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SF 2340

4th Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 4th Engrossment

  1.1                          A bill for an act 
  1.2             relating to appropriations; appropriating money for 
  1.3             the department of transportation and other government 
  1.4             agencies with certain conditions; establishing, 
  1.5             funding, or regulating certain policies, programs, 
  1.6             duties, activities, or practices; funding and 
  1.7             regulating criminal justice and prevention programs; 
  1.8             modifying provisions relating to transportation, 
  1.9             public safety, law enforcement, streets and highways, 
  1.10            motor vehicles, traffic regulations, local 
  1.11            governments, and state and regional agencies and 
  1.12            authorities; providing funding for economic, energy, 
  1.13            transportation, infrastructure, and recreational 
  1.14            development, with certain conditions; proposing an 
  1.15            amendment to the Minnesota Constitution by adding a 
  1.16            section to article XIV to dedicate proceeds of the tax 
  1.17            on the sale of motor vehicles to highway and transit 
  1.18            purposes; requiring studies and reports; making 
  1.19            technical, conforming, and clarifying changes; 
  1.20            imposing penalties; setting fees; amending Minnesota 
  1.21            Statutes 2000, sections 3C.12, subdivision 2; 13.679; 
  1.22            13.87, by adding a subdivision; 15.01; 15.06, 
  1.23            subdivision 1; 15A.0815, subdivision 2; 16A.641, 
  1.24            subdivision 8; 16B.335, subdivision 4; 16B.56, 
  1.25            subdivision 1; 16B.76, subdivision 1; 16C.05, 
  1.26            subdivision 2; 16C.06, subdivisions 1, 2; 16C.08, 
  1.27            subdivision 2; 17.86, subdivision 3; 18.024, 
  1.28            subdivision 1; 43A.08, subdivision 1a; 45.012; 
  1.29            103F.325, subdivisions 2, 3; 115A.15, subdivision 5; 
  1.30            116O.06, subdivision 2; 117.51; 123B.65, subdivisions 
  1.31            1, 3, 5; 138.664, by adding a subdivision; 161.082, 
  1.32            subdivision 2a; 161.14, by adding a subdivision; 
  1.33            161.23, subdivision 3; 161.32, subdivisions 1, 1b, 1e; 
  1.34            161.442; 161.45, subdivision 1; 162.02, subdivision 
  1.35            12; 162.09, subdivision 4; 167.51, subdivision 2; 
  1.36            168.011, subdivision 7; 168.013, subdivision 1d; 
  1.37            168.09, subdivision 7; 168.12, subdivision 1; 
  1.38            168.1291, subdivision 1; 168.27, subdivisions 12a, 20; 
  1.39            168.33, subdivision 7; 168.381; 168.61, subdivision 1; 
  1.40            169.06, by adding a subdivision; 169.073; 169.09, 
  1.41            subdivisions 8, 9, 10, 13; 169.14, subdivisions 4, 5a; 
  1.42            169.18, subdivision 1, by adding a subdivision; 
  1.43            169.686, subdivision 1; 169.79; 169.825, subdivision 
  1.44            11; 169.87, subdivision 4; 170.23; 171.05, subdivision 
  1.45            2b; 171.055, subdivision 2; 171.06, subdivision 2a; 
  1.46            171.07, subdivisions 1, 11; 171.12, subdivision 6; 
  2.1             171.13, subdivision 6; 171.183, subdivision 1; 
  2.2             171.185; 171.26; 171.29, subdivision 2; 171.36; 
  2.3             171.39; 174.03, subdivision 7, by adding a 
  2.4             subdivision; 174.24, subdivision 3b; 174.32, 
  2.5             subdivision 5; 174.35; 174.70, subdivisions 2, 3; 
  2.6             174.88, subdivision 2; 181.30; 184.29; 184.30, 
  2.7             subdivision 1; 184.38, subdivisions 6, 8, 9, 10, 11, 
  2.8             17, 18, 20; 184.41; 216A.01; 216A.035; 216A.036; 
  2.9             216A.05, subdivision 1; 216A.07, subdivision 1; 
  2.10            216A.08; 216A.085, subdivision 3; 216B.02, 
  2.11            subdivisions 1, 7, 8; 216B.16, subdivisions 1, 2, 6b, 
  2.12            15; 216B.162, subdivisions 7, 11; 216B.1675, 
  2.13            subdivision 9; 216B.241, subdivisions 1a, 1b, 2b; 
  2.14            216C.01, subdivisions 1, 2, 3; 216C.051, subdivision 
  2.15            6; 216C.37, subdivision 1; 216C.40, subdivision 4; 
  2.16            216C.41; 237.02; 237.075, subdivisions 2, 9; 237.082; 
  2.17            237.21; 237.30; 237.462, subdivision 6; 237.51, 
  2.18            subdivisions 1, 5, 5a; 237.52, subdivisions 2, 4, 5; 
  2.19            237.54, subdivision 2; 237.55; 237.59, subdivision 2; 
  2.20            237.768; 239.01; 239.10; 297B.09, subdivision 1; 
  2.21            299A.01, subdivision 1b; 299A.64, subdivision 1; 
  2.22            299C.10, subdivision 1; 299C.11; 299C.147, subdivision 
  2.23            2; 299D.03, subdivisions 5, 6, by adding a 
  2.24            subdivision; 299M.10; 299M.11, subdivision 5; 325E.11; 
  2.25            325E.115, subdivision 2; 326.243; 446A.085; 473.399, 
  2.26            by adding a subdivision; 473.859, subdivision 2; 
  2.27            484.50; 611A.25, subdivision 3; 611A.361, subdivision 
  2.28            3; Laws 1999, chapter 238, article 1, section 2, 
  2.29            subdivision 7; proposing coding for new law in 
  2.30            Minnesota Statutes, chapters 161; 167; 168A; 169; 174; 
  2.31            219; 240A; 299A; 299C; 473; 609; repealing Minnesota 
  2.32            Statutes 2000, sections 174.22, subdivision 9; 174.32, 
  2.33            subdivisions 2, 4; 184.22, subdivisions 2, 3, 4, 5; 
  2.34            184.37, subdivision 2; 216A.06; 237.69, subdivision 3. 
  2.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.36                             ARTICLE 1
  2.37                 TRANSPORTATION AND OTHER AGENCIES
  2.38                           APPROPRIATIONS
  2.39  Section 1.  [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 
  2.40     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.41  appropriated from the general fund, or another named fund, to 
  2.42  the agencies and for the purposes specified in this article, to 
  2.43  be available for the fiscal years indicated for each purpose.  
  2.44  The figures "2001," "2002," and "2003," where used in this 
  2.45  article, mean that the appropriations listed under them are 
  2.46  available for the year ending June 30, 2001, June 30, 2002, or 
  2.47  June 30, 2003, respectively.  If the figures are not used, the 
  2.48  appropriations are available for the year ending June 30, 2002, 
  2.49  or June 30, 2003, respectively.  The term "first year" means the 
  2.50  year ending June 30, 2002, and the term "second year" means the 
  2.51  year ending June 30, 2003.  Appropriations for the year ending 
  2.52  June 30, 2001, are in addition to appropriations made in 
  3.1   previous years.  All 2001 appropriations in this article are 
  3.2   effective immediately on final enactment and do not cancel, but 
  3.3   are available until expended. 
  3.4                           SUMMARY BY FUND
  3.5                           2002          2003           TOTAL
  3.6   General             $ 106,301,000   $103,147,000   $209,448,000
  3.7   For 2001 - $283,514,000
  3.8   Airports               20,807,000     20,548,000     41,355,000 
  3.9   C.S.A.H.              405,330,000    418,113,000    823,443,000 
  3.10  Highway User           11,553,000     11,186,000     22,739,000 
  3.11  For 2001 - $875,000
  3.12  M.S.A.S.              106,469,000    109,827,000    216,296,000 
  3.13  Workers' 
  3.14  Compensation              100,000        100,000        200,000
  3.15  Special Revenue        23,250,000     22,009,000     45,259,000 
  3.16  Trunk 
  3.17  Highway             1,105,115,000  1,116,374,000  2,221,489,000 
  3.19  For 2001 - $445,000
  3.20  TOTAL              $1,778,925,000 $1,801,304,000 $3,580,229,000
  3.21  For 2001 - $284,834,000
  3.22                                             APPROPRIATIONS 
  3.23                                         Available for the Year 
  3.24                                             Ending June 30 
  3.25                                            2002         2003 
  3.26  Sec. 2.  TRANSPORTATION 
  3.27  Subdivision 1.  Total 
  3.28  Appropriation                     $1,592,880,000 $1,615,328,000
  3.30  For 2001 - $212,000,000
  3.31  The appropriations in this section are 
  3.32  from the trunk highway fund, except 
  3.33  when another fund is named. 
  3.34                Summary by Fund
  3.35  General             19,307,000     19,083,000
  3.36  For 2001 - $212,000,000
  3.37  Airports            20,757,000     20,498,000
  3.38  C.S.A.H.           405,330,000    418,113,000
  3.39  M.S.A.S.           106,469,000    109,827,000
  3.40  Trunk Highway    1,040,117,000  1,047,807,000
  3.41  Special Revenue        900,000        -0-    
  3.42  The amounts that may be spent from this 
  4.1   appropriation for each program are 
  4.2   specified in the following subdivisions.
  4.3   Subd. 2.  Aeronautics                 20,748,000     20,489,000
  4.4   For 2001 - $10,000,000
  4.5                 Summary by Fund
  4.6   Airports            20,687,000     20,428,000
  4.7   General                 50,000         50,000
  4.8   For 2001 - $10,000,000
  4.9   Trunk Highway           11,000         11,000
  4.10  Except as otherwise provided, the 
  4.11  appropriations in this subdivision are 
  4.12  from the state airports fund. 
  4.13  The amounts that may be spent from this 
  4.14  appropriation for each activity are as 
  4.15  follows:  
  4.16  (a) Airport Development and Assistance 
  4.17      14,298,000     14,298,000
  4.18  These appropriations must be spent 
  4.19  according to Minnesota Statutes, 
  4.20  section 360.305, subdivision 4. 
  4.21  (b) Aviation Support 
  4.22       6,315,000      6,053,000
  4.23  $65,000 the first year and $65,000 the 
  4.24  second year are for the civil air 
  4.25  patrol. 
  4.26  $600,000 each year is for GPS 
  4.27  navigation systems.  Of this amount, 
  4.28  $250,000 adds to the agency's budget 
  4.29  base. 
  4.30  $400,000 the first year and $50,000 the 
  4.31  second year are for the development of 
  4.32  on-line aircraft registration 
  4.33  capabilities. 
  4.34  (c) Air Transportation Services 
  4.35         135,000        138,000 
  4.36                Summary by Fund
  4.37  Airports                 74,000         77,000
  4.38  General                  50,000         50,000
  4.39  Trunk Highway            11,000         11,000
  4.40  (d) Site Acquisition Grant
  4.41  For 2001 - $10,000,000
  4.42  This appropriation is onetime only from 
  4.43  the general fund and is available until 
  4.44  spent.  This appropriation is for a 
  4.45  development grant to the city of 
  5.1   Richfield for acquisition and site 
  5.2   preparation of residential property 
  5.3   impacted by airport operations.  The 
  5.4   property must be located within the 
  5.5   87dB low-frequency sound level contour 
  5.6   as determined by the metropolitan 
  5.7   airports commission and the city of 
  5.8   Richfield low frequency noise policy 
  5.9   committee.  The city of Richfield must 
  5.10  by December 15, 2003, submit a report 
  5.11  to the house of representatives and 
  5.12  senate committees with jurisdiction 
  5.13  over transportation on the use of the 
  5.14  grant money.  The report must include 
  5.15  details on the number of residential 
  5.16  units purchased and cost of the 
  5.17  acquisition, cost of demolition or 
  5.18  relocation of buildings, cost of 
  5.19  utility relocation, cost of site 
  5.20  preparation for development, and plans 
  5.21  for the ultimate use of the property. 
  5.22  Subd. 3.  Transit                    18,389,000     18,410,000
  5.23  For 2001 - $10,000,000
  5.24                Summary by Fund
  5.25  General              18,049,000     18,062,000
  5.26  For 2001 - $10,000,000
  5.27  Trunk Highway           340,000        348,000
  5.28  For the years ending June 30, 2004, and 
  5.29  June 30, 2005, the budget base for the 
  5.30  general fund appropriations under this 
  5.31  subdivision is transferred from the 
  5.32  general fund to the transit assistance 
  5.33  fund, when the deposit of revenues 
  5.34  specified in article 4, section 46, 
  5.35  takes effect. 
  5.36  The amounts that may be spent from this 
  5.37  appropriation for each activity are as 
  5.38  follows:  
  5.39  (a) Greater Minnesota Transit
  5.40  Assistance 
  5.41      17,551,000    17,551,000
  5.42  This appropriation is from the general 
  5.43  fund.  Any unencumbered balance the 
  5.44  first year does not cancel but is 
  5.45  available for the second year.  
  5.46  (b) Transit Administration   
  5.47         838,000       859,000
  5.48                Summary by Fund
  5.49  General                 498,000       511,000
  5.50  Trunk Highway           340,000       348,000
  5.51  (c) Capital Assistance
  5.52  For 2001 - $10,000,000
  6.1   This appropriation is from the general 
  6.2   fund for grants to public transit 
  6.3   systems under Minnesota Statutes, 
  6.4   section 174.24, to acquire rolling 
  6.5   stock and other bus-related capital.  
  6.6   This appropriation is onetime only and 
  6.7   is available until spent. 
  6.8   Subd. 4.  Railroads and Waterways    1,758,000      1,804,000
  6.9   For 2001 - $6,000,000
  6.10                Summary by Fund
  6.11  General                 273,000       280,000
  6.12  For 2001 - $6,000,000
  6.13  Trunk Highway         1,485,000     1,524,000 
  6.14  $6,000,000 in fiscal year 2001 from the 
  6.15  general fund is onetime only and is 
  6.16  available until spent.  Of this amount: 
  6.17  (1) $3,000,000 is for the purposes 
  6.18  defined under the rail service 
  6.19  improvement program under Minnesota 
  6.20  Statutes, sections 222.46 to 222.63; 
  6.21  and 
  6.22  (2) $3,000,000 is for port development 
  6.23  assistance grants under Minnesota 
  6.24  Statutes, chapter 457A.  Any 
  6.25  improvement made with the proceeds of 
  6.26  these grants must be owned by a public 
  6.27  body. 
  6.28  Subd. 5.  Passenger Rail Transit         500,000        500,000
  6.29  For 2001 - $23,000,000
  6.30  This appropriation is from the general 
  6.31  fund.  The amounts that may be spent 
  6.32  from this appropriation for each 
  6.33  activity are as follows: 
  6.34  (a) Passenger Rail Administration
  6.35         500,000        500,000
  6.36  For administration and oversight of 
  6.37  rail corridor studies and 
  6.38  implementation.  This amount adds to 
  6.39  the agency's budget base. 
  6.40  The office of passenger rail transit 
  6.41  must establish a working group 
  6.42  consisting of local elected officials 
  6.43  and residents living near a proposed 
  6.44  community rail station in each city in 
  6.45  which a commuter rail station is 
  6.46  proposed to be located to discuss and 
  6.47  address local concerns regarding public 
  6.48  safety and security in and around 
  6.49  commuter rail stations. 
  6.50  The commissioner shall pay, from this 
  6.51  appropriation, the fees and costs 
  6.52  attributable to the state's membership 
  6.53  in the Midwest interstate passenger 
  6.54  rail compact under Minnesota Statutes, 
  7.1   section 218.75. 
  7.2   (b) Corridor Studies and Facility
  7.3   For 2001 - $23,000,000
  7.4   This amount is onetime only and is 
  7.5   available until spent. 
  7.6   $10,000,000 is for preliminary 
  7.7   engineering and environmental analysis 
  7.8   activities for the 130-mile section of 
  7.9   the midwest regional rail corridor in 
  7.10  Minnesota.  The work tasks must 
  7.11  include, but are not limited to:  a 
  7.12  corridor condition assessment; station 
  7.13  development and location; 
  7.14  communications and signal systems 
  7.15  evaluation; safety and traffic 
  7.16  analysis; drainage and hydraulics 
  7.17  analysis; analysis of land use and 
  7.18  development issues; noise, water, and 
  7.19  air quality analysis; impacts on 
  7.20  historic and archaeological sites; and 
  7.21  other potential impacts. 
  7.22  A portion of this appropriation may be 
  7.23  used for engineering and environmental 
  7.24  analysis activities for the Red Rock 
  7.25  corridor from Hastings to Minneapolis. 
  7.26  $10,000,000 is to match federal funds 
  7.27  for right-of-way acquisition and final 
  7.28  design for the Northstar commuter rail 
  7.29  corridor.  This is intended to be the 
  7.30  first phase of the state's portion of 
  7.31  the construction and equipping of the 
  7.32  Northstar commuter rail project.  Any 
  7.33  design adopted by the commissioner for 
  7.34  a commuter rail corridor must mitigate 
  7.35  noise near station locations to the 
  7.36  maximum extent feasible.  The 
  7.37  commissioner shall consult with elected 
  7.38  officials and residents in the affected 
  7.39  community prior to finalizing the 
  7.40  design. 
  7.41  $3,000,000 is for a grant to the city 
  7.42  of St. Paul to purchase the Union Depot.
  7.43  Subd. 6.  Motor Carrier Regulation   4,024,000      4,123,000
  7.44                Summary by Fund
  7.45  General                 122,000       126,000
  7.46  Trunk Highway         3,902,000     3,997,000
  7.47  $500,000 each year is for commercial 
  7.48  vehicle information systems.  Of this 
  7.49  amount, $325,000 adds to the agency's 
  7.50  budget base. 
  7.51  Subd. 7.  Local Roads              512,049,000    527,940,000
  7.52                Summary by Fund
  7.53  General
  7.54  For 2001 - $63,000,000
  8.1   C.S.A.H.            405,330,000   418,113,000
  8.2   M.S.A.S.            106,469,000   109,827,000
  8.3   $250,000 in fiscal year 2001 from the 
  8.4   general fund is to conduct a study on 
  8.5   the costs and benefits of spring load 
  8.6   restrictions on local roads.  The 
  8.7   commission shall by January 15, 2003, 
  8.8   report the results of the study to the 
  8.9   chairs of the committees having 
  8.10  jurisdiction over transportation policy 
  8.11  and finance in the house of 
  8.12  representatives and the senate. 
  8.13  The amounts that may be spent from this 
  8.14  appropriation for each activity are as 
  8.15  follows:  
  8.16  (a) County State Aids 
  8.17     405,330,000    418,113,000
  8.18  This appropriation is from the county 
  8.19  state-aid highway fund and is available 
  8.20  until spent.  
  8.21  (b) Municipal State Aids 
  8.22     106,469,000    109,827,000
  8.23  This appropriation is from the 
  8.24  municipal state-aid street fund and is 
  8.25  available until spent.  
  8.26  If an appropriation for either county 
  8.27  state aids or municipal state aids does 
  8.28  not exhaust the balance in the fund 
  8.29  from which it is made in the year for 
  8.30  which it is made, the commissioner of 
  8.31  finance, upon request of the 
  8.32  commissioner of transportation, shall 
  8.33  notify the chair of the transportation 
  8.34  finance committee of the house of 
  8.35  representatives and the chair of the 
  8.36  transportation budget division of the 
  8.37  senate of the amount of the remainder 
  8.38  and shall then add that amount to the 
  8.39  appropriation.  The amount added is 
  8.40  appropriated for the purposes of county 
  8.41  state aids or municipal state aids, as 
  8.42  appropriate.  
  8.43  (c) Local Bridge Replacement
  8.44  and Rehabilitation
  8.45         250,000        -0-    
  8.46  For 2001 - $10,000,000
  8.47  This appropriation is onetime only from 
  8.48  the general fund and is available until 
  8.49  spent. 
  8.50  To match federal money and to replace 
  8.51  or rehabilitate local deficient 
  8.52  bridges.  Political subdivisions may 
  8.53  use grants made under this subdivision 
  8.54  to construct or reconstruct bridges, 
  8.55  including:  
  9.1   (1) matching federal aid grants to 
  9.2   construct or reconstruct key bridges; 
  9.3   (2) paying the costs of preliminary 
  9.4   engineering and environmental studies 
  9.5   authorized under Minnesota Statutes, 
  9.6   section 174.50, subdivision 6a; 
  9.7   (3) paying the costs to abandon an 
  9.8   existing bridge that is deficient and 
  9.9   in need of replacement, but where no 
  9.10  replacement will be made; and 
  9.11  (4) paying the cost to construct a road 
  9.12  or street to facilitate the abandonment 
  9.13  of an existing bridge determined by the 
  9.14  commissioner to be deficient, if the 
  9.15  commissioner determines that 
  9.16  construction of the road or street is 
  9.17  more economical than replacing the 
  9.18  existing bridge.  
  9.19  Of this amount, $250,000 is for a grant 
  9.20  to the city of Akeley to match the 
  9.21  local share of the costs of 
  9.22  reconstructing a bridge on marked trunk 
  9.23  highway No. 64 where the bridge bisects 
  9.24  the Crow Wing lakes. 
  9.25  (d) Turnbacks
  9.26  For 2001 - $3,000,000
  9.27  This appropriation is onetime only from 
  9.28  the general fund and is available until 
  9.29  spent. 
  9.30  Of this appropriation, $2,000,000 is 
  9.31  for transfer to the county turnback 
  9.32  account and $1,000,000 is for transfer 
  9.33  to the municipal turnback account. 
  9.34  (e) Local Road Improvement Fund
  9.35  For 2001 - $49,750,000
  9.36  This appropriation is onetime only from 
  9.37  the general fund and is available until 
  9.38  spent.  This appropriation is for 
  9.39  transfer to the local road improvement 
  9.40  fund under Minnesota Statutes, section 
  9.41  174.52.  Of this appropriation, 
  9.42  $18,000,000 is for transfer to the 
  9.43  trunk highway corridor account, 
  9.44  $17,750,000 is for transfer to the 
  9.45  local road development account, 
  9.46  $10,000,000 is for transfer to the 
  9.47  small cities and towns account, of 
  9.48  which $8,000,000 is for distribution to 
  9.49  small cities and $2,000,000 is for 
  9.50  distribution to towns, and $4,000,000 
  9.51  is for transfer to the noise wall 
  9.52  account. 
  9.53  Of the amount in the noise wall 
  9.54  account, $750,000 must be used for a 
  9.55  demonstration project for constructing 
  9.56  masonry sound walls.  After 
  9.57  construction of masonry sound walls 
  9.58  with this appropriation, the 
  9.59  commissioner shall evaluate the masonry 
 10.1   sound walls for the house of 
 10.2   representatives and senate 
 10.3   transportation committees. 
 10.4   Subd. 8.  State Roads                974,735,000    988,138,000
 10.5                 Summary by Fund
 10.6   General                  9,000          9,000
 10.7   For 2001 - $100,000,000
 10.8   Trunk Highway      974,726,000    988,129,000
 10.9   The amounts that may be spent from this 
 10.10  appropriation for each activity are as 
 10.11  follows:  
 10.12  (a) State Road Construction 
 10.13     562,567,000    562,567,000
 10.14  It is estimated that these 
 10.15  appropriations will be funded as 
 10.16  follows:  
 10.17  Federal Highway Aid 
 10.18     275,000,000    300,000,000
 10.19  Highway User Taxes 
 10.20     287,567,000    262,567,000
 10.21  The commissioner of transportation 
 10.22  shall notify the chair of the 
 10.23  transportation budget division of the 
 10.24  senate and chair of the transportation 
 10.25  finance committee of the house of 
 10.26  representatives quarterly of any events 
 10.27  that should cause these estimates to 
 10.28  change. 
 10.29  This appropriation is for the actual 
 10.30  construction, reconstruction, and 
 10.31  improvement of trunk highways.  This 
 10.32  includes the cost of actual payment to 
 10.33  landowners for lands acquired for 
 10.34  highway rights-of-way, payment to 
 10.35  lessees, interest subsidies, and 
 10.36  relocation expenses. 
 10.37  The commissioner may transfer up to 
 10.38  $15,000,000 each year to the trunk 
 10.39  highway revolving loan account. 
 10.40  The commissioner may receive money 
 10.41  covering other shares of the cost of 
 10.42  partnership projects.  These receipts 
 10.43  are appropriated to the commissioner 
 10.44  for these projects. 
 10.45  (b) General Fund State Road
 10.46  Construction
 10.47  For 2001 - $100,000,000
 10.48  (1) This appropriation is onetime only 
 10.49  from the general fund for the 
 10.50  construction, reconstruction, and 
 10.51  improvement of trunk highways.  The 
 10.52  commissioner shall allocate this 
 11.1   appropriation to the eight state 
 11.2   construction districts using the target 
 11.3   allocation formula commonly used to 
 11.4   distribute biennial appropriations for 
 11.5   road construction purposes.  The 
 11.6   districts shall give priority to 
 11.7   projects that preserve and repair 
 11.8   existing trunk highways or make 
 11.9   safety-related improvements and that 
 11.10  can be accomplished during the 
 11.11  2002-2003 fiscal biennium. 
 11.12  Of the appropriations under this 
 11.13  paragraph, the commissioner may not 
 11.14  spend more than $10,000,000 for program 
 11.15  delivery. 
 11.16  (2) The appropriations under this 
 11.17  paragraph are available through June 
 11.18  30, 2003.  On July 1, 2003, any part of 
 11.19  this appropriation not spent cancels to 
 11.20  the trunk highway fund.  The 
 11.21  commissioner shall report by February 
 11.22  1, 2003, to the chairs of the senate 
 11.23  and house of representatives committees 
 11.24  having jurisdiction over transportation 
 11.25  policy and transportation finance on 
 11.26  any projects that the department of 
 11.27  transportation has scheduled to be 
 11.28  constructed with this appropriation 
 11.29  that the commissioner determines will 
 11.30  be canceled or delayed as a result of 
 11.31  any part of this appropriation 
 11.32  canceling to the trunk highway fund.  
 11.33  For purposes of this paragraph, money 
 11.34  encumbered by the commissioner for a 
 11.35  trunk highway project is considered to 
 11.36  be spent. 
 11.37  (c) Report on General Fund
 11.38  Road Construction
 11.39  By August 1 of 2001, 2002, and 2003, 
 11.40  the commissioner shall report to the 
 11.41  chairs of the senate and house of 
 11.42  representatives committees with 
 11.43  jurisdiction over transportation policy 
 11.44  and finance on the status of each 
 11.45  project that is financed in whole or in 
 11.46  part from the money appropriated under 
 11.47  paragraph (b).  For each such project 
 11.48  the report must identify:  
 11.49  (1) the estimated full cost; 
 11.50  (2) an estimate of the original and new 
 11.51  schedule for completion; and 
 11.52  (3) an estimate of the schedule for 
 11.53  completion and description of projects 
 11.54  that will be moved forward in the 
 11.55  district's ten-year plan due to the 
 11.56  availability of the appropriation in 
 11.57  paragraph (b). 
 11.58  (d) Highway Debt Service 
 11.59      19,235,000     24,228,000
 11.60  $9,235,000 the first year and 
 11.61  $14,228,000 the second year are for 
 12.1   transfer to the state bond fund. 
 12.2   If this appropriation is insufficient 
 12.3   to make all transfers required in the 
 12.4   year for which it is made, the 
 12.5   commissioner of finance shall notify 
 12.6   the committee on state government 
 12.7   finance of the senate and the committee 
 12.8   on ways and means of the house of 
 12.9   representatives of the amount of the 
 12.10  deficiency and shall then transfer that 
 12.11  amount under the statutory open 
 12.12  appropriation.  
 12.13  Any excess appropriation must be 
 12.14  canceled to the trunk highway fund. 
 12.15  (e) Research and Investment Management 
 12.16      12,337,000     12,361,000
 12.17  $600,000 the first year and $600,000 
 12.18  the second year are available for 
 12.19  grants for transportation studies 
 12.20  outside the metropolitan area to 
 12.21  identify critical concerns, problems, 
 12.22  and issues.  These grants are available 
 12.23  to (1) regional development 
 12.24  commissions, and (2) in regions where 
 12.25  no regional development commission is 
 12.26  functioning, joint powers boards 
 12.27  established under agreement of two or 
 12.28  more political subdivisions in the 
 12.29  region to exercise the planning 
 12.30  functions of a regional development 
 12.31  commission, and (3) in regions where no 
 12.32  regional development commission or 
 12.33  joint powers board is functioning, the 
 12.34  department's district office for that 
 12.35  region. 
 12.36  $266,000 the first year and $266,000 
 12.37  the second year are available for 
 12.38  grants to metropolitan planning 
 12.39  organizations outside the seven-county 
 12.40  metropolitan area, including the 
 12.41  Mankato area. 
 12.42  $200,000 the first year is for an 
 12.43  update of the statewide transportation 
 12.44  plan. 
 12.45  $100,000 in the first year is for a 
 12.46  study of the feasibility and 
 12.47  desirability of allowing all vehicles 
 12.48  to use lanes on marked interstate 
 12.49  highways No. 394 and No. 35W presently 
 12.50  restricted to high-occupancy vehicles 
 12.51  only.  The commissioner shall determine 
 12.52  a time during which such use shall be 
 12.53  allowed, and take all necessary steps 
 12.54  to permit such use for the period of 
 12.55  the study.  The commissioner shall 
 12.56  contract with an independent consultant 
 12.57  to study the effects of opening the 
 12.58  lanes to all vehicles on traffic flow, 
 12.59  traffic congestion, transit and 
 12.60  high-occupancy vehicle use, and highway 
 12.61  safety on interstate highways No. 394 
 12.62  and No. 35W and other affected 
 12.63  highways.  The commissioner shall 
 13.1   report to the legislature on the 
 13.2   results of the study by February 1, 
 13.3   2002.  The commissioner shall take no 
 13.4   actions with respect to this study that 
 13.5   would result in a loss of federal funds 
 13.6   to the state or significant delay to a 
 13.7   state or local transportation project 
 13.8   financed partly with federal funds. 
 13.9   (f) Central Engineering Services
 13.10      65,031,000     66,338,000
 13.11  (g) Design and Construction Engineering
 13.12      88,835,000     91,046,000
 13.13  (h) State Road Operations
 13.14     221,113,000    225,852,000
 13.15  $2,750,000 the first year and 
 13.16  $2,750,000 the second year are for 
 13.17  facilities' maintenance. 
 13.18  $3,000,000 the first year and 
 13.19  $3,000,000 the second year are for 
 13.20  improved highway striping. 
 13.21  $3,250,000 the first year and 
 13.22  $3,250,000 the second year are for road 
 13.23  equipment and fabrication of auxiliary 
 13.24  equipment for snowplow trucks. 
 13.25  $875,000 the first year and $875,000 
 13.26  the second year are to support highway 
 13.27  signal and lighting maintenance 
 13.28  activities. 
 13.29  (i) Electronic Communications
 13.30       5,617,000      5,746,000
 13.31                Summary by Fund
 13.32  General                   9,000         9,000
 13.33  Trunk Highway         5,608,000     5,737,000
 13.34  Subd. 9.  General Support             52,961,000     53,924,000
 13.35                Summary by Fund
 13.36  General                  54,000        56,000
 13.37  Airports                 70,000        70,000 
 13.38  Trunk Highway        52,837,000    53,798,000
 13.39  The amounts that may be spent from this 
 13.40  appropriation for each activity are as 
 13.41  follows:  
 13.42  (a) General Management       
 13.43      39,273,000     39,990,000
 13.44  $125,000 each year is for a Native 
 13.45  American liaison to establish 
 13.46  relationships with tribal communities. 
 14.1   $6,600,000 each year is for 
 14.2   preservation and improvement of the 
 14.3   agency's information technology 
 14.4   infrastructure. 
 14.5   (b) General Services
 14.6       13,688,000     13,934,000
 14.7                 Summary by Fund
 14.8   General                  54,000        56,000
 14.9   Airports                 70,000        70,000 
 14.10  Trunk Highway        13,564,000    13,808,000 
 14.11  If the appropriation for either year is 
 14.12  insufficient, the appropriation for the 
 14.13  other year is available for it.  
 14.14  $2,000,000 each year is for information 
 14.15  technology development activities.  Of 
 14.16  this amount, $1,050,000 each year adds 
 14.17  to the agency budget base. 
 14.18  Subd. 10.  Buildings                   7,716,000     -0-    
 14.19                Summary by Fund
 14.20  Trunk Highway         6,816,000       -0-    
 14.21  Special Revenue         900,000       -0-    
 14.22  $900,000 the first year is from the 
 14.23  driver license account in the special 
 14.24  revenue fund for an addition to the 
 14.25  driver's exam building in Eagan. 
 14.26  Subd. 11.  Transfers
 14.27  (a) The commissioner of transportation 
 14.28  with the approval of the commissioner 
 14.29  of finance may transfer unencumbered 
 14.30  balances among the appropriations from 
 14.31  the trunk highway fund and the state 
 14.32  airports fund made in this section.  No 
 14.33  transfer may be made from the 
 14.34  appropriation for state road 
 14.35  construction.  No transfer may be made 
 14.36  from the appropriations for debt 
 14.37  service to any other appropriation.  
 14.38  Transfers under this paragraph may not 
 14.39  be made between funds.  Transfers must 
 14.40  be reported immediately to the chair of 
 14.41  the transportation budget division of 
 14.42  the senate and the chair of the 
 14.43  transportation finance committee of the 
 14.44  house of representatives.  
 14.45  (b) The commissioner of finance shall 
 14.46  transfer from the flexible account in 
 14.47  the county state-aid highway fund 
 14.48  $6,400,000 the first year and 
 14.49  $2,400,000 the second year to the 
 14.50  municipal turnback account in the 
 14.51  municipal state-aid street fund, and 
 14.52  the remainder in each year to the 
 14.53  county turnback account in the county 
 14.54  state-aid highway fund. 
 15.1   Subd. 12.  Use of State Road 
 15.2   Construction Appropriations 
 15.3   Any money appropriated to the 
 15.4   commissioner of transportation for 
 15.5   state road construction for any fiscal 
 15.6   year before fiscal year 2001 is 
 15.7   available to the commissioner during 
 15.8   fiscal years 2002 and 2003 to the 
 15.9   extent that the commissioner spends the 
 15.10  money on the state road construction 
 15.11  project for which the money was 
 15.12  originally encumbered during the fiscal 
 15.13  year for which it was appropriated. 
 15.14  The commissioner of transportation 
 15.15  shall report to the commissioner of 
 15.16  finance by August 1, 2001, and August 
 15.17  1, 2002, on a form the commissioner of 
 15.18  finance provides, on expenditures made 
 15.19  during the previous fiscal year that 
 15.20  are authorized by this subdivision. 
 15.21  Subd. 13.  Contingent Appropriation 
 15.22  The commissioner of transportation, 
 15.23  with the approval of the governor after 
 15.24  consultation with the legislative 
 15.25  advisory commission under Minnesota 
 15.26  Statutes, section 3.30, may transfer 
 15.27  all or part of the unappropriated 
 15.28  balance in the trunk highway fund to an 
 15.29  appropriation (1) for trunk highway 
 15.30  design, construction, or inspection in 
 15.31  order to take advantage of an 
 15.32  unanticipated receipt of income to the 
 15.33  trunk highway fund, (2) for trunk 
 15.34  highway maintenance in order to meet an 
 15.35  emergency, or (3) to pay tort or 
 15.36  environmental claims.  The amount 
 15.37  transferred is appropriated for the 
 15.38  purpose of the account to which it is 
 15.39  transferred. 
 15.40  Sec. 3.  METROPOLITAN COUNCIL  
 15.41  TRANSIT                               68,101,000     68,101,000
 15.43  For 2001 - $60,000,000
 15.44  Subdivision 1.  Transit Operations    68,101,000     68,101,000
 15.45  The council may not spend more than 
 15.46  $42,200,000 for metro mobility in the 
 15.47  2002-2003 fiscal biennium except for 
 15.48  proceeds from bond sales when use of 
 15.49  those proceeds for metro mobility 
 15.50  capital expenditures is authorized by 
 15.51  law. 
 15.52  For the years ending June 30, 2004, and 
 15.53  June 30, 2005, the budget base for the 
 15.54  general fund appropriations under this 
 15.55  subdivision is transferred from the 
 15.56  general fund to the transit assistance 
 15.57  fund, when the deposit of revenues 
 15.58  specified in article 4, section 46, 
 15.59  takes effect. 
 15.60  Subd. 2.  Bus Garages                 
 15.61  For 2001 - $12,000,000
 16.1   To construct bus garages. 
 16.2   This appropriation is onetime only and 
 16.3   is available until spent. 
 16.4   Subd. 3.  Bus Purchases and
 16.5   Capital Facilities                    
 16.7   For 2001 - $20,000,000
 16.8   This appropriation is for bus 
 16.9   purchases, bus shelters, park and ride 
 16.10  facilities, and other capital 
 16.11  facilities related to bus operations.  
 16.12  The council must use a portion of this 
 16.13  appropriation as capital grants to the 
 16.14  transit systems commonly known as 
 16.15  opt-outs. 
 16.16  Of this amount, $2,000,000 is for 
 16.17  construction of a bus transit hub in 
 16.18  the city of Brooklyn Center. 
 16.19  This appropriation is onetime only and 
 16.20  is available until spent. 
 16.21  $200,000 is for a pilot project which 
 16.22  will decrease traffic and parking needs 
 16.23  in the vicinity of regional parks. 
 16.24  Subd. 4.  Fare Increase
 16.25  Replacement                               
 16.27  For 2001 - $18,000,000
 16.28  This appropriation is a onetime 
 16.29  appropriation for transit operating 
 16.30  purposes to avoid a planned fare 
 16.31  increase.  The metropolitan council may 
 16.32  not increase base fares during the 
 16.33  2002-2003 fiscal biennium without 
 16.34  specific legislative authorization.  
 16.35  The metropolitan council must use a 
 16.36  portion of this appropriation as grants 
 16.37  to the transit systems commonly known 
 16.38  as opt-outs to replace revenue expected 
 16.39  from the fare increase. 
 16.40  Subd. 5.  Transit Ways                
 16.41  For 2001 - $10,000,000
 16.42  For engineering, design, and 
 16.43  construction of transit ways, 
 16.44  including, but not limited to, 
 16.45  acquisition of land and right-of-way. 
 16.46  This appropriation is onetime only and 
 16.47  is available until spent. 
 16.48  Of this appropriation, $4,000,000 is 
 16.49  for a grant to the Dakota county 
 16.50  regional rail authority to be used as 
 16.51  follows: 
 16.52  (1) $2,000,000 is for a feasibility 
 16.53  study, environmental studies, and 
 16.54  preliminary engineering in the Cedar 
 16.55  Avenue corridor to link the Hiawatha, 
 16.56  Riverview, and Northstar transit 
 16.57  corridors in Dakota county and to 
 17.1   provide connection with marked 
 17.2   interstate highways I-35E and I-35; and 
 17.3   (2) $2,000,000 is for a transit 
 17.4   feasibility study, environmental 
 17.5   studies, and preliminary engineering in 
 17.6   the corridor that includes trunk 
 17.7   highway Nos. 52 and 3/Robert Street.  
 17.8   The study must include an evaluation of 
 17.9   transit alternatives in the corridor, 
 17.10  including improved bus services and 
 17.11  related facilities, or providing a 
 17.12  dedicated bus transit way, or light 
 17.13  rail transit.  The study must include 
 17.14  an evaluation of connections to 
 17.15  downtown St. Paul and the Riverview and 
 17.16  Red Rock transit corridors. 
 17.17  Of this appropriation, $5,000,000 is 
 17.18  for a grant to the Ramsey county 
 17.19  regional rail authority for 
 17.20  environmental studies, preliminary 
 17.21  engineering, and implementation of 
 17.22  major transit improvements in the 
 17.23  central corridor linking downtown 
 17.24  Minneapolis and downtown St. Paul. 
 17.25  $1,000,000 is for a grant to the Rush 
 17.26  Line joint power board to implement 
 17.27  potential transit improvements, 
 17.28  including park and ride facilities and 
 17.29  bus lanes. 
 17.30  Sec. 4.  PUBLIC SAFETY
 17.31  Subdivision 1.  Total       
 17.32  Appropriation                        110,466,000    113,083,000 
 17.34  For 2001 - $3,020,000
 17.35                Summary by Fund
 17.36  General              12,290,000     12,046,000
 17.37  For 2001 - $1,700,000
 17.38  Trunk
 17.39  Highway              64,798,000     68,367,000
 17.40  For 2001 - $445,000
 17.41  Highway User         11,428,000     11,061,000
 17.42  For 2001 - $875,000
 17.43  Special 
 17.44  Revenue              21,950,000     21,609,000
 17.45  Subd. 2.  Administration 
 17.46  and Related Services                  13,169,000     13,365,000
 17.47                Summary by Fund
 17.48  General               4,578,000      4,603,000
 17.49  Trunk Highway         7,206,000      7,377,000
 17.50  Highway User          1,385,000      1,385,000
 17.51  (a) Office of Communications
 18.1          390,000        398,000
 18.2                 Summary by Fund
 18.3   General                  20,000        20,000
 18.4   Trunk Highway           370,000       378,000
 18.5   (b) Public Safety Support
 18.6        7,903,000      7,995,000
 18.7                 Summary by Fund
 18.8   General               3,086,000      3,087,000
 18.9   Trunk Highway         3,451,000      3,542,000
 18.10  Highway User          1,366,000      1,366,000
 18.11  $326,000 the first year and $326,000 
 18.12  the second year are for payment of 
 18.13  public safety officer survivor benefits 
 18.14  under Minnesota Statutes, section 
 18.15  299A.44.  If the appropriation for 
 18.16  either year is insufficient, the 
 18.17  appropriation for the other year is 
 18.18  available for it. 
 18.19  $314,000 the first year and $314,000 
 18.20  the second year are to be deposited in 
 18.21  the public safety officer's benefit 
 18.22  account.  This money is available for 
 18.23  reimbursements under Minnesota 
 18.24  Statutes, section 299A.465. 
 18.25  $508,000 the first year and $508,000 
 18.26  the second year are for soft body armor 
 18.27  reimbursements under Minnesota 
 18.28  Statutes, section 299A.38.  
 18.29  (c) Technical Support Services
 18.30       4,876,000       4,972,000
 18.31                Summary by Fund
 18.32  General               1,472,000      1,496,000
 18.33  Trunk Highway         3,385,000      3,457,000
 18.34  Highway User             19,000         19,000
 18.35  Subd. 3.  State Patrol                62,846,000     64,205,000
 18.36                Summary by Fund
 18.37  General               5,479,000      3,447,000
 18.38  Trunk Highway        57,275,000     60,666,000
 18.39  Highway User             92,000         92,000
 18.40  (a) Patrolling Highways
 18.41       50,905,000     54,111,000
 18.42                Summary by Fund
 18.43  General                  37,000        37,000
 19.1   For 2001 - $1,625,000
 19.2   Trunk Highway        50,776,000    53,982,000
 19.3   Highway Users            92,000        92,000
 19.4   $1,625,000 in fiscal year 2001 from the 
 19.5   general fund is onetime only and is for 
 19.6   the purchase of video cameras for 
 19.7   installation in state patrol vehicles 
 19.8   and is available until June 30, 2003. 
 19.9   Of this appropriation, $1,212,000 the 
 19.10  first year and $3,082,000 the second 
 19.11  year from the trunk highway fund are 
 19.12  for 65 new patrol positions and the 
 19.13  recruit training academy. 
 19.14  (b) Commercial Vehicle Enforcement
 19.15       6,295,000      6,474,000
 19.16  This appropriation is from the trunk 
 19.17  highway fund. 
 19.18  (c) Capitol Security
 19.19       4,021,000      3,620,000
 19.20                Summary by Fund
 19.21  General               3,817,000     3,410,000
 19.22  Trunk Highway           204,000       210,000
 19.23  $500,000 the first year from the 
 19.24  general fund is to be used by the 
 19.25  capitol complex security oversight 
 19.26  committee described in Minnesota 
 19.27  Statutes, section 299E.03.  The 
 19.28  committee's chair shall use the money 
 19.29  at the direction of the committee and 
 19.30  with the advice of the commissioner to 
 19.31  purchase and install security 
 19.32  technology in the capitol complex.  
 19.33  Legislative members of the committee 
 19.34  may not vote on how the money is to be 
 19.35  used.  The technology must include, but 
 19.36  is not limited to, video cameras, and 
 19.37  must be designed to enhance the safety 
 19.38  of legislators, constitutional 
 19.39  officers, members of the judiciary, 
 19.40  commissioners of state agencies, 
 19.41  visiting dignitaries, and members of 
 19.42  the public. 
 19.43  By January 15, 2002, the committee's 
 19.44  chair shall report on how the money was 
 19.45  spent to the chairs of the senate and 
 19.46  house of representatives committees or 
 19.47  divisions having jurisdiction over 
 19.48  capitol complex security.  The 
 19.49  commissioner may, upon request of the 
 19.50  committee, transfer this appropriation 
 19.51  to the department of administration. 
 19.52  Subd. 4.  Driver and
 19.53  Vehicle Services                      34,780,000     34,195,000
 19.54  For 2001 - $75,000
 20.1                 Summary by Fund
 20.2   General               3,858,000      3,996,000
 20.3   For 2001 - $75,000
 20.4   Trunk Highway           -0-            -0-    
 20.5   For 2001 - $445,000
 20.6   Highway User          9,951,000      9,584,000 
 20.7   For 2001 - $875,000
 20.8   Special Revenue      20,971,000     20,615,000
 20.9   (a) Vehicle Registration 
 20.10  and Title
 20.11      13,754,000     13,524,000
 20.12                Summary by Fund
 20.13  General               3,803,000     3,940,000
 20.14  Highway User          9,951,000     9,584,000
 20.15  For 2001 - $875,000
 20.16  $875,000 from the highway user fund is 
 20.17  added to the appropriation for fiscal 
 20.18  year 2001 in Laws 1999, chapter 238, 
 20.19  article 1, section 4, subdivision 4a, 
 20.20  for increased license plate costs. 
 20.21  (b) Licensing Drivers 
 20.22      21,026,000     20,671,000
 20.23                Summary by Fund
 20.24  General                  55,000        56,000
 20.25  For 2001 - $75,000
 20.26  Special Revenue      20,971,000    20,615,000
 20.27  Trunk Highway           -0-           -0-    
 20.28  For 2001 - $445,000
 20.29  $445,000 from the trunk highway fund is 
 20.30  added to the appropriation for fiscal 
 20.31  year 2001 in Laws 1999, chapter 238, 
 20.32  article 1, section 4, subdivision 4c, 
 20.33  for increased driver's license card 
 20.34  production costs. 
 20.35  $75,000 in fiscal year 2001 from the 
 20.36  general fund is for translating the 
 20.37  driver's manual. 
 20.38  Subd. 5.  Traffic Safety                 317,000        324,000
 20.39  This appropriation is from the trunk 
 20.40  highway fund. 
 20.41  Subd. 6.  Pipeline Safety                979,000        994,000
 20.42  This appropriation is from the pipeline 
 20.43  safety account in the special revenue 
 21.1   fund. 
 21.2   Sec. 5.  MINNESOTA SAFETY   
 21.3   COUNCIL                                   67,000         67,000 
 21.4   This is an ongoing appropriation. 
 21.5    Sec. 6.  FINANCE                       5,836,000         -0-  
 21.6   For 2001 - $4,164,000
 21.7   $7,300,000 is for transfer to the 
 21.8   transportation revolving fund. 
 21.9   This appropriation is onetime only from 
 21.10  the general fund. 
