32 amended to read: 70.33 473.399 [LIGHT RAIL TRANSIT AND COMMUTER RAIL PLANNING.] 70.34 Subdivision 1. [GENERAL REQUIREMENTS.] (a) The council 70.35 shall adopt a plan to ensure that light rail transit facilities 70.36 in the metropolitan area will be acquired, developed, owned, and 71.1 capable of operation in an efficient, cost-effective, and 71.2 coordinated manner in coordination with buses and other 71.3 transportation modes and facilities. The plan may be developed 71.4 and adopted in phases corresponding to phasing of construction 71.5 of light rail.To the extent practicable,The councilshallmay 71.6 incorporate into its plan appropriate elements of the plans of 71.7 regional railroad authorities in order to avoid duplication of 71.8 effort. 71.9 (b) The light rail transit plan or first phase of the plan 71.10 required by this section must be adopted by the council before 71.11 the commissioner of transportation may begin construction of 71.12 light rail transit facilities. Following adoption of the plan, 71.13each regional railroad authority andthe commissioner of 71.14 transportation shall act in conformity with the plan. The 71.15 commissioner shall prepare or amend the final design plans as 71.16 necessary to make the plans consistent with the light rail 71.17 transit plan. 71.18 (c) Throughout the development and implementation of the 71.19 plan, the council shall contract for or otherwise obtain 71.20 engineering services to assure that the plan adequately 71.21 addresses the technical aspects of light rail transit. 71.22 Subd. 1a. [INTEGRATED TRANSPORTATION SYSTEM.] The 71.23 commissioner of transportation,and the metropolitan council,71.24and the regional rail authoritiesshall ensure that the light 71.25 rail transit and commuter rail facilities are planned, designed, 71.26 and implemented: (1) to move commuters and transit users into 71.27 and out of, as well as within, the metropolitan area, and (2) to 71.28 ensure that rail transit lines will interface with each other 71.29 and other transportation facilities and services so as to 71.30 provide a unified, integrated, and efficient multimodal 71.31 transportation system. 71.32 Sec. 75. Minnesota Statutes 1998, section 473.3993, 71.33 subdivision 3, is amended to read: 71.34 Subd. 3. [FINAL DESIGN PLAN.] "Final design plan" means a 71.35 light rail transit plan that includes the items in the 71.36 preliminary design plan and the preliminary engineering plan for 72.1 the facilities proposed but with greater detail and specificity 72.2 needed for construction. The final design plan must include, at 72.3 a minimum: 72.4 (1) final plans for the physical design of facilities, 72.5 including the right-of-way definition; environmental impacts and 72.6 mitigation measures; intermodal coordination with bus operations 72.7 and routes; and civil engineering plans for vehicles, track, 72.8 stations, parking, and access, including handicapped access; and 72.9 (2) final plans for civil engineering for electrification, 72.10 communication, and other similar facilities; operational rules, 72.11 procedures, and strategies; capital costs; ridership; operating 72.12 costs and revenues, and sources of funds for operating 72.13 subsidies; financing for construction and operation; an 72.14 implementation method; and other similar matters. 72.15 The final design plan must be stated with sufficient 72.16 particularity and detail to allow the proposer to begin the 72.17 acquisition and construction of operable facilities. If a 72.18turn-keydesign-build implementation method is proposed, instead 72.19 of civil engineering plans the final design plan must state 72.20 detailed design criteria and performance standards for the 72.21 facilities. 72.22 The commissioner of transportation may use a design-build 72.23 method of project development and construction for light rail 72.24 transit. Notwithstanding section 161.32, subdivision 1b, the 72.25 commissioner may award a design-build contract on the basis of 72.26 requests for proposals or requests for qualifications without 72.27 bids. "Design-build method of project development and 72.28 construction" means a project delivery system in which a single 72.29 contractor is responsible for both the design and construction 72.30 of the project and bids the design and construction together. 