as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
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 public safety and law enforcement 1.9 provisions; modifying certain tax provisions; 1.10 providing funding for economic, energy, 1.11 transportation, infrastructure, and recreational 1.12 development, with certain conditions; proposing an 1.13 amendment to the Minnesota Constitution by adding a 1.14 section to article XIV to dedicate proceeds of the tax 1.15 on the sale of motor vehicles to highway and transit 1.16 purposes; requiring studies and reports; making 1.17 technical, conforming, and clarifying changes; 1.18 imposing penalties; setting fees; amending Minnesota 1.19 Statutes 2000, sections 13.87, by adding a 1.20 subdivision; 16A.641, subdivision 8; 16C.05, 1.21 subdivision 2; 16C.06, subdivisions 1, 2; 16C.08, 1.22 subdivision 2; 138.664, by adding a subdivision; 1.23 161.082, subdivision 2a; 161.14, by adding a 1.24 subdivision; 161.23, subdivision 3; 161.32, 1.25 subdivisions 1, 1b, 1e; 167.51, subdivision 2; 1.26 168.012, by adding a subdivision; 168.013, subdivision 1.27 1d; 168.33, subdivision 7; 168.381; 169.06, by adding 1.28 a subdivision; 169.09, subdivision 13; 169.18, 1.29 subdivision 1, by adding a subdivision; 169.825, 1.30 subdivision 11; 169.87, subdivision 4; 170.23; 171.06, 1.31 subdivision 2a; 171.07, subdivision 11; 171.12, 1.32 subdivision 6; 171.13, subdivision 6; 171.185; 171.26; 1.33 171.29, subdivision 2; 171.36; 174.03, by adding a 1.34 subdivision; 174.24, subdivision 3b; 174.32, 1.35 subdivision 5; 174.70, subdivisions 2, 3; 184.29; 1.36 184.30, subdivision 1; 184.38, subdivisions 6, 8, 9, 1.37 10, 11, 17, 18, 20; 184.41; 216C.41; 296A.07, 1.38 subdivisions 3, 4, by adding a subdivision; 296A.08, 1.39 subdivisions 2, 3, by adding a subdivision; 297A.68, 1.40 subdivision 19; 297A.70, subdivision 2; 297B.09, 1.41 subdivision 1; 299C.10, subdivision 1; 299C.11; 1.42 299C.147, subdivision 2; 299D.03, subdivisions 5, 6, 1.43 by adding a subdivision; 299M.10; 299M.11, subdivision 1.44 5; 446A.085; 473.859, subdivision 2; Laws 1999, 1.45 chapter 238, article 1, section 2, subdivision 7; 1.46 proposing coding for new law in Minnesota Statutes, 2.1 chapters 161; 167; 169; 174; 240A; 270; 299A; 299C; 2.2 473; 609; repealing Minnesota Statutes 2000, sections 2.3 174.22, subdivision 9; 174.32, subdivisions 2, 4; 2.4 184.22, subdivisions 2, 3, 4, 5; 184.37, subdivision 2. 2.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.6 ARTICLE 1 2.7 TRANSPORTATION AND OTHER AGENCIES 2.8 APPROPRIATIONS 2.9 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.10 The sums shown in the columns marked "APPROPRIATIONS" are 2.11 appropriated from the general fund, or another named fund, to 2.12 the agencies and for the purposes specified in this article, to 2.13 be available for the fiscal years indicated for each purpose. 2.14 The figures "2001," "2002," and "2003," where used in this 2.15 article, mean that the appropriations listed under them are 2.16 available for the year ending June 30, 2001, June 30, 2002, or 2.17 June 30, 2003, respectively. If the figures are not used, the 2.18 appropriations are available for the year ending June 30, 2002, 2.19 or June 30, 2003, respectively. The term "first year" means the 2.20 year ending June 30, 2002, and the term "second year" means the 2.21 year ending June 30, 2003. Appropriations for the year ending 2.22 June 30, 2001, are in addition to appropriations made in 2.23 previous years. 2.24 SUMMARY BY FUND 2.25 2002 2003 TOTAL 2.26 General $ 388,565,000 $104,397,000 $492,962,000 2.27 Airports 20,807,000 20,548,000 41,355,000 2.28 C.S.A.H. 405,330,000 418,113,000 823,443,000 2.29 Highway User 11,553,000 11,186,000 22,739,000 2.30 M.S.A.S. 106,469,000 109,827,000 216,296,000 2.31 Workers' 2.32 Compensation 100,000 100,000 200,000 2.33 Special Revenue 23,250,000 22,009,000 45,259,000 2.34 Trunk 2.35 Highway 1,105,115,000 1,116,374,000 2,221,489,000 2.36 TOTAL $2,061,189,000 $1,802,554,000 $3,863,743,000 2.37 APPROPRIATIONS 2.38 Available for the Year 2.39 Ending June 30 2.40 2002 2003 3.1 Sec. 2. TRANSPORTATION 3.2 Subdivision 1. Total 3.3 Appropriation $1,804,880,000 $1,615,328,000 3.4 The appropriations in this section are 3.5 from the trunk highway fund, except 3.6 when another fund is named. 3.7 Summary by Fund 3.8 General 231,307,000 19,083,000 3.9 Airports 20,757,000 20,498,000 3.10 C.S.A.H. 405,330,000 418,113,000 3.11 M.S.A.S. 106,469,000 109,827,000 3.12 Trunk Highway 1,040,117,000 1,047,807,000 3.13 Special Revenue 900,000 -0- 3.14 The amounts that may be spent from this 3.15 appropriation for each program are 3.16 specified in the following subdivisions. 3.17 Subd. 2. Aeronautics 30,748,000 20,489,000 3.18 Summary by Fund 3.19 Airports 20,687,000 20,428,000 3.20 General 10,050,000 50,000 3.21 Trunk Highway 11,000 11,000 3.22 Except as otherwise provided, the 3.23 appropriations in this subdivision are 3.24 from the state airports fund. 3.25 The amounts that may be spent from this 3.26 appropriation for each activity are as 3.27 follows: 3.28 (a) Airport Development and Assistance 3.29 14,298,000 14,298,000 3.30 These appropriations must be spent 3.31 according to Minnesota Statutes, 3.32 section 360.305, subdivision 4. 3.33 (b) Aviation Support 3.34 6,315,000 6,053,000 3.35 $65,000 the first year and $65,000 the 3.36 second year are for the civil air 3.37 patrol. 3.38 $600,000 each year is for GPS 3.39 navigation systems. Of this amount, 3.40 $250,000 adds to the agency's budget 3.41 base. 3.42 $400,000 the first year and $50,000 the 3.43 second year are for the development of 3.44 on-line aircraft registration 3.45 capabilities. 4.1 (c) Air Transportation Services 4.2 135,000 138,000 4.3 Summary by Fund 4.4 Airports 74,000 77,000 4.5 General 50,000 50,000 4.6 Trunk Highway 11,000 11,000 4.7 (d) Site Acquisition Grant 4.8 10,000,000 -0- 4.9 This appropriation is onetime only from 4.10 the general fund and is available until 4.11 spent. This appropriation is for a 4.12 development grant to the city of 4.13 Richfield for acquisition and site 4.14 preparation of residential property 4.15 impacted by airport operations. The 4.16 property must be located within the 4.17 87dB low-frequency sound level contour 4.18 as determined by the metropolitan 4.19 airports commission and the city of 4.20 Richfield low frequency noise policy 4.21 committee. The city of Richfield must 4.22 by December 15, 2003, submit a report 4.23 to the house of representatives and 4.24 senate committees with jurisdiction 4.25 over transportation on the use of the 4.26 grant money. The report must include 4.27 details on the number of residential 4.28 units purchased and cost of the 4.29 acquisition, cost of demolition or 4.30 relocation of buildings, cost of 4.31 utility relocation, cost of site 4.32 preparation for development, and plans 4.33 for the ultimate use of the property. 4.34 Subd. 3. Transit 28,389,000 18,410,000 4.35 Summary by Fund 4.36 General 28,049,000 18,062,000 4.37 Trunk Highway 340,000 348,000 4.38 The amounts that may be spent from this 4.39 appropriation for each activity are as 4.40 follows: 4.41 (a) Greater Minnesota Transit 4.42 Assistance 4.43 17,551,000 17,551,000 4.44 This appropriation is from the general 4.45 fund. Any unencumbered balance the 4.46 first year does not cancel but is 4.47 available for the second year. 4.48 (b) Transit Administration 4.49 838,000 859,000 4.50 Summary by Fund 4.51 General 498,000 511,000 5.1 Trunk Highway 340,000 348,000 5.2 (c) Capital Assistance 5.3 10,000,000 -0- 5.4 This appropriation is from the general 5.5 fund for grants to public transit 5.6 systems under Minnesota Statutes, 5.7 section 174.24, to acquire rolling 5.8 stock and other bus-related capital. 5.9 This appropriation is onetime only and 5.10 is available until spent. 5.11 Subd. 4. Railroads and Waterways 7,758,000 1,804,000 5.12 Summary by Fund 5.13 General 6,273,000 280,000 5.14 Trunk Highway 1,485,000 1,524,000 5.15 $6,000,000 the first year from the 5.16 general fund is onetime only and is 5.17 available until spent. Of this amount: 5.18 (1) $3,000,000 is for the purposes 5.19 defined under the rail service 5.20 improvement program under Minnesota 5.21 Statutes, sections 222.46 to 222.63; 5.22 and 5.23 (2) $3,000,000 is for port development 5.24 assistance grants under Minnesota 5.25 Statutes, chapter 457A. Any 5.26 improvement made with the proceeds of 5.27 these grants must be owned by a public 5.28 body. 5.29 Subd. 5. Passenger Rail Transit 23,500,000 500,000 5.30 This appropriation is from the general 5.31 fund. The amounts that may be spent 5.32 from this appropriation for each 5.33 activity are as follows: 5.34 (a) Passenger Rail Administration 5.35 500,000 500,000 5.36 For administration and oversight of 5.37 rail corridor studies and 5.38 implementation. This amount adds to 5.39 the agency's budget base. 5.40 The office of passenger rail transit 5.41 must establish a working group 5.42 consisting of local elected officials 5.43 and residents living near a proposed 5.44 community rail station in each city in 5.45 which a commuter rail station is 5.46 proposed to be located to discuss and 5.47 address local concerns regarding public 5.48 safety and security in and around 5.49 commuter rail stations. 5.50 The commissioner shall pay, from this 5.51 appropriation, the fees and costs 5.52 attributable to the state's membership 5.53 in the Midwest interstate passenger 5.54 rail compact under Minnesota Statutes, 6.1 section 218.75. 6.2 (b) Corridor Studies and Facility 6.3 23,000,000 -0- 6.4 This amount is onetime only and is 6.5 available until spent. 6.6 $10,000,000 is for preliminary 6.7 engineering and environmental analysis 6.8 activities for the 130-mile section of 6.9 the midwest regional rail corridor in 6.10 Minnesota. The work tasks must 6.11 include, but are not limited to: a 6.12 corridor condition assessment; station 6.13 development and location; 6.14 communications and signal systems 6.15 evaluation; safety and traffic 6.16 analysis; drainage and hydraulics 6.17 analysis; analysis of land use and 6.18 development issues; noise, water, and 6.19 air quality analysis; impacts on 6.20 historic and archaeological sites; and 6.21 other potential impacts. 6.22 A portion of this appropriation may be 6.23 used for engineering and environmental 6.24 analysis activities for the Red Rock 6.25 corridor from Hastings to Minneapolis. 6.26 $10,000,000 is to match federal funds 6.27 for right-of-way acquisition and final 6.28 design for the Northstar commuter rail 6.29 corridor. This is intended to be the 6.30 first phase of the state's portion of 6.31 the construction and equipping of the 6.32 Northstar commuter rail project. Any 6.33 design adopted by the commissioner for 6.34 a commuter rail corridor must mitigate 6.35 noise near station locations to the 6.36 maximum extent feasible. The 6.37 commissioner shall consult with elected 6.38 officials and residents in the affected 6.39 community prior to finalizing the 6.40 design. 6.41 $3,000,000 is for a grant to the city 6.42 of St. Paul to purchase the Union Depot. 6.43 Subd. 6. Motor Carrier Regulation 4,024,000 4,123,000 6.44 Summary by Fund 6.45 General 122,000 126,000 6.46 Trunk Highway 3,902,000 3,997,000 6.47 $500,000 each year is for commercial 6.48 vehicle information systems. Of this 6.49 amount, $325,000 adds to the agency's 6.50 budget base. 6.51 Subd. 7. Local Roads 575,049,000 527,940,000 6.52 Summary by Fund 6.53 C.S.A.H. 405,330,000 418,113,000 6.54 M.S.A.S. 106,469,000 109,827,000 7.1 General 63,250,000 -0- 7.2 The amounts that may be spent from this 7.3 appropriation for each activity are as 7.4 follows: 7.5 (a) County State Aids 7.6 405,330,000 418,113,000 7.7 This appropriation is from the county 7.8 state-aid highway fund and is available 7.9 until spent. 7.10 (b) Municipal State Aids 7.11 106,469,000 109,827,000 7.12 This appropriation is from the 7.13 municipal state-aid street fund and is 7.14 available until spent. 7.15 If an appropriation for either county 7.16 state aids or municipal state aids does 7.17 not exhaust the balance in the fund 7.18 from which it is made in the year for 7.19 which it is made, the commissioner of 7.20 finance, upon request of the 7.21 commissioner of transportation, shall 7.22 notify the chair of the transportation 7.23 finance committee of the house of 7.24 representatives and the chair of the 7.25 transportation budget division of the 7.26 senate of the amount of the remainder 7.27 and shall then add that amount to the 7.28 appropriation. The amount added is 7.29 appropriated for the purposes of county 7.30 state aids or municipal state aids, as 7.31 appropriate. 7.32 (c) Local Bridge Replacement 7.33 and Rehabilitation 7.34 10,250,000 -0- 7.35 This appropriation is onetime only from 7.36 the general fund and is available until 7.37 spent. 7.38 To match federal money and to replace 7.39 or rehabilitate local deficient 7.40 bridges. Political subdivisions may 7.41 use grants made under this subdivision 7.42 to construct or reconstruct bridges, 7.43 including: 7.44 (1) matching federal aid grants to 7.45 construct or reconstruct key bridges; 7.46 (2) paying the costs of preliminary 7.47 engineering and environmental studies 7.48 authorized under Minnesota Statutes, 7.49 section 174.50, subdivision 6a; 7.50 (3) paying the costs to abandon an 7.51 existing bridge that is deficient and 7.52 in need of replacement, but where no 7.53 replacement will be made; and 7.54 (4) paying the cost to construct a road 7.55 or street to facilitate the abandonment 8.1 of an existing bridge determined by the 8.2 commissioner to be deficient, if the 8.3 commissioner determines that 8.4 construction of the road or street is 8.5 more economical than replacing the 8.6 existing bridge. 8.7 Of this amount, $250,000 is for a grant 8.8 to the city of Akeley to match the 8.9 local share of the costs of 8.10 reconstructing a bridge on marked trunk 8.11 highway No. 64 where the bridge bisects 8.12 the Crow Wing lakes. 8.13 (d) Turnbacks 8.14 3,000,000 -0- 8.15 This appropriation is onetime only from 8.16 the general fund and is available until 8.17 spent. 8.18 Of this appropriation, $2,000,000 is 8.19 for transfer to the county turnback 8.20 account and $1,000,000 is for transfer 8.21 to the municipal turnback account. 8.22 (e) Local Road Improvement Fund 8.23 50,000,000 -0- 8.24 This appropriation is onetime only from 8.25 the general fund and is available until 8.26 spent. This appropriation is for 8.27 transfer to the local road improvement 8.28 fund under Minnesota Statutes, section 8.29 174.52. Of this appropriation, 8.30 $18,000,000 is for transfer to the 8.31 trunk highway corridor account, 8.32 $18,000,000 is for transfer to the 8.33 local road development account, 8.34 $10,000,000 is for transfer to the 8.35 small cities account, and $4,000,000 is 8.36 for transfer to the noise wall account. 8.37 Of the amount in the noise wall 8.38 account, $750,000 must be used for a 8.39 demonstration project for constructing 8.40 masonry sound walls. After 8.41 construction of masonry sound walls 8.42 with this appropriation, the 8.43 commissioner shall evaluate the masonry 8.44 sound walls for the house of 8.45 representatives and senate 8.46 transportation committees. 8.47 Subd. 8. State Roads 8.48 Summary by Fund 8.49 General 100,009,000 9,000 8.50 Trunk Highway 974,726,000 988,129,000 8.51 The amounts that may be spent from this 8.52 appropriation for each activity are as 8.53 follows: 8.54 (a) State Road Construction 8.55 562,567,000 562,567,000 9.1 It is estimated that these 9.2 appropriations will be funded as 9.3 follows: 9.4 Federal Highway Aid 9.5 275,000,000 300,000,000 9.6 Highway User Taxes 9.7 287,567,000 262,567,000 9.8 The commissioner of transportation 9.9 shall notify the chair of the 9.10 transportation budget division of the 9.11 senate and chair of the transportation 9.12 finance committee of the house of 9.13 representatives quarterly of any events 9.14 that should cause these estimates to 9.15 change. 9.16 This appropriation is for the actual 9.17 construction, reconstruction, and 9.18 improvement of trunk highways. This 9.19 includes the cost of actual payment to 9.20 landowners for lands acquired for 9.21 highway rights-of-way, payment to 9.22 lessees, interest subsidies, and 9.23 relocation expenses. 9.24 The commissioner may transfer up to 9.25 $15,000,000 each year to the trunk 9.26 highway revolving loan account. 9.27 The commissioner may receive money 9.28 covering other shares of the cost of 9.29 partnership projects. These receipts 9.30 are appropriated to the commissioner 9.31 for these projects. 9.32 (b) General Fund State Road 9.33 Construction 9.34 100,000,000 -0- 9.35 (1) This appropriation is onetime only 9.36 from the general fund for the 9.37 construction, reconstruction, and 9.38 improvement of trunk highways. The 9.39 commissioner shall allocate this 9.40 appropriation to the eight state 9.41 construction districts using the target 9.42 allocation formula commonly used to 9.43 distribute biennial appropriations for 9.44 road construction purposes. The 9.45 districts shall give priority to 9.46 projects that preserve and repair 9.47 existing trunk highways or make 9.48 safety-related improvements and that 9.49 can be accomplished during the 9.50 2002-2003 fiscal biennium. 9.51 Of the appropriations under this 9.52 paragraph, the commissioner may not 9.53 spend more than $10,000,000 for program 9.54 delivery. 9.55 (2) The appropriations under this 9.56 paragraph are available through June 9.57 30, 2003. On July 1, 2003, any part of 9.58 this appropriation not spent cancels to 10.1 the trunk highway fund. The 10.2 commissioner shall report by February 10.3 1, 2003, to the chairs of the senate 10.4 and house of representatives committees 10.5 having jurisdiction over transportation 10.6 policy and transportation finance on 10.7 any projects that the department of 10.8 transportation has scheduled to be 10.9 constructed with this appropriation 10.10 that the commissioner determines will 10.11 be canceled or delayed as a result of 10.12 any part of this appropriation 10.13 canceling to the trunk highway fund. 10.14 For purposes of this paragraph, money 10.15 encumbered by the commissioner for a 10.16 trunk highway project is considered to 10.17 be spent. 10.18 (c) Report on General Fund 10.19 Road Construction 10.20 By August 1 of 2001, 2002, and 2003, 10.21 the commissioner shall report to the 10.22 chairs of the senate and house of 10.23 representatives committees with 10.24 jurisdiction over transportation policy 10.25 and finance on the status of each 10.26 project that is financed in whole or in 10.27 part from the money appropriated under 10.28 paragraph (b). For each such project 10.29 the report must identify: 10.30 (1) the estimated full cost; 10.31 (2) an estimate of the original and new 10.32 schedule for completion; and 10.33 (3) an estimate of the schedule for 10.34 completion and description of projects 10.35 that will be moved forward in the 10.36 district's ten-year plan due to the 10.37 availability of the appropriation in 10.38 paragraph (b). 10.39 (d) Highway Debt Service 10.40 19,235,000 24,228,000 10.41 $9,235,000 the first year and 10.42 $14,228,000 the second year are for 10.43 transfer to the state bond fund. 10.44 If this appropriation is insufficient 10.45 to make all transfers required in the 10.46 year for which it is made, the 10.47 commissioner of finance shall notify 10.48 the committee on state government 10.49 finance of the senate and the committee 10.50 on ways and means of the house of 10.51 representatives of the amount of the 10.52 deficiency and shall then transfer that 10.53 amount under the statutory open 10.54 appropriation. 10.55 Any excess appropriation must be 10.56 canceled to the trunk highway fund. 10.57 (e) Research and Investment Management 10.58 12,337,000 12,361,000 11.1 $600,000 the first year and $600,000 11.2 the second year are available for 11.3 grants for transportation studies 11.4 outside the metropolitan area to 11.5 identify critical concerns, problems, 11.6 and issues. These grants are available 11.7 to (1) regional development 11.8 commissions, and (2) in regions where 11.9 no regional development commission is 11.10 functioning, joint powers boards 11.11 established under agreement of two or 11.12 more political subdivisions in the 11.13 region to exercise the planning 11.14 functions of a regional development 11.15 commission, and (3) in regions where no 11.16 regional development commission or 11.17 joint powers board is functioning, the 11.18 department's district office for that 11.19 region. 11.20 $266,000 the first year and $266,000 11.21 the second year are available for 11.22 grants to metropolitan planning 11.23 organizations outside the seven-county 11.24 metropolitan area, including the 11.25 Mankato area. 11.26 $200,000 the first year is for an 11.27 update of the statewide transportation 11.28 plan. 11.29 (f) Central Engineering Services 11.30 65,031,000 66,338,000 11.31 (g) Design and Construction Engineering 11.32 88,835,000 91,046,000 11.33 (h) State Road Operations 11.34 221,113,000 225,852,000 11.35 $2,750,000 the first year and 11.36 $2,750,000 the second year are for 11.37 facilities' maintenance. 11.38 $3,000,000 the first year and 11.39 $3,000,000 the second year are for 11.40 improved highway striping. 11.41 $3,250,000 the first year and 11.42 $3,250,000 the second year are for road 11.43 equipment and fabrication of auxiliary 11.44 equipment for snowplow trucks. 11.45 $875,000 the first year and $875,000 11.46 the second year are to support highway 11.47 signal and lighting maintenance 11.48 activities. 11.49 (i) Electronic Communications 11.50 5,617,000 5,746,000 11.51 Summary by Fund 11.52 General 9,000 9,000 11.53 Trunk Highway 5,608,000 5,737,000 12.1 Subd. 9. General Support 52,961,000 53,924,000 12.2 Summary by Fund 12.3 General 54,000 56,000 12.4 Airports 70,000 70,000 12.5 Trunk Highway 52,837,000 53,798,000 12.6 The amounts that may be spent from this 12.7 appropriation for each activity are as 12.8 follows: 12.9 (a) General Management 12.10 39,273,000 39,990,000 12.11 $125,000 each year is for a Native 12.12 American liaison to establish 12.13 relationships with tribal communities. 12.14 $6,600,000 each year is for 12.15 preservation and improvement of the 12.16 agency's information technology 12.17 infrastructure. 12.18 (b) General Services 12.19 13,688,000 13,934,000 12.20 Summary by Fund 12.21 General 54,000 56,000 12.22 Airports 70,000 70,000 12.23 Trunk Highway 13,564,000 13,808,000 12.24 If the appropriation for either year is 12.25 insufficient, the appropriation for the 12.26 other year is available for it. 12.27 $2,000,000 each year is for information 12.28 technology development activities. Of 12.29 this amount, $1,050,000 each year adds 12.30 to the agency budget base. 12.31 Subd. 10. Buildings 7,716,000 -0- 12.32 Summary by Fund 12.33 Trunk Highway 6,816,000 -0- 12.34 Special Revenue 900,000 -0- 12.35 $900,000 the first year is from the 12.36 driver license account in the special 12.37 revenue fund for an addition to the 12.38 driver's exam building in Eagan. 12.39 Subd. 11. Transfers 12.40 (a) The commissioner of transportation 12.41 with the approval of the commissioner 12.42 of finance may transfer unencumbered 12.43 balances among the appropriations from 12.44 the trunk highway fund and the state 12.45 airports fund made in this section. No 12.46 transfer may be made from the 12.47 appropriation for state road 13.1 construction. No transfer may be made 13.2 from the appropriations for debt 13.3 service to any other appropriation. 13.4 Transfers under this paragraph may not 13.5 be made between funds. Transfers must 13.6 be reported immediately to the chair of 13.7 the transportation budget division of 13.8 the senate and the chair of the 13.9 transportation finance committee of the 13.10 house of representatives. 13.11 (b) The commissioner of finance shall 13.12 transfer from the flexible account in 13.13 the county state-aid highway fund 13.14 $6,400,000 the first year and 13.15 $2,400,000 the second year to the 13.16 municipal turnback account in the 13.17 municipal state-aid street fund, and 13.18 the remainder in each year to the 13.19 county turnback account in the county 13.20 state-aid highway fund. 13.21 Subd. 12. Use of State Road 13.22 Construction Appropriations 13.23 Any money appropriated to the 13.24 commissioner of transportation for 13.25 state road construction for any fiscal 13.26 year before fiscal year 2001 is 13.27 available to the commissioner during 13.28 fiscal years 2002 and 2003 to the 13.29 extent that the commissioner spends the 13.30 money on the state road construction 13.31 project for which the money was 13.32 originally encumbered during the fiscal 13.33 year for which it was appropriated. 13.34 The commissioner of transportation 13.35 shall report to the commissioner of 13.36 finance by August 1, 2001, and August 13.37 1, 2002, on a form the commissioner of 13.38 finance provides, on expenditures made 13.39 during the previous fiscal year that 13.40 are authorized by this subdivision. 13.41 Subd. 13. Contingent Appropriation 13.42 The commissioner of transportation, 13.43 with the approval of the governor after 13.44 consultation with the legislative 13.45 advisory commission under Minnesota 13.46 Statutes, section 3.30, may transfer 13.47 all or part of the unappropriated 13.48 balance in the trunk highway fund to an 13.49 appropriation (1) for trunk highway 13.50 design, construction, or inspection in 13.51 order to take advantage of an 13.52 unanticipated receipt of income to the 13.53 trunk highway fund, (2) for trunk 13.54 highway maintenance in order to meet an 13.55 emergency, or (3) to pay tort or 13.56 environmental claims. The amount 13.57 transferred is appropriated for the 13.58 purpose of the account to which it is 13.59 transferred. 13.60 Sec. 3. METROPOLITAN COUNCIL 13.61 TRANSIT 128,101,000 68,101,000 13.62 Subdivision 1. Transit Operations 68,101,000 68,101,000 14.1 The council may not spend more than 14.2 $42,200,000 for metro mobility in the 14.3 2002-2003 fiscal biennium except for 14.4 proceeds from bond sales when use of 14.5 those proceeds for metro mobility 14.6 capital expenditures is authorized by 14.7 law. 14.8 Subd. 2. Bus Garages 12,000,000 -0- 14.9 To construct bus garages. 14.10 This appropriation is onetime only and 14.11 is available until spent. 14.12 Subd. 3. Bus Purchases and 14.13 Capital Facilities 20,000,000 -0- 14.14 This appropriation is for bus 14.15 purchases, bus shelters, park and ride 14.16 facilities, and other capital 14.17 facilities related to bus operations. 14.18 The council must use a portion of this 14.19 appropriation as capital grants to the 14.20 transit systems commonly known as 14.21 opt-outs. 14.22 Of this amount, $2,000,000 is for 14.23 construction of a bus transit hub in 14.24 the city of Brooklyn Center. 14.25 This appropriation is onetime only and 14.26 is available until spent. 14.27 Subd. 4. Fare Increase 14.28 Replacement 18,000,000 -0- 14.29 This appropriation is a onetime 14.30 appropriation for transit operating 14.31 purposes to avoid a planned fare 14.32 increase. The metropolitan council may 14.33 not increase base fares during the 14.34 2002-2003 fiscal biennium without 14.35 specific legislative authorization. 14.36 The metropolitan council must use a 14.37 portion of this appropriation as grants 14.38 to the transit systems commonly known 14.39 as opt-outs to replace revenue expected 14.40 from the fare increase. 