 21.11  $2,700,000 is for transfer to the board 
 21.12  of water and soil resources to acquire 
 21.13  wetland banking credits, land, or 
 21.14  services for the purpose of restoring 
 21.15  or creating wetlands to be used to 
 21.16  replace wetlands drained or filled as a 
 21.17  result of the repair, maintenance, or 
 21.18  rehabilitation of existing public roads 
 21.19  as required by Minnesota Statutes, 
 21.20  section 103G.222, subdivision 1, 
 21.21  paragraph (l).  Up to $400,000 of this 
 21.22  appropriation may be used for 
 21.23  professional and technical services. 
 21.24  Sec. 7.  GENERAL CONTINGENT 
 21.25  ACCOUNTS                               1,575,000     4,725,000
 21.26  For 2001 - $5,650,000
 21.27  The appropriations in this section may 
 21.28  only be spent with the approval of the 
 21.29  governor after consultation with the 
 21.30  legislative advisory commission 
 21.31  pursuant to Minnesota Statutes, section 
 21.32  3.30. 
 21.33  If an appropriation in this section for 
 21.34  either year is insufficient, the 
 21.35  appropriation for the other year is 
 21.36  available for it.  
 21.37                Summary by Fund
 21.38  General Fund            700,000     3,850,000
 21.39  For 2001 - $5,650,000
 21.40  Special Revenue         400,000       400,000
 21.41  Trunk Highway           200,000       200,000
 21.42  Highway User            125,000       125,000
 21.43  Airports                 50,000        50,000
 21.44  Workers' Compensation   100,000       100,000
 21.45  $4,400,000 the first year from the 
 21.46  general fund is for the fiscal year 
 21.47  2001 required match of federal disaster 
 21.48  assistance for all currently open 
 21.49  presidential declared disasters and is 
 21.50  added to the appropriation in Laws 
 21.51  1999, chapter 216, article 1, section 
 22.1   7, subdivision 2, for the state match 
 22.2   of federal disaster assistance money 
 22.3   under Minnesota Statutes, section 
 22.4   12.221.  This appropriation is 
 22.5   available to fund state obligations 
 22.6   incurred through the receipt of federal 
 22.7   disaster assistance grants and is 
 22.8   available the day following final 
 22.9   enactment. 
 22.10  In fiscal year 2001, $186,000 in 
 22.11  general funds is transferred from Laws 
 22.12  1999, chapter 250, article 1, section 
 22.13  28, to the department of military 
 22.14  affairs to pay for higher than 
 22.15  anticipated fuel costs of the 
 22.16  department's training and community 
 22.17  center facilities. 
 22.18  $1,250,000 the second year from the 
 22.19  general fund is for fiscal year 2001 
 22.20  public infrastructure and restoration 
 22.21  grants to be used by the commissioner 
 22.22  of the department of trade and economic 
 22.23  development for the following items: 
 22.24  (a) $600,000 is for grants to local 
 22.25  units of government to assist with the 
 22.26  cost of damage assessment, repair, 
 22.27  replacement, extension, or improvement 
 22.28  of publicly owned buildings; parks; 
 22.29  storm sewers, wastewater, and municipal 
 22.30  utility service; drinking water 
 22.31  systems; and streets, bridges, and 
 22.32  other infrastructure. 
 22.33  (b) $625,000 is for grants to local 
 22.34  units of government to assist with 
 22.35  costs that are not eligible for 
 22.36  reimbursement under the Federal 
 22.37  Emergency Management Agency disaster 
 22.38  relief programs, including the 
 22.39  acquisition and cleanup costs of 
 22.40  ineligible properties and the cost of 
 22.41  lost interest earnings to the local 
 22.42  units of government. 
 22.43  (c) $25,000 is for a grant to Project 
 22.44  Turnabout for capital expenditures 
 22.45  necessitated by the tornado.  This 
 22.46  appropriation is available the day 
 22.47  following final enactment. 
 22.48  Sec. 8.  TORT CLAIMS                     600,000       600,000
 22.49  To be spent by the commissioner of 
 22.50  finance.  
 22.51  This appropriation is from the trunk 
 22.52  highway fund. 
 22.53  If the appropriation for either year is 
 22.54  insufficient, the appropriation for the 
 22.55  other year is available for it. 
 22.56                             ARTICLE 2
 22.57                  CRIMINAL JUSTICE APPROPRIATIONS 
 22.58  Section 1.  [APPROPRIATIONS.] 
 23.1      The sums shown in the columns marked "APPROPRIATIONS" are 
 23.2   appropriated from the general fund, or another named fund, to 
 23.3   the agencies and for the purposes specified in this article, to 
 23.4   be available for the fiscal years indicated for each purpose.  
 23.5   The figures "2001," "2002," and "2003," where used in this 
 23.6   article, mean that the appropriations listed under them are 
 23.7   available for the year ending June 30, 2001, June 30, 2002, or 
 23.8   June 30, 2003, respectively.  The term "first year" means the 
 23.9   year ending June 30, 2002, and the term "second year" means the 
 23.10  year ending June 30, 2003.  Appropriations for the year ending 
 23.11  June 30, 2001, are in addition to appropriations made in 
 23.12  previous years.  All 2001 appropriations in this article are 
 23.13  effective immediately on final enactment and do not cancel, but 
 23.14  are available until expended. 
 23.15                          SUMMARY BY FUND
 23.16                            2002          2003           TOTAL
 23.17  General            $   85,426,000 $   83,660,000 $  169,086,000
 23.18  For 2001 - $16,300,000
 23.19  Special Revenue         5,983,000      5,421,000     11,404,000
 23.20  Environmental              47,000         49,000         96,000
 23.21  State Government 
 23.22  Special Revenue             7,000          7,000         14,000
 23.23  Trunk Highway             354,000        361,000        715,000
 23.24  TOTAL              $   91,817,000 $   89,498,000 $  181,315,000
 23.25  For 2001 - $16,300,000
 23.26                                             APPROPRIATIONS 
 23.27                                         Available for the Year 
 23.28                                             Ending June 30 
 23.29                                            2002         2003 
 23.30  Sec. 2.  CRIME VICTIM 
 23.31  OMBUDSMAN                                408,000      419,000
 23.32  Sec. 3.  PUBLIC SAFETY
 23.33  Subdivision 1.  Total 
 23.34  Appropriation                         96,928,000   88,882,000
 23.35  For 2001 - $16,300,000
 23.36                Summary by Fund
 23.37                          2002          2003
 23.38  General             84,874,000    83,093,000 
 23.39  For 2001 - $16,300,000
 24.1   Special Revenue      1,291,000       697,000 
 24.2   State Government 
 24.3   Special Revenue          7,000         7,000  
 24.4   Environmental           47,000        49,000  
 24.5   Trunk Highway          354,000       361,000   
 24.6   The amounts that may be spent from this 
 24.7   appropriation for each program are 
 24.8   specified in the following subdivisions.
 24.9   Subd. 2.  Emergency Management
 24.10                Summary by Fund
 24.11  General                7,591,000    7,633,000
 24.12  For 2001 - $6,000,000
 24.13  Environmental             47,000       49,000
 24.14  (a) The department may carry $82,000 
 24.15  from the biennium ending June 30, 2001, 
 24.16  to the biennium ending June 30, 2003. 
 24.17  (b) $5,000,000 the first year and 
 24.18  $5,000,000 the second year from the 
 24.19  general fund are for the state match of 
 24.20  federal disaster assistance money under 
 24.21  Minnesota Statutes, section 12.221.  
 24.22  The unused balance each year must be 
 24.23  transferred to the state's general 
 24.24  contingent account. 
 24.25  (c) $6,000,000 in fiscal year 2001 from 
 24.26  the general fund is for a grant to the 
 24.27  city of Granite Falls to assist with 
 24.28  tornado-related costs that are not 
 24.29  eligible for reimbursement under the 
 24.30  Federal Emergency Management Agency 
 24.31  disaster relief programs, including 
 24.32  acquisition and cleanup costs of 
 24.33  ineligible properties; costs of lost 
 24.34  interest earnings; and costs of damage 
 24.35  assessment, repair, replacement, 
 24.36  extension, or improvement of publicly 
 24.37  owned wastewater and municipal utility 
 24.38  services and drinking water systems, 
 24.39  and is available until June 30, 2003. 
 24.40  (d) $1,022,000 the first year and 
 24.41  $1,026,000 the second year from the 
 24.42  general fund are for hazardous 
 24.43  materials emergency response/chemical 
 24.44  assessment teams.  The commissioner 
 24.45  shall maintain operation of four 
 24.46  combined hazardous materials emergency 
 24.47  response/chemical assessment teams and 
 24.48  six stand-alone chemical assessment 
 24.49  teams with this appropriation. 
 24.50  Subd. 3.  Criminal Apprehension 
 24.51                Summary by Fund
 24.52  General              31,500,000   31,786,000
 24.53  For 2001 - $8,000,000
 25.1   Special Revenue       1,291,000      697,000
 25.2   State Government
 25.3   Special Revenue           7,000        7,000
 25.4   Trunk Highway           354,000      361,000
 25.5   (a) $99,000 the first year and $99,000 
 25.6   the second year from the bureau of 
 25.7   criminal apprehension account in the 
 25.8   special revenue fund are for grants to 
 25.9   local officials for the cooperative 
 25.10  investigation of cross-jurisdictional 
 25.11  criminal activity.  Any unencumbered 
 25.12  balance remaining in the first year 
 25.13  does not cancel but is available for 
 25.14  the second year. 
 25.15  (b) $1,332,000 the first year and 
 25.16  $1,357,000 the second year from the 
 25.17  general fund are for laboratory 
 25.18  analysis related to driving while 
 25.19  impaired cases. 
 25.20  (c) Notwithstanding Minnesota Statutes, 
 25.21  section 161.20, subdivision 3, $354,000 
 25.22  the first year and $361,000 the second 
 25.23  year from the trunk highway fund are 
 25.24  for laboratory analysis related to 
 25.25  driving while impaired cases. 
 25.26  (d) $750,000 the first year and 
 25.27  $750,000 the second year are for the 
 25.28  CriMNet project components to maintain 
 25.29  the CriMNet enterprise model for use in 
 25.30  all criminal justice information 
 25.31  systems implementation efforts, and to 
 25.32  staff other CriMNet activities. 
 25.33  (e) $8,000,000 in fiscal year 2001, 
 25.34  $1,000,000 the first year and 
 25.35  $1,000,000 the second year are onetime 
 25.36  appropriations for grants under 
 25.37  Minnesota Statutes, section 299C.65, 
 25.38  subdivision 7, to implement criminal 
 25.39  justice information integration plans 
 25.40  for entities that have completed 
 25.41  integration plans under Minnesota 
 25.42  Statutes, section 299C.65, subdivision 
 25.43  6, and are available until June 30, 
 25.44  2003. 
 25.45  (f) $500,000 the first year and 
 25.46  $500,000 the second year are onetime 
 25.47  appropriations for grants to develop 
 25.48  criminal justice information 
 25.49  integration plans under Minnesota 
 25.50  Statutes, section 299C.65, subdivision 
 25.51  6. 
 25.52  (g) $1,000,000 the first year and 
 25.53  $1,000,000 the second year are for the 
 25.54  CriMNet project component to work on 
 25.55  eliminating records currently in the 
 25.56  criminal history suspense file, and to 
 25.57  assist local agencies in changing their 
 25.58  business practices to prevent 
 25.59  inaccurate and incomplete data from 
 25.60  being submitted. 
 25.61  Subd. 4.  Fire Marshal 
 26.1        3,280,000      3,363,000
 26.2   $99,000 the first year and $102,000 the 
 26.3   second year from the general fund are 
 26.4   for hazardous materials emergency 
 26.5   response/chemical assessment teams. 
 26.6   Subd. 5.  Alcohol and Gambling Enforcement
 26.7        1,822,000      1,864,000
 26.8   Subd. 6.  Crime Victim Services Center
 26.9       32,682,000     32,536,000
 26.10  For 2001 - $300,000
 26.11  (a) $300,000 in fiscal year 2001 and 
 26.12  $100,000 the second year are for the 
 26.13  statewide automated victim notification 
 26.14  system described in Minnesota Statutes, 
 26.15  section 299A.76.  Of this amount, 
 26.16  $100,000 the second year adds to the 
 26.17  agency's base budget. 
 26.18  (b) $280,000 the first year is a 
 26.19  onetime appropriation for the pilot 
 26.20  project grant program to provide 
 26.21  neighborhood-based services to crime 
 26.22  victims and witnesses described in 
 26.23  section 14.  The grant recipient or 
 26.24  recipients shall use the grant money to 
 26.25  offer services in a minimum of five 
 26.26  locations, at least three of which must 
 26.27  be locations where these types of 
 26.28  services are not currently offered. 
 26.29  (c) $250,000 the first year and 
 26.30  $250,000 the second year are onetime 
 26.31  appropriations for a sexual assault 
 26.32  multidisciplinary action response teams 
 26.33  grant program.  Of this appropriation, 
 26.34  $75,000 each year is for technical 
 26.35  assistance and training services 
 26.36  provided by the sexual assault justice 
 26.37  institute of the Minnesota coalition 
 26.38  against sexual assault.  To receive 
 26.39  state funds, grantees must provide a 25 
 26.40  percent match.  The match may include 
 26.41  in-kind services. 
 26.42  The executive director, in consultation 
 26.43  with the sexual assault advisory 
 26.44  council, shall make grants to counties 
 26.45  or groups of counties to establish 
 26.46  response teams.  The response teams are 
 26.47  responsible for developing interagency 
 26.48  protocols following the eight-step 
 26.49  process developed as the Minnesota 
 26.50  model sexual assault response 
 26.51  protocol.  Response teams shall work in 
 26.52  collaboration with the sexual violence 
 26.53  justice institute of the Minnesota 
 26.54  coalition against sexual assault. 
 26.55  Response teams shall include: 
 26.56  (1) a chief law enforcement officer or 
 26.57  designee; 
 26.58  (2) a county attorney or designee; 
 27.1   (3) a victims' advocate; and 
 27.2   (4) a medical evidentiary exam provider.
 27.3   Additional representation may include, 
 27.4   but is not limited to:  mental health 
 27.5   professionals, representatives from 
 27.6   institutions of higher learning, 
 27.7   representatives from district court 
 27.8   administration, representatives from 
 27.9   corrections agencies, clergy, and 
 27.10  community-based agencies providing 
 27.11  services to victims of sexual assault. 
 27.12  The executive director shall award up 
 27.13  to ten grants in a manner that attempts 
 27.14  to ensure statewide distribution of 
 27.15  response teams. 
 27.16  (d) $1,000,000 the first year and 
 27.17  $1,000,000 the second year are onetime 
 27.18  appropriations for per diem funding for 
 27.19  battered women shelters under Minnesota 
 27.20  Statutes, section 611A.32, and for safe 
 27.21  homes. 
 27.22  Subd. 7.  Law Enforcement and Community Grants
 27.23      7,999,000      5,911,000
 27.24  For 2001 - $2,000,000
 27.25  (a) $250,000 the first year is a 
 27.26  onetime appropriation for a grant to 
 27.27  the Pennington county sheriff for 
 27.28  implementation of an 800 MHz trunked 
 27.29  public safety radio system. 
 27.30  (b) $1,000,000 the first year is a 
 27.31  onetime appropriation for grants under 
 27.32  Minnesota Statutes, section 299C.065, 
 27.33  subdivision 1, clause (1), for 
 27.34  increased law enforcement costs 
 27.35  relating to methamphetamine trafficking 
 27.36  and production.  Grant recipients must 
 27.37  be chosen by the office of drug policy 
 27.38  and violence prevention after 
 27.39  consulting with the narcotics 
 27.40  enforcement coordinating committee.  
 27.41  Grants must be allocated in a balanced 
 27.42  manner among rural, suburban, and urban 
 27.43  drug task force agencies.  Grants may 
 27.44  be awarded and used for the following 
 27.45  items relating to clandestine 
 27.46  methamphetamine labs: 
 27.47  (1) increased general law enforcement 
 27.48  costs; 
 27.49  (2) training materials and public 
 27.50  awareness publications; 
 27.51  (3) peace officer training courses, 
 27.52  certification, and equipment; and 
 27.53  (4) reimbursements to law enforcement 
 27.54  agencies for extraordinary or unusual 
 27.55  overtime and investigative expenses. 
 27.56  Grants must not be used for 
 27.57  methamphetamine lab site cleanup or 
 28.1   disposal of seized equipment or 
 28.2   chemicals.  Additionally, grants must 
 28.3   not supplant current local spending or 
 28.4   other state or federal grants allocated 
 28.5   by the commissioner of public safety 
 28.6   for similar purposes. 
 28.7   (c) $550,000 the first year and 
 28.8   $550,000 the second year are to 
 28.9   continue to operate the youth 
 28.10  experience alternatives program, which 
 28.11  includes weekend camp programs for 
 28.12  at-risk youth described as the Camp 
 28.13  Ripley weekend camp program in Laws 
 28.14  1997, chapter 239, article 1, section 
 28.15  12, subdivision 3, as amended by Laws 
 28.16  1998, chapter 367, article 10, section 
 28.17  13.  The commissioner shall attempt to 
 28.18  serve at least 500 juveniles per year 
 28.19  within this appropriation.  This 
 28.20  appropriation adds to the agency's base 
 28.21  budget. 
 28.22  (d) $2,000,000 in fiscal year 2001 is a 
 28.23  onetime appropriation for grants 
 28.24  authorized under Minnesota Statutes, 
 28.25  section 299A.66, subdivisions 1 and 2, 
 28.26  and is available until June 30, 2003. 
 28.27  (e) $250,000 the first year and 
 28.28  $250,000 the second year are onetime 
 28.29  appropriations for distribution as 
 28.30  matching funds to counties 
 28.31  participating in multijurisdictional 
 28.32  narcotics task forces that receive 
 28.33  federal Byrne grant funds.  These 
 28.34  matching funds are available statewide 
 28.35  to any county currently participating 
 28.36  in a task force, any county seeking to 
 28.37  join an existing task force, and any 
 28.38  county starting its own task force. 
 28.39  (f) $600,000 the first year is a 
 28.40  onetime appropriation for a grant to 
 28.41  the Ramsey county attorney's office to 
 28.42  continue funding the joint domestic 
 28.43  abuse prosecution unit.  Of this 
 28.44  appropriation, $100,000 is for a grant 
 28.45  to the Ramsey county public defender's 
 28.46  office to continue work related to the 
 28.47  joint domestic abuse prosecution unit.  
 28.48  This appropriation is available until 
 28.49  June 30, 2003. 
 28.50  The Ramsey county attorney's office and 
 28.51  the St. Paul city attorney's office 
 28.52  shall continue the joint domestic abuse 
 28.53  prosecution unit pilot project 
 28.54  established by the legislature under 
 28.55  Laws 2000, chapters 471, section 3; and 
 28.56  488, article 6, section 10.  The 
 28.57  appropriation must be used to continue 
 28.58  the pilot project beyond its first year 
 28.59  of operation and allow a meaningful 
 28.60  evaluation that will benefit other 
 28.61  jurisdictions in Minnesota.  The unit 
 28.62  has authority to prosecute 
 28.63  misdemeanors, gross misdemeanors, and 
 28.64  felonies.  The unit shall also 
 28.65  coordinate efforts with child 
 28.66  protection attorneys.  The unit may 
 29.1   include four cross-deputized assistant 
 29.2   city attorneys and assistant county 
 29.3   attorneys and a police investigator.  A 
 29.4   victim/witness advocate, a law clerk, a 
 29.5   paralegal, and a secretary may provide 
 29.6   support.  
 29.7   The goals of this pilot project are to: 
 29.8   (1) recognize children as both victims 
 29.9   and witnesses in domestic abuse 
 29.10  situations; 
 29.11  (2) recognize and respect the interests 
 29.12  of children in the prosecution of 
 29.13  domestic abuse; and 
 29.14  (3) reduce the exposure to domestic 
 29.15  violence for both adult and child 
 29.16  victims. 
 29.17  By January 15, 2002, the Ramsey county 
 29.18  attorney's office and the St. Paul city 
 29.19  attorney's office shall report to the 
 29.20  chairs and ranking minority members of 
 29.21  the senate and house of representatives 
 29.22  committees and divisions having 
 29.23  jurisdiction over criminal justice 
 29.24  policy and funding on the pilot 
 29.25  project.  The report may include the 
 29.26  number and types of cases referred, the 
 29.27  number of cases charged, the outcome of 
 29.28  cases, and other relevant outcome 
 29.29  measures. 
 29.30  (g) $300,000 the first year and 
 29.31  $300,000 the second year are for grants 
 29.32  to the center for reducing rural 
 29.33  violence to be used by the center to 
 29.34  continue the violence prevention 
 29.35  services and related technical 
 29.36  assistance it currently offers to rural 
 29.37  communities.  This appropriation adds 
 29.38  to the agency's base budget. 
 29.39  (h) $250,000 the first year is for 
 29.40  grants under Minnesota Statutes, 
 29.41  section 299A.62, the community-oriented 
 29.42  policing program, to fund overtime for 
 29.43  peace officers.  Fifty percent is to be 
 29.44  used for grants to St. Paul and 
 29.45  Minneapolis police departments and 50 
 29.46  percent is to be used for grants to 
 29.47  other police departments statewide.  
 29.48  This appropriation is available until 
 29.49  June 30, 2003. 
 29.50  Sec. 4.  BOARD OF PEACE OFFICER 
 29.51  STANDARDS AND TRAINING                 4,692,000      4,724,000
 29.52  This appropriation is from the peace 
 29.53  officer training account in the special 
 29.54  revenue fund.  Any receipts credited to 
 29.55  the peace officer training account in 
 29.56  the special revenue fund in the first 
 29.57  year in excess of $4,692,000 must be 
 29.58  transferred and credited to the general 
 29.59  fund.  Any receipts credited to the 
 29.60  peace officer training account in the 
 29.61  special revenue fund in the second year 
 29.62  in excess of $4,724,000 must be 
 30.1   transferred and credited to the general 
 30.2   fund. 
 30.3   Sec. 5.  BOARD OF PRIVATE DETECTIVE 
 30.4   AND PROTECTIVE AGENT SERVICES            144,000        148,000
 30.5   The board may increase the amounts 
 30.6   charged for initial licenses, 
 30.7   application fees, reissuance fees, 
 30.8   designation fees, status fees, and 
 30.9   business fees as specified on page 
 30.10  H-331 of the governor's 2002-2003 
 30.11  proposed criminal justice budget. 
 30.12     Sec. 6.  Minnesota Statutes 2000, section 13.87, is amended 
 30.13  by adding a subdivision to read: 
 30.14     Subd. 3.  [INTERNET ACCESS.] (a) Notwithstanding section 
 30.15  13.03, subdivision 3, paragraph (a), the bureau of criminal 
 30.16  apprehension may charge a fee for Internet access to public 
 30.17  criminal history data.  The fee may not exceed $5 per inquiry or 
 30.18  the amount needed to recoup the actual cost of implementing and 
 30.19  providing Internet access, whichever is less.  
 30.20     (b) The Web site must include a notice to the subject of 
 30.21  data of the right to contest the accuracy or completeness of 
 30.22  data, as provided under section 13.04, subdivision 4, and 
 30.23  provide a telephone number and address that the subject may 
 30.24  contact for further information on this process.  
 30.25     (c) The Web site must include the effective date of data 
 30.26  that is posted.  
 30.27     (d) The Web site must include a description of the types of 
 30.28  criminal history data not available on the site, including 
 30.29  arrest data, juvenile data, criminal history data from other 
 30.30  states, federal data, data on convictions where 15 years have 
 30.31  elapsed since discharge of the sentence, and other data that are 
 30.32  not accessible to the public. 
 30.33     (e) The Web site must include a notice that a person 
 30.34  obtaining access to the site has a duty to disclose criminal 
 30.35  history data obtained from the site to the subject of the data 
 30.36  if any adverse decision regarding employment, housing, or credit 
 30.37  is based in whole or in part on the data.  This paragraph does 
 30.38  not create a civil cause of action on behalf of the data subject.
 30.39     Sec. 7.  Minnesota Statutes 2000, section 299A.64, 
 30.40  subdivision 1, is amended to read: 
 31.1      Subdivision 1.  [MEMBERSHIP OF COUNCIL.] The criminal gang 
 31.2   oversight council consists of the following individuals or their 
 31.3   designees:  the commissioner of public safety; the commissioner 
 31.4   of corrections; the superintendent of the bureau of criminal 
 31.5   apprehension; the attorney general; the chief law enforcement 
 31.6   officers for Minneapolis, St. Paul, St. Cloud, and Duluth; a 
 31.7   chief of police selected by the president of the Minnesota 
 31.8   chiefs of police association; two sheriffs, one from a county in 
 31.9   the seven-county metropolitan area other than Hennepin or Ramsey 
 31.10  county and the other from a county outside the metropolitan 
 31.11  area, both selected by the president of the Minnesota sheriffs 
 31.12  association; the executive director of the Minnesota police and 
 31.13  peace officers association; and the Hennepin, Ramsey, St. Louis, 
 31.14  and Olmsted county sheriffs.  The council may select a chair 
 31.15  from among its members. 
 31.16     Sec. 8.  [299A.68] [FINANCIAL CRIMES INVESTIGATION UNIT 
 31.17  ESTABLISHED.] 
 31.18     Subdivision 1.  [INVESTIGATION UNIT ESTABLISHED.] A group 
 31.19  of two or more local governmental units may enter into an 
 31.20  agreement to establish a major financial crimes investigation 
 31.21  unit. 
 31.22     Subd. 2.  [INVESTIGATION UNIT'S DUTIES.] The investigation 
 31.23  unit shall investigate consumer identity theft cases and 
 31.24  reported financial crimes from individuals and businesses who 
 31.25  are victims of such crimes.  The investigation unit shall focus 
 31.26  on financial crimes including, but not limited to:  theft, 
 31.27  fraud, and forgery crimes, including identity theft, check 
 31.28  forgery, fraud in obtaining credit, financial transaction card 
 31.29  fraud, theft from merchants, possession or sale of stolen or 
 31.30  counterfeit checks, issuance of dishonored checks, creation or 
 31.31  use of counterfeit state identification, obtaining counterfeit 
 31.32  state identification, fraudulent Internet transactions, 
 31.33  fraudulent merchandise returns, and other related financial 
 31.34  crimes.  In particular, the investigation unit shall target 
 31.35  criminals who: 
 31.36     (1) commit multiple cross-jurisdictional financial crimes; 
 32.1      (2) employ computers and other sophisticated technology to 
 32.2   counterfeit documents or commit fraud; or 
 32.3      (3) illegally obtain consumer information for identity 
 32.4   theft. 
 32.5      Subd. 3.  [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.] 
 32.6   The local governmental units that agree to form and participate 
 32.7   in the financial crimes investigation unit shall oversee the 
 32.8   investigation unit's operation by establishing procedures and 
 32.9   guidelines in their agreement.  The agreement may address the 
 32.10  following: 
 32.11     (1) the command structure of the investigation unit; 
 32.12     (2) acquisition of equipment, office space, and 
 32.13  transportation; 
 32.14     (3) procedures for contracting for necessary administrative 
 32.15  support; 
 32.16     (4) selection and assignment of members; 
 32.17     (5) transfer of investigation unit members; 
 32.18     (6) resolution of disputes between participating local 
 32.19  governmental units; and 
 32.20     (7) all other issues deemed pertinent by the participating 
 32.21  local governmental units. 
 32.22     Subd. 4.  [COMMANDER.] The participating local governmental 
 32.23  units shall select a commander to direct the investigation 
 32.24  unit.  The commander shall make tactical decisions regarding the 
 32.25  commencement, continuation, and conclusion of investigations of 
 32.26  crimes within the investigation unit's jurisdiction.  The 
 32.27  commander shall also report annually to the office of drug 
 32.28  policy and violence prevention as required in subdivision 11. 
 32.29     Subd. 5.  [MEMBERS.] The investigation unit may include law 
 32.30  enforcement officers, prosecutors, and investigators from local 
 32.31  governmental units who are selected by their supervisors to 
 32.32  participate in the investigation unit.  All law enforcement 
 32.33  officers selected to join the investigation unit must be 
 32.34  licensed peace officers under section 626.84, subdivision 1. 
 32.35     Subd. 6.  [JURISDICTION.] Law enforcement officers who are 
 32.36  members of the investigation unit shall have statewide 
 33.1   jurisdiction to conduct criminal investigations into financial 
 33.2   crimes as described in subdivision 2 and possess the same powers 
 33.3   of arrest as those possessed by a sheriff. 
 33.4      Subd. 7.  [COLLABORATION WITH OTHER PROSECUTORS AND LAW 
 33.5   ENFORCEMENT OFFICERS.] To the greatest degree possible, the 
 33.6   investigation unit shall cooperate and collaborate with existing 
 33.7   prosecutorial offices and law enforcement agencies. 
 33.8      Subd. 8.  [PROSECUTOR.] A participating prosecutor shall 
 33.9   remain an employee of the contributing county. 
 33.10     Subd. 9.  [MONITOR.] The commissioner of public safety 
 33.11  shall select a representative from the office of drug policy and 
 33.12  violence prevention to monitor the activities of the 
 33.13  investigation unit. 
 33.14     Subd. 10.  [FORFEITURE.] Property seized by the 
 33.15  investigation unit is subject to forfeiture pursuant to sections 
 33.16  609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be 
 33.17  established.  The investigation unit shall receive the proceeds 
 33.18  from the sale of all property that it properly seizes and that 
 33.19  is forfeited. 
 33.20     Subd. 11.  [REQUIRED REPORTS.] (a) Beginning June 30, 2002, 
 33.21  the commander of the investigation unit shall report annually to 
 33.22  the monitor from the office of drug policy and violence 
 33.23  prevention on the activities of the investigation unit. 
 33.24     (b) Beginning October 1, 2002, the monitor from the office 
 33.25  of drug policy and violence prevention shall report annually to 
 33.26  the commissioner of public safety on the activities of the 
 33.27  investigation unit. 
 33.28     (c) By March 1, 2003, the monitor and commander, in 
 33.29  collaboration with the commissioner of public safety, shall 
 33.30  report to the chairs and ranking minority members of the house 
 33.31  of representatives and senate committees and divisions having 
 33.32  jurisdiction over criminal justice policy and funding on the 
 33.33  activities of the investigation unit. 
 33.34     Subd. 12.  [EXPIRATION.] This investigation unit 
 33.35  legislation expires on June 30, 2003. 
 33.36     Sec. 9.  [299A.76] [AUTOMATED VICTIM NOTIFICATION SYSTEM.] 
 34.1      The center for crime victim services shall oversee the 
 34.2   design and implementation of a statewide automated victim 
 34.3   notification system serving state and local correctional 
 34.4   facilities and courts.  
 34.5      Sec. 10.  Minnesota Statutes 2000, section 299C.10, 
 34.6   subdivision 1, is amended to read: 
 34.7      Subdivision 1.  [LAW ENFORCEMENT DUTY REQUIRED 
 34.8   FINGERPRINTING.] (a) It is hereby made the duty of the Sheriffs 
 34.9   of the respective counties, of the police, peace officers in 
 34.10  cities of the first, second, and third classes, under the 
 34.11  direction of the chiefs of police in such cities, and of 
 34.12  community corrections agencies operating secure juvenile 
 34.13  detention facilities to shall take or cause to be taken 
 34.14  immediately finger and thumb prints, photographs, distinctive 
 34.15  physical mark identification data, information on any known 
 34.16  aliases or street names, and other identification data requested 
 34.17  or required by the superintendent of the bureau, of the 
 34.18  following: 
 34.19     (1) persons arrested for, appearing in court on a charge 
 34.20  of, or convicted of a felony or, gross misdemeanor, or targeted 
 34.21  misdemeanor; 
 34.22     (2) juveniles arrested for, appearing in court on a charge 
 34.23  of, adjudicated delinquent for, or alleged to have committed 
 34.24  felonies or gross misdemeanors as distinguished from those 
 34.25  committed by adult offenders; 
 34.26     (3) persons reasonably believed by the arresting officer to 
 34.27  be fugitives from justice; 
 34.28     (4) persons in whose possession, when arrested, are found 
 34.29  concealed firearms or other dangerous weapons, burglar tools or 
 34.30  outfits, high-power explosives, or articles, machines, or 
 34.31  appliances usable for an unlawful purpose and reasonably 
 34.32  believed by the arresting officer to be intended for such 
 34.33  purposes; and 
 34.34     (5)  juveniles referred by a law enforcement agency to a 
 34.35  diversion program for a felony or gross misdemeanor offense. 
 34.36  Unless the superintendent of the bureau requires a shorter 
 35.1   period, within 24 hours the fingerprint records and other 
 35.2   identification data specified under this paragraph must be 
 35.3   forwarded to the bureau of criminal apprehension on such forms 
 35.4   and in such manner as may be prescribed by the superintendent of 
 35.5   the bureau of criminal apprehension. 
 35.6      (b) Effective August 1, 1997, the identification reporting 
 35.7   requirements shall also apply to persons arrested for or alleged 
 35.8   to have committed targeted misdemeanor offenses and juveniles 
 35.9   arrested for or alleged to have committed gross misdemeanors.  
 35.10  In addition, the reporting requirements shall include any known 
 35.11  aliases or street names of the offenders Prosecutors, courts, 
 35.12  and probation officers shall attempt to ensure that the required 
 35.13  identification data is taken on a person described in paragraph 
 35.14  (a). 
 35.15     (c) For purposes of this section, a targeted misdemeanor is 
 35.16  a misdemeanor violation of section 169A.20 (driving while 
 35.17  impaired), 518B.01 (order for protection violation), 609.224 
 35.18  (fifth degree assault), 609.2242 (domestic assault), 609.746 
 35.19  (interference with privacy), 609.748 (harassment or restraining 
 35.20  order violation), or 617.23 (indecent exposure). 
 35.21     Sec. 11.  Minnesota Statutes 2000, section 299C.11, is 
 35.22  amended to read: 
 35.23     299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
 35.24     (a) The Each sheriff of each county and the chief of police 
 35.25  of each city of the first, second, and third classes shall 
 35.26  furnish the bureau, upon such form as the superintendent shall 
 35.27  prescribe, with such finger and thumb prints, photographs, 
 35.28  distinctive physical mark identification data, information on 
 35.29  known aliases and street names, and other identification data as 
 35.30  may be requested or required by the superintendent of the 
 35.31  bureau, which may must be taken under the provisions of section 
 35.32  299C.10, of persons who shall be convicted of a felony, gross 
 35.33  misdemeanor, or who shall be.  In addition, sheriffs and chiefs 
 35.34  of police shall furnish this identification data to the bureau 
 35.35  for individuals found to have been convicted of a felony or, 
 35.36  gross misdemeanor, or targeted misdemeanor, within the ten years 
 36.1   next immediately preceding their arrest.  
 36.2      (b) No petition under chapter 609A is required if the 
 36.3   person has not been convicted of any felony or gross 
 36.4   misdemeanor, either within or without the state, within the 
 36.5   period of ten years immediately preceding the determination of 
 36.6   all pending criminal actions or proceedings in favor of the 
 36.7   arrested person, and either of the following occurred: 
 36.8      (1) all charges were dismissed prior to a determination of 
 36.9   probable cause; or 
 36.10     (2) the prosecuting authority declined to file any charges 
 36.11  and a grand jury did not return an indictment. 
 36.12  Where these conditions are met, the bureau or agency shall, upon 
 36.13  demand, return to the arrested person finger and thumb prints, 
 36.14  photographs, distinctive physical mark identification data, 
 36.15  information on known aliases and street names, and other 
 36.16  identification data, and all copies and duplicates of them. 
 36.17     (c) Except as otherwise provided in paragraph (b), upon the 
 36.18  determination of all pending criminal actions or proceedings in 
 36.19  favor of the arrested person, and the granting of the petition 
 36.20  of the arrested person under chapter 609A, the bureau shall seal 
 36.21  finger and thumb prints, photographs, distinctive physical mark 
 36.22  identification data, information on known aliases and street 
 36.23  names, and other identification data, and all copies and 
 36.24  duplicates of them if the arrested person has not been convicted 
 36.25  of any felony or gross misdemeanor, either within or without the 
 36.26  state, within the period of ten years immediately preceding such 
 36.27  determination. 
 36.28     (d) DNA samples and DNA records of the arrested person 
 36.29  shall not be returned, sealed, or destroyed as to a charge 
 36.30  supported by probable cause.  
 36.31     (e) For purposes of this section,: 
 36.32     (1) "determination of all pending criminal actions or 
 36.33  proceedings in favor of the arrested person" does not include: 
 36.34     (1) (i) the sealing of a criminal record pursuant to 
 36.35  section 152.18, subdivision 1, 242.31, or chapter 609A; 
 36.36     (2) (ii) the arrested person's successful completion of a 
 37.1   diversion program; 
 37.2      (3) (iii) an order of discharge under section 609.165; or 
 37.3      (4) (iv) a pardon granted under section 638.02; and 
 37.4      (2) "targeted misdemeanor" has the meaning given in section 
 37.5   299C.10, subdivision 1. 
 37.6      Sec. 12.  [299C.111] [SUSPENSE FILE REPORTING.] 
 37.7      (a) By June 1 and December 1 of each year, the 
 37.8   superintendent shall provide an entity or individual having 
 37.9   responsibility regarding identification data under section 
 37.10  299C.10 and the criminal and juvenile justice information policy 
 37.11  group with summary data on the number of disposition records 
 37.12  pertaining to the entity or individual that have not been linked 
 37.13  to an arrest record. 
 37.14     (b) The superintendent shall immediately notify the 
 37.15  appropriate entity or individual when a disposition record is 
 37.16  received that cannot be linked to an arrest record. 
 37.17     (c) By June 1 and December 1 of each year, the 
 37.18  superintendent shall provide the criminal and juvenile justice 
 37.19  information policy group with the number of identification 
 37.20  records not entered on the automated fingerprint identification 
 37.21  system and the criminal history files. 
 37.22     Sec. 13.  Minnesota Statutes 2000, section 299C.147, 
 37.23  subdivision 2, is amended to read: 
 37.24     Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
 37.25  maintain a computerized data system for the purpose of assisting 
 37.26  criminal justice agencies in monitoring and enforcing the 
 37.27  conditions of conditional release imposed on criminal offenders 
 37.28  by a sentencing court or the commissioner of corrections.  The 
 37.29  data in the system are private data as defined in section 13.02, 
 37.30  subdivision 12, but are accessible to criminal justice agencies 
 37.31  as defined in section 13.02, subdivision 3a, to public defenders 
 37.32  as provided in section 611.272, to the district court, and to 
 37.33  criminal justice agencies in other states in the conduct of 
 37.34  their official duties.  
 37.35     Sec. 14.  [609.118] [FINGERPRINTING REQUIRED.] 
 37.36     (a) When a person is convicted of a felony, gross 
 38.1   misdemeanor, or targeted misdemeanor, as defined in section 
 38.2   299C.10, subdivision 1, or is adjudicated delinquent for a 
 38.3   felony or gross misdemeanor, the court shall order the offender 
 38.4   to immediately report to the law enforcement agency responsible 
 38.5   for the charge resulting in conviction or adjudication for the 
 38.6   collection of fingerprint and other identification data required 
 38.7   under section 299C.10, regardless of the sentence imposed or 
 38.8   executed. 
 38.9      (b) Paragraph (a) does not apply if the person is remanded 
 38.10  to the custody of a law enforcement agency or if the 
 38.11  identification data was collected prior to the conviction or 
 38.12  adjudication for the offense. 
 38.13     (c) A person who fails to obey a court order under 
 38.14  paragraph (a) is subject to probation revocation, contempt of 
 38.15  court, or any other appropriate remedy. 
 38.16     (d) This section does not limit or restrict any other 
 38.17  statutory requirements or more stringent local policies 
 38.18  regarding the collection of identification data. 
 38.19     Sec. 15.  Minnesota Statutes 2000, section 611A.25, 
 38.20  subdivision 3, is amended to read: 
 38.21     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
 38.22  governs the filling of vacancies and removal of members of the 
 38.23  sexual assault advisory council.  The terms of the members of 
 38.24  the advisory council shall be two years.  No member may serve on 
 38.25  the advisory council for more than two consecutive terms.  The 
 38.26  council expires on June 30, 2001 2003.  Council members shall 
 38.27  receive expense reimbursement as specified in section 15.059.  
 38.28     Sec. 16.  Minnesota Statutes 2000, section 611A.361, 
 38.29  subdivision 3, is amended to read: 
 38.30     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
 38.31  governs the filling of vacancies and removal of members of the 
 38.32  general crime victims advisory council.  The terms of the 
 38.33  members of the advisory council shall be two years.  No member 
 38.34  may serve on the advisory council for more than two consecutive 
 38.35  terms.  The council expires on June 30, 2001 2003.  Council 
 38.36  members shall receive expense reimbursement as specified in 
 39.1   section 15.059. 
 39.2      Sec. 17.  [AUTOMATED VICTIM NOTIFICATION SYSTEM PLAN AND 
 39.3   REPORT.] 
 39.4      The commissioner of public safety, in consultation with the 
 39.5   state court administrator and local law enforcement and 
 39.6   correctional agencies, shall develop an equitable ongoing 
 39.7   funding plan to cover the automated victim notification system's 
 39.8   operating costs.  The plan must take into account the ability of 
 39.9   each entity to pay these costs.  By January 15, 2003, the 
 39.10  commissioner shall report on the plan to the chairs of the 
 39.11  senate and house of representatives committees or divisions 
 39.12  having jurisdiction over criminal justice policy and funding. 
 39.13     Sec. 18.  [PILOT PROJECT GRANT PROGRAM TO PROVIDE SERVICES 
 39.14  TO CRIME VICTIMS AND WITNESSES.] 
 39.15     Subdivision 1.  [PROGRAM DESCRIBED.] The commissioner of 
 39.16  public safety, in consultation with the executive director of 
 39.17  the center for crime victim services, shall administer a pilot 
 39.18  project grant program and make grants to nonprofit organizations 
 39.19  to provide neighborhood-based services to victims and witnesses 
 39.20  of crime during the period between the occurrence of the crime 
 39.21  and the filing of charges against the alleged perpetrator.  
 39.22  Grant recipients must target victims and witnesses of crime from 
 39.23  groups that currently underreport crime, including recent 
 39.24  immigrants or refugees, communities of color, and victims of 
 39.25  bias-motivated crime.  Services must be provided in locations 
 39.26  and at times typically convenient to prospective clients.  The 
 39.27  types of services that may be offered by grant recipients are 
 39.28  those that attempt to address the lack of trust and 
 39.29  understanding that prospective clients have of the criminal 
 39.30  justice system and include legal advice and advocacy services.  
 39.31  The executive director shall ensure that grants under this 
 39.32  section fund pilot projects offering the described services in a 
 39.33  minimum of five locations, at least three of which must be ones 
 39.34  where these types of services are not currently offered.  
 39.35     Subd. 2.  [REQUIRED REPORT.] By January 15, 2004, the 
 39.36  executive director shall report to the chairs and ranking 
 40.1   minority members of the senate and house of representatives 
 40.2   committees and divisions having jurisdiction over criminal 
 40.3   justice funding on the grants made and pilot projects funded 
 40.4   under this section. 
 40.5      Sec. 19.  [DATA COLLECTION; REPORT.] 
 40.6      (a) By January 15 of each year, each chief of police and 
 40.7   sheriff shall report to the superintendent of the bureau of 
 40.8   criminal apprehension the following summary data related to 
 40.9   applications for permits to carry pistols under Minnesota 
 40.10  Statutes, section 624.714, for the preceding calendar year: 
 40.11     (1) the number of applications received; 
 40.12     (2) the number of permits granted; 
 40.13     (3) the reasons given by the applicants for seeking the 
 40.14  permits; 
 40.15     (4) for applications that were denied, the specific reason 
 40.16  for the denial; 
 40.17     (5) the number of permits issued by the chief or sheriff 
 40.18  that are valid as of December 31 of the preceding year; and 
 40.19     (6) the number of convictions and types of crimes committed 
 40.20  since the previous report, and in total, by individuals with 
 40.21  permits to carry, including data as to whether a firearm 
 40.22  lawfully carried solely by virtue of a permit to carry was 
 40.23  actually used in furtherance of the crime. 
 40.24  The specific reason for the denial required in clause (4) 
 40.25  includes, but is not limited to, the applicant being prohibited 
 40.26  from possessing a firearm under Minnesota Statutes, section 
 40.27  624.713, the applicant not providing a firearms safety 
 40.28  certificate, and the applicant not having an occupation or 
 40.29  personal safety hazard requiring a permit to carry.  If the 
 40.30  applicant was denied the permit based on being prohibited under 
 40.31  Minnesota Statutes, section 624.713, the specific prohibition 
 40.32  must be cited.  If the denial is based on a criminal conviction, 
 40.33  the specific crime of conviction must be cited. 
 40.34     (b) By February 15 of each year, the superintendent shall 
 40.35  report a summary of the data collected under paragraph (a) to 
 40.36  the chairs and ranking minority members of the senate and house 
 41.1   committees having jurisdiction over criminal justice policy. 
 41.2      Sec. 20.  [SUNSET.] 
 41.3      The changes made in section 6, paragraph (a), expire when 
 41.4   the bureau of criminal apprehension has collected $747,000 from 
 41.5   the fee authorized in that paragraph.  The superintendent of the 
 41.6   bureau shall inform the public and the revisor of statutes when 
 41.7   this occurs.  The revisor shall amend Minnesota Statutes, 
 41.8   section 13.87, subdivision 3, accordingly in the next edition of 
 41.9   Minnesota Statutes published after the expiration. 
 41.10                             ARTICLE 3 
 41.11                    OTHER AGENCY APPROPRIATIONS 
 41.12  Section 1.  [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 
 41.13     The sums shown in the columns marked "APPROPRIATIONS" are 
 41.14  appropriated from the general fund, or another named fund, to 
 41.15  the agencies and for the purposes specified in this article, to 
 41.16  be available for the fiscal years indicated for each purpose.  
 41.17  The figures "2002" and "2003," where used in this article, mean 
 41.18  that the appropriations listed under them are available for the 
 41.19  year ending June 30, 2002, or June 30, 2003, respectively.  The 
 41.20  term "first year" means the fiscal year ending June 30, 2002, 
 41.21  and "second year" means the fiscal year ending June 30, 2003. 
 41.22                          SUMMARY BY FUND
 41.23                            2002          2003           TOTAL
 41.24  General              $ 71,529,000   $ 68,085,000   $139,614,000
 41.25  Petroleum Tank
 41.26  Cleanup                 1,064,000      1,084,000      2,146,000
 41.27  Workers' 
 41.28  Compensation           23,216,000     23,765,000     46,981,000
 41.29  Workforce
 41.30  Development Fund          793,000        808,000      1,601,000 
 41.31   TOTAL             $ 96,602,000   $ 93,742,000   $190,344,000
 41.32                                             APPROPRIATIONS 
 41.33                                         Available for the Year 
 41.34                                             Ending June 30 
 41.35                                            2002         2003 
 41.36  Sec. 2.  COMMERCE 
 41.37  Subdivision 1.  Total 
 41.38  Appropriation        26,897,000    27,557,000
 41.39                Summary by Fund
 42.1   General              25,234,000    25,858,000
 42.2   Petroleum Tank
 42.3   Cleanup               1,064,000     1,084,000 
 42.4   Workers'
 42.5   Compensation            599,000       615,000
 42.6   The amounts that may be spent from this 
 42.7   appropriation for each program are 
 42.8   specified in the following subdivisions.