72.31 Sec. 76. Minnesota Statutes 1998, section 473.3994, 72.32 subdivision 3, is amended to read: 72.33 Subd. 3. [PRELIMINARY DESIGN PLANS; LOCAL APPROVAL.] At 72.34 least 30 days before the hearing under subdivision 2, the 72.35 commissioner of transportationand the regional railroad72.36authority or authorities in whose jurisdiction the line or lines73.1are locatedshall submit the physical design component of the 73.2 preliminary design plans to the governing body of each statutory 73.3 and home rule charter city, county, and town in which the route 73.4 is proposed to be located. The city, county, or town shall hold 73.5 a public hearing, except that a county board need not hold a73.6hearing if the county board membership is identical to the73.7membership of the regional railroad authority submitting the73.8plan for review. Within 45 days after the hearing under 73.9 subdivision 2, the city, county, or town shall review and 73.10 approve or disapprove the plans for the route to be located in 73.11 the city, county, or town. A local unit of government that 73.12 disapproves the plans shall describe specific amendments to the 73.13 plans that, if adopted, would cause the local unit to withdraw 73.14 its disapproval. Failure to approve or disapprove the plans in 73.15 writing within 45 days after the hearing is deemed to be 73.16 approval, unless an extension of time is agreed to by the city, 73.17 county, or town,and the commissioner of transportation, and the73.18regional railroad authority or authorities in whose jurisdiction73.19the line or lines are located. 73.20 Sec. 77. Minnesota Statutes 1998, section 473.3994, 73.21 subdivision 4, is amended to read: 73.22 Subd. 4. [PRELIMINARY DESIGN PLANS; COUNCIL REFERRAL.] If 73.23 the governing body of one or more cities, counties, or towns 73.24 disapproves the preliminary design plans within the period 73.25 allowed under subdivision 3, the commissioner of transportation 73.26and the regional railroad authority or authorities in whose73.27jurisdiction the line or lines are locatedmay refer the plans, 73.28 along with any comments of local jurisdictions, to the 73.29 metropolitan council. The council shall hold a hearing on the 73.30 plans, giving the commissioner of transportationand the73.31regional railroad authority or authorities in whose jurisdiction73.32the line or lines are located, any disapproving local 73.33 governmental units, and other persons an opportunity to present 73.34 their views on the plans. The council may conduct independent 73.35 study as it deems desirable and may mediate and attempt to 73.36 resolve disagreements about the plans. Within 90 days after the 74.1 referral, the council shall review the plans submitted by the 74.2 commissioner of transportationand the regional railroad74.3authority or authorities in whose jurisdiction the line or lines74.4are locatedand the council shall decide what amendments to the 74.5 plans, if any, must be made to accommodate the objections 74.6 presented by the disapproving local governmental units. The 74.7 commissionerand the regional railroad authorityshall make the 74.8 amendments to the plans before continuing the planning and 74.9 designing process. 74.10 Sec. 78. Minnesota Statutes 1998, section 473.3994, 74.11 subdivision 10, is amended to read: 74.12 Subd. 10. [CORRIDOR MANAGEMENT COMMITTEE.] A corridor 74.13 management committee shall be established to advise the 74.14 commissioner of transportation in the design and construction of 74.15 light rail transit in each corridor to be constructed. The 74.16 corridor management committee shall consist of the following 74.17 members: 74.18 (1)one member appointed by the joint powers board74.19established under section 473.3998;74.20(2)one member appointed by each city and county in which 74.21 the corridor is located; 74.22(3)(2) the commissioner of transportation or a designee of 74.23 the commissioner; 74.24(4)(3) two members appointed by the metropolitan council, 74.25 one of whom shall be designated as the chair of the committee; 74.26(5)(4) one member appointed by the metropolitan airports 74.27 commission, if the designated corridor provides direct service 74.28 to the Minneapolis-St. Paul International Airport; and 74.29(6)(5) one member appointed by the president of the 74.30 University of Minnesota, if the designated corridor provides 74.31 direct service to the university. 74.32 The corridor management committee shall advise the 74.33 commissioner of transportationand the regional railroad74.34authority or authorities in whose jurisdiction the line or lines74.35are locatedon issues relating to the alternatives analysis, 74.36 environmental review, preliminary design, preliminary 75.1 engineering, final design, implementation method, and 75.2 construction of light rail transit. 