14.41 Subd. 5. Transit Ways 10,000,000 -0- 14.42 For engineering, design, and 14.43 construction of transit ways, 14.44 including, but not limited to, 14.45 acquisition of land and right-of-way. 14.46 This appropriation is onetime only and 14.47 is available until spent. 14.48 Of this appropriation, $4,000,000 is 14.49 for a grant to the Dakota county 14.50 regional rail authority to be used as 14.51 follows: 14.52 (1) $2,000,000 is for a feasibility 14.53 study, environmental studies, and 14.54 preliminary engineering in the Cedar 14.55 Avenue corridor to link the Hiawatha, 14.56 Riverview, and Northstar transit 14.57 corridors in Dakota county and to 15.1 provide connection with marked 15.2 interstate highways I-35E and I-35; and 15.3 (2) $2,000,000 is for a transit 15.4 feasibility study, environmental 15.5 studies, and preliminary engineering in 15.6 the corridor that includes trunk 15.7 highway Nos. 52 and 3/Robert Street. 15.8 The study must include an evaluation of 15.9 transit alternatives in the corridor, 15.10 including improved bus services and 15.11 related facilities, or providing a 15.12 dedicated bus transit way, or light 15.13 rail transit. The study must include 15.14 an evaluation of connections to 15.15 downtown St. Paul and the Riverview and 15.16 Red Rock transit corridors. 15.17 Of this appropriation, $5,000,000 is 15.18 for a grant to the Ramsey county 15.19 regional rail authority for 15.20 environmental studies, preliminary 15.21 engineering, and implementation of 15.22 major transit improvements in the 15.23 central corridor linking downtown 15.24 Minneapolis and downtown St. Paul. 15.25 $1,000,000 is for a grant to the Rush 15.26 Line joint power board to implement 15.27 potential transit improvements, 15.28 including park and ride facilities and 15.29 bus lanes. 15.30 Sec. 4. PUBLIC SAFETY 15.31 Subdivision 1. Total 15.32 Appropriation 112,166,000 113,083,000 15.33 Summary by Fund 15.34 General 13,990,000 12,046,000 15.35 Trunk 15.36 Highway 64,798,000 68,367,000 15.37 For 2001 - $445,000 15.38 Highway User 11,428,000 11,061,000 15.39 For 2001 - $875,000 15.40 Special 15.41 Revenue 21,950,000 21,609,000 15.42 Subd. 2. Administration 15.43 and Related Services 13,169,000 13,365,000 15.44 Summary by Fund 15.45 General 4,578,000 4,603,000 15.46 Trunk Highway 7,206,000 7,377,000 15.47 Highway User 1,385,000 1,385,000 15.48 (a) Office of Communications 15.49 390,000 398,000 15.50 Summary by Fund 16.1 General 20,000 20,000 16.2 Trunk Highway 370,000 378,000 16.3 (b) Public Safety Support 16.4 7,903,000 7,995,000 16.5 Summary by Fund 16.6 General 3,086,000 3,087,000 16.7 Trunk Highway 3,451,000 3,542,000 16.8 Highway User 1,366,000 1,366,000 16.9 $326,000 the first year and $326,000 16.10 the second year are for payment of 16.11 public safety officer survivor benefits 16.12 under Minnesota Statutes, section 16.13 299A.44. If the appropriation for 16.14 either year is insufficient, the 16.15 appropriation for the other year is 16.16 available for it. 16.17 $314,000 the first year and $314,000 16.18 the second year are to be deposited in 16.19 the public safety officer's benefit 16.20 account. This money is available for 16.21 reimbursements under Minnesota 16.22 Statutes, section 299A.465. 16.23 $508,000 the first year and $508,000 16.24 the second year are for soft body armor 16.25 reimbursements under Minnesota 16.26 Statutes, section 299A.38. 16.27 (c) Technical Support Services 16.28 4,876,000 4,972,000 16.29 Summary by Fund 16.30 General 1,472,000 1,496,000 16.31 Trunk Highway 3,385,000 3,457,000 16.32 Highway User 19,000 19,000 16.33 Subd. 3. State Patrol 62,846,000 64,205,000 16.34 Summary by Fund 16.35 General 5,479,000 3,447,000 16.36 Trunk Highway 57,275,000 60,666,000 16.37 Highway User 92,000 92,000 16.38 (a) Patrolling Highways 16.39 52,605,000 54,111,000 16.40 Summary by Fund 16.41 General 1,662,000 37,000 16.42 Trunk Highway 50,776,000 53,982,000 16.43 Highway Users 92,000 92,000 17.1 $1,625,000 the first year from the 17.2 general fund is onetime only and is for 17.3 the purchase of video cameras for 17.4 installation in state patrol vehicles. 17.5 Of this appropriation, $1,212,000 the 17.6 first year and $3,082,000 the second 17.7 year from the trunk highway fund are 17.8 for 65 new patrol positions and the 17.9 recruit training academy. 17.10 (b) Commercial Vehicle Enforcement 17.11 6,295,000 6,474,000 17.12 This appropriation is from the trunk 17.13 highway fund. 17.14 (c) Capitol Security 17.15 4,021,000 3,620,000 17.16 Summary by Fund 17.17 General 3,817,000 3,410,000 17.18 Trunk Highway 204,000 210,000 17.19 $500,000 the first year from the 17.20 general fund is to be used by the 17.21 capitol complex security oversight 17.22 committee described in Minnesota 17.23 Statutes, section 299E.03. The 17.24 committee's chair shall use the money 17.25 at the direction of the committee and 17.26 with the advice of the commissioner to 17.27 purchase and install security 17.28 technology in the capitol complex. 17.29 Legislative members of the committee 17.30 may not vote on how the money is to be 17.31 used. The technology must include, but 17.32 is not limited to, video cameras, and 17.33 must be designed to enhance the safety 17.34 of legislators, constitutional 17.35 officers, members of the judiciary, 17.36 commissioners of state agencies, 17.37 visiting dignitaries, and members of 17.38 the public. 17.39 By January 15, 2002, the committee's 17.40 chair shall report on how the money was 17.41 spent to the chairs of the senate and 17.42 house of representatives committees or 17.43 divisions having jurisdiction over 17.44 capitol complex security. The 17.45 commissioner may, upon request of the 17.46 committee, transfer this appropriation 17.47 to the department of administration. 17.48 Subd. 4. Driver and 17.49 Vehicle Services 34,780,000 34,195,000 17.50 Summary by Fund 17.51 General 3,858,000 3,996,000 17.52 Trunk Highway -0- -0- 17.53 For 2001 - $445,000 17.54 Highway User 9,951,000 9,584,000 18.1 For 2001 - $875,000 18.2 Special Revenue 20,971,000 20,615,000 18.3 (a) Vehicle Registration 18.4 and Title 18.5 13,754,000 13,524,000 18.6 Summary by Fund 18.7 General 3,803,000 3,940,000 18.8 Highway User 9,951,000 9,584,000 18.9 For 2001 - $875,000 18.10 $875,000 from the highway user fund is 18.11 added to the appropriation for fiscal 18.12 year 2001 in Laws 1999, chapter 238, 18.13 article 1, section 4, subdivision 4a, 18.14 for increased license plate costs. 18.15 (b) Licensing Drivers 18.16 21,101,000 20,670,000 18.17 Summary by Fund 18.18 General 130,000 55,000 18.19 Special Revenue 20,971,000 20,615,000 18.20 Trunk Highway -0- -0- 18.21 For 2001 - $445,000 18.22 $445,000 from the trunk highway fund is 18.23 added to the appropriation for fiscal 18.24 year 2001 in Laws 1999, chapter 238, 18.25 article 1, section 4, subdivision 4c, 18.26 for increased driver's license card 18.27 production costs. 18.28 $75,000 the first year from the general 18.29 fund is for translating the driver's 18.30 manual. 18.31 Subd. 5. Traffic Safety 317,000 324,000 18.32 This appropriation is from the trunk 18.33 highway fund. 18.34 Subd. 6. Pipeline Safety 979,000 994,000 18.35 This appropriation is from the pipeline 18.36 safety account in the special revenue 18.37 fund. 18.38 Sec. 5. MINNESOTA SAFETY 18.39 COUNCIL 67,000 67,000 18.40 This is an ongoing appropriation. 18.41 Sec. 6. FINANCE 10,000,000 -0- 18.42 For transfer to the transportation 18.43 revolving fund. 18.44 This appropriation is onetime only from 18.45 the general fund. 19.1 Sec. 7. GENERAL CONTINGENT 19.2 ACCOUNTS 5,975,000 5,975,000 19.3 The appropriations in this section may 19.4 only be spent with the approval of the 19.5 governor after consultation with the 19.6 legislative advisory commission 19.7 pursuant to Minnesota Statutes, section 19.8 3.30. 19.9 If an appropriation in this section for 19.10 either year is insufficient, the 19.11 appropriation for the other year is 19.12 available for it. 19.13 Summary by Fund 19.14 General Fund 5,100,000 5,100,000 19.15 Special Revenue 400,000 400,000 19.16 Trunk Highway 200,000 200,000 19.17 Highway User 125,000 125,000 19.18 Airports 50,000 50,000 19.19 Workers' Compensation 100,000 100,000 19.20 $4,400,000 the first year from the 19.21 general fund is for the fiscal year 19.22 2001 required match of federal disaster 19.23 assistance for all currently open 19.24 presidential declared disasters. 19.25 Sec. 8. TORT CLAIMS 600,000 600,000 19.26 To be spent by the commissioner of 19.27 finance. 19.28 This appropriation is from the trunk 19.29 highway fund. 19.30 If the appropriation for either year is 19.31 insufficient, the appropriation for the 19.32 other year is available for it. 19.33 ARTICLE 2 19.34 CRIMINAL JUSTICE APPROPRIATIONS 19.35 Section 1. [APPROPRIATIONS.] 19.36 The sums shown in the columns marked "APPROPRIATIONS" are 19.37 appropriated from the general fund, or another named fund, to 19.38 the agencies and for the purposes specified in this article, to 19.39 be available for the fiscal years indicated for each purpose. 19.40 The figures "2001," "2002," and "2003," where used in this 19.41 article, mean that the appropriations listed under them are 19.42 available for the year ending June 30, 2001, June 30, 2002, or 19.43 June 30, 2003, respectively. The term "first year" means the 19.44 year ending June 30, 2002, and the term "second year" means the 20.1 year ending June 30, 2003. Appropriations for the year ending 20.2 June 30, 2001, are in addition to appropriations made in 20.3 previous years. 20.4 SUMMARY BY FUND 20.5 2001 2002 2003 TOTAL 20.6 General $4,400,000 $ 96,643,000 $ 88,877,000 $ 185,520,000 20.7 Special Revenue 5,983,000 5,421,000 11,404,000 20.8 Environmental 47,000 49,000 96,000 20.9 State Government 20.10 Special Revenue 7,000 7,000 14,000 20.11 Trunk Highway 354,000 361,000 715,000 20.12 TOTAL $4,400,000 $ 103,034,000 $ 94,715,000 $ 197,749,000 20.13 APPROPRIATIONS 20.14 Available for the Year 20.15 Ending June 30 20.16 2002 2003 20.17 Sec. 2. CRIME VICTIM 20.18 OMBUDSMAN 408,000 419,000 20.19 Sec. 3. PUBLIC SAFETY 20.20 Subdivision 1. Total 20.21 Appropriation 96,928,000 88,882,000 20.22 Summary by Fund 20.23 2002 2003 20.24 General 95,229,000 87,768,000 20.25 Special Revenue 1,291,000 697,000 20.26 State Government 20.27 Special Revenue 7,000 7,000 20.28 Environmental 47,000 49,000 20.29 Trunk Highway 354,000 361,000 20.30 The amounts that may be spent from this 20.31 appropriation for each program are 20.32 specified in the following subdivisions. 20.33 Subd. 2. Emergency Management 20.34 Summary by Fund 20.35 General 13,591,000 7,633,000 20.36 Environmental 47,000 49,000 20.37 (a) The department may carry $82,000 20.38 from the biennium ending June 30, 2001, 20.39 to the biennium ending June 30, 2003. 20.40 (b) $5,000,000 the first year and 20.41 $5,000,000 the second year from the 20.42 general fund are for the state match of 20.43 federal disaster assistance money under 21.1 Minnesota Statutes, section 12.221. 21.2 The unused balance each year must be 21.3 transferred to the state's general 21.4 contingent account. 21.5 (c) $6,000,000 the first year from the 21.6 general fund is for a grant to the city 21.7 of Granite Falls to assist with 21.8 tornado-related costs that are not 21.9 eligible for reimbursement under the 21.10 Federal Emergency Management Agency 21.11 disaster relief programs, including 21.12 acquisition and cleanup costs of 21.13 ineligible properties; costs of lost 21.14 interest earnings; and costs of damage 21.15 assessment, repair, replacement, 21.16 extension, or improvement of publicly 21.17 owned wastewater and municipal utility 21.18 services and drinking water systems. 21.19 (d) $1,121,000 the first year and 21.20 $1,128,000 the second year from the 21.21 general fund are for hazardous 21.22 materials emergency response/chemical 21.23 assessment teams. 21.24 Subd. 3. Criminal Apprehension 21.25 Summary by Fund 21.26 General 35,500,000 35,786,000 21.27 Special Revenue 1,291,000 697,000 21.28 State Government 21.29 Special Revenue 7,000 7,000 21.30 Trunk Highway 354,000 361,000 21.31 (a) $99,000 the first year and $99,000 21.32 the second year from the bureau of 21.33 criminal apprehension account in the 21.34 special revenue fund are for grants to 21.35 local officials for the cooperative 21.36 investigation of cross-jurisdictional 21.37 criminal activity. Any unencumbered 21.38 balance remaining in the first year 21.39 does not cancel but is available for 21.40 the second year. 21.41 (b) $1,332,000 the first year and 21.42 $1,357,000 the second year from the 21.43 general fund are for laboratory 21.44 analysis related to driving while 21.45 impaired cases. 21.46 (c) Notwithstanding Minnesota Statutes, 21.47 section 161.20, subdivision 3, $354,000 21.48 the first year and $361,000 the second 21.49 year from the trunk highway fund are 21.50 for laboratory analysis related to 21.51 driving while impaired cases. 21.52 (d) $750,000 the first year and 21.53 $750,000 the second year are for the 21.54 CriMNet project components to maintain 21.55 the CriMNet enterprise model for use in 21.56 all criminal justice information 21.57 systems implementation efforts, and to 21.58 staff other CriMNet activities. 22.1 (e) $5,000,000 the first year and 22.2 $5,000,000 the second year are onetime 22.3 appropriations for grants under 22.4 Minnesota Statutes, section 299C.65, 22.5 subdivision 7, to implement criminal 22.6 justice information integration plans 22.7 for entities that have completed 22.8 integration plans under Minnesota 22.9 Statutes, section 299C.65, subdivision 22.10 6. 22.11 (f) $500,000 the first year and 22.12 $500,000 the second year are onetime 22.13 appropriations for grants to develop 22.14 criminal justice information 22.15 integration plans under Minnesota 22.16 Statutes, section 299C.65, subdivision 22.17 6. 22.18 (g) $1,000,000 the first year and 22.19 $1,000,000 the second year are for the 22.20 CriMNet project component to work on 22.21 eliminating records currently in the 22.22 criminal history suspense file, and to 22.23 assist local agencies in changing their 22.24 business practices to prevent 22.25 inaccurate and incomplete data from 22.26 being submitted. 22.27 Subd. 4. Fire Marshal 22.28 3,280,000 3,363,000 22.29 Subd. 5. Alcohol and Gambling Enforcement 22.30 1,822,000 1,864,000 22.31 Subd. 6. Crime Victim Services Center 22.32 32,832,000 32,686,000 22.33 (a) $150,000 the first year and 22.34 $250,000 the second year are for the 22.35 statewide automated victim notification 22.36 system described in Minnesota Statutes, 22.37 section 299A.76. Of this amount, 22.38 $100,000 the second year adds to the 22.39 agency's base budget. 22.40 (b) $280,000 the first year is a 22.41 onetime appropriation for the pilot 22.42 project grant program to provide 22.43 neighborhood-based services to crime 22.44 victims and witnesses described in 22.45 section 15. The grant recipient or 22.46 recipients shall use the grant money to 22.47 offer services in a minimum of five 22.48 locations, at least three of which must 22.49 be locations where these types of 22.50 services are not currently offered. 22.51 (c) $250,000 the first year and 22.52 $250,000 the second year are onetime 22.53 appropriations for a sexual assault 22.54 multidisciplinary action response teams 22.55 grant program. Of this appropriation, 22.56 $75,000 each year is for technical 22.57 assistance and training services 22.58 provided by the sexual assault justice 22.59 institute of the Minnesota coalition 22.60 against sexual assault. To receive 23.1 state funds, grantees must provide a 25 23.2 percent match. The match may include 23.3 in-kind services. 23.4 The executive director, in consultation 23.5 with the sexual assault advisory 23.6 council, shall make grants to counties 23.7 or groups of counties to establish 23.8 response teams. The response teams are 23.9 responsible for developing interagency 23.10 protocols following the eight-step 23.11 process developed as the Minnesota 23.12 model sexual assault response 23.13 protocol. Response teams shall work in 23.14 collaboration with the sexual violence 23.15 justice institute of the Minnesota 23.16 coalition against sexual assault. 23.17 Response teams shall include: 23.18 (1) a chief law enforcement officer or 23.19 designee; 23.20 (2) a county attorney or designee; 23.21 (3) a victims' advocate; and 23.22 (4) a medical evidentiary exam provider. 23.23 Additional representation may include, 23.24 but is not limited to: mental health 23.25 professionals, representatives from 23.26 institutions of higher learning, 23.27 representatives from district court 23.28 administration, representatives from 23.29 corrections agencies, clergy, and 23.30 community-based agencies providing 23.31 services to victims of sexual assault. 23.32 The executive director shall award up 23.33 to ten grants in a manner that attempts 23.34 to ensure statewide distribution of 23.35 response teams. 23.36 (d) $1,000,000 the first year and 23.37 $1,000,000 the second year are onetime 23.38 appropriations for per diem funding for 23.39 battered women shelters under Minnesota 23.40 Statutes, section 611A.32, and for safe 23.41 homes. 23.42 Subd. 7. Law Enforcement and Community Grants 23.43 8,999,000 6,911,000 23.44 (a) $250,000 the first year is a 23.45 onetime appropriation for a grant to 23.46 the Pennington county sheriff for 23.47 implementation of an 800 MHz trunked 23.48 public safety radio system. 23.49 (b) $1,000,000 the first year is a 23.50 onetime appropriation for grants under 23.51 Minnesota Statutes, section 299C.065, 23.52 subdivision 1, clause (1), for 23.53 increased law enforcement costs 23.54 relating to methamphetamine trafficking 23.55 and production. Grant recipients must 23.56 be chosen by the office of drug policy 23.57 and violence prevention after 23.58 consulting with the narcotics 24.1 enforcement coordinating committee. 24.2 Grants must be allocated in a balanced 24.3 manner among rural, suburban, and urban 24.4 drug task force agencies. Grants may 24.5 be awarded and used for the following 24.6 items relating to clandestine 24.7 methamphetamine labs: 24.8 (1) increased general law enforcement 24.9 costs; 24.10 (2) training materials and public 24.11 awareness publications; 24.12 (3) peace officer training courses, 24.13 certification, and equipment; and 24.14 (4) reimbursements to law enforcement 24.15 agencies for extraordinary or unusual 24.16 overtime and investigative expenses. 24.17 Grants must not be used for 24.18 methamphetamine lab site cleanup or 24.19 disposal of seized equipment or 24.20 chemicals. Additionally, grants must 24.21 not supplant current local spending or 24.22 other state or federal grants allocated 24.23 by the commissioner of public safety 24.24 for similar purposes. 24.25 (c) $550,000 the first year and 24.26 $550,000 the second year are to 24.27 continue to operate the youth 24.28 experience alternatives program, which 24.29 includes weekend camp programs for 24.30 at-risk youth described as the Camp 24.31 Ripley weekend camp program in Laws 24.32 1997, chapter 239, article 1, section 24.33 12, subdivision 3, as amended by Laws 24.34 1998, chapter 367, article 10, section 24.35 13. The commissioner shall attempt to 24.36 serve at least 500 juveniles per year 24.37 within this appropriation. This 24.38 appropriation adds to the agency's base 24.39 budget. 24.40 (d) $1,000,000 the first year and 24.41 $1,000,000 the second year are onetime 24.42 appropriations for grants authorized 24.43 under Minnesota Statutes, section 24.44 299A.66, subdivisions 1 and 2. 24.45 (e) $250,000 the first year and 24.46 $250,000 the second year are onetime 24.47 appropriations for distribution as 24.48 matching funds to counties 24.49 participating in multijurisdictional 24.50 narcotics task forces that receive 24.51 federal Byrne grant funds. These 24.52 matching funds are available statewide 24.53 to any county currently participating 24.54 in a task force, any county seeking to 24.55 join an existing task force, and any 24.56 county starting its own task force. 24.57 (f) $600,000 the first year is a 24.58 onetime appropriation for a grant to 24.59 the Ramsey county attorney's office to 24.60 continue funding the joint domestic 24.61 abuse prosecution unit. Of this 24.62 appropriation, $100,000 is for a grant 25.1 to the Ramsey county public defender's 25.2 office to continue work related to the 25.3 joint domestic abuse prosecution unit. 25.4 This appropriation is available until 25.5 June 30, 2003. 25.6 The Ramsey county attorney's office and 25.7 the St. Paul city attorney's office 25.8 shall continue the joint domestic abuse 25.9 prosecution unit pilot project 25.10 established by the legislature under 25.11 Laws 2000, chapters 471, section 3; and 25.12 488, article 6, section 10. The 25.13 appropriation must be used to continue 25.14 the pilot project beyond its first year 25.15 of operation and allow a meaningful 25.16 evaluation that will benefit other 25.17 jurisdictions in Minnesota. The unit 25.18 has authority to prosecute 25.19 misdemeanors, gross misdemeanors, and 25.20 felonies. The unit shall also 25.21 coordinate efforts with child 25.22 protection attorneys. The unit may 25.23 include four cross-deputized assistant 25.24 city attorneys and assistant county 25.25 attorneys and a police investigator. A 25.26 victim/witness advocate, a law clerk, a 25.27 paralegal, and a secretary may provide 25.28 support. 25.29 The goals of this pilot project are to: 25.30 (1) recognize children as both victims 25.31 and witnesses in domestic abuse 25.32 situations; 25.33 (2) recognize and respect the interests 25.34 of children in the prosecution of 25.35 domestic abuse; and 25.36 (3) reduce the exposure to domestic 25.37 violence for both adult and child 25.38 victims. 25.39 By January 15, 2002, the Ramsey county 25.40 attorney's office and the St. Paul city 25.41 attorney's office shall report to the 25.42 chairs and ranking minority members of 25.43 the senate and house of representatives 25.44 committees and divisions having 25.45 jurisdiction over criminal justice 25.46 policy and funding on the pilot 25.47 project. The report may include the 25.48 number and types of cases referred, the 25.49 number of cases charged, the outcome of 25.50 cases, and other relevant outcome 25.51 measures. 25.52 (g) $300,000 the first year and 25.53 $300,000 the second year are for grants 25.54 to the center for reducing rural 25.55 violence to be used by the center to 25.56 continue the violence prevention 25.57 services and related technical 25.58 assistance it currently offers to rural 25.59 communities. This appropriation adds 25.60 to the agency's base budget. 25.61 (h) $250,000 the first year is for 25.62 grants under Minnesota Statutes, 25.63 section 299A.62, the community-oriented 26.1 policing program, to fund overtime for 26.2 peace officers. Fifty percent is to be 26.3 used for grants to St. Paul and 26.4 Minneapolis police departments and 50 26.5 percent is to be used for grants to 26.6 other police departments statewide. 26.7 This appropriation is available until 26.8 June 30, 2003. 26.9 Sec. 4. BOARD OF PEACE OFFICER 26.10 STANDARDS AND TRAINING 4,692,000 4,724,000 26.11 This appropriation is from the peace 26.12 officer training account in the special 26.13 revenue fund. Any receipts credited to 26.14 the peace officer training account in 26.15 the special revenue fund in the first 26.16 year in excess of $4,692,000 must be 26.17 transferred and credited to the general 26.18 fund. Any receipts credited to the 26.19 peace officer training account in the 26.20 special revenue fund in the second year 26.21 in excess of $4,724,000 must be 26.22 transferred and credited to the general 26.23 fund. 26.24 Sec. 5. BOARD OF PRIVATE DETECTIVE 26.25 AND PROTECTIVE AGENT SERVICES 144,000 148,000 26.26 The board may increase the amounts 26.27 charged for initial licenses, 26.28 application fees, reissuance fees, 26.29 designation fees, status fees, and 26.30 business fees as specified on page 26.31 H-331 of the governor's 2002-2003 26.32 proposed criminal justice budget. 26.33 Sec. 6. DEFICIENCY APPROPRIATION 26.34 Fiscal Year 2001 26.35 General 4,400,000 26.36 This appropriation for fiscal year 2001 26.37 is added to the appropriation in Laws 26.38 1999, chapter 216, article 1, section 26.39 7, subdivision 2, for the state match 26.40 of federal disaster assistance money 26.41 under Minnesota Statutes, section 26.42 12.221. This appropriation is 26.43 available to fund state obligations 26.44 incurred through the receipt of federal 26.45 disaster assistance grants and is 26.46 available the day following final 26.47 enactment. 26.48 Sec. 7. Minnesota Statutes 2000, section 13.87, is amended 26.49 by adding a subdivision to read: 26.50 Subd. 3. [INTERNET ACCESS.] (a) Notwithstanding section 26.51 13.03, subdivision 3, paragraph (a), the bureau of criminal 26.52 apprehension may charge a fee for Internet access to public 26.53 criminal history data provided through August 1, 2005. The fee 26.54 may not exceed $5 per inquiry or the amount needed to recoup the 26.55 actual cost of implementing and providing Internet access, 27.1 whichever is less. 27.2 (b) The Web site must include a notice to the subject of 27.3 data of the right to contest the accuracy or completeness of 27.4 data, as provided under section 13.04, subdivision 4, and 27.5 provide a telephone number and address that the subject may 27.6 contact for further information on this process. 27.7 (c) The Web site must include the effective date of data 27.8 that is posted. 27.9 (d) The Web site must include a description of the types of 27.10 criminal history data not available on the site, including 27.11 arrest data, juvenile data, criminal history data from other 27.12 states, federal data, data on convictions where 15 years have 27.13 elapsed since discharge of the sentence, and other data that are 27.14 not accessible to the public. 27.15 (e) The Web site must include a notice that a person 27.16 obtaining access to the site has a duty to disclose criminal 27.17 history data obtained from the site to the subject of the data 27.18 if any adverse decision regarding employment, housing, or credit 27.19 is based in whole or in part on the data. This paragraph does 27.20 not create a civil cause of action on behalf of the data subject. 27.21 Sec. 8. [299A.76] [AUTOMATED VICTIM NOTIFICATION SYSTEM.] 27.22 The center for crime victim services shall oversee the 27.23 design and implementation of a statewide automated victim 27.24 notification system serving state and local correctional 27.25 facilities and courts. 27.26 Sec. 9. Minnesota Statutes 2000, section 299C.10, 27.27 subdivision 1, is amended to read: 27.28 Subdivision 1. [LAW ENFORCEMENT DUTYREQUIRED 27.29 FINGERPRINTING.] (a)It is hereby made the duty of theSheriffs 27.30of the respective counties, of the police, peace officersin27.31cities of the first, second, and third classes, under the27.32direction of the chiefs of police in such cities, andof27.33 community corrections agencies operating secure juvenile 27.34 detention facilitiestoshall take or cause to be taken 27.35 immediately finger and thumb prints, photographs, distinctive 27.36 physical mark identification data, information on any known 28.1 aliases or street names, and other identification data requested 28.2 or required by the superintendent of the bureau, of the 28.3 following: 28.4 (1) persons arrested for, appearing in court on a charge 28.5 of, or convicted of a felonyor, gross misdemeanor, or targeted 28.6 misdemeanor; 28.7 (2) juveniles arrested for, appearing in court on a charge 28.8 of, adjudicated delinquent for, or alleged to have committed 28.9 felonies or gross misdemeanors as distinguished from those 28.10 committed by adult offenders; 28.11 (3) persons reasonably believed by the arresting officer to 28.12 be fugitives from justice; 28.13 (4) persons in whose possession, when arrested, are found 28.14 concealed firearms or other dangerous weapons, burglar tools or 28.15 outfits, high-power explosives, or articles, machines, or 28.16 appliances usable for an unlawful purpose and reasonably 28.17 believed by the arresting officer to be intended for such 28.18 purposes; and 28.19 (5) juveniles referred by a law enforcement agency to a 28.20 diversion program for a felony or gross misdemeanor offense. 