 42.9   Subd. 2.  Financial Examinations 
 42.10       6,379,000      6,555,000
 42.11  Subd. 3.  Enforcement and Compliance 
 42.12       5,526,000      5,670,000
 42.13                Summary by Fund
 42.14  General               4,927,000     5,055,000
 42.15  Workers' 
 42.16  Compensation            599,000       615,000
 42.17  Of this amount, $138,000 the first year 
 42.18  and $161,000 the second year from the 
 42.19  general fund are for the cost of 
 42.20  implementing the Minnesota Money 
 42.21  Transmitters Act, if enacted.  This 
 42.22  appropriation is available only if S.F. 
 42.23  No. 1485 or similar legislation is 
 42.24  enacted. 
 42.25  Subd. 4.  Energy
 42.26       3,809,000      3,884,000
 42.27  $588,000 each year is for transfer to 
 42.28  the energy and conservation account 
 42.29  established in Minnesota Statutes, 
 42.30  section 216B.241, subdivision 2a, for 
 42.31  programs administered by the 
 42.32  commissioner of economic security to 
 42.33  improve the energy efficiency of 
 42.34  residential oil-fired heating plants in 
 42.35  low-income households and, when 
 42.36  necessary, to provide weatherization 
 42.37  services to the homes. 
 42.38  Subd. 5.  Petroleum Tank Release 
 42.39  Cleanup 
 42.40       1,064,000      1,084,000
 42.41  This appropriation is from the 
 42.42  petroleum tank release cleanup fund. 
 42.43  Subd. 6.  Administrative Services 
 42.44       5,852,000      6,003,000 
 42.45  Subd. 7.  Telecommunications
 42.46         986,000      1,008,000
 42.47  Subd. 8.  Weights and Measures
 42.48       3,281,000      3,353,000
 43.1   Sec. 3.  BOARD OF ACCOUNTANCY            683,000        721,000
 43.2   Sec. 4.  BOARD OF ARCHITECTURE,
 43.3   ENGINEERING, LAND SURVEYING, 
 43.4   LANDSCAPE ARCHITECTURE, AND 
 43.5   INTERIOR DESIGN                          951,000        981,000 
 43.7   Sec. 5.  BOARD OF BARBER   
 43.8   EXAMINERS                                153,000        159,000
 43.9   Sec. 6.  LABOR AND INDUSTRY 
 43.10  Subdivision 1.  Total             
 43.11  Appropriation                         25,408,000     26,001,000
 43.12                Summary by Fund
 43.13  General               3,567,000     3,661,000
 43.14  Workers'     
 43.15  Compensation         21,048,000    21,532,000
 43.16  Workforce 
 43.17  Development Fund        793,000       808,000
 43.18  The amounts that may be spent from this 
 43.19  appropriation for each program are 
 43.20  specified in the following subdivisions.
 43.21  Subd. 2.  Workers' Compensation
 43.22      10,912,000     11,178,000
 43.23  This appropriation is from the workers' 
 43.24  compensation fund. 
 43.25  $125,000 the first year and $125,000 
 43.26  the second year are for grants to the 
 43.27  Vinland Center for rehabilitation 
 43.28  service. 
 43.29  Subd. 3.  Workplace Services 
 43.30       7,468,000      7,643,000
 43.31                Summary by Fund
 43.32  General               2,493,000     2,555,000
 43.33  Workers'
 43.34  Compensation          4,182,000     4,280,000
 43.35  Workforce 
 43.36  Development Fund        793,000       808,000 
 43.37  $204,000 the first year and $204,000 
 43.38  the second year are for labor education 
 43.39  and advancement program grants.  The 
 43.40  commissioner must report to the 
 43.41  legislature by February 15, 2003, on 
 43.42  the success of the program in placing 
 43.43  and retaining participants.  This 
 43.44  appropriation is from the workforce 
 43.45  development fund. 
 43.46  Subd. 4.  General Support 
 43.47       7,028,000      7,180,000
 43.48                Summary by Fund
 44.1   General               1,074,000     1,106,000
 44.2   Workers'     
 44.3   Compensation          5,954,000     6,074,000
 44.4   Sec. 7.  BUREAU OF MEDIATION SERVICES 
 44.5   Subdivision 1.  Total
 44.6   Appropriation                          2,259,000      2,307,000
 44.7   The amounts that may be spent from this 
 44.8   appropriation for each program are 
 44.9   specified in the following subdivisions.
 44.10  Subd. 2.  Mediation Services 
 44.11       1,957,000      2,005,000
 44.12  Subd. 3.  Labor Management Cooperation Grants
 44.13         302,000        302,000
 44.14  $302,000 each year is for grants to 
 44.15  area labor-management committees.  Any 
 44.16  unencumbered balance remaining at the 
 44.17  end of the first year does not cancel 
 44.18  but is available for the second year. 
 44.19  Sec. 8.  PUBLIC UTILITIES  
 44.20  COMMISSION                             3,994,000      4,163,000
 44.21  Sec. 9.  MINNESOTA HISTORICAL 
 44.22  SOCIETY 
 44.23  Subdivision 1.  Total       
 44.24  Appropriation                         27,229,000     27,959,000
 44.25  The amounts that may be spent from this 
 44.26  appropriation for each program are 
 44.27  specified in the following subdivisions.
 44.28  Subd. 2.  Education and     
 44.29  Outreach                              15,135,000     15,762,000
 44.30  $200,000 the first year and $300,000 
 44.31  the second year are for operating 
 44.32  expenses at the Northwest Fur Company 
 44.33  Post. 
 44.34  $300,000 the first year and $500,000 
 44.35  the second year are for operating 
 44.36  expenses at the Mill City Museum, St. 
 44.37  Anthony Falls. 
 44.38  Subd. 3.  Preservation and Access
 44.39      11,568,000     11,819,000
 44.40  Subd. 4.  Fiscal Agent
 44.41  General                   526,000        378,000
 44.42  (a) Sibley House Association 
 44.43          88,000         88,000
 44.44  This appropriation is available for 
 44.45  operation and maintenance of the Sibley 
 44.46  House and related buildings on the Old 
 44.47  Mendota state historic site operated by 
 44.48  the Sibley House Association.  
 45.1   (b) Minnesota International Center 
 45.2           50,000         50,000
 45.3   (c) Minnesota Air National   
 45.4   Guard Museum 
 45.5           19,000        -0-
 45.6   (d) Institute for Learning and
 45.7   Teaching - Project 120
 45.8          110,000        110,000 
 45.9   (e) Minnesota Military Museum
 45.10          59,000         30,000
 45.11  (f) Farmamerica
 45.12         100,000        100,000 
 45.13  Notwithstanding any other law, this 
 45.14  appropriation may be used for 
 45.15  operations. 
 45.16  (g) Little Elk Heritage Preserve
 45.17          100,000           -0-
 45.18  This appropriation is to assist the 
 45.19  Institute for Minnesota Archaeology in 
 45.20  site research and preservation, 
 45.21  economic and infrastructure 
 45.22  development, public outreach, and 
 45.23  education programming.  The 
 45.24  appropriated funds may be matched by 
 45.25  nonstate sources. 
 45.26  (h) Balances Forward
 45.27  Any unencumbered balance remaining in 
 45.28  this subdivision the first year does 
 45.29  not cancel but is available for the 
 45.30  second year of the biennium. 
 45.31  Sec. 10.  COUNCIL ON BLACK
 45.32  MINNESOTANS                              339,000        349,000
 45.33  $25,000 each year is for expenses 
 45.34  associated with the Dr. Martin Luther 
 45.35  King day activities. 
 45.36  Sec. 11.  COUNCIL ON 
 45.37  CHICANO-LATINO AFFAIRS                   334,000        344,000
 45.38  Sec. 12.  COUNCIL ON
 45.39  ASIAN-PACIFIC MINNESOTANS                295,000        304,000
 45.40  Sec. 13.  INDIAN AFFAIRS
 45.41  COUNCIL                                  584,000        602,000
 45.42  Sec. 14.  WORKERS' COMPENSATION
 45.43  COURT OF APPEALS                       1,569,000      1,618,000
 45.44  This appropriation is from the workers' 
 45.45  compensation fund. 
 45.46  Sec. 15.  AMATEUR SPORTS
 45.47  COMMISSION                             5,907,000        677,000
 46.1   Of this appropriation, $2,750,000 the 
 46.2   first year is for matching grants for 
 46.3   soccer field development under 
 46.4   Minnesota Statutes, section 240A.13.  
 46.5   Of this appropriation, $2,500,000 the 
 46.6   first year is for matching grants for 
 46.7   ice arena development under Minnesota 
 46.8   Statutes, section 240A.13.  
 46.9      Sec. 16.  Minnesota Statutes 2000, section 184.29, is 
 46.10  amended to read: 
 46.11     184.29 [FEES.] 
 46.12     Before a license is granted to an applicant, the applicant 
 46.13  shall pay the following fee: 
 46.14     (a) An employment agent shall pay an annual license fee of 
 46.15  $250 for each license.  
 46.16     (b) A search firm exempt under section 184.22, subdivision 
 46.17  2, shall pay an annual registration fee of $250, accompanying 
 46.18  the annual statement to the commissioner.  
 46.19     (c) An applicant for a counselor's license shall pay a 
 46.20  license fee of $20 and a renewal fee of $10.  
 46.21     (d) (c) An applicant for an employment agency manager's 
 46.22  license shall pay a license fee of $20 and a renewal fee of $10. 
 46.23     Sec. 17.  Minnesota Statutes 2000, section 184.30, 
 46.24  subdivision 1, is amended to read: 
 46.25     Subdivision 1.  Every application for an employment 
 46.26  agency's license, and every annual report required to be filed 
 46.27  under section 184.22, subdivision 2, must be accompanied by a 
 46.28  surety bond approved by the department in the amount of $10,000 
 46.29  for each location; except, that for a search firm, the bond is 
 46.30  required only for the first five years of registration.  For a 
 46.31  search firm that was previously licensed as an employment 
 46.32  agency, the bond is required only until the firm has met the 
 46.33  bond requirement as an agency or as a search firm for a total of 
 46.34  at least five years.  The bond must be filed in the office of 
 46.35  the secretary of state and conditioned that the employment 
 46.36  agency and each member, shareholder, director, or officer of a 
 46.37  firm, partnership, corporation, or association operating as an 
 46.38  employment agency will comply with the provisions of sections 
 46.39  184.21 to 184.40 and any contract made by the employment agent 
 47.1   in the conduct of the business.  A person damaged by a breach of 
 47.2   any condition of the bond may bring an action on the bond, and 
 47.3   successive actions may be maintained on it. 
 47.4      Sec. 18.  Minnesota Statutes 2000, section 184.38, 
 47.5   subdivision 6, is amended to read: 
 47.6      Subd. 6.  (a) No employment agent or search firm shall send 
 47.7   out any applicant for employment without having obtained a job 
 47.8   order, and if no employment of the kind applied for existed at 
 47.9   the place to which the applicant was directed, the employment 
 47.10  agent or search firm shall refund to the applicant, within 48 
 47.11  hours of demand, any sums paid by the applicant for 
 47.12  transportation in going to and returning from the place. 
 47.13     (b) Nothing in this chapter shall be construed to prevent 
 47.14  an employment agent or search firm from directing an applicant 
 47.15  to an employer where the employer has previously requested 
 47.16  interviews with applicants of certain types and qualifications, 
 47.17  even though no actual vacancy existed in the employer's 
 47.18  organization at the time the applicant was so directed; nor 
 47.19  shall it prevent the employment agent or search firm from 
 47.20  attempting to sell the services of an applicant to the employer 
 47.21  even though no order has been placed with the employment agent 
 47.22  or search firm; provided, that prior to scheduling an interview 
 47.23  with an employer, when no opening currently exists with that 
 47.24  employer, the applicant is clearly informed that no opening 
 47.25  exists at that time. 
 47.26     Sec. 19.  Minnesota Statutes 2000, section 184.38, 
 47.27  subdivision 8, is amended to read: 
 47.28     Subd. 8.  No employment agent or search firm shall 
 47.29  knowingly cause to be printed or published a false or fraudulent 
 47.30  notice or advertisement for help or for obtaining work or 
 47.31  employment.  For purposes of this subdivision the phrase "false 
 47.32  or fraudulent notice or advertisement" shall include the 
 47.33  following: 
 47.34     (a) The advertisement of any job for which there is no bona 
 47.35  fide oral or written job order and completed job order form in 
 47.36  existence at the time the advertisement is placed; 
 48.1      (b) The inclusion in any advertisement of any information 
 48.2   concerning the identity, availability, features, or requirements 
 48.3   of any advertised job when such information is not substantiated 
 48.4   by, and included in, the supporting job order form; 
 48.5      (c) The advertisement of any job opening of the type 
 48.6   described in subdivision 6, clause (b); 
 48.7      (d) The advertisement of any job without the inclusion in 
 48.8   the advertisement of the "job order number" required in 
 48.9   subdivision 18; 
 48.10     (e) If an applicant appears at any agency or search firm in 
 48.11  response to the advertisement of a particular job, the failure 
 48.12  to attempt placement of the applicant in the advertised job; 
 48.13  provided however, that the agency or search firm may refuse to 
 48.14  attempt such placement if the reason(s) for the refusal are 
 48.15  clearly and truthfully disclosed to the applicant either orally 
 48.16  or in writing. 
 48.17     Sec. 20.  Minnesota Statutes 2000, section 184.38, 
 48.18  subdivision 9, is amended to read: 
 48.19     Subd. 9.  No employment agent or search firm shall place or 
 48.20  assist in placing any person in unlawful employment. 
 48.21     Sec. 21.  Minnesota Statutes 2000, section 184.38, 
 48.22  subdivision 10, is amended to read: 
 48.23     Subd. 10.  No employment agent or search firm shall fail to 
 48.24  state in any advertisement, proposal, or contract for 
 48.25  employment, that there is a strike or lockout at the place of 
 48.26  proposed employment, if the agent or firm has knowledge that 
 48.27  such condition exists. 
 48.28     Sec. 22.  Minnesota Statutes 2000, section 184.38, 
 48.29  subdivision 11, is amended to read: 
 48.30     Subd. 11.  No employment agency or its employee may split, 
 48.31  divide, or share, directly or indirectly, any fee, charge, or 
 48.32  compensation received from any employer or applicant with any 
 48.33  employer, or person in any way connected with the employer's 
 48.34  business.  No search firm or its employee may split, divide, or 
 48.35  share, directly or indirectly, any fee, charge, or compensation 
 48.36  received from any employer with any person connected in any way 
 49.1   with the employer's business.  A violation of this subdivision 
 49.2   shall be punished by a fine of not less than $100, and not more 
 49.3   than $3,000, or on failure to pay the fine by imprisonment for a 
 49.4   period not to exceed one year, or both, at the discretion of the 
 49.5   court. 
 49.6      Sec. 23.  Minnesota Statutes 2000, section 184.38, 
 49.7   subdivision 17, is amended to read: 
 49.8      Subd. 17.  Except for applicant information given in the 
 49.9   course of normal agency or firm operations, no employment agent 
 49.10  or search firm shall voluntarily sell, give, or otherwise 
 49.11  transfer any files, records, or other information relating to 
 49.12  its employment agency or search firm applicants and employers to 
 49.13  any person other than a licensed employment agent or registered 
 49.14  search firm or a person who agrees to obtain an employment 
 49.15  agency license or register as a search firm.  Every employment 
 49.16  agent or search firm who ceases to engage in the business of or 
 49.17  act as an employment agent or search firm shall notify the 
 49.18  department of such fact within 30 days thereof, and shall advise 
 49.19  the department as to the disposition of all files and other 
 49.20  records relating to its employment agency or search firm 
 49.21  business. 
 49.22     Sec. 24.  Minnesota Statutes 2000, section 184.38, 
 49.23  subdivision 18, is amended to read: 
 49.24     Subd. 18.  Every job order communicated to an agency or 
 49.25  search firm shall be recorded by the agency or search firm on a 
 49.26  job order form which form shall contain specific information as 
 49.27  prescribed by the department.  A job order form shall be filled 
 49.28  out for each job order prior to any attempt to advertise the job 
 49.29  opening or to place persons in said job.  Such forms shall each 
 49.30  be assigned a separate number and shall be maintained by the 
 49.31  agency or search firm for a period of one year. 
 49.32     Sec. 25.  Minnesota Statutes 2000, section 184.38, 
 49.33  subdivision 20, is amended to read: 
 49.34     Subd. 20.  No employment agent or search firm shall 
 49.35  knowingly misrepresent to any employer the educational 
 49.36  background, skills, or qualifications of any job candidate; or 
 50.1   knowingly misrepresent to a job candidate the responsibilities, 
 50.2   salary, or other features of any position of employment.  
 50.3      Sec. 26.  Minnesota Statutes 2000, section 184.41, is 
 50.4   amended to read: 
 50.5      184.41 [VIOLATIONS.] 
 50.6      Any person who engages in the business of or acts as an 
 50.7   employment agent or counselor without first procuring a license 
 50.8   as required by section 184.22, and any employment agent, 
 50.9   manager, or counselor who violates the provisions of this 
 50.10  chapter, and any exempt firm which violates any of the 
 50.11  applicable provisions of this chapter, is guilty of a 
 50.12  misdemeanor.  
 50.13     In addition to the penalties for commission of a 
 50.14  misdemeanor, the department may bring an action for an 
 50.15  injunction against any person who engages in the business of or 
 50.16  acts as an employment agent or counselor without first procuring 
 50.17  the license required under section 184.22, or who engages in the 
 50.18  business of or acts as a search firm without first filing the 
 50.19  registration required under section 184.22, subdivision 3, and 
 50.20  against any employment agent, manager, or counselor, or search 
 50.21  firm who violates the applicable provisions of this chapter.  If 
 50.22  an agency, manager, or counselor, or search firm is found guilty 
 50.23  of a misdemeanor in any action relevant to the operation of an 
 50.24  agency, or search firm the department may suspend or revoke the 
 50.25  license or registration of the agency, manager, or counselor, or 
 50.26  search firm. 
 50.27     Sec. 27.  Minnesota Statutes 2000, section 216C.41, is 
 50.28  amended to read: 
 50.29     216C.41 [RENEWABLE ENERGY PRODUCTION INCENTIVE.] 
 50.30     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 50.31  subdivision apply to this section. 
 50.32     (b) "Qualified hydroelectric facility" means a 
 50.33  hydroelectric generating facility in this state that: 
 50.34     (1) is located at the site of a dam, if the dam was in 
 50.35  existence as of March 31, 1994; and 
 50.36     (2) begins generating electricity after July 1, 1994. 
 51.1      (c) "Qualified wind energy conversion facility" means a 
 51.2   wind energy conversion system that: 
 51.3      (1) produces two megawatts or less of electricity as 
 51.4   measured by nameplate rating and begins generating electricity 
 51.5   after June 30, 1997 December 31, 1996, and before July 1, 1999; 
 51.6      (2) begins generating electricity after June 30, 1999, 
 51.7   produces two megawatts or less of electricity as measured by 
 51.8   nameplate rating, and is: 
 51.9      (i) located within one county and owned by a natural person 
 51.10  who owns the land where the facility is sited; 
 51.11     (ii) owned by a Minnesota small business as defined in 
 51.12  section 645.445; 
 51.13     (iii) owned by a nonprofit organization; or 
 51.14     (iv) owned by a tribal council if the facility is located 
 51.15  within the boundaries of the reservation; or 
 51.16     (3) begins generating electricity after June 30, 1999, 
 51.17  produces seven megawatts or less of electricity as measured by 
 51.18  nameplate rating, and: 
 51.19     (i) is owned by a cooperative organized under chapter 308A; 
 51.20  and 
 51.21     (ii) all shares and membership in the cooperative are held 
 51.22  by natural persons or estates, at least 51 percent of whom 
 51.23  reside in a county or contiguous to a county where the wind 
 51.24  energy production facilities of the cooperative are located. 
 51.25     (d) "Qualified on-farm biogas recovery facility" means an 
 51.26  anaerobic digester system that: 
 51.27     (1) is located at the site of an agricultural operation; 
 51.28     (2) is owned by a natural person who, or an entity that, is 
 51.29  qualified to own or operate a farm under section 500.24, that 
 51.30  owns or rents the land where the facility is located; and 
 51.31     (3) begins generating electricity after July 1, 2001.  
 51.32     (e) "Anaerobic digester system" means a system of 
 51.33  components that processes animal waste based on the absence of 
 51.34  oxygen and produces gas used to generate electricity. 
 51.35     Subd. 2.  [INCENTIVE PAYMENT; APPROPRIATION.] (a) Incentive 
 51.36  payments shall must be made according to this section to (1) the 
 52.1   owner of a qualified on-farm biogas recovery facility, (2) the 
 52.2   owner or operator of a qualified hydropower facility or 
 52.3   qualified wind energy conversion facility for electric energy 
 52.4   generated and sold by the facility, or, for (3) a publicly owned 
 52.5   hydropower facility, for electric energy that is generated by 
 52.6   the facility and used by the owner of the facility outside the 
 52.7   facility.  
 52.8      (b) Payment may only be made upon receipt by the 
 52.9   commissioner of finance of an incentive payment application that 
 52.10  establishes that the applicant is eligible to receive an 
 52.11  incentive payment and that satisfies other requirements the 
 52.12  commissioner deems necessary.  The application shall must be in 
 52.13  a form and submitted at a time the commissioner establishes.  
 52.14     (c) There is annually appropriated from the general fund 
 52.15  sums sufficient to make the payments required under this section.
 52.16     Subd. 3.  [ELIGIBILITY WINDOW.] Payments may be made under 
 52.17  this section only for electricity generated: 
 52.18     (1) from a qualified hydroelectric facility that is 
 52.19  operational and generating electricity before December 31, 2001; 
 52.20  or 
 52.21     (2) from a qualified wind energy conversion facility that 
 52.22  is operational and generating electricity before January 1, 
 52.23  2005; or 
 52.24     (3) from a qualified on-farm biogas recovery facility from 
 52.25  July 1, 2001, through December 31, 2015. 
 52.26     Subd. 4.  [PAYMENT PERIOD.] A facility may receive payments 
 52.27  under this section for a ten-year period.  No payment under this 
 52.28  section may be made for electricity generated: 
 52.29     (1) by a qualified hydroelectric facility after December 
 52.30  31, 2010; or 
 52.31     (2) by a qualified wind energy conversion facility after 
 52.32  December 31, 2015; or 
 52.33     (3) by a qualified on-farm biogas recovery facility after 
 52.34  December 31, 2015.  
 52.35     The payment period begins and runs consecutively from the 
 52.36  first year in which electricity generated from the facility is 
 53.1   eligible for incentive payment. 
 53.2      Subd. 5.  [AMOUNT OF PAYMENT.] An incentive payment is 
 53.3   based on the number of kilowatt hours of electricity generated. 
 53.4   The amount of the payment is 1.5 cents per kilowatt hour.  For 
 53.5   electricity generated by qualified wind energy conversion 
 53.6   facilities, the incentive payment under this section is limited 
 53.7   to no more than 100 megawatts of nameplate capacity.  During any 
 53.8   period in which qualifying claims for incentive payments exceed 
 53.9   100 megawatts of nameplate capacity, the payments must be made 
 53.10  to producers in the order in which the production capacity was 
 53.11  brought into production.  
 53.12     Sec. 28.  [240A.13] [MIGHTY DUCKS ICE ARENA AND SOCCER 
 53.13  FIELD DEVELOPMENT.] 
 53.14     Subdivision 1.  [GRANTS.] The commission may make matching 
 53.15  grants to political subdivisions of the state to develop new ice 
 53.16  arenas and soccer fields for amateur athletics.  In awarding 
 53.17  grants, the commission shall give priority to proposals from 
 53.18  multiple applicants.  To the extent possible, over time, the 
 53.19  commission shall disburse grants equally among the state's 
 53.20  congressional districts. 
 53.21     Subd. 2.  [MATCHING CRITERIA.] Each grant for ice arena or 
 53.22  soccer field development under this section must be matched by 
 53.23  recipient communities or institutions in accordance with this 
 53.24  subdivision.  A matching contribution may include an in-kind 
 53.25  contribution of land; access roadways and access roadway 
 53.26  improvements; and necessary utility services, landscaping, and 
 53.27  parking.  The first $20,000 of a grant must be matched equally 
 53.28  by the recipient.  The portion of a grant that is more than 
 53.29  $20,000 but not more than $75,000 must be matched by the 
 53.30  recipient at a rate double the amount of that portion of the 
 53.31  grant.  The portion of a grant that is more than $75,000 must be 
 53.32  matched by the recipient at a rate of three times the amount of 
 53.33  that portion of the grant. 
 53.34     Sec. 29.  [EQUAL PAY COMMISSION.] 
 53.35     (a) Within 90 days after the effective date of this 
 53.36  section, the commissioner of labor and industry shall appoint a 
 54.1   commission of 11 members, to be known as the "equal pay 
 54.2   commission."  Membership on the commission shall be as follows: 
 54.3      (1) two representatives of business in the state, who are 
 54.4   appointed from among individuals nominated by business 
 54.5   organizations and business trade associations; 
 54.6      (2) two representatives of labor organizations, who have 
 54.7   been nominated by state labor federations.  For purposes of this 
 54.8   clause, a state labor federation is an organization that:  (i) 
 54.9   is chartered by a federation of national or international 
 54.10  unions; (ii) admits to membership local unions; and (iii) exists 
 54.11  primarily to carry on educational, legislative, and coordinating 
 54.12  activities; 
 54.13     (3) two representatives of organizations whose objectives 
 54.14  include the elimination of pay disparities between men and women 
 54.15  or minorities and nonminorities, and who have undertaken 
 54.16  advocacy, educational, or legislative initiatives in pursuit of 
 54.17  that objective; 
 54.18     (4) three individuals drawn from higher education or 
 54.19  research institutions who have experience and expertise in the 
 54.20  collection and analysis of data concerning such pay disparities 
 54.21  and whose research has already been used in efforts to promote 
 54.22  the elimination of those disparities; and 
 54.23     (5) two members who are members of a racial or ethnic 
 54.24  minority, one of whom shall be an immigrant to this country who 
 54.25  immigrated to this country within three years prior to the 
 54.26  appointment. 
 54.27     (b) The commission shall make a full and complete study of: 
 54.28     (1) the extent of wage disparities, both in the public and 
 54.29  private sector, between men and women, and between minorities 
 54.30  and nonminorities; 
 54.31     (2) those factors that cause, or tend to cause, such 
 54.32  disparities, including segregation between women and men, and 
 54.33  between minorities and nonminorities across and within 
 54.34  occupations; payment of lower wages for work in female-dominated 
 54.35  occupations; child-rearing responsibilities; and education and 
 54.36  training; 
 55.1      (3) the consequences of such disparities on the economy and 
 55.2   families affected; and 
 55.3      (4) actions, including proposed legislation, that are 
 55.4   likely to lead to the elimination and prevention of such 
 55.5   disparities. 
 55.6      (c) The commission shall, no later than 12 months after its 
 55.7   members are appointed, make its report to the commissioner of 
 55.8   labor and industry, who shall transmit the report to the 
 55.9   governor. 
 55.10     (d) The commission's report shall include the results of 
 55.11  its study as well as recommendations, legislative and otherwise, 
 55.12  for the elimination and prevention of disparities in wages 
 55.13  between men and women, and between minorities and nonminorities. 
 55.14     (e) Compensation and removal of members shall be governed 
 55.15  by Minnesota Statutes, section 15.059. 
 55.16     Sec. 30.  [REPEALER.] 
 55.17     Minnesota Statutes 2000, sections 184.22, subdivisions 2, 
 55.18  3, 4, and 5; and 184.37, subdivision 2, are repealed. 
 55.19                             ARTICLE 4
 55.20                       TRANSPORTATION POLICY
 55.21     Section 1.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
 55.22     An amendment is proposed to the Minnesota Constitution, 
 55.23  article XIV.  If the amendment is adopted, article XIV will be 
 55.24  amended by adding a section to read: 
 55.25     Sec. 12.  Of the net proceeds from any tax imposed by the 
 55.26  state on the sale of new and used motor vehicles, not less than 
 55.27  32 percent must be deposited in the highway user tax 
 55.28  distribution fund exclusively for highway purposes, and not less 
 55.29  than 18 percent must be deposited in a fund for operating 
 55.30  assistance to public transit systems in the state. 
 55.31     Sec. 2.  [SUBMISSION TO VOTERS.] 
 55.32     The constitutional amendment proposed in section 1 must be 
 55.33  submitted to the people at the 2002 general election.  The 
 55.34  question submitted must be: 
 55.35     "Shall the Minnesota Constitution be amended to require 
 55.36  that at least 32 percent of the net proceeds from the state tax 
 56.1   on the sale of new and used motor vehicles must be deposited in 
 56.2   the highway user tax distribution fund exclusively for highway 
 56.3   purposes, and at least 18 percent be deposited in a fund for 
 56.4   operating assistance to public transit systems in the state? 
 56.5                                      Yes .......
 56.6                                      No ........"
 56.7      Sec. 3.  Minnesota Statutes 2000, section 16A.641, 
 56.8   subdivision 8, is amended to read: 
 56.9      Subd. 8.  [APPROPRIATION OF PROCEEDS.] (a) The proceeds of 
 56.10  bonds issued under each law are appropriated for the purposes 
 56.11  described in the law and in this subdivision.  This 
 56.12  appropriation may never be canceled.  
 56.13     (b) Before the proceeds are received in the proper special 
 56.14  fund, the commissioner may transfer to that fund from the 
 56.15  general fund amounts not exceeding the expected proceeds from 
 56.16  the next bond sale.  The commissioner shall return these amounts 
 56.17  to the general fund by transferring proceeds when received.  The 
 56.18  amounts of these transfers are appropriated from the general 
 56.19  fund and from the bond proceeds.  
 56.20     (c) Actual and necessary travel and subsistence expenses of 
 56.21  employees and all other nonsalary expenses incidental to the 
 56.22  sale, printing, execution, and delivery of bonds must be paid 
 56.23  from the proceeds.  The proceeds are appropriated for this 
 56.24  purpose.  Bond proceeds must not be used to pay any part of the 
 56.25  salary of a state employee involved in the sale, printing, 
 56.26  execution, or delivery of the bonds. 
 56.27     (d) Bond proceeds remaining in a special fund after the 
 56.28  purposes for which the bonds were issued are accomplished or 
 56.29  abandoned, as certified by the head of the agency administering 
 56.30  the special fund, or as determined by the commissioner, unless 
 56.31  devoted under the appropriation act to another purpose 
 56.32  designated in the act, shall be transferred to the state bond 
 56.33  fund. 
 56.34     (e) Before the proceeds of state highway bonds are received 
 56.35  in the trunk highway fund, the commissioner may either: 
 56.36     (1) transfer funds to the trunk highway fund from the 
 57.1   general fund; or 
 57.2      (2) authorize the use of funds in the trunk highway fund, 
 57.3   in an amount not exceeding the expected proceeds from the next 
 57.4   state highway bond sale. 
 57.5   These funds shall be used in accordance with the legislative 
 57.6   authorization to sell state highway bonds.  The commissioner 
 57.7   shall return these funds to the general fund or replace the 
 57.8   funds used from the trunk highway fund by transferring proceeds 
 57.9   when received.  The amounts of these transfers are appropriated 
 57.10  from the general fund and from the state highway bond proceeds. 
 57.11     Sec. 4.  Minnesota Statutes 2000, section 16C.05, 
 57.12  subdivision 2, is amended to read: 
 57.13     Subd. 2.  [CREATION AND VALIDITY OF CONTRACTS.] (a) A 
 57.14  contract is not valid and the state is not bound by it unless: 
 57.15     (1) it has first been executed by the head of the agency or 
 57.16  a delegate who is a party to the contract; 
 57.17     (2) it has been approved by the commissioner; 
 57.18     (3) it has been approved by the attorney general or a 
 57.19  delegate as to form and execution; 
 57.20     (4) the accounting system shows an obligation in an expense 
 57.21  budget or encumbrance for the amount of the contract liability; 
 57.22  and 
 57.23     (5) the combined contract and amendments shall not exceed 
 57.24  five years without specific, written approval by the 
 57.25  commissioner according to established policy, procedures, and 
 57.26  standards, or unless otherwise provided for by law.  The term of 
 57.27  the original contract must not exceed two years unless the 
 57.28  commissioner determines that a longer duration is in the best 
 57.29  interest of the state.  
 57.30     (b) Grants, interagency agreements, purchase orders, and 
 57.31  annual plans need not, in the discretion of the commissioner and 
 57.32  attorney general, require the signature of the commissioner 
 57.33  and/or the attorney general.  A signature is not required for 
 57.34  work orders and amendments to work orders related to department 
 57.35  of transportation contracts.  Bond purchase agreements by the 
 57.36  Minnesota public facilities authority do not require the 
 58.1   approval of the commissioner.  
 58.2      (c) A fully executed copy of every contract must be kept on 
 58.3   file at the contracting agency. 
 58.4      Sec. 5.  Minnesota Statutes 2000, section 16C.06, 
 58.5   subdivision 1, is amended to read: 
 58.6      Subdivision 1.  [PUBLICATION REQUIREMENTS.] Notices of 
 58.7   solicitations for acquisitions estimated to be more than 
 58.8   $25,000, or $100,000 in the case of a department of 
 58.9   transportation acquisition, must be publicized in a manner 
 58.10  designated by the commissioner. 
 58.11     Sec. 6.  Minnesota Statutes 2000, section 16C.06, 
 58.12  subdivision 2, is amended to read: 
 58.13     Subd. 2.  [SOLICITATION PROCESS.] (a) A formal solicitation 
 58.14  must be used to acquire all goods, service contracts, and 
 58.15  utilities estimated at or more than $25,000, or in the case of a 
 58.16  department of transportation solicitation, at or more than 
 58.17  $100,000, unless otherwise provided for.  All formal responses 
 58.18  must be sealed when they are received and must be opened in 
 58.19  public at the hour stated in the solicitation.  Formal responses 
 58.20  must be authenticated by the responder in a manner specified by 
 58.21  the commissioner.  
 58.22     (b) An informal solicitation may be used to acquire all 
 58.23  goods, service contracts, and utilities that are estimated at 
 58.24  less than $25,000, or in the case of a department of 
 58.25  transportation solicitation, at or less than $100,000.  The 
 58.26  number of vendors required to receive solicitations may be 
 58.27  determined by the commissioner.  Informal responses must be 
 58.28  authenticated by the responder in a manner specified by the 
 58.29  commissioner. 
 58.30     Sec. 7.  Minnesota Statutes 2000, section 16C.08, 
 58.31  subdivision 2, is amended to read: 
 58.32     Subd. 2.  [DUTIES OF CONTRACTING AGENCY.] Before an agency 
 58.33  may seek approval of a professional or technical services 
 58.34  contract valued in excess of $5,000, or $50,000 in the case of a 
 58.35  department of transportation professional or technical services 
 58.36  contract, it must certify to the commissioner that: 
 59.1      (1) no current state employee is able and available to 
 59.2   perform the services called for by the contract; 
 59.3      (2) the normal competitive bidding mechanisms will not 
 59.4   provide for adequate performance of the services; 
 59.5      (3) the contractor has certified that the product of the 
 59.6   services will be original in character; 
 59.7      (4) reasonable efforts were made to publicize the 
 59.8   availability of the contract to the public; 
 59.9      (5) the agency has received, reviewed, and accepted a 
 59.10  detailed work plan from the contractor for performance under the 
 59.11  contract, if applicable; 
 59.12     (6) the agency has developed, and fully intends to 
 59.13  implement, a written plan providing for the assignment of 
 59.14  specific agency personnel to a monitoring and liaison function, 
 59.15  the periodic review of interim reports or other indications of 
 59.16  past performance, and the ultimate utilization of the final 
 59.17  product of the services; and 
 59.18     (7) the agency will not allow the contractor to begin work 
 59.19  before funds are fully encumbered. 
 59.20     Sec. 8.  Minnesota Statutes 2000, section 117.51, is 
 59.21  amended to read: 
 59.22     117.51 [COOPERATION WITH FEDERAL AUTHORITIES.] 
 59.23     In all acquisitions undertaken by any acquiring authority 
 59.24  and in all voluntary rehabilitation carried out by a person 
 59.25  pursuant to acquisition or as a consequence thereof, the 
 59.26  acquiring authority shall cooperate to the fullest extent with 
 59.27  federal departments and agencies, and it shall take all 
 59.28  necessary action in order to insure, to the maximum extent 
 59.29  possible, federal financial participation in any and all phases 
 59.30  of acquisition, including the provision of relocation 
 59.31  assistance, services, payments and benefits to displaced 
 59.32  persons.  An acquiring authority may consider reimbursing up to 
 59.33  $50,000 in relocation or reestablishment expenses of a displaced 
 59.34  business. 
 59.35     Sec. 9.  Minnesota Statutes 2000, section 138.664, is 
 59.36  amended by adding a subdivision to read: 
 60.1      Subd. 116.  Little Elk Heritage Preserve, Morrison county. 
 60.2      Sec. 10.  Minnesota Statutes 2000, section 161.082, 
 60.3   subdivision 2a, is amended to read: 
 60.4      Subd. 2a.  [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 
 60.5   (a) Money in the town bridge account must be expended on town 
 60.6   road bridge structures that are ten feet or more in length and 
 60.7   on town road culverts that replace existing town road bridges.  
 60.8   In addition, if the present bridge structure is less than ten 
 60.9   feet in length but a hydrological survey indicates that the 
 60.10  replacement bridge structure or culvert must be ten feet or more 
 60.11  in length, then the bridge or culvert is eligible for 
 60.12  replacement funds. 
 60.13     (b) In addition, if a culvert that replaces a deficient 
 60.14  bridge is in a county comprehensive water plan approved by the 
 60.15  board of water and soil resources and the department of natural 
 60.16  resources, the costs of the culvert and roadway grading other 
 60.17  than surfacing are eligible for replacement funds up to the cost 
 60.18  of constructing a replacement bridge. 
 60.19     (c) The expenditures on a bridge structure or culvert may 
 60.20  be paid from the county turnback account and may be for 100 
 60.21  percent of the cost of the replacement structure or culvert or 
 60.22  for 100 percent of the cost of rehabilitating the existing 
 60.23  structure. 
 60.24     (d) The town bridge account may be used to pay the costs to 
 60.25  abandon an existing bridge that is deficient and in need of 
 60.26  replacement, but where no replacement will be made.  It may also 
 60.27  be used to pay the costs to construct a road or street to 
 60.28  facilitate the abandonment of an existing bridge determined by 
 60.29  the commissioner to be deficient, if the commissioner determines 
 60.30  that construction of the road or street is more cost efficient 
 60.31  than replacing the existing bridge. 
 60.32     (e) When bridge approach construction work exceeds $10,000 
 60.33  in costs, or when the county engineer determines that the cost 
 60.34  of the replacement culverts alone will not exceed $20,000, or 
 60.35  engineering costs exceed $10,000, the town shall be eligible for 
 60.36  financial assistance from the town bridge account.  Financial 
 61.1   assistance shall be requested by resolution of the county board 
 61.2   and shall be limited to: 
 61.3      (1) 100 percent of the cost of the bridge approach work 
 61.4   that is in excess of $10,000; or 
 61.5      (2) 100 percent of the cost of the replacement culverts 
 61.6   when the cost does not exceed $20,000 and the town board agrees 
 61.7   to be responsible for all the other costs, which may include 
 61.8   costs for structural removal, installation, and permitting.  The 
 61.9   replacement structure design and costs shall be approved and 
 61.10  certified by the county engineer, but need not be subsequently 
 61.11  approved by the department of transportation; or 
 61.12     (3) 100 percent of all related engineering costs that 
 61.13  exceed $10,000, or in the case of towns with a net tax capacity 
 61.14  of less than $200,000, 100 percent of the engineering costs. 
 61.15     (f) Money in the town road account must be distributed as 
 61.16  provided in section 162.081. 
 61.17     Sec. 11.  Minnesota Statutes 2000, section 161.14, is 
 61.18  amended by adding a subdivision to read: 
 61.19     Subd. 48.  [KING OF TRAILS.] (a) The following described 
 61.20  route, signed as trunk highway No. 75 on the effective date of 
 61.21  this subdivision, is designated the "King of Trails":  
 61.22  Constitutional Route No. 6 from its intersection with the 
 61.23  Minnesota-Canada border southerly to its intersection with 
 61.24  Legislative Route No. 175 at or near the city of Crookston, then 
 61.25  Legislative Route No. 175 southwesterly and southerly to its 
 61.26  intersection with Constitutional Route No. 6 between the cities 
 61.27  of Halstad and Hendrum, then Constitutional Route No. 6 
 61.28  southerly to its intersection with the Minnesota-Iowa border.  
 61.29     (b) After complying with section 161.139, the commissioner 
 61.30  shall adopt a suitable marking design to mark the highway and 
 61.31  erect appropriate signs. 
 61.32     Sec. 12.  Minnesota Statutes 2000, section 161.23, 
 61.33  subdivision 3, is amended to read: 
 61.34     Subd. 3.  [LEASING.] The commissioner may lease for the 
 61.35  term between the acquisition and sale thereof and for a fair 
 61.36  rental rate and upon such terms and conditions as the 
 62.1   commissioner deems proper, any excess real estate acquired under 
 62.2   the provisions of this section, and any real estate acquired in 
 62.3   fee for trunk highway purposes and not presently needed 
 62.4   therefor.  All rents received from the leases shall be paid into 
 62.5   the state treasury.  Seventy percent of the rents shall be 
 62.6   credited to the trunk highway fund.  The remaining 30 percent 
 62.7   shall be paid to the county treasurer where the real estate is 
 62.8   located, and shall be distributed in the same manner as real 
 62.9   estate taxes.  This subdivision does not apply to real estate 
 62.10  leased for the purpose of providing commercial and public 
 62.11  service advertising pursuant to franchise agreements as provided 
 62.12  in sections 160.276 to 160.278 or to fees collected under 
 62.13  section 174.70, subdivision 2. 
 62.14     [EFFECTIVE DATE.] This section is effective the day 
 62.15  following final enactment. 
 62.16     Sec. 13.  Minnesota Statutes 2000, section 161.32, 
 62.17  subdivision 1, is amended to read: 
 62.18     Subdivision 1.  [ADVERTISEMENT FOR BIDS.] The commissioner 
 62.19  may conduct the work or any part thereof of the work incidental 
 62.20  to the construction and maintenance of the trunk highways by 
 62.21  labor employed therefor to do the work or by contract.  In cases 
 62.22  of construction work, the commissioner shall first advertise for 
 62.23  bids for contracts, and if no satisfactory bids are received, 
 62.24  may either reject all bids and readvertise, or do the work by 
 62.25  labor employed therefor to do the work.  Except as hereinafter 
 62.26  provided in subdivision 3 or 4, when work is to be done under 
 62.27  contract, the commissioner shall advertise for bids once each 
 62.28  week for three successive weeks prior to the date such the bids 
 62.29  are to be received.  The advertisement for bids shall must be 
 62.30  published in a newspaper or other periodical of general 
 62.31  circulation in the state and may be placed on the Internet.  The 
 62.32  plans and specifications for the proposed work shall must be on 
 62.33  file in the commissioner's office prior to the first call for 
 62.34  bids. 
 62.35     Sec. 14.  Minnesota Statutes 2000, section 161.32, 
 62.36  subdivision 1b, is amended to read: 
 63.1      Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 
 63.2   bids electronically in a form and manner required by the 
 63.3   commissioner.  Trunk highway construction contracts, including 
 63.4   design-build contracts, must be awarded to the lowest 
 63.5   responsible bidder, taking into consideration conformity with 
 63.6   the specifications, the purpose for which the contract or 
 63.7   purchase is intended, the status and capability of the vendor, 
 63.8   and other considerations imposed in the call for bids.  The 
 63.9   commissioner may decide which is the lowest responsible bidder 
 63.10  for all contracts and may use the principles of life-cycle 
 63.11  costing, where when appropriate, in determining the lowest 
 63.12  overall bid.  Any or all bids may be rejected.  In a case 
 63.13  where When competitive bids are required and where all bids are 
 63.14  rejected, new bids, if solicited, must be called for as in the 
 63.15  first instance, unless otherwise provided by law. 
 63.16     Sec. 15.  Minnesota Statutes 2000, section 161.32, 
 63.17  subdivision 1e, is amended to read: 
 63.18     Subd. 1e.  [RECORD.] A record must be kept of all bids, 
 63.19  including names of bidders, amounts of bids, and each successful 
 63.20  bid.  After the contract is awarded, this record is open to 
 63.21  public inspection and may be posted on the Internet. 
 63.22     Sec. 16.  [161.3205] [PROFESSIONAL AND TECHNICAL SERVICES 
 63.23  CONTRACTS.] 
 63.24     Subdivision 1.  [SCOPE; AUTHORITY GENERALLY.] (a) 
 63.25  Notwithstanding other law to the contrary, this section applies 
 63.26  to professional and technical services contracts entered into by 
 63.27  the commissioner of transportation. 
 63.28     (b) The commissioner has the authority and duty to: 
 63.29     (1) approve state transportation project plans and 
 63.30  specifications; 
 63.31     (2) award transportation construction and maintenance 
 63.32  contracts; 
 63.33     (3) approve, select, and award professional and technical 
 63.34  consultant contracts for state transportation projects; and 
 63.35     (4) approve utility and municipal agreements affecting 
 63.36  state transportation projects. 
 64.1      Subd. 2.  [DEFINITION OF PROFESSIONAL OR TECHNICAL 
 64.2   SERVICES.] For purposes of this section, "professional or 
 64.3   technical services" means services that are intellectual in 
 64.4   character, including consultative, analytical, evaluative, 
 64.5   predictive, planning, programming, or recommendatory, and that 
 64.6   result in the production of a report or the completion of a 
 64.7   task.  Professional or technical contracts do not include the 
 64.8   provision of supplies or materials, except (1) by the approval 
 64.9   of the commissioner, (2) as incidental to providing supplies or 
 64.10  materials, or (3) as incidental to providing professional or 
 64.11  technical services. 
 64.12     Subd. 3.  [DUTIES OF COMMISSIONER.] Before entering into a 
 64.13  professional or technical services contract with a value 
 64.14  exceeding $100,000, the commissioner shall certify that: 
 64.15     (1) no current state employee is able and available to 
 64.16  perform the services called for by the contract; 
 64.17     (2) the normal competitive bidding mechanisms do not 
 64.18  provide for adequate performance of the services; 
 64.19     (3) the contractor has certified that the product of the 
 64.20  services will be original in character; 
 64.21     (4) reasonable efforts were made to publicize the 
 64.22  availability of the contract to the public; 
 64.23     (5) the agency has received, reviewed, and accepted a 
 64.24  detailed work plan from the contractor for performance under the 
 64.25  contract, if applicable; and 
 64.26     (6) the commissioner has developed and will implement a 
 64.27  written plan providing for the assignment of specific agency 
 64.28  personnel to a monitoring and liaison function, the periodic 
 64.29  review of interim reports or other indications of past 
 64.30  performance, and the ultimate utilization of the final product 
 64.31  of the services. 