75.3 Sec. 79. [473.906] [REPORT TO LEGISLATURE.] 75.4 The metropolitan radio board shall report to the 75.5 legislature no later than March 1, 2000, concerning the status 75.6 of the 800-MHz system. The report shall include: projected 75.7 cost of the system; identification of groups of taxpayers or 75.8 persons who pay fees who will pay for each part of the system; 75.9 the number of radios purchased by any government unit; and an 75.10 identification of manufacturers that have agreed to, or are 75.11 expected to respond to requests for proposals to, deliver radios 75.12 to the state or any government unit in connection with the 75.13 800-MHz project. 75.14 Sec. 80. Minnesota Statutes 1998, section 609.671, 75.15 subdivision 5, is amended to read: 75.16 Subd. 5. [HAZARDOUS WASTE; UNLAWFUL TREATMENT, STORAGE, 75.17 TRANSPORTATION, OR DELIVERY.] (a) A person is guilty of a felony 75.18 who knowingly does any of the following: 75.19 (1) delivers hazardous waste to any person other than a 75.20 person who is authorized to receive the waste under rules 75.21 adopted under section 116.07, subdivision 4, or under United 75.22 States Code, title 42, sections 6921 to 6938; 75.23 (2) treats or stores hazardous waste without a permit if a 75.24 permit is required, or in violation of a material term or 75.25 condition of a permit held by the person, unless: 75.26 (i) the person notifies the agency prior to the time a 75.27 permit would be required that the person will be treating or 75.28 storing waste without a permit; or 75.29 (ii) for a violation of a material term or condition of a 75.30 permit, the person immediately notifies the agency issuing the 75.31 permit of the circumstances of the violation as soon as the 75.32 person becomes aware of the violation; 75.33 (3) transports hazardous waste to any location other than a 75.34 facility that is authorized to receive, treat, store, or dispose 75.35 of the hazardous waste under rules adopted under section 116.07, 75.36 subdivision 4, or under United States Code, title 42, sections 76.1 6921 to 6938; 76.2 (4) transports hazardous waste without a manifest as 76.3 required by the rules undersectionssection 116.07, subdivision 76.4 4, and 221.172; or 76.5 (5) transports hazardous waste without a license required 76.6 for the transportation of hazardous waste by chapter 221. 76.7 (b) A person convicted under this subdivision may be 76.8 sentenced to imprisonment for not more than three years, or to 76.9 payment of a fine of not more than $25,000, or both. A person 76.10 convicted for a second or subsequent offense may be sentenced to 76.11 imprisonment for not more than five years, or to payment of a 76.12 fine of not more than $50,000, or both. 76.13 Sec. 81. Laws 1995, chapter 195, article 1, section 18, is 76.14 amended to read: 76.15 Sec. 18. [SUNSET.] 76.16 The metropolitan radio board is abolished effective July 1, 76.1719992002. Effective July 1,19992002, the board's duties and 76.18 responsibilities are transferred to the metropolitan council or 76.19 an appropriate state agency, as provided by law, based on the 76.20 reports submitted by the metropolitan council under section 7, 76.21 subdivision 3, of this article. The designated agency is the 76.22 successor to all the property, interests, obligations, and rules 76.23 of the metropolitan radio board. 76.24 Sec. 82. Laws 1998, chapter 404, section 17, subdivision 76.25 3, is amended to read: 76.26 Subd. 3. Transitways 46,500,000 76.27 (a) This appropriation is to match 76.28 federal and local funding for the 76.29 planning, design, engineering, and 76.30 construction of transitways in the 76.31 metropolitan area. 76.32 (b) $40,000,000 is for the preliminary 76.33 engineering, final design, and 76.34 construction of light rail transit in 76.35 the Hiawatha Avenue corridor from 76.36 downtown Minneapolis through 76.37 Minneapolis-St. Paul International 76.38 Airport and the site of the former Met 76.39 Center or surrounding area with a 76.40 terminus in southern Hennepin or 76.41 northern Dakota county. 76.42 The Hiawatha Avenue corridor management 76.43 committee created pursuant to Minnesota 77.1 Statutes, section 473.3994, subdivision 77.2 10, shall establish an advisory 77.3 committee of: 77.4 (1) individuals who reside near the 77.5 proposed corridor; 77.6 (2) representatives of businesses 77.7 located within one mile on either side 77.8 of the corridor; and 77.9 (3) elected officials, including 77.10 legislators, who represent the area in 77.11 which the Hiawatha corridor is located. 