28.21 Unless the superintendent of the bureau requires a shorter 28.22 period, within 24 hours the fingerprint records and other 28.23 identification data specified under this paragraph must be 28.24 forwarded to the bureauof criminal apprehensionon such forms 28.25 and in such manner as may be prescribed by the superintendentof28.26the bureau of criminal apprehension. 28.27 (b)Effective August 1, 1997, the identification reporting28.28requirements shall also apply to persons arrested for or alleged28.29to have committed targeted misdemeanor offenses and juveniles28.30arrested for or alleged to have committed gross misdemeanors.28.31In addition, the reporting requirements shall include any known28.32aliases or street names of the offendersProsecutors, courts, 28.33 and probation officers shall attempt to ensure that the required 28.34 identification data is taken on a person described in paragraph 28.35 (a). 28.36 (c) For purposes of this section, a targeted misdemeanor is 29.1 a misdemeanor violation of section 169A.20 (driving while 29.2 impaired), 518B.01 (order for protection violation), 609.224 29.3 (fifth degree assault), 609.2242 (domestic assault), 609.746 29.4 (interference with privacy), 609.748 (harassment or restraining 29.5 order violation), or 617.23 (indecent exposure). 29.6 Sec. 10. Minnesota Statutes 2000, section 299C.11, is 29.7 amended to read: 29.8 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 29.9 (a)TheEach sheriffof each countyandthechief of police 29.10of each city of the first, second, and third classesshall 29.11 furnish the bureau, upon such form as the superintendent shall 29.12 prescribe, with such finger and thumb prints, photographs, 29.13 distinctive physical mark identification data, information on 29.14 known aliases and street names, and other identification data as 29.15 may be requested or required by the superintendent of the 29.16 bureau, whichmaymust be taken under the provisions of section 29.17 299C.10, of persons who shall be convicted of a felony, gross29.18misdemeanor, or who shall be. In addition, sheriffs and chiefs 29.19 of police shall furnish this identification data to the bureau 29.20 for individuals found to have been convicted of a felonyor, 29.21 gross misdemeanor, or targeted misdemeanor, within the ten years 29.22nextimmediately preceding their arrest. 29.23 (b) No petition under chapter 609A is required if the 29.24 person has not been convicted of any felony or gross 29.25 misdemeanor, either within or without the state, within the 29.26 period of ten years immediately preceding the determination of 29.27 all pending criminal actions or proceedings in favor of the 29.28 arrested person, and either of the following occurred: 29.29 (1) all charges were dismissed prior to a determination of 29.30 probable cause; or 29.31 (2) the prosecuting authority declined to file any charges 29.32 and a grand jury did not return an indictment. 29.33 Where these conditions are met, the bureau or agency shall, upon 29.34 demand, return to the arrested person finger and thumb prints, 29.35 photographs, distinctive physical mark identification data, 29.36 information on known aliases and street names, and other 30.1 identification data, and all copies and duplicates of them. 30.2 (c) Except as otherwise provided in paragraph (b), upon the 30.3 determination of all pending criminal actions or proceedings in 30.4 favor of the arrested person, and the granting of the petition 30.5 of the arrested person under chapter 609A, the bureau shall seal 30.6 finger and thumb prints, photographs, distinctive physical mark 30.7 identification data, information on known aliases and street 30.8 names, and other identification data, and all copies and 30.9 duplicates of them if the arrested person has not been convicted 30.10 of any felony or gross misdemeanor, either within or without the 30.11 state, within the period of ten years immediately preceding such 30.12 determination. 30.13 (d) DNA samples and DNA records of the arrested person 30.14 shall not be returned, sealed, or destroyed as to a charge 30.15 supported by probable cause. 30.16 (e) For purposes of this section,: 30.17 (1) "determination of all pending criminal actions or 30.18 proceedings in favor of the arrested person" does not include: 30.19(1)(i) the sealing of a criminal record pursuant to 30.20 section 152.18, subdivision 1, 242.31, or chapter 609A; 30.21(2)(ii) the arrested person's successful completion of a 30.22 diversion program; 30.23(3)(iii) an order of discharge under section 609.165; or 30.24(4)(iv) a pardon granted under section 638.02; and 30.25 (2) "targeted misdemeanor" has the meaning given in section 30.26 299C.10, subdivision 1. 30.27 Sec. 11. [299C.111] [SUSPENSE FILE REPORTING.] 30.28 (a) By June 1 and December 1 of each year, the 30.29 superintendent shall provide an entity or individual having 30.30 responsibility regarding identification data under section 30.31 299C.10 and the criminal and juvenile justice information policy 30.32 group with summary data on the number of disposition records 30.33 pertaining to the entity or individual that have not been linked 30.34 to an arrest record. 30.35 (b) The superintendent shall immediately notify the 30.36 appropriate entity or individual when a disposition record is 31.1 received that cannot be linked to an arrest record. 31.2 (c) By June 1 and December 1 of each year, the 31.3 superintendent shall provide the criminal and juvenile justice 31.4 information policy group with the number of identification 31.5 records not entered on the automated fingerprint identification 31.6 system and the criminal history files. 31.7 Sec. 12. Minnesota Statutes 2000, section 299C.147, 31.8 subdivision 2, is amended to read: 31.9 Subd. 2. [ESTABLISHMENT.] The bureau shall administer and 31.10 maintain a computerized data system for the purpose of assisting 31.11 criminal justice agencies in monitoring and enforcing the 31.12 conditions of conditional release imposed on criminal offenders 31.13 by a sentencing court or the commissioner of corrections. The 31.14 data in the system are private data as defined in section 13.02, 31.15 subdivision 12, but are accessible to criminal justice agencies 31.16 as defined in section 13.02, subdivision 3a, to public defenders 31.17 as provided in section 611.272, to the district court, and to 31.18 criminal justice agencies in other states in the conduct of 31.19 their official duties. 31.20 Sec. 13. [609.118] [FINGERPRINTING REQUIRED.] 31.21 (a) When a person is convicted of a felony, gross 31.22 misdemeanor, or targeted misdemeanor, as defined in section 31.23 299C.10, subdivision 1, or is adjudicated delinquent for a 31.24 felony or gross misdemeanor, the court shall order the offender 31.25 to immediately report to the law enforcement agency responsible 31.26 for the charge resulting in conviction or adjudication for the 31.27 collection of fingerprint and other identification data required 31.28 under section 299C.10, regardless of the sentence imposed or 31.29 executed. 31.30 (b) Paragraph (a) does not apply if the person is remanded 31.31 to the custody of a law enforcement agency or if the 31.32 identification data was collected prior to the conviction or 31.33 adjudication for the offense. 31.34 (c) A person who fails to obey a court order under 31.35 paragraph (a) is subject to probation revocation, contempt of 31.36 court, or any other appropriate remedy. 32.1 (d) This section does not limit or restrict any other 32.2 statutory requirements or more stringent local policies 32.3 regarding the collection of identification data. 32.4 Sec. 14. [AUTOMATED VICTIM NOTIFICATION SYSTEM PLAN AND 32.5 REPORT.] 32.6 The commissioner of public safety, in consultation with the 32.7 state court administrator and local law enforcement and 32.8 correctional agencies, shall develop an equitable ongoing 32.9 funding plan to cover the automated victim notification system's 32.10 operating costs. The plan must take into account the ability of 32.11 each entity to pay these costs. By January 15, 2003, the 32.12 commissioner shall report on the plan to the chairs of the 32.13 senate and house of representatives committees or divisions 32.14 having jurisdiction over criminal justice policy and funding. 32.15 Sec. 15. [PILOT PROJECT GRANT PROGRAM TO PROVIDE SERVICES 32.16 TO CRIME VICTIMS AND WITNESSES.] 32.17 Subdivision 1. [PROGRAM DESCRIBED.] The commissioner of 32.18 public safety, in consultation with the executive director of 32.19 the center for crime victim services, shall administer a pilot 32.20 project grant program and make grants to nonprofit organizations 32.21 to provide neighborhood-based services to victims and witnesses 32.22 of crime during the period between the occurrence of the crime 32.23 and the filing of charges against the alleged perpetrator. 32.24 Grant recipients must target victims and witnesses of crime from 32.25 groups that currently underreport crime, including recent 32.26 immigrants or refugees, communities of color, and victims of 32.27 bias-motivated crime. Services must be provided in locations 32.28 and at times typically convenient to prospective clients. The 32.29 types of services that may be offered by grant recipients are 32.30 those that attempt to address the lack of trust and 32.31 understanding that prospective clients have of the criminal 32.32 justice system and include legal advice and advocacy services. 32.33 The executive director shall ensure that grants under this 32.34 section fund pilot projects offering the described services in a 32.35 minimum of five locations, at least three of which must be ones 32.36 where these types of services are not currently offered. 33.1 Subd. 2. [REQUIRED REPORT.] By January 15, 2004, the 33.2 executive director shall report to the chairs and ranking 33.3 minority members of the senate and house of representatives 33.4 committees and divisions having jurisdiction over criminal 33.5 justice funding on the grants made and pilot projects funded 33.6 under this section. 33.7 ARTICLE 3 33.8 OTHER AGENCY APPROPRIATIONS 33.9 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 33.10 The sums shown in the columns marked "APPROPRIATIONS" are 33.11 appropriated from the general fund, or another named fund, to 33.12 the agencies and for the purposes specified in this article, to 33.13 be available for the fiscal years indicated for each purpose. 33.14 The figures "2002" and "2003," where used in this article, mean 33.15 that the appropriations listed under them are available for the 33.16 year ending June 30, 2002, or June 30, 2003, respectively. The 33.17 term "first year" means the fiscal year ending June 30, 2002, 33.18 and "second year" means the fiscal year ending June 30, 2003. 33.19 SUMMARY BY FUND 33.20 2002 2003 TOTAL 33.21 General $ 71,529,000 $ 68,085,000 $139,614,000 33.22 Petroleum Tank 33.23 Cleanup 1,064,000 1,084,000 2,146,000 33.24 Health Care Access 15,000,000 15,000,000 30,000,000 33.25 Workers' 33.26 Compensation 23,216,000 23,765,000 46,981,000 33.27 Workforce 33.28 Development Fund 793,000 808,000 1,601,000 33.29 TOTAL $111,602,000 $108,742,000 $220,344,000 33.30 APPROPRIATIONS 33.31 Available for the Year 33.32 Ending June 30 33.33 2002 2003 33.34 Sec. 2. COMMERCE 33.35 Subdivision 1. Total 33.36 Appropriation 41,897,000 42,557,000 33.37 Summary by Fund 33.38 General 25,234,000 25,858,000 33.39 Petroleum Tank 33.40 Cleanup 1,064,000 1,084,000 34.1 Workers' 34.2 Compensation 599,000 615,000 34.3 Health Care 34.4 Access 15,000,000 15,000,000 34.5 The amounts that may be spent from this 34.6 appropriation for each program are 34.7 specified in the following subdivisions. 34.8 Subd. 2. Financial Examinations 34.9 6,379,000 6,555,000 34.10 Subd. 3. Enforcement and Compliance 34.11 20,526,000 20,670,000 34.12 Summary by Fund 34.13 General 4,927,000 5,055,000 34.14 Workers' 34.15 Compensation 599,000 615,000 34.16 Health Care 34.17 Access 15,000,000 15,000,000 34.18 Subd. 4. Energy 34.19 3,809,000 3,884,000 34.20 $588,000 each year is for transfer to 34.21 the energy and conservation account 34.22 established in Minnesota Statutes, 34.23 section 216B.241, subdivision 2a, for 34.24 programs administered by the 34.25 commissioner of children, families, and 34.26 learning to improve the energy 34.27 efficiency of residential oil-fired 34.28 heating plants in low-income households 34.29 and, when necessary, to provide 34.30 weatherization services to the homes. 34.31 Subd. 5. Petroleum Tank Release 34.32 Cleanup 34.33 1,064,000 1,084,000 34.34 This appropriation is from the 34.35 petroleum tank release cleanup fund. 34.36 Subd. 6. Administrative Services 34.37 5,852,000 6,003,000 34.38 Subd. 7. Telecommunications 34.39 986,000 1,008,000 34.40 Subd. 8. Weights and Measures 34.41 3,281,000 3,353,000 34.42 Sec. 3. BOARD OF ACCOUNTANCY 683,000 721,000 34.43 Sec. 4. BOARD OF ARCHITECTURE, 34.44 ENGINEERING, LAND SURVEYING, 34.45 LANDSCAPE ARCHITECTURE, AND 34.46 INTERIOR DESIGN 951,000 981,000 35.2 Sec. 5. BOARD OF BARBER 35.3 EXAMINERS 153,000 159,000 35.4 Sec. 6. LABOR AND INDUSTRY 35.5 Subdivision 1. Total 35.6 Appropriation 25,408,000 26,001,000 35.7 Summary by Fund 35.8 General 3,567,000 3,661,000 35.9 Workers' 35.10 Compensation 21,048,000 21,532,000 35.11 Workforce 35.12 Development Fund 793,000 808,000 35.13 The amounts that may be spent from this 35.14 appropriation for each program are 35.15 specified in the following subdivisions. 35.16 Subd. 2. Workers' Compensation 35.17 10,912,000 11,178,000 35.18 This appropriation is from the workers' 35.19 compensation fund. 35.20 $125,000 the first year and $125,000 35.21 the second year are for grants to the 35.22 Vinland Center for rehabilitation 35.23 service. 35.24 Subd. 3. Workplace Services 35.25 7,468,000 7,643,000 35.26 Summary by Fund 35.27 General 2,493,000 2,555,000 35.28 Workers' 35.29 Compensation 4,182,000 4,280,000 35.30 Workforce 35.31 Development Fund 793,000 808,000 35.32 $204,000 the first year and $204,000 35.33 the second year are for labor education 35.34 and advancement program grants. The 35.35 commissioner must report to the 35.36 legislature by February 15, 2003, on 35.37 the success of the program in placing 35.38 and retaining participants. This 35.39 appropriation is from the workforce 35.40 development fund. 35.41 Subd. 4. General Support 35.42 7,028,000 7,180,000 35.43 Summary by Fund 35.44 General 1,074,000 1,106,000 35.45 Workers' 35.46 Compensation 5,954,000 6,074,000 36.1 Sec. 7. BUREAU OF MEDIATION SERVICES 36.2 Subdivision 1. Total 36.3 Appropriation 2,259,000 2,307,000 36.4 The amounts that may be spent from this 36.5 appropriation for each program are 36.6 specified in the following subdivisions. 36.7 Subd. 2. Mediation Services 36.8 1,807,000 1,851,000 36.9 Subd. 3. Labor Management Cooperation Grants 36.10 331,000 331,000 36.11 $331,000 each year is for grants to 36.12 area labor-management committees. Any 36.13 unencumbered balance remaining at the 36.14 end of the first year does not cancel 36.15 but is available for the second year. 36.16 Subd. 4. Office of Dispute Resolution 36.17 121,000 125,000 36.18 Sec. 8. PUBLIC UTILITIES 36.19 COMMISSION 3,994,000 4,163,000 36.20 Sec. 9. MINNESOTA HISTORICAL 36.21 SOCIETY 36.22 Subdivision 1. Total 36.23 Appropriation 27,229,000 27,959,000 36.24 The amounts that may be spent from this 36.25 appropriation for each program are 36.26 specified in the following subdivisions. 36.27 Subd. 2. Education and 36.28 Outreach 15,135,000 15,762,000 36.29 $200,000 the first year and $300,000 36.30 the second year are for operating 36.31 expenses at the Northwest Fur Company 36.32 Post. 36.33 $300,000 the first year and $500,000 36.34 the second year are for operating 36.35 expenses at the Mill City Museum, St. 36.36 Anthony Falls. 36.37 Subd. 3. Preservation and Access 36.38 11,568,000 11,819,000 36.39 Subd. 4. Fiscal Agent 36.40 General 526,000 378,000 36.41 (a) Sibley House Association 36.42 88,000 88,000 36.43 This appropriation is available for 36.44 operation and maintenance of the Sibley 36.45 House and related buildings on the Old 36.46 Mendota state historic site operated by 36.47 the Sibley House Association. 37.1 (b) Minnesota International Center 37.2 50,000 50,000 37.3 (c) Minnesota Air National 37.4 Guard Museum 37.5 19,000 -0- 37.6 (d) Institute for Learning and 37.7 Teaching - Project 120 37.8 110,000 110,000 37.9 (e) Minnesota Military Museum 37.10 59,000 30,000 37.11 (f) Farmamerica 37.12 100,000 100,000 37.13 Notwithstanding any other law, this 37.14 appropriation may be used for 37.15 operations. 37.16 (g) Little Elk Heritage Preserve 37.17 100,000 -0- 37.18 This appropriation is to assist the 37.19 Institute for Minnesota Archaeology in 37.20 site research and preservation, 37.21 economic and infrastructure 37.22 development, public outreach, and 37.23 education programming. The 37.24 appropriated funds may be matched by 37.25 nonstate sources. 37.26 (h) Balances Forward 37.27 Any unencumbered balance remaining in 37.28 this subdivision the first year does 37.29 not cancel but is available for the 37.30 second year of the biennium. 37.31 Sec. 10. COUNCIL ON BLACK 37.32 MINNESOTANS 339,000 349,000 37.33 $25,000 each year is for expenses 37.34 associated with the Dr. Martin Luther 37.35 King day activities. 37.36 Sec. 11. COUNCIL ON 37.37 CHICANO-LATINO AFFAIRS 334,000 344,000 37.38 Sec. 12. COUNCIL ON 37.39 ASIAN-PACIFIC MINNESOTANS 295,000 304,000 37.40 Sec. 13. INDIAN AFFAIRS 37.41 COUNCIL 584,000 602,000 37.42 Sec. 14. WORKERS' COMPENSATION 37.43 COURT OF APPEALS 1,569,000 1,618,000 37.44 This appropriation is from the workers' 37.45 compensation fund. 37.46 Sec. 15. AMATEUR SPORTS 37.47 COMMISSION 5,907,000 677,000 38.1 Of this appropriation, $2,750,000 the 38.2 first year is for matching grants for 38.3 soccer field development under 38.4 Minnesota Statutes, section 240A.13. 38.5 Of this appropriation, $2,500,000 the 38.6 first year is for matching grants for 38.7 ice arena development under Minnesota 38.8 Statutes, section 240A.13. 38.9 Sec. 16. Minnesota Statutes 2000, section 184.29, is 38.10 amended to read: 38.11 184.29 [FEES.] 38.12 Before a license is granted to an applicant, the applicant 38.13 shall pay the following fee: 38.14 (a) An employment agent shall pay an annual license fee of 38.15 $250 for each license. 38.16 (b)A search firm exempt under section 184.22, subdivision38.172, shall pay an annual registration fee of $250, accompanying38.18the annual statement to the commissioner.38.19(c)An applicant for a counselor's license shall pay a 38.20 license fee of $20 and a renewal fee of $10. 38.21(d)(c) An applicant for an employment agency manager's 38.22 license shall pay a license fee of $20 and a renewal fee of $10. 38.23 Sec. 17. Minnesota Statutes 2000, section 184.30, 38.24 subdivision 1, is amended to read: 38.25 Subdivision 1. Every application for an employment 38.26 agency's license, and every annual report required to be filed38.27under section 184.22, subdivision 2,must be accompanied by a 38.28 surety bond approved by the department in the amount of $10,000 38.29 for each location; except, that for a search firm, the bond is38.30required only for the first five years of registration. For a38.31search firm that was previously licensed as an employment38.32agency, the bond is required only until the firm has met the38.33bond requirement as an agency or as a search firm for a total of38.34at least five years. The bond must be filed in the office of 38.35 the secretary of state and conditioned that the employment 38.36 agency and each member, shareholder, director, or officer of a 38.37 firm, partnership, corporation, or association operating as an 38.38 employment agency will comply with the provisions of sections 38.39 184.21 to 184.40 and any contract made by the employment agent 39.1 in the conduct of the business. A person damaged by a breach of 39.2 any condition of the bond may bring an action on the bond, and 39.3 successive actions may be maintained on it. 39.4 Sec. 18. Minnesota Statutes 2000, section 184.38, 39.5 subdivision 6, is amended to read: 39.6 Subd. 6. (a) No employment agentor search firmshall send 39.7 out any applicant for employment without having obtained a job 39.8 order, and if no employment of the kind applied for existed at 39.9 the place to which the applicant was directed, the employment 39.10 agentor search firmshall refund to the applicant, within 48 39.11 hours of demand, any sums paid by the applicant for 39.12 transportation in going to and returning from the place. 39.13 (b) Nothing in this chapter shall be construed to prevent 39.14 an employment agentor search firmfrom directing an applicant 39.15 to an employer where the employer has previously requested 39.16 interviews with applicants of certain types and qualifications, 39.17 even though no actual vacancy existed in the employer's 39.18 organization at the time the applicant was so directed; nor 39.19 shall it prevent the employment agentor search firmfrom 39.20 attempting to sell the services of an applicant to the employer 39.21 even though no order has been placed with the employment agent 39.22or search firm; provided, that prior to scheduling an interview 39.23 with an employer, when no opening currently exists with that 39.24 employer, the applicant is clearly informed that no opening 39.25 exists at that time. 39.26 Sec. 19. Minnesota Statutes 2000, section 184.38, 39.27 subdivision 8, is amended to read: 39.28 Subd. 8. No employment agentor search firmshall 39.29 knowingly cause to be printed or published a false or fraudulent 39.30 notice or advertisement for help or for obtaining work or 39.31 employment. For purposes of this subdivision the phrase "false 39.32 or fraudulent notice or advertisement" shall include the 39.33 following: 39.34 (a) The advertisement of any job for which there is no bona 39.35 fide oral or written job order and completed job order form in 39.36 existence at the time the advertisement is placed; 40.1 (b) The inclusion in any advertisement of any information 40.2 concerning the identity, availability, features, or requirements 40.3 of any advertised job when such information is not substantiated 40.4 by, and included in, the supporting job order form; 40.5 (c) The advertisement of any job opening of the type 40.6 described in subdivision 6, clause (b); 40.7 (d) The advertisement of any job without the inclusion in 40.8 the advertisement of the "job order number" required in 40.9 subdivision 18; 40.10 (e) If an applicant appears at any agencyor search firmin 40.11 response to the advertisement of a particular job, the failure 40.12 to attempt placement of the applicant in the advertised job; 40.13 provided however, that the agencyor search firmmay refuse to 40.14 attempt such placement if the reason(s) for the refusal are 40.15 clearly and truthfully disclosed to the applicant either orally 40.16 or in writing. 40.17 Sec. 20. Minnesota Statutes 2000, section 184.38, 40.18 subdivision 9, is amended to read: 40.19 Subd. 9. No employment agentor search firmshall place or 40.20 assist in placing any person in unlawful employment. 40.21 Sec. 21. Minnesota Statutes 2000, section 184.38, 40.22 subdivision 10, is amended to read: 40.23 Subd. 10. No employment agentor search firmshall fail to 40.24 state in any advertisement, proposal, or contract for 40.25 employment, that there is a strike or lockout at the place of 40.26 proposed employment, if the agentor firmhas knowledge that 40.27 such condition exists. 40.28 Sec. 22. Minnesota Statutes 2000, section 184.38, 40.29 subdivision 11, is amended to read: 40.30 Subd. 11. No employment agency or its employee may split, 40.31 divide, or share, directly or indirectly, any fee, charge, or 40.32 compensation received from any employer or applicant with any 40.33 employer, or person in any way connected with the employer's 40.34 business.No search firm or its employee may split, divide, or40.35share, directly or indirectly, any fee, charge, or compensation40.36received from any employer with any person connected in any way41.1with the employer's business.A violation of this subdivision 41.2 shall be punished by a fine of not less than $100, and not more 41.3 than $3,000, or on failure to pay the fine by imprisonment for a 41.4 period not to exceed one year, or both, at the discretion of the 41.5 court. 41.6 Sec. 23. Minnesota Statutes 2000, section 184.38, 41.7 subdivision 17, is amended to read: 41.8 Subd. 17. Except for applicant information given in the 41.9 course of normal agencyor firmoperations, no employment agent 41.10or search firmshall voluntarily sell, give, or otherwise 41.11 transfer any files, records, or other information relating to 41.12 its employment agencyor search firmapplicants and employers to 41.13 any person other than a licensed employment agentor registered41.14search firmor a person who agrees to obtain an employment 41.15 agency licenseor register as a search firm. Every employment 41.16 agentor search firmwho ceases to engage in the business of or 41.17 act as an employment agentor search firmshall notify the 41.18 department of such fact within 30 days thereof, and shall advise 41.19 the department as to the disposition of all files and other 41.20 records relating to its employment agencyor search firm41.21 business. 41.22 Sec. 24. Minnesota Statutes 2000, section 184.38, 41.23 subdivision 18, is amended to read: 41.24 Subd. 18. Every job order communicated to an agencyor41.25search firmshall be recorded by the agencyor search firmon a 41.26 job order form which form shall contain specific information as 41.27 prescribed by the department. A job order form shall be filled 41.28 out for each job order prior to any attempt to advertise the job 41.29 opening or to place persons in said job. Such forms shall each 41.30 be assigned a separate number and shall be maintained by the 41.31 agencyor search firmfor a period of one year. 41.32 Sec. 25. Minnesota Statutes 2000, section 184.38, 41.33 subdivision 20, is amended to read: 41.34 Subd. 20. No employment agentor search firmshall 41.35 knowingly misrepresent to any employer the educational 41.36 background, skills, or qualifications of any job candidate; or 42.1 knowingly misrepresent to a job candidate the responsibilities, 42.2 salary, or other features of any position of employment. 42.3 Sec. 26. Minnesota Statutes 2000, section 184.41, is 42.4 amended to read: 42.5 184.41 [VIOLATIONS.] 42.6 Any person who engages in the business of or acts as an 42.7 employment agent or counselor without first procuring a license 42.8 as required by section 184.22, and any employment agent, 42.9 manager, or counselor who violates the provisions of this 42.10 chapter, and any exempt firm which violates any of the42.11applicable provisions of this chapter,is guilty of a 42.12 misdemeanor. 