 64.32     Subd. 4.  [CONTRACT PROCEDURES.] Before approving a 
 64.33  proposed contract for professional or technical services, the 
 64.34  commissioner shall determine, at least, that: 
 64.35     (1) the work to be performed under the contract is 
 64.36  necessary to the agency's achievement of its statutory 
 65.1   responsibilities and there is statutory authority to enter into 
 65.2   the contract; 
 65.3      (2) the contract does not establish an employment 
 65.4   relationship between the state or the agency and any persons 
 65.5   performing under the contract; 
 65.6      (3) the contractor and agents are not employees of the 
 65.7   state; 
 65.8      (4) no agency has previously performed or contracted for 
 65.9   the performance of tasks that would be substantially duplicated 
 65.10  under the proposed contract; 
 65.11     (5) the commissioner has specified a satisfactory method of 
 65.12  evaluating and using the results of the work to be performed; 
 65.13  and 
 65.14     (6) the combined contract and amendments will not exceed 
 65.15  five years, unless otherwise provided for by law.  The term of 
 65.16  the original contract must not exceed two years, unless the 
 65.17  commissioner determines that a longer duration is in the best 
 65.18  interest of the state. 
 65.19     Subd. 5.  [CONTRACT TERMINATION AND PAYMENT TERMS.] (a) A 
 65.20  professional or technical services contract must by its terms 
 65.21  permit the commissioner to unilaterally terminate the contract 
 65.22  prior to completion, upon payment of just compensation, if the 
 65.23  commissioner determines that further performance under the 
 65.24  contract would not serve agency purposes. 
 65.25     (b) The commissioner shall approve and make final payment 
 65.26  on all professional and technical services contracts within six 
 65.27  months after the contractor delivers the final documents and 
 65.28  invoice.  Overdue payments are subject to the applicable prompt 
 65.29  payment provisions of section 16A.124. 
 65.30     Subd. 6.  [REPORTS.] (a) The commissioner shall submit to 
 65.31  the governor, the chair of the ways and means committee of the 
 65.32  house of representatives, the chair of the senate state 
 65.33  government finance committee, and the legislative reference 
 65.34  library a yearly listing of all contracts for professional or 
 65.35  technical services executed.  The report must identify the 
 65.36  contractor, contract amount, duration, and services to be 
 66.1   provided.  The commissioner shall also issue yearly reports 
 66.2   summarizing the contract review activities of the department by 
 66.3   fiscal year.  
 66.4      (b) The fiscal year report must be submitted by September 1 
 66.5   of each year and must: 
 66.6      (1) be sorted by contractor; 
 66.7      (2) show the aggregate value of contracts issued to each 
 66.8   contractor; 
 66.9      (3) distinguish between contracts that are being issued for 
 66.10  the first time and contracts that are being extended; 
 66.11     (4) state the termination date of each contact; and 
 66.12     (5) identify services by commodity code, including topics 
 66.13  such as contracts for training and contracts for research. 
 66.14     (c) Within 30 days of final completion of a contract over 
 66.15  $100,000 covered by this subdivision, the commissioner must 
 66.16  submit a one-page report to the legislative reference library.  
 66.17  The report must: 
 66.18     (1) summarize the purpose of the contract, including why it 
 66.19  was necessary to enter into a contract; 
 66.20     (2) state the amount spent on the contract; and 
 66.21     (3) explain why this amount was a cost-effective way to 
 66.22  enable the agency to provide its services or products better or 
 66.23  more efficiently. 
 66.24     Sec. 17.  [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 
 66.25  CORRIDOR DEVELOPMENT.] 
 66.26     Subdivision 1.  [CORRIDOR DEVELOPMENT.] By agreement with 
 66.27  the commissioner, a road authority other than the commissioner 
 66.28  or two or more road authorities that have entered into a joint 
 66.29  powers agreement under section 471.59 may make advances from any 
 66.30  available funds to the commissioner to expedite development of 
 66.31  an interregional transportation corridor, including funds for 
 66.32  design consultants, for right-of-way purchases, for 
 66.33  construction, or for other related expenditures. 
 66.34     Subd. 2.  [REPAYMENT.] Subject to the availability of state 
 66.35  money, the commissioner shall repay the amount advanced under 
 66.36  this section, up to the state's share of costs, under terms of 
 67.1   the agreement.  The agreement may provide for payment of 
 67.2   interest on the amount of advanced funds.  The maximum interest 
 67.3   rate that may be paid is the rate earned by the state on 
 67.4   invested treasurer's cash for the month before the date the 
 67.5   agreement is executed or the actual interest paid by the road 
 67.6   authority in borrowing for the amount advanced, whichever rate 
 67.7   is less.  The total amount of annual repayment to road 
 67.8   authorities under this section and section 161.361 must never 
 67.9   exceed the amount stated in the department's debt management 
 67.10  policy or $10,000,000, whichever is less. 
 67.11     [EFFECTIVE DATE.] This section is effective the day 
 67.12  following final enactment. 
 67.13     Sec. 18.  Minnesota Statutes 2000, section 161.442, is 
 67.14  amended to read: 
 67.15     161.442 [RECONVEYANCE TO FORMER OWNER.] 
 67.16     Notwithstanding sections 161.23, 161.41, 161.411, 161.43, 
 67.17  161.44, or any other statute, the commissioner of 
 67.18  transportation, at the commissioner's sole discretion with the 
 67.19  consent of the owner, may transfer, sell, or convey real 
 67.20  property including fixtures, and interests in real property 
 67.21  including easements, to the owner from whom the property was 
 67.22  acquired by the state for trunk highway purposes through a 
 67.23  pending eminent domain action.  The transfer of title may be by 
 67.24  stipulation, partial dismissal, bill of sale, or conveyance.  
 67.25  Any resulting change in the state's acquisition must be 
 67.26  explained in the final certificate for that action.  This 
 67.27  provision does not confer on a landowner the right to compel a 
 67.28  reconveyance without the consent of the commissioner. 
 67.29     [EFFECTIVE DATE.] This section is effective the day after 
 67.30  final enactment and applies to all actions as to which, on the 
 67.31  effective date, an award has not been paid to the owner. 
 67.32     Sec. 19.  Minnesota Statutes 2000, section 162.02, 
 67.33  subdivision 12, is amended to read: 
 67.34     Subd. 12.  [FORMER MUNICIPAL STATE-AID STREETS.] Former 
 67.35  municipal state-aid streets located in a city that previously 
 67.36  received money from the municipal state-aid street fund but 
 68.1   whose population fell below 5,000 under the 1980 or 1990 a later 
 68.2   federal census must be included in the county state-aid highway 
 68.3   system, subject to the approval of the governing bodies of the 
 68.4   city and the county.  An action taken by a county board 
 68.5   approving the inclusion of a former municipal state-aid street 
 68.6   in the county state-aid highway system must also include a 
 68.7   resolution taking over the street as a county highway under 
 68.8   section 163.11.  The county state-aid highway system is 
 68.9   increased in extent by the addition of the mileage of municipal 
 68.10  state-aid streets reverting or turned over to the jurisdiction 
 68.11  of the counties under this subdivision. 
 68.12     Sec. 20.  Minnesota Statutes 2000, section 162.09, 
 68.13  subdivision 4, is amended to read: 
 68.14     Subd. 4.  [FEDERAL CENSUS IS CONCLUSIVE.] (a) In 
 68.15  determining whether any city has a population of 5,000 or more, 
 68.16  the last federal census shall be conclusive, except as otherwise 
 68.17  provided in this subdivision.  
 68.18     (b) A city that has previously been classified as having a 
 68.19  population of 5,000 or more for the purposes of chapter 162 and 
 68.20  whose population decreases by less than 15 five percent from the 
 68.21  census figure that last qualified the city for inclusion shall 
 68.22  receive the following percentages of its 1981 apportionment for 
 68.23  the year ending in one for the years indicated:  1982 for the 
 68.24  year ending in two, 66 percent and 1983 for the year ending in 
 68.25  three, 33 percent.  Thereafter the city shall not receive any 
 68.26  apportionment from the municipal state-aid street fund unless 
 68.27  its population is determined to be 5,000 or over by a federal 
 68.28  census.  The governing body of the city may contract with the 
 68.29  United States Bureau of the Census to take one special census 
 68.30  before January 1, 1986 the year ending in six.  A certified copy 
 68.31  of the results of the census shall be filed with the appropriate 
 68.32  state authorities by the city.  The result of the census shall 
 68.33  be the population of the city for the purposes of any law 
 68.34  providing that population is a required qualification for 
 68.35  distribution of highway aids under chapter 162.  The special 
 68.36  census shall remain in effect until the 1990 federal census is 
 69.1   completed and filed.  The expense of taking the special census 
 69.2   shall be paid by the city.  
 69.3      (c) If an entire area not heretofore incorporated as a city 
 69.4   is incorporated as such during the interval between federal 
 69.5   censuses, its population shall be determined by its 
 69.6   incorporation census.  The incorporation census shall be 
 69.7   determinative of the population of the city only until the next 
 69.8   federal census. 
 69.9      (d) The population of a city created by the consolidation 
 69.10  of two or more previously incorporated cities shall be 
 69.11  determined by the most recent population estimate of the 
 69.12  metropolitan council or state demographer, until the first 
 69.13  federal decennial census or special census taken after the 
 69.14  consolidation. 
 69.15     (e) The population of a city that is not receiving a 
 69.16  municipal state-aid street fund apportionment shall be 
 69.17  determined, upon request of the city, by the most recent 
 69.18  population estimate of the metropolitan council or state 
 69.19  demographer.  A municipal state-aid street fund apportionment 
 69.20  received by the city must be based on this population estimate 
 69.21  until the next federal decennial census or special census. 
 69.22     Sec. 21.  [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND 
 69.23  PROCEEDS.] 
 69.24     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 69.25  subdivision apply to this section. 
 69.26     (b) "State trunk highway bond-financed property" means 
 69.27  property acquired, improved, or maintained in whole or in part 
 69.28  with the proceeds of state trunk highway bonds authorized to be 
 69.29  issued under the Minnesota Constitution, article XIV, section 11.
 69.30     (c) "Outstanding state trunk highway bonds" means the 
 69.31  dollar amount of state trunk highway bonds, including any 
 69.32  refunding state trunk highway bonds, issued with respect to 
 69.33  state trunk highway bond-financed property, less the principal 
 69.34  amount of state trunk highway bonds paid or defeased. 
 69.35     Subd. 2.  [LEASES.] State trunk highway bond-financed 
 69.36  property may only be leased for those purposes authorized by law 
 70.1   and must be leased in accordance with the requirements of all 
 70.2   other laws and duly adopted rules applicable thereto, orders, if 
 70.3   any, of the commissioner of finance intended to ensure the 
 70.4   legality and tax-exempt status of outstanding state trunk 
 70.5   highway bonds and with the approval of the commissioner of 
 70.6   finance.  A lease of state trunk highway bond-financed property, 
 70.7   including any renewals that are solely at the option of the 
 70.8   lessee, must be for a term substantially less than the useful 
 70.9   life of the state trunk highway bond-financed property, but may 
 70.10  allow renewal beyond that term upon a determination by the 
 70.11  commissioner of transportation that the use continues to be 
 70.12  authorized by law and that the additional term is authorized by 
 70.13  law.  A lease of state trunk highway bond-financed property must 
 70.14  be terminable by the commissioner of transportation if the other 
 70.15  contracting party defaults under the contract and must provide 
 70.16  for oversight by the commissioner of transportation.  
 70.17  Notwithstanding the provisions of any other law, money received 
 70.18  by the state under a lease of state trunk highway bond-financed 
 70.19  property must be paid to the commissioner of transportation, 
 70.20  deposited in the state trunk highway fund, and used to pay or 
 70.21  redeem or defease any outstanding state trunk highway bonds in 
 70.22  accordance with the commissioner of finance's order authorizing 
 70.23  their issuance.  The money paid to the commissioner of 
 70.24  transportation is appropriated for this purpose.  Money in 
 70.25  excess of the foregoing requirement must be applied as otherwise 
 70.26  required by law. 
 70.27     Subd. 3.  [SALES.] State trunk highway bond-financed 
 70.28  property must not be sold unless the sale is for a purpose 
 70.29  authorized by law, the sale is conducted in accordance with 
 70.30  applicable law and duly adopted rules, the sale is made in 
 70.31  accordance with orders, if any, of the commissioner of finance 
 70.32  intended to ensure the legality and tax-exempt status of 
 70.33  outstanding state trunk highway bonds, and the sale is approved 
 70.34  by the commissioner of finance.  Notwithstanding the provisions 
 70.35  of any other law, the net proceeds of a sale of any state trunk 
 70.36  highway bond-financed property must be paid to the commissioner 
 71.1   of transportation, deposited in the state trunk highway fund, 
 71.2   and used to pay or redeem or defease any outstanding trunk 
 71.3   highway bonds in accordance with the commissioner of finance's 
 71.4   order authorizing their issuance.  The net proceeds of sale paid 
 71.5   to the commissioner of transportation are appropriated for these 
 71.6   purposes.  Any net proceeds of sale in excess of the foregoing 
 71.7   requirement must be applied as otherwise required by law.  When 
 71.8   all of the net proceeds of sale have been applied as provided in 
 71.9   this subdivision, the sold property is no longer considered 
 71.10  state trunk highway bond-financed property. 
 71.11     Subd. 4.  [RELATION TO OTHER LAWS.] This section applies to 
 71.12  all state trunk highway bond-financed property unless otherwise 
 71.13  provided by law. 
 71.14     Sec. 22.  Minnesota Statutes 2000, section 167.51, 
 71.15  subdivision 2, is amended to read: 
 71.16     Subd. 2.  [TRANSFERS.] All money transferred from the trunk 
 71.17  highway fund or from any other source to the Minnesota trunk 
 71.18  highway bond account and all income from the investment thereof 
 71.19  shall be available for the payment of outstanding state trunk 
 71.20  highway bonds and interest thereon, whether or not issued 
 71.21  pursuant to section 167.50, in the same manner as the proceeds 
 71.22  of taxes paid into the trunk highway fund, and so much thereof 
 71.23  as may be necessary is appropriated for such payments.  The 
 71.24  legislature may appropriate and transfer to the Minnesota trunk 
 71.25  highway bond account, for the payment of such trunk highway 
 71.26  bonds and interest thereon, any other moneys in the state 
 71.27  treasury not otherwise appropriated.  The commissioner of 
 71.28  finance and the state treasurer are directed to make the 
 71.29  appropriate entries in the accounts of the respective funds.  
 71.30     Sec. 23.  Minnesota Statutes 2000, section 168.011, 
 71.31  subdivision 7, is amended to read: 
 71.32     Subd. 7.  [PASSENGER AUTOMOBILE.] "Passenger automobile" 
 71.33  means any motor vehicle designed and used for the carrying of 
 71.34  not more than 15 persons including the driver.  "Passenger 
 71.35  automobile" does not include motorcycles, motor scooters, and 
 71.36  buses described in subdivision 9, paragraph (a), clause (2).  
 72.1   For purposes of taxation only, "passenger automobile" includes 
 72.2   pickup trucks and vans, other than including those vans designed 
 72.3   to carry passengers with a manufacturer's nominal rated carrying 
 72.4   capacity of one ton, but does not include commuter vans as 
 72.5   defined in section 168.126. 
 72.6      Sec. 24.  Minnesota Statutes 2000, section 168.013, 
 72.7   subdivision 1d, is amended to read: 
 72.8      Subd. 1d.  [TRAILER.] (a) On trailers registered at a gross 
 72.9   vehicle weight of greater than 3,000 pounds, the annual tax is 
 72.10  based on total gross weight and is 30 percent of the Minnesota 
 72.11  base rate prescribed in subdivision 1e, when the gross weight is 
 72.12  15,000 pounds or less, and when the gross weight of a trailer is 
 72.13  more than 15,000 pounds, the tax for the first eight years of 
 72.14  vehicle life is 100 percent of the tax imposed in the Minnesota 
 72.15  base rate schedule, and during the ninth and succeeding years of 
 72.16  vehicle life the tax is 75 percent of the Minnesota base rate 
 72.17  prescribed by subdivision 1e, but in no event less than $5, 
 72.18  provided, that the tax on trailers with a total gross weight of 
 72.19  3,000 pounds or less is payable biennially.  
 72.20     (b) Farm trailers with a gross weight in excess of 10,000 
 72.21  pounds and as described in section 168.011, subdivision 17, are 
 72.22  taxed as farm trucks as prescribed in subdivision 1c. 
 72.23     (c) Effective on and after July 1, 2001, trailers 
 72.24  registered at a gross vehicle weight of 3,000 pounds or less 
 72.25  must display a distinctive plate.  The registration on the 
 72.26  license plate is valid for the life of the trailer only if it 
 72.27  remains registered at the same gross vehicle weight.  The 
 72.28  one-time registration tax for trailers registered for the first 
 72.29  time in Minnesota is $55.  For trailers registered in Minnesota 
 72.30  before July 1, 2001, and for which: 
 72.31     (1) registration is desired for the remaining life of the 
 72.32  trailer, the registration tax is $25; or 
 72.33     (2) permanent registration is not desired, the biennial 
 72.34  registration tax is $10 for the first renewal if registration is 
 72.35  renewed between and including July 1, 2001, and June 30, 2003.  
 72.36  These trailers must be issued permanent registration at the 
 73.1   first renewal on or after July 1, 2003, and the registration tax 
 73.2   is $20.  
 73.3   For trailers registered at a gross weight of 3,000 pounds or 
 73.4   less before July 1, 2001, but not renewed until on or after July 
 73.5   1, 2003, the registration tax is $20 and permanent registration 
 73.6   must be issued. 
 73.7      Sec. 25.  Minnesota Statutes 2000, section 168.09, 
 73.8   subdivision 7, is amended to read: 
 73.9      Subd. 7.  [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.] 
 73.10  (a) A vehicle that displays a special plate issued under section 
 73.11  168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123; 
 73.12  168.124; 168.125; 168.126; 168.128; or 168.129 may display a 
 73.13  temporary permit in conjunction with expired registration if: 
 73.14     (1) the current registration tax and all other fees have 
 73.15  been paid in full; and 
 73.16     (2) the plate requires replacement under section 168.12, 
 73.17  subdivision 1, paragraph (b), clause (3). 
 73.18     (b) A vehicle that is registered under section 168.10 may 
 73.19  display a temporary permit in conjunction with expired 
 73.20  registration, with or without a registration license plate, if: 
 73.21     (1) the license plates have been applied for and the 
 73.22  registration tax has been paid in full, as provided for in 
 73.23  section 168.10; and 
 73.24     (2) the vehicle is used solely as a collector vehicle while 
 73.25  displaying the temporary permit and not used for general 
 73.26  transportation purposes. 
 73.27     (b) (c) The permit is valid for a period of 60 days.  The 
 73.28  permit must be in a form prescribed by the commissioner of 
 73.29  public safety and whenever practicable must be posted upon the 
 73.30  driver's side of the rear window on the inside of the vehicle.  
 73.31  The permit is valid only for the vehicle for which it was issued 
 73.32  to allow a reasonable time for the new license plates to be 
 73.33  manufactured and delivered to the applicant. 
 73.34     Sec. 26.  Minnesota Statutes 2000, section 168.12, 
 73.35  subdivision 1, is amended to read: 
 73.36     Subdivision 1.  [NUMBER PLATES; DESIGN, VISIBILITY, PERIODS 
 74.1   OF ISSUANCE.] (a) The registrar, upon the approval and payment, 
 74.2   shall issue to the applicant the number plates required by law, 
 74.3   bearing the state name and the number assigned.  The number 
 74.4   assigned may be a combination of a letter or sign with figures.  
 74.5   The color of the plates and the color of the abbreviation of the 
 74.6   state name and the number assigned shall be in marked contrast.  
 74.7   The plates shall be lettered, spaced, or distinguished to 
 74.8   suitably indicate the registration of the vehicle according to 
 74.9   the rules of the registrar, and when a vehicle is registered on 
 74.10  the basis of total gross weight, the plates issued shall clearly 
 74.11  indicate by letters or other suitable insignia the maximum gross 
 74.12  weight for which the tax has been paid.  These number plates 
 74.13  shall be so treated as to be at least 100 times brighter than 
 74.14  the conventional painted number plates.  When properly mounted 
 74.15  on an unlighted vehicle, these number plates, when viewed from a 
 74.16  vehicle equipped with standard headlights, shall be visible for 
 74.17  a distance of not less than 1,500 feet and readable for a 
 74.18  distance of not less than 110 feet. 
 74.19     (b) The registrar shall issue these number plates for the 
 74.20  following periods: 
 74.21     (1) New number plates issued pursuant to section 168.012, 
 74.22  subdivision 1, shall be issued to a vehicle for as long as it is 
 74.23  owned by the exempt agency and shall not be transferable from 
 74.24  one vehicle to another but may be transferred with the vehicle 
 74.25  from one tax-exempt agency to another.  
 74.26     (2) Plates issued for passenger automobiles as defined in 
 74.27  section 168.011, subdivision 7, shall be issued for a seven-year 
 74.28  period.  All plates issued under this paragraph must be replaced 
 74.29  if they are seven years old or older at the time of annual 
 74.30  registration or will become so during the registration period. 
 74.31     (3) Number plates issued under sections 168.053 and 168.27, 
 74.32  subdivisions 16 and 17, shall be for a seven-year period. 
 74.33     (4) Number plates issued under subdivisions 2c and 2d and 
 74.34  section 168.123 shall be issued for the life of the veteran 
 74.35  under section 169.79. 
 74.36     (5) Plates for any vehicle not specified in clauses (1) to 
 75.1   (3), except for trailers as hereafter provided, shall be issued 
 75.2   for the life of the vehicle.  Beginning with number plates 
 75.3   issued for the year 1981, plates issued for trailers with a 
 75.4   total gross weight of 3,000 pounds or less shall be issued for 
 75.5   the life of the trailer and shall be not more than seven inches 
 75.6   in length and four inches in width. 
 75.7      (c) In a year in which plates are not issued, the registrar 
 75.8   shall issue for each registration a tab or sticker to designate 
 75.9   the year of registration.  This tab or sticker shall show the 
 75.10  calendar year or years for which issued, and is valid only for 
 75.11  that period.  The number plates, number tabs, or stickers issued 
 75.12  for a motor vehicle may not be transferred to another motor 
 75.13  vehicle during the period for which it is issued, except a motor 
 75.14  vehicle registered under section 168.187. 
 75.15     (d) Notwithstanding any other provision of this 
 75.16  subdivision, number plates issued to a vehicle which is used for 
 75.17  behind-the-wheel instruction in a driver education course in a 
 75.18  public school may be transferred to another vehicle used for the 
 75.19  same purpose without payment of any additional fee.  The 
 75.20  registrar shall be notified of each transfer of number plates 
 75.21  under this paragraph and may prescribe a form for notification. 
 75.22     Sec. 27.  Minnesota Statutes 2000, section 168.1291, 
 75.23  subdivision 1, is amended to read: 
 75.24     Subdivision 1.  [DEFINITION.] For purposes of this section 
 75.25  "special license plates" means license plates issued under 
 75.26  sections 168.12, subdivisions 2b to and 2e; 168.123; 168.1235; 
 75.27  and 168.129. 
 75.28     Sec. 28.  Minnesota Statutes 2000, section 168.27, 
 75.29  subdivision 12a, is amended to read: 
 75.30     Subd. 12a.  [GROUNDS FOR CANCELLATION WITHOUT HEARING; 
 75.31  NOTICE REQUIRED.] (a) A license may be canceled by the registrar 
 75.32  after notice to the dealer, upon satisfactory proof that the 
 75.33  dealer:  (1) has failed to provide or maintain the required 
 75.34  surety bond, or that the dealer; (2) has failed to provide or 
 75.35  maintain the insurance required under chapter 65B; or (3) is no 
 75.36  longer operating at the dealer's licensed location. 
 76.1      (b) Surety companies and insurers providing required 
 76.2   coverages shall promptly notify the registrar upon canceling any 
 76.3   surety bond or required insurance.  The registrar shall notify 
 76.4   the dealer of the reason or reasons for cancellation before the 
 76.5   cancellation occurs. 
 76.6      Sec. 29.  Minnesota Statutes 2000, section 168.27, 
 76.7   subdivision 20, is amended to read: 
 76.8      Subd. 20.  [APPLICATION TO SALE OF OTHER VEHICLES.] (a) 
 76.9   This section shall does not apply: 
 76.10     (1) to any person, copartnership, or corporation engaged in 
 76.11  the business of selling vehicles designed to operate exclusively 
 76.12  over snow, motor scooters, motorized wheelchairs, utility 
 76.13  trailers, farm wagons, farm trailers, or farm tractors or other 
 76.14  farm implements, whether self-propelled or not, and even 
 76.15  though such wagons, trailers, tractors or implements a vehicle 
 76.16  listed in this clause may be equipped with a trailer hitch,; or 
 76.17     (2) to any person licensed as a real estate broker or 
 76.18  salesperson pursuant to chapter 82, who engages in the business 
 76.19  of selling, or who offers to sell, or who solicits or advertises 
 76.20  the sale of manufactured homes affixed to land, unless such. 
 76.21     (b) However, this section does apply to a person, 
 76.22  copartnership, or corporation shall described in paragraph (a) 
 76.23  who is also be engaged in the business of selling other motor 
 76.24  vehicles or manufactured homes within the provisions of this 
 76.25  section. 
 76.26     (b) (c) As used in this subdivision the term "utility 
 76.27  trailer" has the following meaning:, "utility trailer" means a 
 76.28  motorless vehicle, other than a boat trailer or snowmobile 
 76.29  trailer, equipped with one or two wheels and, having a carrying 
 76.30  capacity of 2000 gross vehicle weight of 4,000 pounds or less, 
 76.31  and used for carrying property on its own structure while being 
 76.32  drawn by a motor vehicle. 
 76.33     Sec. 30.  Minnesota Statutes 2000, section 168.33, 
 76.34  subdivision 7, is amended to read: 
 76.35     Subd. 7.  [FILING FEE.] (a) In addition to all other 
 76.36  statutory fees and taxes, a filing fee of $3.50 is imposed on 
 77.1   every application: 
 77.2      (i) $3.50 is imposed on every application made directly to 
 77.3   the department; 
 77.4      (ii) $4.50 is imposed on every motor vehicle registration 
 77.5   renewal, excluding pro rate, made to a deputy registrar; and 
 77.6      (iii) $7 is imposed on every other type of vehicle 
 77.7   transaction made to a deputy registrar; 
 77.8   except that a filing fee may not be charged for a document 
 77.9   returned for a refund or for a correction of an error made by 
 77.10  the department of public safety, a licensed auto dealer, or a 
 77.11  deputy registrar.  The filing fee shall must be shown as a 
 77.12  separate item on all registration renewal notices sent out by 
 77.13  the department of public safety.  No filing fee or other fee may 
 77.14  be charged for the permanent surrender of a certificate of title 
 77.15  and license plates for a motor vehicle.  
 77.16     (b) Filing fees collected under this subdivision by the 
 77.17  registrar department must be paid into the state treasury and 
 77.18  credited to the highway user tax distribution fund, except fees 
 77.19  for registrations of motor vehicles.  Filing fees collected for 
 77.20  registrations of motor vehicles in conjunction with a title 
 77.21  transfer or first application in this state must be paid into 
 77.22  the state treasury with 50 percent of the money credited to the 
 77.23  general fund and 50 percent credited to the highway user tax 
 77.24  distribution fund. 
 77.25     (c) A motor vehicle dealer shall retain $2.50 of each 
 77.26  filing fee imposed under this subdivision for a completed 
 77.27  transaction involving the sale of a motor vehicle to or by a 
 77.28  licensed dealer, if the dealer electronically transmits the 
 77.29  transaction to the department or deputy registrar.  The 
 77.30  department shall develop procedures to implement this 
 77.31  subdivision in consultation with Minnesota Deputy Registrar 
 77.32  Association and Minnesota Automobile Dealers Association.  
 77.33  Deputy registrars shall not be prohibited from receiving and 
 77.34  processing required documents supporting an electronic 
 77.35  transaction. 
 77.36     Sec. 31.  Minnesota Statutes 2000, section 168.381, is 
 78.1   amended to read: 
 78.2      168.381 [MANUFACTURE OF VEHICLE LICENSE NUMBER PLATES; 
 78.3   APPROPRIATIONS.] 
 78.4      Subdivision 1.  [CORRECTIONAL FACILITIES; OTHER 
 78.5   MANUFACTURERS.] (a) License number plates required by law may be 
 78.6   manufactured by the Minnesota correctional facility-St. Cloud, 
 78.7   the Minnesota correctional facility-Stillwater, or other 
 78.8   facility established by law for the confinement of persons 
 78.9   convicted of felony, upon order from the registrar of motor 
 78.10  vehicles, such.  The order to must state the quality of material 
 78.11  desired in such the plates, the plate specifications thereof, 
 78.12  and the amount or number desired.  
 78.13     (b) Should the commissioner of corrections decide not to 
 78.14  supply the required quantity of license plates, or discontinue 
 78.15  the manufacture of plates, the commissioner of public safety is 
 78.16  authorized to seek other suppliers on a competitive basis.  
 78.17     Subd. 2.  [LABORATORY TESTING; COSTS.] (a) Materials 
 78.18  purchased to be used in the manufacture of such motor vehicle 
 78.19  number plates shall must be tested as to conformance with 
 78.20  specifications established by the commissioner of public safety 
 78.21  in a privately operated laboratory service to be designated by 
 78.22  the commissioner.  The cost of such the laboratory shall must be 
 78.23  included in the cost of materials purchased.  
 78.24     (b) The cost of delivery of such number plates to the 
 78.25  commissioner of public safety at places which designated by the 
 78.26  commissioner may designate shall must be included in the 
 78.27  expenses incurred in their manufacture.  
 78.28     Subd. 3.  [SPECIFICATIONS.] The commissioner of public 
 78.29  safety shall establish new or revised specifications for the 
 78.30  material and equipment used in the manufacture of number plates 
 78.31  ordered for manufacture after August 1, 1975, and may from time 
 78.32  to time revise such the specifications,; provided that such 
 78.33  the specifications conform to the requirements of section 168.12.
 78.34  In establishing new or revised specifications, the commissioner 
 78.35  shall consult with and give consideration to the advice and 
 78.36  recommendations of representatives of the Minnesota state 
 79.1   patrol, local police officers' associations, and the county 
 79.2   sheriffs' association.  
 79.3      (c) Subd. 4.  [APPROPRIATIONS.] (a) Money appropriated to 
 79.4   the department of public safety to procure the plates for any 
 79.5   fiscal year or years shall be are available for allotment, 
 79.6   encumbrance, and expenditure from and after the date of the 
 79.7   enactment of such the appropriation.  Materials and equipment 
 79.8   used in the manufacture of such number plates are subject only 
 79.9   to the approval of the commissioner of public safety.  
 79.10     (d) (b) This section contemplates that money to be 
 79.11  appropriated to the department of public safety in order to 
 79.12  carry out the terms and provisions of this section will be 
 79.13  appropriated by the legislature from the highway user tax 
 79.14  distribution fund. 
 79.15     (c) A sum sufficient is appropriated annually from the 
 79.16  highway user tax distribution fund to the commissioner of public 
 79.17  safety to pay the costs of purchasing, delivering, and mailing 
 79.18  motor vehicle license number plates, license plate registration 
 79.19  tabs or stickers, and license plate registration notices. 
 79.20     Sec. 32.  [168A.101] [CANCELLATION OF MOTOR VEHICLE SALE.] 
 79.21     Subdivision 1.  [REQUIRED DOCUMENTATION.] If the parties 
 79.22  cancel a purchase of a motor vehicle after the transfer of 
 79.23  interest, they must submit within 90 days of the original 
 79.24  purchase date the following items: 
 79.25     (1) the outstanding certificate of title with proper 
 79.26  assignment; and 
 79.27     (2) an affidavit correcting ownership signed by the parties.
 79.28     Subd. 2.  [REFUNDS.] A party may be eligible for a refund 
 79.29  of taxes and fees only if the items indicated in subdivision 1 
 79.30  are submitted within the 90-day time frame unless otherwise 
 79.31  provided by law. 
 79.32     Sec. 33.  Minnesota Statutes 2000, section 169.06, is 
 79.33  amended by adding a subdivision to read: 
 79.34     Subd. 5b.  [SIGNAL VIOLATION CITED USING PHOTOGRAPHIC 
 79.35  EVIDENCE.] (a) Notwithstanding section 169.89, subdivision 1, if 
 79.36  a motor vehicle is operated in violation of subdivision 4 and 
 80.1   the violation is detected through use of photographic evidence, 
 80.2   the owner of the vehicle or, for a leased motor vehicle, the 
 80.3   lessee of the vehicle, is guilty of a petty misdemeanor and may 
 80.4   be fined up to $100.  Notwithstanding any other law, a peace 
 80.5   officer may issue a citation to the owner or lessee of the 
 80.6   vehicle through United States mail. 
 80.7      (b) This subdivision does not apply to (1) an owner who 
 80.8   presents written evidence that the motor vehicle had been 
 80.9   reported to a law enforcement agency as stolen at the time of 
 80.10  the violation, or (2) a lessor of a motor vehicle if the lessor 
 80.11  keeps a record of the name and address of the lessee. 
 80.12     (c) This subdivision does not prohibit or limit the 
 80.13  prosecution of a motor vehicle operator for violating 
 80.14  subdivision 4. 
 80.15     (d) It is an affirmative defense to a violation of this 
 80.16  subdivision if the owner or lessee proves by a preponderance of 
 80.17  the evidence that the owner or lessee was not the driver of the 
 80.18  vehicle at the time of the violation. 
 80.19     [EFFECTIVE DATE.] This section is effective August 1, 2001. 
 80.20     Sec. 34.  [169.062] [SIGNAL VIOLATION DETECTED WITH 
 80.21  PHOTOGRAPHIC EVIDENCE.] 
 80.22     Subdivision 1.  [LOCAL GOVERNMENT AUTHORITY.] (a) A 
 80.23  statutory or home rule charter city or urban town, as defined in 
 80.24  chapter 368, may by ordinance develop and implement a program to 
 80.25  allow peace officers to detect violations of section 169.06, 
 80.26  subdivision 4, through photographic evidence, as provided in 
 80.27  section 169.06, subdivision 5b.  A program established under 
 80.28  this section must: 
 80.29     (1) be limited to enforcement of traffic signals only; 
 80.30     (2) issue citations for traffic signal violations only 
 80.31  through United States mail within seven working days of the 
 80.32  offense; 
 80.33     (3) provide that any fine revenues in excess of the costs 
 80.34  of the program be transferred to the commissioner of 
 80.35  transportation to be used for the crosswalk safety awareness 
 80.36  campaign; 
 81.1      (4) operate photographic systems in such a manner that the 
 81.2   violating vehicle is identified by the photograph but the 
 81.3   occupants of the vehicle are not; 
 81.4      (5) provide that all records of convictions resulting from 
 81.5   violations detected through the use of photographic systems 
 81.6   contain a notation to that effect; and 
 81.7      (6) require signage notifying drivers that photographic 
 81.8   systems are in place to detect traffic signal violations. 
 81.9      (b) The city or town shall consult with the department of 
 81.10  public safety in establishing the program.  
 81.11     Any contract with a private person for operation of a 
 81.12  program under this section must not include a provision that 
 81.13  provides for a payment to the private person based on the number 
 81.14  of citations issued or based on either a percentage or specified 
 81.15  amount of fines assessed or collected. 
 81.16     Subd. 2.  [FINES.] A city or town participating in the 
 81.17  program may by ordinance establish a schedule of fines for 
 81.18  violations detected by photographic equipment. 
 81.19     Subd. 3.  [LIABILITY FOR REPAYMENT OF FINES.] A city or 
 81.20  town participating in the program is liable for the repayment of 
 81.21  fines collected for signal law violations detected by 
 81.22  photographic equipment, if the alleged violations occurred 
 81.23  during a period of time that the photographic system was 
 81.24  unreliable due to a malfunction, inadequate maintenance, or 
 81.25  improper placement. 
 81.26     Subd. 4.  [DATA.] Photographic evidence and records of 
 81.27  convictions obtained under this section are private data on 
 81.28  individuals or nonpublic data as defined in section 13.02 but 
 81.29  are accessible to the owner or lessee of the vehicle.  Section 
 81.30  13.05, subdivision 11, applies to a contract with a private 
 81.31  person for operation of a program under this section.  The 
 81.32  private person may use the data only for purposes of this 
 81.33  program. 
 81.34     [EFFECTIVE DATE.] This section is effective August 1, 2001. 
 81.35     Sec. 35.  Minnesota Statutes 2000, section 169.09, 
 81.36  subdivision 8, is amended to read: 
 82.1      Subd. 8.  [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.] 
 82.2   Every A law enforcement officer who, in the regular course of 
 82.3   duty, investigates a motor vehicle accident of which report must 
 82.4   be made as required in that must be reported under this section, 
 82.5   either at the time of and at the scene of the accident or 
 82.6   thereafter by interviewing participants or witnesses, shall, 
 82.7   within ten days after the date of such the accident, forward a 
 82.8   an electronic or written report of such the accident to the 
 82.9   commissioner of public safety. 
 82.10     Sec. 36.  Minnesota Statutes 2000, section 169.09, 
 82.11  subdivision 9, is amended to read: 
 82.12     Subd. 9.  [ACCIDENT REPORT FORMS.] The department of public 
 82.13  safety shall prepare, and electronic or written forms for 
 82.14  accident reports required under this section.  Upon request the 
 82.15  department shall supply the forms to police departments, 
 82.16  coroners, sheriffs, garages, and other suitable agencies or 
 82.17  individuals, forms for accident reports required hereunder,.  
 82.18  The forms must be appropriate with respect to the persons 
 82.19  required to make such the reports and the purposes to be 
 82.20  served.  The electronic or written reports report forms to be 
 82.21  made completed by persons involved in accidents and by 
 82.22  investigating officers shall must call for sufficiently detailed 
 82.23  information to disclose with reference to a traffic accident the 
 82.24  causes, conditions then existing, and the persons and vehicles 
 82.25  involved. 
 82.26     Sec. 37.  Minnesota Statutes 2000, section 169.09, 
 82.27  subdivision 10, is amended to read: 
 82.28     Subd. 10.  [USE OF FORM REQUIRED.] Every A required 
 82.29  accident report required to be made in writing shall must be 
 82.30  made on the an appropriate form approved by the department of 
 82.31  public safety and contain all of the information 
 82.32  required therein unless not available. 
 82.33     Sec. 38.  Minnesota Statutes 2000, section 169.09, 
 82.34  subdivision 13, is amended to read: 
 82.35     Subd. 13.  [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 
 82.36  APPROPRIATION.] (a) All Electronic and written reports and 
 83.1   supplemental reports required under this section shall be for 
 83.2   the use of the commissioner of public safety and other 
 83.3   appropriate state, federal, county, and municipal governmental 
 83.4   agencies for accident analysis purposes, except: 
 83.5      (1) the commissioner of public safety or any law 
 83.6   enforcement agency shall, upon written request of any person 
 83.7   involved in an accident or upon written request of the 
 83.8   representative of the person's estate, surviving spouse, or one 
 83.9   or more surviving next of kin, or a trustee appointed pursuant 
 83.10  to section 573.02, disclose to the requester, the requester's 
 83.11  legal counsel, or a representative of the requester's insurer 
 83.12  the report required under subdivision 8; 
 83.13     (2) the commissioner of public safety shall, upon written 
 83.14  request, provide the driver filing a report under subdivision 7 
 83.15  with a copy of the report filed by the driver; 
 83.16     (3) the commissioner of public safety may verify with 
 83.17  insurance companies vehicle insurance information to enforce 
 83.18  sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 
 83.19     (4) the commissioner of public safety shall provide the 
 83.20  commissioner of transportation the information obtained for each 
 83.21  traffic accident involving a commercial motor vehicle, for 
 83.22  purposes of administering commercial vehicle safety regulations; 
 83.23  and 
 83.24     (5) the commissioner of public safety may give to the 
 83.25  United States Department of Transportation commercial vehicle 
 83.26  accident information in connection with federal grant programs 
 83.27  relating to safety. 
 83.28     (b) Accident reports and data contained in the reports 
 83.29  shall not be discoverable under any provision of law or rule of 
 83.30  court.  No report shall be used as evidence in any trial, civil 
 83.31  or criminal, arising out of an accident, except that the 
 83.32  commissioner of public safety shall furnish upon the demand of 
 83.33  any person who has, or claims to have, made a report, or, upon 
 83.34  demand of any court, a certificate showing that a specified 
 83.35  accident report has or has not been made to the commissioner 
 83.36  solely to prove compliance or failure to comply with the 
 84.1   requirements that the report be made to the commissioner. 
 84.2      (c) Nothing in this subdivision prevents any person who has 
 84.3   made a report pursuant to this section from providing 
 84.4   information to any persons involved in an accident or their 
 84.5   representatives or from testifying in any trial, civil or 
 84.6   criminal, arising out of an accident, as to facts within the 
 84.7   person's knowledge.  It is intended by this subdivision to 
 84.8   render privileged the reports required, but it is not intended 
 84.9   to prohibit proof of the facts to which the reports relate. 
 84.10     (d) Disclosing any information contained in any accident 
 84.11  report, except as provided in this subdivision, section 13.82, 
 84.12  subdivision 3 or 4, or other statutes, is a misdemeanor. 
 84.13     (e) The commissioner of public safety may charge authorized 
 84.14  persons a $5 fee for a copy of an accident report.  The fees 
 84.15  collected must be credited to the driver's license account in 
 84.16  the special revenue fund.  The commissioner may also furnish 
 84.17  copies of the modified accident records database to private 
 84.18  agencies as provided in paragraph (g) for not less than the cost 
 84.19  of preparing the copies. 
 84.20     (f) The commissioner and law enforcement agencies may 
 84.21  charge commercial users who request access to response or 
 84.22  incident data relating to accidents a fee not to exceed 50 cents 
 84.23  per report.  "Commercial user" is a user who in one location 
 84.24  requests access to data in more than five accident reports per 
 84.25  month, unless the user establishes that access is not for a 
 84.26  commercial purpose.  Money collected by the commissioner under 
 84.27  this paragraph is appropriated to the commissioner. 
 84.28     (g) The commissioner may provide a modified copy of the 
 84.29  accident records database that does not contain names, driver's 
 84.30  license numbers, vehicle license plate numbers, addresses, or 
 84.31  other identifying data to the public upon request.  
 84.32     Sec. 39.  Minnesota Statutes 2000, section 169.14, 
 84.33  subdivision 4, is amended to read: 
 84.34     Subd. 4.  [ESTABLISHMENT OF ZONES BY COMMISSIONER.] On 
 84.35  determining upon the basis of an engineering and traffic 
 84.36  investigation that any speed set forth in this section is 
 85.1   greater or less than is reasonable or safe under the conditions 
 85.2   found to exist on any trunk highway or upon any part thereof, 
 85.3   the commissioner may erect appropriate signs designating a 
 85.4   reasonable and safe speed limit thereat, which speed limit shall 
 85.5   be effective when such signs are erected.  Any speeds in excess 
 85.6   of such limits shall be prima facie evidence that the speed is 
 85.7   not reasonable or prudent and that it is unlawful; except that 
 85.8   any speed limit within any municipality shall be a maximum limit 
 85.9   and any speed in excess thereof shall be unlawful.  On 
 85.10  determining upon that basis that a part of the trunk highway 
 85.11  system outside a municipality should be a zone of maximum speed 
 85.12  limit, the commissioner may establish that part as such a zone 
 85.13  by erecting appropriate signs showing the beginning and end of 
 85.14  the zone, designating a reasonable and safe speed therefor, 
 85.15  which may be different than the speed set forth in this section, 
 85.16  and that it is a zone of maximum speed limit.  The speed so 
 85.17  designated by the commissioner within any such zone shall be a 
 85.18  maximum speed limit, and speed in excess of such limit shall be 
 85.19  unlawful.  The commissioner may in the same manner from time to 
 85.20  time alter the boundary of such a zone and the speed limit 
 85.21  therein or eliminate such zone.  The commissioner shall 
 85.22  establish a maximum speed limit of the greater of 25 miles per 
 85.23  hour, or 20 miles per hour below the posted limit, in a school 
 85.24  zone, after a school board and local authority jointly request 
 85.25  this action for a school zone within their jurisdictions. 
 85.26     Sec. 40.  Minnesota Statutes 2000, section 169.14, 
 85.27  subdivision 5a, is amended to read: 
 85.28     Subd. 5a.  [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) 
 85.29  Local authorities may establish a school speed limit within a 
 85.30  school zone of a public or nonpublic school upon the basis of an 
 85.31  engineering and traffic investigation as prescribed by the 
 85.32  commissioner of transportation.  The establishment of a school 
 85.33  speed limit on any trunk highway shall be with the consent of 
 85.34  the commissioner of transportation, except when requested 
 85.35  jointly by a school board and local authority under subdivision 
 85.36  4.  Such school speed limits shall be in effect when children 
 86.1   are present, going to or leaving school during opening or 
 86.2   closing hours or during school recess periods.  The school speed 
 86.3   limit shall not be lower than 15 miles per hour and shall not be 
 86.4   more than 20 miles per hour below the established speed limit on 
 86.5   an affected street or highway if the established speed limit is 
 86.6   40 miles per hour or greater. 
 86.7      (b) The school speed limit shall be effective upon the 
 86.8   erection of appropriate signs designating the speed and 
 86.9   indicating the beginning and end of the reduced speed zone.  Any 
 86.10  speed in excess of such posted school speed limit is unlawful.  
 86.11  All such signs shall be erected by the local authorities on 
 86.12  those streets and highways under their respective jurisdictions 
 86.13  and by the commissioner of transportation on trunk highways. 
 86.14     (c) For the purpose of this subdivision, "school zone" 
 86.15  means that section of a street or highway which abuts the 
 86.16  grounds of a school where children have access to the street or 
 86.17  highway from the school property or where an established school 
 86.18  crossing is located provided the school advance sign prescribed 
 86.19  by the manual on uniform traffic control devices adopted by the 
 86.20  commissioner of transportation pursuant to section 169.06 is in 
 86.21  place.  All signs erected by local authorities to designate 
 86.22  speed limits in school zones shall conform to the manual on 
 86.23  uniform control devices. 
 86.24     (d) Notwithstanding section 609.0331 or 609.101 or other 
 86.25  law to the contrary, a person who violates a speed limit 
 86.26  established under this subdivision is assessed an additional 
 86.27  surcharge equal to the amount of the fine imposed for the 
 86.28  violation, but not less than $25. 
 86.29     Sec. 41.  Minnesota Statutes 2000, section 169.18, 
 86.30  subdivision 1, is amended to read: 
 86.31     Subdivision 1.  [KEEP TO THE RIGHT.] Upon all roadways of 
 86.32  sufficient width a vehicle shall be driven upon the right half 
 86.33  of the roadway, except as follows: 
 86.34     (1) when overtaking and passing another vehicle proceeding 
 86.35  in the same direction under the rules governing such movement; 
 86.36     (2) when the right half of a roadway is closed to traffic 
 87.1   while under construction or repair; 
 87.2      (3) upon a roadway divided into three marked lanes for 
 87.3   traffic under the rules applicable thereon; or 
 87.4      (4) upon a roadway designated and signposted for one-way 
 87.5   traffic as a one-way roadway; or 
 87.6      (5) as necessary to comply with subdivision 11 when 
 87.7   approaching an authorized emergency vehicle parked or stopped on 
 87.8   the roadway. 
 87.9      [EFFECTIVE DATE.] This section is effective June 1, 2001. 
 87.10     Sec. 42.  Minnesota Statutes 2000, section 169.18, is 
 87.11  amended by adding a subdivision to read: 
 87.12     Subd. 11.  [PASSING PARKED EMERGENCY VEHICLE.] When 
 87.13  approaching and before passing an authorized emergency vehicle 
 87.14  that is parked or otherwise stopped on or next to a street or 
 87.15  highway having two or more lanes in the same direction, the 
 87.16  driver of a vehicle shall safely move the vehicle to a lane away 
 87.17  from the emergency vehicle. 