77.12 The advisory committee shall advise the 77.13 corridor management committee on issues 77.14 relating to the preliminary 77.15 engineering, final design, and 77.16 construction of light rail facilities, 77.17 including the proposed alignment for 77.18 the corridor. 77.19 (c) The funds in this paragraph must be 77.20 distributed as grants to appropriate 77.21 county regional rail authorities upon 77.22 execution of a work program memorandum 77.23 of understanding with the commissioner 77.24 as follows: 77.25 (1) $3,000,000 to match federal funding 77.26 for a major investment study, 77.27 engineering, and implementation in the 77.28 Riverview corridor between the east 77.29 side of St. Paul and the 77.30 Minneapolis-St. Paul International 77.31 Airport and the Mall of America and in 77.32 the central corridor between downtown 77.33 St. Paul and downtown Minneapolis; 77.34 (2) $1,500,000 to match federal funding 77.35 for a major investment study, 77.36 engineering, and implementation in the 77.37 Northstar corridor linking downtown 77.38 Minneapolis to the St. Cloud area and 77.39 to study the feasibility: (i) of 77.40 extending the corridor from St. Cloud 77.41 to Little Falls and providing commuter 77.42 rail service within this corridor; and 77.43 (ii) of commuter rail and other 77.44 transportation improvements within the 77.45 corridor; 77.46 (3) $500,000 to study potential transit 77.47 improvements and engineering studies in 77.48 the Cedar Avenue corridor to link the 77.49 Hiawatha, Riverview, and Northstar 77.50 transit corridors with Dakota county; 77.51 and 77.52 (4) $500,000 to develop engineering 77.53 documents for a commuter rail line from 77.54 Minneapolis to downtown St. Paul 77.55 through southern Washington county to 77.56 Hastings. 77.57 The commissioner of transportation, in 77.58 coordination with the North Star 77.59 Corridor Joint Powers Authority and the 77.60 St. Cloud area planning agency, shall 77.61 study the transportation needs within 78.1 the St. Cloud metropolitan area. 78.2 (d) $1,000,000 is available as grants 78.3 to appropriate county regional rail 78.4 authorities to conduct major investment 78.5 studies and to develop engineering 78.6 documents for commuter rail lines in 78.7 the following corridors: 78.8 (1) the Young America corridor from 78.9 Carver county to Minneapolis and St. 78.10 Paul; 78.11 (2) the Bethel corridor linking 78.12 Cambridge with the Northstar corridor 78.13 in Anoka county; 78.14 (3) the Northwest corridor from 78.15 downtown Minneapolis to the Northwest 78.16 suburbs of Hennepin county; and 78.17 (4) other commuter rail corridors 78.18 identified in phase II of the 78.19 department of transportation's commuter 78.20 rail service study, except for the 78.21 corridors identified in paragraph (c). 78.22 The appropriation in this paragraph is 78.23 not available until the completion of 78.24 the commuter rail service study as 78.25 provided in Laws 1997, chapter 159, 78.26 article 2, section 51. The funds may 78.27 be made available only after approval 78.28 by the commissioner of transportation 78.29 of an application submitted by county 78.30 regional rail authorities that is 78.31 consistent with the results of the 78.32 commuter rail service study and 78.33 demonstrates a coordinated 78.34 implementation strategy and upon 78.35 execution of a work program memorandum 78.36 of understanding with the commissioner. 78.37 Sec. 83. [CONSTRUCTION OF RAIL FACILITIES.] 78.38 Neither the state nor any political subdivision may apply 78.39 for federal assistance or receive any state appropriation or 78.40 grant for light rail transit planning or construction until the 78.41 commissioner begins construction of light rail transit 78.42 facilities in either the Riverview corridor, connecting the east 78.43 side of St. Paul, the Minneapolis-St. Paul International 78.44 Airport, and the Mall of America; or the central corridor, 78.45 between downtown St. Paul and downtown Minneapolis. This 78.46 prohibition does not apply to applications for federal funding 78.47 or receipt of state funding for light rail transit in the 78.48 Hiawatha corridor, connecting downtown Minneapolis, the 78.49 Minneapolis-St. Paul International Airport, and the vicinity of 78.50 the Mall of America; in the Riverview corridor; or in the 79.1 central corridor. 79.2 Sec. 84. [TRANSIT PLAN; REPORT.] 79.3 A regional master plan for transit must be developed by the 79.4 metropolitan council, in consultation with the commissioner of 79.5 transportation, the regional railroad authorities in the 79.6 metropolitan area, and the metropolitan LRT joint powers board. 