42.13 In addition to the penalties for commission of a 42.14 misdemeanor, the department may bring an action for an 42.15 injunction against any person who engages in the business of or 42.16 acts as an employment agent or counselor without first procuring 42.17 the license required under section 184.22,or who engages in the42.18business of or acts as a search firm without first filing the42.19registration required under section 184.22, subdivision 3,and 42.20 against any employment agent, manager, or counselor, or search42.21firmwho violates the applicable provisions of this chapter. If 42.22 an agency, manager, or counselor, or search firmis found guilty 42.23 of a misdemeanor in any action relevant to the operation of an 42.24 agency,or search firmthe department may suspend or revoke the 42.25 licenseor registrationof the agency, manager, or counselor, or42.26search firm. 42.27 Sec. 27. Minnesota Statutes 2000, section 216C.41, is 42.28 amended to read: 42.29 216C.41 [RENEWABLE ENERGY PRODUCTION INCENTIVE.] 42.30 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 42.31 subdivision apply to this section. 42.32 (b) "Qualified hydroelectric facility" means a 42.33 hydroelectric generating facility in this state that: 42.34 (1) is located at the site of a dam, if the dam was in 42.35 existence as of March 31, 1994; and 42.36 (2) begins generating electricity after July 1, 1994. 43.1 (c) "Qualified wind energy conversion facility" means a 43.2 wind energy conversion system that: 43.3 (1) produces two megawatts or less of electricity as 43.4 measured by nameplate rating and begins generating electricity 43.5 after June 30, 1997, and before July 1, 1999; 43.6 (2) begins generating electricity after June 30, 1999, 43.7 produces two megawatts or less of electricity as measured by 43.8 nameplate rating, and is: 43.9 (i) located within one county and owned by a natural person 43.10 who owns the land where the facility is sited; 43.11 (ii) owned by a Minnesota small business as defined in 43.12 section 645.445; 43.13 (iii) owned by a nonprofit organization; or 43.14 (iv) owned by a tribal council if the facility is located 43.15 within the boundaries of the reservation; or 43.16 (3) begins generating electricity after June 30, 1999, 43.17 produces seven megawatts or less of electricity as measured by 43.18 nameplate rating, and: 43.19 (i) is owned by a cooperative organized under chapter 308A; 43.20 and 43.21 (ii) all shares and membership in the cooperative are held 43.22 by natural persons or estates, at least 51 percent of whom 43.23 reside in a county or contiguous to a county where the wind 43.24 energy production facilities of the cooperative are located. 43.25 (d) "Qualified on-farm biogas recovery facility" means an 43.26 anaerobic digester system that: 43.27 (1) is located at the site of an agricultural operation; 43.28 (2) is owned by a natural person who, or an entity that, is 43.29 qualified to own or operate a farm under section 500.24, that 43.30 owns or rents the land where the facility is located; and 43.31 (3) begins generating electricity after July 1, 2001. 43.32 (e) "Anaerobic digester system" means a system of 43.33 components that processes animal waste based on the absence of 43.34 oxygen and produces gas used to generate electricity. 43.35 Subd. 2. [INCENTIVE PAYMENT; APPROPRIATION.] (a) Incentive 43.36 paymentsshallmust be made according to this section to (1) the 44.1 owner of a qualified on-farm biogas recovery facility, (2) the 44.2 owner or operator of a qualified hydropower facility or 44.3 qualified wind energy conversion facility for electric energy 44.4 generated and sold by the facility, or, for(3) a publicly owned 44.5 hydropower facility,for electric energy that is generated by 44.6 the facility and used by the owner of the facility outside the 44.7 facility. 44.8 (b) Payment may only be made upon receipt by the 44.9 commissioner of finance of an incentive payment application that 44.10 establishes that the applicant is eligible to receive an 44.11 incentive payment and that satisfies other requirements the 44.12 commissioner deems necessary. The applicationshallmust be in 44.13 a form and submitted at a time the commissioner establishes. 44.14 (c) There is annually appropriated from the general fund 44.15 sums sufficient to make the payments required under this section. 44.16 Subd. 3. [ELIGIBILITY WINDOW.] Payments may be made under 44.17 this section only for electricity generated: 44.18 (1) from a qualified hydroelectric facility that is 44.19 operational and generating electricity before December 31, 2001; 44.20or44.21 (2) from a qualified wind energy conversion facility that 44.22 is operational and generating electricity before January 1, 44.23 2005; or 44.24 (3) from a qualified on-farm biogas recovery facility from 44.25 July 1, 2001, through December 31, 2015. 44.26 Subd. 4. [PAYMENT PERIOD.] A facility may receive payments 44.27 under this section for a ten-year period. No payment under this 44.28 section may be made for electricity generated: 44.29 (1) by a qualified hydroelectric facility after December 44.30 31, 2010;or44.31 (2) by a qualified wind energy conversion facility after 44.32 December 31, 2015; or 44.33 (3) by a qualified on-farm biogas recovery facility after 44.34 December 31, 2015. 44.35 The payment period begins and runs consecutively from the 44.36 first year in which electricity generated from the facility is 45.1 eligible for incentive payment. 45.2 Subd. 5. [AMOUNT OF PAYMENT.] An incentive payment is 45.3 based on the number of kilowatt hours of electricity generated. 45.4 The amount of the payment is 1.5 cents per kilowatt hour. For 45.5 electricity generated by qualified wind energy conversion 45.6 facilities, the incentive payment under this section is limited 45.7 to no more than 100 megawatts of nameplate capacity. During any 45.8 period in which qualifying claims for incentive payments exceed 45.9 100 megawatts of nameplate capacity, the payments must be made 45.10 to producers in the order in which the production capacity was 45.11 brought into production. 45.12 Sec. 28. [240A.13] [MIGHTY DUCKS ICE ARENA AND SOCCER 45.13 FIELD DEVELOPMENT.] 45.14 Subdivision 1. [GRANTS.] The commission may make matching 45.15 grants to political subdivisions of the state to develop new ice 45.16 arenas and soccer fields for amateur athletics. In awarding 45.17 grants, the commission shall give priority to proposals from 45.18 multiple applicants. To the extent possible, over time, the 45.19 commission shall disburse grants equally among the state's 45.20 congressional districts. 45.21 Subd. 2. [MATCHING CRITERIA.] Each grant for ice arena or 45.22 soccer field development under this section must be matched by 45.23 recipient communities or institutions in accordance with this 45.24 subdivision. A matching contribution may include an in-kind 45.25 contribution of land; access roadways and access roadway 45.26 improvements; and necessary utility services, landscaping, and 45.27 parking. The first $20,000 of a grant must be matched equally 45.28 by the recipient. The portion of a grant that is more than 45.29 $20,000 but not more than $75,000 must be matched by the 45.30 recipient at a rate double the amount of that portion of the 45.31 grant. The portion of a grant that is more than $75,000 must be 45.32 matched by the recipient at a rate of three times the amount of 45.33 that portion of the grant. 45.34 Sec. 29. [EQUAL PAY COMMISSION.] 45.35 (a) Within 90 days after the effective date of this 45.36 section, the commissioner of labor and industry shall appoint a 46.1 commission of 11 members, to be known as the "equal pay 46.2 commission." Membership on the commission shall be as follows: 46.3 (1) two representatives of business in the state, who are 46.4 appointed from among individuals nominated by business 46.5 organizations and business trade associations; 46.6 (2) two representatives of labor organizations, who have 46.7 been nominated by state labor federations. For purposes of this 46.8 clause, a state labor federation is an organization that: (i) 46.9 is chartered by a federation of national or international 46.10 unions; (ii) admits to membership local unions; and (iii) exists 46.11 primarily to carry on educational, legislative, and coordinating 46.12 activities; 46.13 (3) two representatives of organizations whose objectives 46.14 include the elimination of pay disparities between men and women 46.15 or minorities and nonminorities, and who have undertaken 46.16 advocacy, educational, or legislative initiatives in pursuit of 46.17 that objective; 46.18 (4) three individuals drawn from higher education or 46.19 research institutions who have experience and expertise in the 46.20 collection and analysis of data concerning such pay disparities 46.21 and whose research has already been used in efforts to promote 46.22 the elimination of those disparities; and 46.23 (5) two members who are members of a racial or ethnic 46.24 minority, one of whom shall be an immigrant to this country who 46.25 immigrated to this country within three years prior to the 46.26 appointment. 46.27 (b) The commission shall make a full and complete study of: 46.28 (1) the extent of wage disparities, both in the public and 46.29 private sector, between men and women, and between minorities 46.30 and nonminorities; 46.31 (2) those factors that cause, or tend to cause, such 46.32 disparities, including segregation between women and men, and 46.33 between minorities and nonminorities across and within 46.34 occupations; payment of lower wages for work in female-dominated 46.35 occupations; child-rearing responsibilities; and education and 46.36 training; 47.1 (3) the consequences of such disparities on the economy and 47.2 families affected; and 47.3 (4) actions, including proposed legislation, that are 47.4 likely to lead to the elimination and prevention of such 47.5 disparities. 47.6 (c) The commission shall, no later than 12 months after its 47.7 members are appointed, make its report to the commissioner of 47.8 labor and industry, who shall transmit the report to the 47.9 governor. 47.10 (d) The commission's report shall include the results of 47.11 its study as well as recommendations, legislative and otherwise, 47.12 for the elimination and prevention of disparities in wages 47.13 between men and women, and between minorities and nonminorities. 47.14 (e) Compensation and removal of members shall be governed 47.15 by Minnesota Statutes, section 15.059. 47.16 Sec. 30. [REPEALER.] 47.17 Minnesota Statutes 2000, sections 184.22, subdivisions 2, 47.18 3, 4, and 5; and 184.37, subdivision 2, are repealed. 47.19 ARTICLE 4 47.20 TRANSPORTATION POLICY 47.21 Section 1. [CONSTITUTIONAL AMENDMENT PROPOSED.] 47.22 An amendment is proposed to the Minnesota Constitution, 47.23 article XIV. If the amendment is adopted, article XIV will be 47.24 amended by adding a section to read: 47.25 Sec. 12. Of the net proceeds from any tax imposed by the 47.26 state on the sale of new and used motor vehicles, not less than 47.27 32 percent must be deposited in the highway user tax 47.28 distribution fund exclusively for highway purposes, and not less 47.29 than 18 percent must be deposited in a fund for operating 47.30 assistance to public transit systems in the state. 47.31 Sec. 2. [SUBMISSION TO VOTERS.] 47.32 The constitutional amendment proposed in section 1 must be 47.33 submitted to the people at the 2002 general election. The 47.34 question submitted must be: 47.35 "Shall the Minnesota Constitution be amended to require 47.36 that at least 32 percent of the net proceeds from the state 48.1 sales tax on new and used motor vehicles must be deposited in 48.2 the highway user tax distribution fund exclusively for highway 48.3 purposes, and at least 18 percent be deposited in a fund for 48.4 operating assistance to public transit systems in the state? 48.5 Yes ....... 48.6 No ........" 48.7 Sec. 3. Minnesota Statutes 2000, section 16A.641, 48.8 subdivision 8, is amended to read: 48.9 Subd. 8. [APPROPRIATION OF PROCEEDS.] (a) The proceeds of 48.10 bonds issued under each law are appropriated for the purposes 48.11 described in the law and in this subdivision. This 48.12 appropriation may never be canceled. 48.13 (b) Before the proceeds are received in the proper special 48.14 fund, the commissioner may transfer to that fund from the 48.15 general fund amounts not exceeding the expected proceeds from 48.16 the next bond sale. The commissioner shall return these amounts 48.17 to the general fund by transferring proceeds when received. The 48.18 amounts of these transfers are appropriated from the general 48.19 fund and from the bond proceeds. 48.20 (c) Actual and necessary travel and subsistence expenses of 48.21 employees and all other nonsalary expenses incidental to the 48.22 sale, printing, execution, and delivery of bonds must be paid 48.23 from the proceeds. The proceeds are appropriated for this 48.24 purpose. Bond proceeds must not be used to pay any part of the 48.25 salary of a state employee involved in the sale, printing, 48.26 execution, or delivery of the bonds. 48.27 (d) Bond proceeds remaining in a special fund after the 48.28 purposes for which the bonds were issued are accomplished or 48.29 abandoned, as certified by the head of the agency administering 48.30 the special fund, or as determined by the commissioner, unless 48.31 devoted under the appropriation act to another purpose 48.32 designated in the act, shall be transferred to the state bond 48.33 fund. 48.34 (e) Before the proceeds of state highway bonds are received 48.35 in the trunk highway fund, the commissioner may either: 48.36 (1) transfer funds to the trunk highway fund from the 49.1 general fund; or 49.2 (2) authorize the use of funds in the trunk highway fund, 49.3 in an amount not exceeding the expected proceeds from the next 49.4 state highway bond sale. 49.5 These funds shall be used in accordance with the legislative 49.6 authorization to sell state highway bonds. The commissioner 49.7 shall return these funds to the general fund or replace the 49.8 funds used from the trunk highway fund by transferring proceeds 49.9 when received. The amounts of these transfers are appropriated 49.10 from the general fund and from the state highway bond proceeds. 49.11 Sec. 4. Minnesota Statutes 2000, section 16C.05, 49.12 subdivision 2, is amended to read: 49.13 Subd. 2. [CREATION AND VALIDITY OF CONTRACTS.] (a) A 49.14 contract is not valid and the state is not bound by it unless: 49.15 (1) it has first been executed by the head of the agency or 49.16 a delegate who is a party to the contract; 49.17 (2) it has been approved by the commissioner; 49.18 (3) it has been approved by the attorney general or a 49.19 delegate as to form and execution; 49.20 (4) the accounting system shows an obligation in an expense 49.21 budget or encumbrance for the amount of the contract liability; 49.22 and 49.23 (5) the combined contract and amendments shall not exceed 49.24 five years without specific, written approval by the 49.25 commissioner according to established policy, procedures, and 49.26 standards, or unless otherwise provided for by law. The term of 49.27 the original contract must not exceed two years unless the 49.28 commissioner determines that a longer duration is in the best 49.29 interest of the state. 49.30 (b) Grants, interagency agreements, purchase orders, and 49.31 annual plans need not, in the discretion of the commissioner and 49.32 attorney general, require the signature of the commissioner 49.33 and/or the attorney general. A signature is not required for 49.34 work orders and amendments to work orders related to department 49.35 of transportation contracts. Bond purchase agreements by the 49.36 Minnesota public facilities authority do not require the 50.1 approval of the commissioner. 50.2 (c) A fully executed copy of every contract must be kept on 50.3 file at the contracting agency. 50.4 Sec. 5. Minnesota Statutes 2000, section 16C.06, 50.5 subdivision 1, is amended to read: 50.6 Subdivision 1. [PUBLICATION REQUIREMENTS.] Notices of 50.7 solicitations for acquisitions estimated to be more than 50.8 $25,000, or $100,000 in the case of a department of 50.9 transportation acquisition, must be publicized in a manner 50.10 designated by the commissioner. 50.11 Sec. 6. Minnesota Statutes 2000, section 16C.06, 50.12 subdivision 2, is amended to read: 50.13 Subd. 2. [SOLICITATION PROCESS.] (a) A formal solicitation 50.14 must be used to acquire all goods, service contracts, and 50.15 utilities estimated at or more than $25,000, or in the case of a 50.16 department of transportation solicitation, at or more than 50.17 $100,000, unless otherwise provided for. All formal responses 50.18 must be sealed when they are received and must be opened in 50.19 public at the hour stated in the solicitation. Formal responses 50.20 must be authenticated by the responder in a manner specified by 50.21 the commissioner. 50.22 (b) An informal solicitation may be used to acquire all 50.23 goods, service contracts, and utilities that are estimated at 50.24 less than $25,000, or in the case of a department of 50.25 transportation solicitation, at or less than $100,000. The 50.26 number of vendors required to receive solicitations may be 50.27 determined by the commissioner. Informal responses must be 50.28 authenticated by the responder in a manner specified by the 50.29 commissioner. 50.30 Sec. 7. Minnesota Statutes 2000, section 16C.08, 50.31 subdivision 2, is amended to read: 50.32 Subd. 2. [DUTIES OF CONTRACTING AGENCY.] Before an agency 50.33 may seek approval of a professional or technical services 50.34 contract valued in excess of $5,000, or $50,000 in the case of a 50.35 department of transportation professional or technical services 50.36 contract, it must certify to the commissioner that: 51.1 (1) no current state employee is able and available to 51.2 perform the services called for by the contract; 51.3 (2) the normal competitive bidding mechanisms will not 51.4 provide for adequate performance of the services; 51.5 (3) the contractor has certified that the product of the 51.6 services will be original in character; 51.7 (4) reasonable efforts were made to publicize the 51.8 availability of the contract to the public; 51.9 (5) the agency has received, reviewed, and accepted a 51.10 detailed work plan from the contractor for performance under the 51.11 contract, if applicable; 51.12 (6) the agency has developed, and fully intends to 51.13 implement, a written plan providing for the assignment of 51.14 specific agency personnel to a monitoring and liaison function, 51.15 the periodic review of interim reports or other indications of 51.16 past performance, and the ultimate utilization of the final 51.17 product of the services; and 51.18 (7) the agency will not allow the contractor to begin work 51.19 before funds are fully encumbered. 51.20 Sec. 8. Minnesota Statutes 2000, section 138.664, is 51.21 amended by adding a subdivision to read: 51.22 Subd. 116. Little Elk Heritage Preserve, Morrison county. 51.23 Sec. 9. Minnesota Statutes 2000, section 161.082, 51.24 subdivision 2a, is amended to read: 51.25 Subd. 2a. [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 51.26 (a) Money in the town bridge account must be expended on town 51.27 road bridge structures that are ten feet or more in length and 51.28 on town road culverts that replace existing town road bridges. 51.29 In addition, if the present bridge structure is less than ten 51.30 feet in length but a hydrological survey indicates that the 51.31 replacement bridge structure or culvert must be ten feet or more 51.32 in length, then the bridge or culvert is eligible for 51.33 replacement funds. 51.34 (b) In addition, if a culvert that replaces a deficient 51.35 bridge is in a county comprehensive water plan approved by the 51.36 board of water and soil resources and the department of natural 52.1 resources, the costs of the culvert and roadway grading other 52.2 than surfacing are eligible for replacement funds up to the cost 52.3 of constructing a replacement bridge. 52.4 (c) The expenditures on a bridge structure or culvert may 52.5 be paid from the county turnback account and may be for 100 52.6 percent of the cost of the replacement structure or culvert or 52.7 for 100 percent of the cost of rehabilitating the existing 52.8 structure. 52.9 (d) The town bridge account may be used to pay the costs to 52.10 abandon an existing bridge that is deficient and in need of 52.11 replacement, but where no replacement will be made. It may also 52.12 be used to pay the costs to construct a road or street to 52.13 facilitate the abandonment of an existing bridge determined by 52.14 the commissioner to be deficient, if the commissioner determines 52.15 that construction of the road or street is more cost efficient 52.16 than replacing the existing bridge. 52.17 (e) When bridge approach construction work exceeds $10,000 52.18 in costs, or when the county engineer determines that the cost 52.19 of the replacement culverts alone will not exceed $20,000, or 52.20 engineering costs exceed $10,000, the town shall be eligible for 52.21 financial assistance from the town bridge account. Financial 52.22 assistance shall be requested by resolution of the county board 52.23 and shall be limited to: 52.24 (1) 100 percent of the cost of the bridge approach work 52.25 that is in excess of $10,000;or52.26 (2) 100 percent of the cost of the replacement culverts 52.27 when the cost does not exceed $20,000 and the town board agrees 52.28 to be responsible for all the other costs, which may include 52.29 costs for structural removal, installation, and permitting. The 52.30 replacement structure design and costs shall be approved and 52.31 certified by the county engineer, but need not be subsequently 52.32 approved by the department of transportation; or 52.33 (3) 100 percent of all related engineering costs that 52.34 exceed $10,000, or in the case of towns with a net tax capacity 52.35 of less than $200,000, 100 percent of the engineering costs. 52.36 (f) Money in the town road account must be distributed as 53.1 provided in section 162.081. 53.2 Sec. 10. Minnesota Statutes 2000, section 161.14, is 53.3 amended by adding a subdivision to read: 53.4 Subd. 48. [KING OF TRAILS.] (a) The following described 53.5 route, signed as trunk highway No. 75 on the effective date of 53.6 this subdivision, is designated the "King of Trails": 53.7 Constitutional Route No. 6 from its intersection with the 53.8 Minnesota-Canada border southerly to its intersection with 53.9 Legislative Route No. 175 at or near the city of Crookston, then 53.10 Legislative Route No. 175 southwesterly and southerly to its 53.11 intersection with Constitutional Route No. 6 between the cities 53.12 of Halstad and Hendrum, then Constitutional Route No. 6 53.13 southerly to its intersection with the Minnesota-Iowa border. 53.14 (b) After complying with section 161.139, the commissioner 53.15 shall adopt a suitable marking design to mark the highway and 53.16 erect appropriate signs. 53.17 Sec. 11. Minnesota Statutes 2000, section 161.23, 53.18 subdivision 3, is amended to read: 53.19 Subd. 3. [LEASING.] The commissioner may lease for the 53.20 term between the acquisition and sale thereof and for a fair 53.21 rental rate and upon such terms and conditions as the 53.22 commissioner deems proper, any excess real estate acquired under 53.23 the provisions of this section, and any real estate acquired in 53.24 fee for trunk highway purposes and not presently needed 53.25 therefor. All rents received from the leases shall be paid into 53.26 the state treasury. Seventy percent of the rents shall be 53.27 credited to the trunk highway fund. The remaining 30 percent 53.28 shall be paid to the county treasurer where the real estate is 53.29 located, and shall be distributed in the same manner as real 53.30 estate taxes. This subdivision does not apply to real estate 53.31 leased for the purpose of providing commercial and public 53.32 service advertising pursuant to franchise agreements as provided 53.33 in sections 160.276 to 160.278 or to fees collected under 53.34 section 174.70, subdivision 2. 53.35 [EFFECTIVE DATE.] This section is effective the day 53.36 following final enactment. 54.1 Sec. 12. Minnesota Statutes 2000, section 161.32, 54.2 subdivision 1, is amended to read: 54.3 Subdivision 1. [ADVERTISEMENT FOR BIDS.] The commissioner 54.4 may conduct the work or any partthereofof the work incidental 54.5 to the construction and maintenance of the trunk highways by 54.6 labor employedthereforto do the work or by contract. In cases 54.7 of construction work, the commissioner shall first advertise for 54.8 bids for contracts, and if no satisfactory bids are received, 54.9 may either reject all bids and readvertise, or do the work by 54.10 labor employedthereforto do the work. Except ashereinafter54.11 provided in subdivision 3 or 4, when work is to be done under 54.12 contract, the commissioner shall advertise for bids once each 54.13 week for three successive weeks prior to the datesuchthe bids 54.14 are to be received. The advertisement for bidsshallmust be 54.15 published in a newspaper or other periodical of general 54.16 circulation in the state and may be placed on the Internet. The 54.17 plans and specifications for the proposed workshallmust be on 54.18 file in the commissioner's office prior to the first call for 54.19 bids. 54.20 Sec. 13. Minnesota Statutes 2000, section 161.32, 54.21 subdivision 1b, is amended to read: 54.22 Subd. 1b. [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 54.23 bids electronically in a form and manner required by the 54.24 commissioner. Trunk highway construction contracts, including 54.25 design-build contracts, must be awarded to the lowest 54.26 responsible bidder, taking into consideration conformity with 54.27 the specifications, the purpose for which the contract or 54.28 purchase is intended, the status and capability of the vendor, 54.29 and other considerations imposed in the call for bids. The 54.30 commissioner may decide which is the lowest responsible bidder 54.31 for all contracts and may use the principles of life-cycle 54.32 costing,wherewhen appropriate, in determining the lowest 54.33 overall bid. Any or all bids may be rejected.In a case54.34whereWhen competitive bids are required andwhereall bids are 54.35 rejected, new bids, if solicited, must be called for as in the 54.36 first instance, unless otherwise provided by law. 55.1 Sec. 14. Minnesota Statutes 2000, section 161.32, 55.2 subdivision 1e, is amended to read: 55.3 Subd. 1e. [RECORD.] A record must be kept of all bids, 55.4 including names of bidders, amounts of bids, and each successful 55.5 bid. After the contract is awarded, this record is open to 55.6 public inspection and may be posted on the Internet. 55.7 Sec. 15. [161.3205] [PROFESSIONAL AND TECHNICAL SERVICES 55.8 CONTRACTS.] 55.9 Subdivision 1. [SCOPE; AUTHORITY GENERALLY.] (a) 55.10 Notwithstanding other law to the contrary, this section applies 55.11 to professional and technical services contracts entered into by 55.12 the commissioner of transportation. 55.13 (b) The commissioner has the authority and duty to: 55.14 (1) approve state transportation project plans and 55.15 specifications; 55.16 (2) award transportation construction and maintenance 55.17 contracts; 55.18 (3) approve, select, and award professional and technical 55.19 consultant contracts for state transportation projects; and 55.20 (4) approve utility and municipal agreements affecting 55.21 state transportation projects. 