 87.18     [EFFECTIVE DATE.] This section is effective June 1, 2001. 
 87.19     Sec. 43.  Minnesota Statutes 2000, section 169.686, 
 87.20  subdivision 1, is amended to read: 
 87.21     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
 87.22  adjusted and fastened seat belt, including both the shoulder and 
 87.23  lap belt when the vehicle is so equipped, shall be worn by: 
 87.24     (1) the driver of a passenger vehicle or commercial motor 
 87.25  vehicle; 
 87.26     (2) a passenger riding in the front seat of a passenger 
 87.27  vehicle or commercial motor vehicle; and 
 87.28     (3) a passenger riding in any seat of a passenger vehicle 
 87.29  who is older than three at least four but younger than 11 18 
 87.30  years of age. 
 87.31     (b) A person who is 15 years of age or older and who 
 87.32  violates paragraph (a), clause (1) or (2), is subject to a fine 
 87.33  of $25.  The driver of the passenger vehicle or commercial motor 
 87.34  vehicle in which the violation occurred is subject to a $25 fine 
 87.35  for a violation of paragraph (a), clause (2) or (3), by a child 
 87.36  of the driver under the age of 15 or any child under the age of 
 88.1   11.  A peace officer may not issue a citation for a violation of 
 88.2   this section unless the officer lawfully stopped or detained the 
 88.3   driver of the motor vehicle for a moving violation other than a 
 88.4   violation involving motor vehicle equipment.  The department of 
 88.5   public safety shall not record a violation of this subdivision 
 88.6   on a person's driving record.  A peace officer may only issue a 
 88.7   citation for a violation under this section and may not make a 
 88.8   custodial arrest. 
 88.9      (c) The commissioner of public safety shall determine the 
 88.10  degree to which, if at all, injuries and deaths resulting from 
 88.11  motor vehicle accidents have decreased in the one-year period 
 88.12  following August 1, 2001, as compared to the one-year period 
 88.13  preceding that date.  The commissioner shall attempt to 
 88.14  determine the degree to which, if at all, the decrease can be 
 88.15  attributed to changes made in this section.  By February 1, 
 88.16  2003, the commissioner shall report the results of this analysis 
 88.17  to the chairs and ranking minority members of the senate and 
 88.18  house committees having jurisdiction over transportation and 
 88.19  criminal justice policy. 
 88.20     (d) Beginning on August 1, 2003, a peace officer may not 
 88.21  issue a citation for a violation of this section unless the 
 88.22  officer lawfully stopped or detained the driver of the motor 
 88.23  vehicle for a moving violation other than a violation involving 
 88.24  motor vehicle equipment. 
 88.25     [EFFECTIVE DATE.] This section is effective August 1, 2001, 
 88.26  and applies to violations committed on or after that date. 
 88.27     Sec. 44.  Minnesota Statutes 2000, section 169.79, is 
 88.28  amended to read: 
 88.29     169.79 [VEHICLE REGISTRATION.] 
 88.30     (a) No person shall operate, drive, or park a motor vehicle 
 88.31  on any highway unless the vehicle is registered in accordance 
 88.32  with the laws of this state and has the number plates for the 
 88.33  current year only or permit confirming that valid registration 
 88.34  or operating authority has been obtained, except as provided in 
 88.35  sections 168.10 and 168.12, subdivision 2f, as assigned to it by 
 88.36  the commissioner of public safety, conspicuously displayed 
 89.1   thereon in a manner that the view of any plate or permit is not 
 89.2   obstructed.  A plate issued under section 168.27 or a permit 
 89.3   issued under chapter 168 may be displayed on a vehicle in 
 89.4   conjunction with expired registration whether or not it displays 
 89.5   the license plate to which the last registration was issued.  
 89.6      (b) If the vehicle is a semitrailer, the number plate 
 89.7   displayed must be assigned to the registered owner and correlate 
 89.8   to the certificate of title documentation on file with the 
 89.9   department and shall not display a year indicator.  
 89.10     (c) If the vehicle is a motorcycle, motor scooter, 
 89.11  motorized bicycle, motorcycle sidecar, trailer, semitrailer, or 
 89.12  vehicle displaying a dealer plate, one plate shall must be 
 89.13  displayed on the rear thereof of the vehicle.  
 89.14     (d) If the vehicle is (1) a collector's vehicle with a 
 89.15  pioneer, classic car, collector, or street rod license; (2) a 
 89.16  vehicle that meets the requirements of a pioneer, classic, or 
 89.17  street rod vehicle except that the vehicle is used for general 
 89.18  transportation purposes; or (3) a vehicle that is of model year 
 89.19  1972 or earlier, not registered under section 168.10, 
 89.20  subdivision 1c, and is used for general transportation purposes, 
 89.21  one plate shall must be displayed on the rear of the vehicle, or 
 89.22  one plate on the front and one on the rear, at the discretion of 
 89.23  the owner. 
 89.24     (e) If the vehicle is a truck-tractor, road-tractor or farm 
 89.25  truck, as defined in section 168.011, subdivision 17, but 
 89.26  excluding from that definition semitrailers and trailers, one 
 89.27  plate shall must be displayed on the front thereof of the 
 89.28  vehicle. 
 89.29     (f) If the motor vehicle is any kind of motor vehicle other 
 89.30  than those provided for in paragraphs (b) to (d), one plate 
 89.31  shall must be displayed on the front and one on the rear thereof 
 89.32  of the vehicle.  
 89.33     (g) All plates shall must be securely fastened so as to 
 89.34  prevent them from swinging.  The person driving the motor 
 89.35  vehicle shall keep the plate legible and unobstructed and free 
 89.36  from grease, dust, or other blurring material so that the 
 90.1   lettering shall be is plainly visible at all times.  It is 
 90.2   unlawful to cover any assigned letters and numbers or the name 
 90.3   of the state of origin of a license plate with any material 
 90.4   whatever, including any clear or colorless material that affects 
 90.5   the plate's visibility or reflectivity.  
 90.6      (h) License plates issued to vehicles registered under 
 90.7   section 168.017 must display the month of expiration in the 
 90.8   lower left corner as viewed facing the plate and the year of 
 90.9   expiration in the lower right corner as viewed facing the plate. 
 90.10  License plates issued to vehicles registered under section 
 90.11  168.127 must display either fleet registration validation 
 90.12  stickers in the lower right corner as viewed facing the plates 
 90.13  or distinctive license plates, issued by the registrar, with 
 90.14  "FLEET REG" embossed on the bottom center portion of the plate. 
 90.15     Sec. 45.  Minnesota Statutes 2000, section 169.825, 
 90.16  subdivision 11, is amended to read: 
 90.17     Subd. 11.  [GROSS WEIGHT SEASONAL INCREASES.] (a) The 
 90.18  limitations provided in this section are increased:  
 90.19     (1) by ten percent from January 1 to March 7 between the 
 90.20  dates set by the commissioner based on frost depth, each winter, 
 90.21  statewide; 
 90.22     (2) by ten percent from December 1 through December 31 
 90.23  between the dates set by the commissioner based on frost depth, 
 90.24  each winter in the zone bounded as follows:  beginning at Pigeon 
 90.25  River in the northeast corner of Minnesota; thence in a 
 90.26  southwesterly direction along the north shore of Lake Superior 
 90.27  along trunk highway No. 61 to the junction with trunk highway 
 90.28  No. 210; thence westerly along trunk highway No. 210 to the 
 90.29  junction with trunk highway No. 10; thence northwesterly along 
 90.30  trunk highway No. 10 to the Minnesota-North Dakota border; 
 90.31  thence northerly along that border to the Minnesota-Canadian 
 90.32  Border; thence easterly along said Border to Lake Superior; and 
 90.33     (3) by ten percent from the beginning of harvest to 
 90.34  November 30 each year for the movement of sugar beets, sweet 
 90.35  corn, and potatoes within an area having a 75-mile radius from 
 90.36  the field of harvest to the point of the first unloading.  The 
 91.1   commissioner shall not issue permits under this clause if to do 
 91.2   so will result in a loss of federal highway funding to the state.
 91.3      (b) The duration of a ten percent increase in load limits 
 91.4   is subject to limitation by order of the commissioner, subject 
 91.5   to implementation of springtime load restrictions, or March 7.  
 91.6      (c) When the ten percent increase is in effect, a permit is 
 91.7   required for a motor vehicle, trailer, or semitrailer 
 91.8   combination that has a gross weight in excess of 80,000 pounds, 
 91.9   an axle group weight in excess of that prescribed in subdivision 
 91.10  10, or a single axle weight in excess of 20,000 pounds and which 
 91.11  travels on interstate routes.  
 91.12     (d) In cases where gross weights in an amount less than 
 91.13  that set forth in this section are fixed, limited, or restricted 
 91.14  on a highway or bridge by or under another section of this 
 91.15  chapter, the lesser gross weight as fixed, limited, or 
 91.16  restricted may not be exceeded and must control instead of the 
 91.17  gross weights set forth in this section.  
 91.18     (e) Notwithstanding any other provision of this 
 91.19  subdivision, no vehicle may exceed a total gross vehicle weight 
 91.20  of 80,000 pounds on routes which have not been designated by the 
 91.21  commissioner under section 169.832, subdivision 11. 
 91.22     (f) The commissioner may, after determining the ability of 
 91.23  the highway structure and frost condition to support additional 
 91.24  loads, grant a permit extending seasonal increases for vehicles 
 91.25  using portions of routes falling within two miles of the 
 91.26  southern boundary of the zone described under paragraph (a), 
 91.27  clause (2). 
 91.28     Sec. 46.  Minnesota Statutes 2000, section 169.87, 
 91.29  subdivision 4, is amended to read: 
 91.30     Subd. 4.  [VEHICLE TRANSPORTING MILK, LIVESTOCK, OR 
 91.31  FEED.] (a) Until June 1, 2003, a weight restriction imposed 
 91.32  under subdivision 1 by the commissioner of transportation or a 
 91.33  local road authority, or imposed by subdivision 2, does not 
 91.34  apply to: 
 91.35     (1) a vehicle transporting milk from the point of 
 91.36  production to the point of first processing if, at the time the 
 92.1   weight restriction is exceeded, the vehicle is carrying milk 
 92.2   loaded at only one point of production; 
 92.3      (2) a vehicle delivering animal feed to a farm or other 
 92.4   livestock production facility, whether or not the feed is in a 
 92.5   raw or manufactured state; 
 92.6      (3) a vehicle transporting livestock to a farm or other 
 92.7   livestock production facility for care and rearing; or 
 92.8      (4) a vehicle transporting livestock from a farm or other 
 92.9   livestock production facility to point of slaughter. 
 92.10     (b) This subdivision does not authorize a vehicle described 
 92.11  in this subdivision to exceed a weight restriction of five tons 
 92.12  per axle by more than two tons per axle. 
 92.13     Sec. 47.  Minnesota Statutes 2000, section 170.23, is 
 92.14  amended to read: 
 92.15     170.23 [ABSTRACT; FEE; ADMISSIBLE IN EVIDENCE.] 
 92.16     The commissioner shall upon request furnish any person a 
 92.17  certified abstract of the operating record of any person subject 
 92.18  to the provisions of this chapter, and, if there shall be no 
 92.19  record of any conviction of such person of violating any law 
 92.20  relating to the operation of a motor vehicle or of any injury or 
 92.21  damage caused by such person, the commissioner shall so 
 92.22  certify.  Such abstracts shall not be admissible as evidence in 
 92.23  any action for damages or criminal proceedings arising out of a 
 92.24  motor vehicle accident.  A fee of $5 shall be paid for each such 
 92.25  abstract.  The commissioner shall permit a person to inquire 
 92.26  into the operating record of any person by means of the 
 92.27  inquiring person's own computer facilities for a fee to be 
 92.28  determined by the commissioner of at least $2 for each inquiry. 
 92.29  The commissioner shall furnish an abstract that is not certified 
 92.30  for a fee to be determined by the commissioner in an amount less 
 92.31  than the fee for a certified abstract but more than the fee for 
 92.32  an inquiry by computer.  Fees collected under this section must 
 92.33  be paid into the state treasury with 90 percent of the money 
 92.34  credited to the trunk highway driver's license account in the 
 92.35  special revenue fund and ten percent credited to the general 
 92.36  fund. 
 93.1      Sec. 48.  Minnesota Statutes 2000, section 171.05, 
 93.2   subdivision 2b, is amended to read: 
 93.3      Subd. 2b.  [INSTRUCTION PERMIT USE BY PERSON UNDER AGE 18.] 
 93.4   (a) This subdivision applies to persons who have applied for and 
 93.5   received an instruction permit under subdivision 2. 
 93.6      (b) The permit holder may, with the permit in possession, 
 93.7   operate a motor vehicle, but must be accompanied by and be under 
 93.8   the supervision of a certified driver education instructor, the 
 93.9   permit holder's parent or guardian, or another licensed driver 
 93.10  age 21 or older.  The supervisor must occupy the seat beside the 
 93.11  permit holder. 
 93.12     (c) The permit holder may operate a motor vehicle only when 
 93.13  every occupant under the age of 18 has a seat belt or child 
 93.14  passenger restraint system properly fastened.  A person who 
 93.15  violates this paragraph is subject to a fine of $25.  A peace 
 93.16  officer may not issue a citation for a violation of this 
 93.17  paragraph unless the officer lawfully stopped or detained the 
 93.18  driver of the motor vehicle for a moving violation as defined in 
 93.19  section 171.04, subdivision 1.  The commissioner shall not 
 93.20  record a violation of this paragraph on a person's driving 
 93.21  record. 
 93.22     (d) The permit holder must maintain a driving record free 
 93.23  of convictions for moving violations, as defined in section 
 93.24  171.04, subdivision 1, and free of convictions for violation of 
 93.25  section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 
 93.26  169A.53.  If the permit holder drives a motor vehicle in 
 93.27  violation of the law, the commissioner shall suspend, cancel, or 
 93.28  revoke the permit in accordance with the statutory section 
 93.29  violated. 
 93.30     [EFFECTIVE DATE.] This section is effective August 1, 2001, 
 93.31  and applies to violations committed on or after that date. 
 93.32     Sec. 49.  Minnesota Statutes 2000, section 171.055, 
 93.33  subdivision 2, is amended to read: 
 93.34     Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A provisional 
 93.35  license holder may operate a motor vehicle only when every 
 93.36  occupant under the age of 18 has a seat belt or child passenger 
 94.1   restraint system properly fastened.  A person who violates this 
 94.2   paragraph is subject to a fine of $25.  A peace officer may not 
 94.3   issue a citation for a violation of this paragraph unless the 
 94.4   officer lawfully stopped or detained the driver of the motor 
 94.5   vehicle for a moving violation as defined in section 171.04.  
 94.6   The commissioner shall not record a violation of this paragraph 
 94.7   on a person's driving record.  A peace officer may only issue a 
 94.8   citation for a violation under this section and may not make a 
 94.9   custodial arrest. 
 94.10     (b) If the holder of a provisional license during the 
 94.11  period of provisional licensing incurs (1) a conviction for a 
 94.12  violation of section 169A.20, 169A.33, 169A.35, or sections 
 94.13  169A.50 to 169A.53, (2) a conviction for a crash-related moving 
 94.14  violation, or (3) more than one conviction for a moving 
 94.15  violation that is not crash related, the person may not be 
 94.16  issued a driver's license until 12 consecutive months have 
 94.17  expired since the date of the conviction or until the person 
 94.18  reaches the age of 18 years, whichever occurs first. 
 94.19     [EFFECTIVE DATE.] This section is effective August 1, 2001, 
 94.20  and applies to violations committed on or after that date. 
 94.21     Sec. 50.  Minnesota Statutes 2000, section 171.06, 
 94.22  subdivision 2a, is amended to read: 
 94.23     Subd. 2a.  [TWO-WHEELED VEHICLE ENDORSEMENT FEE INCREASED.] 
 94.24  (a) The fee for any duplicate driver's license which is obtained 
 94.25  for the purpose of adding a two-wheeled vehicle endorsement is 
 94.26  increased by $18.50 for each first such duplicate license and 
 94.27  $13 for each renewal thereof.  The additional fee shall be paid 
 94.28  into the state treasury and credited as follows: 
 94.29     (1) $11 of the additional fee for each first duplicate 
 94.30  license, and $7 of the additional fee for each renewal, must be 
 94.31  credited to the motorcycle safety fund which is hereby created; 
 94.32  provided that any fee receipts in excess of $750,000 in a fiscal 
 94.33  year shall be credited 90 percent to the trunk highway driver's 
 94.34  license account in the special revenue fund and ten percent to 
 94.35  the general fund, as provided in section 171.26. 
 94.36     (2) The remainder of the additional fee must be credited to 
 95.1   the general fund. 
 95.2      (b) All application forms prepared by the commissioner for 
 95.3   two-wheeled vehicle endorsements shall clearly state the amount 
 95.4   of the total fee that is dedicated to the motorcycle safety fund.
 95.5      Sec. 51.  Minnesota Statutes 2000, section 171.07, 
 95.6   subdivision 1, is amended to read: 
 95.7      Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
 95.8   Upon the payment of the required fee, the department shall issue 
 95.9   to every qualifying applicant qualifying therefor a license 
 95.10  designating the type or class of vehicles the applicant is 
 95.11  authorized to drive as applied for, which.  This license shall 
 95.12  must bear thereon a distinguishing number assigned to the 
 95.13  licensee, the full name, date of birth, residence address and 
 95.14  permanent mailing address if different, a description of the 
 95.15  licensee in such manner as the commissioner deems necessary, and 
 95.16  a space upon which the licensee shall write the usual signature 
 95.17  and the date of birth of the licensee with pen and ink.  No 
 95.18  license shall be is valid until it has been so signed by the 
 95.19  licensee.  Except in the case of an instruction permit, every 
 95.20  license shall must bear thereon a colored photograph or an 
 95.21  electronically produced image of the licensee.  Every license 
 95.22  issued to an applicant under the age of 21 shall must be of a 
 95.23  distinguishing color and plainly marked "Under-21."  The 
 95.24  department shall use such process or processes in the issuance 
 95.25  of licenses that prohibits, as near as possible, the ability to 
 95.26  alter or reproduce the licenses, or prohibit the ability to 
 95.27  superimpose a photograph or electronically produced image on 
 95.28  such the licenses, without ready detection.  A license issued to 
 95.29  an applicant of age 65 or over shall must be plainly marked 
 95.30  "senior" if requested by the applicant. 
 95.31     Sec. 52.  Minnesota Statutes 2000, section 171.07, 
 95.32  subdivision 11, is amended to read: 
 95.33     Subd. 11.  [STANDBY OR TEMPORARY CUSTODIAN.] (a) Upon the 
 95.34  written request of the applicant and upon payment of an 
 95.35  additional fee of $3.50, the department shall issue a driver's 
 95.36  license or Minnesota identification card bearing a symbol or 
 96.1   other appropriate identifier indicating that the license holder 
 96.2   has appointed an individual to serve as a standby or temporary 
 96.3   custodian under chapter 257B. 
 96.4      (b) The request must be accompanied by a copy of the 
 96.5   designation executed under section 257B.04. 
 96.6      (c) The department shall maintain a computerized records 
 96.7   system of all persons listed as standby or temporary custodians 
 96.8   by driver's license and identification card applicants.  This 
 96.9   data shall be released to appropriate law enforcement agencies 
 96.10  under section 13.69.  Upon a parent's request and payment of a 
 96.11  fee of $3.50, the department shall revise its list of standby or 
 96.12  temporary custodians to reflect a change in the appointment. 
 96.13     (d) At the request of the license or card holder, the 
 96.14  department shall cancel the standby or temporary custodian 
 96.15  indication without additional charge.  However, this paragraph 
 96.16  does not prohibit a fee that may be applicable for a duplicate 
 96.17  or replacement license or card, renewal of a license, or other 
 96.18  service applicable to a driver's license or identification card. 
 96.19     (e) Notwithstanding sections 13.08, subdivision 1, and 
 96.20  13.69, the department and department employees are conclusively 
 96.21  presumed to be acting in good faith when employees rely on 
 96.22  statements made, in person or by telephone, by persons 
 96.23  purporting to be law enforcement and subsequently release 
 96.24  information described in paragraph (b).  When acting in good 
 96.25  faith, the department and department personnel are immune from 
 96.26  civil liability and not subject to suit for damages resulting 
 96.27  from the release of this information. 
 96.28     (f) The department and its employees: 
 96.29     (1) have no duty to inquire or otherwise determine whether 
 96.30  a designation submitted under this subdivision is legally valid 
 96.31  and enforceable; and 
 96.32     (2) are immune from all civil liability and not subject to 
 96.33  suit for damages resulting from a claim that the designation was 
 96.34  not legally valid and enforceable. 
 96.35     (g) Of the fees received by the department under this 
 96.36  subdivision: 
 97.1      (1) Up to $111,000 received in fiscal year 1997 and up to 
 97.2   $61,000 received in subsequent fiscal years must be deposited in 
 97.3   the general fund. 
 97.4      (2) All other fees must be deposited in the trunk highway 
 97.5   driver's license account in the special revenue fund. 
 97.6      Sec. 53.  Minnesota Statutes 2000, section 171.12, 
 97.7   subdivision 6, is amended to read: 
 97.8      Subd. 6.  [CERTAIN CONVICTIONS NOT RECORDED.] (a) The 
 97.9   department shall not keep on the record of a driver any 
 97.10  conviction for a violation of section 169.14, subdivision 2, 
 97.11  paragraph (a), clause (3), unless the violation consisted of a 
 97.12  speed greater than ten miles per hour in excess of the lawful 
 97.13  speed. 
 97.14     (b) The department shall not keep on the record of a driver 
 97.15  a conviction for failure to obey traffic signals if the record 
 97.16  of conviction indicates that the conviction was obtained through 
 97.17  the use of photographic evidence. 
 97.18     [EFFECTIVE DATE.] This section is effective August 1, 2001. 
 97.19     Sec. 54.  Minnesota Statutes 2000, section 171.13, 
 97.20  subdivision 6, is amended to read: 
 97.21     Subd. 6.  [INITIAL MOTORCYCLE ENDORSEMENT FEE.] A person 
 97.22  applying for an initial motorcycle endorsement on a driver's 
 97.23  license shall pay at the place of examination a total fee of 
 97.24  $21, which includes the examination fee and endorsement fee, but 
 97.25  does not include the fee for a duplicate driver's license 
 97.26  prescribed in section 171.06, subdivision 2.  Of this amount, 
 97.27  $11 must be credited as provided in section 171.06, subdivision 
 97.28  2a, paragraph (a), clause (1), $2.50 must be credited to 
 97.29  the trunk highway driver's license account in the special 
 97.30  revenue fund, and the remainder must be credited to the general 
 97.31  fund. 
 97.32     Sec. 55.  Minnesota Statutes 2000, section 171.183, 
 97.33  subdivision 1, is amended to read: 
 97.34     Subdivision 1.  [REQUIREMENTS.] For the purposes of 
 97.35  sections 171.182 to 171.184, a judgment is satisfied if:  
 97.36     (1) $25,000 $30,000 has been credited upon any judgment or 
 98.1   judgments rendered in excess of that amount because of bodily 
 98.2   injury to or death of one person as the result of any one 
 98.3   accident; 
 98.4      (2) subject to the limit of $25,000 $30,000 because of 
 98.5   bodily injury to or death of one person, the sum 
 98.6   of $50,000 $60,000 has been credited upon any judgment or 
 98.7   judgments rendered in excess of that amount because of bodily 
 98.8   injury to or death of two or more persons as the result of any 
 98.9   one accident; or 
 98.10     (3) $10,000 has been credited upon any judgment or 
 98.11  judgments rendered in excess of that amount because of damage to 
 98.12  or destruction of property of others as a result of any one 
 98.13  accident. 
 98.14     Sec. 56.  Minnesota Statutes 2000, section 171.185, is 
 98.15  amended to read: 
 98.16     171.185 [COSTS PAID FROM TRUNK HIGHWAY FUND DRIVER'S 
 98.17  LICENSE ACCOUNT.] 
 98.18     All costs incurred by the commissioner in carrying out the 
 98.19  provisions of sections 171.182 to 171.184 shall be paid from the 
 98.20  trunk highway driver's license account in the special revenue 
 98.21  fund.  
 98.22     Sec. 57.  Minnesota Statutes 2000, section 171.26, is 
 98.23  amended to read: 
 98.24     171.26 [DRIVER'S LICENSE ACCOUNT; MONEY CREDITED TO FUNDS 
 98.25  AND APPROPRIATED.] 
 98.26     (a) The driver's license account is created in the special 
 98.27  revenue fund.  Money credited to this account may be 
 98.28  appropriated to the commissioner of public safety for the 
 98.29  purpose of providing driver's license and other related services 
 98.30  as authorized under this chapter. 
 98.31     (b) All money received under this chapter must be paid into 
 98.32  the state treasury and credited to the trunk highway driver's 
 98.33  license account in the special revenue fund, except as provided 
 98.34  in sections 171.06, subdivision 2a; 171.07, subdivision 11, 
 98.35  paragraph (g); 171.12, subdivision 8; and 171.29, subdivision 2, 
 98.36  paragraph (b). 
 99.1      (c) A sum sufficient is appropriated annually from the 
 99.2   driver's license account to pay the costs of mailing driver's 
 99.3   license renewal notices and producing and mailing driver's 
 99.4   licenses, permits, and identification cards.  Beginning in 2002, 
 99.5   the commissioner shall submit to the commissioner of finance, 
 99.6   with copies to the chairs of the senate and house of 
 99.7   representatives committees having jurisdiction over 
 99.8   transportation finance, by October 15, an audited report 
 99.9   summarizing expenditures under this paragraph for the previous 
 99.10  fiscal year and projections for the current fiscal year. 
 99.11     Sec. 58.  Minnesota Statutes 2000, section 171.29, 
 99.12  subdivision 2, is amended to read: 
 99.13     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
 99.14  license has been revoked as provided in subdivision 1, except 
 99.15  under section 169A.52 or 169A.54, shall pay a $30 fee before the 
 99.16  driver's license is reinstated. 
 99.17     (b) A person whose driver's license has been revoked as 
 99.18  provided in subdivision 1 under section 169A.52 or 169A.54 shall 
 99.19  pay a $250 fee plus a $40 surcharge before the driver's license 
 99.20  is reinstated.  The $250 fee is to be credited as follows: 
 99.21     (1) Twenty percent must be credited to the trunk highway 
 99.22  driver's license account in the special revenue fund. 
 99.23     (2) Fifty-five percent must be credited to the general fund.
 99.24     (3) Eight percent must be credited to a separate account to 
 99.25  be known as the bureau of criminal apprehension account.  Money 
 99.26  in this account may be appropriated to the commissioner of 
 99.27  public safety and the appropriated amount must be apportioned 80 
 99.28  percent for laboratory costs and 20 percent for carrying out the 
 99.29  provisions of section 299C.065. 
 99.30     (4) Twelve percent must be credited to a separate account 
 99.31  to be known as the alcohol-impaired driver education account.  
 99.32  Money in the account is appropriated as follows: 
 99.33     (i) the first $200,000 in a fiscal year to the commissioner 
 99.34  of children, families, and learning for programs for elementary 
 99.35  and secondary school students; and 
 99.36     (ii) the remainder credited in a fiscal year to the 
100.1   commissioner of transportation to be spent as grants to the 
100.2   Minnesota highway safety center at St. Cloud State University to 
100.3   the commissioner of public safety for grants to the Minnesota 
100.4   safety council for programs relating to alcohol and highway 
100.5   safety education in elementary and secondary schools. 
100.6      (5) Five percent must be credited to a separate account to 
100.7   be known as the traumatic brain injury and spinal cord injury 
100.8   account.  The money in the account is annually appropriated to 
100.9   the commissioner of health to be used as follows:  35 percent 
100.10  for a contract with a qualified community-based organization to 
100.11  provide information, resources, and support to assist persons 
100.12  with traumatic brain injury and their families to access 
100.13  services, and 65 percent to maintain the traumatic brain injury 
100.14  and spinal cord injury registry created in section 144.662.  For 
100.15  the purposes of this clause, a "qualified community-based 
100.16  organization" is a private, not-for-profit organization of 
100.17  consumers of traumatic brain injury services and their family 
100.18  members.  The organization must be registered with the United 
100.19  States Internal Revenue Service under section 501(c)(3) as a 
100.20  tax-exempt organization and must have as its purposes:  
100.21     (i) the promotion of public, family, survivor, and 
100.22  professional awareness of the incidence and consequences of 
100.23  traumatic brain injury; 
100.24     (ii) the provision of a network of support for persons with 
100.25  traumatic brain injury, their families, and friends; 
100.26     (iii) the development and support of programs and services 
100.27  to prevent traumatic brain injury; 
100.28     (iv) the establishment of education programs for persons 
100.29  with traumatic brain injury; and 
100.30     (v) the empowerment of persons with traumatic brain injury 
100.31  through participation in its governance. 
100.32  No patient's name, identifying information or identifiable 
100.33  medical data will be disclosed to the organization without the 
100.34  informed voluntary written consent of the patient or patient's 
100.35  guardian, or if the patient is a minor, of the parent or 
100.36  guardian of the patient. 
101.1      (c) The $40 surcharge must be credited to a separate 
101.2   account to be known as the remote electronic alcohol monitoring 
101.3   program account.  The commissioner shall transfer the balance of 
101.4   this account to the commissioner of finance on a monthly basis 
101.5   for deposit in the general fund. 
101.6      (d) When these fees are collected by a licensing agent, 
101.7   appointed under section 171.061, a handling charge is imposed in 
101.8   the amount specified under section 171.061, subdivision 4.  The 
101.9   reinstatement fees and surcharge must be deposited in an 
101.10  approved state depository as directed under section 171.061, 
101.11  subdivision 4. 
101.12     Sec. 59.  Minnesota Statutes 2000, section 171.36, is 
101.13  amended to read: 
101.14     171.36 [LICENSE RENEWAL; FEES; PROCEEDS TO TRUNK HIGHWAY 
101.15  SPECIAL REVENUE FUND.] 
101.16     All licenses shall expire one year from date of issuance 
101.17  and may be renewed upon application to the commissioner.  Each 
101.18  application for an original or renewal school license shall be 
101.19  accompanied by a fee of $150 and each application for an 
101.20  original or renewal instructor's license shall be accompanied by 
101.21  a fee of $50.  The license fees collected under sections 171.33 
101.22  to 171.41 shall be paid into the trunk highway driver's license 
101.23  account in the special revenue fund.  No license fee shall be 
101.24  refunded in the event that the license is rejected or revoked. 
101.25     Sec. 60.  Minnesota Statutes 2000, section 171.39, is 
101.26  amended to read: 
101.27     171.39 [EXEMPTIONS.] 
101.28     (a) The provisions of sections 171.33 to 171.41 shall do 
101.29  not apply: to any person giving driver training lessons without 
101.30  charge; to employers maintaining driver training schools without 
101.31  charge for their employees only; to a home-school within the 
101.32  meaning of sections 120A.22 and 120A.24; or to schools or 
101.33  classes conducted by colleges, universities, and high schools as 
101.34  a part of the normal program for such those institutions; nor to 
101.35  those schools or persons described in section 171.05, 
101.36  subdivision 2.  
102.1      (b) Any person who is a certificated driver training 
102.2   instructor in a high school driver training program may give 
102.3   driver training instruction to persons over the age of 18 
102.4   without acquiring a driver training school license or 
102.5   instructor's license, and such those instructors may make a 
102.6   charge for that instruction, if there is no private commercial 
102.7   driver training school licensed under this statute sections 
102.8   171.33 to 171.41 within ten miles of the municipality where such 
102.9   driver training instruction is given and there is no adult 
102.10  drivers training program in effect in the schools of the school 
102.11  district in which the trainee resides. 
102.12     Sec. 61.  [174.026] [PAVEMENT STRIPING.] 
102.13     The commissioner of transportation may bill highway 
102.14  maintenance operating units of the department and local road 
102.15  authorities for the costs of a centrally managed pavement 
102.16  marking program.  Such costs may include equipment acquisition 
102.17  and rental, labor, materials, and other costs as determined by 
102.18  the commissioner.  Receipts must be credited to a special 
102.19  account which is established in the trunk highway fund and are 
102.20  appropriated to the commissioner to pay the costs for which the 
102.21  billings are made.  Amounts credited to the account are exempt 
102.22  from statewide and agency indirect costs payments.  
102.23     Sec. 62.  Minnesota Statutes 2000, section 174.03, is 
102.24  amended by adding a subdivision to read: 
102.25     Subd. 2a.  [HIGHWAY SPENDING IN METROPOLITAN DISTRICT.] In 
102.26  any year during the period of imposition of the taxes authorized 
102.27  in section 473.922, subdivisions 4 and 5, and exclusive of the 
102.28  expenditure of these revenues, (1) the percentage of total trunk 
102.29  highway fund expenditures attributable to projects in the 
102.30  metropolitan district may not vary more than two percentage 
102.31  points from the average of the previous five years of trunk 
102.32  highway fund metropolitan district expenditures and (2) of the 
102.33  additional trunk highway funds made available by the tax 
102.34  revenues collected under section 473.922, subdivisions 4 and 5, 
102.35  no less than $100,000,000 must be spent in each of the counties 
102.36  of Anoka, Carver, Dakota, Scott, and Washington during the 
103.1   period of imposition of these taxes.  The commissioner must let 
103.2   each project funded as described in this clause no later than 
103.3   June 30, 2011. 
103.4      Sec. 63.  Minnesota Statutes 2000, section 174.24, 
103.5   subdivision 3b, is amended to read: 
103.6      Subd. 3b.  [OPERATING ASSISTANCE.] (a) The commissioner 
103.7   shall determine the total operating cost of any public transit 
103.8   system receiving or applying for assistance in accordance with 
103.9   generally accepted accounting principles.  To be eligible for 
103.10  financial assistance, an applicant or recipient shall provide to 
103.11  the commissioner all financial records and other information and 
103.12  shall permit any inspection reasonably necessary to determine 
103.13  total operating cost and correspondingly the amount of 
103.14  assistance which may be paid to the applicant or recipient.  
103.15  Where more than one county or municipality contributes 
103.16  assistance to the operation of a public transit system, the 
103.17  commissioner shall identify one as lead agency for the purpose 
103.18  of receiving moneys money under this section.  
103.19     (b) Prior to distributing operating assistance to eligible 
103.20  recipients for any contract period, the commissioner shall place 
103.21  all recipients into one of the following classifications:  large 
103.22  urbanized area service, urbanized area service, small urban area 
103.23  service, rural area service, and elderly and handicapped 
103.24  service.  The commissioner shall distribute funds under this 
103.25  section so that the percentage of total operating cost paid by 
103.26  any recipient from local sources will not exceed the percentage 
103.27  for that recipient's classification, except as provided in an 
103.28  undue hardship case.  The percentages shall must be:  for large 
103.29  urbanized area service, 50 percent; for urbanized area service 
103.30  and small urban area service, 40 percent; for rural area 
103.31  service, 35 percent; and for elderly and handicapped service, 35 
103.32  percent.  The remainder of the total operating cost will be paid 
103.33  from state funds less any assistance received by the recipient 
103.34  from any federal source.  For purposes of this subdivision 
103.35  "local sources" means all local sources of funds and includes 
103.36  all operating revenue, tax levies, and contributions from public 
104.1   funds, except that the commissioner may exclude from the total 
104.2   assistance contract revenues derived from operations the cost of 
104.3   which is excluded from the computation of total operating cost.  
104.4   Total operating costs of the Duluth transit authority shall not 
104.5   include costs related to the Superior, Wisconsin service 
104.6   contract and the school bus service contract.  
104.7      (c) If a recipient informs the commissioner in writing 
104.8   after the establishment of these percentages but prior to the 
104.9   distribution of financial assistance for any year that paying 
104.10  its designated percentage of total operating cost from local 
104.11  sources will cause undue hardship, the commissioner may reduce 
104.12  the percentage to be paid from local sources by the recipient 
104.13  and increase the percentage to be paid from local sources by one 
104.14  or more other recipients inside or outside the classification, 
104.15  provided that no recipient shall have its percentage thus 
104.16  reduced or increased for more than two years successively.  If 
104.17  for any year the funds appropriated to the commissioner to carry 
104.18  out the purposes of this section are insufficient to allow the 
104.19  commissioner to pay the state share of total operating cost as 
104.20  provided in this paragraph, the commissioner shall reduce the 
104.21  state share in each classification to the extent necessary. 
104.22     Sec. 64.  Minnesota Statutes 2000, section 174.32, 
104.23  subdivision 5, is amended to read: 
104.24     Subd. 5.  [ELIGIBLE ACTIVITY EXPENDITURES FROM 
104.25  FUND.] Activities eligible for assistance under the program 
104.26  include but are not limited to: 
104.27     (1) planning and engineering design for transit services; 
104.28     (2) capital assistance to purchase or refurbish transit 
104.29  vehicles, purchase rail lines and associated facilities for 
104.30  light rail transit, purchase rights-of-way, and other capital 
104.31  expenditures necessary to provide a transit service; and 
104.32     (3) other assistance for public transit services.  Money in 
104.33  the transit assistance fund may be spent by law only for 
104.34  operating assistance.  
104.35     [EFFECTIVE DATE.] This section is effective July 1, 2003.  
104.36     Sec. 65.  Minnesota Statutes 2000, section 174.35, is 
105.1   amended to read: 
105.2      174.35 [LIGHT RAIL TRANSIT.] 
105.3      The commissioner of transportation may exercise the powers 
105.4   granted in this chapter and chapter 473, as necessary, to plan, 
105.5   design, acquire, construct, and equip light rail transit 
105.6   facilities in the metropolitan area as defined in section 
105.7   473.121, subdivision 2.  The commissioner shall not spend state 
105.8   funds to study light rail transit unless the funds are 
105.9   appropriated in legislation that identifies the origin and 
105.10  destination between which the proposed route to be studied would 
105.11  be established. 
105.12     Sec. 66.  [174.52] [LOCAL ROAD IMPROVEMENT FUND.] 
105.13     Subdivision 1.  [FUND CREATED.] A local road improvement 
105.14  fund is created in the state treasury.  The fund consists of 
105.15  money transferred to the fund through appropriation, gift, or 
105.16  grant.  Money in the fund is annually appropriated to the 
105.17  commissioner for expenditure as specified in this section. 
105.18     Subd. 2.  [ADVISORY COMMITTEE.] The commissioner of 
105.19  transportation shall annually consult with a local road 
105.20  improvement advisory committee concerning criteria for 
105.21  expenditure and allocations from the fund.  The advisory 
105.22  committee consists of 11 members appointed as follows: 
105.23     (1) three representatives appointed by the commissioner, 
105.24  one of whom shall be designated as the chair of the advisory 
105.25  committee; 
105.26     (2) two representatives appointed by the association of 
105.27  Minnesota counties, of which one must represent a county in the 
105.28  metropolitan area; 
105.29     (3) two representatives of cities with a population under 
105.30  5,000 appointed by the league of Minnesota cities, of which one 
105.31  must represent a city in the metropolitan area; 
105.32     (4) two representatives of cities with a population of 
105.33  5,000 and over, appointed by the league of Minnesota cities, of 
105.34  which one must represent a city in the metropolitan area; and 
105.35     (5) two representatives appointed by the Minnesota township 
105.36  association. 
106.1   The committee shall by September 1, 2001, establish criteria for 
106.2   making grants from the fund and a process for cities, counties, 
106.3   and townships to apply for grants.  The committee must award at 
106.4   least 50 percent of the funds to local projects by December 15, 
106.5   2001. 
106.6      Subd. 3.  [TRUNK HIGHWAY CORRIDOR ACCOUNT.] (a) A trunk 
106.7   highway corridor account is established in the local road 
106.8   improvement fund.  Money in the account must be used as grants 
106.9   to cities, towns, and counties to assist in paying the local 
106.10  share of projects that: 
106.11     (1) involve the reconstruction or improvement of a trunk 
106.12  highway; 
106.13     (2) have local costs that are not funded, or are only 
106.14  partially funded with other state and federal funds; and 
106.15     (3) where the local share of the costs are directly or 
106.16  partially related to the trunk highway improvement. 
106.17     (b) A city, county, or town is eligible to receive a grant 
106.18  from the trunk highway corridor account for the amount of the 
106.19  project costs that exceed: 
106.20     (1) three percent of the city, county, or town's adjusted 
106.21  net tax capacity in the previous calendar year; plus 
106.22     (2) ten percent of any county or municipal state-aid 
106.23  allocation received in the previous fiscal year. 
106.24  In making allocations from the trunk highway corridor account, 
106.25  the advisory committee must give priority to projects that 
106.26  involve the relocation of municipally owned utilities that have 
106.27  a remaining useful life of at least five years. 
106.28     Subd. 4.  [LOCAL ROAD DEVELOPMENT ACCOUNT.] A local road 
106.29  development account is established in the local road improvement 
106.30  fund.  Money in the account must be used as grants to cities, 
106.31  towns, and counties to assist in paying the costs of 
106.32  constructing or reconstructing local roads.  To be eligible for 
106.33  allocation from the local road development account, projects 
106.34  must meet at least one of the following criteria: 
106.35     (1) the local road is of regional significance and connects 
106.36  to the regional roadway system; 
107.1      (2) the project is designated to receive federal funds; 
107.2      (3) the project is part of a larger economic development or 
107.3   redevelopment effort; 
107.4      (4) the local road serves as a farm-to-market corridor; 
107.5      (5) the local road serves as a tourism route through a 
107.6   national forest; or 
107.7      (6) the project is for the construction of a regional trail 
107.8   along a trunk highway or local roads. 
107.9      Subd. 5.  [SMALL CITIES AND TOWNS ACCOUNT.] A small cities 
107.10  and towns account is established in the local road development 
107.11  fund.  Money in the account must be used as grants to cities 
107.12  with a population under 5,000 to assist in paying costs related 
107.13  to maintenance and construction of the local road system and to 
107.14  towns to assist in paying costs related to maintenance 
107.15  snowplowing costs and reconstruction costs necessitated by 
107.16  severe weather or natural disaster.  In making allocations from 
107.17  the small cities and towns account, the advisory committee must 
107.18  establish criteria that at a minimum considers the population 
107.19  and street mileage within the city and town. 
107.20     Subd. 6.  [NOISE WALL ACCOUNT.] A noise wall account is 
107.21  established in the local road development fund.  Money in the 
107.22  account must be used as grants to cities, towns, and counties to 
107.23  assist in paying the cost of constructing a noise wall along a 
107.24  trunk highway.  In making allocations from the noise wall 
107.25  account, the advisory committee must give priority to projects 
107.26  that provide local matching funds for at least one-third of the 
107.27  project costs. 
107.28     Sec. 67.  Minnesota Statutes 2000, section 174.70, 
107.29  subdivision 2, is amended to read: 
107.30     Subd. 2.  [IMPLEMENTATION.] In order to facilitate 
107.31  construction and maintenance of the initial backbone of the the 
107.32  state's communications system described in subdivision 1 systems 
107.33  and to reduce the proliferation of communications towers, the 
107.34  commissioner shall may, by purchase, lease, gift, exchange, or 
107.35  other means, obtain sites for the erection of towers and the 
107.36  location of equipment and shall may construct buildings and 
108.1   structures needed for developing the system state's 
108.2   communications systems.  The commissioner may negotiate with 
108.3   commercial wireless service providers and other tower owners to 
108.4   obtain sites, towers, and equipment.  Notwithstanding sections 
108.5   161.433, 161.434, 161.45, and 161.46, the commissioner may by 
108.6   agreement lease, allow, or permit commercial wireless service 
108.7   providers or other tower owners to install privately owned 
108.8   equipment on state-owned lands, buildings, and other structures 
108.9   under the jurisdiction of the commissioner when it is practical 
108.10  and feasible to do so.  The commissioner shall annually publish 
108.11  a list of state-owned tower sites that are available to 
108.12  commercial wireless service providers and other tower owners for 
108.13  installation of their equipment on a first-come, first-served 
108.14  basis for each tower or site.  The commissioner may not make 
108.15  agreements that grant the exclusive use of towers.  After the 
108.16  commissioner has agreed to make space available on a specific 
108.17  tower or at a specific site, the commissioner shall charge a 
108.18  site use fee for the value of the real property or structure 
108.19  made available.  In lieu of a site use fee, the commissioner may 
108.20  make agreements with commercial wireless service providers or 
108.21  other tower owners to place state equipment on privately owned 
108.22  towers and may accept (1) improvements such as tower 
108.23  reinforcement, reconstruction, site development, or other site 
108.24  improvements to state-owned the state's public safety 
108.25  communications system facilities or real or personal property, 
108.26  or (2) services provided by a commercial wireless service 
108.27  provider.  This section is not intended to create a right to 
108.28  install privately owned towers on the trunk highway right-of-way.
108.29     [EFFECTIVE DATE.] This section is effective the day 
108.30  following final enactment. 
108.31     Sec. 68.  Minnesota Statutes 2000, section 174.70, 
108.32  subdivision 3, is amended to read: 
108.33     Subd. 3.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
108.34  under subdivision 2 must be deposited in the trunk highway 
108.35  fund.  The fees so collected are appropriated to the 
108.36  commissioner to pay for the commissioner's share and state 
109.1   patrol's share of the costs of constructing developing and 
109.2   maintaining the communication system sites communications 
109.3   systems that serve state agencies. 
109.4      [EFFECTIVE DATE.] This section is effective the day 
109.5   following final enactment. 
109.6      Sec. 69.  Minnesota Statutes 2000, section 174.88, 
109.7   subdivision 2, is amended to read: 
109.8      Subd. 2.  [EXPENDITURE OF STATE FUNDS.] The commissioner 
109.9   shall not spend any state funds for construction or equipment of 
109.10  commuter rail facilities unless the funds have been appropriated 
109.11  by law specifically for those purposes.  The commissioner shall 
109.12  not spend state funds to study commuter rail unless the funds 
109.13  are appropriated in legislation that identifies the origin and 
109.14  destination between which the proposed route to be studied would 
109.15  be established. 
109.16     Sec. 70.  [174.92] [WHISTLE-BLOWING.] 
109.17     Subject to applicable federal law and regulations, a city, 
109.18  town, or county may prohibit whistle-blowing within one-half 
109.19  mile of a commuter rail station. 
109.20     Sec. 71.  [219.166] [ESTABLISHMENT OF QUIET ZONES.] 
109.21     A county, statutory or home rule charter city, or town may 
109.22  by ordinance establish a defined "quiet zone" in which the 
109.23  sounding of horns, whistles, or other audible warnings by 
109.24  locomotives is regulated or prohibited.  A quiet zone 
109.25  established under this section must consist of at least one-half 
109.26  mile of railroad right-of-way.  All quiet zones, regulations, 
109.27  and ordinances adopted under this section must conform to 
109.28  federal law and the regulations of the Federal Railroad 
109.29  Administration. 
109.30     Sec. 72.  Minnesota Statutes 2000, section 297B.09, 
109.31  subdivision 1, is amended to read: 
109.32     Subdivision 1.  [GENERAL FUND SHARE DEPOSIT OF REVENUES.] 
109.33  Money collected and received under this chapter must be 
109.34  deposited as provided in this subdivision.  
109.35     Thirty-two percent of the money collected and received must 
109.36  be deposited in the highway user tax distribution fund, 18 
110.1   percent of the money collected and received must be deposited in 
110.2   the transit assistance fund, and the remaining 68 50 percent of 
110.3   the money must be deposited in the general fund.  
110.4      [EFFECTIVE DATE.] This section is effective July 1, 2003.  