79.7 The plan must be completed for presentation to the legislature 79.8 by February 1, 2000. The plan must include bus and rail 79.9 development and must be balanced. It must include transit 79.10 investments based on: 79.11 (1) population density; 79.12 (2) employment concentrations and job density; 79.13 (3) transit dependent segments of the population; 79.14 (4) redevelopment and reinvestment; 79.15 (5) opportunities in the core of the region; and 79.16 (6) adequacy of existing transportation corridors. 79.17 Sec. 85. [PASSENGER RAIL SERVICE STUDY.] 79.18 The commissioner of transportation shall conduct a study of 79.19 restoring and extending Amtrak rail passenger service to connect 79.20 the Twin Cities, Duluth, and the Iron Range. The study must 79.21 include, among other things: 79.22 (1) the feasibility and desirability of providing the 79.23 service, including connecting the service with potential 79.24 commuter rail and light rail routes identified by the 79.25 commissioner; 79.26 (2) anticipated operating costs, and capital costs if any; 79.27 (3) projected ridership of the service and means to 79.28 maximize ridership; 79.29 (4) examination of alternative rail routes, including track 79.30 improvement issues, condition of depot facilities, travel time, 79.31 and optimal operating schedules; 79.32 (5) analysis of alternative revenue sources, including 79.33 federal TEA-21, regional railroad authorities, and the transport 79.34 of United States mail; and 79.35 (6) examination of successful Amtrak-state-local 79.36 partnerships in several other states, including Washington, 80.1 North Carolina, New York, and California. 80.2 During the course of the study, the various regional railroad 80.3 authorities located along the proposed routes are encouraged to 80.4 cooperate with and provide the commissioner with any requested 80.5 technical assistance. 80.6 The commissioner shall report to the governor and 80.7 legislature on the results of the study not later than February 80.8 1, 2000. 80.9 Sec. 86. [NORMANDALE COMMUNITY COLLEGE DIRECTIONAL SIGNS.] 80.10 The commissioner of transportation shall place directional 80.11 signs for Normandale community college on each side of I-494 80.12 before its intersection with France Avenue and on each side of 80.13 I-35W before its intersection with 98th Street. 80.14 Sec. 87. [RECOMMENDATIONS.] 80.15 The department of public safety shall review Minnesota 80.16 Statutes, sections 169.48 to 169.66, and any other sections of 80.17 law that relate to vehicle lighting, and shall, on or before 80.18 February 15, 2000, recommend to the legislature modifications in 80.19 the law or administrative procedure to: 80.20 (1) clarify types, colors, brightness, and placement of 80.21 allowable vehicle lighting; 80.22 (2) give adequate notice to the public and to law 80.23 enforcement concerning vehicle lighting that is in violation of 80.24 the law; 80.25 (3) ensure expedient administrative approval or disapproval 80.26 of lighting devices; and 80.27 (4) allow vehicles to display the maximum range of vehicle 80.28 lighting that is consistent with public safety. 80.29 Sec. 88. [STATE DEVELOPMENT STRATEGY; PROPOSAL.] 80.30 (a) The director of the office of strategic and long-range 80.31 planning shall develop, in coordination with the metropolitan 80.32 council and the commissioners of transportation, trade and 80.33 economic development, and natural resources, a 20-year state 80.34 development strategy. The strategy must include: 80.35 (1) forecasts, issues, goals, and policies relating to 80.36 development and the connection between transportation, land use, 81.1 environmental protection, energy, and economic development; 81.2 (2) an identification of major development and 81.3 transportation corridors in the state; 81.4 (3) an identification of cultural and natural features and 81.5 resources of statewide, regional, and local significance; 81.6 (4) recommendations for coordinated state investments 81.7 necessary to achieve goals and policies in the area of 81.8 infrastructure, including transportation and wastewater 81.9 treatment facilities; 81.10 (5) a description of any legislation or programmatic 81.11 changes necessary to implement the plan; 81.12 (6) recommendation for approaches for coordinating local 81.13 government decisions with the strategy; and 81.14 (7) a process for encompassing the community-based planning 81.15 goals in Minnesota Statutes, section 4A.08, including citizen 81.16 participation and intergovernmental cooperation. 