55.22 Subd. 2. [DEFINITION OF PROFESSIONAL OR TECHNICAL 55.23 SERVICES.] For purposes of this section, "professional or 55.24 technical services" means services that are intellectual in 55.25 character, including consultative, analytical, evaluative, 55.26 predictive, planning, programming, or recommendatory, and that 55.27 result in the production of a report or the completion of a 55.28 task. Professional or technical contracts do not include the 55.29 provision of supplies or materials, except (1) by the approval 55.30 of the commissioner, (2) as incidental to providing supplies or 55.31 materials, or (3) as incidental to providing professional or 55.32 technical services. 55.33 Subd. 3. [DUTIES OF COMMISSIONER.] Before entering into a 55.34 professional or technical services contract with a value 55.35 exceeding $150,000, the commissioner shall certify that: 55.36 (1) no current state employee is able and available to 56.1 perform the services called for by the contract; 56.2 (2) the normal competitive bidding mechanisms do not 56.3 provide for adequate performance of the services; 56.4 (3) the contractor has certified that the product of the 56.5 services will be original in character; 56.6 (4) reasonable efforts were made to publicize the 56.7 availability of the contract to the public; 56.8 (5) the agency has received, reviewed, and accepted a 56.9 detailed work plan from the contractor for performance under the 56.10 contract, if applicable; and 56.11 (6) the commissioner has developed and will implement a 56.12 written plan providing for the assignment of specific agency 56.13 personnel to a monitoring and liaison function, the periodic 56.14 review of interim reports or other indications of past 56.15 performance, and the ultimate utilization of the final product 56.16 of the services. 56.17 Subd. 4. [CONTRACT PROCEDURES.] Before approving a 56.18 proposed contract for professional or technical services, the 56.19 commissioner shall determine, at least, that: 56.20 (1) the work to be performed under the contract is 56.21 necessary to the agency's achievement of its statutory 56.22 responsibilities and there is statutory authority to enter into 56.23 the contract; 56.24 (2) the contract does not establish an employment 56.25 relationship between the state or the agency and any persons 56.26 performing under the contract; 56.27 (3) the contractor and agents are not employees of the 56.28 state; 56.29 (4) no agency has previously performed or contracted for 56.30 the performance of tasks that would be substantially duplicated 56.31 under the proposed contract; 56.32 (5) the commissioner has specified a satisfactory method of 56.33 evaluating and using the results of the work to be performed; 56.34 and 56.35 (6) the combined contract and amendments will not exceed 56.36 five years, unless otherwise provided for by law. The term of 57.1 the original contract must not exceed two years, unless the 57.2 commissioner determines that a longer duration is in the best 57.3 interest of the state. 57.4 Subd. 5. [CONTRACT TERMINATION AND PAYMENT TERMS.] (a) A 57.5 professional or technical services contract must by its terms 57.6 permit the commissioner to unilaterally terminate the contract 57.7 prior to completion, upon payment of just compensation, if the 57.8 commissioner determines that further performance under the 57.9 contract would not serve agency purposes. 57.10 (b) The commissioner shall approve and make final payment 57.11 on all professional and technical services contracts within 30 57.12 days of submittal. Overdue payments are subject to the 57.13 applicable prompt payment provisions of section 16A.124. 57.14 Subd. 6. [REPORTS.] (a) The commissioner shall submit to 57.15 the governor, the chair of the ways and means committee of the 57.16 house of representatives, the chair of the senate state 57.17 government finance committee, and the legislative reference 57.18 library a yearly listing of all contracts for professional or 57.19 technical services executed. The report must identify the 57.20 contractor, contract amount, duration, and services to be 57.21 provided. The commissioner shall also issue yearly reports 57.22 summarizing the contract review activities of the department by 57.23 fiscal year. 57.24 (b) The fiscal year report must be submitted by September 1 57.25 of each year and must: 57.26 (1) be sorted by contractor; 57.27 (2) show the aggregate value of contracts issued to each 57.28 contractor; 57.29 (3) distinguish between contracts that are being issued for 57.30 the first time and contracts that are being extended; 57.31 (4) state the termination date of each contact; and 57.32 (5) identify services by commodity code, including topics 57.33 such as contracts for training and contracts for research. 57.34 (c) Within 30 days of final completion of a contract over 57.35 $150,000 covered by this subdivision, the commissioner must 57.36 submit a one-page report to the legislative reference library. 58.1 The report must: 58.2 (1) summarize the purpose of the contract, including why it 58.3 was necessary to enter into a contract; 58.4 (2) state the amount spent on the contract; and 58.5 (3) explain why this amount was a cost-effective way to 58.6 enable the agency to provide its services or products better or 58.7 more efficiently. 58.8 Sec. 16. [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 58.9 CORRIDOR DEVELOPMENT.] 58.10 Subdivision 1. [CORRIDOR DEVELOPMENT.] By agreement with 58.11 the commissioner, a road authority other than the commissioner 58.12 or two or more road authorities that have entered into a joint 58.13 powers agreement under section 471.59 may make advances from any 58.14 available funds to the commissioner to expedite development of 58.15 an interregional transportation corridor, including funds for 58.16 design consultants, for right-of-way purchases, for 58.17 construction, or for other related expenditures. 58.18 Subd. 2. [REPAYMENT.] Subject to the availability of state 58.19 money, the commissioner shall repay the amount advanced under 58.20 this section, up to the state's share of costs, under terms of 58.21 the agreement. The agreement may provide for payment of 58.22 interest on the amount of advanced funds. The maximum interest 58.23 rate that may be paid is the rate earned by the state on 58.24 invested treasurer's cash for the month before the date the 58.25 agreement is executed or the actual interest paid by the road 58.26 authority in borrowing for the amount advanced, whichever rate 58.27 is less. The total amount of annual repayment to road 58.28 authorities under this section and section 161.361 must never 58.29 exceed the amount stated in the department's debt management 58.30 policy or $10,000,000, whichever is less. 58.31 [EFFECTIVE DATE.] This section is effective the day 58.32 following final enactment. 58.33 Sec. 17. [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND 58.34 PROCEEDS.] 58.35 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 58.36 subdivision apply to this section. 59.1 (b) "State trunk highway bond-financed property" means 59.2 property acquired, improved, or maintained in whole or in part 59.3 with the proceeds of state trunk highway bonds authorized to be 59.4 issued under the Minnesota Constitution, article XIV, section 11. 59.5 (c) "Outstanding state trunk highway bonds" means the 59.6 dollar amount of state trunk highway bonds, including any 59.7 refunding state trunk highway bonds, issued with respect to 59.8 state trunk highway bond-financed property, less the principal 59.9 amount of state trunk highway bonds paid or defeased. 59.10 Subd. 2. [LEASES.] State trunk highway bond-financed 59.11 property may only be leased for those purposes authorized by law 59.12 and must be leased in accordance with the requirements of all 59.13 other laws and duly adopted rules applicable thereto, orders, if 59.14 any, of the commissioner of finance intended to ensure the 59.15 legality and tax-exempt status of outstanding state trunk 59.16 highway bonds and with the approval of the commissioner of 59.17 finance. A lease of state trunk highway bond-financed property, 59.18 including any renewals that are solely at the option of the 59.19 lessee, must be for a term substantially less than the useful 59.20 life of the state trunk highway bond-financed property, but may 59.21 allow renewal beyond that term upon a determination by the 59.22 commissioner of transportation that the use continues to be 59.23 authorized by law and that the additional term is authorized by 59.24 law. A lease of state trunk highway bond-financed property must 59.25 be terminable by the commissioner of transportation if the other 59.26 contracting party defaults under the contract and must provide 59.27 for oversight by the commissioner of transportation. 59.28 Notwithstanding the provisions of any other law, money received 59.29 by the state under a lease of state trunk highway bond-financed 59.30 property must be paid to the commissioner of transportation, 59.31 deposited in the state trunk highway fund, and used to pay or 59.32 redeem or defease any outstanding state trunk highway bonds in 59.33 accordance with the commissioner of finance's order authorizing 59.34 their issuance. The money paid to the commissioner of 59.35 transportation is appropriated for this purpose. Money in 59.36 excess of the foregoing requirement must be applied as otherwise 60.1 required by law. 60.2 Subd. 3. [SALES.] State trunk highway bond-financed 60.3 property must not be sold unless the sale is for a purpose 60.4 authorized by law, the sale is conducted in accordance with 60.5 applicable law and duly adopted rules, the sale is made in 60.6 accordance with orders, if any, of the commissioner of finance 60.7 intended to ensure the legality and tax-exempt status of 60.8 outstanding state trunk highway bonds, and the sale is approved 60.9 by the commissioner of finance. Notwithstanding the provisions 60.10 of any other law, the net proceeds of a sale of any state trunk 60.11 highway bond-financed property must be paid to the commissioner 60.12 of transportation, deposited in the state trunk highway fund, 60.13 and used to pay or redeem or defease any outstanding trunk 60.14 highway bonds in accordance with the commissioner of finance's 60.15 order authorizing their issuance. The net proceeds of sale paid 60.16 to the commissioner of transportation are appropriated for these 60.17 purposes. Any net proceeds of sale in excess of the foregoing 60.18 requirement must be applied as otherwise required by law. When 60.19 all of the new proceeds of sale have been applied as provided in 60.20 this subdivision, the sold property is no longer considered 60.21 state trunk highway bond-financed property. 60.22 Subd. 4. [RELATION TO OTHER LAWS.] This section applies to 60.23 all state trunk highway bond-financed property unless otherwise 60.24 provided by law. 60.25 Sec. 18. Minnesota Statutes 2000, section 167.51, 60.26 subdivision 2, is amended to read: 60.27 Subd. 2. [TRANSFERS.] All money transferred from the trunk 60.28 highway fund or from any other source to the Minnesota trunk 60.29 highway bond account and all income from the investment thereof 60.30 shall be available for the payment of outstanding state trunk 60.31 highway bonds and interest thereon, whether or not issued 60.32 pursuant to section 167.50, in the same manner as the proceeds 60.33 of taxes paid into the trunk highway fund, and so much thereof 60.34 as may be necessary is appropriated for such payments. The 60.35 legislature may appropriate and transfer to the Minnesota trunk 60.36 highway bond account, for the payment of such trunk highway 61.1 bonds and interest thereon, any other moneys in the state 61.2 treasury not otherwise appropriated. The commissioner of 61.3 finance and the state treasurer are directed to make the 61.4 appropriate entries in the accounts of the respective funds. 61.5 Sec. 19. Minnesota Statutes 2000, section 168.012, is 61.6 amended by adding a subdivision to read: 61.7 Subd. 3b. [SNOWPLOWS.] Vehicles that have a gross weight 61.8 exceeding 26,000 pounds; that are owned by, or under contract 61.9 with, a town to provide snow removal services; that are operated 61.10 by drivers employed seasonally or temporarily for that purpose; 61.11 and that are used exclusively as snowplows, are exempt from the 61.12 provisions of this chapter. 61.13 Sec. 20. Minnesota Statutes 2000, section 168.013, 61.14 subdivision 1d, is amended to read: 61.15 Subd. 1d. [TRAILER.] (a) On trailers registered at a gross 61.16 vehicle weight of greater than 3,000 pounds, the annual tax is 61.17 based on total gross weight and is 30 percent of the Minnesota 61.18 base rate prescribed in subdivision 1e, when the gross weight is 61.19 15,000 pounds or less, and when the gross weight of a trailer is 61.20 more than 15,000 pounds, the tax for the first eight years of 61.21 vehicle life is 100 percent of the tax imposed in the Minnesota 61.22 base rate schedule, and during the ninth and succeeding years of 61.23 vehicle life the tax is 75 percent of the Minnesota base rate 61.24 prescribed by subdivision 1e, but in no event less than $5,61.25provided, that the tax on trailers with a total gross weight of61.263,000 pounds or less is payable biennially. 61.27 (b) Farm trailers with a gross weight in excess of 10,000 61.28 pounds and as described in section 168.011, subdivision 17, are 61.29 taxed as farm trucks as prescribed in subdivision 1c. 61.30 (c) Effective on and after July 1, 2001, trailers 61.31 registered at a gross vehicle weight of 3,000 pounds or less 61.32 must display a distinctive plate. The registration on the 61.33 license plate is valid for the life of the trailer only if it 61.34 remains registered at the same gross vehicle weight. The 61.35 one-time registration tax for trailers registered for the first 61.36 time in Minnesota is $55. For trailers registered in Minnesota 62.1 before July 1, 2001, and for which: 62.2 (1) registration is desired for the remaining life of the 62.3 trailer, the registration tax is $25; or 62.4 (2) permanent registration is not desired, the biennial 62.5 registration tax is $10 for the first renewal if registration is 62.6 renewed between and including July 1, 2001, and June 30, 2003. 62.7 These trailers must be issued permanent registration at the 62.8 first renewal on or after July 1, 2003, and the registration tax 62.9 is $20. 62.10 For trailers registered at a gross weight of 3,000 pounds or 62.11 less before July 1, 2001, but not renewed until on or after July 62.12 1, 2003, the registration tax is $20 and permanent registration 62.13 must be issued. 62.14 Sec. 21. Minnesota Statutes 2000, section 168.33, 62.15 subdivision 7, is amended to read: 62.16 Subd. 7. [FILING FEE.] (a) In addition to all other 62.17 statutory fees and taxes, a filing fee of$3.50$4.50 is imposed 62.18 on everyapplicationmotor vehicle registration renewal, 62.19 excluding prorate, and a filing fee of $7 is imposed on every 62.20 other type of vehicle transaction; except that a filing fee may 62.21 not be charged for a document returned for a refund or for a 62.22 correction of an error made by the department of public safety 62.23 or a deputy registrar. The filing feeshallmust be shown as a 62.24 separate item on all registration renewal notices sent out by 62.25 the departmentof public safety. No filing fee or other fee may 62.26 be charged for the permanent surrender of a certificate of title 62.27 and license plates for a motor vehicle. 62.28 (b) Filing fees collected under this subdivision by the 62.29registrardepartment must be paid into the state treasury and 62.30 credited to the highway user tax distribution fund, except fees 62.31 for registrations of motor vehicles. Filing fees collected for 62.32 registrations of motor vehicles in conjunction with a title 62.33 transfer or first application in this state must be paid into 62.34 the state treasury with 50 percent of the money credited to the 62.35 general fund and 50 percent credited to the highway user tax 62.36 distribution fund. 63.1 Sec. 22. Minnesota Statutes 2000, section 168.381, is 63.2 amended to read: 63.3 168.381 [MANUFACTURE OF VEHICLE LICENSENUMBERPLATES; 63.4 APPROPRIATIONS.] 63.5 Subdivision 1. [CORRECTIONAL FACILITIES; OTHER 63.6 MANUFACTURERS.] (a) License number plates required by law may be 63.7 manufactured by the Minnesota correctional facility-St. Cloud, 63.8 the Minnesota correctional facility-Stillwater, or other 63.9 facility established by law for the confinement of persons 63.10 convicted of felony, upon order from the registrar of motor 63.11 vehicles, such. The ordertomust state the quality of material 63.12 desired insuchthe plates, the plate specificationsthereof, 63.13 and the amount or number desired. 63.14 (b) Should the commissioner of corrections decide not to 63.15 supply the required quantity of license plates, or discontinue 63.16 the manufacture of plates, the commissioner of public safety is 63.17 authorized to seek other suppliers on a competitive basis. 63.18 Subd. 2. [LABORATORY TESTING; COSTS.] (a) Materials 63.19 purchased to be used in the manufacture ofsuchmotor vehicle 63.20 number platesshallmust be tested as to conformance with 63.21 specifications established by the commissioner of public safety 63.22 in a privately operated laboratory service to be designated by 63.23 the commissioner. The cost ofsuchthe laboratoryshallmust be 63.24 included in the cost of materials purchased. 63.25 (b) The cost of delivery ofsuchnumber plates to the 63.26 commissioner of public safety at placeswhichdesignated by the 63.27 commissionermay designate shallmust be included in the 63.28 expenses incurred in their manufacture. 63.29 Subd. 3. [SPECIFICATIONS.] The commissioner of public 63.30 safety shall establish new or revised specifications for the 63.31 material and equipment used in the manufacture of number plates 63.32 ordered for manufacture after August 1, 1975, and may from time 63.33 to time revisesuchthe specifications,; provided thatsuch63.34 the specifications conform to the requirements of section 168.12. 63.35 In establishing new or revised specifications, the commissioner 63.36 shall consult with and give consideration to the advice and 64.1 recommendations of representatives of the Minnesota state 64.2 patrol, local police officers' associations, and the county 64.3 sheriffs' association. 64.4(c)Subd. 4. [APPROPRIATIONS.] (a) Money appropriated to 64.5 the department of public safety to procure the plates for any 64.6 fiscal year or yearsshall beare available for allotment, 64.7 encumbrance, and expenditure from and after the date of the 64.8 enactment ofsuchthe appropriation. Materials and equipment 64.9 used in the manufacture ofsuchnumber plates are subject only 64.10 to the approval of the commissioner of public safety. 64.11(d)(b) This section contemplates that money to be 64.12 appropriated to the department of public safety in order to 64.13 carry out the terms and provisions of this section will be 64.14 appropriated by the legislature from the highway user tax 64.15 distribution fund. 64.16 (c) A sum sufficient is appropriated annually from the 64.17 highway user tax distribution fund to the commissioner of public 64.18 safety to pay the costs of purchasing, delivering, and mailing 64.19 motor vehicle license number plates, license plate registration 64.20 tabs or stickers, and license plate registration notices. 64.21 Sec. 23. Minnesota Statutes 2000, section 169.06, is 64.22 amended by adding a subdivision to read: 64.23 Subd. 5b. [SIGNAL VIOLATION CITED USING PHOTOGRAPHIC 64.24 EVIDENCE.] (a) Notwithstanding section 169.89, subdivision 1, if 64.25 a motor vehicle is operated in violation of subdivision 4 and 64.26 the violation is detected through use of photographic evidence, 64.27 the owner of the vehicle or, for a leased motor vehicle, the 64.28 lessee of the vehicle, is guilty of a petty misdemeanor and may 64.29 be fined up to $100. Notwithstanding any other law, a peace 64.30 officer may issue a citation to the owner or lessee of the 64.31 vehicle through United States mail. 64.32 (b) This subdivision does not apply to (1) an owner who 64.33 presents written evidence that the motor vehicle had been 64.34 reported to a law enforcement agency as stolen at the time of 64.35 the violation, or (2) a lessor of a motor vehicle if the lessor 64.36 keeps a record of the name and address of the lessee. 65.1 (c) This subdivision does not prohibit or limit the 65.2 prosecution of a motor vehicle operator for violating 65.3 subdivision 4. 65.4 (d) It is an affirmative defense to a violation of this 65.5 subdivision if the owner or lessee proves by a preponderance of 65.6 the evidence that the owner or lessee was not the driver of the 65.7 vehicle at the time of the violation. 65.8 [EFFECTIVE DATE.] This section is effective August 1, 2001. 65.9 Sec. 24. [169.062] [SIGNAL VIOLATION DETECTED WITH 65.10 PHOTOGRAPHIC EVIDENCE.] 65.11 Subdivision 1. [LOCAL GOVERNMENT AUTHORITY.] (a) A 65.12 statutory or home rule charter city or urban town, as defined in 65.13 chapter 368, may by ordinance develop and implement a program to 65.14 allow peace officers to detect violations of section 169.06, 65.15 subdivision 4, through photographic evidence, as provided in 65.16 section 169.06, subdivision 5b. A program established under 65.17 this section must: 65.18 (1) be limited to enforcement of traffic signals only; 65.19 (2) issue citations for traffic signal violations only 65.20 through United States mail within seven working days of the 65.21 offense; 65.22 (3) provide that any fine revenues in excess of the costs 65.23 of the program be transferred to the commissioner of 65.24 transportation to be used for the crosswalk safety awareness 65.25 campaign; 65.26 (4) operate photographic systems in such a manner that the 65.27 violating vehicle is identified by the photograph but the 65.28 occupants of the vehicle are not; 65.29 (5) provide that all records of convictions resulting from 65.30 violations detected through the use of photographic systems 65.31 contain a notation to that effect; and 65.32 (6) require signage notifying drivers that photographic 65.33 systems are in place to detect traffic signal violations. 65.34 (b) The city or town shall consult with the department of 65.35 public safety in establishing the program. 65.36 Any contract with a private person for operation of a 66.1 program under this section must not include a provision that 66.2 provides for a payment to the private person based on the number 66.3 of citations issued. 66.4 Subd. 2. [FINES.] A city or town participating in the 66.5 program may by ordinance establish a schedule of fines for 66.6 violations detected by photographic equipment. 66.7 Subd. 3. [DATA.] Photographic evidence and records of 66.8 convictions obtained under this section are private data on 66.9 individuals or nonpublic data as defined in section 13.02 but 66.10 are accessible to the owner or lessee of the vehicle. Section 66.11 13.05, subdivision 11, applies to a contract with a private 66.12 person for operation of a program under this section. The 66.13 private person may use the data only for purposes of this 66.14 program. 66.15 [EFFECTIVE DATE.] This section is effective August 1, 2001. 66.16 Sec. 25. Minnesota Statutes 2000, section 169.09, 66.17 subdivision 13, is amended to read: 66.18 Subd. 13. [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 66.19 APPROPRIATION.] (a) All written reports and supplemental reports 66.20 required under this section shall be for the use of the 66.21 commissioner of public safety and other appropriate state, 66.22 federal, county, and municipal governmental agencies for 66.23 accident analysis purposes, except: 66.24 (1) the commissioner of public safety or any law 66.25 enforcement agency shall, upon written request of any person 66.26 involved in an accident or upon written request of the 66.27 representative of the person's estate, surviving spouse, or one 66.28 or more surviving next of kin, or a trustee appointed pursuant 66.29 to section 573.02, disclose to the requester, the requester's 66.30 legal counsel, or a representative of the requester's insurer 66.31 the report required under subdivision 8; 66.32 (2) the commissioner of public safety shall, upon written 66.33 request, provide the driver filing a report under subdivision 7 66.34 with a copy of the report filed by the driver; 66.35 (3) the commissioner of public safety may verify with 66.36 insurance companies vehicle insurance information to enforce 67.1 sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 67.2 (4) the commissioner of public safety shall provide the 67.3 commissioner of transportation the information obtained for each 67.4 traffic accident involving a commercial motor vehicle, for 67.5 purposes of administering commercial vehicle safety regulations; 67.6 and 67.7 (5) the commissioner of public safety may give to the 67.8 United States Department of Transportation commercial vehicle 67.9 accident information in connection with federal grant programs 67.10 relating to safety. 67.11 (b) Accident reports and data contained in the reports 67.12 shall not be discoverable under any provision of law or rule of 67.13 court. No report shall be used as evidence in any trial, civil 67.14 or criminal, arising out of an accident, except that the 67.15 commissioner of public safety shall furnish upon the demand of 67.16 any person who has, or claims to have, made a report, or, upon 67.17 demand of any court, a certificate showing that a specified 67.18 accident report has or has not been made to the commissioner 67.19 solely to prove compliance or failure to comply with the 67.20 requirements that the report be made to the commissioner. 67.21 (c) Nothing in this subdivision prevents any person who has 67.22 made a report pursuant to this section from providing 67.23 information to any persons involved in an accident or their 67.24 representatives or from testifying in any trial, civil or 67.25 criminal, arising out of an accident, as to facts within the 67.26 person's knowledge. It is intended by this subdivision to 67.27 render privileged the reports required, but it is not intended 67.28 to prohibit proof of the facts to which the reports relate. 67.29 (d) Disclosing any information contained in any accident 67.30 report, except as provided in this subdivision, section 13.82, 67.31 subdivision 3 or 4, or other statutes, is a misdemeanor. 67.32 (e) The commissioner of public safety may charge authorized 67.33 persons a $5 fee for a copy of an accident report. The fees 67.34 collected must be credited to the driver's license account in 67.35 the special revenue fund. 67.36 (f) The commissioner and law enforcement agencies may 68.1 charge commercial users who request access to response or 68.2 incident data relating to accidents a fee not to exceed 50 cents 68.3 per report. "Commercial user" is a user who in one location 68.4 requests access to data in more than five accident reports per 68.5 month, unless the user establishes that access is not for a 68.6 commercial purpose. Money collected by the commissioner under 68.7 this paragraph is appropriated to the commissioner. 