110.5      Sec. 73.  Minnesota Statutes 2000, section 299A.01, 
110.6   subdivision 1b, is amended to read: 
110.7      Subd. 1b.  [DEPARTMENT ADVERTISING SALES; APPROPRIATION.] 
110.8   The commissioner may accept paid advertising for departmental 
110.9   publications, media productions, or other informational 
110.10  materials.  Advertising revenues received are appropriated to 
110.11  the commissioner to be used to defray costs of publications, 
110.12  media productions, or other informational materials.  The 
110.13  commissioner may not accept paid advertising from an elected 
110.14  official or candidate for elective office. 
110.15     [EFFECTIVE DATE.] This section is effective the day 
110.16  following final enactment. 
110.17     Sec. 74.  Minnesota Statutes 2000, section 299D.03, 
110.18  subdivision 5, is amended to read: 
110.19     Subd. 5.  [FINES AND FORFEITED BAIL MONEY.] (a) All fines 
110.20  and forfeited bail money, from traffic and motor vehicle law 
110.21  violations, collected from persons apprehended or arrested by 
110.22  officers of the state patrol, shall be paid by the person or 
110.23  officer collecting the fines, forfeited bail money or 
110.24  installments thereof, on or before the tenth day after the last 
110.25  day of the month in which these moneys were collected, to the 
110.26  county treasurer of the county where the violation occurred.  
110.27  Three-eighths of these receipts shall be credited to the general 
110.28  revenue fund of the county, except that in a county in a 
110.29  judicial district under section 480.181, subdivision 1, 
110.30  paragraph (b), as added in Laws 1999, chapter 216, article 7, 
110.31  section 26, this three-eighths share must be transmitted to the 
110.32  state treasurer for deposit in the state treasury and credited 
110.33  to the general fund.  The other five-eighths of these receipts 
110.34  shall be transmitted by that officer to the state treasurer and 
110.35  shall be credited as follows: 
110.36     (1) In the fiscal year ending June 30, 1991, the first 
111.1   $275,000 in money received by the state treasurer after June 4, 
111.2   1991, must be credited to the transportation services fund, and 
111.3   the remainder in the fiscal year credited to the trunk highway 
111.4   fund. 
111.5      (2) In fiscal year 1992, the first $215,000 in money 
111.6   received by the state treasurer in the fiscal year must be 
111.7   credited to the transportation services fund, and the remainder 
111.8   credited to the trunk highway fund. 
111.9      (3) In fiscal year 1993 and subsequent years, the entire 
111.10  amount received by the state treasurer must be credited 9/16 to 
111.11  the trunk highway fund and 1/16 to the trooper training account 
111.12  created in subdivision 6a.  If, however, the violation occurs 
111.13  within a municipality and the city attorney prosecutes the 
111.14  offense, and a plea of not guilty is entered, one-third of the 
111.15  receipts shall be credited to the general revenue fund of the 
111.16  county, one-third of the receipts shall be paid to the 
111.17  municipality prosecuting the offense, and one-third shall be 
111.18  transmitted to the state treasurer as provided in this 
111.19  subdivision and credited to the trunk highway fund.  All costs 
111.20  of participation in a nationwide police communication system 
111.21  chargeable to the state of Minnesota shall be paid from 
111.22  appropriations for that purpose. 
111.23     (b) Notwithstanding any other provisions of law, all fines 
111.24  and forfeited bail money from violations of statutes governing 
111.25  the maximum weight of motor vehicles, collected from persons 
111.26  apprehended or arrested by employees of the state of Minnesota, 
111.27  by means of stationary or portable scales operated by these 
111.28  employees, shall be paid by the person or officer collecting the 
111.29  fines or forfeited bail money, on or before the tenth day after 
111.30  the last day of the month in which the collections were made, to 
111.31  the county treasurer of the county where the violation 
111.32  occurred.  Five-eighths of these receipts shall be transmitted 
111.33  by that officer to the state treasurer and shall be credited to 
111.34  the highway user tax distribution fund.  Three-eighths of these 
111.35  receipts shall be credited to the general revenue fund of the 
111.36  county, except that in a county in a judicial district under 
112.1   section 480.181, subdivision 1, paragraph (b), as added in Laws 
112.2   1999, chapter 216, article 7, section 26, this three-eighths 
112.3   share must be transmitted to the state treasurer for deposit in 
112.4   the state treasury and credited to the general fund. 
112.5      Sec. 75.  Minnesota Statutes 2000, section 299D.03, 
112.6   subdivision 6, is amended to read: 
112.7      Subd. 6.  [TRAINING PROGRAM.] The commissioner of public 
112.8   safety may provide training programs for the purpose of 
112.9   obtaining qualified personnel for the state patrol.  Persons 
112.10  accepted by the commissioner of public safety for training under 
112.11  this training program shall be designated state patrol trainees 
112.12  and shall receive a salary not to exceed 70 percent of the basic 
112.13  salary for patrol officers as prescribed in subdivision 2, 
112.14  during the period of the training.  Nothing contained in this 
112.15  subdivision shall be construed to prevent the commissioner of 
112.16  public safety from providing in-service training programs for 
112.17  state patrol officers.  The commissioner of transportation shall 
112.18  furnish the commissioner of public safety with lands and 
112.19  buildings necessary in providing in-service training programs 
112.20  and the department of public safety shall reimburse the 
112.21  department of transportation for all reasonable costs incurred 
112.22  due to the provision of these training facilities.  All costs 
112.23  related to in-service training programs for existing state 
112.24  patrol troopers shall first be paid by the commissioner from 
112.25  money in the trooper training account created in subdivision 6a 
112.26  to the extent that funds are available in the account. 
112.27     Sec. 76.  Minnesota Statutes 2000, section 299D.03, is 
112.28  amended by adding a subdivision to read: 
112.29     Subd. 6a.  [TROOPER TRAINING ACCOUNT.] A trooper training 
112.30  account is created in the special revenue fund.  The account 
112.31  receives fines credited under subdivision 5 and other money as 
112.32  specified by law.  All funds in the account are annually 
112.33  appropriated to the commissioner of public safety to be used for 
112.34  in-service training programs for existing state patrol 
112.35  troopers.  The commissioner, as part of the department's 
112.36  biennial budget, shall provide information on revenues deposited 
113.1   in the account, past and proposed uses of the account, and the 
113.2   available account balance. 
113.3      Sec. 77.  Minnesota Statutes 2000, section 299M.10, is 
113.4   amended to read: 
113.5      299M.10 [MONEY CREDITED TO GENERAL SPECIAL REVENUE FUND; 
113.6   APPROPRIATION.] 
113.7      (a) The fees and penalties collected under this chapter, 
113.8   except as provided in section 299M.07, must be deposited in the 
113.9   state treasury and credited to the general a state fire marshal 
113.10  account in the special revenue fund. 
113.11     (b) Money received by the state fire marshal division in 
113.12  the form of gifts, grants, reimbursements, or appropriation from 
113.13  any source for the administration of this chapter must also be 
113.14  deposited in the state treasury and credited to the general a 
113.15  state fire marshal account in the special revenue fund. 
113.16     (c) All money in the state fire marshal account is annually 
113.17  appropriated to the commissioner for purposes of administering 
113.18  this chapter. 
113.19     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
113.20     Sec. 78.  Minnesota Statutes 2000, section 299M.11, 
113.21  subdivision 5, is amended to read: 
113.22     Subd. 5.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
113.23  under this section must be deposited in the state treasury and 
113.24  credited to the general a state fire marshal account in the 
113.25  special revenue fund.  All money in the state fire marshal 
113.26  account is annually appropriated to the commissioner for 
113.27  purposes of administering this chapter. 
113.28     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
113.29     Sec. 79.  Minnesota Statutes 2000, section 446A.085, is 
113.30  amended to read: 
113.31     446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 
113.32     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
113.33  section, the terms defined in this subdivision have the meanings 
113.34  given them. 
113.35     (a)  [ACT.] (b) "Act" means the National Highway System 
113.36  Designation Act of 1995, Public Law Number 104-59, as amended. 
114.1      (b)  [BORROWER.] (c) "Borrower" means the state, counties, 
114.2   cities, and other governmental entities eligible under the act 
114.3   and state law to apply for and receive loans from the 
114.4   transportation revolving loan fund, the trunk highway revolving 
114.5   loan account, the county state-aid highway revolving loan 
114.6   account, and the municipal state-aid street revolving loan 
114.7   account. 
114.8      (c)  [DEPARTMENT.] "Department" means the department of 
114.9   transportation. 
114.10     (d)  [LOAN.] "Loan" means financial assistance provided for 
114.11  all or part of the cost of a project including money disbursed 
114.12  in anticipation of reimbursement or repayment, loan guarantees, 
114.13  lines of credit, credit enhancements, equipment financing 
114.14  leases, bond insurance, or other forms of financial assistance. 
114.15     (e)  [TRANSPORTATION COMMITTEE.] "Transportation committee" 
114.16  means a committee of the Minnesota public facilities authority, 
114.17  acting on behalf of the Minnesota public facilities authority, 
114.18  consisting of the commissioner of the department of trade and 
114.19  economic development, the commissioner of finance, and the 
114.20  commissioner of transportation. 
114.21     Subd. 2.  [PURPOSE.] The purpose of the transportation 
114.22  revolving loan fund, the trunk highway revolving loan account, 
114.23  the county state-aid highway revolving loan account, and the 
114.24  municipal state-aid street revolving loan account is to provide 
114.25  loans and matching money for public transportation projects 
114.26  eligible for financing or aid under any federal act or program 
114.27  or state law, including, without limitation, the study of the 
114.28  feasibility of construction, reconstruction, resurfacing, 
114.29  restoring, rehabilitation, or replacement of transportation 
114.30  facilities; acquisition of right-of-way; and maintenance, 
114.31  repair, improvement, or construction of city, town, county, or 
114.32  state highways, roads, streets, rights-of-way, bridges, tunnels, 
114.33  railroad-highway crossings, drainage structures, signs, 
114.34  maintenance and operation facilities, guardrails, and protective 
114.35  structures used in connection with highways or transit projects. 
114.36  Enhancement items, including without limitation bicycle paths, 
115.1   ornamental lighting, and landscaping, are eligible for financing 
115.2   provided they are an integral part of overall project design and 
115.3   construction of a federal-aid highway.  Money in the fund may 
115.4   not be used for any toll facilities project or 
115.5   congestion-pricing project. 
115.6      Subd. 3.  [ESTABLISHMENT OF FUND.] A transportation 
115.7   revolving loan fund is established to make loans for the 
115.8   purposes described in subdivision 2.  A highway account is 
115.9   established in the fund for highway projects eligible under 
115.10  United States Code, title 23.  A transit account is established 
115.11  in the fund for transit capital projects eligible under United 
115.12  States Code, title 49.  A state funds general loan account is 
115.13  established in the fund for transportation projects eligible 
115.14  under state law.  Other accounts may be established in the fund 
115.15  as necessary for its management and administration.  The 
115.16  transportation revolving loan fund shall receive receives 
115.17  federal money under the act and money from any source.  Money 
115.18  received under this section must be paid to the state treasurer 
115.19  and credited to the transportation revolving loan fund.  Money 
115.20  in the fund is annually appropriated to the commissioner 
115.21  authority and does not lapse.  The fund must be credited with 
115.22  investment income, and with repayments of principal and 
115.23  interest, except for servicing fees assessed under sections 
115.24  446A.04, subdivision 5, and 446A.11, subdivision 8. 
115.25     Subd. 4.  [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 
115.26  shall manage and administer the transportation revolving loan 
115.27  fund, the trunk highway revolving loan account, the county 
115.28  state-aid highway revolving loan account, and the municipal 
115.29  state-aid street revolving loan account and individual accounts 
115.30  in the fund.  For those purposes, the authority may exercise all 
115.31  powers provided in this chapter. 
115.32     Subd. 5.  [TRANSFER OF MONEY.] With the consent of the 
115.33  transportation committee, the commissioner of transportation may 
115.34  transfer money from the trunk highway revolving loan account to 
115.35  the trunk highway fund, from the county state-aid highway 
115.36  revolving loan account to the county state-aid highway fund, and 
116.1   from the municipal state-aid street revolving loan account to 
116.2   the municipal state-aid street fund. 
116.3      Subd. 6.  [TRANSPORTATION COMMITTEE.] The transportation 
116.4   committee may authorize the making of loans to borrowers by the 
116.5   authority for transportation purposes authorized by the act or 
116.6   this section, without further action by the authority.  The 
116.7   authority may not make loans for transportation purposes without 
116.8   the approval of the transportation committee.  Each project must 
116.9   be certified by the commissioner of transportation before its 
116.10  consideration by the transportation committee. 
116.11     Subd. 7.  [APPLICATIONS.] Applicants for loans must submit 
116.12  an application to the transportation committee on forms 
116.13  prescribed by the transportation committee.  The applicant must 
116.14  provide the following information: 
116.15     (1) the estimated cost of the project and the amount of the 
116.16  loan sought; 
116.17     (2) other possible sources of funding in addition to loans 
116.18  sought from the transportation revolving loan fund, the trunk 
116.19  highway revolving loan account, the county state-aid highway 
116.20  revolving loan account, or the municipal state-aid street 
116.21  revolving loan account; 
116.22     (3) the proposed methods and sources of funds to be used 
116.23  for repayment of loans received; and 
116.24     (4) information showing the financial status and ability of 
116.25  the borrower to repay loans. 
116.26     Subd. 8.  [CERTIFICATION OF PROJECTS.] The commissioner of 
116.27  transportation shall consider the following information when 
116.28  evaluating projects to certify for funding to the transportation 
116.29  committee: 
116.30     (1) a description of the nature and purpose of the proposed 
116.31  transportation project including an explanation of the need for 
116.32  the project and the reasons why it is in the public interest; 
116.33     (2) the relationship of the project to the area 
116.34  transportation improvement program, the approved statewide 
116.35  transportation improvement program, and to any other 
116.36  transportation plans required under state or federal law; 
117.1      (3) the estimated cost of the project and the amount of 
117.2   loans sought; 
117.3      (4) proposed sources of funding in addition to loans sought 
117.4   from the transportation revolving loan fund, the trunk highway 
117.5   revolving loan account, the county state-aid highway revolving 
117.6   loan account, or municipal state-aid street revolving loan 
117.7   account; 
117.8      (5) the need for the project as part of the overall 
117.9   transportation system; 
117.10     (6) the overall economic impact of the project; and 
117.11     (7) the extent to which completion of the project will 
117.12  improve the movement of people and freight. 
117.13     Subd. 9.  [LOAN CONDITIONS.] When making loans from the 
117.14  transportation revolving loan fund, the trunk highway revolving 
117.15  loan account, the county state-aid highway revolving loan 
117.16  account, or the municipal state-aid street revolving loan 
117.17  account, the transportation committee shall comply with the 
117.18  conditions applicable provisions of the act and state law.  In 
117.19  addition, a loan made under this section must: 
117.20     (1) bear interest at or below market rates or as otherwise 
117.21  specified in federal law; 
117.22     (2) have a repayment term not longer than 30 years; 
117.23     (3) be fully amortized no later than 30 years after project 
117.24  completion; 
117.25     (4) be subject to repayment of principal and interest 
117.26  beginning not later than five years after the facility financed 
117.27  with a loan has been completed, or in the case of a highway 
117.28  project, five years after the facility has opened to traffic; 
117.29  and 
117.30     (5) be made disbursed for specific project elements only 
117.31  after all federal applicable environmental requirements 
117.32  applicable to the project have been complied with and all 
117.33  federal environmental requirements have been met. 
117.34     Subd. 10.  [LOANS IN ANTICIPATION OF FUTURE 
117.35  APPORTIONMENTS.] A loan may be made to a county, or to a 
117.36  statutory or home rule charter city having a population of 5,000 
118.1   or more, in anticipation of repayment of the loan from sums that 
118.2   will be apportioned to a county from the county state-aid 
118.3   highway fund under section 162.07 or to a city from the 
118.4   municipal state-aid street fund under section 162.14. 
118.5      Subd. 11.  [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 
118.6   allocation provisions of section 162.08 for counties, and the 
118.7   apportionment provisions of section 162.14 for cities, sums 
118.8   apportioned under section 162.13 to a statutory or home rule 
118.9   charter city, or under section 162.07 to a county, that has loan 
118.10  repayments due to the transportation revolving loan fund, the 
118.11  trunk highway revolving loan account, the county state-aid 
118.12  highway revolving loan account, or the municipal state-aid 
118.13  street revolving loan account shall be paid by the commissioner 
118.14  of transportation to the appropriate loan fund or account to 
118.15  offset the loan repayments that are due. 
118.16     Subd. 12.  [RULES OF TRANSPORTATION COMMITTEE AND 
118.17  AUTHORITY.] The commissioner of the department of trade and 
118.18  economic development shall adopt administrative rules specifying 
118.19  the procedures that will be used for the administration of the 
118.20  duties of the transportation committee and authority.  The rules 
118.21  must include criteria, standards, and procedures that will be 
118.22  used for making loans, determining interest rates to be charged 
118.23  on loans, the amount of project financing to be provided, the 
118.24  collateral that will be required, the requirements for dedicated 
118.25  sources of revenue or income streams to ensure repayment of 
118.26  loans, and the length of repayment terms.  
118.27     Subd. 13.  [AUTHORITY AND RULES OF DEPARTMENT.] The 
118.28  commissioner of transportation shall establish, adopt rules for, 
118.29  and implement a program to identify, assist with the development 
118.30  of, and certify projects eligible for loans under the act to the 
118.31  transportation committee.  Until rules are adopted by the 
118.32  commissioner of transportation, the commissioner of 
118.33  transportation may certify to the transportation committee any 
118.34  project that has been reviewed through an approved planning 
118.35  process that qualifies the project to be included in the 
118.36  statewide transportation program or amended into the statewide 
119.1   transportation improvement program. 
119.2      Subd. 14.  [JOINT RULES.] The commissioner of the 
119.3   department of trade and economic development and the 
119.4   commissioner of transportation may adopt a single set of rules. 
119.5      [EFFECTIVE DATE.] This section is effective the day 
119.6   following final enactment. 
119.7      Sec. 80.  Minnesota Statutes 2000, section 473.399, is 
119.8   amended by adding a subdivision to read: 
119.9      Subd. 4.  [EXPENDITURE OF STATE FUNDS.] No state funds may 
119.10  be expended by the metropolitan council to study light rail 
119.11  transit or commuter rail unless the funds are appropriated in 
119.12  legislation that identifies the origin and destination between 
119.13  which the proposed route to be studied would be established. 
119.14     Sec. 81.  Minnesota Statutes 2000, section 473.859, 
119.15  subdivision 2, is amended to read: 
119.16     Subd. 2.  [LAND USE PLAN.] A land use plan shall include 
119.17  the water management plan required by section 103B.235, and 
119.18  shall designate the existing and proposed location, intensity 
119.19  and extent of use of land and water, including lakes, wetlands, 
119.20  rivers, streams, natural drainage courses, and adjoining land 
119.21  areas that affect water natural resources, for agricultural, 
119.22  residential, commercial, industrial and other public and private 
119.23  purposes, or any combination of such purposes.  A land use plan 
119.24  shall contain a protection element, as appropriate, for historic 
119.25  sites, the matters listed in the water management plan required 
119.26  by section 103B.235, and an element for protection and 
119.27  development of access to direct sunlight for solar energy 
119.28  systems.  A land use plan shall also include a housing element 
119.29  containing standards, plans and programs for providing adequate 
119.30  housing opportunities to meet existing and projected local and 
119.31  regional housing needs, including but not limited to the use of 
119.32  official controls and land use planning to promote the 
119.33  availability of land for the development of low and moderate 
119.34  income housing.  A land use plan shall also include 
119.35  consideration of the protection and development of aggregate 
119.36  resources. 
120.1      [EFFECTIVE DATE.] This section is effective July 1, 2001, 
120.2   and applies in the counties of Anoka, Carver, Dakota, Hennepin, 
120.3   Ramsey, Scott, and Washington. 
120.4      Sec. 82.  [473.922] [IMPOSITION OF SALES, USE, AND EXCISE 
120.5   TAX.] 
120.6      Subdivision 1. [SALES AND USE TAX 
120.7   AUTHORIZED.] Notwithstanding section 477A.016 or any other 
120.8   provision of law, ordinance, or city charter, if approved by a 
120.9   majority of the voters in the metropolitan transportation area 
120.10  at an election described in section 84, the council may impose 
120.11  by resolution a sales and use tax of up to one-half of one 
120.12  percent on sales in the metropolitan transportation area for the 
120.13  purposes specified in subdivision 3.  Except as otherwise 
120.14  provided in this section, the provisions of section 297A.99 
120.15  govern the imposition, administration, collection, and 
120.16  enforcement of the tax authorized under this subdivision. 
120.17     Subd. 2.  [EXCISE TAX AUTHORIZED.] Notwithstanding section 
120.18  477A.016 or any other provision of law, ordinance, or city 
120.19  charter, if approved by a majority of the voters in the 
120.20  metropolitan transportation area at an election described in 
120.21  section 84, the council may impose by resolution, for the 
120.22  purposes specified in subdivision 3, an excise tax of up to $20 
120.23  per motor vehicle, as defined by resolution, purchased or 
120.24  acquired from any person engaged within the metropolitan 
120.25  transportation area in the business of selling motor vehicles at 
120.26  retail. 
120.27     Subd. 3.  [USE OF REVENUES.] Revenues received from taxes 
120.28  authorized by subdivisions 1 and 2 must be used by the council 
120.29  to pay the cost of collecting the taxes, expenses of the 
120.30  council, cost of the audit under subdivision 5, and for the 
120.31  following purposes: 
120.32     (1) at least $30,000,000 each year to pay for acquisition 
120.33  of buses, highway shoulder improvements for buses, and other 
120.34  capital expenses related to the metropolitan area bus system; 
120.35  and 
120.36     (2) the remaining amount for transfer to the trunk highway 
121.1   fund for expenditure by the commissioner of transportation, at 
121.2   the times and in the amounts requested by the commissioner, to 
121.3   pay to complete those metropolitan highway system improvement, 
121.4   replacement, and bottleneck removal projects and those 
121.5   metropolitan system highway expansion projects identified in the 
121.6   transportation policy plan, tables 8 and 10, adopted January 24, 
121.7   2001, by the metropolitan council.  The commissioner must 
121.8   complete letting all the projects referenced in this clause no 
121.9   later than June 30, 2011. 
121.10     Subd. 4.  [TERMINATION OF TAXES.] Notwithstanding section 
121.11  297A.99, the taxes imposed under subdivisions 1 and 2 expire 
121.12  when the commissioner of transportation has completed 
121.13  construction of all projects referenced in subdivision 3, clause 
121.14  (2). 
121.15     Subd. 5.  [AUDIT.] The legislative auditor shall make an 
121.16  independent audit of the council's books and accounts once each 
121.17  year or as often as the legislative auditor's funds and 
121.18  personnel permit.  The costs of the audits shall be paid by the 
121.19  board under section 3.9741. 
121.20     [EFFECTIVE DATE.] This section is effective upon an 
121.21  affirmative vote by a majority of the electors in the special 
121.22  election held under section 84, except that subdivisions 2 and 
121.23  3, following an affirmative vote, are effective as to sales made 
121.24  on and after July 1, 2002.  This section is repealed when all 
121.25  projects referenced in subdivision 3, clause (2), are completed. 
121.26     Sec. 83.  Laws 1999, chapter 238, article 1, section 2, 
121.27  subdivision 7, is amended to read: 
121.28  Subd. 7.  State Roads                912,625,000    923,769,000
121.29                Summary by Fund
121.30  General                 59,000          9,000
121.31  Trunk Highway      912,566,000    923,760,000
121.32  The amounts that may be spent from this 
121.33  appropriation for each activity are as 
121.34  follows:  
121.35  (a) State Road Construction 
121.36     516,684,000    521,707,000
121.37  It is estimated that these 
122.1   appropriations will be funded as 
122.2   follows:  
122.3   Federal Highway Aid 
122.4      275,000,000    275,000,000
122.5   Highway User Taxes 
122.6      241,684,000    246,707,000
122.7   The commissioner of transportation 
122.8   shall notify the chair of the 
122.9   transportation budget division of the 
122.10  senate and chair of the transportation 
122.11  finance committee of the house of 
122.12  representatives quarterly of any events 
122.13  that should cause these estimates to 
122.14  change. 
122.15  This appropriation is for the actual 
122.16  construction, reconstruction, and 
122.17  improvement of trunk highways.  This 
122.18  includes the cost of actual payment to 
122.19  landowners for lands acquired for 
122.20  highway rights-of-way, payment to 
122.21  lessees, interest subsidies, and 
122.22  relocation expenses. 
122.23  The commissioner may transfer up to 
122.24  $15,000,000 each year to the trunk 
122.25  highway revolving loan account. 
122.26  The commissioner may receive money 
122.27  covering other shares of the cost of 
122.28  partnership projects.  These receipts 
122.29  are appropriated to the commissioner 
122.30  for these projects. 
122.31  (b) Highway Debt Service 
122.32      13,949,000     13,175,000
122.33  $3,949,000 the first year and 
122.34  $3,175,000 the second year are for 
122.35  transfer to the state bond fund. 
122.36  If this appropriation is insufficient 
122.37  to make all transfers required in the 
122.38  year for which it is made, the 
122.39  commissioner of finance shall notify 
122.40  the committee on state government 
122.41  finance of the senate and the committee 
122.42  on ways and means of the house of 
122.43  representatives of the amount of the 
122.44  deficiency and shall then transfer that 
122.45  amount under the statutory open 
122.46  appropriation.  
122.47  Any excess appropriation must be 
122.48  canceled to the trunk highway fund. 
122.49  (c) Research and Investment Management 
122.50      12,450,000     12,597,000
122.51  $600,000 the first year and $600,000 
122.52  the second year are available for 
122.53  grants for transportation studies 
122.54  outside the metropolitan area to 
122.55  identify critical concerns, problems, 
123.1   and issues.  These grants are available 
123.2   to (1) regional development 
123.3   commissions, and (2) in regions where 
123.4   no regional development commission is 
123.5   functioning, joint powers boards 
123.6   established under agreement of two or 
123.7   more political subdivisions in the 
123.8   region to exercise the planning 
123.9   functions of a regional development 
123.10  commission, and (3) in regions where no 
123.11  regional development commission or 
123.12  joint powers board is functioning, the 
123.13  department's district office for that 
123.14  region. 
123.15  $216,000 the first year and $216,000 
123.16  the second year are available for 
123.17  grants to metropolitan planning 
123.18  organizations outside the seven-county 
123.19  metropolitan area. 
123.20  $75,000 the first year and $25,000 the 
123.21  second year are for transportation 
123.22  planning relating to the 2000 census.  
123.23  This appropriation may not be added to 
123.24  the agency's budget base. 
123.25  $75,000 the first year and $75,000 the 
123.26  second year are for a transportation 
123.27  research contingent account to finance 
123.28  research projects that are reimbursable 
123.29  from the federal government or from 
123.30  other sources.  If the appropriation 
123.31  for either year is insufficient, the 
123.32  appropriation for the other year is 
123.33  available for it. 
123.34  (d) Central Engineering Services
123.35      68,563,000     70,940,000
123.36  (e) Design and Construction Engineering
123.37      80,592,000     83,246,000
123.38  $1,000,000 the first year and $500,000 
123.39  the second year are for transportation 
123.40  planning relating to the 2000 census.  
123.41  This appropriation may not be added to 
123.42  the agency's budget base. 
123.43  (f) State Road Operations
123.44     214,703,000 216,561,000 
123.45  $1,000,000 each year are for 
123.46  enhancements to the freeway operations 
123.47  program in the metropolitan area. 
123.48  $1,000,000 the first year and 
123.49  $1,000,000 the second year are for 
123.50  maintenance services including rest 
123.51  area maintenance, vehicle insurance, 
123.52  ditch assessments, and tort claims. 
123.53  $3,000,000 the first year and 
123.54  $1,000,000 the second year are for 
123.55  improved highway striping. 
123.56  $500,000 the first year and $500,000 
123.57  the second year are for safety 
124.1   technology applications. 
124.2   $150,000 the first year and $150,000 
124.3   the second year are for statewide asset 
124.4   preservation and repair. 
124.5   $750,000 the first year and $750,000 
124.6   the second year are for the 
124.7   implementation of the transportation 
124.8   worker concept. 
124.9   The commissioner shall establish a task 
124.10  force to study seasonal road 
124.11  restrictions and report to the 
124.12  legislature its findings and any 
124.13  recommendations for legislative 
124.14  action.  The commissioner shall appoint 
124.15  members representing: 
124.16  (1) aggregate and ready-mix producers; 
124.17  (2) solid waste haulers; 
124.18  (3) liquid waste haulers; 
124.19  (4) the logging industry; 
124.20  (5) the construction industry; and 
124.21  (6) agricultural interests. 
124.22  The task force shall report to the 
124.23  legislature by February 1, 2000, on its 
124.24  findings and recommendations. 
124.25  (g) Electronic Communications
124.26       5,684,000      5,543,000
124.27                Summary by Fund
124.28  General                  59,000         9,000
124.29  Trunk Highway         5,625,000     5,534,000
124.30  $9,000 the first year and $9,000 the 
124.31  second year are from the general fund 
124.32  for equipment and operation of the 
124.33  Roosevelt signal tower for Lake of the 
124.34  Woods weather broadcasting. 
124.35  $50,000 the first year from the general 
124.36  fund is for purchase of equipment for 
124.37  the 800 MHz public safety radio system. 
124.38  $200,000 the first year is from the 
124.39  trunk highway fund for costs resulting 
124.40  from the termination of agreements made 
124.41  under article 2, sections 31 and 89, 
124.42  and Minnesota Statutes, section 174.70, 
124.43  subdivision 2.  This appropriation does 
124.44  not cancel but is available until spent.
124.45  In each year of the biennium the 
124.46  commissioner shall request the 
124.47  commissioner of administration to 
124.48  request bids for the purchase of 
124.49  digital mobile and portable radios to 
124.50  be used on the metropolitan regional 
124.51  public safety radio communications 
124.52  system. 
125.1      [EFFECTIVE DATE.] This section is effective the day 
125.2   following final enactment. 
125.3      Sec. 84.  [ELECTION.] 
125.4      The secretary of state, in cooperation with the county 
125.5   auditors of the metropolitan transportation area, shall conduct 
125.6   a special election in the metropolitan transportation area at 
125.7   the time of the general election the Tuesday after the first 
125.8   Monday in November 2001.  The following question shall appear on 
125.9   the ballot: 
125.10     "Shall an additional tax of one-half of one percent be 
125.11  temporarily imposed on sales in the metropolitan area and an 
125.12  excise tax of $20 on each motor vehicle retail sale by a dealer 
125.13  in the metropolitan area to pay for transportation improvements 
125.14  to relieve traffic congestion in the metropolitan area?" 
125.15     If a majority of the electors voting on the question answer 
125.16  the question in the affirmative, the metropolitan council is 
125.17  authorized to impose the taxes described in Minnesota Statutes, 
125.18  section 473.922, subdivisions 1 and 2. 
125.19     Sec. 85.  [REPORT.] 
125.20     In each year during the period of imposition of the taxes 
125.21  authorized in Minnesota Statutes, section 473.922, subdivisions 
125.22  1 and 2, the commissioner of transportation and the metropolitan 
125.23  council shall report by February 1 to the house and senate 
125.24  committees having jurisdiction over transportation policy and 
125.25  finance, concerning the revenues received from the metropolitan 
125.26  council and the expenditures of that money. 
125.27     Sec. 86.  [IMPORTANCE.] 
125.28     The Little Elk Heritage Preserve, a 92.25-acre 
125.29  archaeological park and nature preserve on the Mississippi river 
125.30  near Little Falls, contains a unique cluster of cultural and 
125.31  natural resources that together document diverse human 
125.32  activities and connections to natural environments in central 
125.33  Minnesota over thousands of years.  The resources at Little Elk 
125.34  Heritage Preserve include archaeological remains identified with 
125.35  ancient native America, the colonial fur trade, early Dakota and 
125.36  Ojibwe life, Black and women's history, Mississippi valley 
126.1   exploration, a mission farm and school, United States Indian 
126.2   treaties, territorial period homesteading and townsite 
126.3   development, the conflict of 1862, hunting, gathering, 
126.4   portaging, quarrying, logging, farming, dam-building, grist 
126.5   milling, saw milling, and wood products manufacturing.  Ongoing 
126.6   research programs explore and interpret these important 
126.7   resources. 
126.8      Sec. 87.  [OWNERSHIP.] 
126.9      The site described in section 86 is owned and administered 
126.10  by the Institute for Minnesota Archaeology.  The state register 
126.11  of historic places listing includes those portions of the 
126.12  preserve that contain significant archaeological or historic 
126.13  resources.  The Institute for Minnesota Archaeology is a private 
126.14  nonprofit organization dedicated to historical and 
126.15  archaeological research, education, and stewardship. 
126.16     Sec. 88.  [TEMPORARY SUSPENSION OF I-35W/TRUNK HIGHWAY NO. 
126.17  62 CLOSURE AND TRANSPORTATION CONSTRUCTION PROJECT.] 
126.18     Subdivision 1.  [SUSPENSION OF WORK.] The commissioner of 
126.19  transportation, for 12 months after enactment of this section, 
126.20  shall suspend work on the marked interstate highway I-35W/trunk 
126.21  highway marked No. 62 closure and improvement project, involving 
126.22  separation of the two roadways in the commons area, replacement 
126.23  of ramps, construction of a high-occupancy vehicle lane, and 
126.24  changes in access. 
126.25     Subd. 2.  [REPORT.] On or before February 15, 2002, the 
126.26  commissioner of transportation shall submit a report and 
126.27  recommendations to the house of representatives and senate 
126.28  committees with jurisdiction over transportation policy and 
126.29  finance.  The report and recommendations must include: 
126.30     (1) a plan, developed in consultation with the metropolitan 
126.31  council, to provide adequate public transit during the period of 
126.32  highway closure among and within the affected communities, and 
126.33  specific plans for detours; 
126.34     (2) alternative, feasible designs for the construction 
126.35  project described in subdivision 1 that will: 
126.36     (i) increase capacity; 
127.1      (ii) maintain the current right-of-way; 
127.2      (iii) not close the Lyndale access; and 
127.3      (iv) include a transit component, which may require buses, 
127.4   busways, rail, or high occupancy vehicle lanes; 
127.5      (3) a 20-year study/projection of traffic demand in the 
127.6   corridors affected by the construction project; and 
127.7      (4) methods for completing the project in the most timely 
127.8   manner and costs associated with accelerating completion of the 
127.9   project. 
127.10     Sec. 89.  [TOWER LOCATION.] 
127.11     The commissioner of transportation shall consider erecting 
127.12  a differential global positioning system tower at the Bedora 
127.13  state nursery site in Hubbard county, provided that the location 
127.14  meets United States Coast Guard technical and serviceability 
127.15  requirements and specifications. 
127.16     Sec. 90.  [STUDY OF BRIDGE JURISDICTION.] 
127.17     (a) The commissioner of transportation shall study the 
127.18  advantages, disadvantages, concerns, desirability, and 
127.19  feasibility of assuming, sharing, or not assuming jurisdiction 
127.20  and responsibility for all or a portion of bridges comprising 
127.21  the major, navigable river crossings in Minnesota that are now, 
127.22  or are scheduled to be, under the jurisdiction of local road 
127.23  authorities.  The commissioner shall evaluate jurisdiction and 
127.24  responsibility for the bridges in terms of: 
127.25     (1) present and future needs for financing and conducting 
127.26  emergency or scheduled construction, replacement, 
127.27  reconstruction, rehabilitation, expansion, repair, maintenance, 
127.28  and inspection; and 
127.29     (2) expectations of complete, partial, or matching federal 
127.30  or state funding. 
127.31     (b) The commissioner shall make findings and 
127.32  recommendations and submit a written report to the chairs of the 
127.33  transportation policy and budget committees of the senate and 
127.34  house of representatives, as well as the required number of 
127.35  copies to the legislative reference library, by January 2, 2002. 
127.36     Sec. 91.  [SPEED REDUCTION AWARENESS.] 
128.1      The commissioner of public safety shall develop and 
128.2   implement a long-range plan to promote awareness among drivers 
128.3   of the need for reduced speed in proximity to stopped emergency 
128.4   vehicles. 
128.5      Sec. 92.  [STUDY OF REQUIRED DOCUMENTATION FOR DRIVER 
128.6   LICENSE APPLICATION.] 
128.7      The commissioner of administration, through the 
128.8   department's management analysis division, shall conduct a study 
128.9   of required documentation for driver license applications. 
128.10     In conducting this study, the commissioner shall consult 
128.11  with the Immigration and Naturalization Service, local law 
128.12  enforcement agencies, and groups that represent the interests of 
128.13  working immigrants, business organizations, and insurance 
128.14  companies. 
128.15     The commissioner shall report the results of this study to 
128.16  the committees with jurisdiction over transportation policy in 
128.17  the house of representatives and the senate, by February 15, 
128.18  2002.  The report must include recommendations of any 
128.19  appropriate changes in law and rules, based on the 
128.20  commissioner's findings. 
128.21     Sec. 93.  [STATE TROOPER TRAINING REPORT.] 
128.22     On or before February 15, 2002, the commissioner of public 
128.23  safety shall present to the committees having jurisdiction over 
128.24  transportation policy and finance in the house of 
128.25  representatives and the senate an evaluation of the efficiency 
128.26  and cost-effectiveness of the present recruit training program, 
128.27  and a comparison of the effectiveness and potential cost-savings 
128.28  of alternative training formats with the current academy format. 
128.29     Sec. 94.  [REPEALER.] 
128.30     Minnesota Statutes 2000, sections 174.22, subdivision 9; 
128.31  and 174.32, subdivisions 2 and 4, are repealed. 
128.32                             ARTICLE 5
128.33                    PUBLIC SERVICE CONSOLIDATION 
128.34     Section 1.  [CONSOLIDATION OF STATE REGULATION OF 
128.35  COMMERCE.] 
128.36     In order to make state government more efficient and 
129.1   effective and to accomplish more efficient and effective 
129.2   regulation of commerce in Minnesota, all of the powers, rights, 
129.3   responsibilities, and duties that remain in the department of 
129.4   public service after reorganization order No. 181 are 
129.5   transferred to the department of commerce under Minnesota 
129.6   Statutes, section 15.039.  This transfer is governed in all 
129.7   respects by Minnesota Statutes, section 15.039.  The department 
129.8   of public service is abolished. 
129.9      Sec. 2.  Minnesota Statutes 2000, section 3C.12, 
129.10  subdivision 2, is amended to read: 
129.11     Subd. 2.  [FREE DISTRIBUTION.] The revisor shall distribute 
129.12  without charge copies of each edition of Minnesota Statutes, 
129.13  supplements to Minnesota Statutes, and Laws of Minnesota to the 
129.14  persons or bodies listed in this subdivision.  Before 
129.15  distributing the copies, the revisor shall inform these persons 
129.16  or bodies of the cost of the publication and the availability of 
129.17  statutes and session laws on the Internet, and shall ask whether 
129.18  their work requires the full number of copies authorized by this 
129.19  subdivision.  Unless a smaller number is needed, the revisor 
129.20  shall distribute:  
129.21     (a) 30 copies to the supreme court; 
129.22     (b) 30 copies to the court of appeals; 
129.23     (c) one copy to each judge of a district court; 
129.24     (d) one copy to the court administrator of each district 
129.25  court for use in each courtroom of the district court; 
129.26     (e) one copy to each judge, district attorney, clerk of 
129.27  court of the United States, and deputy clerk of each division of 
129.28  the United States district court in Minnesota; 
129.29     (f) 100 copies to the office of the attorney general; 
129.30     (g) ten copies each to the governor's office, the 
129.31  departments of agriculture, commerce, corrections, children, 
129.32  families, and learning, finance, health, transportation, labor 
129.33  and industry, economic security, natural resources, public 
129.34  safety, public service, human services, revenue, and the 
129.35  pollution control agency; 
129.36     (h) two copies each to the lieutenant governor and the 
130.1   state treasurer; 
130.2      (i) 20 copies each to the department departments of 
130.3   administration and commerce, state auditor, and legislative 
130.4   auditor; 
130.5      (j) one copy each to other state departments, agencies, 
130.6   boards, and commissions not specifically named in this 
130.7   subdivision; 
130.8      (k) one copy to each member of the legislature; 
130.9      (l) 150 copies for the use of the senate and 200 copies for 
130.10  the use of the house of representatives; 
130.11     (m) 50 copies to the revisor of statutes from which the 
130.12  revisor shall send the appropriate number to the Library of 
130.13  Congress for copyright and depository purposes; 
130.14     (n) four copies to the secretary of the senate; 
130.15     (o) four copies to the chief clerk of the house of 
130.16  representatives; 
130.17     (p) 100 copies to the state law library; 
130.18     (q) 100 copies to the law school of the University of 
130.19  Minnesota; 
130.20     (r) five copies each to the Minnesota historical society 
130.21  and the secretary of state; 
130.22     (s) one copy each to the public library of the largest 
130.23  municipality of each county if the library is not otherwise 
130.24  eligible to receive a free copy under this section or section 
130.25  15.18; and 
130.26     (t) one copy to each county library maintained pursuant to 
130.27  chapter 134, except in counties containing cities of the first 
130.28  class.  If a county has not established a county library 
130.29  pursuant to chapter 134, the copy shall be provided to any 
130.30  public library in the county. 
130.31     Sec. 3.  Minnesota Statutes 2000, section 13.679, is 
130.32  amended to read: 
130.33     13.679 [DEPARTMENT OF PUBLIC SERVICE DATA.] 
130.34     Subdivision 1.  [TENANT.] Data collected by the department 
130.35  of public service commissioner of commerce that reveals the 
130.36  identity of a tenant who makes a complaint regarding energy 
131.1   efficiency standards for rental housing are private data on 
131.2   individuals.  
131.3      Subd. 2.  [UTILITY OR TELEPHONE COMPANY EMPLOYEE OR 
131.4   CUSTOMER.] (a) The following are private data on individuals:  
131.5   data collected by the department of public service commissioner 
131.6   of commerce or the public utilities commission, including the 
131.7   names or any other data that would reveal the identity of either 
131.8   an employee or customer of a telephone company or public utility 
131.9   who files a complaint or provides information regarding a 
131.10  violation or suspected violation by the telephone company or 
131.11  public utility of any federal or state law or rule; except this 
131.12  data may be released as needed to law enforcement authorities. 
131.13     (b) The following are private data on individuals:  data 
131.14  collected by the commission or the department of public service 
131.15  commissioner of commerce on individual public utility or 
131.16  telephone company customers or prospective customers, including 
131.17  copies of tax forms, needed to administer federal or state 
131.18  programs that provide relief from telephone company bills, 
131.19  public utility bills, or cold weather disconnection.  The 
131.20  determination of eligibility of the customers or prospective 
131.21  customers may be released to public utilities or telephone 
131.22  companies to administer the programs.  
131.23     Sec. 4.  Minnesota Statutes 2000, section 15.01, is amended 
131.24  to read: 
131.25     15.01 [DEPARTMENTS OF THE STATE.] 
131.26     The following agencies are designated as the departments of 
131.27  the state government:  the department of administration; the 
131.28  department of agriculture; the department of commerce; the 
131.29  department of corrections; the department of children, families, 
131.30  and learning; the department of economic security; the 
131.31  department of trade and economic development; the department of 
131.32  finance; the department of health; the department of human 
131.33  rights; the department of labor and industry; the department of 
131.34  military affairs; the department of natural resources; the 
131.35  department of employee relations; the department of public 
131.36  safety; the department of public service; the department of 
132.1   human services; the department of revenue; the department of 
132.2   transportation; the department of veterans affairs; and their 
132.3   successor departments. 
132.4      Sec. 5.  Minnesota Statutes 2000, section 15.06, 
132.5   subdivision 1, is amended to read: 
132.6      Subdivision 1.  [APPLICABILITY.] This section applies to 
132.7   the following departments or agencies:  the departments of 
132.8   administration, agriculture, commerce, corrections, economic 
132.9   security, children, families, and learning, employee relations, 
132.10  trade and economic development, finance, health, human rights, 
132.11  labor and industry, natural resources, public safety, public 
132.12  service, human services, revenue, transportation, and veterans 
132.13  affairs; the housing finance and pollution control agencies; the 
132.14  office of commissioner of iron range resources and 
132.15  rehabilitation; the bureau of mediation services; and their 
132.16  successor departments and agencies.  The heads of the foregoing 
132.17  departments or agencies are "commissioners." 
132.18     Sec. 6.  Minnesota Statutes 2000, section 15A.0815, 
132.19  subdivision 2, is amended to read: 
132.20     Subd. 2.  [GROUP I SALARY LIMITS.] The salaries for 
132.21  positions in this subdivision may not exceed 95 percent of the 
132.22  salary of the governor:  
132.23     Commissioner of administration; 
132.24     Commissioner of agriculture; 
132.25     Commissioner of children, families, and learning; 
132.26     Commissioner of commerce; 
132.27     Commissioner of corrections; 
132.28     Commissioner of economic security; 
132.29     Commissioner of employee relations; 
132.30     Commissioner of finance; 
132.31     Commissioner of health; 
132.32     Executive director, higher education services office; 
132.33     Commissioner, housing finance agency; 
132.34     Commissioner of human rights; 
132.35     Commissioner of human services; 
132.36     Executive director, state board of investment; 
133.1      Commissioner of labor and industry; 
133.2      Commissioner of natural resources; 
133.3      Director of office of strategic and long-range planning; 
133.4      Commissioner, pollution control agency; 
133.5      Commissioner of public safety; 
133.6      Commissioner, department of public service; 
133.7      Commissioner of revenue; 
133.8      Commissioner of trade and economic development; 
133.9      Commissioner of transportation; and 
133.10     Commissioner of veterans affairs. 
133.11     Sec. 7.  Minnesota Statutes 2000, section 16B.335, 
133.12  subdivision 4, is amended to read: 
133.13     Subd. 4.  [ENERGY CONSERVATION.] A recipient to whom a 
133.14  direct appropriation is made for a capital improvement project 
133.15  shall ensure that the project complies with the applicable 
133.16  energy conservation standards contained in law, including 
133.17  sections 216C.19 to 216C.20, and rules adopted thereunder.  The 
133.18  recipient may use the energy planning and intervention and 
133.19  energy technologies units of the department of public service to 
133.20  obtain information and technical assistance from the state 
133.21  energy office in the department of commerce on energy 
133.22  conservation and alternative energy development relating to the 
133.23  planning and construction of the capital improvement project. 
133.24     Sec. 8.  Minnesota Statutes 2000, section 16B.56, 
133.25  subdivision 1, is amended to read: 
133.26     Subdivision 1.  [EMPLOYEE TRANSPORTATION PROGRAM.] (a) 
133.27  [ESTABLISHMENT.] To conserve energy and alleviate traffic 
133.28  congestion around state offices, the commissioner shall, in 
133.29  cooperation with the commissioner of public service, the 
133.30  commissioner of transportation, the state energy office in the 
133.31  department of commerce, and interested nonprofit agencies, 
133.32  establish and operate an employee transportation program using 
133.33  commuter vans with a capacity of not less than seven nor more 
133.34  than 16 passengers.  Commuter vans may be used by state 
133.35  employees and others to travel between their homes and their 
133.36  work locations.  However, only state employee drivers may use 
134.1   the van for personal purposes after working hours, not including 
134.2   partisan political activity.  The commissioner shall acquire or 
134.3   lease commuter vans, or otherwise contract for the provision of 
134.4   commuter vans, and shall make the vans available for the use of 
134.5   state employees and others in accordance with standards and 
134.6   procedures adopted by the commissioner.  The commissioner shall 
134.7   promote the maximum participation of state employees and others 
134.8   in the use of the vans.  