81.17 (b) The director shall submit to the legislature by 81.18 February 15, 2000, an evaluation and proposal for preparing the 81.19 state development strategy based on development of a prototype 81.20 strategy for the I-94 corridor area between the metropolitan 81.21 area and St. Cloud. 81.22 Sec. 89. [CONVERSION OF CERTIFICATES.] 81.23 A motor carrier of passengers with a valid certificate or 81.24 permit issued by the transportation regulation board, public 81.25 service commission, public utilities commission, or commissioner 81.26 of transportation before January 1, 2000, is deemed to have 81.27 registered under Minnesota Statutes, section 221.0252, and the 81.28 commissioner of transportation shall issue a certificate of 81.29 registration to the carrier. A certificate of registration 81.30 issued under this section must include a date between January 1, 81.31 2001, and December 31, 2001, on which it expires. Before a 81.32 certificate of registration expires, after giving notice to the 81.33 carrier, the commissioner shall follow the procedures in 81.34 Minnesota Statutes, section 221.0252, to renew the carrier's 81.35 registration. Minnesota Statutes, section 221.124, does not 81.36 apply to a carrier who is issued a certificate of registration 82.1 under this section. 82.2 Sec. 90. [MOTOR CARRIER SERVICE AT MINNEAPOLIS-ST. PAUL 82.3 INTERNATIONAL AIRPORT.] 82.4 Until July 1, 2000, only a motor carrier with a valid 82.5 certificate, permit, or certificate of registration, issued by 82.6 the transportation regulation board, public service 82.7 commissioner, public utilities commission, or commissioner of 82.8 transportation, or a carrier specifically authorized by the 82.9 metropolitan airports commission, may pick up passengers at the 82.10 Minneapolis-St. Paul International Airport. 82.11 Sec. 91. [CONSTITUTIONAL AMENDMENT PROPOSED.] 82.12 An amendment to the Minnesota Constitution, article XIV, is 82.13 proposed to the people. If adopted the article will be amended 82.14 by adding a section to read: 82.15 Sec. 12. Of the proceeds of any tax levied by law on the 82.16 sale price of new and used motor vehicles, not less than 22 82.17 percent must be paid into the highway user tax distribution fund 82.18 and not less than five percent must be paid into a fund 82.19 established by law for transit capital. 82.20 Sec. 92. [SUBMISSION TO VOTERS.] 82.21 The constitutional amendment proposed in section 91 must be 82.22 submitted at the 2000 general election. The question submitted 82.23 must be: 82.24 "Shall the Minnesota Constitution be amended to require 82.25 that of the proceeds from a sales tax on new and used motor 82.26 vehicles at least 22 percent must be paid into the highway user 82.27 tax distribution fund and at least five percent must be paid 82.28 into a fund for public transit assistance? 82.29 Yes ....... 82.30 No ........" 82.31 Sec. 93. [INSTRUCTION TO REVISOR.] 82.32 The revisor of statutes shall make cross-reference changes 82.33 in Minnesota Statutes and Minnesota Rules consistent with the 82.34 renumbering of clauses in section 22. 82.35 Sec. 94. [REPEALER.] 82.36 (a) Minnesota Statutes 1998, sections 168.011, subdivision 83.1 36; 168.1281; 221.011, subdivisions 7, 9, 20, 21, 32, and 34; 83.2 221.041; 221.051; 221.061; 221.071; 221.081; 221.121, 83.3 subdivisions 6b and 6h; 221.172, subdivision 9; 221.281; and 83.4 221.85, are repealed. 83.5 (b) Minnesota Statutes 1998, section 473.3998, is repealed. 83.6 Sec. 95. [EFFECTIVE DATE.] 83.7 Sections 20, 21, 79, 81, 87, 88, and 93 are effective the 83.8 day following final enactment, and sections 20 and 21 are 83.9 repealed on July 31, 2000. Sections 14 and 16 to 19 are 83.10 effective September 1, 1999. Sections 1, 33 to 66, 70, 72, 73, 83.11 and 80 are effective January 1, 2000. Sections 5 to 7 and 9 to 83.12 13 are effective July 1, 2000. Section 67 is effective July 1, 83.13 2001, but shall not take effect if the constitutional amendment 83.14 proposed in section 91 is not adopted at the 2000 general 83.15 election. If the constitutional amendment proposed in section 83.16 91 is not adopted at the 2000 general election, any changes 83.17 enacted in 1999 or 2000 to the provisions regarding 83.18 determination of base value or calculation of registration tax 83.19 under Minnesota Statutes, section 168.013, subdivision 1a, shall 83.20 be of no further force or effect, and the provisions of 83.21 Minnesota Statutes, section 168.013, subdivision 1a, in force on 83.22 June 1, 1999, shall be reinstated.