68.8 Sec. 26. Minnesota Statutes 2000, section 169.18, 68.9 subdivision 1, is amended to read: 68.10 Subdivision 1. [KEEP TO THE RIGHT.] Upon all roadways of 68.11 sufficient width a vehicle shall be driven upon the right half 68.12 of the roadway, except as follows: 68.13 (1) when overtaking and passing another vehicle proceeding 68.14 in the same direction under the rules governing such movement; 68.15 (2) when the right half of a roadway is closed to traffic 68.16 while under construction or repair; 68.17 (3) upon a roadway divided into three marked lanes for 68.18 traffic under the rules applicable thereon;or68.19 (4) upon a roadway designated and signposted for one-way 68.20 traffic as a one-way roadway; or 68.21 (5) as necessary to comply with subdivision 11 when 68.22 approaching an authorized emergency vehicle parked or stopped on 68.23 the roadway. 68.24 [EFFECTIVE DATE.] This section is effective June 1, 2001. 68.25 Sec. 27. Minnesota Statutes 2000, section 169.18, is 68.26 amended by adding a subdivision to read: 68.27 Subd. 11. [PASSING PARKED EMERGENCY VEHICLE.] When 68.28 approaching and before passing an authorized emergency vehicle 68.29 that is parked or otherwise stopped on or next to a street or 68.30 highway having two or more lanes in the same direction, the 68.31 driver of a vehicle shall safely move the vehicle to a lane away 68.32 from the emergency vehicle. 68.33 [EFFECTIVE DATE.] This section is effective June 1, 2001. 68.34 Sec. 28. Minnesota Statutes 2000, section 169.825, 68.35 subdivision 11, is amended to read: 68.36 Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The 69.1 limitations provided in this section are increased: 69.2 (1) by ten percentfrom January 1 to March 7between the 69.3 dates set by the commissioner based on frost depth, each winter, 69.4 statewide; 69.5 (2) by ten percentfrom December 1 through December 3169.6 between the dates set by the commissioner based on frost depth, 69.7 each winter in the zone bounded as follows: beginning at Pigeon 69.8 River in the northeast corner of Minnesota; thence in a 69.9 southwesterly direction along the north shore of Lake Superior 69.10 along trunk highway No. 61 to the junction with trunk highway 69.11 No. 210; thence westerly along trunk highway No. 210 to the 69.12 junction with trunk highway No. 10; thence northwesterly along 69.13 trunk highway No. 10 to the Minnesota-North Dakota border; 69.14 thence northerly along that border to the Minnesota-Canadian 69.15 Border; thence easterly along said Border to Lake Superior; and 69.16 (3) by ten percent from the beginning of harvest to 69.17 November 30 each year for the movement of sugar beets, sweet 69.18 corn, and potatoes within an area having a 75-mile radius from 69.19 the field of harvest to the point of the first unloading. The 69.20 commissioner shall not issue permits under this clause if to do 69.21 so will result in a loss of federal highway funding to the state. 69.22 (b) The duration of a ten percent increase in load limits 69.23 is subject to limitation by order of the commissioner, subject 69.24 to implementation of springtime load restrictions, or March 7. 69.25 (c) When the ten percent increase is in effect, a permit is 69.26 required for a motor vehicle, trailer, or semitrailer 69.27 combination that has a gross weight in excess of 80,000 pounds, 69.28 an axle group weight in excess of that prescribed in subdivision 69.29 10, or a single axle weight in excess of 20,000 pounds and which 69.30 travels on interstate routes. 69.31 (d) In cases where gross weights in an amount less than 69.32 that set forth in this section are fixed, limited, or restricted 69.33 on a highway or bridge by or under another section of this 69.34 chapter, the lesser gross weight as fixed, limited, or 69.35 restricted may not be exceeded and must control instead of the 69.36 gross weights set forth in this section. 70.1 (e) Notwithstanding any other provision of this 70.2 subdivision, no vehicle may exceed a total gross vehicle weight 70.3 of 80,000 pounds on routes which have not been designated by the 70.4 commissioner under section 169.832, subdivision 11. 70.5 (f) The commissioner may, after determining the ability of 70.6 the highway structure and frost condition to support additional 70.7 loads, grant a permit extending seasonal increases for vehicles 70.8 using portions of routes falling within two miles of the 70.9 southern boundary of the zone described under paragraph (a), 70.10 clause (2). 70.11 Sec. 29. Minnesota Statutes 2000, section 169.87, 70.12 subdivision 4, is amended to read: 70.13 Subd. 4. [VEHICLE TRANSPORTING MILK, LIVESTOCK, OR 70.14 FEED.] (a) Until June 1, 2003, a weight restriction imposed 70.15 under subdivision 1 by the commissioner of transportation or a 70.16 local road authority, or imposed by subdivision 2, does not 70.17 apply to: 70.18 (1) a vehicle transporting milk from the point of 70.19 production to the point of first processing if, at the time the 70.20 weight restriction is exceeded, the vehicle is carrying milk 70.21 loaded at only one point of production; 70.22 (2) a vehicle delivering animal feed to a farm or other 70.23 livestock production facility, whether or not the feed is in a 70.24 raw or manufactured state; 70.25 (3) a vehicle transporting livestock to a farm or other 70.26 livestock production facility for care and rearing; or 70.27 (4) a vehicle transporting livestock from a farm or other 70.28 livestock production facility to point of slaughter. 70.29 (b) This subdivision does not authorize a vehicle described 70.30 in this subdivision to exceed a weight restriction of five tons 70.31 per axle by more than two tons per axle. 70.32 Sec. 30. Minnesota Statutes 2000, section 170.23, is 70.33 amended to read: 70.34 170.23 [ABSTRACT; FEE; ADMISSIBLE IN EVIDENCE.] 70.35 The commissioner shall upon request furnish any person a 70.36 certified abstract of the operating record of any person subject 71.1 to the provisions of this chapter, and, if there shall be no 71.2 record of any conviction of such person of violating any law 71.3 relating to the operation of a motor vehicle or of any injury or 71.4 damage caused by such person, the commissioner shall so 71.5 certify. Such abstracts shall not be admissible as evidence in 71.6 any action for damages or criminal proceedings arising out of a 71.7 motor vehicle accident. A fee of $5 shall be paid for each such 71.8 abstract. The commissioner shall permit a person to inquire 71.9 into the operating record of any person by means of the 71.10 inquiring person's own computer facilities for a fee to be 71.11 determined by the commissioner of at least $2 for each inquiry. 71.12 The commissioner shall furnish an abstract that is not certified 71.13 for a fee to be determined by the commissioner in an amount less 71.14 than the fee for a certified abstract but more than the fee for 71.15 an inquiry by computer. Fees collected under this section must 71.16 be paid into the state treasury with 90 percent of the money 71.17 credited to thetrunk highwaydriver's license account in the 71.18 special revenue fund and ten percent credited to the general 71.19 fund. 71.20 Sec. 31. Minnesota Statutes 2000, section 171.06, 71.21 subdivision 2a, is amended to read: 71.22 Subd. 2a. [TWO-WHEELED VEHICLE ENDORSEMENT FEE INCREASED.] 71.23 (a) The fee for any duplicate driver's license which is obtained 71.24 for the purpose of adding a two-wheeled vehicle endorsement is 71.25 increased by $18.50 for each first such duplicate license and 71.26 $13 for each renewal thereof. The additional fee shall be paid 71.27 into the state treasury and credited as follows: 71.28 (1) $11 of the additional fee for each first duplicate 71.29 license, and $7 of the additional fee for each renewal, must be 71.30 credited to the motorcycle safety fund which is hereby created; 71.31 provided that any fee receipts in excess of $750,000 in a fiscal 71.32 year shall be credited 90 percent to thetrunk highwaydriver's 71.33 license account in the special revenue fund and ten percent to 71.34 the general fund, as provided in section 171.26. 71.35 (2) The remainder of the additional fee must be credited to 71.36 the general fund. 72.1 (b) All application forms prepared by the commissioner for 72.2 two-wheeled vehicle endorsements shall clearly state the amount 72.3 of the total fee that is dedicated to the motorcycle safety fund. 72.4 Sec. 32. Minnesota Statutes 2000, section 171.07, 72.5 subdivision 11, is amended to read: 72.6 Subd. 11. [STANDBY OR TEMPORARY CUSTODIAN.] (a) Upon the 72.7 written request of the applicant and upon payment of an 72.8 additional fee of $3.50, the department shall issue a driver's 72.9 license or Minnesota identification card bearing a symbol or 72.10 other appropriate identifier indicating that the license holder 72.11 has appointed an individual to serve as a standby or temporary 72.12 custodian under chapter 257B. 72.13 (b) The request must be accompanied by a copy of the 72.14 designation executed under section 257B.04. 72.15 (c) The department shall maintain a computerized records 72.16 system of all persons listed as standby or temporary custodians 72.17 by driver's license and identification card applicants. This 72.18 data shall be released to appropriate law enforcement agencies 72.19 under section 13.69. Upon a parent's request and payment of a 72.20 fee of $3.50, the department shall revise its list of standby or 72.21 temporary custodians to reflect a change in the appointment. 72.22 (d) At the request of the license or card holder, the 72.23 department shall cancel the standby or temporary custodian 72.24 indication without additional charge. However, this paragraph 72.25 does not prohibit a fee that may be applicable for a duplicate 72.26 or replacement license or card, renewal of a license, or other 72.27 service applicable to a driver's license or identification card. 72.28 (e) Notwithstanding sections 13.08, subdivision 1, and 72.29 13.69, the department and department employees are conclusively 72.30 presumed to be acting in good faith when employees rely on 72.31 statements made, in person or by telephone, by persons 72.32 purporting to be law enforcement and subsequently release 72.33 information described in paragraph (b). When acting in good 72.34 faith, the department and department personnel are immune from 72.35 civil liability and not subject to suit for damages resulting 72.36 from the release of this information. 73.1 (f) The department and its employees: 73.2 (1) have no duty to inquire or otherwise determine whether 73.3 a designation submitted under this subdivision is legally valid 73.4 and enforceable; and 73.5 (2) are immune from all civil liability and not subject to 73.6 suit for damages resulting from a claim that the designation was 73.7 not legally valid and enforceable. 73.8 (g) Of the fees received by the department under this 73.9 subdivision: 73.10 (1) Up to $111,000 received in fiscal year 1997 and up to 73.11 $61,000 received in subsequent fiscal years must be deposited in 73.12 the general fund. 73.13 (2) All other fees must be deposited in thetrunk highway73.14 driver's license account in the special revenue fund. 73.15 Sec. 33. Minnesota Statutes 2000, section 171.12, 73.16 subdivision 6, is amended to read: 73.17 Subd. 6. [CERTAIN CONVICTIONS NOT RECORDED.] (a) The 73.18 department shall not keep on the record of a driver any 73.19 conviction for a violation of section 169.14, subdivision 2, 73.20 paragraph (a), clause (3), unless the violation consisted of a 73.21 speed greater than ten miles per hour in excess of the lawful 73.22 speed. 73.23 (b) The department shall not keep on the record of a driver 73.24 a conviction for failure to obey traffic signals if the record 73.25 of conviction indicates that the conviction was obtained through 73.26 the use of photographic evidence. 73.27 [EFFECTIVE DATE.] This section is effective August 1, 2001. 73.28 Sec. 34. Minnesota Statutes 2000, section 171.13, 73.29 subdivision 6, is amended to read: 73.30 Subd. 6. [INITIAL MOTORCYCLE ENDORSEMENT FEE.] A person 73.31 applying for an initial motorcycle endorsement on a driver's 73.32 license shall pay at the place of examination a total fee of 73.33 $21, which includes the examination fee and endorsement fee, but 73.34 does not include the fee for a duplicate driver's license 73.35 prescribed in section 171.06, subdivision 2. Of this amount, 73.36 $11 must be credited as provided in section 171.06, subdivision 74.1 2a, paragraph (a), clause (1), $2.50 must be credited to 74.2 thetrunk highwaydriver's license account in the special 74.3 revenue fund, and the remainder must be credited to the general 74.4 fund. 74.5 Sec. 35. Minnesota Statutes 2000, section 171.185, is 74.6 amended to read: 74.7 171.185 [COSTS PAID FROMTRUNK HIGHWAY FUNDDRIVER'S 74.8 LICENSE ACCOUNT.] 74.9 All costs incurred by the commissioner in carrying out the 74.10 provisions of sections 171.182 to 171.184 shall be paid from the 74.11trunk highwaydriver's license account in the special revenue 74.12 fund. 74.13 Sec. 36. Minnesota Statutes 2000, section 171.26, is 74.14 amended to read: 74.15 171.26 [DRIVER'S LICENSE ACCOUNT; MONEY CREDITEDTO FUNDS74.16 AND APPROPRIATED.] 74.17 (a) The driver's license account is created in the special 74.18 revenue fund. Money credited to this account may be 74.19 appropriated to the commissioner of public safety for the 74.20 purpose of providing driver's license and other related services 74.21 as authorized under this chapter. 74.22 (b) All money received under this chapter must be paid into 74.23 the state treasury and credited to thetrunk highwaydriver's 74.24 license account in the special revenue fund, except as provided 74.25 in sections 171.06, subdivision 2a; 171.07, subdivision 11, 74.26 paragraph (g); 171.12, subdivision 8; and 171.29, subdivision 2, 74.27 paragraph (b). 74.28 (c) A sum sufficient is appropriated annually from the 74.29 driver's license account to pay the costs of mailing driver's 74.30 license renewal notices and producing and mailing driver's 74.31 licenses, permits, and identification cards. Beginning in 2002, 74.32 the commissioner shall submit to the commissioner of finance, 74.33 with copies to the chairs of the senate and house of 74.34 representatives committees having jurisdiction over 74.35 transportation finance, by October 15, an audited report 74.36 summarizing expenditures under this paragraph for the previous 75.1 fiscal year and projections for the current fiscal year. 75.2 Sec. 37. Minnesota Statutes 2000, section 171.29, 75.3 subdivision 2, is amended to read: 75.4 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 75.5 license has been revoked as provided in subdivision 1, except 75.6 under section 169A.52 or 169A.54, shall pay a $30 fee before the 75.7 driver's license is reinstated. 75.8 (b) A person whose driver's license has been revoked as 75.9 provided in subdivision 1 under section 169A.52 or 169A.54 shall 75.10 pay a $250 fee plus a $40 surcharge before the driver's license 75.11 is reinstated. The $250 fee is to be credited as follows: 75.12 (1) Twenty percent must be credited to thetrunk highway75.13 driver's license account in the special revenue fund. 75.14 (2) Fifty-five percent must be credited to the general fund. 75.15 (3) Eight percent must be credited to a separate account to 75.16 be known as the bureau of criminal apprehension account. Money 75.17 in this account may be appropriated to the commissioner of 75.18 public safety and the appropriated amount must be apportioned 80 75.19 percent for laboratory costs and 20 percent for carrying out the 75.20 provisions of section 299C.065. 75.21 (4) Twelve percent must be credited to a separate account 75.22 to be known as the alcohol-impaired driver education account. 75.23 Money in the account is appropriated as follows: 75.24 (i) the first $200,000 in a fiscal year to the commissioner 75.25 of children, families, and learning for programs for elementary 75.26 and secondary school students; and 75.27 (ii) the remainder credited in a fiscal year to the 75.28 commissioner of transportation to be spent as grants to the 75.29 Minnesota highway safety center at St. Cloud State University 75.30 for programs relating to alcohol and highway safety education in 75.31 elementary and secondary schools. 75.32 (5) Five percent must be credited to a separate account to 75.33 be known as the traumatic brain injury and spinal cord injury 75.34 account. The money in the account is annually appropriated to 75.35 the commissioner of health to be used as follows: 35 percent 75.36 for a contract with a qualified community-based organization to 76.1 provide information, resources, and support to assist persons 76.2 with traumatic brain injury and their families to access 76.3 services, and 65 percent to maintain the traumatic brain injury 76.4 and spinal cord injury registry created in section 144.662. For 76.5 the purposes of this clause, a "qualified community-based 76.6 organization" is a private, not-for-profit organization of 76.7 consumers of traumatic brain injury services and their family 76.8 members. The organization must be registered with the United 76.9 States Internal Revenue Service under section 501(c)(3) as a 76.10 tax-exempt organization and must have as its purposes: 76.11 (i) the promotion of public, family, survivor, and 76.12 professional awareness of the incidence and consequences of 76.13 traumatic brain injury; 76.14 (ii) the provision of a network of support for persons with 76.15 traumatic brain injury, their families, and friends; 76.16 (iii) the development and support of programs and services 76.17 to prevent traumatic brain injury; 76.18 (iv) the establishment of education programs for persons 76.19 with traumatic brain injury; and 76.20 (v) the empowerment of persons with traumatic brain injury 76.21 through participation in its governance. 76.22 No patient's name, identifying information or identifiable 76.23 medical data will be disclosed to the organization without the 76.24 informed voluntary written consent of the patient or patient's 76.25 guardian, or if the patient is a minor, of the parent or 76.26 guardian of the patient. 76.27 (c) The $40 surcharge must be credited to a separate 76.28 account to be known as the remote electronic alcohol monitoring 76.29 program account. The commissioner shall transfer the balance of 76.30 this account to the commissioner of finance on a monthly basis 76.31 for deposit in the general fund. 76.32 (d) When these fees are collected by a licensing agent, 76.33 appointed under section 171.061, a handling charge is imposed in 76.34 the amount specified under section 171.061, subdivision 4. The 76.35 reinstatement fees and surcharge must be deposited in an 76.36 approved state depository as directed under section 171.061, 77.1 subdivision 4. 77.2 Sec. 38. Minnesota Statutes 2000, section 171.36, is 77.3 amended to read: 77.4 171.36 [LICENSE RENEWAL; FEES; PROCEEDS TOTRUNK HIGHWAY77.5 SPECIAL REVENUE FUND.] 77.6 All licenses shall expire one year from date of issuance 77.7 and may be renewed upon application to the commissioner. Each 77.8 application for an original or renewal school license shall be 77.9 accompanied by a fee of $150 and each application for an 77.10 original or renewal instructor's license shall be accompanied by 77.11 a fee of $50. The license fees collected under sections 171.33 77.12 to 171.41 shall be paid into thetrunk highwaydriver's license 77.13 account in the special revenue fund. No license fee shall be 77.14 refunded in the event that the license is rejected or revoked. 77.15 Sec. 39. [174.026] [PAVEMENT STRIPING.] 77.16 The commissioner of transportation may bill highway 77.17 maintenance operating units of the department and local road 77.18 authorities for the costs of a centrally managed pavement 77.19 marking program. Such costs may include equipment acquisition 77.20 and rental, labor, materials, and other costs as determined by 77.21 the commissioner. Receipts must be credited to a special 77.22 account which is established in the trunk highway fund and are 77.23 appropriated to the commissioner to pay the costs for which the 77.24 billings are made. Amounts credited to the account are exempt 77.25 from statewide and agency indirect costs payments. 77.26 Sec. 40. Minnesota Statutes 2000, section 174.03, is 77.27 amended by adding a subdivision to read: 77.28 Subd. 2a. [HIGHWAY SPENDING IN METROPOLITAN DISTRICT.] In 77.29 any year during the period of imposition of the taxes authorized 77.30 in section 473.922, subdivisions 4 and 5, and exclusive of the 77.31 expenditure of these revenues, (1) the percentage of total trunk 77.32 highway fund expenditures attributable to projects in the 77.33 metropolitan district may not vary more than two percentage 77.34 points from the average of the previous five years of trunk 77.35 highway fund metropolitan district expenditures and (2) of the 77.36 additional trunk highway funds made available by the tax 78.1 revenues collected under section 473.922, subdivisions 4 and 5, 78.2 no less than $100,000,000 must be spent in each of the counties 78.3 of Anoka, Carver, Dakota, Scott, and Washington during the 78.4 period of imposition of these taxes. The commissioner must let 78.5 each project funded as described in this clause no later than 78.6 June 30, 2011. 78.7 Sec. 41. Minnesota Statutes 2000, section 174.24, 78.8 subdivision 3b, is amended to read: 78.9 Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner 78.10 shall determine the total operating cost of any public transit 78.11 system receiving or applying for assistance in accordance with 78.12 generally accepted accounting principles. To be eligible for 78.13 financial assistance, an applicant or recipient shall provide to 78.14 the commissioner all financial records and other information and 78.15 shall permit any inspection reasonably necessary to determine 78.16 total operating cost and correspondingly the amount of 78.17 assistance which may be paid to the applicant or recipient. 78.18 Where more than one county or municipality contributes 78.19 assistance to the operation of a public transit system, the 78.20 commissioner shall identify one as lead agency for the purpose 78.21 of receivingmoneysmoney under this section. 78.22 (b) Prior to distributing operating assistance to eligible 78.23 recipients for any contract period, the commissioner shall place 78.24 all recipients into one of the following classifications:large78.25urbanized area service,urbanized area service, small urban area 78.26 service, rural area service, and elderly and handicapped 78.27 service. The commissioner shall distribute funds under this 78.28 section so that the percentage of total operating cost paid by 78.29 any recipient from local sources will not exceed the percentage 78.30 for that recipient's classification, except as provided in an 78.31 undue hardship case. The percentagesshallmust be:for large78.32urbanized area service, 50 percent;for urbanized area service 78.33 and small urban area service, 40 percent; for rural area 78.34 service, 35 percent; and for elderly and handicapped service, 35 78.35 percent. The remainder of the total operating cost will be paid 78.36 from state funds less any assistance received by the recipient 79.1 from any federal source. For purposes of this subdivision 79.2 "local sources" means all local sources of funds and includes 79.3 all operating revenue, tax levies, and contributions from public 79.4 funds, except that the commissioner may exclude from the total 79.5 assistance contract revenues derived from operations the cost of 79.6 which is excluded from the computation of total operating cost. 79.7 Total operating costs of the Duluth transit authority shall not 79.8 include costs related to the Superior, Wisconsin service 79.9 contract and the school bus service contract. 79.10 (c) If a recipient informs the commissioner in writing 79.11 after the establishment of these percentages but prior to the 79.12 distribution of financial assistance for any year that paying 79.13 its designated percentage of total operating cost from local 79.14 sources will cause undue hardship, the commissioner may reduce 79.15 the percentage to be paid from local sources by the recipient 79.16 and increase the percentage to be paid from local sources by one 79.17 or more other recipients inside or outside the classification, 79.18 provided that no recipient shall have its percentage thus 79.19 reduced or increased for more than two years successively. If 79.20 for any year the funds appropriated to the commissioner to carry 79.21 out the purposes of this section are insufficient to allow the 79.22 commissioner to pay the state share of total operating cost as 79.23 provided in this paragraph, the commissioner shall reduce the 79.24 state share in each classification to the extent necessary. 79.25 Sec. 42. Minnesota Statutes 2000, section 174.32, 79.26 subdivision 5, is amended to read: 79.27 Subd. 5. [ELIGIBLE ACTIVITYEXPENDITURES FROM 79.28 FUND.]Activities eligible for assistance under the program79.29include but are not limited to:79.30(1) planning and engineering design for transit services;79.31(2) capital assistance to purchase or refurbish transit79.32vehicles, purchase rail lines and associated facilities for79.33light rail transit, purchase rights-of-way, and other capital79.34expenditures necessary to provide a transit service; and79.35(3) other assistance for public transit services.Money in 79.36 the transit assistance fund may be spent by law only for 80.1 operating assistance. 80.2 [EFFECTIVE DATE.] This section is effective July 1, 2003. 80.3 Sec. 43. [174.52] [LOCAL ROAD IMPROVEMENT FUND.] 80.4 Subdivision 1. [FUND CREATED.] A local road improvement 80.5 fund is created in the state treasury. The fund consists of 80.6 money transferred to the fund through appropriation, gift, or 80.7 grant. Money in the fund is annually appropriated to the 80.8 commissioner for expenditure as specified in this section. 80.9 Subd. 2. [ADVISORY COMMITTEE.] The commissioner of 80.10 transportation shall annually consult with a local road 80.11 improvement advisory committee concerning criteria for 80.12 expenditure and allocations from the fund. The advisory 80.13 committee consists of 11 members appointed as follows: 80.14 (1) three representatives appointed by the commissioner, 80.15 one of whom shall be designated as the chair of the advisory 80.16 committee; 80.17 (2) two representatives appointed by the association of 80.18 Minnesota counties, of which one must represent a county in the 80.19 metropolitan area; 80.20 (3) two representatives of cities with a population under 80.21 5,000 appointed by the league of Minnesota cities, of which one 80.22 must represent a city in the metropolitan area; 80.23 (4) two representatives of cities with a population of 80.24 5,000 and over, appointed by the league of Minnesota cities, of 80.25 which one must represent a city in the metropolitan area; and 80.26 (5) two representatives appointed by the Minnesota township 80.27 association. 80.28 The committee shall by September 1, 2001, establish criteria for 80.29 making grants from the fund and a process for cities, counties, 80.30 and townships to apply for grants. The committee must award at 80.31 least 50 percent of the funds to local projects by December 15, 80.32 2001. 80.33 Subd. 3. [TRUNK HIGHWAY CORRIDOR ACCOUNT.] (a) A trunk 80.34 highway corridor account is established in the local road 80.35 improvement fund. Money in the account must be used as grants 80.36 to cities, towns, and counties to assist in paying the local 81.1 share of projects that: 81.2 (1) involve the reconstruction or improvement of a trunk 81.3 highway; 81.4 (2) have local costs that are not funded, or are only 81.5 partially funded with other state and federal funds; and 81.6 (3) where the local share of the costs are directly or 81.7 partially related to the trunk highway improvement. 