134.9      (b) [ADMINISTRATIVE POLICIES.] The commissioner shall adopt 
134.10  standards and procedures under this section without regard to 
134.11  chapter 14.  The commissioner shall provide for the recovery by 
134.12  the state of vehicle acquisition, lease, operation, and 
134.13  insurance costs through efficient and convenient assignment of 
134.14  vans, and for the billing of costs and collection of fees.  A 
134.15  state employee using a van for personal use shall pay, pursuant 
134.16  to the standards and procedures adopted by the commissioner, for 
134.17  operating and routine maintenance costs incurred as a result of 
134.18  the personal use.  Fees collected under this subdivision shall 
134.19  be deposited in the accounts from which the costs of operating, 
134.20  maintaining, and leasing or amortization for the specific 
134.21  vehicle are paid.  
134.22     Sec. 9.  Minnesota Statutes 2000, section 16B.76, 
134.23  subdivision 1, is amended to read: 
134.24     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
134.25  advisory council consists of the following members: 
134.26     (1) the commissioner of administration or the 
134.27  commissioner's designee representing the department's building 
134.28  codes and standards division; 
134.29     (2) the commissioner of health or the commissioner's 
134.30  designee representing an environmental health section of the 
134.31  department; 
134.32     (3) the commissioner of public safety or the commissioner's 
134.33  designee representing the department's state fire marshal 
134.34  division; 
134.35     (4) the commissioner of public service commerce or the 
134.36  commissioner's designee representing the department's energy 
135.1   regulation and resource management division state energy office; 
135.2   and 
135.3      (5) one member representing each of the following 
135.4   occupations or entities, appointed by the commissioner of 
135.5   administration: 
135.6      (i) a certified building official; 
135.7      (ii) a fire service representative; 
135.8      (iii) a licensed architect; 
135.9      (iv) a licensed engineer; 
135.10     (v) a building owners and managers representative; 
135.11     (vi) a licensed residential building contractor; 
135.12     (vii) a commercial building contractor; 
135.13     (viii) a heating and ventilation contractor; 
135.14     (ix) a plumbing contractor; 
135.15     (x) a representative of a construction and building trades 
135.16  union; and 
135.17     (xi) a local unit of government representative. 
135.18     (b) For members who are not state officials or employees, 
135.19  terms, compensation, removal, and the filling of vacancies are 
135.20  governed by section 15.059.  The council shall select one of its 
135.21  members to serve as chair. 
135.22     (c) The council expires June 30, 2001. 
135.23     Sec. 10.  Minnesota Statutes 2000, section 17.86, 
135.24  subdivision 3, is amended to read: 
135.25     Subd. 3.  [INFORMATION.] The University of Minnesota 
135.26  extension service, in cooperation with the commissioners of 
135.27  agriculture, children, families, and learning, natural 
135.28  resources, and public service commerce, shall serve as the 
135.29  principal agency for publishing and circulating information 
135.30  derived from research under subdivision 2 among the various 
135.31  municipalities and individual property owners in the state.  
135.32  Where practical, the extension service and the state energy 
135.33  office in the department of public service commerce shall secure 
135.34  the advice and assistance of various energy utilities interested 
135.35  and concerned with conservation.  The commissioner of 
135.36  agriculture shall establish an information source for requests 
136.1   for nursery stock, to match needs of municipalities with stocks 
136.2   of trees available for planting from private and governmental 
136.3   sources.  
136.4      Sec. 11.  Minnesota Statutes 2000, section 18.024, 
136.5   subdivision 1, is amended to read: 
136.6      Subdivision 1.  [WOOD UTILIZATION.] The departments of 
136.7   agriculture and natural resources, after consultation with the 
136.8   Minnesota shade tree advisory committee and the commissioner of 
136.9   public service state energy office in the department of 
136.10  commerce, shall investigate, evaluate, and make recommendations 
136.11  to the legislature concerning the potential uses of wood from 
136.12  community trees removed due to disease or other disorders.  
136.13  These recommendations shall include maximum resource recovery 
136.14  through recycling, use as an alternative energy source, or use 
136.15  in construction or the manufacture of new products.  Wood 
136.16  utilization or disposal systems as defined in section 18.023 
136.17  must be included to ensure maximum utilization of diseased shade 
136.18  trees with designs and procedures to ensure public safety and to 
136.19  assure compliance with approved disease control programs. 
136.20     Sec. 12.  Minnesota Statutes 2000, section 43A.08, 
136.21  subdivision 1a, is amended to read: 
136.22     Subd. 1a.  [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing 
136.23  authorities for the following agencies may designate additional 
136.24  unclassified positions according to this subdivision:  the 
136.25  departments of administration; agriculture; commerce; 
136.26  corrections; economic security; children, families, and 
136.27  learning; employee relations; trade and economic development; 
136.28  finance; health; human rights; labor and industry; natural 
136.29  resources; public safety; public service; human services; 
136.30  revenue; transportation; and veterans affairs; the housing 
136.31  finance and pollution control agencies; the state lottery; the 
136.32  state board of investment; the office of administrative 
136.33  hearings; the office of environmental assistance; the offices of 
136.34  the attorney general, secretary of state, state auditor, and 
136.35  state treasurer; the Minnesota state colleges and universities; 
136.36  the higher education services office; the Perpich center for 
137.1   arts education; and the Minnesota zoological board. 
137.2      A position designated by an appointing authority according 
137.3   to this subdivision must meet the following standards and 
137.4   criteria:  
137.5      (1) the designation of the position would not be contrary 
137.6   to other law relating specifically to that agency; 
137.7      (2) the person occupying the position would report directly 
137.8   to the agency head or deputy agency head and would be designated 
137.9   as part of the agency head's management team; 
137.10     (3) the duties of the position would involve significant 
137.11  discretion and substantial involvement in the development, 
137.12  interpretation, and implementation of agency policy; 
137.13     (4) the duties of the position would not require primarily 
137.14  personnel, accounting, or other technical expertise where 
137.15  continuity in the position would be important; 
137.16     (5) there would be a need for the person occupying the 
137.17  position to be accountable to, loyal to, and compatible with, 
137.18  the governor and the agency head, the employing statutory board 
137.19  or commission, or the employing constitutional officer; 
137.20     (6) the position would be at the level of division or 
137.21  bureau director or assistant to the agency head; and 
137.22     (7) the commissioner has approved the designation as being 
137.23  consistent with the standards and criteria in this subdivision. 
137.24     Sec. 13.  Minnesota Statutes 2000, section 45.012, is 
137.25  amended to read: 
137.26     45.012 [COMMISSIONER.] 
137.27     (a) The department of commerce is under the supervision and 
137.28  control of the commissioner of commerce.  The commissioner is 
137.29  appointed by the governor in the manner provided by section 
137.30  15.06.  
137.31     (b) Data that is received by the commissioner or the 
137.32  commissioner's designee by virtue of membership or participation 
137.33  in an association, group, or organization that is not otherwise 
137.34  subject to chapter 13 is confidential or protected nonpublic 
137.35  data but may be shared with the department employees as the 
137.36  commissioner considers appropriate.  The commissioner may 
138.1   release the data to any person, agency, or the public if the 
138.2   commissioner determines that the access will aid the law 
138.3   enforcement process, promote public health or safety, or dispel 
138.4   widespread rumor or unrest.  
138.5      (c) It is part of the department's mission that within the 
138.6   department's resources the commissioner shall endeavor to: 
138.7      (1) prevent the waste or unnecessary spending of public 
138.8   money; 
138.9      (2) use innovative fiscal and human resource practices to 
138.10  manage the state's resources and operate the department as 
138.11  efficiently as possible; 
138.12     (3) coordinate the department's activities wherever 
138.13  appropriate with the activities of other governmental agencies; 
138.14     (4) use technology where appropriate to increase agency 
138.15  productivity, improve customer service, increase public access 
138.16  to information about government, and increase public 
138.17  participation in the business of government; 
138.18     (5) utilize constructive and cooperative labor-management 
138.19  practices to the extent otherwise required by chapters 43A and 
138.20  179A; 
138.21     (6) report to the legislature on the performance of agency 
138.22  operations and the accomplishment of agency goals in the 
138.23  agency's biennial budget according to section 16A.10, 
138.24  subdivision 1; and 
138.25     (7) recommend to the legislature appropriate changes in law 
138.26  necessary to carry out the mission and improve the performance 
138.27  of the department. 
138.28     (d) The commissioner also has all the powers and 
138.29  responsibilities and shall perform all the duties previously 
138.30  assigned to the commissioner of public service and the 
138.31  department of public service under chapters 216, 216A, 216B, 
138.32  216C, 237, 238, 239, and other statutes prior to the date of 
138.33  final enactment of this act, except in the case where those 
138.34  powers, responsibilities, or duties have been specifically 
138.35  otherwise assigned by law. 
138.36     Sec. 14.  Minnesota Statutes 2000, section 103F.325, 
139.1   subdivision 2, is amended to read: 
139.2      Subd. 2.  [REVIEW AND HEARING.] (a) The commissioner shall 
139.3   make the proposed management plan available to affected local 
139.4   governmental bodies, shoreland owners, conservation and outdoor 
139.5   recreation groups, the commissioner of trade and economic 
139.6   development, the commissioner of public service commerce, the 
139.7   governor, and the general public.  The commissioners of trade 
139.8   and economic development and of public service, the state energy 
139.9   office in the department of commerce, and the governor shall 
139.10  review the proposed management plan in accordance with the 
139.11  criteria in section 86A.09, subdivision 3, and submit any 
139.12  written comments to the commissioner within 60 days after 
139.13  receipt of the proposed management plan.  
139.14     (b) By 60 days after making the information available, the 
139.15  commissioner shall conduct a public hearing on the proposed 
139.16  management plan in the county seat of each county that contains 
139.17  a portion of the designated system area, in the manner provided 
139.18  in chapter 14.  
139.19     Sec. 15.  Minnesota Statutes 2000, section 103F.325, 
139.20  subdivision 3, is amended to read: 
139.21     Subd. 3.  [POST HEARING REVIEW.] Upon receipt of the 
139.22  administrative law judge's report, the commissioner shall 
139.23  immediately forward the proposed management plan and the 
139.24  administrative law judge's report to the commissioners of trade 
139.25  and economic development and of public service commerce for 
139.26  review under section 86A.09, subdivision 3, except that the 
139.27  review by the commissioners must be completed or be deemed 
139.28  completed within 30 days after receiving the administrative law 
139.29  judge's report, and the review by the governor must be completed 
139.30  or be deemed completed within 15 days after receipt.  
139.31     Sec. 16.  Minnesota Statutes 2000, section 115A.15, 
139.32  subdivision 5, is amended to read: 
139.33     Subd. 5.  [REPORTS.] (a) By January 1 of each odd-numbered 
139.34  year, the commissioner of administration shall submit a report 
139.35  to the governor and to the environment and natural resources 
139.36  committees of the senate and house of representatives, the 
140.1   finance division of the senate committee on environment and 
140.2   natural resources, and the house of representatives committee on 
140.3   environment and natural resources finance summarizing past 
140.4   activities and proposed goals of the program for the following 
140.5   biennium.  The report shall include at least: 
140.6      (1) a summary list of product and commodity purchases that 
140.7   contain recycled materials; 
140.8      (2) the results of any performance tests conducted on 
140.9   recycled products and agencies' experience with recycled 
140.10  products used; 
140.11     (3) a list of all organizations participating in and using 
140.12  the cooperative purchasing program; and 
140.13     (4) a list of products and commodities purchased for their 
140.14  recyclability and of recycled products reviewed for purchase. 
140.15     (b) By July 1 of each even-numbered year, the director of 
140.16  the office of environmental assistance and the commissioner of 
140.17  public service commerce through the state energy office shall 
140.18  submit recommendations to the commissioner regarding the 
140.19  operation of the program. 
140.20     Sec. 17.  Minnesota Statutes 2000, section 116O.06, 
140.21  subdivision 2, is amended to read: 
140.22     Subd. 2.  [EQUITY INVESTMENTS.] The corporation may acquire 
140.23  an interest in a product or a private business entity, except 
140.24  that the corporation may not acquire an interest in a business 
140.25  entity engaged in a trade or industry whose profits are directly 
140.26  regulated by the commissioner of commerce or the department of 
140.27  public service public utilities commission.  The corporation may 
140.28  enter into joint venture agreements with other private 
140.29  corporations to promote economic development and job creation.  
140.30     Sec. 18.  Minnesota Statutes 2000, section 123B.65, 
140.31  subdivision 1, is amended to read: 
140.32     Subdivision 1.  [DEFINITIONS.] The definitions in this 
140.33  subdivision apply to this section. 
140.34     (a) "Energy conservation measure" means a training program 
140.35  or facility alteration designed to reduce energy consumption or 
140.36  operating costs and includes: 
141.1      (1) insulation of the building structure and systems within 
141.2   the building; 
141.3      (2) storm windows and doors, caulking or weatherstripping, 
141.4   multiglazed windows and doors, heat absorbing or heat reflective 
141.5   glazed and coated window and door systems, additional glazing, 
141.6   reductions in glass area, and other window and door system 
141.7   modifications that reduce energy consumption; 
141.8      (3) automatic energy control systems; 
141.9      (4) heating, ventilating, or air conditioning system 
141.10  modifications or replacements; 
141.11     (5) replacement or modifications of lighting fixtures to 
141.12  increase the energy efficiency of the lighting system without 
141.13  increasing the overall illumination of a facility, unless such 
141.14  increase in illumination is necessary to conform to the 
141.15  applicable state or local building code for the lighting system 
141.16  after the proposed modifications are made; 
141.17     (6) energy recovery systems; 
141.18     (7) cogeneration systems that produce steam or forms of 
141.19  energy such as heat, as well as electricity, for use primarily 
141.20  within a building or complex of buildings; 
141.21     (8) energy conservation measures that provide long-term 
141.22  operating cost reductions.  
141.23     (b) "Guaranteed energy savings contract" means a contract 
141.24  for the evaluation and recommendations of energy conservation 
141.25  measures, and for one or more energy conservation measures.  The 
141.26  contract must provide that all payments, except obligations on 
141.27  termination of the contract before its expiration, are to be 
141.28  made over time, but not to exceed 15 years from the date of 
141.29  final installation, and the savings are guaranteed to the extent 
141.30  necessary to make payments for the systems. 
141.31     (c) "Qualified provider" means a person or business 
141.32  experienced in the design, implementation, and installation of 
141.33  energy conservation measures.  A qualified provider to whom the 
141.34  contract is awarded shall give a sufficient bond to the school 
141.35  district for its faithful performance. 
141.36     (d) "Commissioner" means the commissioner of public service 
142.1   commerce through the state energy office. 
142.2      Sec. 19.  Minnesota Statutes 2000, section 123B.65, 
142.3   subdivision 3, is amended to read: 
142.4      Subd. 3.  [EVALUATION BY COMMISSIONER.] Upon request of the 
142.5   board, the commissioner of public service shall review the 
142.6   report required in subdivision 2 and provide an evaluation to 
142.7   the board on the proposed contract within 15 working days of 
142.8   receiving the report.  In evaluating the proposed contract, the 
142.9   commissioner shall determine whether the detailed calculations 
142.10  of the costs and of the energy and operating savings are 
142.11  accurate and reasonable.  The commissioner may request 
142.12  additional information about a proposed contract as the 
142.13  commissioner deems necessary.  If the commissioner requests 
142.14  additional information, the commissioner shall not be required 
142.15  to submit an evaluation to the board within fewer than ten 
142.16  working days of receiving the requested information.  
142.17     Sec. 20.  Minnesota Statutes 2000, section 123B.65, 
142.18  subdivision 5, is amended to read: 
142.19     Subd. 5.  [PAYMENT OF REVIEW EXPENSES.] The commissioner of 
142.20  public service may charge a district requesting services under 
142.21  subdivisions 3 and 4 actual costs incurred by the department 
142.22  of public service commerce while conducting the review, or 
142.23  one-half percent of the total identified project cost, whichever 
142.24  is less.  Before conducting the review, the commissioner shall 
142.25  notify a district requesting review services that expenses will 
142.26  be charged to the district.  The commissioner shall bill the 
142.27  district upon completion of the contract review.  Money 
142.28  collected by the commissioner under this subdivision must be 
142.29  deposited in the general fund.  A district may include the cost 
142.30  of a review by the commissioner under subdivision 3 in a 
142.31  contract made pursuant to this section. 
142.32     Sec. 21.  Minnesota Statutes 2000, section 161.45, 
142.33  subdivision 1, is amended to read: 
142.34     Subdivision 1.  [RULES.] Electric transmission, telephone 
142.35  or telegraph lines, pole lines, community antenna television 
142.36  lines, railways, ditches, sewers, water, heat or gas mains, gas 
143.1   and other pipe lines, flumes, or other structures which, under 
143.2   the laws of this state or the ordinance of any city, may be 
143.3   constructed, placed, or maintained across or along any trunk 
143.4   highway, or the roadway thereof, by any person, persons, 
143.5   corporation, or any subdivision of the state, may be so 
143.6   maintained or hereafter constructed only in accordance with such 
143.7   rules as may be prescribed by the commissioner who shall have 
143.8   power to prescribe and enforce reasonable rules with reference 
143.9   to the placing and maintaining along, across, or in any such 
143.10  trunk highway of any of the utilities hereinbefore set forth.  
143.11  Nothing herein shall restrict the actions of public authorities 
143.12  in extraordinary emergencies nor restrict the power and 
143.13  authority of the department of public service commissioner of 
143.14  commerce as provided for in other provisions of law.  Provided, 
143.15  however, that in the event any local subdivision of government 
143.16  has enacted ordinances relating to the method of installation or 
143.17  requiring underground installation of such community antenna 
143.18  television lines, the permit granted by the commissioner of 
143.19  transportation shall require compliance with such local 
143.20  ordinance. 
143.21     Sec. 22.  Minnesota Statutes 2000, section 168.61, 
143.22  subdivision 1, is amended to read: 
143.23     Subdivision 1.  [DEFINITION.] The term "intercity bus" as 
143.24  used in sections 168.61 to 168.65 means a motor bus as defined 
143.25  in section 168.011, subdivision 9, which is owned or operated by 
143.26  either a resident or nonresident of Minnesota in interstate 
143.27  commerce under authority of the Interstate Commerce Commission 
143.28  or in combined interstate and intrastate commerce under 
143.29  authority of the Interstate Commerce Commission and the 
143.30  department of public service transportation of Minnesota, as a 
143.31  result of which operation such bus operates both within and 
143.32  without the territorial limits of the state of Minnesota.  
143.33     Sec. 23.  Minnesota Statutes 2000, section 169.073, is 
143.34  amended to read: 
143.35     169.073 [PROHIBITED LIGHT OR SIGNAL.] 
143.36     (a) No person or corporation shall place, maintain or 
144.1   display any red light or red sign, signal, or lighting device or 
144.2   maintain it in view of any highway or any line of railroad on or 
144.3   over which trains are operated in such a way as to interfere 
144.4   with the effectiveness or efficiency of any highway 
144.5   traffic-control device or signals or devices used in the 
144.6   operation of a railroad.  Upon written notice from the 
144.7   commissioner of transportation, a person or corporation 
144.8   maintaining or owning or displaying a prohibited light shall 
144.9   promptly remove it, or change the color of it to some other 
144.10  color than red.  Where a prohibited light or sign interferes 
144.11  with the effectiveness or efficiency of the signals or devices 
144.12  used in the operation of a railroad, the department of public 
144.13  service transportation may cause the removal of it and the 
144.14  department may issue notices and orders for its removal.  The 
144.15  department shall proceed as provided in sections 216.13, 216.14, 
144.16  216.15, 216.16, and 216.17, with a right of appeal to the 
144.17  aggrieved party in accordance with chapter 14. 
144.18     (b) No person or corporation shall maintain or display any 
144.19  light after written notice from the commissioner of 
144.20  transportation or the department of public service that the 
144.21  light constitutes a traffic hazard and that it has ordered the 
144.22  removal thereof. 
144.23     Sec. 24.  Minnesota Statutes 2000, section 174.03, 
144.24  subdivision 7, is amended to read: 
144.25     Subd. 7.  [ENERGY CONSERVATION.] The commissioner, in 
144.26  cooperation with the commissioner of public service commerce 
144.27  through the state energy office, shall evaluate all modes of 
144.28  transportation in terms of their levels of energy consumption.  
144.29  The commissioner of public service commerce shall provide the 
144.30  commissioner with projections of the future availability of 
144.31  energy resources for transportation.  The commissioner shall use 
144.32  the results of this evaluation and the projections to evaluate 
144.33  alternative programs and facilities to be included in the 
144.34  statewide plan and to otherwise promote the more efficient use 
144.35  of energy resources for transportation purposes. 
144.36     Sec. 25.  Minnesota Statutes 2000, section 181.30, is 
145.1   amended to read: 
145.2      181.30 [DUTY OF DEPARTMENT OF PUBLIC SERVICE.] 
145.3      Any officer of any railroad company in the state violating 
145.4   any of the provisions of section 181.29 shall be guilty of a 
145.5   misdemeanor; and, upon conviction, punished by a fine of not 
145.6   less than $100, and not more than $700, for each offense, or by 
145.7   imprisonment in the county jail not more than 60 days, or both 
145.8   fine and imprisonment, at the discretion of the court.  It shall 
145.9   be the duty of the state department of public 
145.10  service transportation, upon complaint properly filed with it 
145.11  alleging a violation of section 181.29, to make a full 
145.12  investigation in relation thereto, and for such purpose it shall 
145.13  have the power to administer oaths, interrogate witnesses, take 
145.14  testimony and require the production of books and papers, and if 
145.15  such report shall show a violation of the provisions of section 
145.16  181.29, the department of public service transportation shall, 
145.17  through the attorney general, begin the prosecution of all 
145.18  parties against whom evidence of such violation is found; but 
145.19  section 181.29 shall not be construed to prevent any other 
145.20  person from beginning prosecution for the violation of the 
145.21  provisions thereof.  
145.22     Sec. 26.  Minnesota Statutes 2000, section 216A.01, is 
145.23  amended to read: 
145.24     216A.01 [ESTABLISHMENT OF DEPARTMENT AND COMMISSION; POWERS 
145.25  AND DUTIES.] 
145.26     There are hereby created and established the department of 
145.27  public service, and the public utilities commission.  The 
145.28  department of public service commerce shall have and possess all 
145.29  of the rights and powers and perform all of the duties vested in 
145.30  it by this chapter.  The public utilities commission shall have 
145.31  and possess all of the rights and powers and perform all of the 
145.32  duties vested in it by this chapter, and those formerly vested 
145.33  by law in the railroad and warehouse commission. 
145.34     Sec. 27.  Minnesota Statutes 2000, section 216A.035, is 
145.35  amended to read: 
145.36     216A.035 [CONFLICT OF INTEREST.] 
146.1      (a) No person, while a member of the public utilities 
146.2   commission, while acting as executive secretary of the 
146.3   commission, or while employed in a professional capacity by the 
146.4   commission, shall receive any income, other than dividends or 
146.5   other earnings from a mutual fund or trust if these earnings do 
146.6   not constitute a significant portion of the person's income, 
146.7   directly or indirectly from any public utility or other 
146.8   organization subject to regulation by the commission. 
146.9      (b) No person is eligible to be appointed as a member of 
146.10  the commission if the person has been employed with an entity, 
146.11  or an affiliated company of an entity, that is subject to rate 
146.12  regulation by the commission within one year from the date when 
146.13  the person's term on the commission will begin. 
146.14     (c) No person who is an employee of the public service 
146.15  department of commerce shall participate in any manner in any 
146.16  decision or action of the commission where that person has a 
146.17  direct or indirect financial interest.  Each commissioner or 
146.18  employee of the public service department who is in the general 
146.19  professional, supervisory, or technical units established in 
146.20  section 179A.10 or who is a professional, supervisory, or 
146.21  technical employee defined as confidential in section 179A.03, 
146.22  subdivision 4, or who is a management classification employee 
146.23  and whose duties are related to public utilities or 
146.24  transportation utility, telephone company, or telecommunications 
146.25  company regulation shall report to the campaign finance and 
146.26  public disclosure board annually before April 15 any interest in 
146.27  an industry or business regulated by the commission.  Each 
146.28  commissioner shall file a statement of economic interest as 
146.29  required by section 10A.09 with the campaign finance and public 
146.30  disclosure board and the public utilities commission before 
146.31  taking office.  The statement of economic interest must state 
146.32  any interest that the commissioner has in an industry or 
146.33  business regulated by the commission. 
146.34     (d) A professional employee of the commission or department 
146.35  must immediately disclose to the commission or to the 
146.36  commissioner of the department, respectively, any communication, 
147.1   direct or indirect, with a person who is a party to a pending 
147.2   proceeding before the commission regarding future benefits, 
147.3   compensation, or employment to be received from that person. 
147.4      Sec. 28.  Minnesota Statutes 2000, section 216A.036, is 
147.5   amended to read: 
147.6      216A.036 [EMPLOYMENT RESTRICTIONS.] 
147.7      (a) A person who serves as (1) a commissioner of the public 
147.8   utilities commission, (2) commissioner of the department of 
147.9   public service commerce, or (3) deputy commissioner of the 
147.10  department commerce, shall not, while employed with or within 
147.11  one year after leaving the commission, or department, accept 
147.12  employment with, receive compensation directly or indirectly 
147.13  from, or enter into a contractual relationship with an entity, 
147.14  or an affiliated company of an entity, that is subject to rate 
147.15  regulation by the commission. 
147.16     (b) An entity or an affiliated company of an entity that is 
147.17  subject to rate regulation by the commission, or a person acting 
147.18  on behalf of the entity, shall not negotiate or offer to employ 
147.19  or compensate a commissioner of the public utilities commission, 
147.20  the commissioner of public service commerce, or the deputy 
147.21  commissioner of commerce, while the person is so employed or 
147.22  within one year after the person leaves that employment. 
147.23     (c) For the purposes of this section, "affiliated company" 
147.24  means a company that controls, is controlled by, or is under 
147.25  common control with an entity subject to rate regulation by the 
147.26  commission. 
147.27     (d) A person who violates this section is subject to a 
147.28  civil penalty not to exceed $10,000 for each violation.  The 
147.29  attorney general may bring an action in district court to 
147.30  collect the penalties provided in this section.  
147.31     Sec. 29.  Minnesota Statutes 2000, section 216A.05, 
147.32  subdivision 1, is amended to read: 
147.33     Subdivision 1.  [LEGISLATIVE AND QUASI-JUDICIAL FUNCTIONS.] 
147.34  The functions of the commission shall be legislative and 
147.35  quasi-judicial in nature.  It may make such investigations and 
147.36  determinations, hold such hearings, prescribe such rules and 
148.1   issue such orders with respect to the control and conduct of the 
148.2   businesses coming within its jurisdiction as the legislature 
148.3   itself might make but only as it shall from time to time 
148.4   authorize.  It may adjudicate all proceedings brought before it 
148.5   in which the violation of any law or rule administered by the 
148.6   department of commerce is alleged. 
148.7      Sec. 30.  Minnesota Statutes 2000, section 216A.07, 
148.8   subdivision 1, is amended to read: 
148.9      Subdivision 1.  [ADMINISTRATIVE COMMISSIONER DUTIES.] The 
148.10  commissioner shall be the executive and administrative head of 
148.11  the public service department and shall have and possess of 
148.12  commerce has all the rights and powers and shall perform all the 
148.13  duties relating to the administrative function of the department 
148.14  as set forth in this chapter.  The commissioner may: 
148.15     (1) prepare all forms or blanks for the purpose of 
148.16  obtaining information which the commissioner may deem necessary 
148.17  or useful in the proper exercise of the authority and duties of 
148.18  the commissioner in connection with regulated businesses; 
148.19     (2) prescribe the time and manner within which forms or 
148.20  blanks shall be filed with the department; 
148.21     (3) inspect at all reasonable times, and copy the books, 
148.22  records, memoranda and correspondence or other documents and 
148.23  records of any person relating to any regulated business; and 
148.24     (4) cause the deposition to be taken of any person 
148.25  concerning the business and affairs of any business regulated by 
148.26  the department.  Information sought through said deposition 
148.27  shall be for a lawfully authorized purpose and shall be relevant 
148.28  and material to the investigation or hearing before the 
148.29  commission.  Information obtained from said deposition shall be 
148.30  used by the department only for a lawfully authorized purpose 
148.31  and pursuant to powers and responsibilities conferred upon the 
148.32  department.  Said deposition is to be taken in the manner 
148.33  prescribed by law for taking depositions in civil actions in the 
148.34  district court. 
148.35     Sec. 31.  Minnesota Statutes 2000, section 216A.08, is 
148.36  amended to read: 
149.1      216A.08 [CONTINUATION OF RULES OF PUBLIC SERVICE 
149.2   DEPARTMENT.] 
149.3      All valid rules, orders, and directives heretofore 
149.4   enforced, issued, or promulgated by the public service 
149.5   department under authority of chapter 216, 216A, 216B, 216C, 
149.6   218, 219, 221, or 222, 237, 238, or 239 shall remain and 
149.7   continue in force and effect until repealed, modified, or 
149.8   superseded by duly authorized rules, orders, or directives of 
149.9   the public utilities commission or, the commissioner of 
149.10  transportation, or the commissioner of commerce. 
149.11     Sec. 32.  Minnesota Statutes 2000, section 216A.085, 
149.12  subdivision 3, is amended to read: 
149.13     Subd. 3.  [STAFFING.] The intervention office shall be 
149.14  under the control and supervision of the commissioner of the 
149.15  department of public service commerce.  The commissioner may 
149.16  hire staff or contract for outside services as needed to carry 
149.17  out the purposes of this section.  The attorney general shall 
149.18  act as counsel in all intervention proceedings.  
149.19     Sec. 33.  Minnesota Statutes 2000, section 216B.02, 
149.20  subdivision 1, is amended to read: 
149.21     Subdivision 1.  [SCOPE.] For the purposes of Laws 1974, 
149.22  chapter 429 this chapter the terms defined in this section have 
149.23  the meanings given them. 
149.24     Sec. 34.  Minnesota Statutes 2000, section 216B.02, 
149.25  subdivision 7, is amended to read: 
149.26     Subd. 7.  [COMMISSION.] "Commission" means the public 
149.27  utilities commission of the department of public service. 
149.28     Sec. 35.  Minnesota Statutes 2000, section 216B.02, 
149.29  subdivision 8, is amended to read: 
149.30     Subd. 8.  [DEPARTMENT.] "Department" means the department 
149.31  of public service commerce of the state of Minnesota. 
149.32     Sec. 36.  Minnesota Statutes 2000, section 216B.16, 
149.33  subdivision 1, is amended to read: 
149.34     Subdivision 1.  [NOTICE.] Unless the commission otherwise 
149.35  orders, no public utility shall change a rate which has been 
149.36  duly established under this chapter, except upon 60 days' notice 
150.1   to the commission.  The notice shall include statements of 
150.2   facts, expert opinions, substantiating documents, and exhibits, 
150.3   supporting the change requested, and state the change proposed 
150.4   to be made in the rates then in force and the time when the 
150.5   modified rates will go into effect.  If the filing utility does 
150.6   not have an approved conservation improvement plan on file with 
150.7   the department of public service, it shall also include in its 
150.8   notice an energy conservation plan pursuant to section 
150.9   216B.241.  The filing utility shall give written notice, as 
150.10  approved by the commission, of the proposed change to the 
150.11  governing body of each municipality and county in the area 
150.12  affected.  All proposed changes shall be shown by filing new 
150.13  schedules or shall be plainly indicated upon schedules on file 
150.14  and in force at the time. 
150.15     Sec. 37.  Minnesota Statutes 2000, section 216B.16, 
150.16  subdivision 2, is amended to read: 
150.17     Subd. 2.  [SUSPENSION OF PROPOSED RATE; HEARING; FINAL 
150.18  DETERMINATION DEFINED.] (a) Whenever there is filed with the 
150.19  commission a schedule modifying or resulting in a change in any 
150.20  rates then in force as provided in subdivision 1, the commission 
150.21  may suspend the operation of the schedule by filing with the 
150.22  schedule of rates and delivering to the affected utility a 
150.23  statement in writing of its reasons for the suspension at any 
150.24  time before the rates become effective.  The suspension shall 
150.25  not be for a longer period than ten months beyond the initial 
150.26  filing date except as provided in this subdivision or 
150.27  subdivision 1a.  
150.28     (b) During the suspension the commission shall determine 
150.29  whether all questions of the reasonableness of the rates 
150.30  requested raised by persons deemed interested or by the 
150.31  administrative division of the department of public service can 
150.32  be resolved to the satisfaction of the commission.  If the 
150.33  commission finds that all significant issues raised have not 
150.34  been resolved to its satisfaction, or upon petition by ten 
150.35  percent of the affected customers or 250 affected customers, 
150.36  whichever is less, it shall refer the matter to the office of 
151.1   administrative hearings with instructions for a public hearing 
151.2   as a contested case pursuant to chapter 14, except as otherwise 
151.3   provided in this section. 
151.4      (c) The commission may order that the issues presented by 
151.5   the proposed rate changes be bifurcated into two separate 
151.6   hearings as follows:  (1) determination of the utility's revenue 
151.7   requirements and (2) determination of the rate design.  Upon 
151.8   issuance of both administrative law judge reports, the issues 
151.9   shall again be joined for consideration and final determination 
151.10  by the commission. 
151.11     (d) All prehearing discovery activities of state agency 
151.12  intervenors shall be consolidated and conducted by the 
151.13  department of public service commerce. 
151.14     (e) If the commission does not make a final determination 
151.15  concerning a schedule of rates within ten months after the 
151.16  initial filing date, the schedule shall be deemed to have been 
151.17  approved by the commission; except if: 
151.18     (1) an extension of the procedural schedule has been 
151.19  granted under subdivision 1a, in which case the schedule of 
151.20  rates is deemed to have been approved by the commission on the 
151.21  last day of the extended period of suspension; or 
151.22     (2) a settlement has been submitted to and rejected by the 
151.23  commission and the commission does not make a final 
151.24  determination concerning the schedule of rates, the schedule of 
151.25  rates is deemed to have been approved 60 days after the initial 
151.26  or, if applicable, the extended period of suspension. 
151.27     (f) If the commission finds that it has insufficient time 
151.28  during the suspension period to make a final determination of a 
151.29  case involving changes in general rates because of the need to 
151.30  make a final determination of another previously filed case 
151.31  involving changes in general rates under this section or section 
151.32  237.075, the commission may extend the suspension period to the 
151.33  extent necessary to allow itself 20 working days to make the 
151.34  final determination after it has made a final determination in 
151.35  the previously filed case.  An extension of the suspension 
151.36  period under this paragraph does not alter the setting of 
152.1   interim rates under subdivision 3. 
152.2      (g) For the purposes of this section, "final determination" 
152.3   means the initial decision of the commission and not any order 
152.4   which may be entered by the commission in response to a petition 
152.5   for rehearing or other further relief.  The commission may 
152.6   further suspend rates until it determines all those petitions. 
152.7      Sec. 38.  Minnesota Statutes 2000, section 216B.16, 
152.8   subdivision 6b, is amended to read: 
152.9      Subd. 6b.  [ENERGY CONSERVATION IMPROVEMENT.] (a) Except as 
152.10  otherwise provided in this subdivision, all investments and 
152.11  expenses of a public utility as defined in section 216B.241, 
152.12  subdivision 1, paragraph (e), incurred in connection with energy 
152.13  conservation improvements shall be recognized and included by 
152.14  the commission in the determination of just and reasonable rates 
152.15  as if the investments and expenses were directly made or 
152.16  incurred by the utility in furnishing utility service. 
152.17     (b) After December 31, 1999, investments and expenses for 
152.18  energy conservation improvements shall not be included by the 
152.19  commission in the determination of just and reasonable electric 
152.20  and gas rates for retail electric and gas service provided to 
152.21  large electric customer facilities that have been exempted by 
152.22  the commissioner of the department of public service pursuant to 
152.23  section 216B.241, subdivision 1a, paragraph (b).  However, no 
152.24  public utility shall be prevented from recovering its investment 
152.25  in energy conservation improvements from all customers that were 
152.26  made on or before December 31, 1999, in compliance with the 
152.27  requirements of section 216B.241.  
152.28     (c) The commission may permit a public utility to file rate 
152.29  schedules providing for annual recovery of the costs of energy 
152.30  conservation improvements.  These rate schedules may be 
152.31  applicable to less than all the customers in a class of retail 
152.32  customers if necessary to reflect the differing minimum spending 
152.33  requirements of section 216B.241, subdivision 1a.  After 
152.34  December 31, 1999, the commission shall allow a public utility, 
152.35  without requiring a general rate filing under this section, to 
152.36  reduce the electric and gas rates applicable to large electric 
153.1   customer facilities that have been exempted by the commissioner 
153.2   of the department of public service pursuant to section 
153.3   216B.241, subdivision 1a, paragraph (b), by an amount that 
153.4   reflects the elimination of energy conservation improvement 
153.5   investments or expenditures for those facilities required on or 
153.6   before December 31, 1999.  In the event that the commission has 
153.7   set electric or gas rates based on the use of an accounting 
153.8   methodology that results in the cost of conservation 
153.9   improvements being recovered from utility customers over a 
153.10  period of years, the rate reduction may occur in a series of 
153.11  steps to coincide with the recovery of balances due to the 
153.12  utility for conservation improvements made by the utility on or 
153.13  before December 31, 1999.  
153.14     Sec. 39.  Minnesota Statutes 2000, section 216B.16, 
153.15  subdivision 15, is amended to read: 
153.16     Subd. 15.  [LOW-INCOME RATE PROGRAMS; REPORT.] (a) The 
153.17  commission may consider ability to pay as a factor in setting 
153.18  utility rates and may establish programs for low-income 
153.19  residential ratepayers in order to ensure affordable, reliable, 
153.20  and continuous service to low-income utility customers.  The 
153.21  commission shall order a pilot program for at least one 
153.22  utility.  In ordering pilot programs, the commission shall 
153.23  consider the following: 
153.24     (1) the potential for low-income programs to provide 
153.25  savings to the utility for all collection costs including but 
153.26  not limited to:  costs of disconnecting and reconnecting 
153.27  residential ratepayers' service, all activities related to the 
153.28  utilities' attempt to collect past due bills, utility working 
153.29  capital costs, and any other administrative costs related to 
153.30  inability to pay programs and initiatives; 
153.31     (2) the potential for leveraging federal low-income energy 
153.32  dollars to the state; and 
153.33     (3) the impact of energy costs as a percentage of the total 
153.34  income of a low-income residential customer. 
153.35     (b) In determining the structure of the pilot utility 
153.36  program, the commission shall: 
154.1      (1) consult with advocates for and representatives of 
154.2   low-income utility customers, administrators of energy 
154.3   assistance and conservation programs, and utility 
154.4   representatives; 
154.5      (2) coordinate eligibility for the program with the state 
154.6   and federal energy assistance program and low-income residential 
154.7   energy programs, including weatherization programs; and 
154.8      (3) evaluate comprehensive low-income programs offered by 
154.9   utilities in other states. 
154.10     (c) The commission shall implement at least one pilot 
154.11  project by January 1, 1995, and shall allow a utility required 
154.12  to implement a pilot project to recover the net costs of the 
154.13  project in the utility's rates. 
154.14     (d) The commission, in conjunction with the commissioner of 
154.15  the department of public service and the commissioner of 
154.16  economic security, shall review low-income rate programs and 
154.17  shall report to the legislature by January 1, 1998.  The report 
154.18  must include: 
154.19     (1) the increase in federal energy assistance money 
154.20  leveraged by the state as a result of this program; 
154.21     (2) the effect of the program on low-income customer's 
154.22  ability to pay energy costs; 
154.23     (3) the effect of the program on utility customer bad debt 
154.24  and arrearages; 
154.25     (4) the effect of the program on the costs and numbers of 
154.26  utility disconnections and reconnections and other costs 
154.27  incurred by the utility in association with inability to pay 
154.28  programs; 
154.29     (5) the ability of the utility to recover the costs of the 
154.30  low-income program without a general rate change; 
154.31     (6) how other ratepayers have been affected by this 
154.32  program; 
154.33     (7) recommendations for continuing, eliminating, or 
154.34  expanding the low-income pilot program; and 
154.35     (8) how general revenue funds may be utilized in 
154.36  conjunction with low-income programs. 
155.1      Sec. 40.  Minnesota Statutes 2000, section 216B.162, 
155.2   subdivision 7, is amended to read: 
155.3      Subd. 7.  [COMMISSION DETERMINATION.] (a) Except as 
155.4   provided under subdivision 6, competitive rates offered by 
155.5   electric utilities under this section must be filed with the 
155.6   commission and must be approved, modified, or rejected by the 
155.7   commission within 90 days.  The utility's filing must include 
155.8   statements of fact demonstrating that the proposed rates meet 
155.9   the standards of this subdivision.  The filing must be served on 
155.10  the department of public service and the office of the attorney 
155.11  general at the same time as it is served on the commission. 
155.12     (b) In reviewing a specific rate proposal, the commission 
155.13  shall determine: 
155.14     (1) that the rate meets the terms and conditions in 
155.15  subdivision 4, unless the commission determines that waiver of 
155.16  one or more terms and conditions would be in the public 
155.17  interest; 
155.18     (2) that the consumer can obtain its energy requirements 
155.19  from an energy supplier not rate-regulated by the commission 
155.20  under section 216B.16; 
155.21     (3) that the customer is not likely to take service from 
155.22  the electric utility seeking to offer the competitive rate if 
155.23  the customer was charged the electric utility's standard 
155.24  tariffed rate; and 
155.25     (4) that after consideration of environmental and 
155.26  socioeconomic impacts it is in the best interest of all other 
155.27  customers to offer the competitive rate to the customer subject 
155.28  to effective competition. 
155.29     (c) If the commission approves the competitive rate, it 
155.30  becomes effective as agreed to by the electric utility and the 
155.31  customer.  If the competitive rate is modified by the 
155.32  commission, the commission shall issue an order modifying the 
155.33  competitive rate subject to the approval of the electric utility 
155.34  and the customer.  Each party has ten days in which to reject 
155.35  the proposed modification.  If no party rejects the proposed 
155.36  modification, the commissioner's order becomes final.  If either 
156.1   party rejects the commission's proposed modification, the 
156.2   electric utility, on its behalf or on the behalf of the 
156.3   customer, may submit to the commission a modified version of the 
156.4   commission's proposal.  The commission shall accept or reject 
156.5   the modified version within 30 days.  If the commission rejects 
156.6   the competitive rate, it shall issue an order indicating the 
156.7   reasons for the rejection. 
156.8      Sec. 41.  Minnesota Statutes 2000, section 216B.162, 
156.9   subdivision 11, is amended to read: 
156.10     Subd. 11.  [COMMISSION DETERMINATION.] (a) Proposals for 
156.11  discretionary rate reductions offered by utilities must be filed 
156.12  with the commission, with copies of the filing served upon the 
156.13  department of public service and the office of attorney general 
156.14  at the same time it is served upon the commission.  The 
156.15  commission shall review the proposals according to procedures 
156.16  developed under section 216B.05, subdivision 2a.  The commission 
156.17  shall not approve discretionary rate reductions offered by 
156.18  public utilities that do not have an accepted resource plan on 
156.19  file with the commission.  The commission shall not approve 
156.20  discretionary rate reductions unless the utility has made the 
156.21  customer aware of all cost-effective opportunities for energy 
156.22  efficiency improvements offered by the utility. 
156.23     (b) Public utilities that provide service under 
156.24  discretionary rate reductions shall not, through increased 
156.25  revenue requirements or through prospective rate design changes, 
156.26  recover any revenues foregone due to the discretionary rate 
156.27  reductions, nor shall the commission grant such recovery. 
156.28     Sec. 42.  Minnesota Statutes 2000, section 216B.1675, 
156.29  subdivision 9, is amended to read: 
156.30     Subd. 9.  [COMMISSION FINDINGS.] The commission shall issue 
156.31  findings concerning the appropriateness of the proposed plan.  
156.32  The commission may approve, reject, or modify the plan in a 
156.33  manner which meets the requirements of this section.  An 
156.34  approved or modified plan becomes effective unless the plan is 
156.35  withdrawn by the utility within 30 days of a final appealable 
156.36  order.  If the utility withdraws an approved or modified plan, 
157.1   all of the administrative costs related to the plan that are 
157.2   charged by the commission or the department of public service to 
157.3   the utility may not be recovered from ratepayers in current or 
157.4   subsequent rates.  A utility that withdraws an approved or 
157.5   modified plan may not file another plan under this section for a 
157.6   period of one year following the withdrawal of the plan. 
157.7      Sec. 43.  Minnesota Statutes 2000, section 216B.241, 
157.8   subdivision 1a, is amended to read: 
157.9      Subd. 1a.  [INVESTMENT, EXPENDITURE, AND CONTRIBUTION; 
157.10  PUBLIC UTILITY.] (a) For purposes of this subdivision and 
157.11  subdivision 2, "public utility" has the meaning given it in 
157.12  section 216B.02, subdivision 4.  Each public utility shall spend 
157.13  and invest for energy conservation improvements under this 
157.14  subdivision and subdivision 2 the following amounts: 
157.15     (1) for a utility that furnishes gas service, 0.5 percent 
157.16  of its gross operating revenues from service provided in the 
157.17  state; 
157.18     (2) for a utility that furnishes electric service, 1.5 
157.19  percent of its gross operating revenues from service provided in 
157.20  the state; and 
157.21     (3) for a utility that furnishes electric service and that 
157.22  operates a nuclear-powered electric generating plant within the 
157.23  state, two percent of its gross operating revenues from service 
157.24  provided in the state. 
157.25     For purposes of this paragraph (a), "gross operating 
157.26  revenues" do not include revenues from large electric customer 
157.27  facilities exempted by the commissioner of the department of 
157.28  public service pursuant to paragraph (b). 
157.29     (b) The owner of a large electric customer facility may 
157.30  petition the commissioner of the department of public service to 
157.31  exempt both electric and gas utilities serving the large energy 
157.32  customer facility from the investment and expenditure 
157.33  requirements of paragraph (a) with respect to retail revenues 
157.34  attributable to the facility.  At a minimum, the petition must 
157.35  be supported by evidence relating to competitive or economic 
157.36  pressures on the customer and a showing by the customer of 
158.1   reasonable efforts to identify, evaluate, and implement 
158.2   cost-effective conservation improvements at the facility.  If a 
158.3   petition is filed on or before October 1 of any year, the order 
158.4   of the commissioner to exempt revenues attributable to the 
158.5   facility can be effective no earlier than January 1 of the 
158.6   following year.  The commissioner shall not grant an exemption 
158.7   if the commissioner determines that granting the exemption is 
158.8   contrary to the public interest.  The commissioner may, after 
158.9   investigation, rescind any exemption granted under this 
158.10  paragraph upon a determination that cost-effective energy 
158.11  conservation improvements are available at the large electric 
158.12  customer facility.  For the purposes of this paragraph, 
158.13  "cost-effective" means that the projected total cost of the 
158.14  energy conservation improvement at the large electric customer 
158.15  facility is less than the projected present value of the energy 
158.16  and demand savings resulting from the energy conservation 
158.17  improvement.  For the purposes of investigations by the 
158.18  commissioner under this paragraph, the owner of any large 
158.19  electric customer facility shall, upon request, provide the 
158.20  commissioner with updated information comparable to that 
158.21  originally supplied in or with the owner's original petition 
158.22  under this paragraph. 