81.8 (b) A city, county, or town is eligible to receive a grant 81.9 from the trunk highway corridor account for the amount of the 81.10 project costs that exceed: 81.11 (1) three percent of the city, county, or town's adjusted 81.12 net tax capacity in the previous calendar year; plus 81.13 (2) ten percent of any county or municipal state-aid 81.14 allocation received in the previous fiscal year. 81.15 In making allocations from the trunk highway corridor account, 81.16 the advisory committee must give priority to projects that 81.17 involve the relocation of municipally owned utilities that have 81.18 a remaining useful life of at least five years. 81.19 Subd. 4. [LOCAL ROAD DEVELOPMENT ACCOUNT.] A local road 81.20 development account is established in the local road improvement 81.21 fund. Money in the account must be used as grants to cities, 81.22 towns, and counties to assist in paying the costs of 81.23 constructing or reconstructing local roads. To be eligible for 81.24 allocation from the local road development account, projects 81.25 must meet at least one of the following criteria: 81.26 (1) the local road is of regional significance and connects 81.27 to the regional roadway system; 81.28 (2) the project is designated to receive federal funds; 81.29 (3) the project is part of a larger economic development or 81.30 redevelopment effort; 81.31 (4) the local road serves as a farm-to-market corridor; or 81.32 (5) the local road serves as a tourism route through a 81.33 national forest. 81.34 Subd. 5. [SMALL CITIES ACCOUNT.] A small cities account is 81.35 established in the local road development fund. Money in the 81.36 account must be used as grants to cities with a population under 82.1 5,000 to assist in paying costs related to maintenance and 82.2 construction of the local road system. In making allocations 82.3 from the small cities account, the advisory committee must 82.4 establish criteria that at a minimum considers the population 82.5 and street mileage within the city. 82.6 Subd. 6. [NOISE WALL ACCOUNT.] A noise wall account is 82.7 established in the local road development fund. Money in the 82.8 account must be used as grants to cities, towns, and counties to 82.9 assist in paying the cost of constructing a noise wall along a 82.10 trunk highway. In making allocations from the noise wall 82.11 account, the advisory committee must give priority to projects 82.12 that provide local matching funds for at least one-third of the 82.13 project costs. 82.14 Sec. 44. Minnesota Statutes 2000, section 174.70, 82.15 subdivision 2, is amended to read: 82.16 Subd. 2. [IMPLEMENTATION.] In order to facilitate 82.17 construction ofthe initial backbone of thea statewide 82.18 communications systemdescribed in subdivision 1and to reduce 82.19 the proliferation of communications towers, the 82.20 commissionershallmay, by purchase, lease, gift, exchange, or 82.21 other means, obtain sites for the erection of towers and the 82.22 location of equipment andshallmay construct buildings and 82.23 structures needed for developing the communications system. The 82.24 commissioner may negotiate with commercial wireless service 82.25 providers and other tower owners to obtain sites, towers, and 82.26 equipment. Notwithstanding sections 161.433, 161.434, 161.45, 82.27 and 161.46, the commissioner may by agreement lease, allow, or 82.28 permit commercial wireless service providers or other tower 82.29 owners to install privately owned equipment on state-owned 82.30 lands, buildings, and other structures under the jurisdiction of 82.31 the commissioner when it is practical and feasible to do 82.32 so. The commissioner shall annually publish a list of 82.33 state-owned tower sites that are available to commercial 82.34 wireless service providers and other tower owners for 82.35 installation of their equipment. The commissioner shall charge 82.36 a site use fee for the value of the real property or structure 83.1 made available. In lieu of a site use fee, the commissioner may 83.2 make agreements with commercial wireless service providers or 83.3 other tower owners to place state equipment on privately owned 83.4 towers and may accept (1) improvements to state-owned 83.5 publicsafetycommunications system facilities or real or 83.6 personal property, or (2) services provided by a commercial 83.7 wireless service provider or other tower owner. 83.8 [EFFECTIVE DATE.] This section is effective the day 83.9 following final enactment. 83.10 Sec. 45. Minnesota Statutes 2000, section 174.70, 83.11 subdivision 3, is amended to read: 83.12 Subd. 3. [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 83.13 under subdivision 2 must be deposited in the trunk highway 83.14 fund. The feessocollected are appropriated to the 83.15 commissioner to pay forthe commissioner's share and state83.16patrol's share of the costs of constructingdeveloping and 83.17 maintaining thecommunicationcommunications systemsites. 83.18 [EFFECTIVE DATE.] This section is effective the day 83.19 following final enactment. 83.20 Sec. 46. [174.92] [WHISTLE-BLOWING.] 83.21 Subject to applicable federal law and regulations, a city, 83.22 town, or county may prohibit whistle-blowing within one-half 83.23 mile of a commuter rail station. 83.24 Sec. 47. [270.081] [TAXES CREDITED TO MINNESOTA TRUNK 83.25 HIGHWAY BOND ACCOUNT.] 83.26 The revenue credited to the trunk highway fund from a tax 83.27 rate adjustment imposed under section 296A.07, subdivision 5, 83.28 must be credited to the bond proceeds account in the trunk 83.29 highway fund. 83.30 [EFFECTIVE DATE.] This section is effective July 1, 2003. 83.31 Sec. 48. Minnesota Statutes 2000, section 296A.07, 83.32 subdivision 3, is amended to read: 83.33 Subd. 3. [RATE OF TAX.] The gasoline excise tax is imposed 83.34 at the following rates: 83.35 (1) E85 is taxed at the rate of14.216.3 cents per gallon; 83.36 (2) M85 is taxed at the rate of11.413.1 cents per gallon; 84.1 and 84.2 (3) all other gasoline is taxed at the rate of2023 cents 84.3 per gallon. 84.4 [EFFECTIVE DATE.] This section is effective July 1, 2003. 84.5 Sec. 49. Minnesota Statutes 2000, section 296A.07, 84.6 subdivision 4, is amended to read: 84.7 Subd. 4. [TRANSIT SYSTEM EXEMPTEXEMPTIONS.] The 84.8 provisions of subdivision 1 do not apply to gasoline purchased 84.9 by: 84.10 (1) a transit system or transit provider receiving 84.11 financial assistance or reimbursement under section 174.24, 84.12 256B.0625, subdivision 17, or 473.384; or 84.13 (2) an ambulance service licensed under chapter 144. 84.14 Sec. 50. Minnesota Statutes 2000, section 296A.07, is 84.15 amended by adding a subdivision to read: 84.16 Subd. 5. [ANNUAL GASOLINE TAX RATE ADJUSTMENT.] (a) Before 84.17 April 1 of each year, the commissioner of revenue shall 84.18 recompute and publish the rate of the gasoline excise tax. The 84.19 new rate per gallon must be calculated by multiplying the rate 84.20 in effect at the time of the calculation by an amount obtained 84.21 under paragraph (b). The new rate must be rounded to the 84.22 nearest 0.1 cent and is effective on April 1 of each year. 84.23 (b) Divide the annual average United States Consumer Price 84.24 Index for all urban consumers, United States city average, as 84.25 determined by the United States Department of Labor for the 84.26 previous year by that annual average for the year before the 84.27 previous year. 84.28 [EFFECTIVE DATE.] This section is effective January 1, 2003. 84.29 Sec. 51. Minnesota Statutes 2000, section 296A.08, 84.30 subdivision 2, is amended to read: 84.31 Subd. 2. [RATE OF TAX.] The special fuel excise tax is 84.32 imposed at the following rates: 84.33 (1) Liquefied petroleum gas or propane is taxed at the rate 84.34 of1517.3 cents per gallon. 84.35 (2) Liquefied natural gas is taxed at the rate of1213.8 84.36 cents per gallon. 85.1 (3) Compressed natural gas is taxed at the rate 85.2 of$1.739$2 per thousand cubic feet; or2023 cents per 85.3 gasoline equivalent, as defined by the National Conference on 85.4 Weights and Measures, which is 5.66 pounds of natural gas. 85.5 (4) All other special fuel is taxed at the same rate as the 85.6 gasoline excise tax as specified in section 296A.07, subdivision 85.7 2. The tax is payable in the form and manner prescribed by the 85.8 commissioner. 85.9 [EFFECTIVE DATE.] This section is effective July 1, 2003. 85.10 Sec. 52. Minnesota Statutes 2000, section 296A.08, 85.11 subdivision 3, is amended to read: 85.12 Subd. 3. [TRANSIT SYSTEM EXEMPTEXEMPTIONS.] The 85.13 provisions of subdivisions 1 and 2 do not apply to special fuel 85.14 or alternative fuels purchased by: 85.15 (1) a transit system or transit provider receiving 85.16 financial assistance or reimbursement under section 174.24, 85.17 256B.0625, subdivision 17, or 473.384; or 85.18 (2) an ambulance service licensed under chapter 144. 85.19 Sec. 53. Minnesota Statutes 2000, section 296A.08, is 85.20 amended by adding a subdivision to read: 85.21 Subd. 7. [ANNUAL SPECIAL FUEL TAX RATE ADJUSTMENT.] (a) 85.22 Before April 1 of each year, the commissioner of revenue shall 85.23 recompute and publish the rate of the special fuel tax. The new 85.24 rate must be calculated by multiplying the rate in effect at the 85.25 time of the calculation by an amount obtained under paragraph 85.26 (b). The new rate must be rounded to the nearest 0.1 cent and 85.27 is effective on April 1 of each year. 85.28 (b) Divide the annual average United States Consumer Price 85.29 Index for all urban consumers, United States city average, as 85.30 determined by the United States Department of Labor for the 85.31 previous year by that annual average for the year before the 85.32 previous year. 85.33 [EFFECTIVE DATE.] This section is effective January 1, 2003. 85.34 Sec. 54. Minnesota Statutes 2000, section 297A.68, 85.35 subdivision 19, is amended to read: 85.36 Subd. 19. [PETROLEUM PRODUCTS.] The following petroleum 86.1 products are exempt: 86.2 (1) products upon which a tax has been imposed and paid 86.3 under chapter 296A, and for which no refund has been or will be 86.4 allowed because the buyer used the fuel for nonhighway use; 86.5 (2) products that are used in the improvement of 86.6 agricultural land by constructing, maintaining, and repairing 86.7 drainage ditches, tile drainage systems, grass waterways, water 86.8 impoundment, and other erosion control structures; 86.9 (3) products purchased by a transit system receiving 86.10 financial assistance under section 174.24, 256B.0625, 86.11 subdivision 17, or 473.384; 86.12 (4) products purchased by an ambulance service licensed 86.13 under chapter 144; 86.14 (5) products used in a passenger snowmobile, as defined in 86.15 section 296A.01, subdivision 39, for off-highway business use as 86.16 part of the operations of a resort as provided under section 86.17 296A.16, subdivision 2, clause (2); or 86.18(5)(6) products purchased by a state or a political 86.19 subdivision of a state for use in motor vehicles exempt from 86.20 registration under section 168.012, subdivision 1, paragraph (b). 86.21 Sec. 55. Minnesota Statutes 2000, section 297A.70, 86.22 subdivision 2, is amended to read: 86.23 Subd. 2. [SALES TO GOVERNMENT.] (a) All sales, except 86.24 those listed in paragraph (b), to the following governments and 86.25 political subdivisions, or to the listed agencies or 86.26 instrumentalities of governments and political subdivisions, are 86.27 exempt: 86.28 (1) the United States and its agencies and 86.29 instrumentalities; 86.30 (2) school districts, the University of Minnesota, state 86.31 universities, community colleges, technical colleges, state 86.32 academies, the Perpich Minnesota center for arts education, and 86.33 an instrumentality of a political subdivision that is accredited 86.34 as an optional/special function school by the North Central 86.35 Association of Colleges and Schools; 86.36 (3) hospitals and nursing homes owned and operated by 87.1 political subdivisions of the state; 87.2 (4) the state department of transportation; 87.3 (5) other states or political subdivisions of other states, 87.4 if the sale would be exempt from taxation if it occurred in that 87.5 state; and 87.6(5)(6) sales to public libraries, public library systems, 87.7 multicounty, multitype library systems as defined in section 87.8 134.001, county law libraries under chapter 134A, state agency 87.9 libraries, the state library under section 480.09, and the 87.10 legislative reference library. 87.11 (b) This exemption does not apply to the sales of the 87.12 following products and services: 87.13 (1) building, construction, or reconstruction materials 87.14 purchased by a contractor or a subcontractor as a part of a 87.15 lump-sum contract or similar type of contract with a guaranteed 87.16 maximum price covering both labor and materials for use in the 87.17 construction, alteration, or repair of a building or facility; 87.18 (2) construction materials purchased by tax exempt entities 87.19 or their contractors to be used in constructing buildings or 87.20 facilities which will not be used principally by the tax exempt 87.21 entities; 87.22 (3) the leasing of a motor vehicle as defined in section 87.23 297B.01, subdivision 5, except for leases entered into by the 87.24 United States or its agencies or instrumentalities; or 87.25 (4) meals and lodging as defined under section 297A.61, 87.26 subdivisions 3, paragraph (d), and 16, paragraph (c), except for 87.27 meals and lodging purchased directly by the United States or its 87.28 agencies or instrumentalities. 87.29 (c) As used in this subdivision, "school districts" means 87.30 public school entities and districts of every kind and nature 87.31 organized under the laws of the state of Minnesota, and any 87.32 instrumentality of a school district, as defined in section 87.33 471.59. 87.34 Sec. 56. Minnesota Statutes 2000, section 297B.09, 87.35 subdivision 1, is amended to read: 87.36 Subdivision 1. [GENERAL FUND SHAREDEPOSIT OF REVENUES.] 88.1 Money collected and received under this chapter must be 88.2 deposited as provided in this subdivision. 88.3 Thirty-two percent of the money collected and received must 88.4 be deposited in the highway user tax distribution fund, 18 88.5 percent of the money collected and received must be deposited in 88.6 the transit assistance fund, and the remaining6850 percent of 88.7 the money must be deposited in the general fund. 88.8 [EFFECTIVE DATE.] This section is effective July 1, 2003. 88.9 Sec. 57. Minnesota Statutes 2000, section 299D.03, 88.10 subdivision 5, is amended to read: 88.11 Subd. 5. [FINES AND FORFEITED BAIL MONEY.] (a) All fines 88.12 and forfeited bail money, from traffic and motor vehicle law 88.13 violations, collected from persons apprehended or arrested by 88.14 officers of the state patrol, shall be paid by the person or 88.15 officer collecting the fines, forfeited bail money or 88.16 installments thereof, on or before the tenth day after the last 88.17 day of the month in which these moneys were collected, to the 88.18 county treasurer of the county where the violation occurred. 88.19 Three-eighths of these receipts shall be credited to the general 88.20 revenue fund of the county, except that in a county in a 88.21 judicial district under section 480.181, subdivision 1, 88.22 paragraph (b), as added in Laws 1999, chapter 216, article 7, 88.23 section 26, this three-eighths share must be transmitted to the 88.24 state treasurer for deposit in the state treasury and credited 88.25 to the general fund. The other five-eighths of these receipts 88.26 shall be transmitted by that officer to the state treasurer and 88.27 shall be creditedas follows:88.28(1) In the fiscal year ending June 30, 1991, the first88.29$275,000 in money received by the state treasurer after June 4,88.301991, must be credited to the transportation services fund, and88.31the remainder in the fiscal year credited to the trunk highway88.32fund.88.33(2) In fiscal year 1992, the first $215,000 in money88.34received by the state treasurer in the fiscal year must be88.35credited to the transportation services fund, and the remainder88.36credited to the trunk highway fund.89.1(3) In fiscal year 1993 and subsequent years, the entire89.2amount received by the state treasurer must be credited9/16 to 89.3 the trunk highway fund and 1/16 to the trooper training account 89.4 created in subdivision 6a. If, however, the violation occurs 89.5 within a municipality and the city attorney prosecutes the 89.6 offense, and a plea of not guilty is entered, one-third of the 89.7 receipts shall be credited to the general revenue fund of the 89.8 county, one-third of the receipts shall be paid to the 89.9 municipality prosecuting the offense, and one-third shall be 89.10 transmitted to the state treasureras provided in this89.11subdivisionand credited to the trunk highway fund. All costs 89.12 of participation in a nationwide police communication system 89.13 chargeable to the state of Minnesota shall be paid from 89.14 appropriations for that purpose. 89.15 (b) Notwithstanding any other provisions of law, all fines 89.16 and forfeited bail money from violations of statutes governing 89.17 the maximum weight of motor vehicles, collected from persons 89.18 apprehended or arrested by employees of the state of Minnesota, 89.19 by means of stationary or portable scales operated by these 89.20 employees, shall be paid by the person or officer collecting the 89.21 fines or forfeited bail money, on or before the tenth day after 89.22 the last day of the month in which the collections were made, to 89.23 the county treasurer of the county where the violation 89.24 occurred. Five-eighths of these receipts shall be transmitted 89.25 by that officer to the state treasurer and shall be credited to 89.26 the highway user tax distribution fund. Three-eighths of these 89.27 receipts shall be credited to the general revenue fund of the 89.28 county, except that in a county in a judicial district under 89.29 section 480.181, subdivision 1, paragraph (b), as added in Laws 89.30 1999, chapter 216, article 7, section 26, this three-eighths 89.31 share must be transmitted to the state treasurer for deposit in 89.32 the state treasury and credited to the general fund. 89.33 Sec. 58. Minnesota Statutes 2000, section 299D.03, 89.34 subdivision 6, is amended to read: 89.35 Subd. 6. [TRAINING PROGRAM.] The commissioner of public 89.36 safety may provide training programs for the purpose of 90.1 obtaining qualified personnel for the state patrol. Persons 90.2 accepted by the commissioner of public safety for training under 90.3 this training program shall be designated state patrol trainees 90.4 and shall receive a salary not to exceed 70 percent of the basic 90.5 salary for patrol officers as prescribed in subdivision 2, 90.6 during the period of the training. Nothing contained in this 90.7 subdivision shall be construed to prevent the commissioner of 90.8 public safety from providing in-service training programs for 90.9 state patrol officers. The commissioner of transportation shall 90.10 furnish the commissioner of public safety with lands and 90.11 buildings necessary in providing in-service training programs 90.12 and the department of public safety shall reimburse the 90.13 department of transportation for all reasonable costs incurred 90.14 due to the provision of these training facilities. All costs 90.15 related to in-service training programs for existing state 90.16 patrol troopers shall first be paid by the commissioner from 90.17 money in the trooper training account created in subdivision 6a 90.18 to the extent that funds are available in the account. 90.19 Sec. 59. Minnesota Statutes 2000, section 299D.03, is 90.20 amended by adding a subdivision to read: 90.21 Subd. 6a. [TROOPER TRAINING ACCOUNT.] A trooper training 90.22 account is created in the special revenue fund. The account 90.23 receives fines credited under subdivision 5 and other money as 90.24 specified by law. All funds in the account are annually 90.25 appropriated to the commissioner of public safety to be used for 90.26 in-service training programs for existing state patrol 90.27 troopers. The commissioner, as part of the department's 90.28 biennial budget, shall provide information on revenues deposited 90.29 in the account, past and proposed uses of the account, and the 90.30 available account balance. 90.31 Sec. 60. Minnesota Statutes 2000, section 299M.10, is 90.32 amended to read: 90.33 299M.10 [MONEY CREDITED TOGENERALSPECIAL REVENUE FUND; 90.34 APPROPRIATION.] 90.35 (a) The fees and penalties collected under this chapter, 90.36 except as provided in section 299M.07, must be deposited in the 91.1 state treasury and credited tothe generala state fire marshal 91.2 account in the special revenue fund. 91.3 (b) Money received by the state fire marshal division in 91.4 the form of gifts, grants, reimbursements, or appropriation from 91.5 any source for the administration of this chapter must also be 91.6 deposited in the state treasury and credited tothe generala 91.7 state fire marshal account in the special revenue fund. 91.8 (c) All money in the state fire marshal account is annually 91.9 appropriated to the commissioner for purposes of administering 91.10 this chapter. 91.11 [EFFECTIVE DATE.] This section is effective July 1, 2003. 91.12 Sec. 61. Minnesota Statutes 2000, section 299M.11, 91.13 subdivision 5, is amended to read: 91.14 Subd. 5. [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 91.15 under this section must be deposited in the state treasury and 91.16 credited tothe generala state fire marshal account in the 91.17 special revenue fund. All money in the state fire marshal 91.18 account is annually appropriated to the commissioner for 91.19 purposes of administering this chapter. 91.20 [EFFECTIVE DATE.] This section is effective July 1, 2003. 91.21 Sec. 62. Minnesota Statutes 2000, section 446A.085, is 91.22 amended to read: 91.23 446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 91.24 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 91.25 section, the terms defined in this subdivision have the meanings 91.26 given them. 91.27(a) [ACT.](b) "Act" means the National Highway System 91.28 Designation Act of 1995, Public Law Number 104-59, as amended. 91.29(b) [BORROWER.](c) "Borrower" means the state, counties, 91.30 cities, and other governmental entities eligible under the act 91.31 and state law to apply for and receive loans from the 91.32 transportation revolving loan fund, the trunk highway revolving91.33loan account, the county state-aid highway revolving loan91.34account, and the municipal state-aid street revolving loan91.35account. 91.36(c) [DEPARTMENT.] "Department" means the department of92.1transportation.92.2 (d)[LOAN.]"Loan" means financial assistance provided for 92.3 all or part of the cost of a project including money disbursed 92.4 in anticipation of reimbursement or repayment, loan guarantees, 92.5 lines of credit, credit enhancements, equipment financing 92.6 leases, bond insurance, or other forms of financial assistance. 92.7 (e)[TRANSPORTATION COMMITTEE.]"Transportation committee" 92.8 means a committee of the Minnesota public facilities authority, 92.9 acting on behalf of the Minnesota public facilities authority, 92.10 consisting of the commissioner of the department of trade and 92.11 economic development, the commissioner of finance, and the 92.12 commissioner of transportation. 92.13 Subd. 2. [PURPOSE.] The purpose of the transportation 92.14 revolving loan fund, the trunk highway revolving loan account,92.15the county state-aid highway revolving loan account, and the92.16municipal state-aid street revolving loan accountis to provide 92.17 loansand matching moneyfor public transportation projects 92.18 eligible for financing or aid under any federal act or program 92.19 or state law, including, without limitation, the study of the 92.20 feasibility of construction, reconstruction, resurfacing, 92.21 restoring, rehabilitation, or replacement of transportation 92.22 facilities; acquisition of right-of-way; and maintenance, 92.23 repair, improvement, or construction of city, town, county, or 92.24 state highways, roads, streets, rights-of-way, bridges, tunnels, 92.25 railroad-highway crossings, drainage structures, signs, 92.26 maintenance and operation facilities, guardrails, and protective 92.27 structures used in connection with highways or transit projects. 92.28 Enhancement items, including without limitation bicycle paths, 92.29 ornamental lighting, and landscaping, are eligible for financing 92.30 provided they are an integral part of overall project design and 92.31 construction of a federal-aid highway. Money in the fund may 92.32 not be used for any toll facilities project or 92.33 congestion-pricing project. 92.34 Subd. 3. [ESTABLISHMENT OF FUND.] A transportation 92.35 revolving loan fund is established to make loans for the 92.36 purposes described in subdivision 2. A highway account is 93.1 established in the fund for highway projects eligible under 93.2 United States Code, title 23. A transit account is established 93.3 in the fund for transit capital projects eligible under United 93.4 States Code, title 49. A state funds general loan account is 93.5 established in the fund for transportation projects eligible 93.6 under state law. Other accounts may be established in the fund 93.7 as necessary for its management and administration. The 93.8 transportation revolving loan fundshall receivereceives 93.9 federal money under the act and money from any source. Money 93.10 received under this section must be paid to the state treasurer 93.11 and credited to the transportation revolving loan fund. Money 93.12 in the fund is annually appropriated to thecommissioner93.13 authority and does not lapse. The fund must be credited with 93.14 investment income, and with repayments of principal and 93.15 interest, except for servicing fees assessed under sections 93.16 446A.04, subdivision 5, and 446A.11, subdivision 8. 93.17 Subd. 4. [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 93.18 shall manage and administer the transportation revolving loan 93.19 fund, the trunk highway revolving loan account, the county93.20state-aid highway revolving loan account, and the municipal93.21state-aid street revolving loan accountand individual accounts 93.22 in the fund. For those purposes, the authority may exercise all 93.23 powers provided in this chapter. 93.24Subd. 5. [TRANSFER OF MONEY.] With the consent of the93.25transportation committee, the commissioner of transportation may93.26transfer money from the trunk highway revolving loan account to93.27the trunk highway fund, from the county state-aid highway93.28revolving loan account to the county state-aid highway fund, and93.29from the municipal state-aid street revolving loan account to93.30the municipal state-aid street fund.93.31 Subd. 6. [TRANSPORTATION COMMITTEE.] The transportation 93.32 committee may authorize the making of loans to borrowers by the 93.33 authority for transportation purposes authorized by the act or 93.34 this section, without further action by the authority. The 93.35 authority may not make loans for transportation purposes without 93.36 the approval of the transportation committee. Each project must 94.1 be certified by the commissioner of transportation before its 94.2 consideration by the transportation committee. 94.3 Subd. 7. [APPLICATIONS.] Applicants for loans must submit 94.4 an application to the transportation committee on forms 94.5 prescribed by the transportation committee. The applicant must 94.6 provide the following information: 94.7 (1) the estimated cost of the project and the amount of the 94.8 loan sought; 94.9 (2) other possible sources of funding in addition to loans 94.10 sought from the transportation revolving loan fund, the trunk94.11highway revolving loan account, the county state-aid highway94.12revolving loan account, or the municipal state-aid street94.13revolving loan account; 94.14 (3) the proposed methods and sources of funds to be used 94.15 for repayment of loans received; and 94.16 (4) information showing the financial status and ability of 94.17 the borrower to repay loans. 94.18 Subd. 8. [CERTIFICATION OF PROJECTS.] The commissioner of 94.19 transportation shall consider the following information when 94.20 evaluating projects to certify for funding to the transportation 94.21 committee: 94.22 (1) a description of the nature and purpose of the proposed 94.23 transportation project including an explanation of the need for 94.24 the project and the reasons why it is in the public interest; 94.25 (2) the relationship of the project to the area 94.26 transportation improvement program, the approved statewide 94.27 transportation improvement program, and to anyother94.28 transportation plans required under state or federal law; 94.29 (3) the estimated cost of the project and the amount of 94.30 loans sought; 94.31 (4) proposed sources of funding in addition to loans sought 94.32 from the transportation revolving loan fund, the trunk highway94.33revolving loan account, the county state-aid highway revolving94.34loan account, or municipal state-aid street revolving loan94.35account; 94.36 (5) the need for the project as part of the overall 95.1 transportation system; 95.2 (6) the overall economic impact of the project; and 95.3 (7) the extent to which completion of the project will 95.4 improve the movement of people and freight. 95.5 Subd. 9. [LOAN CONDITIONS.] When making loans from the 95.6 transportation revolving loan fund,the trunk highway revolving95.7loan account, the county state-aid highway revolving loan95.8account, or the municipal state-aid street revolving loan95.9account,the transportation committee shall comply with the 95.10conditionsapplicable provisions of the act and state law. In 95.11 addition, a loan made under this section must: 95.12 (1) bear interest at or below market rates or as otherwise 95.13 specified in federal law; 95.14 (2) have a repayment term not longer than 30 years; 95.15 (3) be fully amortized no later than 30 years after project 95.16 completion; 95.17 (4) be subject to repayment of principal and interest 95.18 beginning not later than five years after the facility financed 95.19 with a loan has been completed, or in the case of a highway 95.20 project, five years after the facility has opened to traffic; 95.21 and 95.22 (5) bemadedisbursed for specific project elements only 95.23 after allfederalapplicable environmental requirements 95.24applicable to the projecthave beencomplied with and all95.25federal environmental requirements have beenmet. 95.26 Subd. 10. [LOANS IN ANTICIPATION OF FUTURE 95.27 APPORTIONMENTS.] A loan may be made to a county, or to a 95.28 statutory or home rule charter city having a population of 5,000 95.29 or more, in anticipation of repayment of the loan from sums that 95.30 will be apportioned to a county from the county state-aid 95.31 highway fund under section 162.07 or to a city from the 95.32 municipal state-aid street fund under section 162.14. 95.33 Subd. 11. [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 95.34 allocation provisions of section 162.08 for counties, and the 95.35 apportionment provisions of section 162.14 for cities, sums 95.36 apportioned under section 162.13 to a statutory or home rule 96.1 charter city, or under section 162.07 to a county, that has loan 96.2 repayments due to the transportation revolving loan fund,the96.3trunk highway revolving loan account, the county state-aid96.4highway revolving loan account, or the municipal state-aid96.5street revolving loan accountshall be paid by the commissioner 96.6 of transportation to the appropriate loan fundor accountto 96.7 offset the loan repayments that are due. 96.8 Subd. 12. [RULES OF TRANSPORTATION COMMITTEE AND 96.9 AUTHORITY.] The commissioner of the department of trade and 96.10 economic development shall adopt administrative rules specifying 96.11 the procedures that will be used for the administration of the 96.12 duties of the transportation committee and authority. The rules 96.13 must include criteria, standards, and procedures that will be 96.14 used for making loans, determining interest rates to be charged 96.15 on loans, the amount of project financing to be provided, the 96.16 collateral that will be required, the requirements for dedicated 96.17 sources of revenue or income streams to ensure repayment of 96.18 loans, and the length of repayment terms. 96.19 Subd. 13. [AUTHORITY AND RULES OF DEPARTMENT.] The 96.20 commissioner of transportation shall establish, adopt rules for, 96.21 and implement a program to identify, assist with the development 96.22 of, and certify projects eligible for loans under the act to the 96.23 transportation committee. Until rules are adopted by the 96.24 commissioner of transportation, the commissioner of 96.25 transportation may certify to the transportation committee any 96.26 project that has been reviewed through an approved planning 96.27 process that qualifies the project to be included in the 96.28 statewide transportation program or amended into the statewide 96.29 transportation improvement program. 96.30 Subd. 14. [JOINT RULES.] The commissioner of the 96.31 department of trade and economic development and the 96.32 commissioner of transportation may adopt a single set of rules. 96.33 [EFFECTIVE DATE.] This section is effective the day 96.34 following final enactment. 96.35 Sec. 63. Minnesota Statutes 2000, section 473.859, 96.36 subdivision 2, is amended to read: 97.1 Subd. 2. [LAND USE PLAN.] A land use plan shall include 97.2 the water management plan required by section 103B.235, and 97.3 shall designate the existing and proposed location, intensity 97.4 and extent of use of land and water, including lakes, wetlands, 97.5 rivers, streams, natural drainage courses, and adjoining land 97.6 areas that affect water natural resources, for agricultural, 97.7 residential, commercial, industrial and other public and private 97.8 purposes, or any combination of such purposes. A land use plan 97.9 shall contain a protection element, as appropriate, for historic 97.10 sites, the matters listed in the water management plan required 97.11 by section 103B.235, and an element for protection and 97.12 development of access to direct sunlight for solar energy 97.13 systems. A land use plan shall also include a housing element 97.14 containing standards, plans and programs for providing adequate 97.15 housing opportunities to meet existing and projected local and 97.16 regional housing needs, including but not limited to the use of 97.17 official controls and land use planning to promote the 97.18 availability of land for the development of low and moderate 97.19 income housing. A land use plan shall also include 97.20 consideration of the protection and development of aggregate 97.21 resources. 97.22 [EFFECTIVE DATE.] This section is effective July 1, 2001, 97.23 and applies in the counties of Anoka, Carver, Dakota, Hennepin, 97.24 Ramsey, Scott, and Washington. 97.25 Sec. 64. [473.920] [METROPOLITAN TRANSPORTATION 97.26 IMPROVEMENT BOARD.] 97.27 Subdivision 1. [GENERAL.] The metropolitan transportation 97.28 improvement board is established and shall be organized, 97.29 structured, and administered as provided in this section. 97.30 Subd. 2. [MEMBERSHIP; QUALIFICATIONS.] The board shall 97.31 consist of seven members appointed one each by the county boards 97.32 of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 97.33 Scott, and Washington. Each board member must be an elected 97.34 county commissioner. 97.35 Subd. 3. [CHAIR.] The chair shall annually be elected by 97.36 and from among the seven board members. The chair shall preside 98.1 at all meetings of the board, if present, and shall perform all 98.2 other duties and functions assigned by the board or by law. The 98.3 board may appoint from among its members a vice-chair to act for 98.4 the chair during temporary absence or disability. 98.5 Subd. 4. [TERMS.] The term of each member shall be two 98.6 years. The terms shall continue until a successor is appointed 98.7 and qualified. 98.8 Subd. 5. [VACANCIES.] A vacancy shall be filled by the 98.9 appointing authority in the same manner in which the original 98.10 appointment was made. 98.11 Subd. 6. [COMPENSATION.] Members serve without 98.12 compensation but shall be reimbursed for all actual and 98.13 necessary expenses incurred in the performance of duties. The 98.14 annual budget of the board shall provide a separate account for 98.15 anticipated expenditures and associated expenses for the chair 98.16 and members. Reimbursement shall be made only when budgeted. 98.17 Subd. 7. [MEETINGS.] The board shall meet at least once 98.18 per year at such time and place as the board shall by resolution 98.19 designate. Special meetings may be held at any time upon the 98.20 call of the chair or a majority of the members upon written 98.21 notice to each member at least three days before the meeting or 98.22 upon other notice the board may by resolution provide. Unless 98.23 otherwise provided, any action within the authority of the board 98.24 may be taken by affirmative vote of a majority of the members. 98.25 A majority of all of the members of the board shall constitute a 98.26 quorum. 98.27 [EFFECTIVE DATE.] This section does not take effect if the 98.28 question in the special election in section 67 does not receive 98.29 an affirmative vote. If the question does receive an 98.30 affirmative vote, this section is repealed when all projects 98.31 referenced in section 473.922, subdivision 6, clause (2), are 98.32 completed. 98.33 Sec. 65. [473.922] [POWERS OF THE METROPOLITAN 98.34 TRANSPORTATION IMPROVEMENT BOARD.] 98.35 Subdivision 1. [METROPOLITAN TRANSPORTATION AREA.] 98.36 "Metropolitan transportation area" means the counties of: 99.1 Anoka; Carver; Dakota, excluding the city of Northfield; 99.2 Hennepin, excluding the city of Hanover; Ramsey; Scott, 99.3 excluding the city of New Prague; and Washington. 99.4 Subd. 2. [GENERAL.] The board shall have all powers 99.5 necessary to discharge the duties imposed by law, including, but 99.6 not limited to, those specified in this section. 99.7 Subd. 3. [ACTIONS.] The board may sue and be sued and 99.8 shall be a public body within the meaning of chapter 562. 99.9 Subd. 4. [SALES AND USE TAX AUTHORIZED.] Notwithstanding 99.10 section 477A.016 or any other provision of law, ordinance, or 99.11 city charter, if approved by a majority of the voters in the 99.12 metropolitan transportation area at an election described in 99.13 section 67, the board may impose by resolution a sales and use 99.14 tax of up to one-half of one percent on sales in the 99.15 metropolitan transportation area for the purposes specified in 99.16 subdivision 6. Except as otherwise provided in this section, 99.17 the provisions of section 297A.99 govern the imposition, 99.18 administration, collection, and enforcement of the tax 99.19 authorized under this subdivision. 99.20 Subd. 5. [EXCISE TAX AUTHORIZED.] Notwithstanding section 99.21 477A.016 or any other provision of law, ordinance, or city 99.22 charter, if approved by a majority of the voters in the 99.23 metropolitan transportation area at an election described in 99.24 section 67, the board may impose by resolution, for the purposes 99.25 specified in subdivision 6, an excise tax of up to $20 per motor 99.26 vehicle, as defined by resolution, purchased or acquired from 99.27 any person engaged within the metropolitan transportation area 99.28 in the business of selling motor vehicles at retail. 99.29 Subd. 6. [USE OF REVENUES.] Revenues received from taxes 99.30 authorized by subdivisions 4 and 5 must be used by the 99.31 metropolitan transportation improvement board to pay the cost of 99.32 collecting the taxes, expenses of the board, cost of the audit 99.33 under subdivision 8, and for transfer as follows: 99.34 (1) at least $30,000,000 each year to the metropolitan 99.35 council, upon its request, to pay for acquisition of buses, 99.36 highway shoulder improvements for buses, and other capital 100.1 expenses related to the metropolitan area bus system; and 100.2 (2) the remaining amount to the trunk highway fund for 100.3 expenditure by the commissioner of transportation, at the times 100.4 and in the amounts requested by the commissioner, to pay to 100.5 complete those metropolitan highway system improvement, 100.6 replacement, and bottleneck removal projects and those 100.7 metropolitan system highway expansion projects identified in the 100.8 transportation policy plan, tables 8 and 10, adopted January 24, 100.9 2001, by the metropolitan council. The commissioner must 100.10 complete letting all the projects referenced in this clause no 100.11 later than June 30, 2011. 100.12 Subd. 7. [TERMINATION OF TAXES.] Notwithstanding section 100.13 297A.99, the taxes imposed under subdivisions 4 and 5 expire 100.14 when the commissioner of transportation has completed 100.15 construction of all projects referenced in subdivision 6, clause 100.16 (2). 100.17 Subd. 8. [AUDIT.] The legislative auditor shall make an 100.18 independent audit of the board's books and accounts once each 100.19 year or as often as the legislative auditor's funds and 100.20 personnel permit. The costs of the audits shall be paid by the 100.21 board under section 3.9741. 100.22 [EFFECTIVE DATE.] This section is effective upon an 100.23 affirmative vote by a majority of the electors in the special 100.24 election held under section 67, except that subdivisions 5 and 100.25 6, following an affirmative vote, are effective as to sales made 100.26 on and after July 1, 2002. This section is repealed when all 100.27 projects referenced in subdivision 6, clause (2), are completed. 100.28 Sec. 66. Laws 1999, chapter 238, article 1, section 2, 100.29 subdivision 7, is amended to read: 100.30 Subd. 7. State Roads 912,625,000 923,769,000 100.31 Summary by Fund 100.32 General 59,000 9,000 100.33 Trunk Highway 912,566,000 923,760,000 100.34 The amounts that may be spent from this 100.35 appropriation for each activity are as 100.36 follows: 100.37 (a) State Road Construction 101.1 516,684,000 521,707,000 101.2 It is estimated that these 101.3 appropriations will be funded as 101.4 follows: 101.5 Federal Highway Aid 101.6 275,000,000 275,000,000 101.7 Highway User Taxes 101.8 241,684,000 246,707,000 101.9 The commissioner of transportation 101.10 shall notify the chair of the 101.11 transportation budget division of the 101.12 senate and chair of the transportation 101.13 finance committee of the house of 101.14 representatives quarterly of any events 101.15 that should cause these estimates to 101.16 change. 101.17 This appropriation is for the actual 101.18 construction, reconstruction, and 101.19 improvement of trunk highways. This 101.20 includes the cost of actual payment to 101.21 landowners for lands acquired for 101.22 highway rights-of-way, payment to 101.23 lessees, interest subsidies, and 101.24 relocation expenses. 101.25 The commissioner may transfer up to 101.26 $15,000,000 each year to the trunk 101.27 highway revolving loan account. 101.28 The commissioner may receive money 101.29 covering other shares of the cost of 101.30 partnership projects. These receipts 101.31 are appropriated to the commissioner 101.32 for these projects. 101.33 (b) Highway Debt Service 101.34 13,949,000 13,175,000 101.35 $3,949,000 the first year and 101.36 $3,175,000 the second year are for 101.37 transfer to the state bond fund. 101.38 If this appropriation is insufficient 101.39 to make all transfers required in the 101.40 year for which it is made, the 101.41 commissioner of finance shall notify 101.42 the committee on state government 101.43 finance of the senate and the committee 101.44 on ways and means of the house of 101.45 representatives of the amount of the 101.46 deficiency and shall then transfer that 101.47 amount under the statutory open 101.48 appropriation. 101.49 Any excess appropriation must be 101.50 canceled to the trunk highway fund. 101.51 (c) Research and Investment Management 101.52 12,450,000 12,597,000 101.53 $600,000 the first year and $600,000 101.54 the second year are available for 102.1 grants for transportation studies 102.2 outside the metropolitan area to 102.3 identify critical concerns, problems, 102.4 and issues. These grants are available 102.5 to (1) regional development 102.6 commissions, and (2) in regions where 102.7 no regional development commission is 102.8 functioning, joint powers boards 102.9 established under agreement of two or 102.10 more political subdivisions in the 102.11 region to exercise the planning 102.12 functions of a regional development 102.13 commission, and (3) in regions where no 102.14 regional development commission or 102.15 joint powers board is functioning, the 102.16 department's district office for that 102.17 region. 102.18 $216,000 the first year and $216,000 102.19 the second year are available for 102.20 grants to metropolitan planning 102.21 organizations outside the seven-county 102.22 metropolitan area. 102.23 $75,000 the first year and $25,000 the 102.24 second year are for transportation 102.25 planning relating to the 2000 census. 102.26 This appropriation may not be added to 102.27 the agency's budget base. 102.28 $75,000 the first year and $75,000 the 102.29 second year are for a transportation 102.30 research contingent account to finance 102.31 research projects that are reimbursable 102.32 from the federal government or from 102.33 other sources. If the appropriation 102.34 for either year is insufficient, the 102.35 appropriation for the other year is 102.36 available for it. 102.37 (d) Central Engineering Services 102.38 68,563,000 70,940,000 102.39 (e) Design and Construction Engineering 102.40 80,592,000 83,246,000 102.41 $1,000,000 the first year and $500,000 102.42 the second year are for transportation 102.43 planning relating to the 2000 census. 102.44 This appropriation may not be added to 102.45 the agency's budget base. 102.46 (f) State Road Operations 102.47 214,703,000 216,561,000 102.48 $1,000,000 each year are for 102.49 enhancements to the freeway operations 102.50 program in the metropolitan area. 102.51 $1,000,000 the first year and 102.52 $1,000,000 the second year are for 102.53 maintenance services including rest 102.54 area maintenance, vehicle insurance, 102.55 ditch assessments, and tort claims. 102.56 $3,000,000 the first year and 102.57 $1,000,000 the second year are for 102.58 improved highway striping. 103.1 $500,000 the first year and $500,000 103.2 the second year are for safety 103.3 technology applications. 103.4 $150,000 the first year and $150,000 103.5 the second year are for statewide asset 103.6 preservation and repair. 103.7 $750,000 the first year and $750,000 103.8 the second year are for the 103.9 implementation of the transportation 103.10 worker concept. 103.11 The commissioner shall establish a task 103.12 force to study seasonal road 103.13 restrictions and report to the 103.14 legislature its findings and any 103.15 recommendations for legislative 103.16 action. The commissioner shall appoint 103.17 members representing: 103.18 (1) aggregate and ready-mix producers; 103.19 (2) solid waste haulers; 103.20 (3) liquid waste haulers; 103.21 (4) the logging industry; 103.22 (5) the construction industry; and 103.23 (6) agricultural interests. 103.24 The task force shall report to the 103.25 legislature by February 1, 2000, on its 103.26 findings and recommendations. 103.27 (g) Electronic Communications 103.28 5,684,000 5,543,000 103.29 Summary by Fund 103.30 General 59,000 9,000 103.31 Trunk Highway 5,625,000 5,534,000 103.32 $9,000 the first year and $9,000 the 103.33 second year are from the general fund 103.34 for equipment and operation of the 103.35 Roosevelt signal tower for Lake of the 103.36 Woods weather broadcasting. 103.37 $50,000 the first year from the general 103.38 fund is for purchase of equipment for 103.39 the 800 MHz public safety radio system. 103.40 $200,000 the first year is from the 103.41 trunk highway fund for costs resulting 103.42 from the termination of agreements made 103.43 under article 2, sections 31 and 89, 103.44 and Minnesota Statutes, section 174.70, 103.45 subdivision 2. This appropriation does 103.46 not cancel but is available until spent. 103.47 In each year of the biennium the 103.48 commissioner shall request the 103.49 commissioner of administration to 103.50 request bids for the purchase of 103.51 digital mobile and portable radios to 103.52 be used on the metropolitan regional 104.1 public safety radio communications 104.2 system. 104.3 [EFFECTIVE DATE.] This section is effective the day 104.4 following final enactment. 104.5 Sec. 67. [ELECTION.] 104.6 The secretary of state, in cooperation with the county 104.7 auditors of the metropolitan transportation area, shall conduct 104.8 a special election in the metropolitan transportation area at 104.9 the time of the general election the Tuesday after the first 104.10 Monday in November 2001. The following question shall appear on 104.11 the ballot: 104.12 "Shall an additional tax of one-half of one percent be 104.13 temporarily imposed on sales in the metropolitan area to pay for 104.14 transportation improvements to relieve traffic congestion in the 104.15 metropolitan area?" 104.16 If a majority of the electors voting on the question answer 104.17 the question in the affirmative, the metropolitan transportation 104.18 improvement board is authorized to impose the taxes described in 104.19 Minnesota Statutes, section 473.922, subdivisions 4 and 5. 104.20 Sec. 68. [REPORT.] 104.21 In each year during the period of imposition of the taxes 104.22 authorized in Minnesota Statutes, section 473.922, subdivisions 104.23 4 and 5, the commissioner of transportation and the metropolitan 104.24 council shall report by February 1 to the house and senate 104.25 committees having jurisdiction over transportation policy and 104.26 finance, concerning the revenues received from the metropolitan 104.27 transportation improvement board and the expenditures of that 104.28 money. 104.29 Sec. 69. [IMPORTANCE.] 104.30 The Little Elk Heritage Preserve, a 92.25-acre 104.31 archaeological park and nature preserve on the Mississippi river 104.32 near Little Falls, contains a unique cluster of cultural and 104.33 natural resources that together document diverse human 104.34 activities and connections to natural environments in central 104.35 Minnesota over thousands of years. The resources at Little Elk 104.36 Heritage Preserve include archaeological remains identified with 105.1 ancient native America, the colonial fur trade, early Dakota and 105.2 Ojibwe life, Black and women's history, Mississippi valley 105.3 exploration, a mission farm and school, United States Indian 105.4 treaties, territorial period homesteading and townsite 105.5 development, the conflict of 1862, hunting, gathering, 105.6 portaging, quarrying, logging, farming, dam-building, grist 105.7 milling, saw milling, and wood products manufacturing. Ongoing 105.8 research programs explore and interpret these important 105.9 resources. 105.10 Sec. 70. [OWNERSHIP.] 105.11 The site described in section 69 is owned and administered 105.12 by the Institute for Minnesota Archaeology. The state register 105.13 of historic places listing includes those portions of the 105.14 preserve that contain significant archaeological or historic 105.15 resources. The Institute for Minnesota Archaeology is a private 105.16 nonprofit organization dedicated to historical and 105.17 archaeological research, education, and stewardship. 105.18 Sec. 71. [TEMPORARY SUSPENSION OF I-35W/TRUNK HIGHWAY NO. 105.19 62 CLOSURE AND TRANSPORTATION CONSTRUCTION PROJECT.] 105.20 Subdivision 1. [SUSPENSION OF WORK.] The commissioner of 105.21 transportation, for 12 months after enactment of this section, 105.22 shall suspend work on the marked interstate highway I-35W/trunk 105.23 highway marked No. 62 closure and improvement project, involving 105.24 separation of the two roadways in the commons area, replacement 105.25 of ramps, construction of a high-occupancy vehicle lane, and 105.26 changes in access. 105.27 Subd. 2. [REPORT.] On or before February 15, 2002, the 105.28 commissioner of transportation shall submit a report and 105.29 recommendations to the house of representatives and senate 105.30 committees with jurisdiction over transportation policy and 105.31 finance. The report and recommendations must include: 105.32 (1) a plan, developed in consultation with the metropolitan 105.33 council, to provide adequate public transit during the period of 105.34 highway closure among and within the affected communities, and 105.35 specific plans for detours; 105.36 (2) alternative, feasible designs for the construction 106.1 project described in subdivision 1 that will: 106.2 (i) increase capacity; 106.3 (ii) maintain the current right-of-way; 106.4 (iii) not close the Lyndale access; and 106.5 (iv) include a transit component, which may require buses, 106.6 busways, rail, or high occupancy vehicle lanes; 106.7 (3) a 20-year study/projection of traffic demand in the 106.8 corridors affected by the construction project; and 106.9 (4) methods for completing the project in the most timely 106.10 manner and costs associated with accelerating completion of the 106.11 project. 106.12 Sec. 72. [STUDY OF BRIDGE JURISDICTION.] 106.13 (a) The commissioner of transportation shall study the 106.14 advantages, disadvantages, concerns, desirability, and 106.15 feasibility of assuming, sharing, or not assuming jurisdiction 106.16 and responsibility for all or a portion of bridges comprising 106.17 the major, navigable river crossings in Minnesota that are now, 106.18 or are scheduled to be, under the jurisdiction of local road 106.19 authorities. The commissioner shall evaluate jurisdiction and 106.20 responsibility for the bridges in terms of: 106.21 (1) present and future needs for financing and conducting 106.22 emergency or scheduled construction, replacement, 106.23 reconstruction, rehabilitation, expansion, repair, maintenance, 106.24 and inspection; and 106.25 (2) expectations of complete, partial, or matching federal 106.26 or state funding. 106.27 (b) The commissioner shall make findings and 106.28 recommendations and submit a written report to the chairs of the 106.29 transportation policy and budget committees of the senate and 106.30 house of representatives, as well as the required number of 106.31 copies to the legislative reference library, by January 2, 2002. 106.32 Sec. 73. [STATE TROOPER TRAINING REPORT.] 106.33 On or before February 15, 2002, the commissioner of public 106.34 safety shall present to the committees having jurisdiction over 106.35 transportation policy and finance in the house of 106.36 representatives and the senate an evaluation of the efficiency 107.1 and cost-effectiveness of the present recruit training program, 107.2 and a comparison of the effectiveness and potential cost-savings 107.3 of alternative training formats with the current academy format. 107.4 Sec. 74. [REPEALER.] 107.5 Minnesota Statutes 2000, sections 174.22, subdivision 9; 107.6 and 174.32, subdivisions 2 and 4, are repealed.