158.23     (c) The commissioner may require investments or spending 
158.24  greater than the amounts required under this subdivision for a 
158.25  public utility whose most recent advance forecast required under 
158.26  section 216B.2422 or 216C.17 projects a peak demand deficit of 
158.27  100 megawatts or greater within five years under mid-range 
158.28  forecast assumptions.  
158.29     (d) A public utility or owner of a large electric customer 
158.30  facility may appeal a decision of the commissioner under 
158.31  paragraph (b) or (c) to the commission under subdivision 2.  In 
158.32  reviewing a decision of the commissioner under paragraph (b) or 
158.33  (c), the commission shall rescind the decision if it finds that 
158.34  the required investments or spending will: 
158.35     (1) not result in cost-effective energy conservation 
158.36  improvements; or 
159.1      (2) otherwise not be in the public interest. 
159.2      (e) Each utility shall determine what portion of the amount 
159.3   it sets aside for conservation improvement will be used for 
159.4   conservation improvements under subdivision 2 and what portion 
159.5   it will contribute to the energy and conservation account 
159.6   established in subdivision 2a.  A public utility may propose to 
159.7   the commissioner to designate that all or a portion of funds 
159.8   contributed to the account established in subdivision 2a be used 
159.9   for research and development projects.  Contributions must be 
159.10  remitted to the commissioner of public service by February 1 of 
159.11  each year.  Nothing in this subdivision prohibits a public 
159.12  utility from spending or investing for energy conservation 
159.13  improvement more than required in this subdivision. 
159.14     Sec. 44.  Minnesota Statutes 2000, section 216B.241, 
159.15  subdivision 1b, is amended to read: 
159.16     Subd. 1b.  [CONSERVATION IMPROVEMENT BY COOPERATIVE 
159.17  ASSOCIATION OR MUNICIPALITY.] (a) This subdivision applies to: 
159.18     (1) a cooperative electric association that generates and 
159.19  transmits electricity to associations that provide electricity 
159.20  at retail including a cooperative electric association not 
159.21  located in this state that serves associations or others in the 
159.22  state; 
159.23     (2) a municipality that provides electric service to retail 
159.24  customers; and 
159.25     (3) a municipality with gross operating revenues in excess 
159.26  of $5,000,000 from sales of natural gas to retail customers.  
159.27     (b) Each cooperative electric association and municipality 
159.28  subject to this subdivision shall spend and invest for energy 
159.29  conservation improvements under this subdivision the following 
159.30  amounts: 
159.31     (1) for a municipality, 0.5 percent of its gross operating 
159.32  revenues from the sale of gas and one percent of its gross 
159.33  operating revenues from the sale of electricity not purchased 
159.34  from a public utility governed by subdivision 1a or a 
159.35  cooperative electric association governed by this subdivision, 
159.36  excluding gross operating revenues from electric and gas service 
160.1   provided in the state to large electric customer facilities; and 
160.2      (2) for a cooperative electric association, 1.5 percent of 
160.3   its gross operating revenues from service provided in the state, 
160.4   excluding gross operating revenues from service provided in the 
160.5   state to large electric customer facilities indirectly through a 
160.6   distribution cooperative electric association. 
160.7      (c) Each municipality and cooperative association subject 
160.8   to this subdivision shall identify and implement energy 
160.9   conservation improvement spending and investments that are 
160.10  appropriate for the municipality or association, except that a 
160.11  municipality or association may not spend or invest for energy 
160.12  conservation improvements that directly benefit a large electric 
160.13  customer facility.  Each municipality and cooperative electric 
160.14  association subject to this subdivision may spend and invest 
160.15  annually up to 15 percent of the total amount required to be 
160.16  spent and invested on energy conservation improvements under 
160.17  this subdivision on research and development projects that meet 
160.18  the definition of energy conservation improvement in subdivision 
160.19  1 and that are funded directly by the municipality or 
160.20  cooperative electric association.  Load management may be used 
160.21  to meet the requirements of this subdivision if it reduces the 
160.22  demand for or increases the efficiency of electric services.  A 
160.23  generation and transmission cooperative electric association may 
160.24  include as spending and investment required under this 
160.25  subdivision conservation improvement spending and investment by 
160.26  cooperative electric associations that provide electric service 
160.27  at retail to consumers and that are served by the generation and 
160.28  transmission association. 
160.29     (d) By February 1 of each year, each municipality or 
160.30  cooperative shall report to the commissioner its energy 
160.31  conservation improvement spending and investments with a brief 
160.32  analysis of effectiveness in reducing consumption of electricity 
160.33  or gas.  The commissioner shall review each report and make 
160.34  recommendations, where appropriate, to the municipality or 
160.35  association to increase the effectiveness of conservation 
160.36  improvement activities.  The commissioner shall also review each 
161.1   report for whether a portion of the money spent on residential 
161.2   conservation improvement programs is devoted to programs that 
161.3   directly address the needs of renters and low-income persons 
161.4   unless an insufficient number of appropriate programs are 
161.5   available.  For the purposes of this subdivision and subdivision 
161.6   2, "low-income" means an income of less than 185 percent of the 
161.7   federal poverty level. 
161.8      (e) As part of its spending for conservation improvement, a 
161.9   municipality or association may contribute to the energy and 
161.10  conservation account.  A municipality or association may propose 
161.11  to the commissioner to designate that all or a portion of funds 
161.12  contributed to the account be used for research and development 
161.13  projects.  Any amount contributed must be remitted to the 
161.14  commissioner of public service by February 1 of each year. 
161.15     Sec. 45.  Minnesota Statutes 2000, section 216B.241, 
161.16  subdivision 2b, is amended to read: 
161.17     Subd. 2b.  [RECOVERY OF EXPENSES.] The commission shall 
161.18  allow a utility to recover expenses resulting from a 
161.19  conservation improvement program required by the department and 
161.20  contributions to the energy and conservation account, unless the 
161.21  recovery would be inconsistent with a financial incentive 
161.22  proposal approved by the commission.  In addition, a utility may 
161.23  file annually, or the public utilities commission may require 
161.24  the utility to file, and the commission may approve, rate 
161.25  schedules containing provisions for the automatic adjustment of 
161.26  charges for utility service in direct relation to changes in the 
161.27  expenses of the utility for real and personal property taxes, 
161.28  fees, and permits, the amounts of which the utility cannot 
161.29  control.  A public utility is eligible to file for adjustment 
161.30  for real and personal property taxes, fees, and permits under 
161.31  this subdivision only if, in the year previous to the year in 
161.32  which it files for adjustment, it has spent or invested at least 
161.33  1.75 percent of its gross revenues from provision of electric 
161.34  service, excluding gross operating revenues from electric 
161.35  service provided in the state to large electric customer 
161.36  facilities for which the commissioner of public service has 
162.1   issued an exemption under subdivision 1a, paragraph (b), and 0.6 
162.2   percent of its gross revenues from provision of gas service, 
162.3   excluding gross operating revenues from gas services provided in 
162.4   the state to large electric customer facilities for which the 
162.5   commissioner of public service has issued an exemption under 
162.6   subdivision 1a, paragraph (b), for that year for energy 
162.7   conservation improvements under this section. 
162.8      Sec. 46.  Minnesota Statutes 2000, section 216C.01, 
162.9   subdivision 1, is amended to read: 
162.10     Subdivision 1.  [APPLICABILITY.] The definitions in this 
162.11  section apply to sections 216C.02, 216C.05, 216C.07 to 216C.19, 
162.12  216C.20 to 216C.35, and 216C.373 to 216C.381 this chapter. 
162.13     Sec. 47.  Minnesota Statutes 2000, section 216C.01, 
162.14  subdivision 2, is amended to read: 
162.15     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
162.16  commissioner of the department of public service commerce. 
162.17     Sec. 48.  Minnesota Statutes 2000, section 216C.01, 
162.18  subdivision 3, is amended to read: 
162.19     Subd. 3.  [DEPARTMENT.] "Department" means the department 
162.20  of public service commerce. 
162.21     Sec. 49.  Minnesota Statutes 2000, section 216C.051, 
162.22  subdivision 6, is amended to read: 
162.23     Subd. 6.  [ASSESSMENT; APPROPRIATION.] On request by the 
162.24  cochairs of the legislative task force and after approval of the 
162.25  legislative coordinating commission, the commissioner of the 
162.26  department of public service commerce shall assess from electric 
162.27  utilities, in addition to assessments made under section 
162.28  216B.62, the amount requested for the operation of the task 
162.29  force not to exceed $700,000.  This authority to assess 
162.30  continues until the commissioner has assessed a total of 
162.31  $700,000.  The amount assessed under this section is 
162.32  appropriated to the director of the legislative coordinating 
162.33  commission for those purposes, and is available until expended. 
162.34     Sec. 50.  Minnesota Statutes 2000, section 216C.37, 
162.35  subdivision 1, is amended to read: 
162.36     Subdivision 1.  [DEFINITIONS.] In this section:  
163.1      (a) "Commissioner" means the commissioner of public service 
163.2   commerce. 
163.3      (b) "Energy conservation investments" means all capital 
163.4   expenditures that are associated with conservation measures 
163.5   identified in an energy project study, and that have a ten-year 
163.6   or less payback period.  
163.7      (c) "Municipality" means any county, statutory or home rule 
163.8   charter city, town, school district, or any combination of those 
163.9   units operating under an agreement to jointly undertake projects 
163.10  authorized in this section.  
163.11     (d) "Energy project study" means a study of one or more 
163.12  energy-related capital improvement projects analyzed in 
163.13  sufficient detail to support a financing application.  At a 
163.14  minimum, it must include one year of energy consumption and cost 
163.15  data, a description of existing conditions, a description of 
163.16  proposed conditions, a detailed description of the costs of the 
163.17  project, and calculations sufficient to document the proposed 
163.18  energy savings. 
163.19     Sec. 51.  Minnesota Statutes 2000, section 216C.40, 
163.20  subdivision 4, is amended to read: 
163.21     Subd. 4.  [CONDITION PRECEDENT.] The duties of the 
163.22  department under this section are conditional on the 
163.23  commissioner of public service finding that there will be at 
163.24  least one public utility that will be subject to the assessment 
163.25  created by Laws 1993, chapter 254, section 7. 
163.26     Sec. 52.  Minnesota Statutes 2000, section 237.02, is 
163.27  amended to read: 
163.28     237.02 [GENERAL AUTHORITY OF DEPARTMENT AND COMMISSION; 
163.29  DEFINITIONS.] 
163.30     The department of public service commerce and the public 
163.31  utilities commission, now existing under the laws of this state, 
163.32  are hereby vested with the same jurisdiction and supervisory 
163.33  power over telephone and telecommunications companies doing 
163.34  business in this state as it now has the commission's 
163.35  predecessor, the railroad and warehouse commission, had over 
163.36  railroad and express companies.  The definitions set forth 
164.1   in section sections 216A.02 shall apply and 216B.02 also apply 
164.2   to this chapter. 
164.3      Sec. 53.  Minnesota Statutes 2000, section 237.075, 
164.4   subdivision 2, is amended to read: 
164.5      Subd. 2.  [SUSPENSION OF PROPOSED RATE; HEARING; FINAL 
164.6   DETERMINATION DEFINED.] (a) Whenever there is filed with the 
164.7   commission as provided in subdivision 1 a schedule modifying or 
164.8   resulting in a change in any rate then in force, the commission 
164.9   may suspend the operation of the schedule by filing with the 
164.10  schedule of rates and delivering to the affected telephone 
164.11  company a statement in writing of its reasons for the suspension 
164.12  at any time before the rates become effective.  The suspension 
164.13  shall not be for a longer period than ten months beyond the 
164.14  initial filing date except as provided in paragraph (b).  During 
164.15  the suspension the commission shall determine whether all 
164.16  questions of the reasonableness of the rates requested raised by 
164.17  persons deemed interested or by the administrative division of 
164.18  the department of public service can be resolved to the 
164.19  satisfaction of the commission.  If the commission finds that 
164.20  all significant issues raised have not been resolved to its 
164.21  satisfaction, or upon petition by ten percent of the affected 
164.22  customers or 250 affected customers, whichever is less, it shall 
164.23  refer the matter to the office of administrative hearings with 
164.24  instructions for a public hearing as a contested case pursuant 
164.25  to chapter 14, except as otherwise provided in this section.  
164.26  The commission may order that the issues presented by the 
164.27  proposed rate changes be bifurcated into two separate hearings 
164.28  as follows:  (1) determination of the telephone company's 
164.29  revenue requirements and (2) determination of the rate design.  
164.30  Upon issuance of both administrative law judge reports, the 
164.31  issues shall again be joined for consideration and final 
164.32  determination by the commission.  All prehearing discovery 
164.33  activities of state agency intervenors shall be consolidated and 
164.34  conducted by the department of public service commerce.  If the 
164.35  commission does not make a final determination concerning a 
164.36  schedule of rates within ten months after the initial filing 
165.1   date, the schedule shall be deemed to have been approved by the 
165.2   commission; except if a settlement has been submitted to and 
165.3   rejected by the commission, the schedule is deemed to have been 
165.4   approved 12 months after the initial filing. 
165.5      (b) If the commission finds that it has insufficient time 
165.6   during the suspension period to make a final determination of a 
165.7   case involving changes in general rates because of the need to 
165.8   make final determinations of other previously filed cases 
165.9   involving changes in general rates under this section or section 
165.10  216B.16, the commission may extend the suspension period to the 
165.11  extent necessary to allow itself 20 working days to make the 
165.12  final determination after it has made final determinations in 
165.13  the previously filed cases.  An extension of the suspension 
165.14  period under this paragraph does not alter the setting of 
165.15  interim rates under subdivision 3. 
165.16     (c) For the purposes of this section, "final determination" 
165.17  means the initial decision of the commission and not any order 
165.18  which may be entered by the commission in response to a petition 
165.19  for rehearing or other further relief.  The commission may 
165.20  further suspend rates until it determines all those petitions. 
165.21     Sec. 54.  Minnesota Statutes 2000, section 237.075, 
165.22  subdivision 9, is amended to read: 
165.23     Subd. 9.  [ELECTION ON REGULATION; COOPERATIVE, MUNICIPAL, 
165.24  INDEPENDENT.] For the purposes of this section, "telephone 
165.25  company" shall not include a cooperative telephone association 
165.26  organized under the provisions of chapter 308A, an independent 
165.27  telephone company, or a municipal, unless the cooperative 
165.28  telephone association, independent telephone company, or 
165.29  municipal makes the election provided in this subdivision. 
165.30     A cooperative telephone association may elect to become 
165.31  subject to rate regulation by the commission pursuant to this 
165.32  section.  The election shall be (a) approved by the board of 
165.33  directors of the association in accordance with the procedures 
165.34  for amending the articles of incorporation contained in section 
165.35  308A.135, excluding the filing requirements; or (b) approved by 
165.36  a majority of members or stockholders voting by mail ballot 
166.1   initiated by petition of no fewer than five percent of the 
166.2   members or stockholders of the association.  The ballot to be 
166.3   used for the election shall be approved by the board of 
166.4   directors and the department of public service.  The department 
166.5   shall mail the ballots to the association's members who shall 
166.6   return the ballots to the department.  The department will keep 
166.7   the ballots sealed until a date agreed upon by the department 
166.8   and the board of directors.  On this date, representatives of 
166.9   the department and the association shall count the ballots.  If 
166.10  a majority of the association's members who vote elect to become 
166.11  subject to rate regulation by the commission, the election shall 
166.12  be effective 30 days after the date the ballots are counted.  
166.13  For purposes of this section, the term "member or stockholder"  
166.14  shall mean either the member or stockholder of record or the 
166.15  spouse of the member or stockholder unless the association has 
166.16  been notified otherwise in writing.  
166.17     A municipal may elect to become subject to rate regulation 
166.18  by the commission pursuant to this section.  The election shall 
166.19  be (a) approved by resolution of the governing body of the 
166.20  municipality; or (b) approved by a majority of the customers of 
166.21  the municipal voting by mail ballot initiated by petition of no 
166.22  fewer than 20 percent of the customers of the municipal.  The 
166.23  ballot to be used for the election shall be approved by the 
166.24  governing body of the municipality and the department of public 
166.25  service.  The department shall mail the ballots to the 
166.26  municipal's customers who shall return the ballots to the 
166.27  department.  The department will keep the ballots sealed until a 
166.28  date agreed upon by the department and the governing body of the 
166.29  municipality.  On this date, representatives of the department 
166.30  and the municipal shall count the ballots.  If a majority of the 
166.31  customers of the municipal who vote elect to become subject to 
166.32  rate regulation by the commission, the election shall be 
166.33  effective 30 days after the date the ballots are counted.  For 
166.34  purposes of this section, the term "customer" shall mean either 
166.35  the person in whose name the telephone service is registered or 
166.36  the spouse of the person unless the municipal utility has been 
167.1   notified otherwise in writing.  
167.2      An independent telephone company may elect to become 
167.3   subject to rate regulation by the commission pursuant to this 
167.4   section.  The election shall be (a) approved by the board of 
167.5   directors of the company in accordance with the procedures for 
167.6   amending the articles of incorporation contained in sections 
167.7   302A.133 to 302A.139, excluding the filing requirements; or (b) 
167.8   approved by a majority of subscribers voting by mail ballot 
167.9   initiated by petition of no fewer than five percent of the 
167.10  subscribers of the company.  The ballot to be used for the 
167.11  election shall be approved by the board of directors and the 
167.12  department of public service.  The department shall mail the 
167.13  ballots to the company's subscribers who shall return the 
167.14  ballots to the department.  The department will keep the ballots 
167.15  sealed until a date agreed upon by the department and the board 
167.16  of directors.  On this date, representatives of the department 
167.17  and the company shall count the ballots.  If a majority of the 
167.18  company's subscribers who vote elect to become subject to rate 
167.19  regulation by the commission, the election shall be effective 30 
167.20  days after the date the ballots are counted.  For purposes of 
167.21  this section the term "subscriber" shall mean either the person 
167.22  in whose name the telephone service is registered or the spouse 
167.23  of the person unless the independent telephone company has been 
167.24  notified otherwise in writing.  
167.25     Sec. 55.  Minnesota Statutes 2000, section 237.082, is 
167.26  amended to read: 
167.27     237.082 [TELECOMMUNICATION SERVICE; POLICY OF INCREASED 
167.28  SPEED AND SERVICE.] 
167.29     When setting rates, adopting rules, or issuing orders 
167.30  related to telecommunication matters that affect deployment of 
167.31  the infrastructure, the commission may apply the goals of: 
167.32     (1) achieving economically efficient investment in: 
167.33     (i) higher speed telecommunication services; and 
167.34     (ii) greater capacity for voice, video, and data 
167.35  transmission; and 
167.36     (2) just and reasonable rates. 
168.1      The department of public service may apply the same goals 
168.2   in its regulation of and recommendations regarding 
168.3   telecommunication services. 
168.4      Sec. 56.  Minnesota Statutes 2000, section 237.21, is 
168.5   amended to read: 
168.6      237.21 [VALUATION OF TELEPHONE PROPERTY.] 
168.7      In determining the value of any telephone property for rate 
168.8   making purposes, no valuation shall be allowed upon the value of 
168.9   any franchise granted by the state or any municipality where no 
168.10  payment was or is being made to the state or municipality on 
168.11  account thereof.  The requirement as to reasonableness of rates 
168.12  shall apply to each exchange unit as well as to telephone plants 
168.13  as a whole.  Provided, that in the case of a company operating a 
168.14  telephone system consisting of more than one exchange in the 
168.15  state, reasonableness of rates, as measured by earnings, shall 
168.16  be determined by a reasonable return from the total operations 
168.17  of the system within the state rather than by the return from 
168.18  individual exchanges or services.  No telephone rates or charges 
168.19  shall be allowed or approved by the commission under any 
168.20  circumstances, which are inadequate and which are intended to or 
168.21  naturally tend to destroy competition or produce a monopoly in 
168.22  telephone service in the locality affected.  
168.23     Laws 1953, chapter 25, shall have no effect on proceedings 
168.24  pending before the courts or the department of public service at 
168.25  the time of its enactment.  
168.26     Sec. 57.  Minnesota Statutes 2000, section 237.30, is 
168.27  amended to read: 
168.28     237.30 [TELEPHONE INVESTIGATION FUND; APPROPRIATION.] 
168.29     The sum of $25,000 is hereby appropriated out of any moneys 
168.30  in the state treasury not otherwise appropriated, to establish 
168.31  and provide a revolving fund to be known as the Minnesota 
168.32  Telephone Investigation Fund for the use of the department of 
168.33  public service commerce and of the attorney general in 
168.34  investigations, valuations, and revaluations under section 
168.35  237.295.  All sums paid by the telephone companies to reimburse 
168.36  the department of public service for its expenses pursuant to 
169.1   section 237.295 shall be credited to the revolving fund and 
169.2   shall be deposited in a separate bank account and not commingled 
169.3   with any other state funds or moneys, but any balance in excess 
169.4   of $25,000 in the revolving fund at the end of each fiscal year 
169.5   shall be paid into the state treasury and credited to the 
169.6   general fund.  The sum of $25,000 herein appropriated and all 
169.7   subsequent credits to said revolving fund shall be paid upon the 
169.8   warrant of the commissioner of finance upon application of the 
169.9   department or of the attorney general to an aggregate amount of 
169.10  not more than one-half of such sums to each of them, which 
169.11  proportion shall be constantly maintained in all credits and 
169.12  withdrawals from the revolving fund. 
169.13     Sec. 58.  Minnesota Statutes 2000, section 237.462, 
169.14  subdivision 6, is amended to read: 
169.15     Subd. 6.  [EXPEDITED PROCEEDING.] (a) The commission may 
169.16  order an expedited proceeding under section 237.61 and this 
169.17  subdivision, in lieu of a contested case under chapter 14, to 
169.18  develop an evidentiary record in any proceeding that involves 
169.19  contested issues of material fact either upon request of a party 
169.20  or upon the commission's own motion if the complaint alleges a 
169.21  violation described in subdivision 1, clauses (1) to (4).  The 
169.22  commission may order an expedited proceeding under this 
169.23  subdivision if the commission finds an expedited proceeding is 
169.24  in the public interest, regardless of whether all parties agree 
169.25  to the expedited proceeding.  In determining whether to grant an 
169.26  expedited proceeding, the commission may consider any evidence 
169.27  of impairment of the provision of telecommunications service to 
169.28  subscribers in the state or impairment of the provision of any 
169.29  service or network element subject to the jurisdiction of the 
169.30  commission.  
169.31     (b) Any request for an expedited proceeding under this 
169.32  subdivision must be noted in the title of the first filing by a 
169.33  party.  The filing shall also state the specific circumstances 
169.34  that the party believes warrant an expedited proceeding under 
169.35  this subdivision.  
169.36     (c) A complaint requesting an expedited proceeding, unless 
170.1   filed by the department of public service or the attorney 
170.2   general, must set forth the actions and the dates of the actions 
170.3   taken by the party filing the complaint to attempt to resolve 
170.4   the alleged violations with the party against whom the complaint 
170.5   is filed, including any requests that the party against whom the 
170.6   complaint is filed correct the conduct giving rise to the 
170.7   violations alleged in the complaint.  If no such actions were 
170.8   taken by the complainant, the complaint shall set forth the 
170.9   reasons why no such actions were taken.  The commission may 
170.10  order an expedited proceeding even if the filing complaint fails 
170.11  to meet this requirement if the commission determines that it 
170.12  would be in the public interest to go forward with the expedited 
170.13  proceeding without information in the complaint on attempts to 
170.14  resolve the dispute. 
170.15     (d) The complaining party shall serve the complaint along 
170.16  with any written discovery requests by hand delivery and 
170.17  facsimile on the party against whom the complaint is filed, the 
170.18  department of public service, and the office of the attorney 
170.19  general on the same day the complaint is filed with the 
170.20  commission. 
170.21     (e) The party responding to a complaint that includes a 
170.22  request for an expedited proceeding under this subdivision shall 
170.23  file an answer within 15 days after receiving the complaint.  
170.24  The responding party shall state in the answer the party's 
170.25  position on the request for an expedited proceeding.  The 
170.26  responding party shall serve with the answer any objections to 
170.27  any written discovery requests as well as any written discovery 
170.28  requests the responding party wishes to serve on the complaining 
170.29  party.  Except for stating any objections, the responding party 
170.30  is not required to answer any written discovery requests under 
170.31  this subdivision until a time established at a prehearing 
170.32  conference.  The responding party shall serve a copy of the 
170.33  answer and any discovery requests and objections on the 
170.34  complaining party, the department of public service, and office 
170.35  of the attorney general by hand delivery and facsimile on the 
170.36  same day as the answer is filed with the commission. 
171.1      (f) Within 15 days of receiving the answer to a complaint 
171.2   in a proceeding in which a party has requested an expedited 
171.3   hearing, the commission shall determine whether the filing 
171.4   warrants an expedited proceeding.  If the commission decides to 
171.5   grant a request by a party or if the commission orders an 
171.6   expedited proceeding on its own motion, the commission shall 
171.7   conduct within seven days of the decision a prehearing 
171.8   conference to schedule the evidentiary hearing.  During the 
171.9   prehearing conference, the commission shall establish a 
171.10  discovery schedule that requires all discovery to be completed 
171.11  no later than three days before the start of the hearing.  An 
171.12  evidentiary hearing under this subdivision must commence no 
171.13  later than 45 days after the commission's decision to order an 
171.14  expedited proceeding.  A quorum of the commission shall preside 
171.15  at any evidentiary hearing under this subdivision unless all the 
171.16  parties to the proceeding agree otherwise.  
171.17     (g) All pleadings submitted under this subdivision must be 
171.18  verified and all oral statements of fact made in a hearing or 
171.19  deposition under this subdivision must be made under oath or 
171.20  affirmation. 
171.21     (h) The commission shall issue a written decision and final 
171.22  order on the complaint within 15 days after the close of the 
171.23  evidentiary hearing under this subdivision.  On the day of 
171.24  issuance, the commission shall notify the parties by facsimile 
171.25  that a final order has been issued and shall provide each party 
171.26  with a copy of the final order. 
171.27     (i) The commission may extend any time periods under this 
171.28  subdivision if all parties to the proceeding agree to the 
171.29  extension or if the commission finds the extension is necessary 
171.30  to ensure a just resolution of the complaint. 
171.31     (j) Except as otherwise provided in this subdivision, an 
171.32  expedited proceeding under this subdivision shall be governed by 
171.33  the following procedural rules: 
171.34     (1) the parties shall have the discovery rights provided in 
171.35  Minnesota Rules, parts 1400.6700 to 1400.7000; 
171.36     (2) the parties shall have the right to cross-examine 
172.1   witnesses as provided in section 14.60, subdivision 3; 
172.2      (3) the admissibility of evidence and development of record 
172.3   for decision shall be governed by section 14.60 and Minnesota 
172.4   Rules, part 1400.7300; and 
172.5      (4) the commission may apply other procedures or standards 
172.6   included in the rules of the office of administrative hearings, 
172.7   as necessary to ensure the fair and expeditious resolution of 
172.8   disputes under this section. 
172.9      Sec. 59.  Minnesota Statutes 2000, section 237.51, 
172.10  subdivision 1, is amended to read: 
172.11     Subdivision 1.  [CREATION.] The department of public 
172.12  service commissioner of commerce shall administer through 
172.13  interagency agreement with the department commissioner of human 
172.14  services a program to distribute communication devices to 
172.15  eligible communication-impaired persons and contract with a 
172.16  local consumer group that serves communication-impaired persons 
172.17  to create and maintain a telecommunication relay service.  For 
172.18  purposes of sections 237.51 to 237.56, the department of public 
172.19  service commerce and any organization with which it contracts 
172.20  pursuant to this section or section 237.54, subdivision 2, are 
172.21  not telephone companies or telecommunications carriers as 
172.22  defined in section 237.01. 
172.23     Sec. 60.  Minnesota Statutes 2000, section 237.51, 
172.24  subdivision 5, is amended to read: 
172.25     Subd. 5.  [DEPARTMENT OF PUBLIC SERVICE COMMISSIONER OF 
172.26  COMMERCE DUTIES.] In addition to any duties specified elsewhere 
172.27  in sections 237.51 to 237.56, the department of public service 
172.28  commissioner of commerce shall: 
172.29     (1) prepare the reports required by section 237.55; 
172.30     (2) administer the fund created in section 237.52; and 
172.31     (3) adopt rules under chapter 14 to implement the 
172.32  provisions of sections 237.50 to 237.56. 
172.33     Sec. 61.  Minnesota Statutes 2000, section 237.51, 
172.34  subdivision 5a, is amended to read: 
172.35     Subd. 5a.  [DEPARTMENT OF HUMAN SERVICES DUTIES.] (a) In 
172.36  addition to any duties specified elsewhere in sections 237.51 to 
173.1   237.56, the department commissioner of human services shall: 
173.2      (1) define economic hardship, special needs, and household 
173.3   criteria so as to determine the priority of eligible applicants 
173.4   for initial distribution of devices and to determine 
173.5   circumstances necessitating provision of more than one 
173.6   communication device per household; 
173.7      (2) establish a method to verify eligibility requirements; 
173.8      (3) establish specifications for communication devices to 
173.9   be purchased under section 237.53, subdivision 3; and 
173.10     (4) inform the public and specifically the community of 
173.11  communication-impaired persons of the program.  
173.12     (b) The department commissioner may establish an advisory 
173.13  board to advise the department in carrying out the duties 
173.14  specified in this section and to advise the department of public 
173.15  service commissioner of commerce in carrying out its duties 
173.16  under section 237.54.  If so established, the advisory board 
173.17  must include, at a minimum, the following communication-impaired 
173.18  persons: 
173.19     (1) at least one member who is deaf; 
173.20     (2) at least one member who is speech impaired; 
173.21     (3) at least one member who is mobility impaired; and 
173.22     (4) at least one member who is hard-of-hearing. 
173.23     The membership terms, compensation, and removal of members 
173.24  and the filling of membership vacancies are governed by section 
173.25  15.059.  Advisory board meetings shall be held at the discretion 
173.26  of the commissioner. 
173.27     Sec. 62.  Minnesota Statutes 2000, section 237.52, 
173.28  subdivision 2, is amended to read: 
173.29     Subd. 2.  [ASSESSMENT.] The department of public 
173.30  service commissioner of commerce shall annually recommend to the 
173.31  commission an adequate and appropriate surcharge and budget to 
173.32  implement sections 237.50 to 237.56.  The public utilities 
173.33  commission shall review the budget for reasonableness and may 
173.34  modify the budget to the extent it is unreasonable.  The 
173.35  commission shall annually determine the funding mechanism to be 
173.36  used within 60 days of receipt of the recommendation of the 
174.1   department and shall order the imposition of surcharges 
174.2   effective on the earliest practicable date.  The commission 
174.3   shall establish a monthly charge no greater than 20 cents for 
174.4   each customer access line, including trunk equivalents as 
174.5   designated by the commission pursuant to section 403.11, 
174.6   subdivision 1. 
174.7      Sec. 63.  Minnesota Statutes 2000, section 237.52, 
174.8   subdivision 4, is amended to read: 
174.9      Subd. 4.  [APPROPRIATION.] Money in the fund is 
174.10  appropriated to the department of public service commissioner of 
174.11  commerce to implement sections 237.51 to 237.56. 
174.12     Sec. 64.  Minnesota Statutes 2000, section 237.52, 
174.13  subdivision 5, is amended to read: 
174.14     Subd. 5.  [EXPENDITURES.] Money in the fund may only be 
174.15  used for: 
174.16     (1) expenses of the department of public service commerce, 
174.17  including personnel cost, public relations, advisory board 
174.18  members' expenses, preparation of reports, and other reasonable 
174.19  expenses not to exceed ten percent of total program 
174.20  expenditures; 
174.21     (2) reimbursing the commissioner of human services for 
174.22  purchases made or services provided pursuant to section 237.53; 
174.23     (3) reimbursing telephone companies for purchases made or 
174.24  services provided under section 237.53, subdivision 5; and 
174.25     (4) contracting for establishment and operation of the 
174.26  telecommunication relay service required by section 237.54. 
174.27     All costs directly associated with the establishment of the 
174.28  program, the purchase and distribution of communication devices, 
174.29  and the establishment and operation of the telecommunication 
174.30  relay service are either reimbursable or directly payable from 
174.31  the fund after authorization by the department of public service 
174.32  commissioner of commerce.  The department of public 
174.33  service commissioner of commerce shall contract with the message 
174.34  relay service operator to indemnify the local exchange carriers 
174.35  of the relay service for any fines imposed by the Federal 
174.36  Communications Commission related to the failure of the relay 
175.1   service to comply with federal service standards.  
175.2   Notwithstanding section 16A.41, the department of public service 
175.3   commissioner may advance money to the contractor of the 
175.4   telecommunication relay service if the contractor establishes to 
175.5   the department's commissioner's satisfaction that the advance 
175.6   payment is necessary for the operation of the service.  The 
175.7   advance payment may be used only for working capital reserve for 
175.8   the operation of the service.  The advance payment must be 
175.9   offset or repaid by the end of the contract fiscal year together 
175.10  with interest accrued from the date of payment.  
175.11     Sec. 65.  Minnesota Statutes 2000, section 237.54, 
175.12  subdivision 2, is amended to read: 
175.13     Subd. 2.  [OPERATION.] The department of public 
175.14  service commissioner of commerce shall contract with a local 
175.15  consumer organization that serves communication-impaired persons 
175.16  for operation and maintenance of the telecommunication relay 
175.17  system.  The department commissioner may contract with other 
175.18  than a local consumer organization if no local consumer 
175.19  organization is available to enter into or perform a reasonable 
175.20  contract or the only available consumer organization fails to 
175.21  comply with terms of a contract.  The operator of the system 
175.22  shall keep all messages confidential, shall train personnel in 
175.23  the unique needs of communication-impaired people, and shall 
175.24  inform communication-impaired persons and the public of the 
175.25  availability and use of the system.  The operator shall not 
175.26  relay a message unless it originates or terminates through a 
175.27  communication device for the deaf or a Brailling device for use 
175.28  with a telephone. 
175.29     Sec. 66.  Minnesota Statutes 2000, section 237.55, is 
175.30  amended to read: 
175.31     237.55 [ANNUAL REPORT ON COMMUNICATION ACCESS.] 
175.32     The department of public service commissioner of commerce 
175.33  must prepare a report for presentation to the commission by 
175.34  January 31 of each year.  Each report must review the 
175.35  accessibility of the telephone system to communication-impaired 
175.36  persons, review the ability of non-communication-impaired 
176.1   persons to communicate with communication-impaired persons via 
176.2   the telephone system, describe services provided, account for 
176.3   money received and disbursed annually for each aspect of the 
176.4   program to date, and include predicted future operation. 
176.5      Sec. 67.  Minnesota Statutes 2000, section 237.59, 
176.6   subdivision 2, is amended to read: 
176.7      Subd. 2.  [PETITION.] (a) A telephone company, or the 
176.8   commission on its own motion, may petition to have a service of 
176.9   that telephone company classified as subject to effective 
176.10  competition or emerging competition.  The petition must be 
176.11  served on the commission, the department of public service, the 
176.12  office of the attorney general, and any other person designated 
176.13  by the commission.  The petition must contain at least: 
176.14     (1) a list of the known alternative providers of the 
176.15  service available to the company's customers; and 
176.16     (2) a description of affiliate relationships with any other 
176.17  provider of the service in the company's market. 
176.18     (b) At the time the company first offers a service, it 
176.19  shall also file a petition with the commission for a 
176.20  determination as to how the service should be classified.  In 
176.21  the event that no interested party or the commission objects to 
176.22  the company's proposed classification within 20 days of the 
176.23  filing of the petition, the company's proposed classification of 
176.24  the service is deemed approved.  If an objection is filed, the 
176.25  commission shall determine the appropriate classification after 
176.26  a hearing conducted pursuant to section 237.61.  In either 
176.27  event, the company may offer the new service to its customers 
176.28  ten days after the company files the price list and incremental 
176.29  cost study as provided in section 237.60, subdivision 2, 
176.30  paragraph (f). 
176.31     (c) A new service may be classified as subject to effective 
176.32  competition or emerging competition pursuant to the criteria set 
176.33  forth in subdivision 5.  A new service must be regulated under 
176.34  the emerging competition provisions if it is not integrally 
176.35  related to the provision of adequate local service or access to 
176.36  the telephone network or to the privacy, health, or safety of 
177.1   the company's customers, whether or not it meets the criteria 
177.2   set forth in subdivision 5. 
177.3      Sec. 68.  Minnesota Statutes 2000, section 237.768, is 
177.4   amended to read: 
177.5      237.768 [PERIODIC FINANCIAL REPORT.] 
177.6      In addition to the reports required under section 237.766, 
177.7   an alternative regulation plan may require a telephone company 
177.8   to file with the department an annual report of financial 
177.9   matters for the previous calendar year on or before May 1 of 
177.10  each year on report forms furnished by the department of public 
177.11  service in the same manner as is required of other telephone 
177.12  companies on August 1, 1995.  In addition, any company subject 
177.13  to a plan shall file with the commission and department a copy 
177.14  of any filings it has made to the Federal Communications 
177.15  Commission regarding the provisions of video programming 
177.16  provided through a video dial tone facility in Minnesota.  An 
177.17  alternative regulation plan may require a telephone company to 
177.18  maintain its accounts in accordance with the system of accounts 
177.19  prescribed for the company by the commission under section 
177.20  237.10. 
177.21     Sec. 69.  Minnesota Statutes 2000, section 239.01, is 
177.22  amended to read: 
177.23     239.01 [WEIGHTS AND MEASURES DIVISION; JURISDICTION.] 
177.24     The weights and measures division, referred to in this 
177.25  chapter as the division, is created under the jurisdiction of 
177.26  the department of public service commerce.  The division has 
177.27  supervision and control over all weights, weighing devices, and 
177.28  measures in the state. 
177.29     Sec. 70.  Minnesota Statutes 2000, section 239.10, is 
177.30  amended to read: 
177.31     239.10 [ANNUAL INSPECTION.] 
177.32     Subdivision 1.  [LIGHT CAPACITY SCALES; RETAIL 
177.33  ESTABLISHMENTS.] The director shall inspect light capacity 
177.34  scales in retail establishments such as grocery stores, other 
177.35  retail food establishments, or hardware stores, not more often 
177.36  than once every 36 months except when the owner requests an 
178.1   inspection, when the scale is inspected as part of an 
178.2   investigation, or when the scale has been repaired. 
178.3      Subd. 2.  [PACKAGED FOOD COMMODITIES.] The director shall 
178.4   inspect packaged food commodities in grocery stores and other 
178.5   retail food establishments not more often than once every 36 
178.6   months except when the owner requests an inspection or when 
178.7   packages are inspected as part of an investigation. 
178.8      Subd. 3.  [OTHER WEIGHTS AND MEASURES.] The director shall 
178.9   inspect all weights and measures, except those specified in 
178.10  subdivisions 1 and 2, annually, or as often as deemed possible 
178.11  within budget and staff limitations. 
178.12     Sec. 71.  Minnesota Statutes 2000, section 325E.11, is 
178.13  amended to read: 
178.14     325E.11 [COLLECTION FACILITIES; NOTICE.] 
178.15     (a) Any person selling at retail or offering motor oil or 
178.16  motor oil filters for retail sale in this state shall: 
178.17     (1) post a notice indicating the nearest location where 
178.18  used motor oil and used motor oil filters may be returned at no 
178.19  cost for recycling or reuse, post a toll-free telephone number 
178.20  that may be called by the public to determine a convenient 
178.21  location, or post a listing of locations where used motor oil 
178.22  and used motor oil filters may be returned at no cost for 
178.23  recycling or reuse; or 
178.24     (2) if the person is subject to section 325E.112, 
178.25  subdivision 1, paragraph (b), post a notice informing customers 
178.26  purchasing motor oil or motor oil filters of the location of the 
178.27  used motor oil and used motor oil filter collection site 
178.28  established by the retailer in accordance with section 325E.112, 
178.29  subdivision 1, paragraph (b), where used motor oil and used 
178.30  motor oil filters may be returned at no cost. 
178.31     (b) A notice under paragraph (a) shall be posted on or 
178.32  adjacent to the motor oil and motor oil filter displays, be at 
178.33  least 8-1/2 inches by 11 inches in size, contain the universal 
178.34  recycling symbol with the following language: 
178.35     (1) "It is illegal to put used oil and used motor oil 
178.36  filters in the garbage."; 
179.1      (2) "Recycle your used oil and used motor oil filters."; 
179.2   and 
179.3      (3)(i) "There is a free collection site here for your used 
179.4   oil and used motor oil filters."; 
179.5      (ii) "There is a free collection site for used oil and used 
179.6   motor oil filters located at (name of business and street 
179.7   address)."; 
179.8      (iii) "For the location of a free collection site for used 
179.9   oil and used motor oil filters call (toll-free phone number)."; 
179.10  or 
179.11     (iv) "Here is a list of free collection sites for used oil 
179.12  and used motor oil filters." 
179.13     (c) The division of weights and measures under in the 
179.14  department of public service commerce shall enforce compliance 
179.15  with this section as provided in section 239.54.  The pollution 
179.16  control agency shall enforce compliance with this section under 
179.17  sections 115.071 and 116.072 in coordination with the division 
179.18  of weights and measures. 
179.19     Sec. 72.  Minnesota Statutes 2000, section 325E.115, 
179.20  subdivision 2, is amended to read: 
179.21     Subd. 2.  [COMPLIANCE; MANAGEMENT.] The division of weights 
179.22  and measures under in the department of public service commerce 
179.23  shall enforce compliance of subdivision 1 as provided in section 
179.24  239.54.  The commissioner of the pollution control agency shall 
179.25  inform persons governed by subdivision 1 of requirements for 
179.26  managing lead acid batteries.  
179.27     Sec. 73.  Minnesota Statutes 2000, section 326.243, is 
179.28  amended to read: 
179.29     326.243 [SAFETY STANDARDS.] 
179.30     All electrical wiring, apparatus and equipment for electric 
179.31  light, heat and power, alarm and communication systems shall 
179.32  comply with the rules of the department of public service, the 
179.33  commissioner of commerce, or the department of labor and 
179.34  industry, as applicable, and be installed in conformity with 
179.35  accepted standards of construction for safety to life and 
179.36  property.  For the purposes of this chapter, the rules and 
180.1   safety standards stated at the time the work is done in the then 
180.2   most recently published edition of the National Electrical Code 
180.3   as adopted by the National Fire Protection Association, Inc. and 
180.4   approved by the American National Standards Institute, and the 
180.5   National Electrical Safety Code as published by the Institute of 
180.6   Electrical and Electronics Engineers, Inc. and approved by the 
180.7   American National Standards Institute, shall be prima facie 
180.8   evidence of accepted standards of construction for safety to 
180.9   life and property; provided further, that in the event a 
180.10  Minnesota Building Code is formulated pursuant to section 
180.11  16B.61, containing approved methods of electrical construction 
180.12  for safety to life and property, compliance with said methods of 
180.13  electrical construction of said Minnesota Building Code shall 
180.14  also constitute compliance with this section, and provided 
180.15  further, that nothing herein contained shall prohibit any 
180.16  political subdivision from making and enforcing more stringent 
180.17  requirements than set forth herein and such requirements shall 
180.18  be complied with by all licensed electricians working within the 
180.19  jurisdiction of such political subdivisions.  
180.20     Sec. 74.  Minnesota Statutes 2000, section 484.50, is 
180.21  amended to read: 
180.22     484.50 [SUMMONS; PLACE OF TRIAL; ST. LOUIS COUNTY.] 
180.23     A party wishing to have an appeal from an order of the 
180.24  department of public service public utilities commission, an 
180.25  election contest, a lien foreclosure, or a civil cause or 
180.26  proceeding of a kind commenced or appealed by a party in the 
180.27  court, tried in the city of Virginia shall, in the summons, 
180.28  notice of appeal in a matter, or other jurisdictional instrument 
180.29  issued, in addition to the usual provisions, print, stamp, or 
180.30  write thereon the words, "to be tried at the city of Virginia," 
180.31  and a party wishing a matter commenced or appealed by a party in 
180.32  the court tried at the city of Hibbing shall, in the summons, 
180.33  notice of appeal in a matter, or other jurisdictional instrument 
180.34  issued, in addition to the usual provisions, print, stamp, or 
180.35  write thereon the words, "to be tried at the city of Hibbing," 
180.36  and in a case where a summons, notice of appeal in a matter, or 
181.1   other jurisdictional instrument contains a specification, the 
181.2   case shall be tried at the city of Virginia, or the city of 
181.3   Hibbing, as the case may be, unless the defendant shall have the 
181.4   place of trial fixed in the manner specified in this section. 
181.5      If the place of trial designated is not the proper place of 
181.6   trial, as specified in sections 484.44 to 484.52, the cause 
181.7   shall nevertheless be tried in a place, unless the defendant, in 
181.8   an answer in addition to the other allegations of defense, shall 
181.9   plead the location of the defendant's residence, and demand that 
181.10  the action be tried at the place of holding the court nearest 
181.11  the defendant's residence, as provided in this section; and in a 
181.12  case where the answer of the defendant pleads the place of 
181.13  residence and makes a demand of place of trial, the plaintiff, 
181.14  in reply, may admit or deny the allegations of residence, and if 
181.15  the allegations of residence are not expressly denied, the case 
181.16  shall be tried at the place demanded by the defendant, and if 
181.17  the allegations of residence are denied, the place of trial 
181.18  shall be determined by the court on motion. 
181.19     If there are several defendants, residing at different 
181.20  places in a county, the trial shall be at the place in which the 
181.21  majority of the defendants unite in demanding, or if the numbers 
181.22  are equal, at the place nearest the residence of the majority of 
181.23  the defendants. 
181.24     The venue of an action may be changed from one of these 
181.25  places to another, by order of the court, in the following cases:
181.26     (1) Upon written consent of the parties; 
181.27     (2) When it appears, on motion, that a party has been made 
181.28  a defendant for the purpose of preventing a change of venue as 
181.29  provided in this section; 
181.30     (3) When an impartial trial cannot be held in the place 
181.31  where the action is pending; or 
181.32     (4) When the convenience of witnesses and the ends of 
181.33  justice would be promoted by the change. 
181.34     Application for a change under clause (2), (3), or (4), 
181.35  shall be made by motion which shall be returnable and heard at 
181.36  the place of commencement of the action. 
182.1      Sec. 75.  [INSTRUCTION TO REVISOR.] 
182.2      The revisor of statutes shall change the words "public 
182.3   service" to the word "commerce" in the following sections of 
182.4   Minnesota Statutes:  13.68; 13.681; 17A.04, subdivisions 6, 7, 
182.5   and 8; 17A.10, subdivision 1; 41A.09, subdivision 7; 116C.03, 
182.6   subdivision 2; 160.262, subdivision 3; 216A.085, subdivision 1; 
182.7   216B.241, subdivision 1; 237.295, subdivision 1; 237.662, 
182.8   subdivision 3; 237.70, subdivision 7; 239.05, subdivisions 6c, 
182.9   7a, 8, and 8c; 272.0211, subdivision 1; 296A.02, subdivision 1; 
182.10  308A.210, subdivisions 5 and 6; 325F.733, subdivision 7; and 
182.11  469.164, subdivision 2. 
182.12     Sec. 76.  [REPEALER.] 
182.13     Minnesota Statutes 2000, sections 216A.06; and 237.69, 
182.14  subdivision 3, are repealed. 
182.15     Sec. 77.  [EFFECTIVE DATE.] 
182.16     This article is effective July 1, 2001.